Agenda 10/23/2007 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
AGENDA
October 23, 2007
9:00 AM
Jim Coletta, BCC Chairman, District 5; CRAB Vice-Chairman
Tom Henning, BCC Vice- Chairman, District 3
Donna Fiala, BCC Commissioner, District 1; CRAB Chairman
Frank Halas, BCC Commissioner, District 2
Fred W. Coyle, BCC Commissioner, District 4
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO
SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE
PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL
RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004-05 AND 2007-24,
REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS),
REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS
DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE
SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS
PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF
THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY
AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO
PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE
PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DEPARTMENT LOCA TED 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. September 20, 2007 - BCC/Budget Hearings
C. September 25, 2007 - BCC/Regular Meeting.
D. October 1, 2007 - Value Adjustment Board Minutes
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. 25 Year Attendees
1. Jane McDonald, Veterans Services
2. Keith Magero, Water
B. 35 Year Attendees
1. Bonnie Fauls, Housing and Human Services
4. PROCLAMATIONS
A. Proclamation designating October 26, 2007 as The Day of the Red Walk in Collier County. To be
accepted by Ms. Nina Ribinski, Safe and Drug Free Schools Coordinator, Collier County
Schools.
B. Proclamation designating October 23 - 31, 2007 as Red Ribbon Week in Collier County. To be
accepted by Undersheriff Kevin Rambosk, Collier County Sheriff's Office and Judge Lauren
Brodie, 20th Judicial Circuit Court, Collier County.
C. Proclamation for United Way of Collier County Agency to be accepted by Ernie Bretzmann,
Executive Director of the United Way, Rose Branda and Craig Bamberg.
5. PRESENTATIONS
A. Sustainable Florida Promising Practice Award to be presented to the Board of County
Commissioners by Steve Preston, Project Manager, Stormwater.
B. Presentation for the Design/Build of Immokalee Road (1-75 to CR 951), converting a 4 lane road
to 6 lanes.
C. Recommendation to recognize Fred Sexton, Field Engineering Inspector, Public Utilities
Engineering Department, as Employee of the Month for October 2007.
6. PUBLIC PETITIONS
A. Public petition request by Kenneth Thompson to address lack of communication between Code
Enforcement and the public.
B. Public petition request by Jennifer Rogers to discuss the Marine Resource Conservation
Partnership (MRCP).
C. Public petition request by Steve Olivera to discuss purchase agreement of property located
along the Vanderbilt Beach Road Extension Corridor.
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Item 7 and 8 to be heard no sooner than 1 :00 p.rn.. unless otherwise noted.
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
A. This item to be heard at 1 :00 p.m. This item continued from the October 9, 2007 meeting.
Petition: CU-2005-AR-8748, Ashraf Fawzy, represented by Wayne Arnold, AICP, of Q. Grady
Minor & Associates, P.A., requesting approval of a Conditional Use in the Rural Agricultural (A)
zoning district to excavate in excess of 4,000 cubic yards of earth for an aquaculture facility in
the Agricultural (A) zoning district, per Section 2.04.03 Table 2 of the Land Development Code
(LDC). The subject property, consisting of approximately 15.08 acres, is located at 2060 Tobias
Street, in Section 22, Township 49 South, Range 27 East, Collier County, Florida.
B. This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. HD-2007-AR-11828 The Collier County Historical and Archaeological
Preservation Board, requests a Historical Designation for the Dr. Nehrling tropical garden
located on Collier County property and leased by the Naples Zoo. The subject property current
zoning of the parcel is C-3 and "A" Rural Agricultural, consist of 13.35 acre and is located at
1590 Goodlette Road North, Section 27, Township 49 South, Range 25 East, Collier County,
Florida
C. This item to be continued to the November 13,2007 BCC meeting due to meeting the
advertising deadline. Recommendation that the Board of County Commissioners adopt an
Ordiance repealing Ordinance No. 2004-58 relating to Establishing A Property Maintenance
Code For The Unincorporated Area Of Collier County, Florida; Providing A Title; Providing For
Purpose And Scope; Providing For General Provisions; Providing Definitions; Providing For
Rules Of Construction; Providing For Compliance With Housing Standards; Providing For
Rental Registration Requirements And Procedures; Designating The Housing Official Powers
And Duties; Providing For Inspection Of Structures And Premises; Providing For Notice Of
Violation Procedures; Providing A Method For Designating Hazardous Buildings; Providing For
Standards For The Repair Or Demolition Of Hazardous Buildings By The County; Providing For
The Assessment Of Costs Of Repair Or Demolition To Be Assessed To The Owner When
Abatement Executed By The County; Providing For The Vacation Of Hazardous Buildings;
Providing The Responsibility For Property Maintenance; Providing The Responsibilities Of
Owners Of Nonresidential Structures, Vacant Buildings, Vacant Structures, And Vacant Or
Unimproved Lots; Requiring A Certificate For A Boarded Building; Providing For Nuisances;
Providing Standards For Securing Building; Providing For Exceptions To Boarding
Requirements; Providing For Costs Incurred By The County And Assessment Of A Lien;
Providing For A Notice Of Hearing For Revocation Of Boarding Renewal Certificate; Providing
For Penalties; Providing For Liberal Construction; Providing For Inclusion In The Code Of Laws
And Ordinances; Providing For Conflict And Severability; And Effective Date.
D. Approve an Ordinance amending the provisions of the Collier County Code of Laws and
Ordinances, Chapter 98, Parks and Recreation, also known as Ordinance No. 76-48, as
amended, pertaining to park use; providing for additional definitions in Article III, Section 98-
57; and adding an exception to Section 98-58, Prohibited Acts. (Fiscal Impact: None)
(Companion to Item 10N.)
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9. BOARD OF COUNTY COMMISSIONERS
A. Recommendation to award contract 07-4170 for County Attorney Recruitment Services to
Waters Consulting Group, Inc. for $28,000.
B. Appointment of members to the Rural Lands Stewardship Area Review Committee.
C. Appointment of member to the Collier County Citizens Corps.
D. Appointment of member to the Affordable Housing Commission.
E. Appointment of members to the Emergency Medical Services Advisory Council.
F. Appointment of member to the HistoricallArchaeological Preservation Board.
10. COUNTY MANAGER'S REPORT
A. Recommendation to approve and adopt the Collier County Water-Sewer Districts Irrigation
Quality (IQ) Water Policy and on the basis ofthat policy to authorize staff to develop an IQ
Water Master Plan and perform an IQ Water Rate Study. (Beth Johnssen, Wastewater Irrigation
Quality Manager.)
B. Recommendation to approve for discussion at the upcoming joint Board of County
Commissioners and Collier County Legislative Delegation Pre 2008 Legislative Session
Workshop the attached list of proposed issues. (Debbie Wight, Assistant to the County
Manager.)
C. A report to the Board of County Commissioners concerning a possible change in the Countys
Ordinance to reflect an amendment to Florida Statutes regarding the use of All Terrain Vehicles
(A TVs) on certain unpaved roads in the County. (Bob Tipton, Traffic Operations Manager.)
D. Recommendation to adopt a resolution authorizing the acquisition by gift or purchase of right-
of-way and related easements necessary for the construction of roadway, drainage and utility
improvements required for the expansion of Golden Gate Boulevard from west of Wilson
boulevard to east of Everglades Boulevard (Phase One project limits), and authorizing the
acquisition of lands necessary for the construction of stormwater retention and treatment
ponds for both Phases One and Two (from west of Wilson Boulevard to east of Desoto
Boulevard.) Project No. 60040. Estimated fiscal impact: $18,411,297.00. (Norman Feder,
Transportation Services Administrator.)
E. Recommendation to approve Contract Amendment No.7, Exhibit E, for a Guaranteed Maximum
Price (GMP) of $7,012,302 under Contract No. 04-3576, Construction Manager at Risk Services
for the Courthouse Annex and Parking Garage, with Kraft Construction Company, Inc. for the
interior finishing (Build-Out) of the Courthouse Annex floors 4 through 7, project number
52533. (Hank Jones, Sr. Project Manager.)
F. Recommendation to adopt a superseding resolution authorizing the condemnation of fee
simple interests andlor those perpetual or temporary easement interests necessary for the
construction of roadway, drainage and utility improvements required for the extension of Santa
Barbara Boulevard from Davis Boulevard to Rattlesnake Hammock Road. (Capital Improvement
Element No. 32, Project No. 60091). Estimated fiscal impact: $3,750,000.00. (Jay Ahmad,
Director, Transportation ECM.)
G. Recommendation to accept Fiscal Year 2007 Grant Report providing an annual update of grant
activity. (Marlene Foord, Grants Coordinator.)
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H. This item to be heard at 10:00 a.m. Recommendation to: (a) award the contract for RFP #07-4138
(Reclamation of Collier County Landfill Cells 1 and 2) to Waste Management Inc. of Florida
(WMIF) for a contract amount of $7,597,900.82; Base proposal of $5,910,460.82 and allowances
of $1,687,440.; (b) approve a necessary budget amendment for the project in the amount of
$6,232,067.06 from the Capital Improvement Fund and Reserves for Closure Fund; and (c)
authorize the Chairman to execute the contract with WMIF. (Dan Rodriguez, Solid Waste
Director.)
I. Recommendation to award Contract 07-4183 - Gateway Triangle Stormwater Improvements
Project Phase 1 Construction to D.N. Higgins, Inc. in the amount of $1,048,565.50. (Stormwater
Management Department Project #51803) (Gene Calvert, Director, Stormwater Management.)
J. Obtain direction from the Board of County Commissioners as to the viability of using TDC
funds to engineer, permit and install additional erosion control structures on Hideaway Beach.
(Companion Item to 10K) (Gary McAlpin, Coastal Zone Management Director.)
K. Authorize the expenditure of $25,000 to perform preliminary engineering and permit
investigation to determine; the number and extent of additional erosion control structures on
Hideaway Beach; specific permitting requirements; related schedule implications and; projects
cost.(Companion item to 10J)
L. A Resolution superseding Resolution 2003-195 and establishing the Collier County Board of
County Commissioners' Purchasing Policy for the acquisiton of lands by the Conservation
Collier Land Acquisition Program. (Alex Sulecki, Senior Environmental Specialist.)
M. To Amend Collier County Community Development & Environmental Services Fee Schedule
pertaining to Rental Registration pending approval of the Rental Registration Ordinance.
(Joseph K. Schmitt, Administrator, Community Development & Environmental Services
Division)
N. Recommendation to approve lease agreement with LeHill Partners LLC (dba Naples Grande) to
provide food, beverage, beach equipment rentals, and water recreational rentals at Clam Pass
Beach Park and approve all necessary budget amendments. (Companion to Item 8D.)(Marla
Ramsey, Public Services Administrator.)
O. This item to be heard at 10:30 a.m. To initiate a discussion with the Board of County
Commissioners to review the history and chain of events resulting from a platting omission for
the Olde Cypress Units Two and Three plats, in the Olde Cypress Planned Unit Development
(PUD) and to discuss the potential means to resolve the resulting encroachments into the
setback requirement for preserve areas for 18 existing single family residential structures in
Units Two and Three. (Susan Istenes, AICP,Director, Zoning & Land Development Review)
P. Recommendation to approve the FY 08 contract between Collier County and the State of
Florida Department of Health for operation of the Collier County Health Department in the
amount of $1,481,000.
Q. Recommendation that Collier County Board of County Commissioners authorize the
preparation of an ordinance amending Section Six of Ordinance no. 2004-62 by providing for a
two-year extension of the term of the Immokalee Master Plan and Visioning Committee from
December 31, 2007 to December 31, 2009. (Thomas Greenwood, Principal Planner,
Comprehensive Planning.)
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
A. Discussion and direction regarding Collier County Public Records Policy.
13. OTHER CONSTITUTIONAL OFFICERS
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14. AIRPORT AUTHORITY ANDIOR COMMUNITY REDEVELOPMENT AGENCY
A. This item to be heard on or after 3:00 p.m. Recommendation that the Community
Redevelopment Agency approve and execute the Immokalee Redevelopment Area Executive
Director Employment Agreement between the Community Redevelopment Agency (CRA) and
Penny Phillippi. (Thomas Greenwood, Principal Planner, Comprehensive Planning.)
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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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.
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A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1. Recommendation to approve the Release and Satisfactions of Lien for payments received for
the following Code Enforcement actions.
2. Recommendation to approve final acceptance of the water and sewer utility facilities for
Reflection Lakes, Phase 1 A
3. Recommendation to approve final acceptance of the water and sewer utility facilities for Lely
High SchoollLely Resort 7 & 8.
4. To accept final and unconditional conveyance of the water utility facility for Tollgate Business
Park II.
5. To accept final and unconditional conveyance of the water utility facility for Tollgate Business
Park III.
6. Recommendation to approve final acceptance of the water and sewer utility facilities for The
Majors, Phase II.
7. Recommendation to approve final acceptance of the water and sewer utility facility for The
Majors, Phase III
8. Recommendation to approve final acceptance of the water and sewer utility facilities for
Mustang Island
9. Recommendation to authorize staff use of a Developers Version of the Fiscal Impact Analysis
Model (FlAM) as a supplemental planning tool for internal use only to review proposed
Developments of Regional Impact (DRls), projects within the Rural Land Stewardship Area
(RLSA), projects within the Rural Land Mixed Use Overlay, and other major developments in
order to assess projected revenue and expenditure impacts upon Collier County services.
10. Recommendation to approve a Budget Amendment to transfer funds from Fund (131) Reserves
to Community Development Admin Fund (131) totaling $147,972 for the update and rewrite of
portions of the Collier County Land Development Code.
11. Approve a budget amendment to provide funding for the Countys CRS Program activities by
utilizing available Fund 111 reserves. ($51,400)
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B. TRANSPORTATION SERVICES
1. Recommendation for the Board of County Commissioners to approve a budget amendment to
transfer project funds in the amount of $395,493.67 to the Golden Gate Parkway Grade
Separated Overpass Landscape Installation (Fund 112, Project #600067).
2. Recommendation to approve submittal of a Total Maximum Daily Load (TMDL) Water Quality
Restoration Grant proposal to the Florida Department of Environmental Protection for Freedom
Park (f.k.a. Gordon River Water Quality Park) in the amount of $1,000,000.00 and approve that
the project manager will electronically submit the grant application.
3. Recommendation to approve the Roadway Maintenance Agreement with LodgelAbbott
Associates LLC for the golf cart overpass on Vanderbilt Drive.
4. This item continued from the September 25, 2007 BCC Meeting. Recommendation to approve a
Developers Contribution Agreement with MAC Builders, Inc. (Developer) and Collier County
(County) to design, permit and construct the intersection improvements on US41 and Barefoot
Williams Road (Project).
5. Recommendation to approve a declaration setting aside county-owned lands for a public
access easement. (Fiscal impact: $10.00)
6. Recommendation to award Bid No. 08-5001, Queens Park Neighborhood Fencing Installation to
Commercial Fence Contractors, Inc. in the amount of $60,073.52; Project 511012
7. Recommendation to award Bid #07-4185 "US 41 (Tamiami Trail) East(Rattlesnake-Hammock to
Collier Blvd.) Annual Maintenance" to Vila & Son Landscaping in the amount of $339,542.80.
C. PUBLIC UTILITIES
1. Recommendation to approve the Satisfaction for a certain Water andlor Sewer Impact Fee
Payment Agreement. Fiscal impact is $18.50 to record the Satisfaction of Lien.
2. Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste
residential accounts wherein the County has received payment and said Liens are satisfied in
full for the 1991, 1992, 1993, 1994, 1995, and 1996 Solid Waste Collection and Disposal Services
Special Assessment. Fiscal impact is $108.50 to record the Satisfactions of Lien.
3. Recommendation to approve an Interlocal Agreement for reconstruction of the existing
interconnect between the Collier County Water-Sewer District and Bonita Springs Utilities, Inc
to provide for reverse potable water flows at Bonita Springs Utilities expense, to provide for the
design and construction of a second interconnect, at a location to be determined, at the
expense of the Collier County Water-Sewer District, and to establish rates for usage of potable
water.($300,000)
D. PUBLIC SERVICES
1. Recommendation that the Board of County Commissioners approves, and authorizes its
Chairman to sign, a Subrecipient Agreement providing a Community Development Block Grant
in the amount of $116,079.00 to the City of Naples to fund improvements to the George
Washington Carver and River Park communities and the Fun Time Early Childhood Academy.
2. Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Rosa Mendez Olivero (Owner) for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing unit located at Lot 122,
Trail Ridge.
3. Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Elixer Dossous and Veolene Dossous (Owners) for
deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit
located at Lot 203, Trail Ridge Naples.
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4. Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Marise Vilsaint (Owner) for deferral of 100% of Collier
County impact fees for an owner-occupied affordable housing unit located at Lot 2, Liberty
Landing.
5. Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Sheila Destine (Owner) for deferral of 100% of Collier
County impact fees for an owner-occupied affordable housing unit located at Lot 3, Liberty
Landing.
6. Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Zoublette Bien Aime (Owner) for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing unit located at Lot 27,
Block 6, Naples Manor Lakes.
7. Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Amancio Rubio and Ana Rubio (Owners) for deferral of
100% of Collier County impact fees for an owner~occupied affordable housing unit located at
Lot 28, Block 6, Naples Manor Lakes.
8. Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Raul Frias Almanza and Rosa Perez Frias (Owners) for
deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit
located at Lot 154, Independence Phase II.
9. Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Ertha Fabien (Owner) for deferral of 100% of Collier
County impact fees for an owner-occupied affordable housing unit located at Lot 9, Liberty
Landing.
10. Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Elias Bustamante Vera and Maria Bustamante
(Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable
housing unit located at Lot 1, Liberty Landing.
11. Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Evelyne Belance (Owner) for deferral of 100% of Collier
County impact fees for an owner-occupied affordable housing unit located at Lot 120, Trail
Ridge, Naples.
12. Recommendation to approve the submittal of an Aquatic Habitat Restoration Project Proposal
grant application for water quality, seagrass monitoring and implement an educational program
for Clam Bay in the amount of $55,000 to the Southeast Aquatic Resources Partnership.
13. Recommendation thatthe Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Jean Claude Exceus and Antida Exceus (Owners) for
deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit
located at Lot 6, Liberty Landing, Immokalee.
14. Recommendation to authorize the Chairman to sign the agreement between Collier County
Board of County Commissioners and the Area Agency on Aging of Southwest Florida, Inc. and
approve a budget amendment to reflect the transfer of funds from Title III-C1 to Title III-B in the
amount of $35,000 in the 2007 Older Americans Act grant program.
15. Recommendation to approve budget amendments totaling $6,746.08 to recognize additional
revenue received in the Services for Seniors program from the Area Agency on Aging for the
State of Florida General Revenue programs.
16. Recommendation to approve a budget amendment in the amount of $21,510.94 to recognize
revenue received from the collection of co-payments and anticipated revenue from the Collier
County Services for Seniors program.
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17. Recommendation to approve the after-the-fact submittal of a 2005 Round Two Disaster
Recovery Initiative (DRI) grant to the Department of Community Affairs (DCA) to fund disaster
relief and the restoration of housing and infrastructure related to the effects of the 2005
hurricane season.
18. To present to the Board of County Commissioners a summary of the Impact Fee Deferral
Agreements recommended for approval in FY08, including the total number of Agreements
approved, the total dollar amount deferred and the balance remaining for additional deferrals in
FY08.
19. Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Marco Bay Homes, LLC (BUILDER) and James
Obrochta (DEVELOPER) for deferral of 100% of Collier County impact fees for an owner-
occupied affordable housing unit located at East 75 of the West 180 of Tract 115, Unit 79,
Golden Gate Estates.
20. Recommendation to award Contract(s) #07-4153 Professional Engineering for Coastal Zone
Management Projects to the following firms: Coastal Engineering Consultants, Inc.; Johnson
Engineering, Inc.; Corzo Castella Carballo Thompson Salman, P.A. (C3TS); Q. Grady Minor and
Associates, P.A.; Post Buckley, Schuh & Jernigan, Inc, (PBS&J)
21. Recommendation to reject all bids received under Bid 07-4162, Veterinary Medicines and Drugs
and Expendable Supplies and Equipment for Domestic Animal Services Department.
22. Recommendation that the Board of County Commissioners accept a donation of $1,500.00 for
Marine Science Program development from the State of Florida Department of Environmental
Protection-MFMP as part of sponsorship of the Marine Resource Conservation Partnership of
Collier County into the Collier County University Extension Trust fund.
23. Recommendation that the Board of County Commissioners approves, and authorizes its
Chairman to sign, a Subrecipient Agreement providing a Community Development Block Grant
in the amount of $250,000 to Fun Time Early Childhood Academy, Inc., for site development in
preparation for construction of a new Fun Time Early Childhood Academy within the George
Washington Carver and River Park communities in the City of Naples.
24. Recommendation that the Board of County Commissioners approves, and authorizes its
Chairman to sign, a Subrecipient Agreement providing Disaster Recovery Initiative (DRI)
funding in the amount of $124,923.00 to the Collier County Housing Development Corporation
for purchase and installation of two back-up generators for the sewer lift station and the water
treatment plant in Copeland.
25. Recommendation that the Board of County Commissioners approves, and authorizes its
Chairman to sign, a Subrecipient Agreement providing Disaster Recovery Initiative(DRI)
funding in the amount of $293,934.00 to St. Matthews House, Inc. for hurricane hardening of its
shelter.
26. Recommendation that the Board of County Commissioners approves, and authorizes its
Chairman to sign, a Subrecipient Agreement providing a Community Development Block Grant
in the amount of $1,000,000 to Habitat for Humanity of Collier County, Inc., for installation of
infrastructure to support 204 home sites for Kaicasa Phase I in Immokalee.
27. Recommendation that the Board of County Commissioners approves, and authorizes its
Chairman to sign, a Subrecipient Agreement providing Disaster Recovery Initiative (DRI)
funding in the amount of $374,545.00 to The Empowerment Alliance of Southwest Florida, Inc.,
for infrastructure to support construction of 15 single-family homes in Immokalee, to be known
as Hatchers Preserve, intended for low income, first time homebuyers and families displaced
by Hurricane Wilma.
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28. Recommendation that the Board of County Commissioners approves, and authorizes its
Chairman to sign, a Subrecipient Agreement providing Disaster Recovery Initiative(DRI)
funding in the amount of $415,000.00 to One by One Leadership Foundation for infill in order to
support the construction of housing units.
29. Recommendation that the Board of County Commissioners approves, and authorizes its
Chairman to sign, a Home Investment Partnership Program (HOME) Subrecipient Agreement
with Big Cypress Housing Corporation providing for a grant in the total amount of $250,000.00
for the construction andlor installation of fire sprinklers for a 55-unit, multi-family rental
housing complex (The Reserve at Eden Gardens) for legal migrant and seasonal farm workers
in Immokalee.
30. Recommendation that the Board of County Commissioners approves, and authorizes its
Chairman to sign, a Subrecipient Agreement providing for a $442,000 State Housing Initiative
Program (SHIP) loan to Eden Gardens Apartments, Limited Partnership, A Florida Limited
Partnership to assist in funding the construction of a 55 unit, multi-family rental housing
complex for legal migrant and seasonal farmworkers in Immokalee.
E. ADMINISTRATIVE SERVICES
1. Recommendation to approve an Agreement for Sale and Purchase with Richard F. Berman as
Trustee under an unrecorded Trust Agreement and known as the Richard F. Berman Revocable
Trust of 1998 dated July 27,1998 for 1.14 acres under the Conservation Collier Land
Acquisition Program, at a cost not to exceed $33,170.
2. Recommendation to approve an Agreement for Sale and Purchase with William C. Armes for
1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed
$27,820.
3. Recommendation to approve an Agreement for Sale and Purchase with Alfredo Medina for 1.14
acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed
$27,820.
4. Recommendation that the Board of County Commissioners award Bid 07-4188 Long Distance
Services to TQC Communications at an estimated annual cost of $51 ,000.
5. Recommendation to approve an Agreement for Sale and Purchase with Wanda E. Rickard as
Trustee of the Wanda E. Rickard Trust dated 4/12/90 for 1.14 acres under the Conservation
Collier Land Acquisition Program, at a cost not to exceed $27,820.
6. Recommendation to approve an Agreement for Sale and Purchase with Peggy S. Cisko, and
John Cisko, who is the Personal Representative of the Estate of Frederick Anthony Cisko,
deceased, for 1.59 acres under the Conservation Collier Land Acquisition Program, at a cost
not to exceed $38,170.
7. Recommendation to award Bid #07-4194 for the purchase of Paint & Related Items to Sunshine
Ace Hardware, Inc. and Scott Paint Company.
8. Recommendation to award Bid #07-4140 File Retrieval' Retention Service to Robert Flinn
Records Center.
9. Recommendation to adoptthe budget amendment appropriating $581,660,415.18 carry forward
and expenditure budgets for open purchase orders for non-project funds and for unexpended
budget for project funds at the end of Fiscal Year 2007.
10. Recommendation to approve a budget amendment in the amount of $250,000 to transfer funds
from the Design Study for Inland Data Center Capital Project 500521 to the Data Center
Expansion Capital Project 500511.
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11. Recommendation that the Board of County Commissioners approves an inter-local agreement
with the City of Naples for mutual sales and purchases of motor fuels between the City and
County, and authorizes the Chairman to execute the same.
12. Recommendation to authorize and consent to the re-assignment of Contract No. 06-3983,
"Third Party Administrator for Group Insurance Benefits".
F. COUNTY MANAGER
1. Recommendation to adopt a resolution approving amendments (appropriating grants,
donations, contributions or insurance proceeds) to the Fiscal Year 2006-07 Adopted Budget.
2. Recommendation to adopt a resolution approving a Disaster Worksite Agreement providing
Federal funds under a National Emergency Grant to cover the pre-screening costs, wages and
required safety equipment for temporary workers due to the effects of a disaster such as a
hurricane.
3. Approve budget amendments.
4. Recommendation that the Board of County Commissioners Approve and Ratify the Collective
Bargaining Agreement with the Professional Firefighters of the Everglades International
Association of Firefighters, Local 3670 . The Agreement is available for public viewing at the
Collier County Managers Office or the Bureau of Emergency Services Office, 3301 East
Tamiami Trail, W. Harmon Turner Bldg ", Naples, FL
5. Recommendation to approve a budget amendment and payment of an invoice from Criminal
Justice Information Services (CJIS) in the amount of $342,093, which is the Collier County
portion of the cost sharing project for the Twentieth Judicial Circuit for FY06/07
G. AIRPORT AUTHORITY ANDIOR COMMUNITY REDEVELOPMENT AGENCY
1. Recommendation for the Community Redevelopment Agency to Adopt a Resolution amending
CRA Resolution 2001-98 as it relates to the Bylaws of the BayshorelGateway Triangle
Redevelopment Advisory Board.
2. Recommendation for the Community Redevelopment Agency (CRA) to approve demolition of
CRA-owned residential property (mobile homes); approve a Request for Proposals (RFP) scope
of work to build single-family homes on CRA owned land; approve the Executive Director to
advertise the RFP through the Purchasing Department and return with recommendations
3. Recommendation for the Collier County CRA to approve a CRA Resolution amending the
Bayshore Gateway Triangle Site Improvement Grant Program to modify the matching fund
requirement for recipients and declare the grant program as serving a valid public purpose.
4. Recommendation to Ratify Collier County Airport Authority Resolution No. 07-33, Adopted on
October 8,2007, Approving an 8.0 percent ($8,363.79) Merit increase for Fiscal Year 2007-2008
for the Authoritys Executive Director, Theresa M. Cook.
H. BOARD OF COUNTY COMMISSIONERS
1. Commissioner Coletta requests Board approval for reimbursement regarding attendance at a
function serving a valid public purpose. Attended the Southwest Florida Federated Republican
Women's Luncheon on October 8, 2007 at Arbor Trace. $15.00 to be paid from Commissioner
Coletta's travel budget.
11 of 13
2. Commissioner Coletta requests Board approval for reimbursement regarding attendance at a
function serving a valid public purpose. Attending the Everglades Coalition Annual Conference
on January 10-13, 2008 at South Seas Island Resort. $598.77 to be paid for accommodations
from Commissioner Coletta's travel budget.
3. Commissioner Coletta requests Board approval for reimbursement regarding attendance at a
function serving a valid public purpose. Attending the Immokalee Chamber of Commerce
Banquet - Chamber Silent Auction & Steak Dinner on October 27,2007 at the PACE Center for
Girls. $100.00 to be paid from Commissioner Coletta's travel budget.
4. Commissioner Coletta requests Board approval for reimbursement regarding attendance at a
function serving a valid public purpose. Attending luncheon honoring former Sheriff Aubrey
Rogers on October 26, 2007 at the Naples Elks Lodge. $20.00 to be paid from Commissioner
Coletta's travel budget.
5. Commissioner Coletta requests Board approval for reimbursement regarding attendance at a
function serving a valid public purpose. Attending the Blue Chip Recognition Breakfast on
November 8,2007 at the Hilton Naples and Towers. $10.00 to be paid from Commissioner
Coletta's travel budget.
I. MISCELLANEOUS CORRESPONDENCE
1. Miscellaneous items to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
K. COUNTY ATTORNEY
1. Recommendation to approve a Mediated Settlement Agreement and Stipulated Final Judgment
to be drafted incorporating the same terms and conditions as the Mediated Settlement
Agreement in the amount of $119,500 for the acquisition of Parcel 134 in the lawsuit styled
Collier County v. First National Bank of Naples, Inc., et aI., Case No. 04-3587 -CA (Immokalee
Road Project No. 66042). Fiscal Impact: $73,033 (Companion to Item 17A, Wendys Variance
Petition VA-2007-AR-11577)
2. Recommendation to approve the Stipulated Order of Taking and Final Judgment for Parcel
181 RDUE in the lawsuit styled Collier County v. Armando Yzaguirre, etal., Case No. 07-2746-CA
(Oil Well Road Project No. 60044). (Fiscal Impact $234,635)
3. Recommendation that the Board of County Commissioners approves, and authorizes its
Chairman to sign, a Tri-Party Developer Contribution Agreement which will implement
Resolution 05-235 (Development Order 05-01) by providing for the Developers (Ave Maria
Development, LLLP) dedication of 46 acres within Ave Maria for Collier County public school
sites in exchange for credits against educational impact fees.
4. Recommendation to approve the Stipulated Order of Taking and Final Judgment for Parcel
177RDUE in the lawsuit styled Collier County v. Jorge A. Romero, etal., Case No. 07-2681-CA
(Oil Well Road Project No. 60044). (Fiscal Impact $240,630.65)
5. Recommendation to authorize an Offer of Judgment for Parcels 838A and 838B by Collier
County to property owner, Nancy L. Johnson Perry, and reject the Offer of Judgment/Proposal
for Settlement by Nancy L. Johnson Perry to the County in the lawsuit styled CC v. Nancy L.
Johnson Perry, Individually and as Successor Trustee, et aI., Case No. 03-2373-CA (Golden
Gate Parkway Project No. 60027)(Fiscallmpact: If accepted, $2,000)
6. Approve and have Chairman sign a Consent to Assignment Agreement for solid waste,
recyclable materials, and yard trash collection services in Solid Waste District II with Choice
Environmental Services of Collier, Inc.
12 of 13
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. VA-2007-AR-11577 (WB) B F Ft. Myers, Inc., represented by Robert J. Mulhere, AICP, RWA, Inc.
and working in conjunction with the Collier County Attorney's office, requests a variance for an
outparcel (presently improved with a Wendy's Restaurant), in order to reduce severance
damages resulting from the "taking" of a +1-15.0 foot road easement for the expansion of
Immokalee Road. The variance will allow for parking within 11 feet of the property line along
Immokalee Road frontage. The site does comply with the PUD requirement for a 15 foot
building setback for this front yard. In addition, a variance of 9 feet is requested from the
required 20 foot wide landscape buffer width per LDC section 4.06.02C.4, to allow for an 11 foot
wide landscape buffer. The subject property is located at 10941 Airport Road North, which is at
the northwest corner of Immokalee Road and Airport Road, within the Green Tree PUD
(Ordinance 81-58), Green Tree Center Tract "C", Section 26, Township 48 South, Range 25 East,
Collier County, Florida. (Companion to Item 16K1)
B. PUDZ-2005-AR-7883, Habitat for Humanity of Collier County, Inc., represented by Dwight
Nadeau, of RWA, Inc., is requesting a rezone to the Habitat-Woodcrest RPUD on 11.2 acres of
land from the Agricultural (A) Zoning District, to allow for a maximum 66 residential units. The
subject property is located on the west side of Wood crest Drive, south of Immokalee, just north
of Acremaker Road, in Section 26, Township 48 South, Range 26 East, Collier County, Florida.
C. Recommendation that the Board of County Commissioners authorize the Human Resources
Department to amend the Collier County Fingerprinting Ordinance No. 04-52 to require
fingerprinting for all Collier County employees and certain County contract employees as
defined by 125.5801, Florida Statutes.
D. An ordinance amending ordinance No. 2002-63, which established the Conservation Collier
Program, by revising section six: Creation of the conservation Collier Acquisition Fund;
Section eight: Land Acquisition Advisory Committee; Section ten: Criteria for evaluating Lands
for Acquisition and Management; Section eleven: Acquisition List: Section twelve: Nomination
of acquisition Proposals and Candidate Sites; Section thirteen: Procedures for Selection of
Acquisition Proposals for Placement of the Active Acquisition List and Subsequent Purchase
Procedures;Section fourteen: Management Plans and Use of Environmentally Sensitive Lands;
Section fifteen: Responsibilities of the County Manager; Providing for Conflict and Severability;
Providing for inclusion in Code of laws and Ordinances; and Providing for an effective date.
E. Recommendation to adopt a resolution approving amendments (appropriating carry forward,
transfers and supplemental revenue) to the Fiscal Year 2006-07 Adopted Budget.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY
MANAGER'S OFFICE AT 774-8383.
13 of 13
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
October 23, 2007
Item 2D should read: October 1,2007 - Value Adjustment Board - Special Magistrate Good
Cause Hearings. (Staffs request.)
Item 3 Service Awards: Jane McDonald, Veterans Services and Keith Magero, Water Department
will be receiving their 20-year service award (rather than 25). Bonnie Fauls, Housing and Human
Services will be receiving her 30-year award (rather than 35-year). (Staff's request.)
Item 101: To be presented by Jerry Kurtz, Principal Project Manager, Stormwater, and Shane Cox,
Senior Project Manager, Stormwater. (Staff's request.)
Item 10J continued indefinitelv: Obtain direction from the Board of County Commissioners as to
the viability of using TDC funds to engineer, permit and install additional erosion control
structures on Hideaway Beach. (Commissioner Fiala's request.)
Item 10K continued indefinitelv: Authorize the expenditure of $25,000 to perform preliminary
engineering and permit investigation to determine the number and extent of additional erosion
control structures on Hideaway Beach; specific permitting requirements; related schedule
implications, and projects cost. (Commissioner Fiala's request.)
Items 8A.17A and 17B: These items should have included the following: "This item requires that
all participants be sworn in and ex parte disclosure be provided by Commission members."
(Staff's request.)
Move Item 16A9 to 10R: Recommendation to authorize staff use of a Developers Version of the
Fiscal Impact Analysis Model (FlAM) as a supplemental planning tool for internal use only to
review proposed Developments of Regional Impact (DRls), projects within the Rural land
Stewardship Area (RlSA), projects within the Rural land Mixed Use Overlay, and other major
developments in order to assess projected revenue and expenditure impacts upon Collier County
services. (Commissioner Henning's request.)
Item 16B5: The "Declaration" attachment title should have read, "This Declaration is made this
day of , 2007 (rather than 2006), and should have had a signature block for
Chairman Jim Coletta, rather than Frank Halas. A corrected copy has been made available for
review and execution. (Staff's request.)
The followinq items dealinq with Housinq and Human Services are continued to the November 13.
2007 BCC meetinq: 16D1, 16D23, 16D24, 16D25, 16D26, 16D27, 16D28, 16D29, 16D30. (Staff's
request.)
Item 16G1: Page 13, Section 4, (a) should read: "Bayshore resident" (rather than "residents").
(b) should read: "Gateway Triangle resident" (rather than "residents"). (Commissioner Fiala's
request.)
Item 17B: Page 2, paragraph 2 of the final version has "low and very low units" in parenthesis
after the words" . . . 66 affordable Units. . ." in line 2. The Novus version has no such
clarification. Page 3, paragraph 3 of the final version has "low and very low income" in
parenthesis after" . . . level of income. . ." in line 4. The Novus version has "moderate income"
in parenthesis here. Corrected copies of the correct version have been distributed. (Staff's
request.)
Item 17D: To correct a typographical error in the ordinance: Section 13, paragraph 11 should
read" . . . Real Estate Services staff shall proceed to close on the. . . ". (Commissioner Coyle's
request.)
Time Certain Items:
Item 8A to be heard at 1 :00 p.m. This item continued from the October 9, 2007 BCC meeting. This
item requires that all participants be sworn in and ex parte disclosure be provided by
Commissioners. Petition: CU-2005-AR-8748, Ashraf Fawzy, represented by Wayne Arnold, AICP,
of Q. Grady Minor & Associates, P.A., requesting approval of a Conditional Use in the Rural
Agricultural (A) zoning district to excavate in excess of 4,000 cubic yards of earth for an
aquaculture facility in the Agricultural (A) zoning district, per Section 2.04.03 Table 2 of the land
Development Code (lDC). The subject property consisting of approximately 15.08 acres is
located at 2060 Tobias Street, Section 22, Township 49 South, Range 27 East, Collier County,
Florida.
Item 10H to be heard at 10:00 a.m. Recommendation to: (a) award the contract for RFP #07-4138
(Reclamation of Collier County landfill Cells 1 and 2) to Waste Management, Inc. of Florida
(WMIF) for contract amount of $7,597,900.82; Base proposal of $5,910.460.82 and allowances of
$1,687,440; (b) approve a necessary budget amendment for the project in the amount of
$6,232,067.06 from the Capital Improvement Fund and Reserves for Closure Fund; and (c)
authorize the Chairman to execute the contract with WMIF.
Item 100 to be heard at 10:30 a.m. To initiate a discussion with the Board of County
Commissioners to review the history and chain of events resulting from a platting omission for
the Olde Cypress Units Two and Three plats, in the Olde Cypress Planned Unit Development
(PUD) and to discuss the potential means to resolve the resulting encroachments into the setback
requirement for preserve areas for 18 existing single family residential structures in Units Two
and Three.
Item 14A to be heard on or after 3:00 p.m. Recommendation that the Community Redevelopment
Agency approve and execute the Immokalee Redevelopment Area Executive Director
Employment Agreement between the Community Redevelopment Agency (CRA) and Penny
Phillippi.
, ....."..."""""r".
PROCLAMA TION
Agenda Item No. 4A
October 23, 2007
Page 1 of 2
WHEREAS, the Red Walk is an established provider of one-to-one youth involvement
addressing the importance of drug awareness for the past seven years:
and,
WHEREAS, the Red Walk provides adult mentors to thousands of children in Collier
Countys public and private schools: and,
WHEREAS, the Red Walk was developed as part of the Red Ribbon Activities
established by the Substance Abuse Coalition of Collier County, as well
as the Collier County Public School System, in association with the
National Drug Awareness Campaign presented between October 23-31,
2007: and,
WHEREAS, national research has shown that the positive messages supported by
drug-free activities help form strong bonds between youth and their
communities leading to.? direct, measu,:able, and lasting impact on
chi'ldrens lives, and that thesechlklre,!,!re ~ore likely to improve their
grades and the{':relationshipswitil famili~Q;'d f!e,.s, while being less
likely to skip sc~ool, use i'lIegal drugs or alcoh~I,Dr ~come involved in
criminal activIty: an"'- "
~
WHEREAS, locally, the Red Walk has been bringing caring adulfS>alu:t community
organizations into the lives of chi'ldren for eight yearSafld is the only
drug awareness walking program in Southwest Florida: an"'-
WHEREAS, supporting the Red Walks message of total community involvement in
using the Arts as a positive outlet for a healthy and drug-free lifestyle
in Floridas ""-going effort to recruit and match caring adult mentors
with children in our community is an investment that WIll pay immediate
dividends as well as dividends in the future: an"'-
WHEREAS, on Friday, October 2~, 2007. The Red Walk will host its annual trek on
the campus of Lely Elementary School from 8:30 a.m. to 11:30 a.m.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners of
Collier County, Florida, that October 26, 2007, be designated as
THE DAY OF THE RED WALK IN COLLIER COUNTY
DONE AND ORDERED THIS 23rd Day of October, 2007.
BOARD OF COt/NTY COMMISSIONERS
COLLIER COt/NT)/, FLORIDA
-
JAMES COLETTA, CHAIRMAN
ATTEST:
DWIGHT E. 8ROCK, CLERK
vage I or I
Aqenda Item No 4A
- Oclober 23, 2U07
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
4A
Item Summary:
Proclamation c1psiqnAlillg October 2fl, 2007 as The Day of Hle Red Walk in Collier County
To be i:lccepled hy Ms r"Jil1;J Flibiw;ki, Safe and Drug Free Scl100ls Coordinator. Collier
County Schools
Meeting Date:
10/23/('007900:1)0 AM
Prepared B;y
USn Resnick
Executive Aide to the Flee
Dale
Board of County
Cort1missiollprs
BeG Olliee
8/281200711:19:48 AM
AplJrovcd By
Sue Filson
EJ8cutive Manager to the Rce
Date
Board 01 Coullty
Bee Office
8128/200711;22 AM
COlll!lli!';sir>n(~rs
AI)pro\'ed By
James V. Mudd
County Mal1<.1ger
Date
Board of CGUllty
Commissioners
County MarHlgr:>r's Olflce
10110/20077:25 PM
Agenda Item No. 48
October 23, 2007
Page 1 of 2
~
PROCLAMA TION
WHEREAS,
the Substance Abuse Coalition of Collier County recognizes that
alcohol, tobacco, and other drug abuse in this notion has reached
epidemic proportions: and.
WHEREAS,
it is imperative that visible, unified prevention educatIon eff.orts
by community members be launched to eliminate the demand for
drugs: and.
WHEREAS,
the Substance Abuse Coalition is offering citizens the opportunity
to demonstrate their commitment to drug-~ lifestyles - no
use of illegal drugs, no I1legal drugs, no illegal use of legal drugs:
and.
WHEREAS,
the Notional Red Ribbon Campaign Will be celebrated in every
community in AmeriCtl during "Red Ribbon Week, H October 23 -
31,2007: and. .,:,.? :f'J:"<,
,;>i< .',
;.....~
WHEREAS,
WHEREAS,
the State of Florida further commits its resources to ensure the
success of the Red Ribbon Campaign.
NOW THEREFORE, be it proclaimed by the Boord of County Commissioners
of Collier County, Florida, that October 23 - 31, 2007. be
designated os
RED RIBBON WEEK IN COLLIER COL/NTY
DONE AND ORDERED THIS 23rd Day of October, 2007.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
JAMES COLETTA, CHAIRMAN
ATTEST:
.-.
DWIGI-IT E. BROCK, CLERK
r'age 101 I
Auenda Itol11 No 48
v October 23. 2U07
Paye 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONEHS
Item Number:
Item Summary:
48
Prnclflll18tiOll (h~silJlntill~J Uc1uhcl 23 - 31 ~'OOi <'IS r~ed Ribbon Week in Collier County To
he 'lCcepted by Ullderstwrilt I<evin P8lT\bosk, Collier County Sheriffs Office and Judge
LilUICl1 Brodie. 20111 ,ltlclici,iI Circuit Court Collier COllllty
Meeting Date:
10i23/20U7 9:0U:lJU !\M
1l,'cIJ:trcd By
Lis!] Hestl;{k
ExcwUve Aide to the pee
Date
Board of e~..>l1f11y
C'lmmissiolwrs
Bee Office
0/28/200711 :44:50 AM
^IIIU'O\'cd B)'
Sue Filson
EXCCllfi,/(' Manager to tllP nee
Date
F\oilrcl nf C;"unty
Counnissinllf'I'1
BCC Oflke
8,'28120071:06 PM
^111)ro,,'cd Bl
.1a!nes V. Murld
CO'.Hlly Mana9P1
Date
f1r)"ld of C{I!H1ty
r:(111lrnissjnn~f<;
C{'\!I11y MiHHljJ<::r's ~)flice
10110120077:44 PM
Agenda Item No. 4C
October 23,2007
Page 1 of 2
~
PROCLAMA TION
WHEREAS, since 1957, the United Way af Callier County has sponsored and
funded qualified. non-profit community agencies which provide
essential social and health services to our citizens: and,
WHEREAS, throughout the 50-year history of the United Way of Collier County,
the organization has demonstrated continued growth and is currently
funding 32 community agencies providing services to all areas of our
County; and.
WHEREAS, the Board of County Commissioners gratefully acknowledges and
supports the fine work of the United Woy of Collier County and its
member agencies.
NOW THEREFORE. be it proclaimed by the Board of County Commissioners of
Collier County, Florida, that
UNITED WAY OF CO!..LIER COUNTY AGENCY
-
is formally recognized for their outstanding contributions to the
community and wish them yet another year of great success as they
kick off their 2007/2008 season.
DONE AND ORDERED THIS 23rd Day of October, 2ooT.
BOARD OF COUNTY COMMISSIONERS
COl.l..IER COUNTY. FLORIDA
JAMES COLETTA, CHAIRMAN
ATTEST:
DWIGHT E. BROCK, CLERK
-
IJage 1 ot 1
Aoenda It(;r1l t'Jo. 4C
October 2007
Page of2
COLLIER COUNTY
BOA!l.U OF COUNTY COMM!SSIONE"HS
Item Number:
Item Summary:
4C
Meeting Date:
PI(J -,IaIl13IiCt!1 for Unilf~d VJilY of Culller County AgF:ncy to be accepted by Ernie Bretzmann.
Ex';'cutiv() Dilel:lo1 of the Urlited liVay f<ose [~Ialj(ld and Cr<lig Bamberg.
1 Ul23/2UU7 ~J:U(J:(JO hM
IJrcf)arcd By
Paula Sprillgs
Board of County
Cornl1lis~inne!s
E;J'CUti'1€ Aid0 to tll(! Flee
Date
W_:C Office
10110120078:50:45 AM
ApllrO\!cd B)"
Sue Filson
Executive MJll!lgN 10 the Dce
Date
BOiHd of e'wnty
Bee Office
10110/200711:03 AM
COlllllli,,<;,iotle!s
AI)proved B)'
James V. Mudd
Coullty M<1I1~ger
Date
Board of County
Commission"'!s
County rJI:tIlR~JH'5 Office
10112/2007 12:18 PM
Page I at I
Agenda Item No, 5A
October 23, 2007
Page 1 of 1
COLLIER COUNTY
-
BOARD OF COUNTY COMMISSIONEHS
Item Number:
Item Summary:
5A
SustC'linable FI()Iid8 F'r('rni~;inq Pmclice Award to be presented to the Board of County
CornlT1issioller~, by Stev(; FIl'lston Project Manager, Stormwater
Meeting Date:
10/23/2007 9:0U:OO AM
AplJrOved By
Euge'ne Calvert
Principal proje.:t Mal1i)fjN
Date
Transportations Services
Transportation Enqi!l()",illg ,md
Construction Millli19(!'P011t
1018/20074:22 PM
Approved By
Pat Lehnhard
Executive Seer'ltMY
Date
Transportation Services
Transportation Smvkf'5 Arjmin
10/91200710:12 AM
Approved By
OMS Coordinator
Applications Analyst
Date
Administrative Services
Information Te~;hn'Jlouy
10/9/20071 :00 PM
Apl)ro\'ed By
Mark Isack::.on
Budget Analyst
Date
Count.y M.mayer'!; Office
Office of Mananl!tnenl &. 8l'dnd
10/10f2007 9:26 AM
-,
AI)provcd By
Micha('1 Stnykowski
Management & Budn'cd t1ir'}ctor
Date
County M<litager's Office
Office of M<lnaqem"lll 8, 8ud!!el
10/10/20074:48 PM
Aplu'oved By
James V, Mudd
County ManagN
Date
Board of County
Commissiollers
County Managf'r's (Jllice
10/10/20077:49 PM
---
L\'oenda item ~~o. 58
. October 23. 2DD?
Page 1 of 2
CONTRACTOR PRESENTA nON FORM
Board Presentation Date:
October 23, 2007
Contract Number: 05-3770
Projcct Title: Design Build Immokalee Road (1-75 FDOT Construction Right of
Way to CR 951 Collier Blvd).
Project Numbcr: 66045
Firm ;'\lame: ASTALDI CONSTRUCTION CORP.
Proiect Mana!!er: Jack Morgan for Astaldi, Eddie Martin for Collier County
Project Description: Design Build for Immokalee Road (1-75 to CR 951)
Converting it from 4 lanes to 6 lanes
Ori!!inal Start Date:
Design: June 6. 2006
Construction: October 2. 2006
Noticc to Proceed Issuance Date:
June 6. 2007
Ori!!inal Completion Date:
September 6. 2008
Reviscd Completion Date: July 31. 2008
Reason(s) for Variance: By utilizing the
Design Build process we have been able to
eliminate normal construction delays and
has allowed us to reduce construction time
by 37 days
Ori!!inal Budget: $22,365,498.91
Reviscd Budget: $22,365,498.91
Reason(s) for Variance:
$0.00
Actions Planned/Taken to Maximize Actions Planned/Taken to Minimize
Variance: Will continue to takc Variance:
advantage of the design Build process in
an attempt to bring the Project in 60/90
days ahead of schedule
Current Proiect Statns: WORK COMPLETED = 79'X. BILLED to DATE = 75%
CONTRACT TIME liSED = 56'10
Item Number:
Item Summary:
Meeting Date:
I-'age I of J
}\qenda Item No :58
- October 23, 2007
Page 2 of 2
COLLIER COUNTY
BOARD or COUNTY COMMISSIONEHS
5[3
F'ICSPlllClliorl 101 the DesitJl1/Huild nllllllllok:llep Ruad (I 75 to CR 951), converting a 4 lane
road 10 6 I,HIf'S
t(J/23/2007 ~IUI"OO A,f';1
Prepared By
Eddie MiJrHn
lranspot'lillion Services
Finkl E!l(jinpelin~J Ills!J'~ctol
Transport'ltion Epgill01'rinq and
Construction
Date
10/8120079:54:11 AM
Appru\Cd H,y
Sieve Riller
TrallSrOr!<ltron Services
Fi01d Engincerill9 !l1spl?cIOr
TriJllspor!;J!.iot! EnqineNillH iHld
COllstnH;lioll
Date
10!Bf2007 1:04 PM
^Ilpn)\!cd B)'
Norm E" Feder, AICP
Transport<lt.fon S(>rvicfJs
1 fi'llSporlCltion Division Auministlal{H
Date
rranSp<H!.;1tioll Serviccc,> Admin"
10/9/200710:01 AM
AIII)roved B)'
Lisa TH)"!or
TnJIl<cP'llti'lliOI1 S,.,r'Ji<":("l
MaIHI~lelm:I1l!Btltlgel Analyst
Date
1 r<lll<;l'mt;:;ti'JI1 i\'hnini'dr;ltion
1(1191200711:02 AM
Alllll'U\'ed B)'
SII'llf)t! hle\','tll;lIl
TI(111<:;porta1iol1 ::'('l'jk"~
Acr:ountinq SupPrviq"
Dille
Trall"portillilln Sl""vi"',:~ ^,I'I,in
1019120074"17 PM
ApllI'OHd B)'
fJ;'j"l1fllltWHl
irnnSI1lHt;J!j0I1 !3enfices
Dil ,~ctot
Datn
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Sp'lior M?I1<:HJcmNltiF\lldqf't /lna!}',>!
Date
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10'10120075:07 PM
"Pllroved B)'
Micllnel Sl1l)'kowski
enuntv M<lfl;lqer';; OHke
Ma!18~jel1l"lll & Budqel Dilf,ctOl
Date
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10/11/2007 U: tf; AM
i\1)prond B)'
.lames V. MU(ld
n(~ard ')f C"HIlt.y
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Date
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10/1112007 10:44 AM
Agenda Item No. 5C
October 23. 2007
Page 1 of 2
-
EXECUTIVE SUMMARY
Recommendation to recognize Fred Sexton, Field Engineering Inspector,
Public Utilities Engineering Department, as Employee of the Month for
October 2007.
OBJECTIVE: To obtain approval from the Board of County Commissioners to recognize
Fred Sexton, Field Engineering Inspector, Public Utilities Engineering Department, as
Employee of the Month for October 2007.
CONSIDERATIONS: Fred Sexton, Field Engineering Inspector, has been nominated as
the "Employee of the Month" for October 2007. Fred is a dedicated professional who is
always willing to do more than his share. He consistently exceeds the expectations of his
customers and is often recognized for the service he provides.
Fred is instrumental in job site overview, coordination and quality control He is
especially successful in dealing with contractors to ensure that the County gets a final
product that meets our standards. His effectiveness has saved the County thousands of
dollars in utilities infrastructure repairs and replacements by assuring that installations
are done right the first time. He unconditionally takes ownership of every project that he
is involved with and always keeps an eye out for construction and operational safety. In
sum, Fred is a positive and responsive employee who is truly deserving of this honor.
FISCAL IMPACT: The selected "Employee of the Month" receives a $150.00 cash
award Funds are available in the Public Utilities Engineering Budget.
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approves the
recognition of Fred Sexton as "Employee of the Month" for October 2007.
PREPARED BY: Brittney Mahon, Employee Recognition Coordinator, Department of
Human Resources
-
I~age I at I
Agenda Item I'Jo. 5C
October 23, 2()()7
Paye 2 of 2
COLLIER COUNTY
BOARD QF COUNTY COMMISS10NEHS
Item Number:
5C
Item Summary:
Pecotlllllefldc1!iun to If~COSllli?e r:r('cJ Sexton. r:ield Engineering Inspector, Public Utilities
[n~lin,""ring [)epnrlrnelll w~ [llIplllyee of Hie MOlllhlor October 2007
Meeting Date:
t [ii23f2UfJ7 9_00UU fI[I,;1
l)rcJlarcd By
Brittl1ey Millton
Employer Rer:0911it.ion C('(H(Hl1iltor
Date
Admini!'itriJtivf: S0rvic(I'S
Human R"<;:oucp<;
101B!2n07 8:49:01 AM
A.llpnJ\"cd B,y
Jean MeniH
~hHnan ReSQulcPS [lirl:'ctm
Date
Administrative SPlvkfl<;
Human Res"ltf':(';,
10/9/20074:56 PM
Allflrovcd By
Sid!, C(Jmp. C FM.
racilili('~ f\1alli'1!-j';rnrllt Dirpctor
Date
Adltlinistrativ0 Snrvir:f'<;
rw:iliU;><:; M;Jt1C1qprnPllt
1019/20076:17. PM
Allproved H)-'
OMS COQnjip;Jtor
Applici'lli'_ms Analyst
Date
r\~ltnjl1i!'".trative S0tViC05
lnfmllwtioll Tecltw\I()9Y
10110/200712:51 PM
;\ )lprond By
Laura Uavisson
Mani1gemcnl8. BlId9cl AI1.]lyst
Date
Ct)lI!1tv M;\I1.:"!g')!"s Ollic~
OIlier> of MJl1:1tjf'I1lPII1.~ [\1 ! (11]'.'1.
10110/20074:32 PM
AllfH'O\'cd B)-'
t-nic!lael Slllv!;owski
M"ll"U"lll~'l1t 8. Rl'dq"l DilPc!pr
Dall!
COlliltv 1\-1;>!I~~w(s onic')
O!ficpnJ pn~!i;w0H\"111,'I., [}II,j(lf't
10110120074:41 PM
Allf)l'ond B)-'
.Jattl':!S V. Mudd
Cr::>ttnt.y M<1Il<ly'..r
Date
Dnilld of Cnlltlly
COIIIn1i';'d('IH'!~
COI!llly M;lIIA~Jfr'S tJlli':n
10/13/20U7 12:31 PM
,-
Agenda Item No. 6A
October 23, 2007
Page 1 of 2
COllIER COUN1Y MANAGER'S OFFICE
3301 East Tamiami Trail. Naples, Florida 34112. (239) 774-8383 . FAX (239) 774-4010
September 25, 2007
Mr. Kenneth Thompson
2831 Becca Avenue
Naples, Fl 34112
Re: Public Petition Request to Address lack of Communication between Code
Enforcement and the Public
Dear Mr. Thompson:
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of October 9, 2007, regarding the above referenced
subject.
.--
Your petition to the Board of County Commissioners will be limited to ten minutes.
Please be advised that the Board will take no action on your petition at this meeting.
However, your petition may be placed on a future agenda for consideration at the
Board's discretion. Therefore, your petition to the Board should be to advise them of
your concern and the need for action by the Board at a future meeting.
The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W.
Harmon Turner Building (Building "F") of the government complex. Please arrange to be
present at this meeting and to respond to inquiries by Board members.
If you require any further information or assistance, please do not hesitate to contact this
office.
JVM/jb
cc: David Weigel, County Attorney
Joseph Schmitt, CD&ES Administrator
Michelle Arnold, Code Enforcement Director
.--
Agenda item No. 6A
REOEtlJlOO" 23. 2007
OFFICE OF THE Cour?Jo\gMAI'JlAGER
Request to Speak under Public Petition
SEt' L It 2007
Please print
ACTION
Name:
'('(pAAfi1.e:fA TJ:mo///)tY~
Address:
;; 2 3 i /0.,. ('.co CXA>-
,dI1/P /J 11 AJi.-t'd (k 3 Lj J / 1,
Phone: '] ':) q r; 71.(-; /1f'1
Date of the Board Meetinq YOU wish to speak:
Qc / oi"j'.A 9 - 0 7
Please explain in detail the reason YOU are requestinq to speak (attach additional
paqe if necessary):
h. CIJ!lA-<.YY> ,I" pl",,~A, "..f rJCh.#Ar1//M;'G~i'W.A z../Ih d,
r,~M ~"1' L-rU' l' 0..; ,..." f?r71 f.,.".,/ f<->./ - 0' ~j" -;M, ,.,I'..r~,; { 12..0 U-l{/ /. ",jrJ!
:zz. ..4r'SA~'C
Please explain in detail the action YOU are askinq the Commission to take (attach
additional paqe if necessary):
~..k (J. .hi, {-<H'/A' -5 './/"'''.-<4 i't c /.' ~ d ,,-/ '5..J/ a-/'/ h /:.e....
, (J I
J-' ..L, , , J //.' /"E,.
/Yl1/i'Y~~.rf<I"">AIJ l~r?J /A 'f.A.A'.,(?//.....i"-'-.I'/') J/..4-1t'lAG~_rr:.( (J r; ~.z.fA-6
<'Ii;; ./J ('.hY< ,
H:\Judi's Folder\Forms\Public Petition Request Form.doc
Agenda Item No. 68
October 23, 2007
Page 1 of 7
COllIER COUNIY MANAGER'S OFFICE
3301 East Tamiami Trail' Naples, Florida 34111 . (239) 774-8383 . FAX (239) 774-4010
October 23, 2007
Jennifer L. Rogers
clo Rookery Bay NERR
300 Tower Road
Naples, FL 34113
Re: Public Petition Request to Discuss The Marine Resource Conservation Partnership
(MRCP)
Dear Ms. Rogers:
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of October 23, 2007, regarding the above referenced
subject.
~
Your petition to the Board of County Commissioners will be limited to ten minutes.
Please be advised that the Board will take no action on your petition at this meeting.
However, your petition may be placed on a future agenda for consideration at the
Board's discretion. Therefore, your petition to the Board should be to advise them of
your concern and the need for action by the Board at a future meeting.
The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W.
Harmon Turner Building (Building "F") of the government complex. Please arrange to be
present at this meeting and to respond to inquiries by Board members.
If you require any further information or assistance, please do not hesitate to contact this
office.
Sincerely,
/7 ~~~
~~~~;;
County Manager
JVM/jb
cc: David Weigel, County Attorney
Marla Ramsey, Public Services Administrator
--
,
(ptJ
Agenda item No. 68
October 23.2007
P bl' P .t' Page 2 of 7
Reauest to Speak under u IC etl Ion RECEIVED
Of'f'ICE Of' THE COUNTY MANAGER
Please print
OCT - 9 2007
Name:
Jennifer L. Roaers
ACTION
c/o Rookerv Bay NERR. 300 Tower Roaa.
Address:
Naples. Florida. 34113
Phone:
239-417-6310. ext. 232
Date of the Board Meeting you wish to speak~
October 23. 2007
Please explain in detail the reason you are requesting to speak (attach additional
page if necessary):
Reauest the Commission consider ioinina the new Marine Resource
Conservation Partnership (MRCP). as summarized below.
Earlier this year the Florida Fish & Wildlife Conservation Commission (FWC) and
the Florida Department of Environmental Protection IDEP) created a formal
oartnership (the MRCP) by sianina a Memorandum of Understandina (see
additional attachment) with a mutual aoal to effectively manaae the marine
resources of the State of Florida for the benefit of the public and future
aenerations throuah non-reaulatorv saltwater recreational education and
outreach proarams. Other interested stakeholders. includina local. state. and
federal aoyernment aaencies. industry. non-aovernment oraanizations. and
conservation oraanizations. are welcome to ioin the partnership. by sianina an
Addendum to the MOU (see additional attachment).
Continued on attached paaes.
Please explain in detail the action you are asking the Commission to take (attach
additional page if necessary):
Reauest Collier County join the Marine Resource Conservation Partnership by
sianina the partnership documents. Please find attached both the Memorandum
of Understandina (MOU) between FWC and DEP. for reference. and the
Amendment to the MOU to allow other stakeholders to join the partnership. The
Amendment will be modified (where hiahliahted) as directed by BCC for sianina
by BCC.
Pubftc Petition Request Form.doc
j
Reauest to Speak under Public Petition
Ac;enda item ~~o. 68
,. Octoher :23. 2CJCi7
Page 3 of 7
Name:
Jennifer L. Roaers
Phone:
239-417-6310, ext. 232
Date of the Board Meeting you wish to speak~
October 23. 2007
Please explain in detail the reason you are requesting to speak (attach additional
page if necessary):
Continued -
The formal partnership (MRCP) was the outcome of informal efforts by Collier
County local aovernments, resource manaaers. and the boatina industry working
toaether over the past year to deyelop proarams to address issues of arowina
concern includina increased impacts to coastal resources by an increasina
boatina community and visitors. Impacts have included increased volume of
litter, pickina and tramplina of dune veaetation. improper disposal of human and
pet wastes. disturbance to wildlife, and dearadation of marine habitat (i.e.
propeller scars in seaarass beds). Althouah on the surface these impacts are all
resource impacts. they have a potential neaative economic impact as visitor's
and resident's enioyment diminishes and they decide to take their recreational
dollars elsewhere.
The proaram under current deyelopment is Team OCEAN (Ocean Conservation
Education Action Network). which is a volunteer-based. one-on-one outreach and
education proaram desianed to provide outreach in the user's element (i.e. on-
water. on-island. at piers and boat ramps. etc). The aoal of the Team OCEAN
proaram is to promote enioyment of coastal resources throuah conservation
practices and safe boatina.
The partnership does reauire a commitment to provide staff. services. eauipment.
and/or fundina to the extent deemed appropriate by each respective partner.
We realize each partner has indiYiduallimitations and we respectfullv reauest
each partner determine their leyel of ability to commit resources (no minimum
set. no fundina reauirement. Drovision of staff time sufficient). Over the past
year. Collier County staff. (Doua Suitor and now Pamela Keyes in his place).
have been aivina a couple hours of staff time per month to attend MRCP monthly
meetinas. In addition. we have been initiatina efforts with other Collier County
staff (Laura Roys and Kirstin Wilkie) to share resources to perform a boater
survey. We'd like to see that input continue and hope the Commission will
support those efforts by ioinina the partnership.
Also attached are three paaes with slides used for a presentation about this
proaram to the Collier County Environmental Advisorv Council.
,
.
.
!'\oenda Item No. '38
- October 23. 2007
Page 4 of 7
Memorandum of Understanding
between
The State of Florida, Fish and Wildlife Conservation Commission
and
The State of Florida, Department of Environmental Protection
WHEREAS, Section 9 of the Florida Constitution Article IV establishes the Florida Fish
and Wildlife Conservation Commission, hereinafter called FWC, to manage wild animal
life, fresh water aquatic life, and marine life to provide for the effective conservation of
those natural resources;
WHEREAS, the Florida Department of Environmental Protection, hereinafter called
DEP, as staff of the Board of Trustees of the Internal Improvement Trust Fund, manages
the sovereignty submerged lands of Florida, which comprise aU the components of
marine habitat;
WHEREAS, DEP managed sites contain some of the most productive and popular
saltwater recreation venues in the world including: 41 Aquatic Preserves that encompass
more than 1,8 million acres of sovereignty submerged lands of the state; 160 state parks
thatinclude 100 miles of sandy white beaches; 3 National Estuarine Research Reserves
that include over 350,000 acres of the most pristine and productive estuarine ecosystems
in thc nation; and the Florida Keys National Marine Sanctuary that covers ovcr 2900
square nautical miles of diverse and unique saltwater fisheries habitats and species;
WHEREAS, these sites attract millions of people every year, many of whom come from
all parts of the world to participate in Florida'~ marine recreational.activities;
WHEREAS, the agencics' complementary rcsponsibilities and authorities address the two
major factors in marine resource conservation, which are the effective managemcnt of the
habitat and thc harvest of marine organisms;
WHEREAS, the accomplishment of each of these agencies' responsibilities is related to
the effectiveness of their coUective efforts;
WHEREAS, the coordination of efforts by these agencies shaU facilitate achievement of
their mutual marine resource conservation goal;
WHEREAS, both agencies have existing environmental outreach programs throughout
the state aimed at informing the public about marine resource conservation issues and
marine recreational opportunities; and,
Agenda Hem ~~o. 68
October 23,2007
Page 5 of 7
WHEREAS, there are rapidly increasing demands on the marine resources and for
information about those resources.
THEREFORE, BE IT RESOLVED, that FWC and DEP shall hereby establish the Marine
Resource Conservation Partnership (MRCP) to effectively manage the marine resources
of the State of Florida for the benefit of the public and future generations by designing
and implementing non-regulatory saltwater recreational outreach and education programs
through inter-agency coordination and cooperation in aceordancc with state-approved
management plans, and contingent On available funding.
THEREFORE, BE IT FURTHER RESOLVED, that FWC and DEP shall solicit and
welcome any other interested entities or individuals into the Marine Resource
Conservation Partnership including local, state and federal government agencies,
industry, non-government organizations, and conservation organizations that wish to
protect the marine resources underthe guidelines established by FWC and DEP policies
and programs. The inclusion of those partners shall be acknowledged by execution ofa
Memorandum of Understanding by the authoritative party of the joining entity and the
FWC and DEP project administrators, which will be included as an addendum to this
document.
IN WITNESS HEREOF, the parties hereto have executed this agreement on the dates
set forth below.
FOR FLORIDA ~TMENT OF ~El\'TAL PROTECTION:
Michael W. Sole ~ ~ Date: ~~~t '?-/, ~,,-;z.
Secretary (Signature)
Florida Department of Environmental Protection
':~=e:H;:~::D~:;~J.S::~;;;~;~~~~:"".,."
Executive Director ? (Signature) / /
Florida Fish and Wildlife Conservation Commission
.
;;
Agenda Item No" 68
October 23" 2007
Page 6 of7
Memorandum of Understanding
for the inclusion of
-;;)7b'~ .~ ~ ~ "
into the Marine Resource Conservation Partnership
WHEREAS, the Florida Fish and Wildlife Conservation Commission (FWC) and
the Florida Department of Environmental Protection (DEP) established the
Marine Resource Conservation Partnership (MRCP) to more effectively manage
the marine resources of the State of Florida for the benefit of the public and
future generations by designing and implementing non"regulatory saltwater
recreational outreach and education programs through inter"agency coordination
and cooperation in accordance with state-approved management plans with
available funding;
WHEREAS, FWC and DEP welcome interested parties into the MRCP including
local, state and federal government agencies, industry, conservation
organizations and other non-government organizations that wish to protect the
marine resources under the guidelines established by FWC and DEP policies
and programs;
WHEREAS, The ~ has requested inclusion into the MRCP
to assist with the endeavor of improving the conservation of the marine resources
of the State of Florida by contributing to the design and implementation of non-
regulatory saltwater recreational outreach and education programs through
coordination and cooperation with FWC and DEP;
WHEREAS, The ~ commits to provide staff, services,
equipment, and/or funding to support MRCP efforts to the extent that they deem
practicable;
WHEREAS, FWC and DEP recognize that the conservation of the quality of the
natural resources of the coasts of Florida is dependent on the commitment and
involvement of all of the state's government entities, industry, organizations and
citizens;
THEREFORE, BE IT RESOLVED, that FWC and DEP hereby include g
~~s~ljfi:iWilJ as a partner into the MRCP with equal rights and
privileges.
IN WITNESS HEREOF, the parties hereto have executed this agreement on the
dates set forth below.
~
ll.genda item No. 68
October 23,2007
Page 7 of 7
FOR FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION:
Date:
Florida Department of Environmental Protection
FOR THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION:
Date:
Florida Fish and Wildlife Conservation Commission
Jij~~
.
-
Agenda Item No, 5C
October 23, 2007
Page 1 of 13
COlLIER COUNIY MANAGER'S OFFICE
3301 East Tamiami Trail. Naples, Florida 34111. (239) 774-8383 . FAX (239) 774-4010
October 10,2007
Mr. Steve T. Olivera
590 12th Avenue NW
Naples, FL 34120
Re: Public Petition Request to Discuss Purchase Agreement of Property Located Along
the Vanderbilt Beach Road Extension Corridor
Dear Mr. Olivera:
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of October 23, 2007, regarding the above referenced
subject.
-
Your petition to the Board of County Commissioners will be limited to ten minutes.
Please be advised that the Board will take no action on your petition at this meeting.
However, your petition may be placed on a future agenda for consideration at the
Board's discretion. Therefore, your petition to the Board should be to advise them of
your concem and the need for action by the Board at a future meeting.
The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W.
Harmon Tumer Building (Building "F") of the government complex. Please arrange to be
present at this meeting and to respond to inquiries by Board members.
If you require any further information or assistance, please do not hesitate to contact this
office.
JVM/jb
cc: David Weigel, County Attorney
Norman Feder, Transportation Services Administrator
,--
.I
A.genda Item No, 5C
October 23. 2007
Page 2 of 13
Reouest to Soeak under Public Petition
Please print
Name: Steve T. Olivera
Address: 590 12th Ave NW
Naples, FL 34120
Phone: 941-306-1308
Date of the Board Meetino vou wish to speak: October 23rd, 2007
Please explain in detail the reason YOU are reQuestino to speak (attach additional
paoe if necessarv):
Since April of this year I have been negotiating with the Transportation
Department for the purchase of my property located along the Vanderbilt
Beach road extension corridor. Those negotiations were conducted in
good faith between Transportation officials and myself. An agreement was
successfully reached and a written contract was signed and witnessed at
my home on September 7,2007.
Because of the unique situation involving my property the contract calls for
an entire taking of my property. Located on my homestead are two
structures, The first being my residence, the second consisting of a block
and beam constructed building which is currently being used for storage
which I intended to convert to a guesthouse for my elderly parents.
Unfortunately the construction of the extension will require the removal of
this structure. These facts coupled with the very close proximity of the
extension to the only structure which can remain have caused a situation
recommending a complete taking of my property.
I am currently a disabled American, and have recently been diagnosed with
advanced cardiac disease. Although I am less than satisfied with the
purchase price, I believe that it is an acceptable compromise, which will
permit me to move on with my life and avoid years of contentious litigation.
I petition that you accept the Contract negotiated in good faith and
supported by both the Transportation Department and myself.
Please explain in detail the action YOU are askino the Commission to take (attach
additional paoe if necessary):
C:\Documents and Settings\Steve Olivera\Desktop\Public Petition Request Form.doc
~
.'
Aoenda Item l\la. 6C
" October 23. 2007
Page 3 of 13
PROJECT:
PARCEL:
FOLIO NO(s):
VBR Extension 1162081
199
37543210003
PURCHASE AGREEMENT
(For Improved Property)
THIS PURCHASE AGREEMENT is made and entered into on this day
of ,2007, by and between STEVE T. OUVERA, a single person,
whose mailing address is 590 12" Avenue NW, Naples, FL 34120-6318, (herelnafter
referred to as 'Selle"), and COWER COUNTY, a political subdMsion of the s_ of
Florida, whose maDlng acldl8SS is 3301 Tamlaml Trall east, Naples, Florida 34112
(hel'llinafter referred to as "Purchase").
WHEREAS, Seller owns certain improved property located at 590 12" Avenue
NW, Naples, Florida, and more particuiarty described as THE WEST 185 FEET OF
TRACT 48, GOLDEN GATE ESTATES, UNIT NO. 19, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 7, PAGES nAND 78, OF THE PUBUC
RECORDS OF COLUER COUNTY, FLORIDA, together with all buildings, struelures
and improvements, fixtures, built-in appliances, refrigerators, stove, dishwasher,
washer, dryer, ceiling fans, floor coverings and window trealments (hereinafter refen8d
to as 'Property"), free from liens; and
WHEREAS, Purchaser requires a portion of the Property for right-of-way
purposes as part of the Vandarbl" Beach Road Extension Project: and
WHEREAS, because of the future proximity of the new roadway improvements to
the Seller's residence, Seller wants to sell all of the Property to Purchaser; and
WHEREAS, Seller desires to remain in possession of the residence and has
requested the right to occupy the premises for a term of thirty (30) days following the
date of closing, to which request Purchaser has agreed; and
WHEREAS, Seller has agreed to sell and Purchaser has agreed to buy the
Property subject 10 the terms and condnions that follow;
NOW THEREFORE, In consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of
which is hereby mutualty acknowledged, n is agreed by and between the parties as
follows:
1. AGREEMENT
In consideration of the purchase price and upon the terms and conditions hereinafter
set forth, Seller shall sell to PurchaSer and Purchaser shall purchase from Seller the
Property.
2. PURCHASE PRICE
The purchase price (the 'Purchase Price') for the Property shall be $ 403,500.00 (U.S.
Currency) payable at lime of closing. None of this Purchase Price Is attributed to any
personal property listed In the allached inventory. If this Agreement Includes an
occupancy provision, the Purchase Price steted above will Include a deduction for aD
occupancy fees due under the tenn of this Agreement.
3. CLOSING
A. The Closing (THE "CLOSING DATE', "DATE OF CLOSING", OR
"CLOSING') of the transaction shall be held on or before one hundred twenty
(120) days following execution of this Agreement by the Purchaser but not later
lhan December 31, 2007 unless ex1erided by mutual wrillan agreement of the
. j
Agenda Item No, 6C
October 23. 2007
Page 4 of 13
parties hereto. The Closing shall be held al the ColUer County Attorney's Office,
Administration Bulkfmg, 3301 Tamlaml Trail East, NapleS, Florida. Purchaser shall
be entitled to pCl8S8SSion as of Closing, unless otherwise provided herein. Seller
shall deliver the Properly In broom-clean and worklng condition, and free of all
debris upon vacating the premises.
B. Seller shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications. Marketable title shall be determined according to
applicable title standalds adopted by the Florida Bar and In accordance with law.
At or before the Closing, the Seller shall cause to be delivered to the Purchaser
the items specified herein and the following documents and instruments duly
executed and acknowledged, in recordable form:
1. Warranty Deed in favor of Purchaser conveying title to the Property, free
and clear of all liens and encumbrances other than:
(a) The lien for current taxes and assessments.
(b) Such other easements, restrictions or conditions of record.
2. Combined Purchaser-Seller closing statement
3. A "Grantor's Non-Foreign, Taxpayer Identification & 'Gap' Affidavit' as
rllqulred by Section 1445 of the Internal Revenue Code and as required
by the Iitie Insurance underwriter In order to insure the 'gap' and IIlSU8 the
policy contemplated by the title Insurance commitment
4. A W-9 Form, "Request for Taxpayer IdentifICation and Certification" as
required by the Intemal Revenue Service.
5. Such evidence of authority and capacity of Seller and its representatives
to execute and deliver this Agreement and all other documents required to
consummate this transaction, as reasonably determined by Purchaser's
counsel and/or title company.
C. At the Closing, the Purchaser, or Its assignee, shall cause to be delivered to
the Seller the following:
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 TItie
Company verifies that the state of the tltie to the Properly has not
changed adversely alnce the date of the last endorsement to the
commitment, referenced in 'Requirements and Conditions" below, and the
Title Company is Irrevocably committed to pey the Purchase Price to
Seller and to issue the Owner's titie policy to Purchaser In accordance
with the commitment Immediately aftar the recording of the deed.
2. Funds payable to the Seller representing the Purchase Price shall be
subject to adjustments and pro-rations as hereinafter set forth.
D. Seller, at Its aole cost and expense, shall pay at Closing all documentary
stemp taxes due upon the recording of the Warranty Deed, In accordance with
Chapter 201.01, florida Statutes, unless the Properly is acquired under threat of
condemnation, and the cost of recording any instruments necessary to clear
Seller's title to the Properly. The cost of the Owner's Form B Tille Policy, issued
pursuant to the Commitment provided for In Article 8, 'Requirements and
Conditions" below, shell be paid by Purchaser. The cost of the title commitment
shall also be paid by Purchaser.
E. Purchaser shall pay for the cost of recording the Warranty Deed. Real
Properly 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
Page No. 2
,l\ClBnja item ~~o. 6C
~ O~tober 23 2007
Page 5;)f 13
current yea~s millage is not fixed, taxes will be prorated besed upon such prior
yea~s millage.
F. In the event the Seller will occupy the Property after Closing, the sum of Two
Thollll8nd five Hundred and NOI100 Dollare ($2,500.00) will be paid out of the
SeIler's closing proceeds Into an intere81-bearing account under Purchaser's
control to be held during the Selle~s occupancy In accordance with the provisions
of Articfe 4B below.
4. OCCUPANCY BY SE'II I'll AFTER CLOSING
A. Selle~s occupancy of the property may continue for up to thirty (30) days
following the date of closing (the "Term" or "InUial Occupancy"). A fee of FIve
Hundred and NOI100 Dollar. ($500.00) will be deducted from Sell81's net
proceeds at Closing to cover the Initial Occupancy unless Seller has vacated the
Property prior to ClosIng. In the event Seller and Purchaser agree in writing to
extend the Term, an Additional Occupancy Fee will be required from Seller and
shall be calculated by muUiplying the number of months of this Extended Term by
a monthly amount of FIve Hundred and NOI100 Dollal'll ($500.00) for tha first
three (3) months and then Two Thouaand and NONOO DOLLARS ($2,000.00)
per month thereafter. This Additional Occupancy Fee must be paid to the
Purchaser In a lump sum and no later than ten (10) days before expiration of the
initial Term. If Selle~s occupancy is extended, all terms and conditions of this
Purchase Agreement shall remain in effect during Selle~s extended occupancy of
the Property.
B. At Closing, if Seller has not vacated the Property, the sum of Two Thousand
FIVe Hundred and NO/l00 Dollars ($2,500.00) will be deposUed into an Interest-
bearing account as security for any damages suffered by the Property during the
Seller's occupancy ("Security Oeposllj. The Security OeposU plus accrued Interest
will be paid to Seller at the end of its Term of occupancy, less disposal costs,
damages and repair costs. Upon the vacating of the Property, the Purchaser will
have thirty (30) days to retum the Security DeposU or give Seller written notice of
Purchase~s Intention to Impose a claim upon the Security OeposU. In the event
Purchaser intends to impose a claim upon a part or all of the Security Deposit, it
will provide Seller with an explanation of the damage, an estimate of repair and an
accounting of the deposit balance, If any.
C. If the Property is partiy damaged or destroyed by fire or other casualty not
due to Selle~s willful or negligent act or that of anyone on the Property with the
knowledge or consent (actual or implied), of Seller, Purchaser will make repalr as
soon as reasonably possible. If the Property is rendered un-inhabitable due to fire,
storm or other casualty, then this Agreement shall automatically terminate, with the
sole duty of Purchaser then being to refund to Seller a portion of the occupancy
fees paid at Closing (calculated by dividing the number of days remaining in the
Term by the amount in Section 4A, aiong with the security deposit. plus accrued
interest. Purchaser shall not be liable for any damage or injury to Seller and his or
her property by reason of any fire or water damage sustained by Seller and his or
her property, or by reason of the breakage, leakage, or obstruction of water and
sewer lines or other breakage In or about the Property.
D. Seller agrees to pay all utility services as they come due, Including electriclty,
telephone, gas, cable television, water, sewer, and solid waste collection, and shall
arrange for a final billing and payment at the time Seller vacates the Property.
During Seller's occupancy, Seller shall keep the Property free from pests. Seller
shell ensure that the air conditioning system is operational and that a reasonable
room temperature is maintained unlll he vacates the Property.
E. Seller wiD use the Property only as its primary residence. Seller is prohibited
from allowing persons. other than his immediate family members, to reside on the
Property. Seller may not assign its rights to occupy the Property or lease or sublet
the Property.
Page No. S
... ........- ..--- -_,j ___...t...___ ___"_'__.j._ ~L'_ ......._._ _,--_" _..__"-__ _.__.__ _._-'
Agenda Item No, 6C
October 23, 2007
Page 6 of 13
observable by Purchaser, or which have not been disclosed to Purcheser by Seller
in writing and furnished to Purt:haser prior to the Effective Date of this AgrMrTllInt.
B. Radon Gas. Florida law requires the following disclosure: Raclon Is a
naturally occurring radioactive gas that, when It has eccumulated in a buHcling in
sulficlent quantities, may present health risks to persons who are exposed to It
over time. Levels of raclon that exceed federal and state gulclefines have been
found In buildings In ROOda. Additional Information regarding radon and radon
testing may be obtained from your county health department. Seller has no
knowledge of the existence of radon on the Property or any radon mltlgatlon
having been performed on the Property.
C. Lead BBBed Paint/Paint Hazards. If construction of the residence on the
Property WBB commenced prior to 1978, Seller is required to complete, and Seller
and Purchaser are required to sign and attach to this Agreement, the addendum
entitled "Leacl-Based Paint and/or Lead.Based Paint Hazan:ls Attachment to Sales
Contract: Disclosure of Information and Acknowledgement:
D. Mold. Molds are commonly found both indoors and outdoors. Interior
infestation by O8rtaln molds may cause property clamage and haalth problems for
some peIBons. Seller has no knowledge of any molcl remediation having been
performed on the Property.
E. Warrantv. Except as to any facts or conditions disclosed to Purt:haser as
required under Sectlon 5A above, Seller warrants that all major appliances and
equipment; sprinkler, well, septic, healing, cooling, electrical and plumbing and
security systems; major mechanical components; roof (including fascia and
soffits); O8lllng; structural walls; foundation: swimming pool, spa and pool/spe
deek; seawells; docks; boat IIf1s1davit8 and related electrical and mechenlcal
components, " any (collectively "Systems and Equipment") are in Working
Cond~ion. "Working Condition" shall mean operating in a manner in which the
Systems and Equipment were designed to operate. The roof, ceiling, Interior and
exterior walls, foundation, swimming pool, spa and pooVspa deck, if any, shall be
considered in Working Condition if structurally sound and watertight. SeawaDs
and docks, " any, shaH be considered In Wor1<ing Condition" structurally sound.
Seller shall not be required to repair or replace any Cosmetic Condition.
.Cosmetic Condition" shall mean an aesthetic imperfection which does not affect
the Working Condition of the ~em, including corrosion; tears; worn spots;
discoloration of floor covering or wallpaper or window treatments; missing or torn
screens; nail holes; scratches; dents; chips; caulking; pitted pool surfaces; minor
cracks In windows, driveways, sidewalks, spa/pool decks and garage, tile, lanai
and patio floors; and cracked roof tiles, curling or worn shingles and limited roof
life, so long BB there Is no evidence of structural damage or leakage.
6. INSPECTIONS
A. Insoection Period. Purt:haser shall have 60 days from the Effective Date
(Inspection Period) to have the Property and improvements thereon inspected at
Purcheser's expense as follows: (a) Systems and Equipment, by an appropriately
Florida licensed inspection company or licensed contractor, anel/or (b) radon gas,
by a Florida certified radon measurement technician or specialist, anellor (c) Iead-
based paint and hazards, by an EPA-certlfledlead exposure risk assessor, and/or
(d) termites or other WOO<Hlestroying organisms, by a certified pest control
operator (collectively the "Inspection Items"). Upon reasonable notice, Seller shall
provide access and utilities service to the Property to Iscllltete inspections.
B. EIectlon and Aesoonse. If any inspection conducted during the Inspection
Perlod reveals: (1) that any Systems and Equipment are not in Working Condition,
and/or (2) the presence of radon gas al a level In ex08ss 01 EPA action levels,
and/or (3) the presence of lead-based paint or paint hazards required abatemenf
under HUDlEPA protocols, and/or (4) the existence of active infestation by
termites or other wood-destroying organisms and/or visible damage caused by
active or pest infestation (collectively the "Defective Inspactlon Items"), Purchaser
shall, within 15 days after expiration 01 the Inspection Period: (a) notify Seller of
Page No. 5
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Agenda Ilem N16C
October 23, 007
Page 7 f 13
any Defective Inspection Items, and (b) furnish to Seller a copy of the Inspection I
report(s) documenting the Defective Inspection Items, and (c) notify Seller of
Purchaser's election either to: (I) receive a credn from Seller at closing in lieu of I
any repairs, replacements, treatment, mltlgatlon or other remedial action '
necessary to bring the Defective Inspection Items Into compliance with the relevant
standards set forth above (the "Remedial Action"), or (ii) have Seller take Remedial
Action at Seller's e>epense prior to closing. If Purchaser elects to receive a credn,
the amount of the credn shall be equivalent to the estimated costs of any
Remedial Action and shall be determined not later than the earlier of Seller's
Response Deadline, or 10 days prior to the Closing. If Purchaser eJects (I), Seller
shall not be required to take any Remedial Action. If Purchaser makes no
election, Purchaser shall be deemed to have eJected to receive a credn at Closing.
C. Not later than 15 days from receipt of the written notice and inspection
report(s) from Purchaser rSeller's Response Deadline"), Seller shaD notify
Purchaser whether Seller will give Purchaser credit equal to the cost of repairs or
take remedial action, whichever Is requested by Purchllll8r. If Seller refuses
Purchllll8r's election by the Seller's Response Deadline, then Purchaser may
terminate this Agreement within 10 days of Seller's Response Deadline, If
Purchaser does not elect to so terminate this Agreement, Purchaser is deemed to
have accepted the Property in the condition It existed on the Effective Date, except
that Purchllll8r retains the rights set forth in SectIon 6.G. (Walk Through
Inspection) below. If Seller falls to respond by the Seller's Response deadline,
Seller shall be deemed to have accepted Purchaser's election and Purchaser may
receive credit at Closing as set forth above.
D. If Purchaser does not have the Inspection Items Inspected, or fails to do so
within the Inspection Period, or falls to timely report any Defective Inspection Items
to Seller, Purchaser shall be deemed to have accepted tha Property In the
condition it existed on the Effective Date, except that Purchaser retains the rights
set forth in Section 6.G. (Walk Through Inspection) below.
E, Remedial Action shall be deemed to have been properly performed if (1) the
Systems and Equipment are placed in Working condltlon (as defined above), (2)
radon gas within the residance on the Property is reduced to below EPA action
levels, (3) lead-based paint and paint hazards on the Property are removed or
contained in accordance with HUD/EPA guidelines, and (4) any active infestation
of termites or other wood-destroying organisms Is exterminated or treated, and aU
visible damage caused by active or past infestation is repaired or replaced. Seller
shall make a diligent effort to perform and complete all Remedial Action prior to
the Closing Date, failing which a sum equivalent to 150% of the estimated costs of
completing tha Remedial Action shall be paid by Seller intc escrow at Cloaing
pending completion.
F. No cost to repair or replace any Systems and Equipment shall exceed the fair
market value of that Item If it were in Working Condnion. If l~e costs do exceed
fair market value, than either Seller or Purchaser may eJect to pay such excess,
failing which, either party may terminate this Agreement upon wrftten notice.
G. Walk-Throuah Insoection. Purchaser (or a designated representative) may
conduct a walk-through inspection of the Property prior to Closing and prior to
possession, to contirm: (1) completion of any Remedial Action agreed to by SelJar
in Section 6.8 "Election and Response" above, (2) that the personal property llams
which are being conveyed as pert of this Agreement remain on the Property, (3)
that the personal property items which are not being conveyed as part of this
Agreement have been removed from the Property. and (4) that Seller has
maintained the Property as required in Articles 3 and 7. Upon reasonable notice,
Seller shall provida access and utilities service to the Property to faciiltate the
walk-through inspection.
H. In8oeclions durino Occuoancv. Purchaser may enter upon the Property with
at least 24-hour notice to Seller for purposes of inspecting the Property for
compliance with the terms of Article 4 of this Agreement or effecting repairs,
Pogo No. 6
J
Agenda Item No, 6C
October 23, 2007
Page 8 of 13
7. RISK OF LOSS
Seller shall maintain the Property (including wKhout limitation tha lawn, shrubbery, and
landscaping) In the condition existing on the Effective Date until Closing or dale of
Purchase(s possession, whichever is latar, except for ordJnery wear and tear and any
Remedial Action agraed to by Seller under Section 68 above. Any future 1088 and/or
damage to tha Property between tha Effective Date and the Cloalng or dale of
PUrchase(s po88888ion, whichever Is earlier, shall be at Selle(s sole risk and expenee.
8. 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 tha case may be, shall perform the
following within tha times stated, which shall be condKions precedent to tha CIoaing:
A. Within fifteen (15) days after the date hereof, Purchaser shall obtain as
evidence of tllle an AL T A Commitment for an Owne(s TIlle Insurance Policy
(ALTA Fonn 8-1970) covering the Property, together with hard copies of aU
exceptions shown thareon. Purchaser shall have thirty (30) days, following receipt
of tha title insurance commitment, to notify Seller In writing of any objection to tIlIe
other than liens evidencing monetary obHgatlons, If any, which oblgallons shall be
paid at cIoaing. If tha title commitment contains axcepllona that make tha tIlIe
unmar1<etable, Purchaser shall deliver to the Seller written notice of lis Intention to
waive tha applicable contingencies or to terminate this Agreement.
8. If Purchaser shall fall to advise the Seller In writing of any such objeclIons in
8elle(s title in tha manner herein required by this Agreement, the Iltte shall be
deemed acceptable. Upon notification of Purchase(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 lis sole expense, shall use lis best efforts to make such tllle
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 aocepl tKIe as II then is,
waMng any objection, or may terminate the Agreement.
C. Seller agrees to fumish any existing surveys of the Property in Selle(s
possession to Purchaser wllhin 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 Stale of
Florida. No adjustments to the Purchase Price shall be mada based upon any
change to the tolal acreage referenced in exhibit . A," unless the difference In
acreage revealed by survey exceeds 5% of the overell acreage. If tha survey
provided by Seller or obtained by Purchaser, as certified by a registered Florida
surveyor, shows: (a) an encroachment onto the property; or (b) that an
improvement located on the Property projects onto lands of others, or (c) lack of
legal access to a public roadway, the Purchaser shall nollfy tha 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 tha
Property from a public roadway. Purchaser shall have sixty (60) days from the
Effective Dale of this Agreement to notify Seller in writing of any such objectlona.
Should Seller elect nolto or be unable to remove the encroachment, projection, or
provide legal access to the property within sixty (60) days from tha date of receipt
of said noUlication, Purchaser, by providing written notice to Seller within seven (7)
days after expiration of said sixty (60) day period, may accept tha Property as K
than is, waMng 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 tha
encroachment, or projection, or lack of legal access.
9. TERMINATION AND REMEDIES
Paae No. 7
P\genda Item N .6C
October 23. 007
Page 9 f 13
A. If Seller shaU have failed to perform any of the covenants and promlaes
contained herein, which are to be performed by Seller, except for those provisions
in Article 4, within fifteen (15) days of written notification of such failure, Purd1aser
may, at its option, terminate this Agreement by giving written notice of termination
to Seller. Purchaser shall have the right to seek and enforce an rights and
remedies available at law or in 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 authorizing such termination, and Purchaser falls 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, except for the terms and conditions in Article 4, provided Seller Is
not in de/autt, 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 $500.00 shall be paid to Seller as liquidated damages which shall be
Selle~s sole and exclusive remedy, and neither party shall have any further IiabHIty
or obligation to the other except as set forth in Article 12, Real Estate Brokers,
hereof. The parties acknowJedge and agree that Selle~s actual damages in the
event of Purchase~s defautt are uncertain in amount and difficutt 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.
C. 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.
D. This Article does not apply to any defaults by Seller of the obligations contained
In Article 4 of this Agreement.
10. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
Seller intends for Purchaser to rety on the representations contained in this Article in
entering Into this Agreement and warrants the following:
A. Seller has full right and authority to enter into and to execute this Agreement
and to undertake all actions and to perform aU tesks required of each hereunder.
Seller is not presently the subject of a pending, threatened or contemplated
bankruptcy proceeding.
B. Seller has full right, power, and authority to own and operate the Property,
and to execute, deliver, and perform its obligations under this Agreement and the
instruments executed in connection herewith. and to consummate the transaction
contemplated hereby. All necessary authorizations and approvals hew 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, n necessary.
C. The warranties set forth in this Article are true on the Effective Date of this
Agreement and as of the date of Closing. 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.
D. Seller represents that tt 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, n continued, adversely affect Selle~s ability to sell the Property to
Purchaser according to the terms of this Agreement.
Page No. 8
.Agenda Item No. 6C
October 23, 2007
Page 10 of 13
E. No party or pelllOrl other than Purchaser has any right or option to acquire
the Property or any portion thereof.
F. Until the date fixad for Closing or as long as this Agreement remains in force
and effect, Seller shall not encumber or convey any portion of the Property or any
rights therein, nor enter into any agreements granting any pelllOn or entity any
rights with respect to the Property or any part thereof, withoutlirst obtainlng the
written consent of Purchaser to such conveyance, encumbrance, or agreement
which consent may be withheld by Purchaser lor any reason whatsoever.
G. Selier represents that they have (ft has) no knowledge that any pollutants are
or have been dlschargad lrom the Property, directly or Indirectly into any body of
water. Seller represents the Property has not been used for the producllon,
handling, storage, transportation, manufecture or disposal of hazardous or toxic
substances or wastes, as such terms are dellned 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 (ft has) no knowledge that there is ground
water contamination on the Property or potential 01 ground water contamination
lrom neighboring properties. Seller represents no storage tanks lor gasoline or
any other hazardous substences are or were locatad on the Property at any time
during or prior to Selle(s ownership thereof. Seller represents none of the
Properly has been used as a sanftary landllli.
H. Seller has no knowledge that the Property, andlor that Selle(s operations
concerning the Property, are in violation of any applicable Faderal, State or local
statute, law or regulation, or 01 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 nead for any work, repairs,
construction, aIlerations or installation on or in connection with tha Property in
order to comply with any laws, ordinances, codes or regulation with which Seller
has not compliad.
I. There are no unrecorded restrictions, easements or rights of way (other than
existing zoning regulations) that restrict or affect the use of the Property, and there
are no maintenance, conSll\lction, advertising, management, leasing, employment,
service or othar contracts allecting the Property.
J. Seller has no knowledge that there are any suits, actions or arbftratlon, bond
issuances or proposals therefore, proposals lor 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 intormal, existing or pending or threataned which affects
the Property or which edversely affects Selle(s ability to perform hereunder; nor is
there any other charge or expense upon or relatad to the Property which has not
been disclosad to Purchaser in writing prior to the Effective Date of this
Agreement
K. Seller acknowladges and agrees that Purchaser is entering into this
Agreement basad upon Selle(s representations statad above and on the
understanding that Seller wlli not cause the zoning or physical condftlon 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 Properly and not to do
any ect or omft to perform any act which would adversely affect the zoning or
physical condition of the Property or Its intendad use by Purchaser. Seller also
agrees to notify Purchaser promptly 01 any change In the lacts conteined in the
foregoing representations and of any notice or proposad change in the zoning, or
any other ection or nolice, thai may be proposad or promulgalad by any third
parties or any governmental authorilies having jurisdiction of the development 01
the properly which may restrict or change any other condition of the Properly.
Pogo No. 9
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Aaenda item No. 5C
.. October 23. 2007
Page 11 of 13
L. Seller represents, warrants and agrees to indemnify, reimburse, Clelend and
hold Purchaser hannl9ss from any and an costs (Including attorney's fees)
asserted against, imposed on or Incurred by Purchaser, directly or Indil1lClly,
pursuant to or in comection with the application of any federal, stale, local or
common law relating to pollution or protection of the environment which shall be In
accordance with, but not Ilmiled to, the Comprehensive Environmental Response,
Compensation, and Uability Act of 1980, 42 U.S.C. Seelion 9601, at seq.,
("CERCLA" or "Superfunel"), which was amended and upgraded by the Superfund
Amendment and Reauthorization Act of 1986 ("SARA"), including any
amendments or SUCC98sor In funcllon to these acta. This provision and the rights
01 Purchaser, hereunder, shall survive Closing and are not deemed satisfied by
conveyance of tille.
11. NOTICES
Any notice, request, demand, instruction or other communication to be given to either
party hereunder shall be in wrllIng sent by lacsimlle with automated confirmation of
receipt, or registered or certified mall, retum receipt requested, postege prepaid or
personal derrvery addressed as follows:
If to Purchaser:
Transportation Engineering & Construction Management
Attn: Kevin Hendricks, ROW Acquisition Manager
2885 South Horseshoe Drive
Naples, Florida 34104
Telephone 239-213-5844
Fax 239-213-5885
Wtth a copy to:
Heidi Ashton-Cicko
Assistant County Attorney
Office of the County Attomey
Hannon Turner Building
3301 Tamlami Trail East
Naples, ROOda 34112
Telephone 239-774-8400
Fax 239-774-0225
If to Seller:
Steve T. Olivera
590 12th AVllnue NW
Naples, Fl 34120-6316
The addressees, addresses and numbers lor the purpose of this ArtlcIe may be
changed by either party by giving wrillen notice of such change to the other party In the
manner provided herein. For the purpose of changing such addressees, addresses
and numbers only, unl9ss and until such written notice is received, the last addressee
and respective address slated herein shan be Cleemed to continue in effect for all
purposes. Notice shall be deemed given in compliance with this Article upon receipt of
automated fax confinnation or upon on the fifth clay after the certified or registered mall
has been postmarked, or receipt of personal delivery.
12. REAL ESTATE BROKERS
Any and all brokerage commissions or lees shall be the sole responsibnity of the Seller
and shan be paid at Closing. Seller shall Indemnify Purchaser from and against any
claim or liability lor commission or lees to any broker or any other person or party
claiming to have been a procuring clause or engaged by Seller es a real estate broker,
salesman or representative, in connection with this Agreement.
13. MISCELLANEOUS
A. This Agreement may be executed in any manner 01 counterparts which
Pogo No. 10
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Aoenda Item No. 6C
- October 23, 2007
Page 12 of 13
together shall constitute the agreement of the parties,
B. This Agreement and the tenns and provislons 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 tlUste&, 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 wr~lng and executed and dated by Purchaser and
Seller. Any amandment to this Agreement shall be binding upon Purchaser and
Seller as soon as It has been executed by both parties.
D. Captions and section headings contained In this Agreement are for
convenience and reference only; In no way do they dellne, describe, extend or
limit the scope or intent of this Agreement or any provisions hereof.
E. All tenns 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 provtslon of this Agreement shall be eIlllCtive unless It Is in
writing signed by the party against whom ~ is asserted, and any waiver of any
provision of this Agreement shall be applicable only to the specffic 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 specifl8d In this Agreement falls on a Saturday, Sunday or legal
holiday, then the date to which such reference is made shall be extended to the
next succeeding business day.
H. If the Seller holds the Property in the fonn of a partnership, 6mited
partnership, corporation, trust or any foon of representative capacity whatsoever
for others, Seller shall make a written public disclosure, according to ~ 286.23, FIa.
Stat., under oath, of the name and address of every person having a beneficial
interest in the Property before Property held in such capacity is conveyed to Collier
County. (If the corporation is registered with the Federal Securities Exchange
Commission or registered pursuant to Chapter 517, Florida Statutes, whose 8lOck
Is for sale to the general public, il Is hereby exempt from the provisions of Chapter
286, Florida Statutes.)
I. This Agreement is govemed and constlUed in accordance with the laws of
the State of Florida.
J. The Effective Date of this Agreement will be the date of execution of this
Agreement by the last signing party.
K. This Agreement and the exhibits attached hereto contain the entire
agreement between the parties, and there are no promises, representations,
warranties or covenants by or between the parties not Included in this Agreement.
No modification or amendment of this Agreement shall be of any force or effect
unless made in writing and executed and dated by both Purchaser and Seller.
L. TIME IS OF THE ESSENCE to this Agreement.
M. Seller may not assign, sublease, or license any rights arising under this
Agreement without the written consent of the Purchaser.
N. The parties hereto agree and acknowledge that this Agreement is not a lease
but rather a contract for occupancy (extended possession) of the Property as e
condition of sale which is not subjecl to Chapter 83, Florida Statutes. The parties
do not intend to invoke any of the obligations or remedies contalned In Chapter 83,
and the tenns and conditions contained herein shall be construed In 8CCOIdance
with the parties intent and shall be given their plain meaning without reference or
application of ~ 83.43, Florida Statutes, or any other portion 01 Chapter 83.
Pogo No. t1
r.
.i\genja Item No, 6C
October 23. 2007
Page13of13
"
IN WITNESS WHEREOF, the patties hereto have executed this Agl1l8ll1llnt on
the date first above written.
Properly acquisition approved by Bce pursuant to Agenda Item No.
dated
AS TO PURCHASER:
DATED:
ATTEST:
DWIGHT E. BROCK, CIeri<
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
JAMES COLETTA, Chairman
~ii2--
Deputy Cieri<
AS TO OW!l:
DATED: -emZ7
4~__.
Witness (Signature)
J~
Approved as to form and
~~er~r A
Heidi F. AShton
Assistent County Attorney
l.atAmMd;2I1107
Page No. 12
Agenda Item No, 8A
October 23. 2007
Page 1 of 91
EXECUTIVE SUMMARY
CU-2005-AR-8748, Ashraf Fawzy, represented by Wayne Arnold, AICP, of Q. Grady
Minor & Associates, P.A., requesting approval of a Conditional Use in the Rural
Agricultural (A) zoning district to excavate in cxcess of 4,000 cubic yards of earth for an
aquaculture facility in the Agricuttural (A) zoning district, per Section 2.04.03 Table 2 of
the Land Development Code (LDC). The subject property, consisting of approximately
15.08 acres, is located at 2060 Tobias Street, in Section 22, Township 49 South, Range 27
East, Collier County, Florida.
OBJECTIVE:
To have the Board of Zoning Appeals (BZA) consider the above-referenced Conditional Use
petition and render a decision pursuant to Section 2.04.03 of the Land Development Code in
order to insure that the community's interests are maintained.
CONSIDERATIONS:
The petitioner requests approval of a Conditional Use for an excavation in excess of 4,000 cubic
yards in order to crcate a lake for the raising of native fish as part of an aquaculture facility in the
Agricultural (A) zoning district, as specified in Section 2.04.03 of the Collier County Land
Development Code (LDC). As native fish aquaculture is a pemlittcd use in the Agricultural
zoning district, it is the approximately 300,000 cubic-yard proposed excavation for the facility's
lake, which exceeds the maximum threshold permitted in the LDC, necessitating Conditional
Use approval. Because the proposcd aquaculture facility site is surrounded on all sides by other
Agricultural (A)-zoned properties and is approximatcly 3JlOO feet from the nearest residence, the
facility would be compatible with neighboring properties and have a minimal impact on the
surrounding area in terms of noise. glare economics or odor. Furthermore, adequate ingress and
egress to the property have been provided, with approval conditioned on the applicant's
maintenance of the affected roadways in a dust-frcc condition for the duration of the lake's
excavation.
FISCAL IMI'ACT:
The proposed excavation will have no fiscal impact on Collier County. There is no guarantee
that the project will maximize its authorized level of development; however, if the Conditional
Use is approved, the subject property will be developed, and the new development will result in
an impact on Collier County public facilities.
-
Thc County collects all applicable impact fees before the issuance of building permits to help
offset the impacts of each new development on its public facilities. These impact fees are used to
fund projects identified in the GrO\vth Management Plan's Capital Improvement Element as
needed to maintain adopted Levels of Service (LOS) for public facilities. Additionally, in order
to meet the requirements of Section 10.02.07(C) of the Land Development Code, fifty percent
(50%) of the estimated Transportation Impact Fees associated with the projcct are required to be
paid simultaneously with the approval of each final local development order. Other fees
Page 1 of 6
Aqenda Item No. SA
, October 23. 2007
Page 2 of 91
collected before the issuance of a building permit include building permit review fees and utility
fees associated with connecting to the County's water and sewer system.
Please note that the inclusion of impact fees and taxes collected are for informational purposes
only; they are not included in the criteria used by Staff and the Planning Commission to analyze
this petition.
GROWTH MANAGEMENT PLAN (GMP) IMPACT:
The subject property is designated Agricultural/Rural, Rural Fringe Mixed-Use District
(RFMUD), Sending Lands on the Future Land Use Map of the Growth Management Plan. The
property is located within the Natural Resource Protection Arca Overlay (NRP A) as well as the
North Belle Meade (NBM) Overlay.
The RFMUD Sending Lands pcrmit aquaculture, and excavation is necessary for the creation of
an aquaculture facility.
The NRPA Overlay specifically provides that Conditional Uses on privately owned lands within
the Sending Lands are those set forth in the RFMUD. Likewise, within the NBM Overlay, the
underlying designation (RFMUD, Sending) determines the allowable uses and densities.
The Future Land Use Element also includes the following language regarding privately owned
lands located in both the NBM and NRPA overlays, such as the subject property:
"Planning Considerations: a. TDRs: Strongly encourage the transfer of development
rights from NBM Sending Areas to other locations within the Rural Fringe or NBM
Overlay outside the boundary of the NRPA, or to the Urban Area."
Based on the above analysis, the proposed Conditional Use may be deemed consistent with the
Future Land Use Element of the Grmv1h Management Plan.
AFFORDABLE HOUSING IMPACT:
Approval of this Conditional Use would have no affordable housing impact.
ENVIRONMENTAL ISSUES:
There are no environmental issues associated with this Conditional Use.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
The Environmental Advisory Council heard this petition at their June 6, 2007 meeting and
unanimously recommended approval (9-0). subject to the following conditions:
I. The results of a Big Cypress Fox Squirrel survey and listcd plant species relocation shall be
provided within 60 days of the Agricultural Clearing Notification approval.
Page 2 016
.'.genda item No, SA
October 23, 2007
Page 3 of 91
2. Copies of all required agency permits shall be submitted prior to commencement of any work
on the site.
3. On-site water wells shall not to be used to fill, replenish, or cycle water through the proposed
aquaculture lake.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
The Collier County Planning Commission (CCPe) hcard this petition at their August 2, 2007
meeting, and voted 4-4 to forward this petition to the BZA without any formal recommendation.
The Planning Commissioners voting in favor of the Conditional Use found the project consistent
with the GMP and the applicable provisions of the LDC; however, those opposed to it denied it
for the following reasons:
1. Inconsistency with the Sending Lands designation of the Future Land Use Element. The
CCPC asserted that the Sending Lands do not pennit cxcavation. Staff comment: As
previously noted, the Sending LandI' do permit aquaculture, and excavation is necessary
.Ii)/" the ereation of the aquaculturefacility.
2. Inconsistency with the Conservation and Coastal Management Element (CCME) of the
GMP, Policy 3.1.1.3, which states that Conditional Uses should only be granted in
extraordinary circumstances and where impacts of the development are isolated from the
Surficial and Intennediate Aquifer. The CCPC felt that the proposed facility did not
constitute an "extraordinary circumstance." Staff comment: It is the Environmental
Services Department's position that this polic)' refers only to the ,Ipecif;c conditional uses
referenced in Policy 3.1.1.1.. a. and g.. of which excavation is not cited.
3. Inconsistency with the Natural Groundwater Aquifer Recharge Sub-element (NGW AR)
of the Public Facilities Element of the GMP, Policies 1.2 and 2.3, which require the
protection of aquifer recharge areas from activities that could degrade the quality of
groundwater as provided in Policy 3.1.1.3 of the CCME (discussed above). The CCPC
expressed concern that the proposed facility could potentially contaminate the Surficial
Aquifer. Staff comment: The Environmentai Services Department contcm]l' that the
excavation is nccesswT fo enahle an agricultural use. Furthermore. the proposed
Conditional UsejiJl' an excavation is not cited as one to be granted only in extraordinary
circumstance!.;,
4. Inconsistency with the North Belle Meade Overlay requirements of the Future Land Use
Element, which require that any new roads within the Sending Lands be designed with
aquatic species crossings, small terrestrial animal crossings, and large terrestrial animal
crossings pursuant to Florida fish and Wildlife Conservation Commission criteria. Staff
comment: Ii) address this issue, staff has included a development condition requiring the
applicant to provide the requisite wildlife crossings beji)re the issuance of an excavation
permit, with the exact number and design of the erossings 10 be determined at the time of
site development plan approval.
5. The location of the project is within the Panther Primary Merit Zone. Slaff comment: the
Florida Fish and Wildlife Conservation Commission has stated Ihat the project is not
Page 3 of 6
,l'qenda Item No, SA
" October 23,2007
Page 4 of 91
likely to affect the Florida Panther. Nevertheless, as noted in the conditions for approval,
staff has always recommended that the applicant be required to seek C(JI1sultation for
necessary mitigation from wildlife agencies that will sign otffor construction on the site
before the first Development Ordcr.
6. Uncertainty about the applicant's degree of commitment to actually construct an
aquaculture facility, rather than simply excavating the site to profit rrom the sale of the
fill. Staff comment: To bolster the applicant's assurances that he will indeed construct
the proposed facility. statf has included a development condition requiring site
development plan approval befiJre an excavation permit can be issued. However, as
volunteered on the record at the CCPC hearing by the applicant's own agent, the
greatest guarantee would be to stipulate that profitsfiYim the excavation be escrowed and
not released to the applicant until a Certificate of Occupancy has been issuedfiir the
aquaculture facility. Staff strongly recommends that the Board make this offer a
condition (if approval.
Because the ccrc did not recommend approval of the requested Conditional Use, this petition
could not be placed on the Summary Agenda.
LEGAL CONSIDERATIONS:
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
detennination by the BZA must be based. The legal considerations are reflected in the ccrc
evaluation of the listed criteria in Chapter I a.OS.D. of the LDC, and signed by each ccrc
member. These evaluations are provided as separate documents that have been incorporated as
an attachment to the resolution. A summary of the legal considerations and findings is noted
below:
1. Granting of the conditional use will not adversely affect the public interest and the specific
requirements govel1ling the individual conditional use, if any, have becn met by the petitioner
and that, furthcr, satisfactory provision and arrangement has been made concerning the following
mattcrs as noted below:
A. The proposed change has been deemed consistent with the goals, objectives, and policies
and Future Land Use Map and the applicable elements of the GMP.
B. The petitioner has provided adequate provisions for ingress and egress to property and
proposed structure thereon.
C. The Conditional Use would not have a negative effect on neighboring properties 111
relation to noise, glare. economic or odor effects.
D. As conditioned, the Conditional Use will be compatible with adjacent propeliies and
other properties in the district.
Page 4 of 6
Agenda Item No, SA
October 23, 2007
Page 5 of 91
As noted in the attached staff report, this petition may be deemed consistent with the above listed
criteria for approving a Conditional Use application, suhject to the development conditions
contained below.
RECOMMENDA nON:
Staff recommends that the Collier County Board of Zoning Appeals (BZA) approve petition
CU-2005-AR-8748, subject to tbe adoption of the following conditions:
1. The use is limited to that depicted on the Conceptual Site Plan (Exhibit C to the Resolution)
identified as "Fawzy Aquaculture Master Site Plan" prepared by Q. Grady Minor and
Associates, P.A., dated January 2005, as revised through June 30, 2006, except as further
conditioned below.
2. Approval of this Conditional Use shall not be construed as approval of the attached
Conceptual Site Plan; the site plan shall be fonnally rcviewed and approved as part of the Site
Development Plan (SDP) process. No variances from any LDC requirements have been
granted as part of the acceptance of the subject site plan. Ifit is detennined that the site plan
is not in compliance with any LDC requirement, the site plan must be brought into
compliance prior to the issuance of any Site Development Plan approval. No excavation
pelmit shall be issued until the SDP has been approved.
3. The amount of excavated material is limited to 300,000 cubic yards.
4. Excavation activities, including removal of material from the subject site, are limited to 18
months from the beginning date of cxcavation, as reponed in thc "Annual Status Report for
Lake Excavation," required to be submitted to thc County Manager or his designee.
5. All scctions of roads impacted by truck traffic generated by the excavation activity shall be
maintained by the owner of the subject site in a dust-free condition for the length of
excavation timc, as reported in the "Annual Status Report for Lake Excavation" to be
submitted to the County Manager or his designcc. Maintcnance of the roads shall also consist
of all matcrial or components of the roads, which include a stabilized subgrade, base and
wearing surface. The sections of road to be maintained include the section on Ashraf Battisha
Road, from the entry to the project site to Fawzy Battisha Aquaculture A venue; the section on
Fawzy Battisha Aquaculturc A venue. from the intersection of Ashraf Battisha Road to Dove
Street; the section on Dove Street, from the intersection of Fawzy Battisha Aquaculture
A venue to Frangipani Street; the scction on Frangipani Street, from the intersection of Dove
Street to loth Street SE; the section on loth street SE, from the intersection of Frangipani
Street to Golden Gate Boulevard; and the section on Golden Gate Boulevard. from the
intersection of 10th Street SE to Collier Boulevard. The County Manager or his designee may
add sections of road to the above list, at hislher discretion.
6. The permitted aquaculture facility shall be limitcd to native species within thc orders of
Ietaluridae and Palacmonidae. If a modification to the products allowed by Aquaculture
Certificate Numbcr AQ5421 03 7 is made, it will require approval from Collier County
Environmental Staff.
Page 5 016
Agenda item No, SA
October 23, 2007
Page 6 of 91
7. This project is within the Panther Primary Merit Zone. Consultation must be sought from the
wildlife agencies for any mitigation required. Staff will ask the agencies to sign off before
work on the site commences with the first Development Order.
8. The results of a Big Cypress Fox Squirrel survey and listed plant species relocation shall be
provided within 60 days of the Agricultural Clearing Notification approval.
9. Copies of all required agency permits shall be submitted prior to commencement of any work
on the site.
10. On-site water wells shall not to be used to till, replenish, or cycle water through the proposed
aquaculture lake.
11. The applicant shall provide wildlife crossings per the North Belle Meade Overlay
requirements of the GMP, with the number and design to be detennined at the time of Site
Development Plan approval, subject to review and approval by the County Environmental
Services Department.
PREPARED BY:
John-David Moss, AICP, Principal Planner
Dcpartment of Zoning & Land Development Review
Page 6 of 6
Item Number:
Item Summary:
Meeting Date:
Page I of I
Agenda Itern No 8A
October 23, 2007
Paye 7 of 91
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
SA
fhis itelll to be heard at 100 p.111 Tllis item continued from tile October 9, 2007 meeting.
Petition CU-20Uri-AR.8748, Ashraf r:awzy, represented by Wayne Arnold, AICP, of Q Grady
Minor & !\ssociates, P.A., rf'quesling approval of a Conditional Use in the Rural Agricultural
tAl zoning dislrictto excavate in excess of 4,000 cubic yards of earth for an aquaculture
facility in Ule f\gricultural (A) zonin~l district. per Section 2,04,03 Table 2 of the Land
Development Code (LDC) Hle subject property, consisting of approximately 15,08 acres, is
IOcf1ted at 2U60 Tobias Slre81. in Section 22, TOWI1Ship 49 South Range 27 East. Collier
County, f~l(JIida
10123/20079:00:00 Afv1
Prepared B,y
John-David Moss
Community Development &
Environmental Services
Senior PI;'HltlPr
Date
Zoning & land Development
9/18/200712:38:59 PM
Ap)lrOHd By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
ErlVironmental Services Admin.
Date
9/19/20071:17 PM
Al'provccJ By
Marlene StCWi1rt
Community Development &
Environmental ServiceS
Exr,cutive Secretary
Date
COllllllunity Dev(~loplllelJt &
EnvinHll1l!'nhll Serv!{:es Admin.
9/19120074:35 PM
A,ppro,'cd B)-'
Ray SI!llow5
Community Development &
Elwironmcntaf SNvices
ChiC!f PlallllCf
Date
Zoning 8. Land Develf)pmcnt Review
9/20/2007 7:42 AM
Afll)l'OVCcJ Hy
Sw;an Murl<lY, AICP
COlllllHlnity DC'velopment &
Environlllentill Services
ZOllill9 & Land Development Director
Date
Zoning & Laml Development Review
9/20/2007 4~26 PM
Apl)rH"ccJ H,y
Joseptl K. Schmitt
Community Development &
Envirollmenti'-ll SNvicflS
ComlTlllllily DeveloplTlE'nt ,'),
Envirollnlpntal 3ervir;es Adlninstrator
Date
Community OcvelopmC'nt &
Environmpnhll Services A(lrnill.
9/25/2007 2:09 PM
Ap)H'oved H)-'
OMB Coordinator
Administralfvf' Serviens
Applications Analyst
Date
Informal ion Tec:htloloqy
9/25/20073:17 PM
AI)lll'ond Hy
Mark Isack~.,ol1
COllnty Mall(1(.ler's Office
Budget Analyst
Date
Office 01 Mall;1qem'C'nt & BlId~let
9125120074:20 PM
Approved B)-'
,James V. Mudd
Board of County
Commission,"rs
County ManagCf
Date
County Manaqer's Office
10/13/200711:10 AM
K~t:II\..ld ILi:::illl-JU. OK
. OJ::tober2LZQ07 _
AGENDA rrF:M1Kct of 91 ..
Co~"Y County
~ ~-- ~
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE: AUGUST 2, 2007
SUBJECT: PETITION CU-2005-AR-8748 (FA WZY AQUACULTURE FACILITY)
PROPERTY OWNER/AGENT:
OWNER: Ashraf Fawzy
2224 Heritage Greens Drive
Naples, FL 341 19-3310
AGENT: Alan V. Roseman
Q. Grady Minor & Associates, P.A.
3800 Via del Rey
Bonita Springs, FL 34134
REOUESTED ACTION:
The petitioner is rcquesting approval of a Conditional Use (CU), as specified in Section 2.04.03
of the Collier County Land Dcvelopmcnt Code (LDC), to excavate in excess of 4,000 cubic
yards of earth for an aquaculture facility in the Agricultural (A) zoning district.
GEOGRAPHIC LOCATION:
The subject property, consisting of thrcc parcels and totaling x15.08 acrcs, is located at 2060
Tobias Strcct, approximately two miles s()uth of Golden Gate Boulevard in Section 22,
Township 49 South, Range 27 East, Collier County, Florida (see location map on the following
page).
PURPOSEIDESCRIPTION OF PROJECT:
'Ibe requested Conditional Use would enable the applicant to constlUct a lake as part of an
aquaculture facility for the raising of native fish. As native fish aquaculturc is a pennitted use in
the Agricultural zoning district, it is the proposed excavation for the facility's lake, which would
require in excess of the maximum 4,000 cubic-yard excavation thrcshold permitted in the LDC,
necessitating Conditional Use approval.
CU-2005-AR.6746
Page 1 of 10
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CONCEPTUAL SITE PLAN
CU-2005.AR-8748
Page 3 of 10
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Agenda Item No, 8A
October 23. 2007
Page 10 of 91
Agenda Item No, SA
October 23, 2007
Page 11 of91
As depicted on the conceptual site plan shown above, entitled, "Fawzy Aquaculture," prepared
by Q. Grady Minor & Associates, P.A. and dated January 2005, as revised through June 30,
2006, the proposed aquaculture facility would be comprised of an 8.85-acre lake, with a food,
equipment and aerator storage building located on its northern shore; a processing. freezing and
product storage building on its western shore; a greenhouse with breeding tanks on its southern
shore; and a temporary trailer, which will eventually be replaced by a single-family house, on its
eastern shore. Associated parking areas would be provided on all sides of the lake adjacent to
these proposed structures. In both the northeastern and southwestern comers of the site, well
easements would be dedicated to the County.
SURROUNDING LAND USE & ZONING:
North:
Unimproved property, zoned Agriculture (A)
East:
Unimproved property, 7"oned Agriculture (A)
South:
Unimproved property, zoned Agriculture (A)
West:
70-foot access easement; then unimproved property, zoned Agriculture (A)
~
SUBJECT
PROPERTY
ZONING MAP
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
The subject property is designated Agricultural/Rural, Rural Fringe Mixed-Use District
(HFMUD), Sending Lands on the Future Land Use Map of the Grov.1h Management Plan. The
CU-20D5-AR-8748
Page 4 of 10
Agenda Item i'-Jo. SA
October 23. 2007
Page 12 of~J1
property is located within the Natural Resource Protection Area Overlay (NRP A) as well as the
North Belle Meade (NBM) Overlay.
The RFMUD Sending Lands pennit aquaculture, and excavation is a necessary for the creation
of an aquaculture facility,
The NRPA Overlay specifically provides that Conditional Uses on privately owned lands within
the Sending Lands arc those set forth in the RFMUD. Likewise, within the NBO, the underlying
designation (RFMUD, Sending) detennines the allowable uses and densities.
The Future Land Use Element also includes the following language regarding privately owned
lands located in both the NBM and NRP A overlays, such as the subject property:
"Planning Considerations: a. TDRs: Strongly encourage the transfer of development
rights from NBM Sending Areas to other locations within the Rural Fringe or NBM
Overlay outside the boundary of the NRPA, or to the Urban Area,"
Based on the ahove analysis, the proposed Conditional Use may be deemed consistent with tbe
Future Land Use Element ofthe Growth Management Plan.
AERIAL PHOTO
CU-2005-AR-6746
Paij65 of 10
Agenda Item No, SA
October 23, 2007
Page 13 of 91
AERIAL PHOTO
ANALYSIS:
Before any Conditional Use recommendation can be heard by the Board of Zoning Appeals
(BZA), the Planning Commission must make a fmding that: I) approval of the Conditional Use
would not adversely affect the public interest; and 2) all specific requirements for the individual
Conditional Use are met; and 3) satisfactory provisions have been made concerning the
following matters, where applicable:
I. Consistency with the Land Development Code and the Growth Management Plan.
As previously noted, the request for a Conditional Use for an excavation in excess of 4,000
cubic yards is sought to allow for the construction of an aquaculture facility, which is an
agricultural use that is consistent with both the Future Land Use Element of the GMP and the
LDC.
2. Ingress and egress to the p.-operty 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.
CU.2005.AR.B74B
Page a of 10
^.@€r\da.ltem No, SA
October 23,2007
Page 14 of 91
As depicted in Exhibit A, entitled, "Vicinity Map," adequate ingress and egress to the site
would be provided along the following route: from Golden Gate Boulevard, south on 10th
Street SE; west on Frangipani Street to Tobias Street; south to Fawzy Battisha Aquaculture
Avenue (an unpaved road); east to Ashraf Battisha Road (a cleared easement); and south to
the subject property.
The Traffic Impact Analysis Report indicates that the excavation activity may generate up to
150 trips per day, or 15 peak hour trips. Transportation Planning staff has required that the
applicant maintain the aforementioned roads in a dust free condition for the duration of the
excavation, as well as maintaining all material or components of the roads, to offset the
impacts of truck traffic (see development condition #5 on the following page).
3. The effect the Conditional Use would have 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 special circumstances, is not
permissible in a zoning district, but may be appropriate if controlled as to number, area,
location, or relation to the neighborhood." Staff believes these control criteria have been met
since the subject site abuts agricultural uses on all four sides and is approximately 3,000 feet
from the nearest residential home. Additionally, the duration of excavation activities for the
8.85-acre lake would not exceed twelve months. Therefore, staff believes that the proposed
aquaculture facility and activity would have a minimal effect on neighboring properties in
terms of noise, glare, economics or odor.
4, Compatibility with adjacent properties and other property in the district.
The subject site abuts otlJer Agricultural-zoned land and is approximately 3,000 feet from the
nearest residential home. Aquaculture is a permitted use, and excavation is an indispensable
phase in the construction process for the proposed aquaculture facility. Therefore, staff
believes that the proposal is compatible with adjacent properties in the district.
ENVIRONMENTAL AOVISORY COUNCIL RECOMMENDA nON (EAC):
At their February 15, 2007 meeting, before rendering a decision, the Collier County Planning
Commission requested that this petition be sent to the Environmental Advisory Council (EAC)
for hearing. The EAC heard the petition 011 JUIlC 6, 2007 and unanimously recommended
approval (8-0), subject to the following conditions:
J. Results of a Big Cypress Fox Squirrel survey and listed plant species relocation shall be
provided within 60 days of the Agricultural Clearing Notification approval; and
2. Copies of required agency pemJits shall be submitted before approval of the Conditional
Use; and
3. On-site water wells shall not to be used to fill, replenish, or cycle water through the lakc.
These recommendations, as modified, have been incorporated into the development conditions
CU.2005-AR~748
Page 7 of 10
Agenda Item No. 8A
October 23. 2007
Page 15 of91
included on the following page and attached to the Resolution as Exhibit D.
NEIGHBORHOOD INFORMATION MEETING (NIM):
(Synopsis provided by Pam Nickells, Planning Technician).
The applicant's agent held the required NIM at 5:30 p.m. on March 29, 2006, at the Max Hasse
Community Center, In attendance werc the petitioner's agent, the applicant and his wife, County
staff, and one member of the public, Mr. Rollo Migliazzo. Mr. Migliazzo stated that he owns 22
acres in northeast Section 22, and additional acreage in the Estates. His main concern regarding
the proposed use was the impact on the surrounding neighbors of trucks hauling material from
thc site and road distress caused by the project. However, he was also concerned about the job
not being finished in a reasonablc time, if at all. Mr. Fawzy assured Mr. Migliazzo that the
project would be complete within one year, as it would only take approximately six months for
the excavation and removal of matetial from the site. He also stated that after six months to one
year, he could start selling fish, which would require just one truck per week to the site. Mr.
Fawzy said he would take full responsibility for all road maintenance. Mr. Migliazzo stated he
was supportive of the project.
STAFF RECOMMENDATION:
Staff recommends that the Collier County Planning Commission (CCPC) forward petition CU-
2005-AR-8748 to the Board of Zoning Appcals with a recommendation of approval subject to
the adoption ofthe following conditions:
1. The use is limited to that depicted on the conceptual site plan identified as "Fawzy
Aquaculture Master Site Plan" prepared by Q. Grady Minor and Associates, P.A., dated
January 2005, as revised through June 30, 2006, except as further conditioned below.
2. Approval of this Conditional Use shall not be construed as approval of the attached
conceptual site plan; the site plan shall be formally reviewed and approved as part of the Site
Dcvelopment Plan (SDP) process. No vatiances from any LDC requirements have been
grrolted as part of thc acceptance of the subject site plan. If it is determined that the site plan
is not in compliance with any LDC requirement, the site plan must be brought into
compliance prior to the issuance of any site development plan approval.
3. The amount of excavated material is limited to 300,000 cubic yards.
4. Excavation activities, including removal of material from the subject site, are limited to 18
months from the beghming date of excavation, as reported in the "Annual Status Report for
Lake Excavation," reqnired to be submitted to the County Manager or designee.
.
I
I
I ._.
5. All sections of roads impacted by trock traffic generated by the excavation activity shall be
maintained by the oWller of the subject site in a dust-free condition for the length of
excavation time, as rcported in the "Annual Status Report for Lake Excavation" to be
submitted to the County Manager or designee. Maintenance of the roads shall also consist of
all material or components of the roads, which include a stabilized sub grade, base and
wearing surface. The sections of road to be maintained include the section on Ashraf Battisha
Road, from the entry to the project site to Fawzy Battisha Aquaculture A venue; the section
CU-2005.AR-8748
Page 8 of 10
Agenda Item No. SA
October 23. 2007
Page 16 of 91
on Fawzy Battisha Aquaculture Avenue, from the intersection of Ashraf Battisha Road to
Dove Strcct; the section on Dove Strcet, from the intersection of Fawzy Battisha
Aquaculture A venue to Frangipani Street; the section on Frangifani Street, from the
intersection of Dove Street to lOth Street SE; the section on 1 at street SE, from the
intersection of Frangipani Street to Golden Gate Boulevard; and the section on Golden Gate
Boulevard, from the intersection of lOth Street SE to Collier Boulevard. The County Manager
or his designee may add sections of road to the ahove list, at hislher discretion.
6. The pcmlittcd aquaculture facility shall bc limitcd to native spccics within thc orders of
IctaJuridae and Palacmonidae. If a modification to the products a1lowcd by Aquaculture
Certificate Number AQ5421 037 is made, it will require approval from Collicr County
Enviromnental Staff.
7. This project is within the Panther Primary Merit Zone. Consultation must be sought from the
wildlife agencies for any mitigation required. Staff will ask the agencies to sign off before
work on the site commences with the first Development Order.
8. TIle results of a Big Cypress Fox SquirrcI sUTVey and listed plant species relocation shall be
provided within 60 days of the Agricultural Clearing Notification approval.
9. Copies of all required agcncy permits shall be submitted prior to commencement of any work
on the site.
10. On-site water wells shall not to be used to fill. replenish, or cycle water through the proposed
aquaculture lake,
CU-2005.AR-8748
Page 9 of 10
Agenda Item No, 8A
October 23, 2007
Page 17 of91
PREPARED BY:
~'fl- .-19-0 n.-
JOHN-DAVID MOSS, AICP, PRINCIPAL PLANNER
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
7/I],J07
DATE
RE
ZKOW
SISTANT COUNTY ATTORNEY
7-0-7
DATE
D V. BELLOWS, ZONING MANA J
ENT OF ZONING AND LAND DEVELOPMENT REVIEW
7-/2.- 07
DATE
~ Yh. /L;'~
Su,gAN MURRA Y ISYENES, AICP, DIRECTOR
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
/ L//; /07
ATE '
APPROVED BY:
~A. 7/L?47
H K. SCHM TT ADMINISTRATOR -- { DATE
MUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
l .1'1, ......
,X]t"'""'.-.......
MARK P. TRAIN, CHAIRMAN
8'- z ro~
OAT
CU-2006-AR-8748
Page 10 of 10
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Agenda Item No, 8A
October 23, 2007
Page 19 of 91
APPLlCA nON FOR PUBLIC HEARING FOR: CONDITIONAL USE
Petition No.:
Date Pctition Rcceived:
Commission District:
Planner Assigncd:
ABOVE TO BE COMPLETED BY STAfF
1 . General Information
Name of AppJicant(s) t\,sl!xaf Fawzv
Applicant's Mailing Address 2224 Heritage Greens Drive
City Naples
State Florida
Zip 34119-3310
Applicant's Telephone # (139) 59Gc~059
Fax #
Applicant's [-Mail Address:
Namc of Agcnt Alan V. Roseman
Firm O.Gradv Mjn_or,Q,:_,6"ssociates, P,;\'
Agent's Mailing Address 1 1 940Fairw<;l\ Lakes Drivc, Ste. 6
City f{)J1JIJY,e,rs
Slate Floricla
Zi 33913
P ~~,__,___
Agent's Telephone # (139) G90-4380,.m, ... _ ___,Fax # (239) 768-0291
^uenl's E-rvluil Address: arosenlalv(l',pradvminol'.colll
o _.._..._.___.~_._._._'-Ct _m __...>-
"' Be aware that Collier Coun!\' has lohbyisl regulations. C,uide yourself accordingly and ensure
that you are in compliance with these regulations.
..\.PI)I.ICATIO:"i fi(H{ Pl nt.le 111':'\Rl"t~_.!l!H_!Jl.~PJJJ<)~c\l, (SE ,-I/I~f'lJ
Agenda Item No, 8,l;
October 23,2007
COLLIER COLJNTY COMMUNITY DEVELOPMENT Page 20 of 91
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
2800 N. HORSF:SHOE DRIVE - NAPLES, FL 3-H04
PHONE (941) 403-2400/FAX (941) 643-6968
Complete the following fllr all Association(s) affiliated with this petition. (Provide additional
sheets if necessary)
Name of Homeowner Association: N/A
Mailing Address
City
State _ Zip
Namc of Homeowner Association:
Mailing Address
_ City
State '_~ Zip
Name ofIIomeowner Association:
Mailing Address
__City
__ State _ Zip_,
Name of Master Association:
Mailing Address
City
State
Lip
Name of Civic Association:
Mailing Address __.,,___''.
City __
State _._ lip
2. Disclosure of Interest Information:
a, If the property is owned fee simple by an I[\;DIVIDlJ!\L. tenancy by the ~ntir~IY,
tenan~y in eomll1on. or joint tenancy, list all parties with an OIvnership interest as well
as the percentage 01' sllch interest. (lJs~ additional sheets if necessnry).
Name ancl Address
Ashraf Fawzv
2224 lIeritage GI~fDS Drive
Naples. Fl. l-+ 119-331 (~ ,
r~t'Cclltagc of U\\'lH::r~hip
100%
.\I~l'ucxno:\' FOR 1'( 'UI.I(' IIF:..\I-U:--;(; FOR ("O.,\f)IT10:'\,\I, t 'SE _ -I/''''/IIJ
~
b.
Agenda Item No. SA
October 23, 2007
Page 21 of 91
If the pro pert: is owned by a CORPORATION. list the officers and stockholders and
the percentage of stock owned by each.
Name. Address and OlIie.
Perc~ntage of Stock
c. If the property is in the name of a TRUSTEE. lisl the beneficiaries of the trust with
the percentage of interest.
Name and Address
Percentage of Interest
d. If the property is in the name of a GENEH.i".L or LIMITED I'ARTNERSIIIP, list the
name of the general and/or limited partners.
Name and Address
Percentage of Ownership
e. If there is a CONTRACT FOR PURCHASE. with an individual or individuals. a
Corporation. Trustee. or a Partnership, list the names of the contract purchasers
below. including the ot'ticers. stockholders, bcncliciaries. or partners.
Nnlllc and Address
Percentage or Ownership
Date of Contract:
~\I'rLlf:-\TIO.\' FOR PI"Ill.1( ~Hr.\IH"C Hm. ('O"OITlO'.\L {SF - ,~!lJ/ft1
Agenda Item No, 8A
October 23, 2007
L If any contingency clause or contract terms involve additional parties. 1fflle iff! of 91
individuals or ot1icers. if a corporation. partnership. or trust.
Name and Address
g. Datc subject property acquired (X) leased ( ):lO/L~!Q2 Term of lease _yr./mos.
If, Petitioner has option to buy, indicate date of option:
terminates: _, or anticipated closing date
and date option
h. Should any changes of ownership or changes in contracts for purchase subsequent to
thc datc of application. but prior to the date of the final public hcaring. it is the
responsibility of the applicant, or agent on his behalf, to submit a supplemcntal
disclosure of interest form.
3. Detailed ICl!aI description of the property covered bv thc 3JlDIication: (If space is
inadcquate, attach on separate page.) If rcquest involves change to morc than one zoning
district, include separate legal description for propel1y involved in each district. Appiicant
shall submit four (4) copies or a recent survey (completcd within the last six months,
maximum I" 10 400' scale) ifrequired to do so at the pre-application mecting.
NOTE: Thc applicant is responsible for supplying thc correct Icgal description. If questions
arise conccrning the lcgal description, an engineer's cet1ification or scalcd survey may he
required.
Section: ---1L~, Township:
49
Range:
27
Lot: ,
Block: 22.23 .24
Subdivision: LQQ___~_
Plat Book
Page #:u___,__~~ Property: OI,l)J}5,1lI,l004. 0011256005 & 0031256006
Metes & Elounds Dcscription: Lcual Description As Provided: TI:!'uYV,!I'_QfJh!;_NI/2. (lX
thc S y,. of the NY,. of the S Y,,_oJjhcJ\E :/,: Icss thc West :;5 feet thcrcof. dcdicatedlc)r
rO.<!Q,Pllrposes: and the Vi Y, orthe S ~/,. o('the S ,1',_Qfthe N Y'",Qfthe_~ y,. oUhc]\iL y~:
Icssthe West :;5 feet tl',creo(,,,,iedicated IC11' road purposes: al1d \V 'I, or the NY,. or the N 'Y,.
of the S Yo. or the S Yo. or the l\LX,;,l9~thc 'v.'6cst}5 fcctthcreof. c1eclicated,loj'road
purposes. all iI';nu 'lw:LQeinginsecl,on 22. [o,,"ship 49 south, ran1!C 27 I':"st. Collier
Countv. florid!l,
APPUCA Tlo.' FOn. Pl-UI.I(. IIF.-\HI'\G FOR ('O'nITIO'.\I. I-SF: _ -I/1~fOj
4.
Size of property: 197.4!t. X 1321.011. ~ Total Sq. Ft. _ Acres \ 5.08
Agenda Item No, 8A
October 23, 2007
Page 23 of 91
5. Address/2enerallocation of suhiect property: 2060 Tobias Street
6. Adiacent zonin!! and land use:
Zoning
Land use
NAG
Vacant
S AG
Vacant
E AG
Vacant
WAG
Vacant
Does property owner own contiguous property to the subject property? If so. give complete
legal description of entire contiguous property. (If space is inadequate, attach on separate
page). N/A
Section:
Township:
_ Range:
Lot:
Block:
Subdivision:
Plat Book
Page #:
Properly:
Metes & Bounds Description: ""
7. Tvpc of Conditional Use: This application is requesting conditional use # CU-AR-8748 of
the ;\G district for IfYI'r: 0[' lSLi Extraction
Present Use of the Property: Vac~mt
8. Evaluation Criteria: Provide a narrative statement describing this request 1'01' conditional
use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code,
stairs recommendation 10 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 usc. if any. have been met. and
that fUl1hcr. satisfactory provision and arrangement have been made concerning the
c\PI'UC\TIO' FOR prBLlC nF.,-\Rt'\C FOR CO:\"[)ITIO:\"AL r.I.a:. .an~IOJ
Aoenda Item No. SA
"October 23.2007
following matters, where applicable. Please provide detailed response to eachPOO't~ of 91
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 Lund Development Code
and Grovvth Management Plan (include information on how the request is consistent
with the applicable scction or portions of the future land use clement):
LDC allows excavatj,o.!.ls as~a, <:sJnditional us~j[ the e,x<;,avation amount is in exce~s of
4,000 cu. vd. The subject pronertv is designated A~riculture on the Fllture Land Use
Map of the Growth ManaQement Plan. The requested conditional use is consis1ent
with the Collier Countv LDC.
b. Descrihe 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:
InQress and E~ress to the propeliv wil] be from Golden Gat~_ Blvd,
South on SW ] 0'1> Strcct 10 Franl.!ipani. West to Dove Street. South to an unpaved road
(FawzvBattisha Aquaculture A vel West to a cleared easement ( Ashraf Rattisha Road)
and South tQJlSQRertyJSee Attached Exhihit .'A").
c. Describe the eilecllhe condition~li use will have on neighboring properties in relation to
noise. glare. economic impact and odor: The only elfect & the conditions use wil1hll~
on neighborinl.! pr,921SJ;tiv,,-"will be the removaIi,lflllC matcrial from the excavation of
th~--,,\guacultllrc l.ake which should be approximatelv a six (G) month to a veal' process.
The nearest residence rrOl11 thc sitc is apgro~il11a[clv3,OOQ_ctfe~t"
d. Dcscribe thc site's and the proposed use's compatibility \lith adjacent properties and
other propertics in the district: The proposed use or the propertv is for Gencral Native
Aquaculture. This is a_,gllllli!tjl)kllscj)1lht'~i\Q dis)licJ-,vhit'IL~llglIJQullding
pmperti~s are in.
e. Please provide any additional inl()!"!llation "hieh )'oulTIay reel is relcvam to this
request.
Onc,~Jhe_ cc!nstrI.lt'lion of the Ink" is complete the stockin~ of the !ish wiil take
glace with approximatelv lith (50) cages being constructed and put in plnce with
AI"'U(:ATIO:'\ FOR Pl"IH.fC HE:\IU\:G FOR co:'\nITIO'\;\I. l SE ~..Vl"IOJ
Agenda Item I~o, SA
October 23,2007
about 1.000 fish per cal.!e. The actual harvesting will take plage about everv 4-6 fi'ffllttJi's'i of 91
with onlv small deliverv trucks being used to transport fish to customers.
The accompanying site plan shows the possible location of one (I) residential strueture
with adiacent parking along with one (I) future location of processing area. Freezer
and Storage area. One (1) future location of Food, Equipment and aerators storage,
and one (I) location of greenhouse and breeding tanks. These areas will only be used
for items used in cQ"j unction with the operation and not for out?J;le uses. The existing
access easement to the site has already been cleared and Fawzy Aquaculture wi II
construct the necessary roadway to thc proiect. Fawzy Aquaculture will also be
responsible for the maintenance repairing of the aceess route during the process of
removing the excess material from the site.
9. Deed Rcstrictions: The County is legally precluded from enforcing deed restnctlOns;
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.
10. Previous land usc pctitions on thc subicct 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
II, Additional Submittal rCQuiremeuts: In addition to this completed application. the
following must bc submitted in ordcr for your application to be deemcd sufficicnt, unless
otherwise waivcd during the 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 8Y'" x II"
copy of site plan]. drawn to a maximum scale of I inch equals 400 feet. depicting the
following [Additional copies of the plan may be requested upon completion of staff
cvaluation for distribution to the Board and various advisory boards such as the
Environmental Advisory Bomd (F.AB), or CCPC!;
. all existing and proposed structures and the dimcnsions thereof.
. provisions for existing and/or proposed ingress ancl egress (induding pedestrian
ingress and egress to the site and the structure(s) on site),
ilPPLlC\TIOS fOR PlIH.lC IIE.\IU\G FOB. co,nITIO\,.\1. \SE.- MI4/t1J
Agenda Item No, 8.A,
October 23, 2007
· all existing andlor proposed parking and loading areas [include matrix indic~tJRg 26 of 91
required and provided parking and loading, including required parking for the
disabled],
· locations of solid waste (refuse) containers and scrvice function areas,
. required yards, open space and preserve areas,
. proposed locations for utilitics (as well as location of existing utility services to the
site),
. proposed and/or existing landscaping and butTering as may be required by the
County,
· location of all signs and lighting including a narrativc statement as to the type,
character, and dimensions (such as height, area, etc.):
c. An Environmental Impact Statement (EIS), as required by Scction 3.8. of the Land
Development Code (LDC).
d. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken
witbin 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 Systcm.
e. Statement of utility provisions (with all required attachments and sketches);
f. A Traftie Impact Statement (TIS), unless waived at the pre-applicationmeeling:
g. A historical and archeological surveyor waiver application if propcrty is locatcd
within an arca of historical or archaeological probability (as identilied at pre-
application meeting):
h. The petitioner must provide a Ictter of no objcction from the United States Postal
Service prior to submittal of the application. Please colltact Robert M. Skehe.
Grovdh Managemenl Coordinalor at:
L.S. Postal Serviee
1200 Goodlette Road
I\aples. l'lmida 34102-9998
Phone (239) 435-2121: Fax (2J9) 435-2 I 60
i. Any additional rC'luircmc11lS as may be applicahle to specitie conditiollal uses and
idcntitied during the prc-application mceting_ inclucling but not limited to any required
state or federal permits.
Bc adviscd that Scction 2.7.203.2 (3) of thc Land Dcvelopmcnt Codc rcquires an
applicant to remove their public hearing sign (s) after final action is taken hy
the Board of County Commissioners, Rased on the Board's final action on this
item, please remove all public heal'ing advcI'tising sign(s) immcdiately.
Al'PLlC\Tlo.\ FOR PCRLIC IlL\RI\c; FOn. CO'\rHTlO\Al. I,sr _ .JII.JIIJ]
Agenda Item No, SA
October 23. 2007
Page 27 of 91
STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUEST
1. NAME OF APPLICANT: AshrafFawzv
2. MAILING ADDRESS: 2224 Heritage Greens Drive
CITY
ZIP
3. ADDRESS OF SUBJECT PROPERTY (IF A V AILABLE):
2060 Tobias Street
4. LEGAL DESCIUPTlON:
Scction:
22
Township: 49
Rangc:
27
Lot:
Block: 22.23.24
Subdivision: 100
Plat Book
Page #:_ Property 1.0.#: 00312560004. 003125iiJI05. & 0031256006
Metcs & Bounds Dcscriptiou: See Attached Lellal DescrijJtion
5. TYPE OF SEW AGE DISPOSAL TO BE PROVIDED (Chcck applicable system):
a. COUNTY UTILITY SYSTf:M 0
b. CITY UTILITY SYSTEM 0
c. FRANCHISED UTILITY SYSTEM 0
PROVIDE NAME
d. I'ACKAGE TREATMf:NT PLANT 0
(GPD capacity)
e. SEPTIC SYSTEM X
6.
TYPE OF WATER SERVICE TO BE PROVIDED:
a. COUNTY UTILITY SYSTEM
b. CITY UTILITY SYSTEM
c. FRANCHISED lTlLITY SYSTEM
I'ROVIDE :'\lAME
d. PRIVATE SYSTEM (WELL)
o
o
o
x
._\llPIICATIO' FOH N"Hl.!C HEARl"; nm CO'DITlo.\.-H. lSE - -I/1-1m3
Agenda Item No, 8A
October 23, 2007
Page 28 of 91
7. TOT AL POPULATION TO BE SERVED: 2 ERCS
8.
PEAK AND A VER,<\.GE DAILY DEMANDS:
A. WATER-PEAK AVERAGE DAILY
B. SEWER-PEAK AVERAGE DAILY
250
250
9. IF I'ROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL
WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO
BE REQUIRED: NA
10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and
schematic drawing of sewage treatment process to be used as wel! as a specific 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 professional engineer.
1 I. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located
within the services boundaries of Collier County's utility service system, written notarized
statement shall be provided agreeing to dedicate to Collier County Utilities the water
distribution and sewage collection facilities within the project area upon completion of the
construction of these facilitics in accordance with all applicable County ordinances in effect
at the at time. This statemcnt shall also include an agreement that the applicable systcm
development charges and connection fees will be paid to the County Utilities Division prior
to the issuance of building permits by the County. If applicable, the statement shall contain
shall contain an agreement to dedicate the appropriate utility easements for serving the
waleI' and sewer systems.
12. STATEMEl\T OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS:
Unless waived or otherwise provided for at the pre-application meeting, if the project is to
receive sewer or potable water services {I'OIll any provider other than the County. a
statement from that provider indicating that there is adequate capacity to serve the project
shall he provided.
t'lilit~.I}r()vj,i!ln SIHtl'IIIl'IlIIU't 10/1:1<)7
AP')L!C,.\TI(f\ FOl~ Ill'DLlC IlF\HI.'\(; FOR CO'IHTIO",\ll 'Sf - 4!l4mJ
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
6968
Agenda Item No, SA
October 23, 2007
Page 29 of 91
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 403.2400 FAX (239) 643-
(i)
CU-2005-AR.8748
PROJECT #2005050011
DATE: 12/13105
MICHAEL DERUNTZ
CONDITIONAL U~~1>tTITION '. '
".'.
:" ..e. ,. '. - ,~-
PRE-APPLICATION MEETING NOTES
& SUBMITTAL CHECKLIST
Date: G' ~ . 0$
Time: ,: 1"5
Planner: 0.....0' \.,)1t'- VA.-t F......
Project Name:
F It tv 2.>f.
A mt.) c:ft. LeJ l~
r
Project AddrjLocation: II 8.3
4 G Ip;o~ ~
,,+
Applicant Name: 1\). \-.f"~
~ o,,\.U~
Phone: :17 J- ~ ;). S 44-
Firm:
~J M ~""''l<c..
Type of Petition:
C\J
Current Zoning:
~
Owner Name: ;1 s'r\<'e. \?-
c:' 0" w z.../
.
Owner Address, 'd- ~ ~ v,"'~r'.-\-'1~~ ~y-e.", \ dy,/ Phone: :2 '2,c;- .')7)- ,)2,4'1
~e~#rig A#\ill.&e~~: (!!H~c~ ~iggf1!$h~\ld
SUBMITTAL REQUIREMENTS:
[gj. 20 copies of Application, completed
\8- (1 ....JclitiollOl ~'W't ;r lo......de.a in th.e Bey6Rera/Cett............y TrlQo!:}l,=, R=J~;;"..wl....t'IU~1I1 Art;y) 4
Igj One (1) Addressing Checklist signed by Addressing Dept '
~ 20 copies of Pre-application meeting notes
~ 20 copies of Conceptual Site Plan 24" X 36" plus (one B V, X 1 \ copy)
t8I
~
Two (2) Copies of Deed(s)
Completed Owner I Agent Affidavits, Notarized
Four (4) Environmental Impact Statement (EIS), o(wafv;')
FIve (5) Aerial Photographs (taken within the previous 12 months)
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Aaenda Item No, 8A
- October 23.2007
Page 30 of 91
Seven (7) Traffic Impact Statement (TIS), or waiver
Four (4) Historical and Archeological Survey, or waiver t . \.,.\
Copies of State and/or Federal Permits ~ :;:s.?~ e
Fg"r (<I) ^ ..~Rltril;t..red R91=1~.o.rlng nf. Prl"lri"'l!:"Arl ~trllrt....
Electon1c copy of all documents and plans (CD ROM or Diskette)
Letter of no obieclion from the United States Pastal Service. Contact Robert M.
Skebe at (239) 435-2122.
Pre-application Fee $500.00 (Applications subml"ed 9 months or more after the date of the
la.t pre-app meetlns shall no! be credited toward. application fees and a new pre-
application meeting will be required.)
D $4,000.00'
j-- $ 1 50.00
$300.00
D $729.00
D $363.00
D $1,600.00
OTHER REQUIREMENTS:
o
o
o
o
Application Fee
Fire Code Revlew
Comprehensive Planning Consistency Review
Estimated Legal Advertising Fee - CCPC Meeting
Estimated Legal Advertising Fee - BCC Meeting
[any over- or under-payment will be reconciled upon receipt of
Invoice from Naples Dolly News).
EIS Review, if required
*$1500.00 If flied In coniunction
with a rezone petifion
NOTES:
~ri?.J uJ J+::L.JJC("J ,\d~\O"'~ clJL-\trIY'\I\.C-\,~\4'\
'-DC..- 10 ' 03 - ris B - F .QW ~ I vU:.M.ENTS: I-fex_o NE1GH &I'2.HDCl:> f /J R;l2/h1t-77 CJI.J
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Date
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ADDRESSING CHECKLIST
Agenda Item No, 8A
October 23,2007
Page 32 of 91
Please complete the following AND FAX (239-659-5724) OR SUBMIT IN PERSON TO THE
ADDRESSING SECTION. FORM MUST BE SIGNED BY ADDRESSING PERSONNEL PRIOR TO PRE-
APPLICATION MEETING. Not all items will apply to every project. Items in bold type are required.
I, Legal description of subject property or properties (copy of lengthy description may be attached)
_~_~-z...-: t...f9 - '2-r f ~ d-d--. '&.3 ':;)Lj
,
2. Folio (Property ID) number(s) of above (attach to, or associate with, legal description ifmore than one)
---<:2tJ31-;;{t"L( OOOl..o, OO::>>~:.5'Co DOCS- 003\ ~(n ooOOLf
P.,,('c-e.-\ ~'-\' 0" c<-\ d ~' -fJc-r(~\ d~
3. Street d ess or addresses (as a Iicable, if already assigned)
4. Location map, showing exact location of project/site in relation to nearest public road right-of-way (attach)
5. Copy of survey (NEEDED ONLY FOR UNPLA TIED PROPERTIES)
6. Proposed project name (if applicable)
7. Proposed Street names (if applicable)
8. Site Development Plan Number (FOR EXISTING PROJECTS/SITES ONLY)
SDP
9. Petition Type - (Complete a separate Addressing Checklist for each Petition Type)
DSDP (Site Development Plan)
o SDPA (SDP Amendment)
o SDPI (SDP Insubstantial Change)
o SIP (Site Improvement Plan)
o SIPI (SIPI Insubstantial Change)
o SNR (Street Name Change)
o Vegetation/Exotic (Veg. Removal Permits)
o Land Use Petition (Variance, Conditional Use,
Boat Dock Ext., Rezone, PUD rezone, etc.)
c;:j Other - Describe: (o",-~\-\-1'o __\ 1.>--\ e
o PPL (Plans & Plat Review)
o PSP (Preliminary Subdivision Plat)
o FP (Final Plat)
o LLA (Lot Line Adjustment)
o BL (Blasting Pemlit)
o ROW (Right-of-Way Permit)
o EXP (Excavation Permit)
o VRSFP (Vcg. Removal & Site Fill Permit)
o TDR (Transfer of Development Rights)
10. Project or development names proposed for, or already appearing in, condominium documents (if
applicable; indicate whether proposed or existing)
I ] . Please Check One: 0 Checklist is to be Faxed Back 0 Personally Picked Up
12. Applicant Name ~.r~_B::vJ ~T, Phone Fax
13. Signature on Addressing Checklist docs not consti ute Project and/or Street Name approval and is subject to
further review by the Addressing Section. CU-2005-AR-8748
PROmCT #2005050011
DATE: 12/13/05
MICHAEL DERUNTZ
FOR 8T AFF USE ONLY
Primary Number J I 'b S
Address Number ~Z3-
Address Number ...., \ <6<.(
Address Number
Approved by JL~_,f ~____ Date \ 0>. S' - D5
"
EXHIBIT" A"
FAWZY AQUACULTURE
PROPERTY DESCRIPTION
Agenda Item No. 8A
October 23, 2007
Page 33 of 91
C>-
E
~THE WEST 1/2 OF THE NORTH 1/2, OF THE SOUTH 1/2. OF THE NORTH 1/2.
-0 OF THE SOUTH 1/2. OF THE NORTHEAST 1/4: LESS THE WEST 35 FEET THEREOF.
CcDEDICATED FOR ROAD PURPOSES: AND THE WEST 1/2 OF THE SOUTH 1/2. OF THE SOUTH 1/2,
c:. OF THE NORTH 1/2. OF THE SOUTH 1/2, OF THE NORTHEAST 1/4: LESS THE WEST 35 FEET THEREOF.
8 DEDICATED FOR ROAD PURPOSES: AND WEST 1/2 OF THE NORTH 1/2, OF THE NORTH 1/2, OF
V; THE SOUTH 1/2. OF THE SOUTH 1/2. OF THE NORTHEAST 1/4: LESS THE WEST 35 FEET THEREOF, DEDICTED
(; FOR ROAD PURPOSES, ALL LYING AND BEING IN SECTION 22, TOWNSHIP 49 SOUTH. RANGE 27 EAST
C>-
. COLLIER COUNTY, FLORDIA.
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October 2:!. 2U0'1
Page 34 of 91
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CU-2005-AR_8748
PROJECT #2005050011
DATE: 3/29/06
CAROLINA VALERA
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FOLIO NBR
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o October 23.2007
CU-2005-AR-8748 Page 44 of 91
PROJECT #2005050011
DATE: 12113105
~C~~i~~;~T~ j{tler~
AFFIDAVIT
WelL _Ashraf Fawzy being first duly sworn, depose and say that wel!
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 supplementalY matter attached to and made a
part of this application, are honest and true to the best of our knowledge and belief Wel!
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 Wel!further authorize _Q. Grady Minor & Associates, P.A._ to act as
our/my representative in any matters regarding this Petition.
Signature of Property Owner
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Signature of Property Owner
Typed or Prillted Name (J!Owner
!~ S ,H Ply F (/9 Lv L(
Typed or Printed Name of Owner ,
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The foygoing 'Ilstrume(!t wiE/acknowledged before me this ~ day of Jf 0' J'
20 ~ by /'.....-t-. 4-., . who is personallv known to me or has produced
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_._ _as idel ti catioll. -
State of Florida
County of Collier
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(Signature of Notary Public - State of
Florida)
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APl"UCATION FOR PUBLIC HEAR[NG FOR CONDITIONAL USE ~ 4/14/03
~
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PREPARED WITHOUT OPINION BY:
GARY 1. HAUSLER, ESQ.
950 North Collier Blvd., Suire 301
Marco Island, Florida 34145
w 3281422 OR: 342"gM~a Oc&~eIM~A
IlCOlD!! I' &I!ICIAlIIC&lIIS of COL\1li~m1?::n 2007
lalll/llol .t OI:!l1Il OIIGl1T I. BlOet. amoe '4~ of 91
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lIem 1.00
D&C.,10 m.l&
ittn:
Folio Nos. 00312560005/00312600004/00312640006 tSIIIO lULl GO!J.),JIllGllCl I
HCIlJP
WARRANTY DEED
This Warranty Deed, made this -1.Sl:h day of Dc toher , 2003, by JOSE L -
SANTACRUZ and THELDRA F. SANTACRUZ, Individually and.. Trustees under the
Jo,.1. And Theldra F. Santacruz Revocable Living Trust dated March 16.2001, whose post
office address i, 3214 W. Cypress Street, Tampa, FL 33607, hereinafter called the Grantor.
to ASHRAF A. FA WZY, a married man, who,e po,t office address is 2224 Herilng<: On:on
Drive, Naples, FL 34119, hen:inaller called the Grantee.:
Witnesseth: That the Grantor, for and in consideration of the sum ofTen and no/IOO
Dollars and other good and valuable considerations, rn:eipi whereof is hereby acknowledged,
hereby grants, bargains and sells aliens, remises) releases, conveys and confirms unto the
Grantee all tbat certain land situate in Collier COWlty, State of Ftorida) viz:
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The West If, of Ibe North y~ of the Soulb V, of the North If" of the South v" of the Northe....t
V.; less the West 35 feet thereof, dedicated for road purposes; AND
The West II, of1he South V, of the Sou1h \oS of the North II, oflbe South V, of the Northeast v.;
less the West 3S teet thereof, dedicated for road PlUJloses; AND
The West \oS of the North V, of the North y, of the Sooth V, of the Northeast \0\, less the West
35 feet thereof, dedicated for road P~iJli!>g and being in Section 22, Township 49
South, Range 27 Eas~ of the Pub tt~OO.vcounty, Florida.
Subject to easements, r-drictions ~ "\.; tions orroto~..(1- or lhe current year and. thcreafLa.
THIS IS VACANT LAND ~ H
NOR IS IT CONTIGUOU T~'
TOGETRER,witn&tlthetenc 0 c I d ~elon 'rrg'orlnB.llywisC',Ilppertaining.
AND.Gmnlorsdohl:rcbyco t-', withsaidGrnnleesthat eG nto ~ awfu}lysciz:edofsaid land in fee
li:imple; that the Qranlom have . gb1 and lawfW a~o U d-Wnvc)' said land, and ~y warrant
ti= tiUc to said land 1lI.lQ wnt d ~ againat tho: law . r4.ll p:<:TWn5 whomsoever; and that s.nid
land is free ofllli encwnbnwces, ex ~f~~~L~~ CWTCnt year.
""l'fq "': G;y" .
IN WITNESS WITEREOF, r.aid Grantor has $igll 'ai;i! ~h~<t~t prr:stnts the OilY a year first lIoo\'O:: wnttl:n.
~~~
J 1. SANT AC tUz,
Individually and as~ru tee
c~J
THELDRA F. SANTACRUZ"
!ndividually and as Trustee
I:'u~~~a
~\!i~l .'
*~i~\\ld___
WilnC$t "2 Print Name
STATE OF FLORglA, - -.. h
COU1'\'TY OF W \\S~ 8 .
The foregoing instrument WlL' acknowledged before me this 6th day of
octobor ,2003, by JOSE 1. SANTACRUZ and THELDRA F. SANTACRUZ,
Individually IUld as Trust... under the Jo~ I. And Theldra F. Santacruz Revocable Living
T~ted March 16,2001, who is personallyblOwu tome orp,.......ented
;;~ '''~~~""n~iL~
~i lie Signature
CU_2005-AR-8748
PROJECT #2005050011
DATE: 12/13/05
"1'fItAEL \'IERtfH'f~/ / /
C~,..,:)/I.n C\.. (/a. /erCJ
/\genda Item No, 8A
October 23,2007
Page 46 of 91
~ UNITED STIlTES
'-!5ii POSTIlL SERVICE
November 1, 2005
CU-2005-AR-8748
PROJECT #2005050011
DATE: 12/13/05
~L BEIUf!l0
'/ ~/I.'~<" ~/"-r-C'""
Alan V. Roseman
Q. Grady Minor & Associales, P.A
3800 Via Del Rey
Bonita Springs, Fl. 34134-7569
Letter of no objection,
Collier county Conditional Use Property 1.D. #00312640006, 00312560005 and 00312600004,
The Postal Service has no objection to delivery in your development, pending the mode of delivery in
which we win establish in accordance with your approved P.D.D. All new developments are to be"
Centralized Delivery". Call me for location of boxes. 435-2122.
Sincerely,
~~
Bob Skebe
Growth Management
; .,',
RECEIVED
NUV 0 2 2005
Q. Grady;",.
. & As!)ocia\eoS ,,'
w.Pt.ES ldAIN OFFICE
1200 GOOOlETTE RO N
NAPlES,FL34102-9008
1;\proj-eng\rAWZY\15Acre\MCP\15ocre.dwg, SITE. 3/22/2006 11:05;45 AM, arose man, plotstamp1, p
t Agenda Item No, 8A
, ,::: '-I' L1 \ a \ ---, t::: ' October 23, 2007
L.-. ,,~. 1.::;1 L:. Page 47 of 91
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Aoenda Item No. 8A
- October 23,2007
Page 48 of 91
CU-2005-AR-8748
PROJECT #2005050011
DA TE: 12/13/05
MICHAEL DERUNTZ
STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUEST
1. NAME OF APPLICANT: _Ashr'af Fawzy
2 _ MAILING ADDRESS: _2224 Heritage Greens Drive
CITY
Naples
ZIP 34119-3310
3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE):
11CO T....I-.:'f
4. LEGAL DESCRIPTION:
Section: _22_ Township: _49_Range: _27_
Lot:
Block:
Subdivision:
Plat Book
Pagc #:
Property I.D.#:_See attached Iist_
Metes & Bounds Description: _Sec attached Icgal description
5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system):
a. COUNTY UTILITY SYSTEM 0
b. CITY UTILITY SYSTEM 0
c. FRANCHISED UTILITY SYSTEM 0
PROVIDE NAME
d. PACKAGE TREATMENT PLANT 0
(GPD capacity)
e. SEPTIC SYSTEM rxJ
6. TYPE OF WATER SERVICE TO BE PROVIDED:
a. COUNTY UTILITY SYSTEM 0
b. CITY UTILITY SYSTEM 0
c. FRANCHISED UTILITY SYSTEM 0
PROVIDE NAME
d. PRIVATE SYSTEM (WELL) rxJ
APPLICATION FOR PURl,le: HEARING FOR CONDITIONAl" VSE - 4/14103
7. TOTAL POPULATION TO BE SERVED:_2 (dwelling units)_
B. PEAK AND AVERAGE DAILY DEMANDS:
A. WATER-PEAK AVERAGE DAILY _500 GPD_
B. SEWER-PEAK AVERAGE DAILY _400 GPD
Agenda Item No, SA
October 23, 2007
Page 49 of 91
9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL
WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO
BE REQUIRED: NIA
10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and
schematic drawing of sewage treatment process to be used as well as a specific statement
regarding the method of 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 professional engineer.
11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located
within the services boundaries of Collier County's utility service system, written notarized
statement shall be provided agreeing to dedicate to Collier County Utilities the water
distribution and sewage collection facilities within the project area upon completion of the
CXlnstruction of these facilities in accordance with all applicable County ordinances in effect
at the at time. This statement shall also include an agreement that the applicable system
development charges and connection fees will be paid to the County Utilities Division prior
to the issuance of building permits by the County. If applicable, the statement shall contain
shall contain an agreement to dedicate the appropriate utility easements for serving the
water and sewer systems.
12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS:
Unless waived or otherwise provided for at the pre-application meeting, if the project is to
receive sewer or potable water services from any providcr other than the County, a
statement fi-om that provider indicating that thcre is adequate capacity to serve the project
shall be provided.
UHIlty Provision Statement RJM 10/17/91
APPLICATION FOR punLlC HEARING FOR CONDITIONAL lISE - 4/14/03
CONDITIONAL USE APPLICATION
SUBMITTAL CHECKLIST
THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH
PACKETI
Agenda Item t'Q, SA
October 23,2007
Page 50 of 91
APPLICATION
REQUIREMENTS #OF NOT
COPIES REOUlRED REOUlRED
1. Completed Application 20* X
2. Copy of Deed(s) and list identifying Owner(s) and all 2* X
Partners if a Corporation
3. Completed Owner/Agent Affidavits, Notarized 2* X
4. Pre-application noteslminutes 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 4 X
Application
11. Copies of State andlor Federal Permits 4 X
12. Architectural Rendering of Proposed Structure(s) 4 X
13. Application Fee = $4000 -
Comprehensive Plan Consistency Re\iew = $300
Fire Code Review Fee = $150
Check shall be made payable to:
Collier County Board of Commissioners X
14. Electronic copy of all documents and plans 1 X
-, -
15. Letter of no objection from the United States Postal 1 X
Service
.~--- -.-- -
16. Other Requirements -
* Documents required for Long-Range Planning Review
AB the authorized agent/applicant for this pe.tition, I attest that all of the information indicated on this checyJist is
included in this submittal package. I understand that failure to include all necessary submittal information may result in
ili""s::r;' ,@", )1 ~;f,~
Applic t/Agent Signature
APt-UrATION FOR PUBLIC HEARING FOR CONDfnONAL USE - 4f14103
Agenda Item No, SA
October 23, 2007
HOOVER PLANNING & DEVELOPMENT. INC:51 0191
Land, Environmental & Traffic Planning Consultants
3775 Airport Road North, Suite B, Naples, Florida 34105
ENVIRONMENTAL IMPACT STATEMENT (EIS)
!'ro j eet:
FAWZYAQUACULTURE
SECTION 22 TOWNSHIP 49 SOUTH, RANGE 27 EAST
APPROXIMATELY 15.09 ACRES
Presented to:
COLLIER COUNTY
ENVIRONMENTAL SERVICES DEPARTMENT
2800 NORTH HORSESHOE DRIVE
NAPLES, FL 34104
Dated:
Revised:
March 26, 2007
May 1, 2007
Agenda Item No. SA
October 23, 2007
, tP.#1i'Eh~c\li\J?c1
Collier County Environmental Impact Statement
rage 2 of J9
(
ElNlRONMENTAL lMPACT STATEMENT
JO.02.02 Submittal Requirements for All AppllcatioI1S
4. Information required for application.
a. Applicant information.
i. Responsible person who wrote the EIS and his/her educaLion end job re.lated
environmental experience.
Jeremy Sterk, B.S., Aquatic Biology, 13 years job related experience.
A resume is attached.
ii. Owner(s)/agent{s) name, addr~ss, phone number & e-mail address.
Ashraf Fawzy
2224 Heritage Greens Drive
Naples, FL 34119
Email: Ashrafnaolcs@aol.eom
b. Mapping and support graphics.
i. Gene;r.Bl lucatjon map.
See attached site location map (EXHIBIT I).
ii. Native habitats and ttleir bounrlarics ldcntifj.ert on an ~eriaJ photograph
of lhe site ext~ndirlg at least 200 f~et outside the parcel tloundary. This
uoer; not mean the applicant i.s required to go on to adjoining pr.-operties.
Habitat identification con~islent wilh the florida Department of
TransportatioJl FJ.orida T,and Use Cover and Forms Cla8~ification System
(r.LUCCS) .shall be depicted on dn aerial phot.oqraph having a scale of one
inch equal to at least 200 feel wh~n avail.able from the County. Otller
scn18 aerials may he used where appropriate for the size of the project!
provided the photograph and ovprlays are leqible at the scale provi.d8d. A
legend (or each of LIle FLUCCS r:alegories fourld on-site shall be i.ncluded
OIl the i1er iuJ .
Native communities were mapped according to the Florida Department of Transportation
Florida Land Use Cover and Forms Classification System -(FLUCCS) and their
boundaries are depicted on the attached 2006 aerial at a scale of 1 "=200' (EXHIBIT 2),
Also attached is an 8 ~;''' X 11" sheet (l "=200') with black and white FUJCCS mapping
for clear reference (EXHI13IT 1), The maps are entitled "fawzy Aquaculture-fLUCCS
Mapping". Both maps detail FLUCC:S mapping 200' outside the property boundary.
The mapping outside property boundaries was clone thrDugh aerial interpretation.
ii.L. Topographic map dnd 8xist.ing drainage pat.t.eLns if applicable. ltJhere
possi.ble, elevations within each of FLC)CCS categories shall be provided.
Site elevations average approximately 11.5' NGVD. See attached survey with
topographic mapping (EXHIBIT 4) provided by Q. Grady MillOI' & Associates. There are
G:\IlJ> Project r:;1~s"lO{)',\3~l} ErlVj,onm.~IQI As"'s\m~"', 3\389.010 r~wz)" A<"I"ncu:wrel21ld S"b"'ill~I\ENVIHONlvll:.Nl'Al.IMPACT SJ;\TEMENT S.I-{l7dQl:
Agenda Item No, 8A
October 23, 2007
PafJe 53 of 91
FawZ} f\quaculture
Collier County Environmental Impact Statemellt
Page 3 of 19
multiple elevations in each FLUCCS community. Drainage is generally from the
northeastlo the southwest.
iv. Soils map at scale consistent with that used for the Florida Department
of Transportation F~orida Land Use Cover and Forms Classification System
determinations.
Soils lines have been digitized fi'om the Natural Resources Conservation Service (NRCS)
map of Collier County. A map detailing the soil types found on the subject property is
included at a scale of 1 "=200' and is attached on an 8 Yo" X 11" sheet. The map is
entitled "Fawzy Aquaeultllre-NRCS Soils Mapping" (EXHIBIT 5).
v. Proposed drainage plan indicating basic flow patterns, outfall and off-
site drainage.
See attached Master Site Plan, provided by Q. Grady Minor & Associates, P.A.
(EXHIl3IT 6). Currently water flow in the area is to the south \ southwest. Water on the
site will be controlled by a small pcrimeter berm and dcsigned for zero surface water
dischargc offsite.
vi. Development plan including phasing program, service Dr8a of existing and
proposed public facilities, arId existing and proposed transportation
network in the impact area.
See attached Mastcr Site Plan, provided by Q. Grady Minor & Associates, PA.
Puhlic Facilities
Being agricultural in naturc, this projcct is not expected to ercate additional dcmand for
public facilities
Transportation Ngtwork
The applie~U1t has agreed to improve the condition of Dove Tree road (private) as part of
hauling off matcdal dug from the proposed aquaculture facility. Thc site will generate
traffic during the cOllstJ'llction phase of the aquaculture lake, but once construction is
complete traffic gencrated is expected to be insignificant. A regional aerial is included
that shows how the Fawzy property will be accessed (EXlIlBIT 6B). There is no
additional clearing necessary to the proposed route.
vii. Site plan showing preserves on-sjt~, and how they align with preserves
on adjoining dnd neighboring properties. Include on the plan locations of
proposed and exiRting developmRnt, roads, ~nd areas for stormwater
retention, as shown on approved loaster plans for thRse sites/ as v..'ell as
public owned corlservation lands, con~ervation acquisition areas/ major
flowways and potenti.al wildlife corridors.
The proposcd agriculturalllse of this propcrty makes it exempt from indigenous preserve
requirements. Property immcdiately around this parcel is currcntly undeveloped.
U:\tIP I'roje.:l Fj:e~\lOO's\)8:).E~viro""'cIlLaI A.,ses;;menl, 1\389.Q70 hw'-} ,\qtJ,wllme\2ruJ Slrhrrriu"IU:.""NVIRONMt::N l'I\L IMl'ACT ST A T.E.MENT j-I-U7,.Joc
A,genda ItefTI No, SA
October 23, 2007
Fa~;!ilJu;;S"lllfrc91
Collit:r COUIl[Y P.IlVironmclltallmpllct Stalemcnt
Pflge 4 of 19
v.i.ii. For properties in lhe RLSA or RF~1U districts, a site plan showing the
location of the site, and land use designations and overlays as
identified in the Growth Management Plan.
The Fawzy parcel is located in the Rural Fringe Mixcd Use district and is classified as
Sending LandsINRPA. See attached map entitled "Fawzy Aquaculture - "(RMFU) North
Belle Meade Overlay & Parcel Location" (EXHIBIT 7).
c. Project description and GMP consistency d~terrnination.
l. Provide dn overall description of the project with respect to
environmental and water management issues.
Project Description
The Fawzy Aquaculture project proposes construction of an aquaculture facility for
growing native fish. It will consist of a large lake and locations for future equipmcnt I
storage I processing buildings. The project proposes using the "deep lake" method of
raising fish in cages. An aquaculture certification has been obtained from the Florida
Departmcnt of Agriculture and Consumcr Services for raising catfish (lclaluridae) or
Shrimp (Palaemonidae). The applicant cxpects to raise catfish. Methodology for raising
the catfish will be similar to that dcscribed in the attached Soutl1em Regional
Aquaculture Centcr (SRAC) publication about Tilapia, entitled "Cage Culture ofTilapia"
(EXHIBIT 8). The Fawzy project will not be raising Tilapia, only using similar mcthods
as those deseribcd in the publication. A second Publication entitled "Cage Culture, Site
Selection and Water Quality" (EXHIBIT 9) is also included for reference. In addition,
thc project will closely following the guidelines laid out in the attached State of Florida
"Aquaculture Best Management Practices Rule" (EXHIBIT J 0).
The aquaculture ce11ificate is attached (EXHIIlIT II)
Environmental Issucs
The property is locatecl in the North Belle Meade and is elassified under thc RFMU as
NRP A Sending Lands.
The parcel is locatcd within primary panther habitat. II also contains pine flatwoods
habitat that may be suitable for other listed species such as fox squirrels.
Existing Site Conditions
Listed below are the FLUCCS communities identified on the site. The following
community descriptions cOl1'espond to the mappings on the attached FLUCCS map. See
Florida Land Use, Cover and Forms Classification System (DepaItmcnt of
TranspOltation, Surveying & Mapping Geographic Mapping Section, 1999) for
clefinitions.
Unimv/'oved Affricuilural LC1l1g!iLELU,CCS. 212, 0.61 Acres
G\HI'I"c'!C\;1 Fik~\100'>\J~9-EII,'i,u"IlI~nl~1 Allenm"nb JI339.010 hwq Aquacullure\2nd Submilu.l\ENVIRONl\.iENTAI, IMPACT STA TFMENT 5-1-07.duG
Agenda Item No, SA
October 23, 2007
Page 55 of 91
Fawzy Aquaculture
Collier COUllty Environmenlallmpact Statement
Pngc S of 19
This classification is found in a small swath that runs n011hwest to southeast across the
property. It seems to connect two semi-improved pasture areas. Canopy is sparse and
limited to scattered slash pine and cabbage palm. GrOlUldcover is dominated by a mix of
pasture grasses.
Pine Fla/woods, FLUCCS 411. 13.00 Acres
This community makcs up the majority of the property and is dominated by slash pine
with scattered cypress and melaleuca in the canopy. Midstory includes scattered saw
palmetto, sumac, myrsine, and buckthorn. Other vegetation present includes grapevine,
poison ivy, Caesar weed, pennyroyal, and smilax.
COMMON
NAME NAME STRATUM
411 - Pine Flalwoods
Dom inanl
Pinus ef/iotti pine (slash pine) canopy
Sabal pulmeuo cabbage palm canopy
Common
Vilis rotundifnlia muscadine grape vine
Smilax spp. Smilax vine
!lex cassine dahoon holly mid-story
rJrena lobata Caesar weed ground cover
Toxicodendron radicans poison ivy vme
Occasional
Melaleuca quinquenervia* melaleuca canopy
Humelia celastrinQ bucktholll mid-story
Taxodium ascendens pond cypress canopy
Fi/ob/ephis rigida pelmyroyal ground coyer
Schinus terehinthifolius* Ilrazilian pepper mid-story
i\1yrica ceJ'!faa \l,'ax myrtle mid.srory
Serenoa I'epens saw palmetto mid-story
*invnsive exotic
Melaleuca Invaded Pine Fla'wood,~, FLUCCS 411/424, 1.48Acres
This community is found in the nOl1h p011ion of the parcel. Canopy is dominated by
slash pine with mclaleuca in densities that vary from approximately 25 to 50%.
Midstory includes scattered saw palmetto, sumac, myrsine, sapling mehileuca, and
buckthol'll, Other vegetation present includes grapevine, poison ivy, Caesar weed,
pennyroyal, and smilax.
NAME
COMMON
NAME
STRATUM
u:\111> ProjeCll'ilcl\)()(rs'Ul('i.El1viwllmelllal As~csmllmt~.)'.:18<)-O?O F~wl.Y ^l'JlJ~wltlJT~\2T1d Suhmillal\ENVJRONMENTAL IMPACT STATEMENT 5.1.01 doc
411 - Pine FIHtwoods
Dominant
Pinus elliolli
lvfe/aleuca qut'llquenef1fia*
Sabai palmelto
COmn19!1
Vitis l'otundifolia
Smilax spp.
flex cassine
Urena lobata
Toxicodendron radicans
Occasional
Bume/fa celastrina
Taxodium ascendens
Piloblephis rigida
Schinus terebinthifolius*
lvlyrica cerifera
Serenoa repens
pine (slash pine)
melaleuca
cabbage palm
muscadine grape
Smilax
dahoon holly
Caes.ar weed
potson ivy
buckthorn
pond cyprcss
pennyroyal
Brazilian pepper
wax myrtle
saw palmcllo
Agenda Item No, SA
October 23, 2007
Paoe 55 of 91
rawzy i\quacullure
Collier COllllty Envimnmentallmpncl'stalemenl
Page 6 of19
canopy
canopy
canopy
vine
vine
mid-story
ground covel'
vine
mid-story
canopy
ground cover
mid.story
mid-story
mid-story
""invasive exotic
Impact Areas:
The entire parcel is expected to be utilized for the aquaculture facility.
Preserve Areas:
The agricultural operation may leave some vegetution in tact, but is not proposing any
formal preserves.
Water Managcmcnt Svstcm Issucs \Ocscription
There ure no water management issues on this property. The wet season water table was
recorded ut 9.50' NGVD. The existing ground is approximately 11.50' NOVD. The site
is proposed 10 be bermed at 12.50' NGVD. The 25 year storm event at 8.5"/day was
modeled with thc SFWMD Volume IV softwme and it crowned out at an elevation 10.66'
NOVD at 73 hours (This is equivalent to the 25 year, 24 hour rain event that is referenced
on page 18 of the aquaculture BMPs). The 100 year storm event at 10.5"/day was
similarly run and it crowned at 10.92' NOVD at 72.8 hours. The allowable discharge is
0.15 cis/acre and as can be seen li'om the ubove models we are proposing ~.ero (0)
discharge.
ii. Explain how the proj~ct i.8 consistent with each of the Objectiv~s and
Policies in the Conservation dIld Coastal Har:aq~ment Element of the Growth
Managernerlt Plarl, where applicable,
Goal 6 and Ooal 7 ol'the Conservation and Coast'll Management Element of the Growth
Management Plan arc most applicable to the Fawzy Puree!. Those objectives and policies
are detailed below:
G 1Hl' f'n.>jtCI File&'dOO'$IJg'J-F.[\y;rL)O<l1cotlol ^~;CI\"IePtS I'Jg<j.070 F~\\Izy Aqu.clIlt"'c.\2nrl SubmillaI\ENVIRONMl'.NTAr,l:vl1'ACr STAIEMENT ~_I.01 doc
Agenda Item No, 8A
October 23, 2007
Page 57 of 91
Fawzy Aquacultur.c
CQllier County Envitonmcntal impact ~tntcmcn1
Page 7 fir 19
GOAL 6: THE COUNTY SHALL IDENTIFY, PROTECT, CONSERVE AND
APPROPRIATELY USE ITS NATIVE VEGETATIVE COMMUNITIES AND WILDLIFE
HABITAT.
OBJECTIVE 6. 1
The County shall protect native vegetative communities through the
application of minimum preservation requirements. The following
policies provide criteria to make this objeclive measurable. 'fhese
policies shall apply to all of Collier County except for the Eastern
Lands .study Area, for which poU cies are required to be adopted by
November 1, 2002.
Policy 6.1.2:
For thp. County's Rural Fringe Mixed Use District, as dOBignated on the
FLUM, native vegetation shall be preserved on site through the
applica.tion of the following preservation and vegetation retention
standards and criteria:
Preservation and Nutive Vegetation Retention Standards:
a. Receiving LandR~
A minimum of 40% of the native vegetation prescnt, not to exceed
25% of the total si.te area shall be preserved.
b. Neutral Lands:
A minimum of 60% of the nDtive vegetation present, not to exceed
45% of the total site area sha',l be preserved, except that, fOT Section
24, Township 49 South, Range /.6 East, located in the Norlh Belle Neade
OverJ.dY, a minimum of 70% of the native vegetation present, not Lo
exceed 70% of the total site" area, shall be preserved.
c. Non-NRPA Sending Lands:
Calculated at the hil]her value or 80% of the native vegetation
present, or as may uthen"JisG be permitted under the Den.sity Rating
provision.'> of the FLUE;
d. NRPA Jending Lands:
Calculated at the higher value of 90% of the native vcgetatiori
present, or as may otherwise be permitted under the Density Blending
provisions of the FLUE...
The agricultural nature of the proposcd operation make it exempt from native vegetation
requirements as outlincd in Policy 6.1. See attachcd Agricultural Classification approved
by Collier County in 2006 (EXHIBIT 12)
Policy 6.1.4:
Prohibjted invasive exotic vegetatiun shaJ.l be removed from all new
developments.
(l) Applicants for development !?f;:;:rmi ts sllall submj t and implement
plan.'> for invasive exotic plan removal und long-Lerm control.
(2) Maintenance pl~ns sllall describe specific techniques La prevent
re-invasioIl by prohibiLed exotic vegetation of the .site in perp~tuity.
(3) The County nhall maintain a list of prohibited invasive exotic
vegetation in the Land Development Corle and updat_l: it as nec::essary.
G:\HP P!aj~cl f"1Its\:100's\J89-ErJ\llronmtl1lal Assessments 3\389-010 flWl.y Njlllculture\2nd Sulmli11~I\ENVIRONMENTM.IMP^CT !,TATEM'F.N'f 5"I-OJ,doc
Agenda Item No. 8A
October 23,2007
Page 58 of 91
FflWZY Aquaculture
Collier Connty F.llvironmelltallmpact Stl1t.ement
Page 8 of 19
Any remaining vegetation on the property (if any) will be maintained exotic free.
Policy 6.1.5:
Agriculture shall be exempt from the above preservation requirements
corltai.ned in policies 6.1.1 and 6.1.2 of this element provided that any
new clearing of land for agriculture shall not be converted to Ilon-
agricultural development for 25 years...
Understood. The proposal is to clear the parcel for an agricultural facility and therefore
the project is exempt from preservation standards. The applicant accepts the 25 year
restriction on conversion to non-agricultural development.
Policy 6.1.7:
The County shall require native vegetation to be incorporated into
larldscape de~i.gns in order to promote the preservation of native plant
comml.lnit_if:s and to encourage water conservation.
The agricultural nature of the proposed operation make it cxempt from native vegetation
requirements as outlined in Policy 6.1.
Policy 6.1 .S:
An Environmental lmpaGl: Statement (EIS) is required] La provide a
method to objecLively evaluate the impi1ct of a proposed development,
site alteration, or project 'upon the resources and environmerltal quality
of the project .J.n'2F.l and c:orrununity and to insure that planning and zoning
decisions uTe made with a complete undeL^stand of the impact of such
decisions upon the environment, to enCOllr,l(]G projects and developments
that ,.,rill FJrotect, con.s~rve and enhuncc;, but fl()l degr.J.rl0., the
(lIlvironmental qU.:11ity and resources of Llle parti cular pr'ojecL or
development .'31 tel t.hc general Zlrea a.nd the qreater cmrununlty,
Refer to this docllment.
OBJECTIVE 6.2:
The County shall protect and conserve wetlands and ttle natural
functions of wetlands. The following policie.';i provide criteria to make
this objective measurable. These policies shall apply to all of Col.1ier
County except for tIle ~astern Lands Study ArRa, for Wlllch policies are
required to be adopted by November I, )002.
Policy 6.2.1:
A~ Lequired by Florida Administrative Code 9J~-5.006(1) (b)/ wetlands
IdentifiAd by the 1994-95 SFWMD land 11SB and land cover Illventory are
mapped on the future T~i1nd Use Map series. These areas shall be
G"\Hl' Projoc~ Fi!cs\lOO'$\1~9.Environmenlal ASS~lsm.1I13 J\JB\l.070 nwzy AqUJcullurc'Llnd Sllbmill~l\ENV1RONMENTAL IMPACT ST!\TEMENT 5-1~1"doc
Agenda Item No, SA
October 23, 2007
Page 59 of 91
Fawzy Aquaculture
Collier County Environmental Impact Statement
Page 9 of 19
verified by a jurisdictional field delineation, subject to policy 6.2.2
of this element at the time of project permjtting to determine the
exact location of wetland boundaries.
The Fawzy property has been reviewed by the U.S. Army Corps of Engineers and
contains no jurisdictional wetlands. Sce attached email corrcspondence (EXHIBIT 13).
Also see attach cd assessment from Tropical Environmental Consultants (TEC)
(EXHIBIT 14).
Policy 6.2.2:
WetJ~nd9 shall be defined pursuant to Section 373.019 Florida Statutes.
The locat.ion of jurisdictional wetland boundaries are further described
by the delineation methodology in Section 373.421 Florida Statutes.
The Fawzy property has been reviewed by the U.S. Army Corps of Engineers and
contains no jurisdictional wetlands. See attached email cOl1'espondence (EXHIBIT 13).
Also see attached assessment from Tropical Environmental Consultants (TEC)
(EXHIBIT 14). In addition, the property was reviewed according to State wetland
delineation statutes by Hoover Planning & Dcvelopmcnt, Inc. and found to not contain
Statc jurisdictional wetlands.
Policy 6.2.3:
Collier County shall implement a comprohensive process to ensure
wetlands and tIle rlaturnl functions of wetlands are protected and
conserved.....vJhere permits issued by such state or federal agencies allov-.'
for impacts to wet. lands within the Urban and Estate.s desiqnated areas
and requi.re mitigation for such impacts, this shall be deemed to
preserve" and protect wetlands and their functions...
The property contains no wctlands and therefore the agricultural operation will not be
requircd to pursue wetland pcrmits through thc Army Corps of Engineers or South
Florida Watcr Management District (SFWMD). However, the applicant expects to
pursue a water use permit through the South Florida Water Management District in the
future.
Policy 6,2.5:
With.in the Rural Fringe Mixed Use Distriot, Collier County sho.ll din~ct
land uses away from higher functioning wetland.s by lirr.i t.ing direct
impacls within wetlands based upon t.he veget<:lt.:ion requirements of
Policy 6.1.2 of thi.s element, the wetlund functionality asse~J5meIlL
described below in paragraph (2)1 and the final permitting r8qulrements
of the South F'lorida Water t-lanCigement District. 1\ direct impact is
hereby defined as the dredging or filling of a wetland or adversely
changing the hydroperiod of a wetlCind."
The Fawzy property does not contain jurisdictional wetlands.
G\lIP PmjtCI ~jl~~\300's\33~1"l-:nvironmcmal As>cs,menl~ )\3E')-O"/O raWLy Aquamllure\:!nd S"bmillaI\EN'VIRONMENTAl. lJ\'lrA(;T STATEMENT ~-1.07.doc
Policy 6. 2 . 6:
Within the Urh~n Designation and Rural Fringe Mixed Use District,
[required] wetland preservation, buffer areas/ ilnd rnitj.gation areas
shall be dedicated as conservation and con~nan areas in the form of
conservation easements <::md shall be identified and p1atted as separate
tracts; and, in the case of ;) Planned Dnj t Development (PUD), these
areas stlall al~o he dopictcd on ttlC PUD Master Plan...
Agenda Item No, SA
October 23, 2007
r",pz?I1<\fuf~]..\,,91
Collier County Envlrollmcnln] Impact Statement
Page lO of 19
The proposal is to clear the parcel for an agricultural facility !md therefore the project is
exempt from preservation standards. No conservation easements are proposed.
GOAL 7: THE COUNTY SHALL PROTECT AND CONSERVE ITS FISHERIES AND
WILDLIFE.
OEJ'ECTIVE 7.1
'1'he County shall direct incompatible land uses away from listed animal
species and their habitats. These policies shaJ_l apply to all of
Collier County except for the Eastern Lands Study Area, for which
policies are requi-red to be adopted by November 1, 2002.
Policy 7.1.2:
Within areas of ColJ.ie.r County, exc.ludJ.nq the land:::; contained in the
HLSA Overlay, non-agricultural developmc;nt, excluding individual single
family residences, "hall be directed a.way [rom listed species and t_hc::i.r
habitats by complying with tlle following guidelines and standards:
(1) A wildlife survey sllall be required for ~l]_ paT~els when li_sLed'
species uTe known to inhabit bioloqical cOllUnunities similar t.o those
existing on site or where li~ted species are directly observed on, the
sits. The survey sha.ll be conducted in accordance wltl1 the
rG:q\lir~ments of the Flod da Fish Clnd t-lild1.Lfe COfl~ervation Conunission
(FFWCC) and U.S. f'ish dnd ItHldlife $E:;rvice (USFI15) guidelines. The
County shaJl notify the FF1iJCC and USFl'1S of the existence of any li.sted
species that may be discovered.
(2) Wildlife h~bitat management plans for lisled species s}lall be
submitted for County approval. A plan Shill I be required [or all
proj~cts wh~re the wildl,ife survey indica led listed species are
utilizirlg the site, or the site contains potential habitat for listed
species. These pl.ans shall describe how the project directs
incompalible land uses away from list_cd species rlnd their habitat.=;.
(3) The County .shall/ cOll::dstent with applicable GMP policies, consider
dnd utilize recorruncndations and letter;; of technj Coal assistance from
lhe Florida l<'lsh and Wildlife Conservation Commis'<";lon and
recommendations [rom the US l"lsh and \fHldlifc Servir.e in issuing
development orders on property contalnillg listed spc~ies. It i_8
recognized th~t thRse 0gency recommendation3, OJl a case by ca~e basis,
G-ljIP )>(OjN.l fjJcs\WO's\'11l9-E,wirOl'llwn:al Asse~~mem~ )118<).01(1 f..w~y Aqu"""hl>lC\1"d SllhmillallENVIRONMENTAL rMPACT STATEMENT ~-I.07,<Joc
,.
(
Agenda Item No, SA
October 23, 2007
Page 61 of 91
raw:lY Aquaculture
Cottier Count)' Environmentnllmpact Statement
Pllge II of 19
may change the requiremento conta.ined within those wildlife protection
policies and any such change shall be ueeHled cOIlsistent with the Gro'",th
Management Plan.
A protected species survey was conducted on the propelty in June 2006. A copy ofth'e
survey is attached (EXHIBIT 15)
The following summarizes results on the Fawzy property:
Slash pine throughout the property were searched visually in a tree-to-tree method for
RCW cavities. No cavities were observed.
Several common wild pille (Tillandsiafasciculata) and butterfly orchid (Encyclia
larnpensis) were observed in trees on the parcel.
A listed species management plan has been developed to ensure no taking occurs during
clearing activities for the parcel.
Policy 7.1. 4 :
All development shall comply with applicable federal and state
permit:ti.ng requirements regarding listed species px-otection.
Consultation has been sought with the FWC and USFWS. See attached email response
from Stephanie Rousso, FWC Biologist (EXHIBIT 16). Ms. Rousso's recommendations
will be followed wherever possible. Due to the small size of the property, the applicant is
unable to meet the 100 foot perimeter buffer requirement. The applicant is however,
upgrading the perimeter buffer from a ] 0 foot "A" buffer to a 10 foot type "B" buffer in
order to help meet Ms. Russo's buffering concerns.
No response has been received from the USFWS. Requests to the USFWS will continue
to be made and any responses given will be provided to Collier County.
d. Native vegetation preservation.
i. Identify the acreage and con\TIl.l1!lity type of all upJand and wetland habilats
fOU11d on ttle project site, according to the Florida Land (Jse Cover and
Forms Classification System (FI,UCCS). P.L'ovide a description of each of
the fLUCCS catc90ries identified on-site by vegetation type (species),
vegetation c;omfJos.ition (canopy, mid::;tory and gr-ound cover) and vegetation
dominance (dominant., common and occasional).
The following FLUCCS communities are present on the subject property. See enclosed
FLUCCS mapping for specific locations. See Florida Land Use, Cover and Forms
Classification System (Department of Transportation, Surveying & Mapping Geographic
Mapping Section, 1999) for definitions.
Unimproved AIZ/'icultural Lands, F L [feeS 212, 0.6] Ac/'e.s:
G:IJIPPf<ljca l'ile~\J{)I),~\3B9-I;r.";lomllenlal A1Se~ment.> )\J89-o70 b\\'"y A'l\luullltre\2ntl Submill~ltENV1R()NMENTA1 rMJ>ACJ S1Alf!/1,{ENT 5.I..o7.dnc
Agenda Item No, 8A
October 23, 2007
Paae 62 of 91
Fawz.y l\quuculture
Collier County Envirooll1cnlallmpact Statement
Page 12 ofl9
TI1is classification is found in a small swath that runs nOlihwest to southeast across the
property. It seems to connect two semi-improved pasture areas. Canopy is sparse and
limited to scattered slash pine and cabbage palm. Groundcover is dominated by a mix of
pasture grasscs.
Pine Fla/woods, FUICCS 411. 13,{){) Acres
This community makes up the majority of the propeliy and is dominated by slash pine
with scattered cypress and melaleuca in the cunopy. Midstory includes scattered saw
palmetto, sumac, myrsine, and buckthorn. Other vegetation present includes grapevine,
poison ivy, Caesar weed, pennyroyal, and smilax.
NAME
STRATUM
COMMON
NAME
4] 1 - Pine Flatwoods
Dom inant
Pinus ellioUi
Sabal palmello
Common
Vilis rotundifolia
Smilax spp.
II e..'C cass ine
Urena I abat a
Toxicodendron radieans
Occasional
fl,felaleuca quinquenervia*
flume/fa ce1astrina
Taxodium ascendens
Pi/oblephis rigida
Schinus terebinthifolius*
j\1yrica cel'!ferCJ
Serenoa I'cpens
pine (slash pine)
cabbage palm
Il1tlscadine ["JTape
Smilax
dahoon holly
Caesar weed
poison ivy
melaleuca
bnckthorn
pond cypress
pennyroyal
Brazilian pepper
wax mYlile
saw palmetto
canopy
canopy
vine
vine
mid.story
ground cover
vine
canopy
mid-stOl)'
C,UlOpy
ground cover
mid-stol)'
mid-story
mid-star)'
*invasive exotic
Melaleuca Invaded Pine Flatwood~, FLUCCS 411/424, 1.48 Acres
This community is found in the north portion of the parcel. Canopy is dominated by
slash pine with melaleuca in dcnsitics that vary from approximatcly 25 to 50%,
Midstory includcs scattercd saw palmctto, sumac, myrsinc, sapling mclalcuca, and
buckthorn. Other vcgctation prescnt includes grapcvine, poison ivy, Caesar weed,
pennyroyal, and smilax.
NAME
STRATUM
COMMON
NAME
G \HI' Project ~i1e~\JOO'~\IH'j.Envjr(J"me";DI ^~lCS$mc,,15 lllH9.070 Fawzy ^lIuncu!ww\2nd S~bm'tIal\,J:;NVIRONMF.NTAt j"'1l'A{:T STATEMENT ~-I_07_dl>C
411 - Pine Flat\Voods
Dominant
PiIlUS eWoW
A1elaleuca quinquenervia*
Sabol palmetto
Common
Vitls rotulldifolia
Smilax spp.
!lex cassine
Urella lobata
Toxicodendron radicans
Occasional
Bumelia ce.lastrina
Taxodium ascendens
Plloblephis rig/do
Schinus terehinthifolius*
Myrica cerifera
Serenoa repens
pine (slash pine)
melaleuca
cabbage palm
muscadine grape
Smilax
dahoon holly
Caesar weed
poison ivy
buckthorn
pond cypress
p ennYl'oyal
Brazilian pepper
wax myrtle
saw palmetto
Agenda Item No, SA
October 23, 2007
Page 63 of 91
F a\V'lY Aquaculture
Collier County En\'ironrnentallmpact Stntcmenl
Page 13 of 19
canopy
canopy
canopy
vine
vine
mid-story
ground t:over
vine
mid-story
canopy
ground covet
mid-story
mid-story
mid-story
*invnsive exotic
ii. Explain how the project meets or exceeds the native vegetatjon
preservation requirement in Goal 6 of the Conservation o.nd Coastal
Management Element of the Growth Management Plan, and Chapters 3 and 10
of the Land Development Code. Provide an exhibit illustrating such.
Include calculations identifying the acreage for preservation and impact,
per FLUCCS category.
The proposal is to clear the parcel for an agricultural facility and therefore the project is
exempt from preservation stanclards.
iii. For sites already cleared and in agricultural use, provide
documentati.on that t.he parcel (s) are in compJiance wilh the ?!) year
rezone linlitation ill Policy 6.1.5 of the Conservation and Coastal
Manaqement Element of the Growth t-1anagement Plan and Chapters 4 and 10 of
the J,and Development Code. For .sites cleared prior to JnDU<1ry 2003,
provide documentiltion that the parcel {s} are in compl.i.<:mce with lhe 10
year rezone limitation previously identified in the Growth Management
Plan and Land Uevelopmp.nt Cude.
The parcel is proposed for agricultural use, but is currently un-cleared.
iv. Have preserves or acreage ~equirements for preservation previously been
iderrtified for the :site during previ.ous developmfmt order approvals? If
so, identify Lhe location and acreage of these pre~erves, and provide an
explanation if they are different from what is proposed.
No.
GUlP ProjeCl Fi\",,',lO(J'~UR9.EnYil\lllll1elll~1 A~s~~mcnls 3'J89.Q70hwlY AqllnL:ullmc\2nd SUUllliUhIiENVI/l.ONMEI<I"TAL IMPACT STATEt.1ENT ~-1-01_dnc
Agenda Item No, 8A
October 23, 2007
Paoe 54 of 91
Fawzy~AquacuJture
Collier COllllty Environmentl'll Impact Slutcment
Page 14 (}f 19
v. For properties with Special Trei:J.lment lIS'I"! overlays, show the 8T overlay
on the development plan a.nd provided all explanation as to why theBe areas
are being impacted or preserved.
The site do~s contain a Special Treatment overlay labeled as "STIW3". Sce attached
zoning map (EXHIBIT 17). This ST designation relatcs to "well fields". This ST area is
not related to wetlands. It is anticipated that the proposcd agricultural use will havc no
impact on the ST/W3 designation.
e. Wetlands.
i. Define the number of acres of Collier County jurisdictional wetlands
pursuant to Policy 6.2.1 and 6.2.2 of ttle Conservation and Coastal
Management Element of the Growth t-'lanagement Plan) according to the
Florida Land ~Jse Cover and Porms Classi fication System (FLUCCS). Include
a descripti.on of each of the r~uccs categories identified on-~ite by
vegetation type (;,pccies), vegetation composition (canopy, midstoryand
ground cover) and vegetiltion dominance (dominant, common and occasional) .
Wetland determination;, are required to be verified hy the Sout.h floridn
Water Management Oistr'ict or E'lorida Deparlment of Environment_al
Protection, prior to submission to the County,
The subject propcJ1y contains only upland habitats. Thc Fawzy propelty has been
reviewcd by the U.S. Army Corps of Enginecrs and contains no jurisdictional wetlands.
S~~ attached email correspondcnce (EXHIBIT 13). Also see attached assessment from
Tropical Environmental Consultants (TEC) (EXHIBIT 14). In addition, the property was
reviewed according to State wetland delineation statutes by Hoover Planning &
Developmcnt, Inc. and found to !1.9J contain Statc jurisdictional wetlands.
ii. Determine s8o;,onal clod historic high water lc;vels utilizing lichen lines
or other biological indicator~. Indicate how Lhe project design
i mproves/ a.f fectt) pTeocvelopmp.nt hydroperiods. Provide a narr<lt.ivc
addressing the anticipated corltrol eJ.0vation(s) for the site,
The wct season water table was r~corded at 9.50' NGVD. This was d~termincd by
sampling during the wet season. The existing ground is approximately 11.50' NGVD.
The site is proposed to be bermcd at 12.50' NGVD. The 25 year storm cvcnt at 8.5"/day
was modeled with the SFWMD Volume IV software and it crowned out at an el~vation
10.66' NGVD at 73 hours. The 100 ycar storm event at 10.5"/day was similarly run and
it crowned at 10.92' NGVD at 72.8 holll's. The allowable discharge is 0.15 cfs/acre and
as can be s~en from the abovc models we arc proposing zcro (0) discharge. The site is
not expccted to have any eCfect on adjacent hydroperiods.
iii, Indicale the: pr-opose:o:i percent cof defined wc:tli:mos to be illlpacterl and the
effects of proposed impacts on the [unction.:; of these wellands. Provide
an exhibit showing '[he location of wetlands to ~le impDctcd and those to
be preserved on-site. D8scribe how impacts to wetlands have been
minimi:c:ed.
The aquaculturc facility proposes no impacts to jurisdictional wctlands.
G"\HP Project File,i10(J'sllB9.EflViroomcmnl Al...es\mems J\.lB9.07l1 hWll' ^(]U~cllurc\2nd Submiu~f\ENVIRONMENTAI" IMI'Arf STATEI\ilENT Sol-OJ rifle
Agenda Item No, SA
October 23, 2007
, PaGe 65 of 91
I'awzY'f\qllflCIJIlUre
Collier County EIl\' ironmcntallmpact Statement
Page 15 of 19
iv. Indicate how the project design compensates for wetland impacts pursuant
to the Policies and Objectives in Goal 6 of the Conservation and Coastal
Management Element. of the Growth Management Pl~n. For sites in the ~~MU
diDtrict, provide an assessment, based on the South FJorida Water
Management Distr:ic:t's Uniform MiLigatlon Ass~ssment Method, that has been
accepted by either the South Florjda Water Management District or the
Florida Department of Environmental Protection. For sites outside the
RFMU district, and where highor quality wetlands are being retained on-
site, provide justification based on the Uniform Mitigation Assessment
Method.
The aquaculture facility proposes no impacts to jurisdictional wetlands,
f. Surface and ground water management.
i. Provide an overall description of the proposed water management system
explaining how it works, the b~sis of design, histori.cal drainage flows,
off-site flows coming in to the system and how they will be incorporated
in the system or passed around the system, poai.tive outfall aV,J,ilability,
Wet Season Water Table and Dry Season Water Table, and how they were
determined, and any other pertinent information pertaining to the control
of storm and ground water.
There are no significant water management issues. Below is a description of the surface
water managemcnt system:
Water Management Svstcm Description
The wet scason water table was recorded at 9.50' NGVD. This was determined by
sampling during the wet season. The dry season water table is approximately 4.5'
NGVD. The existing ground is approximately 11.50' NGVD. The site is proposcd to be
hermed at 12.50' NOVD. The 25 year storm event at 8.5"/day was modeled with the
SFWMD Volume IV software and it crowncd out at an elevation 10.66' NGVD at 73
hours (This is equivalent to the 25 year, 24 hour rain event that is referenced on page 18
ufthe aquaculture BMPs). The 100 year storm event ,It IO.5"/day was similarly run and it
crowned at 10.92' NGVD at 72.8 hours. The allowable discharge is 0.15 cfs/acre and as
Cfm be seen from the above models we are proposing zero CO) discharge.
ii. Provide an analysi.s of potential water quality impacts oC the project by
evaluating water quality loadings expected from the project (post
development conditions considering the proposed land uses and slormwater
managGm~nt contrcl]s) compared with water quality loadings of the project
area as it exJsts in its pre- development c;ondi tion.s. This i::l.nCllysi S 1.S
required for projects impacting five (5) or more acres of wetli"mds. The
analysis shall be performed using methodolCJgles approved by Federal and
~tate w~tcr quality agencies.
Not Applicable. The aquaculture project is not proposing wetland impac1s.
iii. Identify any WellfieJd Risk MarLagement Special Treatment Overlay Zones
(WRM-ST) within the project area and provide an an~lysi~ for'how the
proj~ct design nvoids the most intonsive land \lSeS within the most
sensitive WRN-STs.
G.\Hr "'oj",.l files\)OO'~\J89-EnvirulIlI\\;nl,,1 AW~s~me"l5 )\38':<.070 hwJ.Y Aquat\lI!{,,~\2nd Submilla1'.ENV1RONMENT At. IMPACT 51',\ TEMENT 5-l-G7.ooc
Agenda Item No, SA
October 23, 2007
Page 56 of 91
FllWZY I\quaculture
C:()llier County Environmenl<ll ImpAct Stntemenl
P~gc ]6 of 19
The site does contain a Special Treatment overlay labeled as "ST/W3". See attached
zoning map (EXHIBIT 17). This ST de~ignation relates to "well fields". It is
anticipated that the proposed agricultural use will have no impact on the ST/W3
designation.
g. Listed species.
i. Provide a plant and animal ~pecies survey to include at a minimum, listed
species known to inhabi t biological corruuuni t i(::!s similar to those exi.sting
on-site, and conducted in accordance with the guidelines of the Florida
Fish and Wild.life Conserv<1tion Commission and the U.S. E'ish and Wildlife
Service. State actual survey times ilnd dates, und provide a map showing
the location(s) of species of .special strJ.t1JS identifj('ld on-site.
A protectcd species survey was conducted On the property in June 2006. A copy of the
survey is attached (EXHIBIT 15)
The following summarizes results on the Fawzy property:
Slash pine throughout thc properly were searched visually in a tree-to-tree method for
RCW cavities. No cavities were observed.
Several common wild pine (TillandsiafiJsciculata) and butterlly orchid (Encyclia
tampensis) were obscrved in trees 011 the parcel.
The attached species survey was conducted on the following dates & times:
Dnte Start Time End Time Hours Task
-1u!,c 20, 2006 - Il:OOnm 3:00pm 4 ___._ Species Survey__
J line 22, 2006 1:00pm 4:00pm 3 Species_ Surv~
Total "-..- 7
.i:i. Identify all lL,;led ~pecies lhZlt are kllO\.<1!1 t.o inhabit biological
communit_ies slm.Uar to those cX.lstinC] on the site or thi1t have been
directly obse7'ved ()[l lhe site.
G \Ill' Project Joiles\lOO'sUB9.En~ifOf.menlBI Ass,cssmenlS J\JS9-Q70 Fa"'''~ ^qlJ~l;Ulture\.2nd Submill~I\ENVIRONMENTAL IMPACl STATEMENT S-I-01.doc
Agenda Item No. SA
October 23, 2007
Paqe 57 of 91
Fawzy7l.qu~cultnre
Collier County Environmental Impact Stnlemcnt
PllgC ]7 of 19
Protected species list for the Fawzy parcel according to FLUCCS category.
FLUCCS Potential Listed Species Scientific Name DesiQnated Statns
FWC or FWS
FDA
212 Florida Panther Felis cone%r cory; E E
Florida Sandhill Crane Grus canadensis pratensis T -
411 & Beautiful Pawpaw Deel'ingothamnus pu/che/lu.s E E
411/424 Big Cypress Fox Squinel Sclurus niger avicennia T -
Eastern Indigo Snake D'J1mol'chon corais couper; T T
Fakahatchee BurmamIia !1urmanniajlava E -
Florida Black Bear Ursus americanus floridanus T -
Florida Coontie Zamia jloJ'idana C -
Florida Panther Felis cone%r cmyi E E
Gopher Frog Rana capito SSC -
Gopher Tortoise Gopherus polyphemus SSC -
Red-Cockaded Woodpecker Picoides borealis T E
Satinleaf Chlysophyl/lIm clivi/arme E -
Southeastern American Kesh'el Falco sparverius paulus T -
Twistcd Air Plant TilIandsia jlexausa E -
Florida Butterfly Orchid Encyclia !llmpensis CE (FDA) -
Common Wild Pine Tillandsiafascicr.data E(FDA) -
Abbreviations:
A[!eDcies
FWC~Florida Fish and Wildlife Conservation Commission
FDA=Florida Department of Agriculture and Consumer Services
fWS~United States Fish and Wildlife Service
Status
E=Endangered
T=Threalt:nJ;d
T(S/A)~T}u'catcl1ed/SimiIarity of Appearance
SSC=Specics of Special Coucem
CF.=Commercially Exploited
iii. Indicate how the project design minimizes impar.ts to species of special
status.
A listed species management plan has been developed to ensure no taking occur~ during
clearing activities for the parcel. (RXHIR IT 18)
iv. Prov3de habitat management plans for each of th~ ii_sted species known to
OCCllr on the property. For sites with bald cagle nests and/or nest
protection zones, bald eagle manag~mcnt plans are required, copies of
which shall be included as exhibits atLdched Lo the PUD documents, where
applicable.
A listed species'management plan has been developed to ensure no la~,ing occurs during
clearing activities for the parcel. See this plan for specifics.
G\HI' Project FlI"s\JlI(l.'s\]lIr;.ElWirlln"\.enl~1 A.~e~~menIS J\3119-070 FaWl}' Aqlll\Cullmc\2nd S"bll\ll1at'lf:NVIRONMF.NIAI, IMPACT STATF.MTINT 5.1.07,doc
.Agenda Item No, 8A
October 23, 2007
Paqe 58 of 91
Fnwzy 7\.quacullurc
Collier COllllty Ellvironmental Impact Statemenl
Pflgc 18 ofl9
v, N'here applicable, include correspondence received from the Florida l!'ish
and Wildlife Conservation Commission (FFWCC) and the O.S. Fish and
Wildlife Service IUSFWS), with regards to the project. Explain how the
concerns of the~e agencies have been met.
Consultation has been sought with the FWC and USFWS. See attached email response
from Stephanie Rousso, FWC Biologist (EXHIBIT 16). Ms. Rousso's recommendations
will be followed wherever possible. Due to the small size ofthc property, the applicant is
unable to mect the 100 foot perimeter buffer requirement. The applicant is however,
upgrading the perimeter buffer from a 10 foot "A" buffer to a 10 foot type "B" buffer in
order to help meet Ms. Russo's buffering concerns.
No response has been received from the USFWS. Requests to the USFWS will continue
to be made and any responses given will be provided to Collier County.
Potential incidental take concerns of the FWC are being met by following the attached
Management Plan illr Listed Species (EXHIBIT 18) and providing an upgraded perimeter
buffer around the property.
h. Other.
i. For multi-sJip docking facilities wi~h ten slips or more, and for all
marina facilities, show how tho project is consistGnt with ttle r[farina
Siting and oLher criteria in the t":'lanatee Prot0.ction Plan. ii. Incl.udc the
result~ of any Rnvironmental assessments and/or audits of tll0. property.
It applicable, provide a harrative of Lhe cost and measures needed to
clean up Lhe sire.
Not Applicable. The project is not located adjacent to (he Gulf of Mexico.
iil. For siteD located in the Rj,g Cypress Area of Critical State Concern-
Special Treatment IACSC-ST) overlay distri~tl nhow tlOW the project is
consistent h'ith the development standards and regulations establ.i.shed for
the ACSC-ST.
Not Applicable. The project is not located within the Big Cypress Arca of Critical State
Concern.
iv. Soil sampling or ground water monitoring reports and programs shall be
required for sites that occupy old farm fieldsl old golf courses or for
\t/hich there is d L"easollable bi'lsis for believing that there has been
previous contam; nation on site. The amount of ::1Bmpling and testing shall
be determin~d by the Environmental Services staff along with the
Pollution Control DepartmAnt ~nd the f'lorida Oepartment of Erlvironmental
Protection.
The site is currently undeveloped. No Phase I environmental sampling has been done.
v, Provide documen.tation f:rom the Floricltl ~-1a.stcr Site F'ile, F'1orida
Department of State and dny printed historic archaeoloqicJl surveys that
have benD r:onducted on the p:rojec:t area. Locate Zlny knm'-.'11 historic or
archaeological siLes and their relationships to the proposed proiecl
G,I.llP Pm;CCl filuIJOO's\}K'l-EIl~iron,"rnlall\s$~,smcm. 1',)l\9.070 fawl.)" AqURcull"rcUnd SubmiUaI'iliNVlR,O"'MENTAL lMl'ACT STATD.iENT :i-l-07.doc
Agenda Item No, SA
October 23, 2007
Paqe 59 of 91
rawLY-Aquaculture
Collier Coun!y Environmental Impact Stalcmcnt
Page 190f19
design. Demonstrate how the project design preserves the
historic/archaeological integrity of the site.
No historical or archaeological survcys have been conducted on the subject property,
howcvcr a letter was submitted to the Division of Historical Resources requesting that
they review the Florida Master Site File. A response was received that states no historical
properties or significant historical resources are expected on the property. See attached
letter (EXHIBlT 19).
G:\Hl' PlOjcC1 filc~\3(lO'5\JS9.EnyiH",rnenlal ^,sr._~lmenU l\]S~-070 Faw~y Aq\l8Clllmre\2nd Submiltlll\CNYIRONMENTAL IMPACT STATEJMENT ~-1.(l7_dQe
I
Agenda Item No, SA
October 23, 2007
HOOVER PLANNING & DEVELOPMENT. INC:700f91
Land, Environmental & Traffic Planning Consultants
3785 Airport Road "Jorth, Suite B-1, Naples, Florida 34105
Education
SI. Cloud State University, B.S., Magna Cum Laude, Aquatic Biology, 1994.
Jeremy C" Sterk
Professional Affiliations
National Association of Environmental Professionals
Florida Association of Environmental Professionals
Work History
December 2002 10 Present
Environmental Consultant I Land Planning Consultant
Hoover Planning & Development, Inc.
Naples, Florida
September 1994 to December 2002
Environmental Consultant
Boylan Environmental Consultants, Inc.
Ft. Myers, Florida
Professional Experience
. Vegetation & Habitat Mapping
. Environmental Assessments
. Protected Species Survcys (PSS)
. Species Management Plans
. Wctland Delineation
. Wetland Jurisdictional Determinations
. Environmental Impact Statements (E [S)
. Mitigation Planning & Design
. Wetland Monitoring
. Post Permit Compliance
.
GIS I GPS Mapping
Environmental Resource Permitting (ERP)
Environmeutal Land Use Planning
Bald Eagle Monitoring
Native Vegetation Restoration Plans
Gopher Tortoise Permitting IRelocations
Incidental Take Pemlitting
Bald Eagle Monitoring
PUD Submittals
Conditional Use Requests
.
.
.
.
.
.
.
.
.
Experience in Lee, Collier, Charlottc, (jladcs, and Hendry Counties.
Other Professional Experiences
1994. Wrote & published commercial computer softwarc for [he rapid identification of freshwater
algae, Computer Assisted Algal Recognition (CAAR).
1996. Headed a field research project using telemetry tracking [0 study the swimming speed of
lemon sharks in the Bahamas.
199R. Wrote an ecological assessment computcr model Illr the South Florida Water Management
District as pUlt of the South Lee COllnty Watcrshed Study.
Land Planning: (239) 403-B899
Fax: (239) 403-9009
Environmental: (239) 403-8333
Agenda Item No, SA
October 23, 2007
Page 71 of 91
REV. 3
CU-Z005-AR-8748
PRO.JECT #2005050011
DATE: 11/8/06
CAROLINA VALERA
Traffic Impact Analysis
Report
For
Fawzy Aquaculture
Conditional Use Application
Prepared For:
Q. Grady Minor
3800 Via Del Rey
Bonita Springs, Florida 34134-7556
Prepared By:
AKDM Design Group
4586 Progress Avenue
Naples, Florida 34104
March 15, 2006
t{.tI. O(
Traffic Impact Study Certification
I certify that this Traffic Impact Study has been prepared by me and that I have
experience and training in the field of traffic and transportation engineering.
Arnold N. Kenly, .Jr., PE
Florida PE Registration # 56187
AKDM Design Group
State of Florida Engineering Certificate of Authorization # 9401
Aqenda Item No, 8A
c October 23, 2007
Page 72 of 91
k
'1-11 06
Agenda Item No, SA
October 23. 2007
Page 73 of 91
Executive Summary
It is proposed by Fawzy Aquaculturc to construct a pond for farming Talapia fish, under a
conditional use of the property currently zoned Agriculture (A). The pond excavation will
be approximately 300,000cy. It has been assumed for traffic engineering purposes, 15
dump trucks will be utilized per day for soil excavation. Based on a 10 truck trips / day
rate (data obtained from Better Roads pit mine operations), then truck traffic will be
limited to 150 trips / day. The PM Peak Hour trip operation is assumed to be 10% of the
daily traffic, and therefore will create 15 peak hour trips. A site vicinity may has been
included to show the truck traffic impacts to the surrounding roadways. From the site
map, it can be seen there is only one way in and out of the project site, The major arterial
roadway impacted is Golden Gate Boulevard at 10th St S.W, (east of Wilson Blvd). It
should be noted this part of Golden Gate Boulevard is not included in the County's
.. checkbook concurrency. Concurrency stops at Wilson Boulevard just to the west. It is
imderstood, the client will enter into a maintenance agreement to have these impacted
roadways maintained at all times during the work progression.
The construction impact ofthe pond will be approximately 5 months. This assumes a 6
day work week, and a total of 18,182 truck loads, based on the 300,OOOcy removal, and
16.5cy of material per dump truck. At 150 truck trips per day, that equals 121 days of
work, or 5 months total. After the pond is excavated, thcrc will be very little traffic (0
and from the site. The owner, once a week will eheck on the fish pond operation. Once
every six months or so, a truck vendor will be at the site to remove fish stock for
processing for retail sale.
Agenda Item No, SA
October 23, 2007
Page 74 of 91
Table 1
Total Average Daily Project Trip Generation
~~~""""-~-"'''''''~---''-'''''''''~~~-''''''''~''''''''''if'''''''''''''~-~'
~" . " '1"\' Ii' '''':' ,'1['.,
Iltll~~ L-Jf{',J<.!I,j !I)r::ii~W r~.t.l:, J ,~" J:,\'~)~t!LJ~~! iH,}
:'"-~- ..lLdE~l~\~'__lc_.~dL~~JSf~Ji,~- -4__ t~~L,....jL___,~~c>~~SEi!)~:illilJ;.riltllii1lli~;~.w;h ^,i2I1i~I~ \.;
Dump Truck Traffic
N/A
15
150
Total Trips: 150
Table 2
Total PM Peak Hour Project Trip Generation
Dump Truck Traffic
N/A
150
T;150 truck trips X 0.10 trips (peak
hour)
Total Trips:
15
15
Tab!e 3
Enter/Exit Breakdown of Trips During PM Peak Hour
l~_~~~..:~r'?~~~~.}~.~ 'I..,~\\trl ;>:;::" "I '. -,'c.""'}'; '-, ",:;1;, ^-=j>"\'''q('$-~~.' -',',?;!':'';..,",~i{\'''::i)'J.;"1.,~:c:...~
: : -," "'" i " :" ;,' " - """::i . ;Lt4j'W!(\,~J:~i}1'i!~'li)i\t';f~,::t 11;~mKrWf.:ti-i1'{b100t1:&r;1'.t!)j'''llal,g1
:.~ '. 1 ' ,';. ~. :: .' 11-'< ",Ii :,i<-..:>, ":-:~, il;T~,J~3;r~ " <I' ,.-. ,;;~,_ (~l~:Ht)Y{~~1il ,':. ~l~.:-,.: ..9
ii,l ., - "I,/, - 1 "L",~,'~.~~~&.:2:L~=t"",,,,,_~~_...ll~_~~~__~__.,,,._,_==!---=.....c...._.~_,,____"~
,,.1 '. ,I 1, , . ,~4~t ,"riOI!?If: ~JI~;"T t-"<;<~""-"~7<i,"7ir ,,...---.." ':' "';~ ll""-'~:"'~':;'~:I:lr"'" ~~'-'~:;;:'~~'7;r:-';~~
" ./(,-,, . ..,I,1'~: :f~' ';'f'~';hi" :;'';.1(;'~'1~ ,:.:~;- :.<, ,,'r~;~'::k:~~',;'J;~:~\,(~>,:j~~:'.< 4
", ,11"1::l:;jJ}'<-'"lt1\!t,.,.,~",..,\.,~.,. A '!1~}"'4","'~,'~\\h ,I"J'-'-:}' /" '''~
- '," . I,... ",,) ..[ ",'.j<~o;./)""~)"iA:"J'r J~'\lnr"'.'3\:'".;i';:]~ ,",.: ',."J' .._'~
,. " - '1 ~1"V"J'jflUt", "", ,,' """, F'C.""l'" "", 'l"'''~''''''')i1/'' ,,1-,. "O""",>>...".",w",.,!.,2,.,""d,.r,t"f'l , !, ;,,, :,~'H', .. ,
o.:L.....,,;,..~.'''~.,...'::.~:cit.i1~W2.ll.\\J~~:.;l~~.!~~~,g Jd.::.~~l
Dump Truck Traffic
15
50
50
7
8
Agenda Item No. 8A
October 23, 2007
Page 75 of 91
Table 4
Total PM Peak Hour External Project Trips
Dum Truck Traffic
15
8
8
8
Total Trips
8
Table 5
Total PM Peak Hour External Non-Pass By Project Trips
Dump Truck Traffic
15
0%
15
7
7
8
8
Total Trips
Total PM Peak Hour Trips: 15
I: \pro j-eng\F AWZY\ 15Acre\MC P\ 15acre.dwg, SITE, 9/8/2006 12: 16: 43 PM, ara~il,lt'l'm,Nq.rM.pl pia
... .' Octooef Z3'~;!(J'07' '
Page 76 of 91
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I',genda Item No. SA
October 23, 2007.
Page 78 of 91
RESOLUTION 07-_
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, RELATING TO PETITION
NUMBER CU-2005-AR-8748, GRANTING A CONDITIONAL
USE FOR EARTH MINING IN TI-IE RURAL AGRICULTURAL
(A) ZONING DISTRICT, PER SECTION 2.04.03 "TARLE 2" OF
THE LAND DEVELOPMENT CODE FOR PROPERTY
LOCATED IN SECTION 22, TOVVNSHIP 49 SOUTH, RANGE 27
EAST, COLLlliR COUNTY, PLDI{IDA.
WIfEREAS, tile Legjstature of the State of Florida in Chapter 67-1246, Laws of Florida,
and Chapter 125, Florida Statutes, has confelTcd on Collier County the power to establish,
coordinate and enforce zoning and such business regulations as are necessary for the protection
of the public; and
WHEREAS, the County pursuant thereto has adoplcd a Land Development Code
(Ordinance No, 2004-41) which includes a Comprehensive Zoning Ordinance establishing
regulations for the zoning of particular geographic divi~ions of the County, among which is the
granting of Conditional Uscs; and
WHEREAS, tile Board of Zoning Appeuis (Board), being the duly appointed and
constituted planning board for the area hereby nffectcd, has held a public hearing after notice as
in said regulations made and provided, and has consldercd the advisabiJity of a Conditional Use
for emtb mining, pt;r Section 2,{)4.03 "Table 2" of the Land Development Code, to allow
cxcawltion in exces.s of 4,000 cubic yards jn the Rural Agricultural (A) 7,oning District on
propc:rly hereinafter described, and .the Collier County Planning Commission has found as a
mMter of fact (Exhibit "A") tJ1at satisfactory provision and arran~ement have been made
concerning all <lppl1cabk Inatlcrs required by said regulatiuns find in accordance with Subsection
10.08.00.D. of the Land DeYelopment Code; and
WHEREAS, all interested parties have been given opportunity to he heard by this Board
in a public meeting assembled anc1the Board hClvLng considered all matters presented.
NOW, THERIlI'OJ<E, BE IT )!ESOLVED BY THE BOARD OF ZONING APPEALS
01' COLLIER COUNTY, FLORIDA. that:
The petition filed by Alan Roseman of Q. Grady I\'Hnor & Assoc. P,A., representing
A.~hraf Pawzy, with respect to the property hereinafte.r described in Exhibit "B," is hereby
approved for a Conditional Use for earth mining, per Scclion 2.04.03 "Table 2~' of the L.1ud
Development Code, to allow excav~\lion In excess of 4,000 cubic yards in the Rural Agricultural
(A) Zoning District in accordance with tbe Conceptual Master Plan (Exhibit lie") and subject to
the conditions ~et forth in Exhibit "D," which is attached hereto and incorporated by reference
herein.
Pagelof2
Agenda Item No. 8A
October 23, 2007
Page 79 of 91
BE IT FURTI-IER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second and super.rnajority vole. this
day of
,2007.
ATTEST:
DWIGlIT E. BROCK, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
By:
t Deputy Clerk
.JAMBS COLETTA, CHAIRMAN
1m
.Jcffrej
Mana
. CU-2005-AR-8748/CVlsp
Attachments:
Exhibit A: Collier County Planning Commission Pindings of Fact
Exhibit B: Legal Description
Exhibit C; Conditional Use Conceptoal Site Plan
Exhibit D: Condition!> of Approval
Page 2 of 2
Agenda Item No. 8A
October 23, 2007
Page 80 of 91
FINDING 0]<' FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2005~AR-8748
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 will not
adversely affect other property or uses in the same district or neighborhood because
of:
A
Consistency with the LaniD velopment Code and Growth Management Plan:
Yes No .
B,
Ingress and egress to property and proposed structures thereon with particuiar
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 in relation to noise, glare, economic or odor
effects:
_ No/feet or _ Affect mitigated by
Affect cannot be mitigated
D, Compatibility with adjacent properties and other propeliy in the district:
Compatible use within di7'ttic
Yes No
,
/
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
::~': f: "",,,ill " >h, BOMd of z"':;;~v. ~
EXI-lISIT A
Agenda Item No. 8A
October 23, 2007
Page 81 of 91
)
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2005-AR-8748
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 affeet other property or uses in the same district or neighborhood because
ot .
A. Consistency with the Land Development Code and Growth Management Plan:
Yes_'f-_ 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 l No
C, . Affects neighboring properties in relation to noise, glare, economie 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
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:--f').~ U '7 CHAI~ ~ _ -- '--
)
,
EXHIBIT A
)
FINDING OF FACT
BY
COLLIER COUNTY PLAJ\'NING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
Agenda Item No. 8A
October 23, 2007
Page 82 of 91
<!i
CU-200S-AR-8748
The following facts are f01ll1d:
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 uscs in the samc district or neighborhood because
of:
A,
Consistency with t0and Development Coc)e 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 ,u;ces .in case offlre or catastrophe:
)
Adequate ingress
Yes
No
C. .Affects ne' ghboring properties in relation to noise, glare, economic or odor
effcets:
No affect or __ Affcct mitigated by
_ Affect cannot be mitigated
D, Compatibility with adjacent propelties and otiler propelty in the district:
Based on the above findings, this conditional use should, with stipulations, (copy~att
recommended for approval to the Board of Zoning Appeals,
,
/
DATE: ~- 3 --0 ?
0fE" .1'Rb 1i.H:
;:!?d.!;PeT V/?,{ /U7c:..xJ
EXHIBIT A
Agenda Item No. 8A
October 23. 2007
Page 83 of 91
)
FINDING OF FACT
BY
COLLIER COUNTY !'LANNING COMMISSION
IcOR
A CONDITIONAL USE PETITION
FOR
CU-2005-AR-8748
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 me will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
\..
B.
Consistency with the Land Development Code and Growth Management Plan: .
(~~j1}u:.... flC)IC,) "?'./' ,.:> ._",)61 ~?XD'tt+::.)r':.J:'VP-~"'2'r
Ycs No 1/ 10(01'011- fd.) I. l. + 2,,3. , . .
('" ," LL'V\'o..- 0 'JoJ ,h.." $,'f-'Q....f)C'( a,..~ ,'^y l-V (-e v
Ingress and e6'Tess to property and proposed structures thereon with palticular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
A.
)
Adequate ingress & egress
Yes No e/
IJ:.' f~nhlu'lcl ("IC~' /'1'')
l~iJi'!.-,j <: I,z.,_~.$,h j'j
C. Mfccts neighboring pl'Opelties in relation to noise, glare, economic or odor
effects:
V No affect or _ Affect mitigated by
_ Affect carowt be mitigated
D, Compatibility with adjacent properties and other property in the district:
Compatible use within district
S,;J.t,,'..f/}'J7 / ,17,) ,~k J.;~ k__~ J.....J
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Yes No [./ r
t0~'-'C.Q.0\.~ D\.M-L.. ~,\.4:.i I'KI a.J ,~UC~ ",--
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
)
DATE: B 'L -07
CHAIRMAN:~1
t
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tt~-t::~
, -
EXHIBIT A
Agenda Item No. SA
October 23, 2007
Page 84 of 91
FINDING OF FACT
BY
COLLiER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2005~AR-8748
The following faets 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:
B,
.' . /. L f. 7. i, j.J
Consistency with the Land Developm~;ht I:ode and GrowtH Management Plan:
V AJtePl/.sa..)~j/U('; - A}Dtv/O
Yes No / JJI{)~Y /;2./'iiO Ctu?IC-/b, d;:7?J77It. bXflflLJIITlt7;J
Ingress and egress to propetty and proposed strllctures thereon with particular
. reference to automotive and pedcstrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
A.
)
/
Adequate ingress & ef,,'Tess
Yes No,l
C. . Affects neighboring properties in relation to noise, glare, cconomic or odor
effects:
No affect or ._ Affect mitigated by
-..!! Affect cannot bc mitigated' .
D, Compatibility with adjacent propcliies and other propcrty in the district:
Compatible use within district
p J+j.J jl-1l:::7~ tlll16i m-j
Yes No~
Based on the above findings, tllis conditional use should, with stipulations, (copy attached) be
recommended fo1' approval to the Board of Zoning Appeals,
)
DATE: .J:/;{ It/I! .
-; / '
/VIE1'1I3.-a2- :J '-13 '7
GHAIRMA}!: /.lti-'J')JM__ '-I'/LOO'_(/cjl,,<.:v
EXHIBIT A
Agenda Item No. 8A
October 23, 2007
Page 85 of 91
)
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2005-AR-8748
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 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,j' No
B.
Ingress and egress to property and proposed structures thereon with p81ticular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fIre or catastrophe:
)
Adequate ingress & egress
'V
Yes No
C, . .Affects neighboring propelties in relation to noise, glare, economic or odor
effects:
,/ No affect or. _ Affect mitigated by
_ Affect cannot be mitigated'
D, Compatibility with adjacent propcrtics and other property in the district:
Compatible use within district
J
Yes v No
. I
"
Based on the above findings, this conditional use should, with SI1"I.I1.' lations, (copy attached) be
recommended for approval to the Board of Zoning Appeals,
DATE: <~JL )~l. -{;-HA:1KlVIAN:;' .
~- r\l\ \:5~\(~,_J f:)lLf\.o ~:t:.~VY\' ere./
EXHIBIT A
Agenda Item No. SA
October 23. 2007
Page 86 of 91
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITlON
FOR
CU-2005-AR-8748
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 wi11110t
adversely affect other property or uses in the same district or neighborhood because
of:
A.
Consistency with the Lm7ve!opment Code and Growth Management Plan:
Yes No
B,
Ingress and egress to property and proposed stmctmes thereon with pmticular
reference to automotive and pedestrian safety und convenience, traffic flow
and control, and access in case of fire or catastrophe:
,
)
Adequate ingress & egress /
Yes No vi
C, Affects neighboring properties in relation to noise, glare, economic or odor
effects:
/
_ Noyc:~r __ Affect mitigated by
_ Affect cannot he mitigated'
D, Compatibility with adjacent properties and other property in the district:
Compatible use within district //
Ycs No /
Based on the above findings, this conditionuluse should, with stipulations, (copy attached) be
reC()mmended for approval to the Board of Zoning Appeals.
)
DATE:
Y'/J ~ rJ?
&&~K'__
EXHIBITA ~-
/Y~~j/
'-.-/ I
,
Agenda Item No. 8A
October 23, 2007
Page 87 of 91
)
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2005~AR-8748
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 will not
adversely affect other property or uses in the same district or neighborhood because
of:
A.
Consistency with 'e Land Development Code and Growth Management Plan:
YCs~ 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 offire or catastrophe:
)
Adequate ingress & egress
Yes r/ No
C. .^ffccts neighboring properties in relation to noise, glare, economic or odor
effects:
'/No affect or. _ Affect mitigated by
_ Affect cannot be mitigated'
D, Compatibility with adjacent properties and other property in the district:
Compatible use within district
'Yes / No
)
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning APP~
DATE: ~ J '11 0 '7 __ 1,].:.
~ Cel..1~ __
EXHIBIT A
"
Aoenda item No. 8A
" October 23, 2007
.F~age 88 of 91
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, '
FAWZY AQUACULTURE
PROPERTY DESCRIPTION
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-~ THE WEST 1/2 OF THE NORTH 1/2. OF THE SOUTH 1/2, OF THE NORTH 1/2.
C; OF THE SOUTH 1/2. OF THE NORTHEAST 1/4: LESS THE WEST 35 FEET THEREOF.
0.. DEDICATED FOR ROAD PURPOSES: AND THE WEST 1/2 OF THE SOUTH 1/2. OF THE SOUTH 1/2.
c3:. OF THE NORTH 1/2, OF THE SOUTH 1/2, OF THE NORTHEAST 1/4: LESS THE WEST 35 FEET THEREOF.
E DEDICATED FDR ROAD PURPOSES: AND WEST 1/2 OF THE NORTH 1/2. OF. THE NORTH 1/2, OF
o .' ,
U; THE SOUTH 1/2, O~ THE SOUTH 1/2. OF THE NORTHEAST 1/4: LESS THE WEST 35 FEET THEREOF. DEDICTED
~ . .
_<2 FOR ROAD PURPOSES. ALL LYING AND BEING IN SECTION 22. TOWNSHIP 49 SOUTH, RANGE 27 EAST
0.. .
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EXHIBIT C
Agenda Item No. 8A
October 23. 2007
Page 90 of 91
CONDITIONS OF APPROVAL
CU-200S-AR-8748
August 13, 2007
1, The use is limited to that depicted on the conceptual site plan identified as "Fawzy
Aquaculture Master Site Plan" preparcd by Q, Grady Minor and Associates, P,A.,
dated January 2005, as revised tbrough June 30, 2006, except as fmther conditioned
below,
2. Approval of this Conditional Use shall not be construcd as approval of thc attached
conceptual site plan; the site plan shall be formally reviewed and approved as part of
the Site Development Plan (SOP) proccss, No variances from any LDC requirements
have been granted as palt of the acceptancc of the subject si le plan. If it is determincd
that the site plan is not in compliance with any LDC requirement, thc site plan must
be brought into compliance prior to tbe issuance of allY site development plan
approval. No excavation pel'mit shall be issued until the SDP has been approved,
3, The alnount of excavatcd material is limitcd to 300,000 cubic yards,
4. Excavation activities, including removal of material from the subject site, are limited
to 18 months from the beginning date of excavation, as rcported in the "Annual Status
Report for Lakc Excavation," requircd to be submitted to the County Manager 01'
designee,
5. All scctions of roads impacted by truck traffic generated by the cxcavation activity
sball be maintained by the owncr of the subject sitc in a dust-free condition for the
length of excavation time, as rcpOlted in the "Annual Status RepOlt for Lake
Excavation" to be submitted to the County Manager or designee. Maintenance of the
roads shall also consist of all material or components of the roads, which inelude a
stabilized subgrade, base and wearing surfacc. The sections of road to be maintained
include the section on Ashraf I3attisha Road, from tbe entry to the project site to
rawzy Battisha Aquaculture A vcnue; tbe section on Fawzy Battisha Aquaculture
Avenue, hom the intcrsection of Ashraf Battisha Road to Dove Strcct; the section on
Dove Street, from thc intersection of Fawzy Battisha Aquaculturc A venue to
Frangipani Strcet; the section on Frangipani Street, ti'om thc intersection of Dove
Strcct to 101h Strcet SE; the section on 101h strcct SE, from thc intersection of
Frangipani Street to Golden Gate Boulevard; and tbc section on Golden Gatc
Boulevard, fl'Om the intersection of 10th Strcct SE to Collicr Boulevard, The County
Manager or his dcsignee may add sections of road to the above list, at his/bel'
discretion,
EXHIBIT D
Agenda Item No. SA
October 23, 2007
Page 91 of 91
6, The pelmitted aquaculture facility shall be limited to native species within the orders
of Ictaluridae and Palaemonidae, If a modification to the products allowed by
Aquaculture Celiificate Number AQ5421037 is made, it will require approval from
Collier County Environmental Staff,
7, This project is within the Panther Primary Merit Zone, Consultation must be sought
from the wildlife agencies for any mitigation required, Staff will ask the agencies to
sign off before work on the site commences with the first Development Order,
8, The results of a llig Cypress Fox Squirrel survey and listed plant species relocation
shall be provided within 60 days of the Agricultural Clearing Notification approval,
9, Copies of all required agency pcrmits shall be submitted prior to commencement of
any work on the site,
10, On-site water wells shall not to be used to fill, replenish, 01' cycle water through the
proposed aquaculture lake,
II. The applicant shall provide wildlife crossings per the North Belle Meade Overlay
requirements of the GMP, with the number and design to be determined at the lime of
site development plan approval, subject to review and approval by the County
Enviromnental Services Department.
EXHIBIT >>
Agenda Item No. 88
October 23, 2007
Page 1 of 107
EXECUTIVE SUMMARY
HD-2007-AR-11828, Collier County Historical and Archaeological Preservation Board
(HAPB) request the Collier County Board of County Commissioners (BCe) to officially
designate a 13.35:1: acre tract developed as a tropical garden by Dr. Henry Nehrling from
1921-1929, as an historically significant site for property located on the east side of
Goodlette-Frank Road (CR-851) and approximately a quarter mile south of Golden Gate
Parkway (CR-886) in Section 27, Township 49 South, Range 25 East, Collier County,
Florida.
OBJECTIVE:
This petition seeks to have the BCC officially designate the original 13.35I acre tract that was
developed as a tropical garden by botanist Dr. Henry Nehrling as an historic site, The Historical
and Archaeological Preservation Regulations as provided for in the Collier County Land
Development Code (LDC) are intended to protect, preserve, and perpetuate historic and
archaeological sites, districts, structures, buildings and properties in Collier County,
CONSIDERA nONS:
The Collier County Historic and Archaeological Preservation Board (HAPB) is vested with the
power, authority, and jurisdiction to designatc, regulate, and administer historical and
archaeological resources in Collicr County, as set forth in Section 8.07.02 of the Land
Development Code (LDC), under the dircct jurisdiction and control of the Board of County
Commissioners (BCC). The HAPB functions as an advisory board to the BCe.
It is the intent of the HAPB to increase public awareness of the importance and significance of
Collier County's historical and archaeological heritagc by protecting, preserving and
perpetuating Collier County's historic and archaeological artifacts, sites, districts, structures,
buildings, and properties,
The HAPB first reviewed and considered the historic designation of the Nehrling tract during
their public mee1ing on May 18,2006. The subjec1 13.35I acre site is located within and is a part
of a larger 43,52 acre parcel owned by Collier County which is leased to the Naples Zoo (See
attached location map), The basis for the HAPB's recommendation is by virtue of the historical
importance that Nehrling's tropical garden played throughout the years starting with Dr.
Nehrling in 1921 and then with Julius Fleischmann's restoration of the garden's in 1954 by
nurturing the old plantings and then planting of ncw species, The Nehrling tract represents
characteristics of historical significance due to the cultural, social and economic history that
contributed to the history in Collier County and the life of Dr. Henry Nehrling who contributed
to the protection of tropical plants in Florida's agriculture and was a noted research scientist. On
November 21, 1997, Dr. Nehrling received the "Plant Protection Award of Eminence" and
"Honor Roll of Eminence" awarded by the Florida Department of Agriculture,
--
Page I of5
Aaenda Item No. 38
- October 23, 2007
Page 2 of 107
The HAPB also met with representatives from the Nap]es Zoo on March 15, 2006 (Exhibit A).
The HAPB held an open discussion of the historical designation of Nehrling's tropical garden
with the Zoo representatives, The HAPB and the Naples Zoo representatives reached a consensus
to have a cultural landscape survey done by a certified archaeologist to detcrmine what portion
of the remaining site is to carry the historical designation and specific significance, June 30,
2006 a Request for Proposals (RFP) (Exhibit B) was drafted and distributed to obtain qualified
firms capable of providing consulting services for the development of a Cultura] Landscape
Report for the original 13,35", acre tract occupied by Dr. Henry Nehrling trom ] 921-] 929, now
part ofthe Nap]es Zoo.
During the Preservation Board's advertised meeting on March 21, 2007, the HAPB unanimously
voted (7 to 0) to nominate Dr. Nehrling's original 13.35", acre site as historically significant
subject to the recommendations contained in the Cultural Landscape Assessment (Exhibit C) and
to forward the recommendations to the BCC for their consideration of an official historic
designation for the subject site,
Using "A Cultural Landscape Assessment of the Nehrling Portion of the Naples Zoo Property,
Collier County, Florida" prepared by Archaeo]ogical and Historical Conservancy (AHC) as a
basis, the HAPB and Board of Directors of the Naples Zoo have jointly crafted the
recommendations containcd within this executive summary. The Naples Zoo recognizes the
importance of the historical resources on the subject property and is committed to work in
cooperation with the BCC to preserve and enhance thcm. The HAPS recognizes that there are
conceptual development plans for the site. These plans are attachcd as Exhibit D, E, and F,
depicting the Naples Zoo Master Plan and the 1\iorth-South service road parallel to Goodlette-
Frank Road, These plans will require a Certificate of Appropriateness from the HAPS at the time
of issuance of the appropriate development order.
It should be noted that shes and structures designaled historic may be cligible for administrative
variances or other fon11s ofrclief fi-om building codes as follows:
Repairs and alterations may be made without conformance to requirements of
thc Standard Building Code when the work has becn issued a Cel1ilicate of
Appropriateness, . . provided that:
]. The restored building will be no more hazardous, , . than il was in its
original condition,
2. Plans are sealed by a Florida registered architecl or engineer, if required.
3. The CDES Administrator has required the minimum necessary cOlTeclion
to be made before use, in the interest of public health, safety and welfare.
Subject to a number of conditions, adminislrative variances can be approved regarding setbacks_
lot widths, depths, area requirements, and development regulations, open space and parking
requirements and similar variances not related to.a change in use of the property,
A Cel1ificate of Appropriateness is required to be issued by the Preservation Board tor
designated sites before issuance of permits to alter. excavate, relocate, reconstruct or demolish;
Page 2 of 5
!~genda item f\jo. 88
OGtober 23,2007
3 of 107
these are needed before the issuance of building, tree removal, or demolition pennits. They also
are needed before the issuance of building permits for new construction within an historic district
to ensure hannonious architectural design and to preserve the inlegrity of the historic district.
The Transportation Services Division has requested an exemption from having to obtain a
Certificate of Appropriateness for road improvements related to the North-South service road,
which runs parallel to Goodlette-Frank Road (CR-851) (Exhibit E & F). The
requested exemption is based on the Growth Management Plan (GMP) Transportation Elemcnt
Policy 9.3, which requires the County to provide access for intcrconnection of local streets
between developments to facilitate convenient movement throughout the road network. The
North-South scrvice road is intended to provide access 10 the parcels adjacent to the Naples Zoo
and will not affect any historically or architecturally significant structures,
FISCAL IMPACT:
Staff circulated a Request for Proposals (RFP) seeking proposals from qualified firms capable of
providing a Cultural Landscape Report for Dr. Nehrling's tropical garden. The County paid
Archaeological and Historical Conscrvancy (AHC) $19,500 which came from the funds that
were generated from Ihe rent of Naples Zoo.
The HAPB assumcs that the Naples Zoo shall have no iinancial obligations as a result of
designating the subjcct 13.35x acrc site historic. It is uncetiain that an historic designation by
and of itself will have a fiscal impact on the County's budgct. However, thc cxccution of some of
the rccommendations below will require idcntification and sccuring of funding sources. No time
or schedule is associated with any recommendations madc by the Preservation Board. Staff
anlicipates that the County and Naples Zoo will work cooperalivcly to implement the
recommcndations as funding sources become available. Potential funding sources includc private
donations, ilnancial assistance and grants set aside f()r historic preservation projecls by thc Stale
of Florida and/or Ihe federal government. provided it meet the requirements of those tlnancial
assistance programs. While either Ihc County or Ihe Naples Zoo may contribute funds directly to
these projecls, neither is required to do so.
GROWTH MANAGEMENT:
The subject property is zoncd Commcrciallnlermediale (C-3) and Agriculture (A) as shown on
the Future Land Use Map of the Growth Management Plan ((iMP), The Land Developmenl
Regulations have been adopted to implcment the GMP in order to ensure protcction of hisloric
resources. Policy 3,1: h of the Future Land Use Element provides protection of historically
signiiicant propeliies,
HISTORIC AND ARCHAEOLOGICAL PRESERVATION BOARD (HAP B)
RECOMMENDA TION:
The Historic and Archaeological Preservation Board (HAPB) forwards to the BCC a
recommcndation of approval for petition HD-2007-AR-11828 designating the subject 13,35x
Page 3 of 5
~Agenda : lem No. sa
October 23 2007
Page 4 of 107
acre site as historically significant. The Historical and Archacological Preservation Board further
recommcnds:
I, Existing historic specimen plants should be fully invenloried and mapped by GIS
coordinates, These plants should be maintained and interpreted at the zoo, This is
already the case in part, but consideration should be given to enhancing the interpretation
of the features of the site associated with Dr. Henry NehrJing.
2. Any proposed clearing and redevelopment of the zoo in the vicinity of the NehrJing
House Site (8CR974), and Slathouse (8CR975), indicated as an exhibit should be subject
to monitoring by an archaeologist.
3. The Caribbean Gardens Gatehouse/Gift Shop (8CR972) and its outbuildings are a
significant historic resource and should be preserved. Open 10 the public use is
preferred, Consideration should be given to using the building as a museum to interpret
the Nehrling, Fleishmann and Tetzlaff legacies.
4. If preservation of the Caribbean Gardens Gatehouse/Gift Shop and its outbuildings in its
original location is not feasible then it should be relocated and restored. In this last
resort, the structure(s) should be moved to a location as close as possible to the original
site while maintaining their original spatial relations as much as possible.
5. Management of the archaeological and historic resources on the subject parcel will
comply with the provisions of the Collier County Land Development Code.
6. Transportation Services Division is exempt from the Certificate of Appropriateness fcw
the proposed service road abutting Ihe Nehrling parcel will be granted subject to a
certified archeologisl being onsite to monitor all excavation activities and a requirement
that the waiver be reconsidered hy the HAPB in the event the archeologist finds
something of his to riea I or archeological significance.
SUMMARY:
Staff concludes that having an archeologist on site is unnecessary because the cultural
assessment (Exhibit C) was previously done and that p0l1ion of the site was found to have no
historical or archeological significance,
RECOMMENDA nON:
Staff recommends that the Bee approve petilion HD-2007-AR-11828 designating the subject
13.35ic acre site as historically significant subject to the recommendalions made by the Historical
and Archaeological Preservation Board except for recommendalion number six (6), and fUl1her
recommends the Transportation Services Division be grantcd an unconditional exemption from
having to obtain a Cel1illcate of Appropriateness for road improvements related to the North-
South service road, which runs parallel to Goodletle-Frank Road (CR-851)
Page 4 of5
PREPARED BY:
Melissa Zone, Principal Planner
Department of Zoning and Land Development Review
Exhibit A - March IS, 2006 HAPB meeting minutes
Exhibit B - Request for Proposals
Exhibit C - Cultural Landscape assessment prepared by AHC
Exhibit D - Naples Zoo Master Plan
Exhibit E - Conceptual plan for the North South service road
Exhibit F - North South service road parallel to Goodlette-Frank Road (CR-851)
Exhibit G - The Caribbean Gardens Gatehouse/Gift Shop (8CR972)
Exhibit H - The Caribbean Gardens Manager's House (8CR973)
Page 5 of 5
Agenda Ilem No. DB
Octobsr 23,2007
Page 5 of 107
IlemNumber:
Item Summary:
Meeting Date:
Page t of I
AgC'!nda Ilelfl No !:IB
Octob~1 23, 2()(j7
Page C of 107
COLLlICR COliNTY
IJ(,';'FD :,r (JJUtHi C(',MiilSCiluiH,ns
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! h'; 'W';' ""I',Jlk:, 11',dl ail 1"'111'1:0'1;,"'1:, l,w swu,n In (lnd ex parle disr:losure be provided by
'I"TI ",0; >;1 "I',"rl'I;'-'I" I !U_)'_1I)7_i,R ,I i82~ Tile Colliel County HistoriGal and ArGl1aeologiGal
P: " rw' '-'11 rloa,d 'eql.le'~\3 a "iI5tn!ical Di~,'gn~rion for the Dr, Nelll'ling tropical garden
',' I' (,11-, rVJlJ'lty PI')rJ'~rt'\' dllO leased hy Hie j'I,'1plesZoo. TI1€ sUbieGt property
';1.;1,""1 -"')'"11(1 "I II,{' rm:EI Is C:) and "A" Ruwl Ag<icullural, con:;ist ,,113,35 acre and is
I"'~;l:l,d ,,!' ~',\,Ij ':,u"dl, It\' r'l)21d rJullll Sectioll 27, Township 49 Soulll, Range 25 Easl,
(>__III'~r en,"',I\, ~ IGrI'.Ia
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Date
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Aqenda 11em No. 88
- October 23 2007
March 15,OW!)a 7 of 107
TRANSCRIPT OF THE MEETING OF THE COLLIER
COUNTY HISTORICAL! ARCHAEOLOGICAL
PRESERVATION BOARD
Naples, Florida, March 15,2006
LET IT BE REMEMBERED, that the Collier County Historical/
Archaeological Preservation Board in and for the County of Collier, having
conducted business herein, met on this date at 8:45 AM, in REGULAR
SESSION at the Collier County Community Development Services Division
Conference room #609, 2800 N, Horseshoe Drive, Naples, Florida with the
following members present:
CHAIRMAN: John Thompson
William DelllDsey
Thomas Fra~ ~hino
Patricia Hu
Ardavan MJveni
Elizabeth I;:rdichizzi
David Drcllpsa (volunteer)
ALSO PRESENT: Ray Bellows,
Melissa Zone, Principal Planner. Zoning Dept.
Heather Ramirez, Zoning Depal1 lent
Amanda Townsend, Parks and 1 .creation
Jeffrey Klatzkow, Assistant C( .lty Attorney
David Tetzlaff, Naples Zoo
Tom Hudgins, Naples Zoo, ('ard Member
A.genda Item No. 8B
October 23,2007
March 15,'1Jl!)a 8 of 107
1. Roll Call/Attendance:
The meeting was called to order by Chairman John Thompson at 8:53 A.M, Roll Call
was taken by Chainnan Thompson and a quorum was established,
2. Addenda to the Agenda:
Add
a. Tom Franchino-Archaeological Conservation Easements
b. David Draipsa- HALS Program update
Bill Dempsey moved to add the items to the agenda. Second by Betsy
Perdichizzi. Carried unanimously 6-0.
3. Approval of Minutes: February 15,2006
After a review of the minutes by the Board, William Dempsey moved to approve
the minutes of February 15,2006 as presented. Second by Ardavan Moaveni.
Carried unanimously 6-0,
4. Department of Zoning & Land Development Review Report:
A. Preservation Board Vacancy Update
Ray Bellows announced the BCes approval ofthc Historical/Archaeological
Prcservation Board's recommendation to appoint new membcr, Sharon Kenny to its
Board, He will make arrangements to provide hcr with packet of information and
procedures of the Advisory Board, Hc also told the membcrs that March 28, 2006 is
the date for the Chairman's Rep0l1 to the BCe.
5. Old Business: Nehrling's Tropical Garden Site - Historical Designation Update:
A. John called for a motion to discuss the Historical Designation.
Tom Franchino moved that the Advisory Committee hold a discussion of the
Historical Designation of Nehrling Tropical Garden. Second by Betsy
Perdiehizzi. Carried unanimously 6-0.
Ray Bellows rep0l1ed that he, .IeffKlatzkow, Amanda Townsend, Heather Ramirez,
Melissa Zone participated in a mceting and follow-up visit to the site, He stated that
what came oul of that meeting was a consensus to have a survey study done by a
Certificd Archaeologist to detennine exactly what portion of the remaining site is to
carry the historical designation, and its specific significance. They can then proceed
with their recommendations to BCC with some professional credence.
Melissa Zone statcd that the site has been disturbed over the years, that it is important
to know what authentically remains, She also inquired of Mr. Tetzlaff, the future
2
.~genda !tern No. 8B
October 23.2007
March 15,f2ilga 9 of 107
plans for the zoo; and if and how he felt the designation would impact the gardens,
She stated that the County is looking forward to a great partnership with the zoo,
Mr. Tetzlaff handed out a single sheet report, prepared by Dr. .Ian Abernathy, a
botanist who has been here since the 1950's and had also walked the] 3 acre North
side site. pointing out what he' heen here since the Nehrling era. The list presented
showed 19 trees, their type end how meny of each tree, Mr. Tetzlaff stated that they
will have a Master plan and work IowaI'd implementing it over time, Their focus is to
be able to expand the zoo around the designatcd historical areas of the gardens, to be
able to maintain the site (trimming and pruning), while promoting both gardens and
zoo. The aim of the zoo is to cooperate with the County but wants assurance that the
designation does not act as a deterrent to any financing, maintenance or grow1h of the
zoo. Designers of zoos will be contacted soon to bring in their vision of plan.
Tom Franchino questioned the mention of a Master Plan that had never been
brought up prior to the vote on the designation, He would like the Committee to be
able to see this plan. Also, questioned the need for archeologist study when the
designation has already been approved for recommendation. Sees need for a
historical study and historical records for the futurc planning and for public
ininnnation.
Betsy Perdichizzi questioned plans inr Public Access, These plans were discussed.
She also requested the zoo provide the committee with the Master Plan idea and
copies when completed.
David Draipsa offered insight as to the value of a historical survcy. Not only for the
amount of plants and trees, but also for Ihe stories and writings of Mr. Nehrling
associated with it. He explained the need inr a eulturallandscape rep0l1 before a
master plan is created, Master Plan can mesh gardens and zoo with diligent efforts by
BCC for positive result for posterity.
Ray Bellows explained the County is now owner and wants t(> know the exact
boundaries, history, what has been altered and what is original that will meet the
criteria of the historical designation, This will alleviate the concerns of the zoo
regarding their ability to maintain. work and grow around and wilh the designated
areas. He stated that a Certificate of Appropriateness would need to be issued for any
rcmoval or addition of trees and plants regardless of what area is involved as part of
Parks and Recreation criteria.
Jeff Klatzkow distribuled a copy ofthe relevant page from the lease that states the
consent of the zoo is needed and that remaining specimc', will be preserved.
Bringing in someone as liaison to work with the zoo OJ' . 'eservation is the plan.
Mr. Hudgins stated the zoo has been maintaining l' ,e 13 acres ff)r years and will
work in cooperation with the committee and BCC . . enhance the trustecship of the
gardens. Concern is only to protect the zoo from ih oPP0l1unity for grow1h and any
3
Agenda Item No. 86
October 23, 2007
March] ?,ag1l61 0 of 107
hindrance to financing due to historical designation,
Amanda Townsend stated that as representative of the property owner (Collier
County), Parks and Recreation is interested in pursuing harmony with the wishes of
the Zoo Board, HAPB, Zoning Department and Parks and Recreation in how to
handle the stewardship of the area, A cultural lands survey and historical assessment
by a professional in Botanical landscape is how they felt was the way to approach it.
There are funds available and it should take approximately three (3) months,
A brief discussion followed regarding putting the Master Plan on hold until the
cultural report is in. Committee needs to know what the zoo's plan is along with the
report's findings. Also of stairs desire to encompass all information that the BCC
will need to vote on the historical designation question,
William Dempsey moved to consider the RFP (Request for Proposal) by Parks
and Recrcation to review for recommendation at the next HAPB meeting.
Second by Tom Franchino. Carried unanimously 6-0.
B. Roberts Ranch Update-
Ray Bellows repol1ed that a request for temporary use of church for a visitors center
until new visitor center is up and running. A Certificate of Appropriateness can be
granted because of its historical designation. There will be no modifications on the
outside of the building.
C. Historic Guide Update-
.John Thompson commented on items in the present guide.
Bctsy Perdichizzi spoke on items and phOl0S to incorporate in the new Guide
regarding addilions of Roberts Park, Otter Mound. Royal Palm Hammock, Church of
God Cemetery. Old Marco Inn.
Patricia Huff has in/annation ofhislory of Everglades City. She suggested stories
and photos of Everglades City Hall, Rod & Gun Club. the Walking Dredge, Monroe
Station and Copeland Baptist Church. May need copyright permission on some
photos.
.John Thompson suggested they gather ideas to improve the revised guide,
Ray Bellows recommended that items should be of a Countywide historical nature
worth seeing and bringing attention to the area. Sample brochures and guides were
passed around and sees need for walking tour and driving tour guides of interesting
areas. He stated that now would be the time to include information on the County
web-site, as it is being re-done.
Melissa Zone offered ideas she has f(lr using research tools to do historic research.
Also can put information on the County web-site with links,
4
Aoenda Item No. 88
~ October 23, 2007
March 15?'"911611 of 107
6. New Business:
A. Toll Brothers DRI
Ray Bellows reported on DRI pre application meeting for a large project (975
residential dwellings, 975 multi family, 60,000 square feet of office and business
space, etc,) located near the Swamp Buggy Grounds. Reports will be prepared,
local and regional issues addressed as part of the DRl and cultural assessment will
all be presenled to the comminee.
7. Discussion of Addenda:
a. Archaeological Consen'ation Easements: (handout)
Tom Franchino explained interesting information on incentives to granting
conservation easements and determining value under tax code. An income tax
deduction would be an incentive to preserve lands. Could also help in preventing
building over easements and an economic incentive as well.
b. HALS (Historic American Landscape Survey) Update
David Draipsa explained that HALS program, as a companion program to the
Historical American Building Survey program. includes historical landscapes in its
documenlation in the National Registry. He is the Florida liaison for HALS and
would like to see Nehrling gardens documented as a historical landscape in this
Registry.
The next scheduled meeting will be held Wednesday April 19, 2006 in Room #609
Collier County Development Services Division, 2800:'<1, Horseshoe Dr-ive.
There being no further business for the good of the County, the meeting
was adjourned hy order of the chair at 10:] SA.M,
************
HISTORICAL/ARCHAEOLOGICAL PRESERVATION BOARD
Chairman, John Thompson
5
Agenda Item No. 86
October 23. 2007
Page 12 of 107
COLLIER COUNTY PUBLIC SERVICES DIVISION
3301 East Tamiami Trail, Bldg H Rm 217
Naples, Florida 34112
239-774-8468 if
239-793-2525 ~
June 30, 2006
TO: Prospective Bidders
FR: Amanda Townsend, Operations Analyst
RE: Cultural Landscape Report for Nehrling property within Naples Zoo
ReQuest for Proposals
Collier County is seeking proposals from quaJified firms capable of providing
consulting services for the development of a Cultural Landscape Report for the
original13,35-acre tract occupied by Dr. Helll'Y Nehrling 1921-1929, now part of
the Naples Zoo,
Detailed Scope of Services, Submission Instructions, Evaluation and Selection
ProcedU1'es, and General Conditions follow.
If you have any questions regarding this RFP, pJease contact me at 239-530-6859
or .~mf!X).>!.m()\"1lj;mgiw,c911iergov .nct, or via the postal address above,
We look forward to your participation in this RFP process.
Scopc of Services
Agenda Item hJrJ, 83
OctCiber 23. 2007
Page 13 of 107
This RFP is issued for the purpose of securing one-time professional services for
the preparation of a Cultural Landscape Report for the originaI13.35-aere tract
occupied by Dr, Henry Nehrling 1921-1929, now part of the Naples Zoo.
The repOli should "e v,';':;rd in accordance with the National Park Service's
Technical Preservation Series Preservation I3rief36: Protecting Cultural
Landscapes,
The repOli should include at a minimum:
. Historical Research
. Inventory and Documentation of Existing Conditions
. Site Analysis and Evaluation of Integrity and Significance
. Recommendations for Future Treatment
The ultimate goal of the repOlt is twofold: 1) to determine the site's eligibility for
designation as a site of local historical significance in accordance with the Collier County
Land Development Code, and 2) to serve as a resource for the Collier County
Archaeological and Historic Preservation Board to use to make informed decisions in
issuing Celtificates of Appropriateness for any possible future changes to the sile if such
a designation is hestowed.
Deliverablcs are as follows:
J, Kick-off meeting with County staff (within 14 days of receipt of PO)
2, Draft rcport (within 60 days of rcceipt of PO)
3, Final repOlt (within 90 days ofrceeipt of PO)
4, Prescntation of report to Archacological and Historical Preservation Board (TBD)
Additional presentations may he requested and negotiatcd beyond the scope of services
required herein.
Three hard copies and one electronic copy of the report arc required. Eledl'Onic copies
shall he supplied in Microsoft Word or .pclffofl113t, 'with graphics in jpg or .pdfformat.
Timetable for payment:
40% upr:o,ubmission of the draft reporl
40'< .<,)on submission of the final report
20% upon completion of the required prescntation
Submission Instructions
Agenda Item No. 88
October 23, 2007
Page 14 of 107
In responding to this RFP, proposers may submit up to 20 pages addressing the following
selcction criteria:
Credentials, Include a description of the proposer's business history and number of years
in operation, Include numbcr of employees, whcn fu'ffi was established, principals of
firm, and any other related information, Specifically address experience in the
development of Cultmal Landscape Reports,
EXllerti~!; of Desilmated Staff. Include resumes and working locations of key personnel.
Indicate how they will ensure responsiveness to the required tasks, Identify any working
relationships that may exist between the proposed project manager and othcr kcy
persOlmcl, including subconsultants, Cite previous projects in which the proposed team
members have worked and their respective roles. T f subconsultant(s) are listed as a part of
the project team, provide a letter [rom cach sub consultant that indicatcs intent to be a part
of the team.
PrevIous PCrfOl'ffianCe on Similar Jobs. Indicate number of years experience with jobs of
similar size and scope, Describe experience on these projccts, including scope, tasks
performed, and related information. Furnish five refercnces with name, title, firm name,
mailing address, phone number and cmail address. Submit onc cxample of previous work
(not included in thc 20 page ploposallimit).
Approach. To thc cxtcnt possible, discuss the approach the report will take toward
analysis of the intcgrity and significance of the site and the recommendations for future
treatment it will offer, If necessary, refcr to Preservation Brief 36, as noted above,
Office Location and Responsiveness. Indicate location of proposer's homc office and
location of all project tcam members.
Cost. Indicate the total cost for providing professional consulting services in accordance
with the defined ~cope of the project.
Include with your proposal the following:
1. Proposer's Qualification Form
2. Declaration Statement
3. Certification of No Conilicl Form
4, CeJiificatc ofInsuranee
Submit one original and four copies of your proposal to Amanda Townsend at the above
addrcss on or before 3 :00 pm July 14, 2006.
Ifyau choose not to respond to this Riop, please indicate so via cmail to Amanda
Townsend on or before the deadline, An explanation for your decline is appreciated.
F.cenda item No. 88
~ October 23. 2007
Page 15 of 107
Evaluation and Selection Procedures
All proposals submitted will be reviewed upon receipt to verify that each proposal
appears to be minimally responsive to the requirements of this RFP.
A selection committee of five County staff members will review all proposals submitted.
Each committee member will score each proposal based on the criteria as follows:
Credentials 10
Expertise of Designated Staff 15
Previous Performance on Similar Johs 30
Approach 25
Officc Location and Responsiveness 5
Cost 15
TOTAL 100
The committee will compile individual rankings for each proposal to determine a
recommendation. However, the committee will choose a finn based on consensus, and
not necessarily on the final ranking order of the firms.
General Conditions
The proposal shall be deemed an offer to provide services to Collier County, In
submitting a proposal, the Proposer declares that they understand and agree to abide by
all specilications, provisions, terms and conditions of same, and all ordinances and
policies of Collier County. The Proposer agrees that ifthe contract is awarded to their
firm, they will perform the work in accordance with the provisions, terms and conditions
of the contract.
Proposals received after Ihe published deadline shall not be ac.cepted and will be returned
unopened.
;)y submission ofthis Proposal, thc undersigncd, as Proposer, does declare that the only
person ur persons interested in this proposal as principal or principals is/are named
therein and that no person other than therein mentioned hCis any interest in this Proposal
or in the conlract to be entcrcd into; that this Proposal is made without cOJUlection with
any person, company or parties making a Proposal, and that it is in all respects fair and in
good faith without collusion or fraud,
No Proposal can be withdrawn after it is filcd unless the Proposer makes their request in
writing to the County prior to the time set for the opening f Proposals, 01' unless the
County fails to accept it within sixty (GO) days after the datc fixcd for opening,
/\genda Ilem No. 88
October 23, 2007
Page 16 of 107
Submission of a signed Proposal is Proposer's cettification that the Proposer will accept
any awards made to them as a result of said submission of the terms contained therein,
Proposers taking exception to any part or section of these instructions or conditions shall
indicate such exceptions on their Proposal. Failure to indicate any exceptions shall be
interpreted as the Proposer's intent to fully comply with the Scope of Services as written.
Neither the County Manager nor his staff shall be responsible for oral interpretation given
either by himself or members of his staff, The issuance of a written addendum shall be
the only official method whereby such interpretation will be given,
It shall be understood and agreed that any and all services, materials and equipment shall
comply fully with all Local, State and Federal laws and regulations,
Since these conditions include Insurance Requirements, there may be additional
insurance costs to the Proposer's fi1111. It is, therefore, imperative that the Proposer
discuss these requirements with the Proposer's agent, as noted on the Insurance Check
List, so that allowances for any additional costs ean be made by the Proposer, Ibe
Consultant's obligation under this provision shall not be limited in any way by the agreed
upon contract price, or the Consultant's limit of: 01' lack of, sufficient insurance
protecti on,
The County accepts no responsibility for any expenses incurred in the Proposal,
preparation, or presentation; such expenses to be born exclusively by the Proposer,
Before the award of any contract, each Proposer may be required to show (to the
complete satisfaction of the county Manager or their dcsignee), that they have the
necessary facilities, ability and financial resources to furnish thc service as specified
herein in a satisfactory manner, and they may also be required to show past history and
references which will enable the County Manager, or their designee, to satisfy themselves
as to the qualifications, Failure to qualify according to the foregoing requirements will
justify the County in rejecting a Proposal.
As pcr County Ordinance #99-22, all firms are hereby placed on NOTICE that the Board
of County Commissioners does not wish to be lobbied, either individually or collectivcly,
about a project for which a linn has submitted a proposal. Finns and their agents are not
to contact members of the County Commission for such purposes as meeting or
introduction, luncheons, di1U1crs, etc, During the publication, evaluation and award
phases, no firm or their agent shall e.ontae.t any other employee. of Col1ier County in
reference to this solicitation and their prospective or aetual Proposal. Failure to abide by
this provision may serve as grounds for disqualification for this or a future award to the
firm.
Only one proposal from a legal entity as primary will be considered. A legal entity who
submits a proposal as a primary or as pati of a partnership or joint ventme submitting as
primary may not then act as a subconsultant to any other firm submitting under the same
RFP. Ifa legal entity is not submitting as a primary, or as part of a partnership or joint
,1l,genda Item No. SB
October 23, 2007
Page 17 of 107
venture as a primary, that legal entity may act as a subconsultant to any other firm or
firms submitting under the same RFP. lfit is found that a Proposer is in violation of this
section, all proposals in which such a Proposer is listed will be rejected.
The right is reserved by Collier County to waive any irregularities in the Proposal, to
reject any or all Proposals, to rc-solicit for Proposals, if desired, and upon
recommendation andjustiiication by Collier County to acccpt the Proposal which in the
judgment of the County is deemed the most advantageous for the public and the County
of Colli cr.
Any Proposal which is incomplete, conditional, obscme or which contains irregularities
of any kind, may be cause for rejection of the Proposal. In the event of default of the
successful Proposer, or their refusal to cnter into the Collier County contract, the County
reserves the right to accept the Proposal of any other Proposer 01' to re-advertise using the
same 01' revised documentation, at its sole discretion.
l11e County reserves the right to include in any contract document such terms and
conditions as it dcems necessary for thc propcr protection of the rights of Collier County.
A pcrson or affiliate who has been placed on the convicted vendor list following a
conviction for 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 rcpair of a public building or public work, may not submit
bids on leases or real prope1'ty to a ]1ublic entity, may not be awa1'd',d or perform work as
a contractor, supplier, or subcont1'actor uhder a contract with any J ,blic entity, and may
not transact business with any public entity in excess ofthe thre,,' ld amount provided in
Section 287.017 of Florida Statutes for Category Two il)r a peri, ,fthirty-six (36)
months from the date of being placed on the convicted vendor Ii
Noorganization or individual shall oiTer or give, either directh
gift, loan, fee, service or other item of value to any County elL'I'
Chapter 112, Part III, Florida Statutes, Collier County Ethics (
County Administrative Procedure 5311. Violation of this pro
more of the following conseqllences: a. Prohibition by the inc'
employce of the firm from contact with County staff for a Sf
P1'ohihition by the individual and/or firm from doing husil1
specified period of time, including but not limited to: sub,
quotes; and, c., immediate termination of allY contract he]
for cause,
indirectly, any favor,
ce, as set fOlth in
,ance No, 2004-05, and
n mny result in one or
: ual, firm, and/or any
lcd pcriod oftimc; b.
vith the County for a
.ng bids, RFP, and/or
thc individual and/or firm
Agenda Item tJo. 88
October 23, 2007
Page 18 of 107
PROPOSERS QUALIFICATION FORM
FIRM NAME:
Address:
City:
Telephone: (_)
State
ZIP
FAX: (
Email Address:
TYPE OF FIRM:
Corporation under the laws of the State of
Years in Business
PartnershiplYears in Business:
Sole ProprietorshiplYears in Business
Licensed to do business in the State of Florida?
Yes
No
LIST RELEVANT CURRENT PROJECTS ON WHICH YOUR FIRM IS THE
CANDIDATE FOR AWARD:
Are there any judgments, claims or suits pending or outstanding J2y or aqainst the
firm? Yes No
If yes, submit details on separate sheet.
List all lawsuits that have been filed by or against your firm in the last five (5) years:
Agenda Ilem No. 38
October 23. 2007
Page 19 of 107
PROPOSERS QUALIFICATION FORM (Continued)
REFERENCES:
Surety/Underwriter: (if required)
Other References:
Pursuant to information for prospective proposers for the above-mentioned
proposed project, the undersigned is submitting the information as required with
the understanding that it is only to assist in determining the qualifications of the
organization to perform the type and magnitude of work intended, and further,
guarantee the truth and accuracy of all statements herein made. We will accept
your determination of qualifications without prejudice.
Name of Organization:
By:
Title:
Attested By:
Title:
Date:
Fees: List total fees for work done on all Collier County Government projects in the past
five (5) years, whether as an individual firm or as part of a joint venture, Fees must be
listed individually by contract or project and then summarized as a total dollar amount.
Attach additional page if necessary,
$
Total Fees for work done on all Collier County projects
Agenda Item No. 86
October 23, 2007
Page 20 of 107
DECLARATION STATEMENT
Dear Commissioners:
The undersigned, as Proposer hereby declares that he has examined the Scope of
Services, and informed himself fully in regard to all conditions pertaining to the work to
be done. The Proposer further declares that the only persons, company or parties
interested in this Proposal or the Contract to be entered into as principals are named
herein; that the Proposal is made without connection with any other person, company or
companies making a Proposal; and it is in all respects fair and in good faith, without
collusion or fraud,
The services to be furnished by us shall be performed in accordance with the
requirements of the Request for Proposal as issued by the County on July 1, 2006,
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day
of , 2006 in the County of , in the State of
Firm's Complete Legai Name
Check one of the following:
o Sole Proprietorship
o Corporation or PA
o Limited Partnership
o General Partnership
Phone No.
FAX No.
Address
City, State, Zip
BY:
Typed and Written Signature
Title
.'~\genda Item t\Jo. 88
October 23. 2007
Page 21 of 107
CERTIFICATION OF NO CONFLICT
I certify that a complete list of any businesses and/or organizations
to whom the proposer has (had) any affiliation or obligations within
the past five (5) years; whether paid or donated, which could be
construed by the County as a conflict of interest is attached.
I certify that a full disclosure of information on any work performed
for private interests within the past (2) years, especially work that is
not yet completed, which could pose a conflict of interest under this
contract is attached.
I represent that the proposer pi'esently has no interest and shall
acquire no interest, either direct or indirect, which would conflict in
any manner with the performance of services required hereunder.
I further represent that no persons having any such interest shall be
employed to perform those services.
Signature and Title of Principal
Date
Agenda Item No. 88
OCtober 23, 2007
Page 22 of 107
INSURANCE REQUIREMENTS
(1) The amounts and types of insurance coverage shall conform to the following
minimum requirements with the use of Insurance Services Office (ISO) forms and
endorsements or their equivalents. If CONSULTANT has any self-insured retentions or
deductibles under any of the below listed minimum required coverages, CONSULTANT
must identify on the Certificate of Insurance the nature and amount of such self-insured
retentions or deductibles and provide satisfactory evidence of financiai responsibility for
such obligations. All self-insured retentions or deductibles will be CONSULTANT'S sole
responsibility.
(2) The insurance required by this Agreement shall be written for not iess than
the limits specified herein or required by law, whichever is greater.
(3) Coverages shall be maintained without interruption from the date of
commencement of the services until the date of compietion and acceptance of the
Project by the OWNER or as specified in this Agreement, whichever is longer.
(4) Certificates of insurance (3 copies) acceptable to the OWNER shall be filed
with the OWNER within ten (10) calendar days after Notice of Award is received by
CONSULTANT evidencing the fact that CONSULTANT has acquired and put in place the
insurance coverages and iimits required hereunder. In addition, certified, true and exact
copies of all insurance polices required shall be provided to OWNER, on a timely basis, if
requested by OWNER. Such certificates shall contain a provision that coverages
afforded under the policies will not be canceled or allowed to expire until at ieast thirty
(30) days prior written notice has been given to the OWNER, CONSULTANT shall also
notify OWNER, in a like manner, within twenty-four (24) hours after receipt, of any
notices of expiration, cancellation, non-renewal or material change in coverages or limits
received by CONSULTANT from its insurer, and nothing contained Ilerein shall relieve
CONSULTANT of this requirement to provide notice. In the event of a reduction in the
aggregate limit of any policy to be provided by CONSULTANT hereunder,
CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the
full extent permitted under such policy.
(5) All insurance coverages of the CONSULTANT shall be primary to any
insurance or self insurance program carried by the OWNER applicable to this Project.
(6) The acceptance by OWNER of any Certificate of Insurance does not
constitute approval or agreement by the OWNER that the insurance requirements have
been satisfied or that the insurance policy shown on the Certificate of Insurance is in
compliance with the requirements of this Agreement.
(7) CONSULTANT shall require each of its subconsuitants to procure and
maintain, until the completion of the subconsultant's services, insurance of the types and
to the limits specified in this Section except to the extent such insurance requirements for
the subconsultant are expressly waived in writing by the OWNER.
(8) Should at any time the CONSULTANT not maintain the insurance coverages
required herein, the OWNER may terminate the Agreement or at its sole discretion shall
be authorized to purchase such coverages and charge the CONSULTANT for such
Agenda ltE:m r'~o. 88
October 23. 2007
Page 23 of 107
coverages purchased. If CONSULTANT fails to reimburse OWNER for such costs within
thirty (30) days after demand, OWNER has the right to offset these costs from any
amount due CONSULTANT under this Agreement or any other agreement between
OWNER and CONSULTANT, The OWNER shall be under no obligation to purchase
such insurance, nor shall it be responsible for the coverages purchased or the insurance
company or companies used. The decision of the OWNER to purchase such insurance
coverages shall in no way be construed to be a waiver of any of its rights under the
Agreement.
(9) If the initial, or any subsequently issued Certificate of Insurance expires prior
to the completion of the services required hereunder or termination of the Agreement, the
CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement
Certificate(s) of Insurance not later than thirty (30) calendar days prior to the date of their
expiration, Failure of the Contractor to provide the OWNER with such renewal
certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may
tenninate the Agreement for cause.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required bv this Aqreement? X
Yes
No
(1) Workers' Compensation and Employers' Liability Insurance shall be
maintained by the CONSULTANT during the term of this Agreement for all employees
engaged in the work under this Agreement in accordance with the laws of the State of
Florida. The amounts of such insurance shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability
---2L
$1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(2) The insurance company shall waive all claims rights against the OWNER and
the policy shall be so endorsed.
(3) United States Longshoreman's and Harborworkel"s Act coverage shall be
maintained where applicable to the completion of the work.
_ Applicable _X_ Not Applicable
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work.
_ Applicable _X_ Not Applicable
COMMERCIAL GENERAL LIABILITY
.1I,genda Item No. S8
October 23, 2007
Page 24 of 107
Required by this Agreement? -P_ Yes No
(1) Commercial General Liability Insurance, written on an "occurrence" basis,
shall be maintained by the CONSULTANT, Coverage wlli include, but not be limited to,
Bodily Injury, Property Damage, Personal injury, Contractual Liability for this Agreement,
Independent Contractors, Broad Form Property Damage including Compieted
Operations and Products and Completed Operations Coverage. Products and
Completed Operations coverage shali be maintained for a period of not less than five (5)
years following the completion and acceptance by the OWNER of the work under this
Agreement. Limits of Liability shall not be less than the following:
-L General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
$500,000
$500,000
$500,000
$500,000
$ 50,000
(2) The General Aggregate Limit shall apply separately to this Project and the
policy shall be endorsed using the following endorsement wording. "This endorsement
modifies insurance provided under the following: Commercial General Liability Coverage
Part, The General Aggregate Limit under LIMITS OF INSURANCE applies separately to
each of your projects away from premises owned by or rented to you," Applicable
deductibles or self-insured retentions shall be the sole responsibility of CONSULTANT,
Deductibles or self-insured retentions carried by the CONSULTANT shall be subject to
the approval of the Risk Management Director or his/her designee.
(3) The OWNER shall be named as an Additional Insured and the policy shall be
endorsed that such coverage shall be primary to any similar coverage carried by the
OWNER.
(4) Coverage shall be included for explosion, collapse or underground property
damage claims.
(5) Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSUL TANT in limits of not less than the Commercial General Liability limit
shown in subparagraph (1) above if applicable to the completion of the Services under
this Agreement.
_ Applicable _X_ Not Applicable
(7) Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to
the completion of the Services under this Agreement.
_ Applicable _X_ Not Applicable
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? _X_ Yes No
"
.Agenda Item t~o. 88
October 23. 2007
Page 25 of 107
(1) Automobile Liability Insurance shall be maintained by the CONSULTANT for
the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits
of not less than:
_X_ Bodily Injury & Property Damage - $ 500,000
_ Bodily Injury & Pro~erty Damage - $1,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the
CONSULTANT and, if so, such policy shall be excess of the Employers' Liability,
Commercial General Liability, and Automobile Liability coverages required herein and
shall include all coverages on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the
exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will
"drop down" to apply as primary insurance.
PROFESSIONAL LIABILITY INSURANCE
Required by this Agreement? _X_ Yes No
(1) Professional Liability Insurance shall be maintained by the CONSULTANT to
insure its legal liability for claims arising out of the performance of professional services
under this Agreement. CONSULTANT waives its right of recover against OWNER as to
any claims under this insurance. Such insurance shall have limits of not less than:
-.l<; $ 500,000 each claim and in the aggregate
(2) Any deductible applicable to any claim shall be the sole responsibility of the
CONSULTANT. Notwithstanding anything herein to the contrary, in no event shall the
policy deductible be greater than $50,000 each claim. Deductibles in excess of that
amount shall require the prior written approval of the Risk Management Director or
his/her designee, at their discretion.
(3) The CONSULTANT shall continue this coverage for this Project for a period
of not iess than five (5) years following completion and acceptance of the Project by the
OWNER.
(4) The policy retroactive date will always be prior to the date services were first
performed by CONSULTANT or OWNER, and the date will not be moved forward during
the term of this Agreement and for five years thereafter. CONSULTANT shall promptly
submit Certificates of Insurance providing for an unqualified written notice to OWNER of
any cancellation of coverage or reduction in limits, other than the application of the
aggregate limits provision, In addition, CONSULTANT shall also notify OWNER by
certified mail, within twenty-four (24) hours after receipt, of any notices of expiration,
cancellation, non-renewal or material change in coverages or limits received by
CONSULTANT from its insurer. In the event of more than a twenty percent (20%)
reduction in the aggregate limit of any policy, CONSULTANT shall immediately take
steps to have the aggregate limit reinstated to the full extent permitted under such policy,
-!
Agenda Item No. 88
October 23, 2007
Page 26 of 107
.'
CONSULT ANT shall promptly submit a certified, true copy of the policy and any
endorsements issued or to be issued on the policy if requested by OWNER.
VALUABLE PAPERS INSURANCE
(1 ) CONSULTANT shall purchase valuable papers and records coverage for pians,
specifications, drawings, reports, maps, books, biueprints, and other printed documents
in an amount sufficient to cover the cost of recreating or reconstructing valuable papers
or records utilized during the term of this Ag reement.
PROJECT PROFESSIONAL LIABILITY
(1) If OWNER notifies CONSULTANT that a project professional liability policy will
be purchased, then CONSULTANT agrees to use its best efforts in cooperation with
OWNER and OWNER'S insurance representative, to pursue the maximum credit
available from the professional liability carrier for a reduction in the premium of
CONSULTANT'S professional liability policy. if no credit is available from
CONSULTANT'S current professional policy underwriter, then CONSULTANT agrees to
pursue the maximum credit availabie on the next renewal policy, if a renewal occurs
during the term of the project policy (and on any subsequent professional liability policies
that renew during the term of the project poiicy). CONSULTANT agrees that any such
credit will fully accrue to OWNER, Should no credit accrue to OWNER, OWNER and
CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for the
provision of project-specific professional liability insurance policy in consideration for a
reduction in CONSULTANT'S self-insured retention and the risk of uninsured or
underinsured consultants.
(2) CONSULTANT agrees to provide the following information when requested by
OWNER or OWNER'S Project Manager:
a, The date the professional liability insurance renews,
b. Current policy limits.
c, Current deductibles/seif-insured retention,
d. Current underwriter.
e. Amount (in both dollars and percent) the underwriter will give as a credit if
the policy is replaced by an individual project policy.
f, Cost of professional insurance as a percent of revenue.
g. Affirmation that the design firm will complete a timely project errors and
omissions application,
(3) If OWNER elects to purchase a project professional liability policy,
CONSULTANT to be insured will be notified and OWNER will provide professional
liability insurance, naming CONSULTANT and its professional subconsultants as named
insureds.
l~'fJen::ia item 1>.]0. GS
October 23,2007
Ar h I . I d H' .cal C I P~" of 107
C aeo oglca an Iston onservancy, nc. ~,,\\iSTO~}C~
_0 r-b
4800 S.W. 64'" Avenue, Suite 107 Davie, FL 33314 sJ"~
954/792-9776 Fax 954/79.2.9954 g ~
~ "
'0, ......"':
~. 4
, ,
Fcbruary 2, 2007
Al'lk1nda Townscnd
Operations Analyst
Collier County Public Services ));v;sion
3301 E. TamiHmi Trail, Building II Room 217
Naples, FL 34112
RE: Nehrling Parcel (200li.9T)
Cultural L~ntlscape As'e~,smenl.
Dear !\muntla.
Please iind enclosed" JraCl "I' AHe 'rechnical Report #7(11, A C,,111Iml /.IlIJd\'cape
.-t.\'se.>~\mef1t (if tire Nehrling PorNo" ol/he l,.'(11'le.\' Zoo Parcd Collie,. ('011111,1', Florida.
Rc-C0111Uli.:;ndatrons art :'1u{~jl"L1 to minor re\'lsions L1JSed on tJle ZOOIS 111aster plan~ \'t'hic:h
was not avail~lbk in tirw.:~ fur {his suhmis:-ilon. \Vc J.\V.<:lt your response bet'H'l~ ll1aking our
final revisions to the repo)'t ill ciIlticipalil>n of the Preserviltiol1 Board \-leelill~ on
F~bl'llaI'Y ~ I, ~()07.
Sinccrds.
:S1~phatlj~ FaulLm:r
ABC Oljicc \'fanagt'r
Agenda Item No. 88
October 23 2007
DR.A..JPll~~iP(1f 107
A Cultural Landscape Assessment
of the Nehrling Portion of the Naples Zoo PropertYl
Collier County, Florida
by
Robert S, Carr, M.S.
John G, fleliault, B.A.
Steph,mie Falllkner, B.A.
Timothy A. Harrington
John Crump
Archaeological and I iislOrical Conservancy
4800 S W 64th A venue Suile ] 07
Davie, n. 33314
(954) 792-9776
"rchl gc1@;bel]ol'lJth.nei
for
Collier Counry Parks and Recreation
AHC Technical Report #761
January 2007
2006,97
Agenda Item I,D. [,3
October 23 2007
DR.A..F1J~";0:oa-f 1 07
TABLE OF CONTENTS
List or Figures
ii
Consultant Summary
ProJec.t Setting
5
Existing Conditions
"
Land Use History
12
Previous Research
24
Methodo] r.>gy
26
Summa!)' or Sites
28
Results and (<'nel us;ons
44
Re;;.omrnendarion5
50
Referenccs Citcd
52
Appendix 1: 1955 Plant Inventory ofCaribbemJ Gardcns
53
Appendix::': ::'000 Plant Tnvenlory (,fCaribbean G;lrden5
54
Appendix 3: Dr. Read', List of Plants
56
Appendix 4: Noles from Inlerv;n\- with Dr. Ahemathie
59
Agenda Ilem No. 38
OJ:;\j:iher 23 2007
DR<\lptl~~J)lf 107
LIST OF FIGURES
I. Location map llf the Naples Zoo propeny and the Nehrling parceL
2, Portion of the 1874 plat map for Township 495, Range 25E with the modern
parcel boundaries superimposed.
3. Soil Survey map of the )Tup]es Zoo property courtesy of the USDA Web Soil
Survey website,
4, Signs located in the area of the fOnTler "Orchid Cathedml" honoring Nehrling
and describing his achievements.
5, A typical plant identification sign used by the Naple~ Zoo.
6. The larger of 1\"10 playgrotmds situak:d in the western pOJ1ion of the original
Nehrling parceL
7. A typical animal enclosure found in the Nehrling portion of the l\aples Zoo.
8. Dr. Henry Nchrling (1853-1929), lamed pioncer botanist and hortieultura1ist,
9, Henry Nehrling in one of his lathe (sl<1t) houses in Gotha cxhibiting caladiums.
10, 1954 aerial photograph nfthe C,rribl>ean Gardens showing the centr~llates
in the process of being dug.
II. Blueprint plan for the Caribl>e~n Gardens circa 1954 sbmving proposed
developmcnts te> the original N'ehrling pared and tile area south 10y fleisdumlllrl.
] 2. 1962 black and whitc aerial photograph of the Naples Zoo propen)i with the
approximate borders outlined ill yellow with (he Nchrling parcel outlined in red.
13. 2004 color aerial onhGphotograph of tbe N' aples Zoo property v.,ith lhe
llpproximaw bordcrs outlined in yellow with the Nehrling parcel outlined in red.
14. Vicw north at a chisler orPandamL~ (screw [line) ill central porlilln of the Naples
Zoo parcel.
is. View south ~i one of a JOZVl'I larg(' Fig trees ofvaJiou~ 'pecies most likely
introduced by NehrJing.
16, View ellst dll\\1.1Ihe Ruyal Palm "walk" originaHy plunted hy Julius F1eisebmalill
n'car tl1e soulhem edge ofllle Nchrling parcel.
17. Dead cypress trees in 1he area of rhe fllmlcr "Orchid Cathedra],"
J 8. T)pical path arc.a showing one of the very mature Fig trces possibly pl'l11leJ by
NehrHng.
11
4
7
8
10
10
1\
J]
16
16
17
18
]9
20
: I
2]
22
0'"
-"-
23
P.genda :tern r,o. SB
October 23. 2007
DR-\Fr~2,ilif 107
19. View north tov\'ard the Nehrling portion oflhe Naples Zoo parcel. 23
20, Vintage e, 1950/605 po"tcard of the Caribbean Gardens gatehoLLo;e/gift shop, 29
2]. View north of the Cmibbean Gardens gatehouse/gift shop. 29
22, View south of the rcstroo1l1S, an outbuilding oflhe Caribbean Gardens 30
gatehollse/gifl shop.
23. View southeast of the smallest of two outbuildings associated with the 30
Caribbean Gan:1cn$ gateho\lse/gift shop,
24, View Southeast of the Caribbean Gardens manager's house. 32
25. View north ofthe Caribbeml Gardens manager's house, 32
26. !I.1ap oftbe Nelu'ling House Site (8CR974) area sll(lwing the plaCCmcnll1fshoveJ 34
tests in restricted areas available for testing,
27. View west at the Nehrling /-louse Site (8CR974), 35
28. View east back toward the area of Figure 27, 35
29, Skcteb by Nebrling showing a proposed addition to his Naples slatholJse, 38
30. Map of the Nehrling Slat house Site (8CR975) area sh(lwing Ihe placement of 39
shovel tests in restricted mens available for tesling.
31. Pbotogr~ph I'rom 1952 Nixon Smiley il/iam; Herald arlicle sl1o\'.g the remains .1(1
(,fNehrling', )/aples slnthollse.
.,2. Photogr;::ph il'om J 952 J\ivm Smiley Miami J!eruld arlicle sh, :!1g one ofthe 40
newly dredged (;(:nlral iJk"s on the Caribbean GanJens parcel
33. View ,'ast of Tim Tet7-laff and Ralpb Williums standing at tl',du'ling 4]
Slathousc 5ilC (8CR975),
34. Vie\\: east of Unit 1 cxca\'~tkd to appro,dlllatcly 10 nl1 in :lh.
4]
35, View north ofslighlly unuulaling ,hell len, in the l1onh' . ofL'nit 1.
42
36, View north of JClail "I' unulilating shell lens in tJle nOrl' .,,11 of Lnil I,
42
37, Plan of the Nehrling Slathousc Site (XCR975).
43
38.2004 color aerial orthophotograph of the ~apJcs ZO( 'pl'rty showing the
Jocalim;s of historic features.
48
39, Sipn at the Naples Zoo announcing regularly scl . .!tJled information pluJlt tours, 49
40, Special botanical afe" at the Naples Zoo she)\'. .-asing unique plants and plrilltcrs. 49
iii
Agenda Item No. SB
October 23. 2007
DRAF'1i~2~'i'f 107
CONSULTANT SUMMARY
From Odober 2006 through January 2007, the Archueological & Historical Conservancy,
Inc. (ABC) conducted a cultural landsc~pe ussessment for Collier County's Parks and
Recreation Deparuncnt of the Nehrllng portion of the Naples Zoo property locatcd north cast
of the ccntcr of the City of Naples in Colli"r Coun1y, within Section 27, in Township 52S,
Range 27E, Tllis report addrt$ses Ihe 13.35-acre parcel originally owned by Dr, Henry
Nehrling located in the nortl1cm portion oflheoJc45-acre Naples Zoo property.
Reno\vll"d horticultumlist and ornithologist Dr. Henry Nehrling (1853-1929) developed the
subject parcel as an experimental gardcn from 1921 until his death in 1929. The land lay
neg] ected until it was redeveloped bctween 1951 and 1954 as the Caribbe<ln Gardens
botanical tourist attraction by Julius Fleischm~mn, heir to the Fleischmann food pl'Oducts
fortune, In 1967 La\\.renee "Jungle Lany" Te1z]aff ]eru;ed the propetty and added Ius animal
shows and exhibits, The attraction re"pened in 1969 as Jungle Larry's African Satari and
evolved into the Naples Zoo at C;llibbe<ll1 Gardens, In 2005, backed by a voter referendum,
Collier County purchased the property and leased it 10 tIle newly formed non-profit, Naples
Zoo, 1ne, , whose Board Members inelude members of the Tetzlaff family. As a result of
these vari(}u~ land uses, lhe Nehrling parcel and tile overnll Naples Zoo propelty have been
extcnsively allered over the past eighty years.
The Nehr]ing pared was a>sessed 10 determine whether il rewins any elements or fealmes
that could contribule towaTds its desigmltioJl us a significant cultuml landscape. The
assessmenl was pcrlimn"d specifically 10 locate and evaluate any significant landscape,
archaeological, and histmie,al features so Ihat a master plan and improv"Jllent.s ID the Nap]es
Zoo propmty C-,Ul be implemented without adversely impacting any significant cullum]
resources 011 the J\ chrling parcel.
Th(, primary goals ofthls assessment were: 1) 10 determine [he subject pare-ers eligibility for
tksignation as 3 site of Joc:il historical ,ignijicance in accordance with the Collier County
Lmd Development Cod". and 2) to proyide information and all ass~ssment to the CoHler
County .'\rehacolugieal and Historic Pre:<ervalion Board to use lQ make informed decision, in
issuing C(.1'tificales of .o\ppropriatenessl(,r any pos,ible future changes to Thc subject parcel if
,uch a designation is bestow('d.
This assessmcnt was conducted 10 fulfill historic resource requirements for Collier Counry.
spcciiically Col]icr County's Land Development Code 2.03.07 E. This asscssment was also
conducted in accordance with Sectinn 106 oftbe Nation:11 :iJistnri" Preservation Ac1 of 1'166
(Public Law ~'1-(i65). as amcnded in 1992, and 36 C'.f.R.. Part 800: ProtectioJl of HislOric
Properties.
Elemcnts of this report were prepm'Cd in accordance with the National Park Scrvice's
"Technical Prescrvation Brief 36: Protecting Cullmal Landscapes" \vhich includes guidelines
for Hi~lorical Research; Inventory and Documentation t)f Existing Conditions: Site Analysis
and Evaluation oflnlegrity and Signilic3nce; :md Recommendations for Future Treatment.
Agenda Item No. 88
Olil'\'''i'.r 2'j 2007
DRA~~ge-;;"J.Ij'fl 07
111is cultural reSllllree ass~ssment included an arc.hival review, a pedestrian survey,
archaeological subsurface testing, a botanical and historical assessment. and an architectural
assessment nf [he subject parcel. Attempts ,vere made to locate and assess any landscape
features linked to Nchrling's use of the parcel and to identilY any surviving plants and
landscape features introduced to ll1e parcel by Henry Nehrling, Other cultural resources. such
as possible prehistoric sites and Ilistoric features associated with Nehrling' s use of the parcel
and the early dcvelopmcnt of the Caribbean Gardens, were also assessed.
!\s r~rt of the archaeolOb~cal assessment. twenty-tive 50cnl shovel tests were excavatcd in
two discreet areas reported by informants to be the locations of \!e1uling's house and
slat house, Finally, four buildings surviving from Flei~Ghmann's Caribbean Gardens located
on the subject parcel were examincd by an architectural historian and their significance
determined. Consequently, forms wC'rC' submittcd to the Florida jI,.faster Site File fur the two
Nehrling archaeological sites and for the two F1eischmalll1 stnlcUlrcs (thc Caribbcan GardC'lIs
gatc!'ouse/gift shop with its two outbuildings constituting onc structural site and thc
mamlger's l){luse the other),
AHC also conducted an arcltival review of documcnts and prcvious rescarch on Hcnry
Kehrling and the hislory or the land use of the subject parcel. lnformant interviews were
conducted \\ith Dr. .Ian Abemathie, head botanist of the Naples Zoo; David Tctzlaff.
Executive Director or tile Naples Zoo: Tim Tetzlaff, Director of Conservation and
Comm'll1ications; and Ralph \ViJIiams, the hcad maintenance superintclldent. Dr, Abemathie,
whose involvement with the Ca!'ibbc~n Gardens began in 1956. was especially helpntl in
iJdllii)'ing plants assoc'ialed wilh lIenry NehrIing's g~rden. Also interviewed were Richard
'-Jtbrling, IJenry Nehrling's gre:lt--grandson. a.nd Kathlccll Klare of the Neh!']ing Histonc,,1
S()ciety,
As a result of this asse,:sment, it is the' consultan!"s opinion that although signiJic"nt botanical
and landscape dements orNehrlin:;'s "riginal gardens still exist ill the form of sc\'Cral dozen
mature specimen trees and other plants. 111051. of the plams imrodllccd by :'oIchrling have
disappcared: victims of neglect. early "thiewry," slorms and redevelopment No cohesive
gDruell or bndsc~apt' ilppl'clTS to exis1 e~Cl~pt for isobred trees and plantings.
Where", the \!ehrling parcel may potentially qua.Jify for listing in the Notional Register of
Historic Places under Crileri" A and B, ihe adverse illl)J~ctS of plam Ic.sses, modern
ahcrations~ ,and the e}~pansj()Tl of" the Z{l(l have obscured any remaining cohesive tmds.cape
rdattd !o K~hrling's gard~m_ making a National Register qualiiiciltion based on a ellltur,,)
landscapc unlikely, However, the sllhject pan:el d'jes L]lmlii\ for historic desib'llation under
8('ction2.03.07 E of the C"lli,'r COllnty Land Development ('odc.
Two historjc archae:ologic.aI site;:; \,VlTC id~lJtiJk'd in lhe parcl~L 'he Jneation~ of Henry Nehrling\;
hOllse 8nd slatbousc. The Ncbrling .slaLhollsc SIte, d~pl'nJjng on its exte11t ~md overall intehrri(y~
may qualify for listing in the National R(:gister of Historic Plac.es. "nle site doc.s qualify for
d<::siplation under section 2.03.07 E of the Collier County Land Development Codc for historic
sites. Florida Iv'laster Site F'ile Forms were completed for both sites, If future development is to
.,
Agenda Item r~o. 88
Op,\~Q.(r 23,..2007
DRAiF'13gt4,P0f 107
affect these two sites, an archaeologist should monitor ground-disturbing activities and conduct
additional testing in those areas prior to development activities,
The structure that was the gatchousc/git't shop tor Fleischmann's Caribhean Gardens still
exists in its originalloeation on the Nehrling parcel. That structure and its two outbuildings
arc eligible for listing in the National Rcgi~~ter of Historic Places under Criteria A.. B, and C
and should bc prescrved, A functional reuse should be considered, Further, based on their
utlique design and significance as a part of an historic roadside tourist attraction that was
consLructed marc than fifty years ago, these structures also qualify for dcsignation under
Section 2,03.07 E of the Collier County Land Dcvclopment Code,
The Caribbean Gardens manager's house, also over 50 years old, was assessed and
determined to be of marginal signifieallce,
In summary, it is the consultant's opinion that the Nehrling portion of the ::-faples Zoo parcel
docs qualify as an histone landscape under Section 2.03.07 E of the Collier County Land
Development Code. ",'ith contrihuting sites and features from Fleischmann's Caribbean
Gardens (including plants and structureS \vhich add to the parcel's hi~t(1ric signiJicancc)
despite the j'iCt that the original Nehrling features, and the parcel in general, have bcen
greatlvallered.
. .
It is recommended that the "iehrling legacy become an important and more visible
inkl}1retive dcment of the Naples Zoo's educational mi~sion, \Vhile the Kchrling legacy is
visible by way of various plants (many with attached signage) as well as twO large sig,rls
describing his gaHlen, more can he dune to tell the story of Kdlfling's contributions to
Collier COllnty and the State of Florida. It is suggested that the zoo's existing botanical
walking tuur bc cxpatldcd to indud,' a more delailed history of Nehl'ling's activities and tho\
a sp~cial brochure and new int~rpretive signage based on his legacy be ereatcd, A specific
sign design could be uscd to mark eaeh o!',",chrling's signific.an1 cOnlJ'ibuting plants,
It is also recommended that the Caribbean Gardens gatehousc/gifl shop be resrored ,md llsed
as J\chrling IVlLL'iCUm and focal point I<)r (he interpretation of thc Nehl'1 ing and Fleischmanll
lcgticies. If preservation of the gatehllusc/gift shllP clll11plcx in its original location is not
lCasible tllCn it should he rcloeatcd arid rw:torc'.d. The ~lnleture(s) should be moved to a
location as clo,c as possible to the original site. Further guiddincs can be found ill UIC
"Rccommemlatiolls" section of this repmi.
3
Agenda Item No, 38
Oclober 23. 2007
P808 35 of 107
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4
/\genda Item I~o. SB
O;;tQhpr n 2007
DRA.IF'€~4i',O~fl 07
PROJECT SETTING
The subject pmcel i~ located in part of Se,.tioll 27 in To\vnship 498, Range 25E immediately
east of the City of N apks in west-central Collier County, Florida (Figu.re I). Part of the
Naples Zoo property, it cOllsists of the 13,35-acre Nehrling parcel, a rectangle \vith the borders
oriented in the cardinal directions, \Vithin the central portion of the subject PilICe] is a 5-at:re
former c}-press head/wetland area. The relevant 'CSGS map is Naples NordI, Fla.
The sllbject parcel is ml,deratcly elevated (12-15 fect, NGVD).lIistorically, it was vcgetatcd
in slash pine/saw pahnett(> l1atwoods that dropped gradually to the east toward the slough of
the Gordon River which !lows ~outh into. Naples Bay. The Mea contained a dense mix of
fresh and brackish water swamp with rcd mangroves bordering the creek and cypress
s\vmnp/rnaple ~wamp elements fringing the c.reek, These elements were part of the area
called by the local inhabitants "Holc-lll-The-\Vall S\\~lmp." Historicall)' there was a cut trail
running east-west acrC>SS the slough slightly to the north of the subjed parcel allowing early
residents to cross tl1is barrier for hunt.ing and to access the interior country north und east of
:.Jarles.
Slash pine llatwoods commnnities are u$ually situated on high ground west of Naples Bay
and the Gordon River. ITistllrically, these communities, which contain a dense, oli:en head-
high understory of saw palmetto, were subjeet [0 and maintailJed by peri(,dic forc;,! Gres.
Fires were sl:m1ed either nat"rally by lightning strikcs or by prehistmic Indian~ or by early
sel1lers to aid hunting or ('atlle j,,>Tazing. Among the plams typically fDund in thc :,Ja!;h
pine/saw palmetto flatland/prairie envi"{llllllcnts are: slash pine, saw palmetto, gallberry,
shiny lyonia, msty Iyonia. siaggcrhush, dahoon holly_ gnlund oak. wire grass, broom sedges,
shiny hlueberry, xyris, and a variet:y of annu~l ond perennial hrerbs and wildj}owers blooming
~easonaJly,
Flmlkillg these high ground areas and running as norlh"~oLl(h lincar trfUlsverse depressions are
deep sloughs ~nd bald cypress sl'..al11p, cypress !leads and marsh ponds. These areas even
with present-day drairwge activities contain st<indil1g waleI' much of tbe year and support a
rich divcrsity of plant nnd animal life. Some pI' the plant species prescnt indllde cordgrasse~;
(Sparlillo spp.) and sllrcllkm marsh plants slIch as pickerchwe,J (P()nledcria !anceo!"la) and
arrm\ihead (Saginaria spl'.) and lern~ such as s,,"<imp fern (lI!ccfmum serndalum),
Thdypleris and Osmwuia ferns. Thai Ihe deep "peo marshes of the area are rdict burnt
cypress solution Iw!es and ponds is evinccd by HJC abundant dead ,;nugs und Illgs of 1113t
sl'e,ieo. Ai presellt, mall)' of these, fCa1:lll'CS contain pop ,Lsh (Fraxil1us curoliniana), pond
apple (AIII1Ona g!ahra), coaSl~11 plain willow (Salix caroliniana), and hllUonhush" /\ mug.hly
five a,re, "va] ('yprcss head with mature cypress trees occupied the loentcr of the subicct
parcel.
A third envil'L1nmenlaJ community, now largely destroyed in the Naplc~ area, was xeric sand
pine/live oak!rosemary so'tlb located on a series of linear Pleistocene ridge features
paralleling the co,"st and extending inland as much as two miles from the coast. A range of
thesc ridge featllt'es once existed il11l11~diately west of the subjc.et pareel in the area or
Coastland J\.bl\. The snil type~ for the area arc line white to gray sand lllantle~ covering
5
Agenda Item 1\10. BB
October 23. 2007
DRA fP1iq".Z,..;(lii!fl 07
brown hardpan sands. Saint Lucie fIne/Basinger tine and 1ll1lTIokalee Jlnc types predominate.
All of these environmental zont>s 'were heavily eX]lloiteu by prehistoric Indians, early white
settlers, and more reccnt recreational hunters.
6
Agenda Item No. 88
October 23, 2007
Page 38 of 107
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)\qenda Helll 1\)0. 88
, October 23. 2007
Page J9 of 107
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Agenda Ilem No. SB
October 23. 2007
nRAlDl1~atfl5'f 107
EXISTING CONDITIONS
The OV('Tall Naples l.oo property has been extensively altered by dredging and excavating
associated with the deveklpment of the Caribbean Gardens and the Zoo, Presently, the entirc
45-acre properly including the 13,35-arcre Nehrling parcel is a zoological park in a well-
maintaincd botanical gardens ~eUing. This facility is visited by hundreds of people daily who
walk along one to two miles of asphalt paths connecting compounds holding exotic- animals
from around the world. The ccntral portion or the :Japles Zoo property (including a pOltion
of the Nchrling parcel) contains several acres of dredged lakes, 1\.111dem gift shops, arena.s,
food courts, and maintenance buildings are placed strategically throughout the Zoo,
Planlings attribuled to ;..Iehrling, Fleischmann, and subsequent individuals, induding Dr. .Ian
Abemathie,. are Jocated along walkways and within animal enclosures. Iviany of these
plantings are identified with informational signs that give a eOmml1IlnamC, a scientific (Latin
binomial) designation, llnd the counU')' of origin (Figure 5). Thc signs do not distinguish
whether the plant WllS introduced by Nehrling, Fleisclumll1n or others, Nehrling's history is
interprded by two signs highlightiJ1g his achievements and activities there (Figure 4).
Another display near the fomler Orchid Cathedral incorporates a part of the oliginaJ
Caribbean Gardens signage (the "Tollcan") that once marked the entr)'wu)' to tJle attrm,tion <1t
the juncture ofPleischmann Boulevard and U.S. 41,
The Kehrling parcel includes four buildings associated with Juliu.s Fleischmann's Carihbean
Gardens; eight animal enc1mmres constmeled by the Tetzlaff lamily ranging from simple
chain link. fence enclosures to partially roofed huildings; an approximately 9-foot wide
asphalt path syskm that crt1sses and coven; portions "fthe footprints ofNehrling', hOUSe aml
slathOllse: two playground are.as, the westermnost of which is hlrge 1mu designed for younger
children; one restroom facility; two dug ponds: two or more spoil islands in one of the ponds
presently occupied by lemnrs or monkeys: one or more gravel/limestone paved parking lots
fl,r tom buses: chain link pL,rimeter fences: the nortl1ern and eastern portion of a 16- foot wide
limerock-paved perimeter road encircling the entire Naples Zoo (constructed by
Fleischmannl: ~l1d vaIious drcdg"d. filled. aml mechanically elevated areas created by
Fleisc\n1limn and the Tetzhffs.
9
Aqenda Item No. 88
, October 23, 2007
Page 41 of 107
Figure 4 Signs located in the area of the former "Orchi d Cathedrdl" honoring
Nehrling and describing hi s achievements.
j!
Figure 5. A Iypical plam idcntit1cation sign used by the Naples Zoo, giving
common name, scientil1c (binomial) designation, and country of origin,
10
Agenda Item No. 88
October 23. 2007
Page 42 of 107
rigure 6. The larger of two playgrounds situated in the western portion
of the original Nehrling parceL
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-
Agenda Item I'~o. 58
Octob3r 23,2007
DRAFi!'~:2;,i)ft 107
LAND USE HISTORY
The l'\ehrling parcel existed in a natural, wldisturbed state lUuil it was purchased by pioneer
horticulturist Henry ::-.fehrling and his wife in 1921. In 18&6 Nchrlil1g had established a
successful nur~ery at Gotha in central Florida. After a freeze destroyed many of his planl.5 in
1917, he began looking for a properly in southern Florida where he could propagate cold-
sCT1Sitive tropical plants year-round, He wished to expand his caladium business. since at that
lime he was operating the mo:>t extensive individual lr'J.de in tho:>e plants, Nchrling also
hop~J to create a botankal g"rd~n tllal \vould bc an ltUraction and model for people
inleres1ed in grovdng tropical plants and would serve as an introduction point for useful and
ornamental tropical plants procmed from the U.S. Dcpartment of Agricultllre and other
soure.e" Nehrling's overall plan was [0 preserve and cnhance the native flo'd existing on his
property and to augment them with exotic introductions and specimen plants grotlped in
attraclive arrangements,
When Nehrling acquired the Naples parcel in 1921, he selectively cleared parts of his 13.35
acres and cr~ated winding patJls through the pine flalwoods that occupied tIle parcel's
Ivestcrn portion. He also may havc creatC'd elevated paths through the cypress head that l"ias
located near the parcel's center. Nehrling experienced fiustration with the seasonally wel ami
Ihloded nature of the land and noted that the soil. altIlOugh rich and hlack-Iooking 11em the
parcel's wetlands. was nutrili"'mlly pOOl' 8nd necded augmentation (Driapsa 1996, 20(1), To
remedy tile problem, he dug numerous pits which he tillcd \vith compost until the desin,d
nutritional richncss was ob1;Jined, Nehrlillg also created a seri es "f broad shallow ditches to
draitv'divert ground water (DJiapsa 19%),
Nehrling. constructed at least lWO principal structures on his property: :'1 sUlal1 re:')idence ~nJ a
;:b!1wuse. The bouse is charactcrized in navitl DraipsD's imrodllction rco Nehr1il1g'.\- Plun/s,
Pcople, and PI",;e,v in Earll' Florida 28 "a sm8ll 'backwoods' shack slanding on piers.
containing one larg~ living r00111\,v1th wlndovl,.'$ looking over LlK' garden am] an~llhcr VlTY
sl11al1l'Oom where I NehrlingJ kept his books and photographs" (DriapsLl 200 I), The structure
was wood framc, likely hoard Llnd balkn. The 1926 burricane is reponed to bave se\'CrcJy
damaged the stI'1lCl11fe, tearing the roof off and forcing it off its piers, His house may have'
been aligned lO an eBst-\\;:;st ro\v of hUl?l: licu:-i irt:'e~\ positioned down tl1C length oftl1(" pare-d.
An extant pair of mYill palms may have been a part of a row lh:lt tlanked tbe walkway to tile
hnu,e. allhollg:h the exact location of his l\ollSe h",; not been fully doc.ulllCntcd. It i:> possible
thai tIle house's east~Tl1 view Ivas or the cypress pond. (Subsmiacc remains are minimal and
"ILered by recent dcvdopmelll.)
Th" hOllse lay to the somh of Lhc silc llf a large slatho\lse whkh measun:d 336 icct nonh-
soulh and 80 I"ej east-\vest. It was llsed by Ndllling to propagate "nd raise caladiums and
orher tropical. (,rnamcnLal plants. In all probability the structure was sil11il~r to those
constructed by Nchrling at hi, nursery 31 Gothn in c~ntral Florida. Based on [in assessment of
~arly photographs, thosc slathollses were construcled by l1Sing rows of upright pole:> or piers
of cypress or lightered pine. 1 (l-l2 inche, in diameter SUppOliiug blewl2 x 6 or 2 x 8 boards.
which in tmn supportcd I x 4 slats which \vere eqtlally spaced jDr controlling light and shade.
Kehrling "cquired the initial 160 poks I<lr his Naples slathouse stmctmc from Naples ('0-
12
Agenda Item No. 8B
October 23. 2007
DR;\Jil~ge.24J3f 107
founder ~"i1Iiam Haldeman, Nehrling bter added or had plans to add a nOlthern segment to
this struetmc. A sketched map/plan drawn by Nehrling around 1927 shows the planned
addition and the relative position of a tno) ~hed. The sketch shows and that a p<lrt of the
southwestern portion of thc sl<lthouse was <o'tldosed and used as a packing 5hed for the plants
(Figure 29),
After the ] 926 hurricane Nehrling's health wenl into a ~teep decline, This, and business
reversals, limited fm1her improvements to his Naples garden. Morenver, the slC1ml knocked
me Nehrling house off of its foundations, An unwise business deal with a nursery (,pc-Ta[oT in
Sebring resulted in thc loss of many of his 1110st valuable and unique plants, \Vhcn H,:nry
Nehrling died on ~ovell1ber 21, 1929, his estatc owcd a considerable slim of money and the
Naples parcel was subsequently sold in a Shcriff's auction at Everglades City to recovcr
~ome of the money for his creditors.
Nchrling's garden, \\Iith its large ficus tTees and other remnant ornamentals. lay dormant and
abandoncd until its purchase ,,,ith more land to the north and south by Julills "Junky"
Fleischmann in 195 J. Nixon Smiley, a reporter for the Miami Herald visited the parcel in
1952[md talked with Jack Grant, the man to whom Fleischmann had delegated the
renovation of the parcel. In his article Smiley summarized the gardens' decline and the
parccl's prcsent condition:
Neh,.lillg had nol paid ot.f Ihe morlgage on Ihe /vaples place allhe lime '!lltis dcalll
and firle in ,he hmd hod n~l!erted 10 ,he original ownerS, E,'i(h~1l11y IJ-wse}"J/k5; 11"eren',
interested jn plants. Pretty soon people from all over South Florida were making
irrp,"! fo }'./aph~.~' fodigl_llants.r,.el:(~'.fj'(}m ,he afrando1ied]vTehr/ing PIllec.
R(rids were made Ofl the coftag41 lI-'ltere .Velrrling lived; and pe.ople carled qlf the
vu.luuhle hook."./i"mnd irr,\;idrJ_
J.Vith no maiH1r7!'lam:'c ilU? ."!\'ehrfing cO!fage and slmJi(}usc deca...w~o,', Fir'" swept (.I1-'el'
Ihe plm:.'e during t!w dry season, Phmf~i died (~fneglec't,".
Vcryj(:\F [~r the original plLmts still rcma;n" 17tere iJrc a few clumps r~l bamboo. 'Ilwre
are several rubber frees including a Coul,l/e t~j' \"ef}' large Ficus alrissimos_ ,)~e~lerill
kind,~ t?fji?NtX .'l\Tehriing gre14.' are still scoUcred uboul in the hammock and 1here is a
kind r:~l arum. a la.r'ge bulb plan! that ;s gte/wing \~dld (juite a /e\./ jJl..-Jm.'>: srillexist.
svmc 'which Grow has nor hecn able to 1u:.IPe idcnf{tied (Smiley 1952)_
Julius Fleischmann liked to be c<llled by his nickname. which hc said came from all the
"junk" he liked to collect. An avid collector and heir to thc Cleveland. Ohio, Fleischmann
yeast [U1d Corn oil fortune.. Flei"chnumn had the means {n fulfill his dreams. He wa.s also a
philanthropist world travl:kl'. and trop;cal plant enthusia:;l. In part, he bought the propcrty to
preserve what .Nehding had started and 10 expand llpOll .NchrJing-s pIau (0 crcate 3 botanical
attraction lh<11 would draw tomists and promote interest in the growing of tropical plants.
Fleischmann called it .'Caril,heun Gardens" and opened the attraction in 1954.
Fleischmann quickly began his improvcments by dredging a series of Iakcs in the center his
lIew property, crcating broad, winding paths visitors could stroll and by building several
13
l\genda Item !\Jo. 88
Ort.Qher 23 2007
DrZi'\h~2jI0f 107
strul'tures, some of which were giant state-of-the art greenhouses lFigur~ 10), Much of the
spoil borTowed from the lakes was used to create high ridges on which cactus and succulents
could grow, fJeischmmm crealed a palm walk and an "orchid cathedral" in a portion of the
cypress swamp which he had tilled.
Four of the original Fleischmann structures srand nn the orib-inal KcluIing parce.!. These
include the galehouse 10 rhe Caribbean Gardens and two ancillary structures, The gatchousc
is constructed of roughly dressed cypress lumber throughout and has a standing-seam copper
roof, ",ith wide eaves and long projections off the gable ends, (F1eischmalill built a multi-
room mansion on Gulfsbore Boulevard North near Naples Beach in an similar wstic and
exotic style around the smne time.) In addition to providing entry into the Caribbean
Gardens, the gatehouse also incorporated a gift shop and administrative offices, The smaller
struclures to the immediate west and southwcst of the gatehouse are a tiny pump shed and ,1
garage-sized outhouse divided into two restrooms. Goth are similar in construction and slyle
to the main building. All rbree buildings are now llsed for storage and are not accessibk (0
the general public.
Located 011 the nortlleast side of the )lehrIing parcel is a small house II,Ut was oceupicd by
the manager of the Caribbean Gardens. The manager', hOll,e is a plain, vinyl-sided, shect
metal-gabled. rectangular cott.1ge, Several of Fleischmann's grounds managers lived there
over the years, among them the late .Ioe! Kuperberg, who "'ilS responsible Jill' the exlcnsive
plant collections at Caribbean Gardens, The house was built "round i 954 in ,m incxpemivc,
generic style. (For more information on the fleischmanll-era structures see the "Summary of
Sites" section.)
During a lijelime Df collecting Julius Fleischmann made at least tlll'ce l'Oulld-the-worId trips
in his personal steam yacht An avid pl,u1l ami sl1':.:lI cDllector (lvloIkr 20(2), he was in
cOlll""l ,dlh a wide mngc of sources of pbnt material ~nd. with the help of Joel Kuperherg,
amassed an cxwnsivC' collection of orchids. cacli cmd flowering ornamentals. Fleischmann
retained lnost of the sllrviving IT\3ture ficus trees and {)ther f"t.'111n;.mlS (ir lIenry Nchrling's
origin.,l gardens. ~nd used these larg~L ~'llder pl:..mts. J.S ~elLillgs 10 sho\l,/cast: the more: exotic
plants lh~t Fleischmwlln h;,d illlrodm;ed. The CJribhe<1n CjC!rJens n,'vcr fully "upP(lrkJ itself:
Fkiscbmmm subsidized nllKh of the annllwlupkeep. In 1955 Julia F, t,,-rorlon_ prok:ism of
botany at the University of ivlimni, visited tbe CaribbeulI Gankns and compiled an t'xknsivc
list of its plants which was Pllblished 8S u small hooklet iMOrll)l1 1955).
Both lW111ral ilnd arliticiaJ f~ctor, contributed to a decline ill 1he condition or ihe gardens ill
the I 960s. Some lime prior to 1960 the Gordoll River which is adj<lcent 10 Ihe l"hlp1eS 70ll
property hud been deepened and c11anneiized. probably to improve dminage irom the golf
c:ourses to tlH:' north, Un('orLunatdy, one of the negative results uf Crtaling and joining {hc~
lakes in the central pllrli(1I1 Ill' the pared and linking tl1em to the (,onIon River was that it led
to ,,,ltwCller inlrusion which killed tl1e cypress trees in the central wetland by the 1980s.
H urr'eClne Donlla, which ~trll('k Ihe ",apks area (In Sepkm ber 10, 1960. call sed e;:wnsive
damage to Caribbcan Gardens and lUldotlbtedly damaged or destroyed some of the remnant
NchrIing tree's. Several specimen (rees plante.d by both Nehd ing and Fleischmann \....CrC
damaged by the hurricanes of 2004 and 2005. mOC1t nO(Jhiy \\-'il111<1. In rece.m years. many of
14
Agenda Item No. 88
October 23, 2007
DRAJiiiIJg1-2ffliilf 107
the Nehrling and Fleischmann trees have simply succumbed to disease and old "g~,
Additionally, ovcr the past sevcral decades, arcas of the parcel not open to the public have
been invaded by exotic pest plants. J\'otable among thcse on the parcel are Brazilian pepper
and downy rose myrtle, the laner no doubt introduced bJ' Nehrling or Fleischmann. These
exotics are partiwlarly den~e in marginal low-ground and dcpre~scd arcas along the parcel's
periphery,
The era of Caribbean Gardens as a botanical garden C11ded with the death of Julius
Fleischmann in 1967_ In 1969. the FJeisehrmum ESt.1te entered into negotialions with
Lawrence ("Jungle Larry") and Nalley Jane ("Safari Janc") Tctzlaff, OW1JerS of a Sandll~ky,
Ohio animal attraction, to Ic.~se and man~ge the property. The Tetzluffs had been looking for
a "-1nter home for their attraction. From 1969 to 2005 the Tetzlaffs operated un attraction,
initially called ,hlllgle LalTY's African Safari, on more than 46 acres that includes the original
Nehrling parcel. Their stewardship has continued under their two sons. David and Tim. The
lushness and diversity or th~ tropical pJill1tings has been expanded and augmcnted over thc
last several years by the work of Dr: .hm Abemathie, hcad botanist for tbe attraction, Dr.
Abemal.bie muiol11ins a nur~ery and propagation facility in the southern pOl1ion of the Naples
Zoo parcel. He has acquired numerous plants both through purchase and donation. Many of
these plunts are tropical or omamental shrubs and small trees \"ihieh he uses to augmcnt 01'
cnlarge existing plmllings throughout the Zoo.
Despitc tbe atiritioll of1ime and natural forc.es, c.ertain significant 1\ehrling and Fleischmann
I}lantings remain in the form orvery large and [.ld specimcn plants, particularly the large fig
trees (Ficus spp,). Henry Nehrling wu~ ~ proponent of their use as ornamental and practical
appJjc~ti()l1s, In several cases these figs may be the largest individuals, and possibly the [m!)'
individuals, of' [he.ir genus and species to be found in the eon(jnenlal 1':ni1ed State~ (see
Appendi~ 4. Ahel1lClthie lnlerview).
Other surviving trees include royal and other palm.'>, Cl padauk tree, Araucmia (monkey-
puzzle) trees, royal poindana. red cedar, b~lllhoo, leak, and pandanus (screw pine) (see
Appendix 4, Abemathie 1"1terview). :'\'Iost of lhese tree, are concentrated in the Nchrling
portion of the' t'aples Zoo, The -fig 1rees sh()w cerlain groupings ~nd linear placements that
may binl a1 t.he original layom 01' the Nehrling gardens. and the palms are in groupings
deliberately established by Nehrling (figure 15), Reyond this, liale remains of "-Jehrling's
original gmdens, and ,,'hal does exi sl i~ inl.egmt.ed into the 700, which use, the pla.nts 3S
habitat settings and as paJi of the overall ambiance,
In 2004 a co\lnr)' referendum appwved \he purcbase of 1he "I apks Zoo and surrounding
prope11y fr()m tile fleischmmm F"tate. and leased 45 acres 10 (he Napks Ze,o a1 Caribbean
Gardens, The Zoo will be expamicd. and the ,urrotlnding Iand~ will be developcd with other
public amenities. inclllding trails. water access, ond conservation areas 1hal will be part of the
Gordon River Greenway,
15
.A,qEnda !~em No 88
. October 23. 2007
Page 47 of 107
Figure 8. Dr. Henry Nehrling (1853-1929),
ramed pioneer botanist and horticulturist.
Figure 9. HenrvNehrling 10 or
exl,ibiting caladiums. -
; :,)
,is latl1e (slat) houses in GOlha
Agenda Item No. 88
October 23, 2007
Page 48 of 107
I'igure 10. 1954 aerial phorof,'l'aph of the Caribbean Gardens showing UJC cClltrallakes in the process
"fbeing dug. The pattemed outline below the lake to the right was a topiary maze never completed.
17
,L'..,uencJa !ism [\Jo_ SB
~ October 23. 2007
Page ~9 of 107
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18
Agenda Item 1'0. 88
October 23. 2007
Page 50 of 107
Figure 12. 1 <162 black and while aerial photograph of the Naples Zoo property_ .
wim the approximate borders outlined in yellow and Ihe approximalc borders (.I'A'\,
of the l~ehrlillg. parcel oullined in red. "~
- Naples Zoo PI1'p"n,l'
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= Nchrti ng PIIl'CeI
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19
:\genda Item r~o. S:B
October 23. 2007
Page 51 of 107
Figure 13. 2004 color aerial orlhophotograph of the Naples Zoo property with
the approximate borders outlined in yelllJw and the apprnxinmte borders
"i'the Nehrling parcel outlined in red.
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I'.genda Item 1'0. 88
October 23, 2007
Page 52 of 107
',l
Figure 14. VJew north at a cluster of Pandanus (screw pine) in cCnlral portion of
the Naples Zoo Henry Nehrling was photob'Tllphed with this species, and
several cluslers found today on the parcel may be descendant plants.
, ~
"I ib";.~~ .~ '
Figure 15. View south at one of a dozen large Fig IJees ofva:iou> species most
likely introduced by Nehrling.
21
Agenda item No. 8B
October 23. 2007
Page 53 of 107
Figure 16, View east down the
RO)'lll Palm """all:" originally
planted by Julius Felischmann
near the southern cd gC of thc
Nehrling parcel. -
Figure 17. Dead cypress trees ill tile area of tb, lonJlcr '"Orchid Cathedral."
22
Agenda Item No. 88
October 23,2007
Page 54 of 107
Figure 18. Typical path area showing one of ale very mature Fig trees possibly
planted hy Nehr1ing.
tri.",-",.,...
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Figllre ] 9. View north toward the Nehrling portion of the Naples Zoo propeliy.
23
Agenda Item No. 88
",c;tphQ' 01 ?007
DR/(%~2~:;Y6f 107
PREVIOUS RESEARCH
Allhough Helll)' NehrJing di~d in relative poverty and seeming ob~eurity 011 Novemller 21,
J929, he had published numerous books and arlicles and was the recipient of several Imnors,
inclllding the Frd.nk Meyer Award Medal from Ihe Florida Federation of Garden Clubs. In
1933 his weelJy arlicles that had been published in the A mer/can Eagle were compiled info a
book edited by Alfred and Elizabeth K.\)', entitled The Plant World il7 Florida, In 1945,
another compilalion of J\duling's anicks, My Garden il7 Florida, was published in two
volumes by Allen Andrews, editor of the American /;r.'gle.
In J 930 The Florida Audubon Sofie1)' purchased a porlion 0 r N ehrling's books and papers
and donated them 10 Rollins College as a permanent collection (Driapsa 1996), In '999 the
University of Cenlral Florida purchased another p0l1ion (l r Nchrling' s papers largely dealing
with his Naples property Ii'om Thomas and Georginll Mickler for the University's Special
Colketions.
lrl 1955, Julius Fleischmann commissioned Julia F, Morton, II professor at t.'nivcrsity of
:\fiami, 10 compile a booklet detailing the exotic plants at the Caribbean Gardens (Morton
1955 - Appendix 1). Dr. Morton featured 49 planl ~pccics in the booklet. Helping in this
effon was a young gradua1c snldent llamed Robert W. Read who would later cre.ate his own
c.ompilation of plants on Ibe parcel.
i'I 1980 tbe regional magazine Naples NOlF pu bli,h"d an interview witb former managl.r of
the Caribbean lrardcns .Joel ](uperberg lhat discusse.s tbe history and evolutiOll of the Naples
Z.oo property IrOn! lhe time (If Nehrling 10 Julius Fleischmann nnd thence to Lawrence mlu
Kaney Jane Tetzlaff (Wnlls J no).
In I 'J96, David 1\-'1. Dri,lpsu, drafted a 24-page biography and bibliography of Henry K'ehrling
detailing: his life und lll"O('mplishmcnts. In his muck "llenry Nchrling 'Patmn Saint of
Florida Gardens'" Ioe diswsscs Nchrling '8 conta,'lS with olher notable' tigllrcs of the peripu
wch as TIHlnllCo; Ellison and Dl1vid Fairchild and ai,,, include, un cxtcn8hc bibliography on
Nehrlin~ (Draipsa 1996). In 2001. Driupsa contribllted a biographic introductio11 to
,Vchrling"". Pian!s, People, ufu.i Places in Early FloriLlu. y\.'hidl was a condensation and
revi,joll of' Ne.hrlil!g's earlier writings ~dited by Dr. Rohcrt W. Read. Dr. Read also "dikd
Ndlrling ',I' Farly Florid" (;,'ul'den.\', another revised vplume "I' Nehrling's writings (Kelld
2001 3,2001 h).
In 2004, Car)' Hestcor, a gmdlli11e stllden! at the t.:niwrsity of Florida, wrote a proposal I,)r
restoration study or Nehrling's (j"lhn gardms in partial fulfillment ,of " Masters of
Landscape i\rchileclure llegree requirement (I-kstcr 2(04). This work gives detailed
infonnalion ah()ut Palm CoHage, :-Jehrlillg's home Clud Ihc surrounding gardens lI1 Ciolha,
Florida. The thesis also includes several case' stlldics ofothcr properties (including the :-lapks
Zoo at Carihhean G~lrdensl in Florida thai share fcanlrcs with Nchrling's properly in Golhu.
Hester provides objedives, design guiddines, and a master rlan I"l' restoring Ndu'lillg's
Palm Cotlage and I'ardens as u historical interpretive cemer nnd garden open to the public.
24
Agenda Item No. 88
D~~~~~~0~~g
In :WOO, Dr, Jan Abcrnathie, botanist at the Naples Zoo, compiled a list of plants he had
idcntiiied at the zoo and scnt this list to be checked b)' Dr. Robert W. Read, who was now
retircd from the Smithsonian Institution and living in the Naples area. Dr, Rcad crcatcd his
own compilation using Dr, Aber/mlhie's list as a basis (see Appendix 3). l'\onc of these
invcntories identify the plants according to whether t]ley were introdllced by >lchrling or
Flci,chmann. Dr. Abcrnathie, whose experience with the parcel ext~nds hack (0 1956, is
regarded as the best souree of information on the likely pl'Ovenience of specilic plants on the
1\aples Zoo prnperly.
25
Agerlcia Item I~o. 08
October 23.2007
DRAFIjl-B;;{)], 107
METHODOLOGY
The primal')' goals of this a.s~essment were: I) to determine !he subject parcel's eligibility for
designation as II site of local historical significance in accordance with the Collier County
Land Development Code, and 2) to prtH.ide information and un assessment to the Collier
County Archaeological and Hi~t()ric Preservation Board to use 10 make informed decisions in
issui!lg Certi[icutes of Appropriateness for any possible future changes to the subject pared if
such a designlltion is bestowed.
The specific fows of this cultural landscapc assessment was to determine the extent, integrity
and signific~nce of Henry Nehrling's experimllntal garden, The assessJnc,nt was perfom1ed to
locate and evaluate an)' signi Ii cant historic features on the parcel so that proposed
redevelopment of thc pm'cel could be implemented without adversely ,iI'fecling sllfviving
specimen plants, historic structmes Of archaeological ~ites,
Elements of this report were prepared in accordance \",ith the National Park Servicc's
"Technical Preservation Brief 36: Protecting Cultural Landscapes" which includes guidelincs
for Historical Research; Inventory and Documentation of Existing Conditions; Site Analysis
o.nd Evaluation offntcb'Tity and Signiiicance: and Recommendations for Future Treatmenl.
ARCHIVAL REVIEW I HISTORICAL RESEARCH
ReleVitnt archives and literature \vere revie\ved. This worl, included, but was not limitcd to,
stlldying previous archacologicill reports for sites in central Collicr County, reviewing
inlormation tJ'om the Mu.,ter Site File in Tallahassee l'OIKcming nearby sites, and exmnining
{;:';CiS maps of (he prujtTt "Tea, /\ review 01' the r."bins databasc of land surve}'s "Iso was
conducted. In addit jon, color and black and whi te aerial photographs from the project area
(some dating back (0 1954). which cOlild aid in revealing anthropogenic changes 10 tJle
lopngr;lpby and floral C1ll1l111Unitics, were illtcrpreted. The Florida Division of lIistoric
Re;;ources indicates that threc recorded archaeol{\gical siksSCR'12, SCR477, and
8CR925---{l(TUr in Tmvnship 49S. Range 25E, Sedilln 27, (fltes," siks art. prehistoric shdl
scatters and m'o 110( on or adjJceJllto the '''lbie'et parce],)
Research was conduckd at the lIenry J\dHling Archives 1l1' Rollins Colk:gl' in Win IeI' PJI'k
,md at the University of Cenlral Florida in Orlando. Additio]]al documents wne providc'cJ by
members o[ Ihe j knr\' Nehr!il1~ :';()(-ietv of c..;otlla, F1orida_ during a tour of Nchrlinu', Po]1U
.' v... . .... "-
COllag'" re"idence and gardens. Records wcre a]s<) provided by Ibe '1 "tzhlTs. Dr. Abern"thie.
and the Naples slIrvcying J;r111 \Vil,,)]]-tv!ilJer.
SITE ANAL YSIS I FIELD SURVEY
The field assessment included 3 pedestrian survey of I' parcel's eXlstlllg condition"
subsurface testing, a botanical ,1nd historical asse:;smenl. rid an architectural ;:lSSeSSJnClll.
Thc pedestrian survey E'L'llsed on identifying pbn" associated with Nehrlil1g and
F1eisehmanll, and was kd by Dr. Abernathic, The a' "eologie-al assessment ((lcllsed 011
loe:uing evidence of Nec1u'ling' s hOllse and slatlwu". tC)till ~f twenty-Jive 50cm2 sbovel
26
Agenda Item No. 88
October 23. 2007
DRAIi"Ii~M:Jitf 107
tests were selectively excavated ill two di$creet areas identificd as being th" loclltion of the
Hemy ~chrling home site and his sllllhnuse. In addition, four buildings fi-om Fleischmann's
Caribbcan Gardens were examined by au architectural historian and their significance
determined,
COLLECTIONS
All recovered archaeological materillls were cleaned and 4uanti lied and transferred to the
Al-IC lab in Davie.
INFORMANT INTERVIEWS
The ABC team conducted intcrvicws with Dr. Jan Abcl'l1athie, head bot.anist of the Naples
Zoo; David Tetzlaff, Executive Director of the Zoo: Tim T ctzlaff, Director of Conservation
and Commtmications; and Ralph Williams, head maintenance superintendent, Tim Tetzlaff
providcd vimage brochures and other information collectcd by his family concerning lhe
Caribbean Gardens and Jungle Larry's Aincan Safari. Richard ~ehrling, Henry '-JeJ1Tling's
!,'feat-grandson, assisted AHC with archival research at the Cnivcrsity of Florida and also
coordinated a visit 10 Palm Cottage ill (Jotl1a, Kathleen Klare of The Historical Nehrling
Society provided intornllltion, brochures, and documents relating to Palm Cottage.
'27
Agenda Itern No. 88
_Q~tober23-2007
DKAl'l'~~~:lfl 07
SUMMARY OF SITES
Site Name:
Caribbean Gardens Gateh()~e and Gift Shop
State Site Number:
8CR972
Em'ironmental Setting:
NOIthwest ponion of the Naples Zoo in a landscaped area
surround cd by largc marnre exotic (rees
Location:
Township 49S, Range 25E, Section 27
Site Tj'pe:
Standing stmeturc
Site Function:
Former gatehousc/entrance to Caribbean Gardens
Description:
The site consists of a main stTu~ture and two outbuildings, TIle
I <1rgest structure is the former gatehouse or eutrance 10
Caribbean Gardens built about 1954 by Julius Fleischmann,
owner of the Gardens. It is construded of TOllghly dressed
cypress lumber '-lI1d standing seam copper wofing.
Fkisc!lmallll. heir to the corn oil/margarinc/ycast fortunc, wns
panial 10 a rustic-cxotic mode of construction, He built his
mansion on Gulfshore Boulevard :'-forth near l\aples Beach ill a
similar style, The gatchollse incorporated a giti shop and
administrative a1lie~s. Thl' ulllbuildings arc a tiny pump shed
and garage-like outhouse huilt in the .'iam'" style asfhc
g...tfhousc sLamJing to its imnleuiafe .....vest and sPulh,'vesL All
threL' hujlding:; ar,::, used for s10rage .i:.inU .aTe not .liCl.'cssibk lo
Lh~ general pllhlic.
Chronology:
Histori~: l,ire.a 1954
l'n'ser'\'mion Quol[ily:
Good~ oul nt.'glt'l'leU unu hegInning to detenora[c_
(Fi'I:H@iil#"'
,'.";".-.".".'
1:{ll[,Il;\.t\;11i~(P:i~6' ~ Ama11d" 15 d()uble clucking.
Significance:
The site is eligible for listing in the National Register of Historic
Places under Criteria A, 13, and C. The structure is a good
example of a Florida roadside tourist altrit~ti()n of the mid.
twentieth century.
28
Agenda Item No. 86
October 23, 2007
Page 60 of 107
q.t~ """ fNt Sk>p ..t ~'-- (ja.J-, hapkd. t?lMJa
Figure 20. Vintage c. I 950/60s postcard ofthe Caribbean Gardens glltehouselgill shop.
Figure 21, View north of the Caribbean Gardens gatehouselgift shop.
29
Agenda Item r~o. BB
October 23,2007
Page '31 of 107
Figure 22. Vicw south of the restrooms, an outbuilding of the Caribbean Gardens
gatehouse!g.ift shop, ~
30
Fi !;me 23. \r,,,,w south",ast ofthe sll1a1le~t
o(1:wo oulbuildin!.'.s associated with the
Carnb",,,n GarJel1~ gatehcmselgifl shop
/\genda Item No. 86
~ Of,l\lb$r~" 2007
DlV-I.'P'8g.;:e2l6f 107
Site Name:
Caribbean Gardens M,mugds House
State Site Number:
8CR973
Environmental Setting:
:-.fortheast portion of the :-.fapJes Zoo m a landscaped area
surrounded by matlu'e exotic tTees
Locath.n:
Township 495, Range 25F. Section 27
Site T~'pe:
Standing structure
Site Function:
Re~jd~>n,'e for manager of Caribbean Gardens
Description:
111e site is a white vinyl-sided house used by several managers
working for Julius Fleischmann, among whom wa., .loe]
Kuperherg, who was responsible for augmenting the extensive
plant collections of .Iuli us Fleischmann at Caribbean Gardens,
The building. cl>llslnrcted around 1954. is a plain, generic,
inexpensive house of that era, It is now used for storage and is
not aec.essiblc to th., gcneral public,
Chronolog)':
HistC'nic: circa 1954
Previous Rcsca reb:
None
Prcscn'atitlll Quality:
Gllod_ hut neglected and bcginning tCl detenorilte
o,~'ii~r;;ljjp::::
;/::;,'<>:.:
"S.'i"
l,m'ilm;iv)ljlJ2f,ep~iM ~ Amanda is double checking.
S i go ifiean cc:
The house is not eligible for listing in the National Register of
Historic Places,
31
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Figure 24. View soutlleast orlhe Caribbean Gardens manager's house.
Figure 25 View north "fihe Caribbean Gordcns managcr's I;,:':se.
32
Site Name:
State Site Number:
Enyironmental Setting:
Location:
Site Type:
Site Function:
Description:
Chronology:
Collections:
Previous Research:
Presen'ation Quality:
Ownersblp:
Significance:
Agenda Item No. 86
_ OGJQh.er 230~007
DRAl'-;il~l. iif 107
Henry Nchrling House Site
8CR974
).lorthwest portion of Naples Zoo in a landscaped area crossed
by a winding asphalt walk
T(ml1ship 498, Range 25E, Se~tion 27
Site of historic house
Residence
The bouse, as it was, is cbaracterized in David Draipsa's
biographic introduction in }\lell1'ling's Plants, People, and
Places in Early' Florida as "a small 'backwoods' shack
standing on piers, conmining a large living room v>lith 'windows
looking over dlC garden and another very small room where
[Nchrling) kept his books and photog,l'aphs," '111e stmcllll'e was
wood frame. Notbing rcmains standing abovc ground,
Sub,lIfltlCe remains are minimal and heavily impacted by
rcccut changes, The May 6, 1926 hurricane is reported to have
lorn Ihc roof off thc building and forced jt ofT its piers. TIle
stmcture may have becn aljf,'Tled Wilh an east-west row oflal'ge
fkus trees planted dowll the length or the parceL Two extant
royal palms may have been part of 11 row l1anking all east-1Ncst
walkway to the house, The house lay to tile south (.>1' a brge
sla1hollSc (8CR975) where l\ehrIing grew calmliums and other
planTS.
lJislOric: 1'121-1929
None
Driapsa, 2001
I'air In pour. Thc sitc is in a w<11bvayianimal enclosure area
and has bccn >ev('l'd)' altcred by rcccnt dcvelopment.
Public: Collier County
The site is oflocal signifi=ce. 1t is not eligible for listing in the
National Register of Historic. Plac.es
33
MODERN GATE
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ENCLOSURE
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j'igurc 26. lVlap oLhe Nchrling Hou,;" Site (SCR'!7~) area showing the
pi""'.i"ent of shovel tests in restricted arc~s avaiiabk for testing,
.L\genda Item No. 28
October 23, 2007
Page 65 of 107
r-
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10 20
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40 Fe;!! approx.
34
Agenda Ilem No. 88
October 23, 2007
Page 66 of 107
Figure 27,View west at the Nehrling
House Site (8CR 974). An asphalt-
paved walk crosses the area., which is
l1anked by endosw'es containing lions,
African wild dogs, and Duiker antelopes,
FigtlTe 28. View east back toward the area of Figure 27
35
Site Name:
State Site Number:
Envimnmental Setting:
Location:
Site Type:
Site Function:
Description:
Ch ron ologJ-':
Agenda Item No. SB
Octpber n 2007
DRAIP,,9k:~O:lf 107
Hen:)' Nehrling Slathom;e Site
8CR975
Partially cleared land northeast of antelope enclosure, tlanked
by the parcel's north perimeter road in the northwestern portion
of the Naples Zoo
T ovmship 498, Range 25E, Section 27
Site and foundations of historic slathouse
N l1Ts"ry I horticulture
The building, as it was, is characterized in David Draipsa's
biographic introduction in l'ichrling's Planls; People, and
Pla,'cs ill Early Florida as a slathoU5e used by pioneer
horticulturist Henry Nehrling to propagate and raise cabdiums
and other tropical ornamental plants, similar to those
constructed by Nehrling at his other nursery in Gotha, central
Florida, A plan found in the special collections at the
University of Central Florida indicates that the structure
measured 336 feet north-south and 80 feet easH\'e~\ (Figure
29). An assessment of early photographs of similar sttuctur~s
built by N ehrling suggest they were made of rows of upright
poles of cypress or ligntered pine, 10-12" in diameter,
supporting lateral 2 x 6" or 2 x 8" boards which in tu
upported 1 x 4" slats spaced at equal intervals for control or
Iic;nt and shade. A 1952 Miami Herald newspaper miide shows
a pnotOji,'1'aph of part of the mined structure (Smiley 1952),
Ralph Willi"ms, head of maintenance at the Naples Zoo,
remembered that there were three wooden poles in an east-west
line still sk1nding in the footprint of the stru~tur~ until (en yeclrs
ago. The archaeological investigation revealed a discreet lens
of oyster shell 4 inches thick that may r~present paving
associated with this structure. Two or more pipe lines of
appmximately 3-inch iron pipes were noted in association and
orientation to the slathollse structure. Research indicates that a
waler tank/lower was consln\cted on the parcel to water plants
in the sJathollsc, A fallen lightered pine post near a limestone-
filled pad, also unco\'ered dllring investigations, may be One of
the vertical posts supporting the slathouse mot:
Historic: 1921-1929
36
Agenda Item No. SB
_ Of!.Ober 23,,2007
DRAIi"~~4'fiJ~f 107
Collections:
None
Prcvious Rescarch:
Smiley] 952, Driapsa 200 I
Prcscrvation QuaIi1)':
Fllir to poor, The sile is north of and behind an animal
enclosure and has been severely altcrcd by recent devek'pmenl.
Ownership:
Puhlie: Collicr Count}'
Significance:
The site is of tocal significancc, It is not eligible for listing in the
National Register of Historic Plaecs.
37
Ag9nda item No. 88
October 23.2007
c, of 107
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f',gure 29. Sketch by Nehrling .<howing a proposed ",I<
sIathousc.
_>I, to his Napl,"s
D:).::j'~(~rr C:C,URTCSY UI-II\lD~3rry 0:0 CG';~ I'L rL':-'I~llJ':' Llf.IO.:'F:'Y _ -SI"'CI';L r'o I':JI'J~:
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Agenda Item No. 88
October 23, 2007
Page 70 of 107
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figure 30. Map oflhe Nchrling SI,lthouse Site (8CR975,1 area showing the
placement of shovel te.~l, in re,tricted area, availahle for te,ting.
:: POSITlVE SHOVEL TEST {Ii-INCH THICK OYSTER SHELL LEt-JS) I
IIlIi! ~ NEGATIVE SHOVEL TEST 0
10 20
39
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,_E .:~;","":::".S:.~S'il.:::.!.EJ; '~~:i:i:.::::,_~;;:;:;':"'::'...lJ-,,~;~:,":'~ ':::::_ :~.
/<.J,,~'oI ....,.,. .;.~.... .... ...." .....
It,CC. Gk1J.NT o:;J...MlNE:8 OW NE:RR'LDlc. $i.):.I lfOt,;$,t:.
Agenda item i'~o. 88
October 23,2007
Page 71 of 107
Figure 31.. Photograph from the 1952
Ni,on Smiley Miami Herald article
showing Jack Grant (then manager of
restoration for Cambean Gardens)
examining the remains ofNehrling's
Slathollse.
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I'IEW Mllll101llAa AIlD6 Il!;:.r .,. TO OLD N!:lIl!J:.!NG G/~OD1l! AT I'iII!'l.S8
Figure 32. Photograph th.u the 1952 Nixon Smiley Miami Herald
articlc showing onc of tIle' ,,['\\1)' dredged centl'allakes OIl the
Caribbean Gardens par:~,:..:!
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71
Agenda Item No. 88
October 23,2007
age 72 of 107
~2'
Figure 33. View east of Tim Tetzlaffand Ralph Williams standing at the NehrJilJg
SJatlwuse Sile (8CR975).
41
Figure 34. View east "fVuit 1
ex~oavaled to approximatdy 10 em
in depth. The superimposed dOlled
Iincs show Jocalions of fcatures:
A. ReC-langul ar lime~tone pad for
post(?): 13. Apparent comer of
4-inch thick oyster shelllen,;
C Location oj' cut lightered
pine pnsl found on wrface;
D. Apparent edge of shcJlleos
J\genda Item ~~o. as
October 23. 2007
Page 73 of 107
Figure 35. View non orslighlly undulating shell lens in n(]Jih wall onJni! I.
\~~;~~if'
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Figure 36 \r,ew nonh of detail of lllldulating :;helllens in the nonh wall of Llllit I
,12
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7
\1
r\',R:i'"1'ED ~HNCH OI:AMETER IRON piPE
P.!:PA1R[D,!JOtN(3)BY ROUG'r-l!i;Y ,o;.PF'~~P
GCNCRETE-PATCHING. SFGMENTI;ii
,ALI!<.1lNEn 1 0 'r HI;; ,,-',ffl.,"'tNAL f."C1~lS
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?OSlT;ON, DARI::FNED PGI?TI()N o~ P~J:~"T
'.'.\o\~Ot~Cf Rt.lP,IEfJ IN 'r....E (~~("",/!..;;) NU::
.!:]~D c:..rr 5Y $t,W
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Figure 37. Plan ,>f the Nehrling Slath(luse Site (8CR975).
CONTOURS IN 1-f-OOT I NCREMENrs
FrtDMM4P(;RFJ.TfUl1\' JOHI0Ci'lllJ',(f'. JIFIJ:l Nl!1,~rtl~.lAhjll
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Agenda Item No. SB
October 23, 2007
Page 74 of 107
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43
Agenda Item 1\10. 38
Octohpr 23 ?007
DRAl'r~-250.rl 07
RESULTS AND CONCLUSIONS
'J11e Nehrling plln:e1 was ~ssessed 10 determine whelher it retains any elements and features
that could contribute towards a significant cultural landscape occurring there, Th~ ,ISS~SSlJ]~nt
was p.::rformed specifically to locate and evaluaTe any signifiemJl historic I and~cape features
related to )Jehrling's use of the parcel. as well as any eomributing archaeological und
historical features. so that a master pJan and proposed improvements to the Kaples Zuo ~an
be implemented without adversely impacting any significant cultllfaJ resources within it.
The term "landscape" in the contcxt of this "-"essment is ddined b>' the National RegisTer as
several specific types (Naiional Park Sen'iee Prcsen'Cllioll Rrie/3Iij::
A ell/Iura/landscape is ddincd as a geographic al'ca. including hoth cultural and
natural resources and the wildlife or domestic. animal, there.in. associated with a
historic CVL:::nt., activity, or pt.:r~ntl or exhibiting other cu]tllriJl or aesthetic vallles.
A hiMoric vernacular landflcape is a lands.c.npe that evolved through U5~ by the
peoplc whose activities or occupancy shaped that land,cape. Through social or
cultural altitudes of an individual. family or a community. the landscape refleers ~le
physical. biologic.al. and cU](llml character of those ,'vcryday lives. !'unction play" a
significant role in vernacular I:::mds.c.apes. They c::m he a singh.' prop~r1:y such as a
fann or a c'.olkc;tion of propc'Iti-l:s sllch as. a district or hbloric farnu: Hlol1g a river
valley, Examples inc,lude rural villages. industrial compkxcs. and agricultural
I :ltlds.capes..
A !zi~'f()rjc sUe i:i a tandscape significilnt for il5 ass(Jciatiol1 \,,,j1b a his(llric CVl'nt,
<it1iv[ly. or rL.:rS(1ll, r.~.arnpk~ indudc hlHncfkld~ ,md prcsidcnl\ hf'lJ~" properties.
An ethnographic 1.:Hldi.'cape i.t:; a Iando:;;c~pe cOIlt..'lining 3 varit:ty of natural and cultural
rC::;OllfCCS (h~l[ :'lssocialcd pcopk J~finc ,-lS hcriwge ri...'SNJfCC$. EXflmples arc
contecmporaf)' settlements. religious sacred sites. and massive ge:ologkal slnH.'.lllr~s,
SITl~'t1J plant l:tHllt1l\Jliilics~ iHIiItl.<'ds. sllhsjsl(mc~(' and Ce:l'l.'IHOllial gWllnds are often
(,;(rmpont';ll~.
/\ hisJori(' designed lm1<ls('npe is on 12, lhat v,:as L:om.cluLlsl,)" .:.ksignt'd or ],Jld (Jut hy 8
lal1ds,~ape arGhite{~t. maskr g,ardenCf. arcbitect or hnnie-ulturi""t acc,ot'ding to de-sign
prim:'ipk'::". ur an amaleur gan_h,'II~r I,vorking in a rCGogniL:t'J style or tradition. Thl".~
lands.-capf illS)' he assnci3ted \\:rth a :;.ignific.:lnt pcr,,,;oll(s)~ lrclld or eVCl1( in 1:-md;,;c3pc
art'hik:dun:; or iIlustT<'lte an important development in the theory and practice of
lands-cape architecture. Acsl!lL.'tlC v::ducs plJy :'I signiflC:::lllt role ill dc.c;igl1C:D
bllds.capGs.
Orthe iive 'ypes ur cu!tural Iomdscapes. the one ihat nwsr dosely 3ppli~s to the sllhj~ct parcel
is the "hi,toric dc"ig:ned bmlscapc" TIle crikriu I'm an historic desib'11ed landscape are as
["II(,w,:
]. !\ landscape that has significance as a design or work of art:
44
Agenda lIem No. 8B
. OdiWer 20..2-007
DRI\.I"~~:;!6lb! 107
2, A landscape consciously designed and laid out by a master gardener,
landscllp~ m_.hiteet, architect, or horticulturalis! to a design principle, or an
("'T,er or other amateur using a recognized style or tradition in response or
reaction to a recognized stj'lc or tradition;
3, A landscape having 1I historical assuciation with a significant person, trend,
event, etc. in landscape gardening or landscape architecture; or
4. A landscape having a signiJicant relationship to the theory or practice of
i<mdscape architecture,
Hem)' Nehrling's garden in Naples, Florida as uriginally conceived and executed would
qualify as all historic designed landscape. Nehrling was a significant h01iiculturalist who
pioneered the int.roduction and propagation of exotic plans in Florida. The intent of his
garden was to create a hannonious blend of native and ~x()tic plant elements thaI would
inspire and promote their use, In addition, the garden \vas also used for commercial
propagat.ion and as a field SImian for the introduction and evaluation of exotic plants.
Nehrling's conception of his relati(lnship to plants as a '.Iandscape artist" rather than that of
"architect" was a philosophical departur~ from earlier F.umpeiJJ1 cODceptions of creating rigid
linear, formal, highly maintained g"rd~ns (Draip,,, J 996), As Nchrling scholar. [)avid
Draipsa, writes in "Henry N ehrling 'Pat.ron Saint ofTlorida Gardens "':
}\/e1'(!F s'ric:(~v j<4Ion"flg {he rules (:1 the landscape designer's sH'eephJK lmv115 L~f
gra.~,.. with scatu.'7"ed dumps ()f trees, _VchrlbTg adopted a garden style ,hat Wf)S
l'esprm.';,'ive to the suhtropic environment H' The resulting s(rfe "vas more analogous Jo
flu..' w.'maculoi' hmd~~'('t"J-ws (~.f,he piwu-'('I" ,hou 10 ,he m.'lId(~mic ,\!.I-'te ~?l,he /arub;cape
archilcct(Drail1SD I <)()6).
Drnips3 ~!S(1 explains tlmt l'cllIling's ideas were. shaped by several Iilrger landscaping
mov~ments 11mt w~rc sweeping the country during his lifetime that \"'ere clqJartures ii.om
traditional gardening rlwory, and that hc oftcn corrcspnndcd with inllucntial pf0poncnts of
thc HC',' naturalistic approach to gardcning,
lron.icaUy. NchrJing's emphasis on the eckctie llse of "found'. (original) landscapes and
minimalist 3ugmentation by the judicious addition of exotics has helped ohscure any
surviving elements of a l1laS'cer plan at his l'apJes garden. This ~nd the prol(lUnd changcs
made at the parcel ~ince his death have left only ,,,,,'era1 dl)z~n generally large and mature
speeimell trees tha1 can be attributed to him, Reestablishing coherent retat ionsl1ip$ or
or;ent3tions of these surviving plmlts to a 11l3ster pial plan (which nwy no longer exist if il
eVer did) is problematic as much of the origin"llopngraphy and vegetation has cha.1lged.
I'hc pbysical remains and mallifestations of Nchrling' s tenure on the parcel arc minimal and
much-altered. They do not contribute as substantia]];: to\vard qualifying the prop~tiy for
I is] illg in the Nmion,al Registcr of Historic Places as, for example, those of the the Palm
COllage Gardens in GOlha, Florid;}. TIlL' (i-acre parcel ill Gotha indudes Henry l'ehrling.,
firsl hume in Florida, numerous plantings, and ,j generaIJy uninterrupted landscape adjacent
to Lake Nally (l-1csll>r 2(05).
45
Agenda Item 1',10. as
.Oct!l.P"Ir ?3 ?007
DRAp,\g.;;-;[rijl107
While dements of Nehrling' s overall :'oraples garden-landscape sllrvive in the fonn of a few
mature specimen trees, the provenicnce and positioning of most smaller plams and shrubs
have been obsC'urcd by time, Scveral visitors to the parcel in the early J 9505, among them
Nixon Smiley, reporter for the Miami Herald, and Joel Kuperb~rg, fom1er manager of the
Caribbcilll Gardens, indicated that most of the minor Iamhcape elements amI smaller
ornamental plants had disappcared by 1954 (Smiley 1954, 'Watts 1980), This IlSSeS~met1t ha~
also detcrmincd that all surfacial traces ofNehrling's experimental gardens and commercia!
C'peration, including his home and slilthouse, have also been effaced, and thllt any surviving
elcments :lIe archaeologicaJ in nature,
The standing struclllres that still exist on the Nehrling parcel were huilt by Julius
Flcis~hm"nn li)r the Caribbean Gardens. They are the gatehou;;e/gift "hop and its two
outbuildings, and the manager's huuse, All are in excess of 50 years old. The manager's
hOllse, though it relates to the Fleischmann era, is of secondary import.1.nce and is 110t
architecturally significant. The gatchouse/gift shop complex if of primary historical and
architecmraJ significancc and is potentially eligible for listing in the :-Iational Register of
Historic Places under eri lcria A, S, and C.
]n wne]llsion, the Nehrling parcd is not eligible Ibr listing in the Natiol11i1 Rei,'ister of
Historic Places as a cultural landscape, although the Fleis~hmann gmehollse/gift shop
struclure located within it is individually eligible. However, the Nehrling parcel does qualify
(i,r design'-ltion as an hislorically and Oifchaeologically significant sile in accoru,mc.e with the
Collier County Land Development Code, Sectilln 2,03,07 E, based on [be fpllowing
characteristits/c.riteria listed in the Code:
J, The ~rea is associ~tcd with dislinctive dements of the culmral, social,
\,t1mic. political. ecc))1omic, sci~ntitic, religious, prehistoric. or "J'chit~ct\lral
history that have colltribut~d to the pmtern of history ill the community. the
County. l11e State of Florida, or [he nation,
The pared is the locatioll of pionccring horliculturalist and landsc2.pe architcct. Hcnry
l'ehrling's tropical nursery and plant introductory station which operated fi'om 19~11O 1')2'),
rile parcd represents n distinclivc "cicntilic mn(ribulion [n Collier County ,,,,d tht' Stale "I'
Florida.
2. The are'l i, associated witll tbe lives of persons signitlcant in histC'J')',
Hl:l1l')' Nehrling ".a-, important person who c.[1ntributcd to our knowledge of bot.lJI1Y.
hodi('u11un.:.\ and bohmy. 011 a local, Sl~tte_ and nmionallevel.
~. The ,arL.,:,a Cl11bodic'S the JiStilK:.tivt' r.:hanH..:t;,:.'ri':li'l'~ of a Lyp-e~ period.
method, or mmeri~ls of const.ruction Ihal pO".c:ss high artistic value,
quality of design CTaftsmallShip, or That l'epl'CSCL d1 individual architGct or
bllilder'.> prominence or contrihul ion to the de" ,pmcnt of The County. t.he
Slate ,,['Florida, "r Lhe nation,
46
Agenda Item No. 88
'D" Ocl;;lP1r i:),~007
r...Apagt...m 107
The subject parcel encompasses remnants ofNehrling's oJiginal gardens and Fleischmann's
Caribbean Gardens. Thc gatchouse/gift shop building for the Caribbean Gardcns \,vas built in
1954; and rcpresents an important example of a Collier County tourist attraction with
distinctive architcctural design,
5, The area has yielded or is likely to yield infomllilion 011 local history or prehistory;
l11e Nehrling parcel encompasses archaeological evidence of an important historic site, the
Nchrling slathouse (SCR975), and possibly the Nehr1ing homestead, (BCR974),
47
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Agenda Item f,o. 88
October 23,2007
Poge 79 of 107
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Agenda item No. 88
October 23, 2007
Page 80 of 107
Figure 39, Sign at the Naples Zoo announcing regularly sc.heduled plant tours.
.\f'~
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Fifo,rure 40, Special botanical area at thc Naplcs Zoo showcasing unique plants and
planters.
49
Aoenda Item No, .SB
~ OltRh'lr 23.,,2007
ORA;"~~iJ4()ji 1 07
RECOMMENDATIONS
Bascd on the available data, some type of IUlmal recognition of NchrJing's gardens and his
scicntifie contributioll5 to botany and omithology should be implementcd by Collier County.
The Nchrling parcel mcets four of the twelve criteria for a signilkant historic site in
accordance with the Collier County Land Dcvelopment Code 2.03.07 E. TIle parcel
encompasst's ft'attlres and ~ites that rcprcscnt cvidcnce of ~ehrling's pioneering work and
that of F1eishmann's Caribbean Gardcns, which qualifies as a historic site because it, too,
was an important botanical garden and roadside tOUl'ist attraction, now in exees~ of finy years
of age.
Detracting from the parcel's historic significance is The diminished integrity of the parcel's
hi,toric lemures, reslllting from the large-scale rcmoval of many ofl\'ehrIiug's plant~. as well
as the attrition of othcr plants by storms and disease. Also, tbe distinction he tween plants
in lrodllced by NehrJing verstls Flcischmann is not often clear, and certainly not documented
in the various plant inventories that have b(.cn completed since 1955 (1vlOlion, 1955; Rcad
2001).
It is recommcnded that existing histOlic specimen plants he fully invcntoried and mapped by
GIS coordinates. lhese plants should be maintained and interpreted at Ihe zoo. '111i5 is
alremly the ca.~':. in part. But consideration sbould be given to creating a more detailed
bOlanicaltrail incorporating the existing trail system. whcreinlhe Nchrling feamres are fully
interpreted, hy using disti net iw Nehrling signag~ and a walking trail bmchurc. The brochure
should include a lTlap indicating tbe location of historic K ehrlin[' fcamres, such as tbe house
and slalhollse :;ites. An atlempl should he made to crcdit the individual who introduced e~ch
[->peeimen on the rev iscd pl~in1 signagc.
AllY propooed d~aring and rnkvel('prnent uf th~ ZOl' in thc vic.inily of the Nehriing lIouse
Site (8CR974), and Slathollse (8CR975), should he subject to monitoring by an arclweoiogist
and, in tht' cnse ,,['the ,["thouse, ~dditimml <.lrchaeologic.altcsting should be ,'.onducled.
The Caribhean Garckns GatchoLJsc 3nd Gift Shop (gCK'/72) is a significant historic strudme
iUld should bc preserved. It is recommended that its blli Idings be restored aml it tl",d in its
existing location as a Nclll'lin[' Ivluseum~a focaIl'oint for the inkrprdalioll ol'tlle Nehrling
and Flcischmannlegacies and the hi story of rJorida landscaping.
I r prc'ser\'''ti"n or this historic huilding cumplex in its original location is not f;"asil,le thell it
,hnu.lJ be rc!oeated and restored. In this last resort, the strUC.llll'C:(S) should k. moved 1.0 a
lo~"ti(Jn as l'I()~;e "s p,,;:sible to th~ ori:;iDl11 site 'vhile maintaining their original spatial
relations as much as po"siblc. One option would be 10 move rhe stmctme(s) to a parcel on 'l'1,e
n0l1h side oflhe Naples z'oo, CDnsideration shmlld be given to rattnering with local nol-10r-
profit hotanical or plant societies 10 implement nnd stalfthe ~ehrling museUlll "nd hou,ll1ical
c.enter.
FinDl':., i1 is recommended thaI a ellllural re;;ource stuu\' be eonduded to document other
historic and archaeological features outside or lhe scope of this assessment prior to the
approval or a reJevelopmenl pbll ror the K ~J1les 70p I"" 'pert).
50
Agenda Item No, 8B
Octob~r 23. 2007
DRA.litgz-2!01107
REFERENCES CITED
Driapsa, David J.
1996 Henry Nehrling "Patron Saint of Florid a Gardens". Unpublished manuscript. 24 pp
2001 Henry Nehrling J.3iography (1853-1929) in Nehrlillg's Plan/s, People and Places ill
Early Florida, Robert W, Rcad. cd, University Presses of Florida., Gainesville, Fl.
Fleischmann, Julius
] 935 POOlS/eps inlhe Sea, G.P l'utnmu's Sons, New York,
Hester, Cary
2004 A Restoration Proposal for Dr. Jlenry Nehrling's Palm Collage Gardcns, Gotha,
Florida. Proposal for lv'laster's Thesis. University l>fFlmida. Gainesvi lie, Florida,
Moller, Gertrude
2002 Remembrances of Eleu(hera. In Shella-O-Gram, newsletter of Jacksonville Shell
Club, Jacksonville, Fl., May-June, 2002 issue.
Morton, Julia F.
1955 Some U.l'~fid and Ornamellla! PI{Jnt~ of lite Caribbean Gardens. Parkt.r Art Printing
Assoc.. Coral Gables. 1'1.
Read, Robert \V" cd,
20m .1I.'ehl'ling', Early Florida G"rJenl'. L:niversit)' Presses ofFJol'ida, Gainesville. 1"1.
Read, Robert Vi.. cd.
20111 ]v'ehrling's l'hmls. People and /'laces in Eal'(V Florida, University Press of Florida.
Gainesville. l'l.
Srniky. Nixon
19.52 Garden To Blonn1 /\gdln, AIiami i{cl'ald, 11-23-52.
\Valls, Edna l\'kA.
19S0 Tropical CiarMns lO African Sal,ni: A History oj' Caribhean Gardens, A'''plc.I' Now,
March is~uc,
51
.L\genda Item No, 8B
Octo her 23. 2007
DRAF"f>~gHlj'of 107
ArP:ENDIX 1. 1955 ['LA]\;T INVE::-.ITORY OF TIlE CARIBBEAN GARDENS
Pfants illustrated in tho original catalog of .'Some Usefuf lJrKi OrmJfftfJIitrJf Plants af UlfJ
Canbbean Gardtmsl" by Julia FI Morton, In 195:5.
AC;lcii! fwnoslana Willd. S'vVEET ACAC1A l1ativeto tmpic::al Amellca
Allillmlnda r:alharlJc. L YElLOW ALlAMANDA "ajive to 8la;:il
Artabalrys odor;;lItllllmu$ R.Br. CLIMBING YUWD-YIAND native to Asia and E~sllndi".
Rix8orolhma L', ANNATTO. L1PS7ICK PlA.:NT rrative: to Jroplcal Arne;ica
Bfassaia lJctinophyU~ End!. (Schd!1era act:no~hylla HalTTls) QUEENSlA.~D UMBRELLA fl<.ltfvt." to Austral~a
BYI':,>o!"Jm,f:' cmssifo/~ I-iBK, ~JANCE or GOLDEN--SPOON native, to llT.lpfcal America
Cmj"""gnmdlflortl A. DC_ CARISSA orNATAl->>LUM r1alivejo SOLJlhA/ri<3
Coa.oyota mitis tour. TUFTED FISlHMl PALM nZltrve to Burma ~nd Mataya
Cassla ala'ta L. CANDLE BUSH, CURE~ALL. or R1NGVVORM S!::NNA n.sd:ve 10 tropical A,manca
Cncysallclocarpuslulsscons Wendl AP,ECA Pf-LM, GOLDEN CAN!C PALM ""'''.lo M&dagascar
Cllrus '.lIeu/a!. X fortuna/lo ~p. (Cllrus m'lis) CAlAMONOlN
Goccoioba Uy1f;ef"il Jac-.q, SEAGRAPE native lo FlorWa, (1r'd V"~i Itldtl"!5
Cocosnucifsra L COCONUT PALM native to old world tropics
CofDC:i!.sla e1iCuJanta Schotl TAHO MOvc to sQulh'PaEotern A.'-';ia
Corrlyliml'lermltlstJ$ Kunth (DraC'.mm-a terminalir;) TI rpWtlounce<.llee1 nOOive to tropical /\Sta. Pofync~a
eyens c;rclnalJs L. FAl,St: SAGo..PAlM natiVE'lo Southeast Asia, EB:;1 ~no.es. South Pacific
DDvyafis heb8C.8rpa \....'8:rO. CE.ytOr~ GOOSE3ERRY. KETEMBILLA native to Sri Lanka
Etaeis [Ju/m:xmsls J5Icq, AFRf(""..A.N OIL P,~LM r.e~~a tD West: Africa
HlbJ~c(J.$ f'Ozs,..sJnerltii$ L Hl3rSCUS n-ath'e to Soutt1ea5t Asja and Pctynes.i8
fflhls=Hlli"""". L MArlOE OR SEA HIBISCUS .
JUIfipMJS sificle%' Bafley SOUTHERN RED CED)\R rtatNl1 ~\)~zti:l U.S,
Mon-f:i.tum dfJ/ic/oSiJ- Lie-om. CE R~MAN, MONSTi: RJ.. nmiv0 tD Mc}:h.~Q and C(~flt.ra1 A.menc.9
Myri,~,[; C"~rlfero L MYR"P....E. SOlJrH~RN W;'YJv1YRTLE
NorivNI of(Jander L. OLEANDER native to 1''''~d'!erri3n~.an rt~gfrJn
P"fl-MnUS urrJi$ Bory, SCF:~'NPINE n;njvE; to Mad~S"^'::Sf
PCfSmdJorootlla S~rl-~rlq, HSD H-'\Y na[lve1-:J WDstn' U.S.
Phonnix roclfnBta J.ao::;'l~ ~~Er':f:GAL DATE PALh1 natille to trop"~cal Nrk:a
PltyJfrmthrr!J fJmbUCil L, E:I<.'18L1G n:=ttlv!;- kltr(Jpic[.{, Asia a:n::l Cas~ ~n.jies
Pterocatpur. indfcus \P.lilld. e.URMESE ROSE'NOOn, BLOOO\.r....C>CJQ na'ii\'f".lo M~la'{.<'l <m~~ [_~:;;l f:"lc'iie..<:;
f?fw'd<JmYf"ws :ormmtosvo I :.:l:,,~;k LJ()'NI"'J)'- ROSE MYRTLE i~rh.l(.c to p.!J.~a. fOlnlcma anci East t'ldi~.s
R{)J.'~1!H1fM<J/mlJ' r, 1-1arper ROY,Ad. P/~U~1 niJO;llve to so:.rth fI(>>id,~ and poc....~ibIV Cu:J.;,~
S~oaf piJlmcr!o Load. CADG,\(;f.'; PI\LM n::-lJi1JE' l:J Sou!:,eastern U.s.
S.l),ji:.'h{)d~&' camp;:mul:J:'<l Els,;;}lrv. PIFRICAN :'UU? tREE, SQUIRTER FLOi/VER native to::. Africa
Stf}."t:'trnos spfnos~ t-<mi. N,~,TAL ~)(,"""NCiE, VJ.,FFIR ORAI'JGE, D:' MONf<:EY 8,;LL nirllvE' to .c-Jrir::i3
s}!z}'{Jrmr: cuminl S k.;:ods (El..'g-en,j) j ombDlonJ) J/\!~~[h")l ,.AJ.,J (I;' JA....I.:., p u.rr'..~ no-trJE- fO Asia. East l!ldi~';i
SFJrgiumjsmbt1!:; A!o;,1CJ/"i (Etlg~:Li& j.:r;nOOS) i~CSE f\PPLE r~r:r.iy't:: tel. SOlJ[~ta,-;::~i5!rn l\sia ant. =<1&j Indil'~s
T~oc1h.mr distrchum v~r, nlJt~/l:: .s'i,l'f:~el .:T .L'>;'JG'r-:nr:icr'l,;;) PDND CYPFU,;~:S: n~m.'e 1-:,.' Sout~~e<:s1.Em U_S
T~rmi:Jalj2 C21appa Ln:,~,-.)Pi~;J\L-,AiJJ,::JND naih..Je to r'.~aj~-'I(lai~;r
TtI;?~!;;Jp;mu.1( p;,pyrif"wm r:och Rl~:fAJ).',.PER PL ,6.NT n:::rtiv-f' to rormos.-:l ar1~ -::nUH1"'Jn Ctlln.:;
n/hmC'SJll lJ.~nf!:widf?!3 (';;P,,\NISH rt/i'::JS5 p..c.tii,'[, tG r';[luth~,~t.tE>m u.s
52
Agenda Item No, 88
Dn A fl'C:<~1r:::J, 2007
r.J'" -\-''';;r-,-!!4' of 1 07
APPENDIX 2. 200G CARIBBEAN GARDENS PLANT INVENTORY
C~\ribbE:Qn '3ardeHS l?l~Ti~ L:i~L f.l r 9/1.e/~IO ~ent by .Tan ,~bc-:-:'nathy fer
cl1.cldngt c"".1e-",/ 1 R.4!.Re..o<, ~.];>. tP.e:r,,-t" t::~",( ~~=r-.,4
Jl..ca lY1?~~ bi.Bpid-Ci
Ar::chmea blanch6tt:.ana
JiJeC'::11':tE':a f'.Jlgen~j
Acc~~ca s~i~hior~m
A~.(h~et5.:.a odor-a
A:p.::;.inF\lrpuro. t,,,
A:.pJ.n.:La .:-er:Ufilbf:i:,l.- WH ~
P,r',d.~C1'::'epis skir,nE'r'i
_~~,)) n ona s q u idl10 ~~ a
~',;',t,j'JE1:::m~ bun.i1)s
P,r6,l:c~.::';r:J..a :~id,~ilj,~j
!~.r~i,l~CQ:r:j.~ Gunn,~;-'lJhtU"l;l
l'\r,="u.::,~r~,f.! het'::'rc-~~,hylJ..a
,/:\,rT..<:';;:::?Jrpl1::i h{~LG::r.upll}'ll
Aspjdjsrr! eJ6tjor
B2;rnl'.'U~ia gl~n~C:p.!.';:<;!lln
h~rnt,u~a vtO:'t"lt_::'icc..:",,;:!l
!3j::! ut~1.n:J..;;Jmo::",,(1 ii,jrn
5;~~~!(m1;) X;:"<2.~-:-cuJ t(J::-";.l~
Cb~:::).le ~lJ.;,nt
S'J:de:nBIom
!,]alay _!.\_l:.c:h
S::-:;~H':: 1
u:'2.z:!.l
::~o~-'31::-.Gy.ry
Lavc:nd'5:'I" Br.r.:-m
'1:'.::i:l.id<:id
(':t:lipPJ.f'.es
Gingcr f'r:H;it.:i.c Is.
.sh~1...;.qillg~~r CtJina.-JBDan
MC'xic.~
'll~l) (;,'I'i
Jungle
v(~ r':~.egg I:;~
,::;: l 0';".: a s i a
Kin';I: ~'1.::.me
'h:.r J.1_<ltn:-s>d
',J'5'.
S'llqz:.r l\pple
T:i.i9'fJ&Y
H'IJJ\ Y.:;i-Htl11 Y<~
HOOI) t?;,rJ(~
No~tol~ Islan~ ?irle
,1a.(;~:frui I
C6::-!: Tr:'n :-'lfill't
E'er n 1 eoiJ:: l:.\ambcJO
Bl.ld~Jl,a' g B~lly
.:"ixt1:. {}rC'l-,i::l .!'rc:[!
Ec;{ Br~::-;~)r_ia
T ,tCp. A\T1Rj".
:~diat Mal~y Arch.
1~',~~;':..rf-ll.1 a
Irl.ji.:i1
A'..JE.i:;,nJlia
1'-Ie1r01 J: l;:;.J
to r'1,:.t.lay pe:-..
c:rlil1.::i
CIJina
C.hina
IqJr:n~
I~t' ~:,a:::1
e]~3.:'.J_~
Sj.ilb~Y9i~ PVt~mi~!a~~$'
Br:l',;:Y~L:jr::;,l~ (r:',~,l:U!:'i:!) ::-:c,:,thii::j,-j,
(:r.1,~:-~ :o[J. DiL~_ 2J pl.ll ;,'1: f:-'r r ;'.!llCl v;:, r
j\{;c,el,'~ r
o
;.......TT'.f''[.
':"r un pc '.:
fl ~-, \'r:
I.'r-;~~C~):::.'~ ['1,1""f~!.
J?r]d~-()~-Ril~h~dQS
\.;1. :,pji C's
'fl', : r~';:5.'",:~;-~:,. ~\.I,(("'l'.
C~cr":.'la Ddo':8tJ '._.l.~.;.:!r ;c:'o~" :::':~di.l r
C':::1~F~'L:'8 pi::,~'-..:v.::i2ln1.i.5 ::\~. ~~::'nst::-,_,:'.:~.;'':~ C;;...-:t'_l!'7
2haDaQdD~ea c~tarac~arllm Cat-palm
C!-,:i...r':!8~....:.::1)an..iJu:::' S2l,I.;:C~-3; 5 t~'iGt ':'.';';'? -'/i:!:;; .i.eqc.: tp(), f!..;';.L(i:>o:'.l(;
'':::-.:.:,:',:;:,.:;.1':'' r:lC:'Gc.J::~'l::" III ::'2 ~>~'? nt'.
:::itrl~::' l:;~:K:.m.;;
~~j.tr0faItun~1!~ nl-15
S L":,n)d;~~~d:-:m,
, '" '
P!];l.L ..lppJ.lll~~
::.,: 1., >~. .:.;dl.::~'ll,:1 :;])'[f1 ~':Pl': ci j'.:-;~:; .i.:nLTI ,],~ ',,:,'; r;,:" ':;1 ~":::':;'''':-'.: r
1'::)1:-;"1;':',," .:::-c:i~'i'-:1 ,:;:~i~t::r:';'1 .~~,':JfiO'~
.i'~fr'-:~ ',~I:,~.,::{ :~,',nill;':""
'j':.(':r~. /\rri::a
']'. e:r _ :::,~ 1 'J
;;'1 ~1 . - ('I. I IF:il <~c:"2,
1':,:... ,r,:-,", '.0;::" ,C'. ~ ':i r::l;; ..,:'j~:
Cc~d~a ~eb~s~c~d
CyC,Ci.:: :!:c.:VOJ.ll..Q
D.::'~Lb':::'rgi=. si;:; 5 N'::
~~ac~ena d~re~Gn5i3
[\C':l.'J.:-Jt2. :rep2.r:..5
)y~~i~ ld31~el:'~ena
r::?,j:;:Y'_-,H~n lllll ,,!.L :':C,UTiI
Eryt~~iD3 ':~r~~0~td
Eu~cni~ unlf~or~
2;J,::J"JC'Ibia qT<:o.nclL::,:,J.:";-',.:.:.
\~<':' ':'""..
~'lr,,:{:~ C~:.
r:. I" ,S _ AS)EI
':J.,:td,,; q~, ~~C ,j.(
1;(;lde:"J ."Jce.~)e p,~lm, ,t,l~,)(,:,)
['Uf':,e:f1
:~: , :.:~. J, ~i}.,3
c:2.1cll;r,nd;-1
!..!L,;"i' .
C:dS:.~~i:;.l:
C} ':.~ :t-,-;.d,,= ~'ld):II:ll
h i~;,..,~ -~:[;F,-:.n
,Ja',',;;
G'::':")':'l- '~'~">~
!;::'~J';J ;:~'19Q
::n,~;}.2rl rc:::e~'OO':)Cl - ::'t~,::,Ctj
'11'Z",;:ne,::<,.ii I
,-'i~.~.:,:,;l
,:_:1d.i ~.~
,;:"-r- j-l,:'l"i.r:;'-"
'~,,:'J.d(~!1 [),r:.:;.,:{.~,~c,p
':".::d,jy E',::-~~.!: f'::d.:l.l
?~.,~: h ':.' s
,,-I-
. -~, ,
'ri. Ir;,:-.,J,i ":.':.
'C:'T j.:_,n :-_') ;.:;. ,11 V,:J !" i'"' 7021 t ,:.d
~~u 1" i n3[u~ '::;,t"i ;:-:.-:c.-:/
l-:C.~-"" ]
[o'::~.cb q,;I:: ::~~': ,::
,Scj .:::->tn,:,cn 1;::,:5.
'T'rt'f;' ::-]1 i.I,; V!_;i:~r-:.:.~
:1; (',;;' j j-'::'.j fJ','"i;;
5 0 1::" ;:'" L~':,~ (,:;.'
['Jh:i.~; :c:,p, h-3..:.. .~;c;;::,l,~..l:i j.:~ .l V:;i ~ I z. t.t~J.::: -: .1.:. {:~,:'r.:'2C ',' 1
C,{"",f E: I:~I~-n
53
,t,genda Item t~o. 88
D.~tgh.<)"?,.;) 2007
DR.A~1P"~,,,-Q~ ~rl 07
Ficus. rdnn':;:'T!oij k-j i ;tieL,s Alii
Ficl::s clQs':.:i'c:a 'De,es;::h<;:J:i' Var:..eq51to?d Rl,:.:.,b':?_t Pl.a,~.t
fi c'us sy::::ornor'.JE .t?hb.r.:~'::':'~lr s fJ.g Trl':'c
:~.iC'us- .;,n;--.;g~l Li. West J',[ri'::::Elfl rwbbsr T::ee
Gl !ricidja $~pi~~ Madl'~ de Cac~a, Cocoa-Sh~d~
~O~~Lopus bovi~li ?l
Hclic':Jr..i a
s.c:. l''l.f,,::'ic:;i
In,::1l9 /~'1a laY1
S. !'.[ri::6-::,.;ypt
F.fr~l:'bi
Tr~)p4 r....Jncr.
Afr i C3 /2;ar:zibar
:Jri:lzil
I bicolc.r I ':iolid:iY'
'C.h=i:st:rna~f (}..f
?211:~__ot 'flm.'~r
l stri,::t.c;:'
r;J.~l';1,.ls:a
HF.:J i cord ,a p-si ~:_t")cnJ:t:~Tl
ReJic0nia wvgn~r~a~a
Eche~bergj.6 =Q5~a
Hche~bcr9ia 5t~11atB
K~la:leboe li!r,(siflor~
L&gu~c.Jlar~a Lac~mos~
I,J~t~ ~sgypt~~ca
XaJ,pighia glatll.a
l'~U[:tir<lili ca~6:':.1'.U':'B
l~eodypsis tiecaryi
Pc.il:mer,t.ic.-rcl ceriI:'iier-a
r if rsd]
C,n.l~I:;1e or
':{E!l.l 0\.'; j
Gu.::" cines
}\;tl.er'i ca to Co: u~:.,ja
R.t'1J:;.::.).1
Triflid~d/ BJ:azil
C"2nt.
'\i'':'.~, '.:..LC:ciJ L'2iJ i'
i','hf-;.,(: r"L:;:n~r::'v('
L,DCf;::b-~;pc:nqe G-::'..Jrd
f~.:iI :::...d do;:-; --(:ht;.r:::- y
::;Lr"'lw>~~r[y T,r.co:~
::r.'i.:::Eigle P;.,lm
;":'8.ndJ '8. Tn;,: Q
S. ].J,.frJ_~3
fla. ~'r. lr.dic-o:s
O::d Wurlc!
T~x~s to S. ~ner.
S, 1.kxico
r'JjeIX3..g<=.fI(.:::::t:::
r.l;3.natt~f:"
H',Jt Lic:,ul--:TJTEY
81. i 16:r:J; ~
ra~: ;:".d.f 1 era. Xo la tc,-:aerul s-a ~;a:-~ 5i :):-"l::'J Q.~!C r'
r'€.'ltoprJorl~H1 pte-rocarplliC". Y:.;.Jl;:;.--..: V1L:.!l.t8 Tree
P~~p'2~'Gm.i::j ,~.:,h:-.'.~::i:oli,a.
C:\?L:p.skii~ 2ct.:.lC:3:':':.t
:?~;:Tsk:id 0r~&.rldiflo~3.
PSf~e~ ~~n:ej~~Z~]l~
5~3.L.y-P,ul:'br::'; r- :.'~21r: t
Tr,:,;:,p. J~Jr'.'2:'::-.
Tl"~'Jp. Y...r,:,;e::,
L"'iT':'I:<:il
::'Jt:'n,~xJ Vi.ce
H~!'Os' ,:;.'~(:1::'U:-,}
hvc.:~~c-..GC
C"Hit. !-.f'.','8<.
-':'rli~j ~~:CJ~!:::-I()r<.~!n t-)i[':i,r~nht:i :ti(ill~ r.-Ji~o':::.r.::'n;jrc.~'~l
?:.!;,.~;:.:,,:j(,'~"J.nji:)r.l ":~~oc:.l:ji.::.;nd' -;J;
c., 3ri..z J
:~>yl.L(J.St~lC?-:'.:/S ni-C1)~(:"~
::":~,,:;.l c(lf"~;,.) rO~i E, 1,- .?tr.c-c'r,~;' ')::-:yc;:;: J: Jl. t:m He-=~~ ...1 e::-it I'll.: II '/
':'. Ct:.LI:.,j
I" he>:ccc,
r,:_'-l::::k ;:,3mb8D
?:\,i{,::;:~X 1-:,~:';,-~~:jl~'r~E;i::; Cc:r:~r\' 1::-;J;;':l:J [~':i!_r;' I'6t,~':
,;'~ !31!f~]:i.3 1::,::;:->:::.:1 ~'::J:I'J~ .')",:n
rcrt~~:'1 T.l;;>:':I::'ll~oli l0;ld v.::;,r ~.,;-:t__,~,,;~:.::
".1 .1 -~ ::~. 11 {;.~, 'j.) F;:; 811 d:, i~ re: :""; 7" ,] ;-j (~ \,' ,-, .J. (..: 1: !: i t-, ':: ,.. .~, r:: ,;-':, ::~ ~
::::.-~::<i:Ll CD .l:-~,.::oi::;:~l_,f:1 I'u.;--rto Ricar. ha~ p-alm
'-,,~;~:~:!j:'lrun: c:~ IJ '::J,:],;.; r i.:1iI Suqar'-:~.anB
;~ :;_(:.': .~~}' T:;.l:-:..
~,,,;-!:, i\rrl':::-r.
:::,::;',3:: ~.l
,.:::,.". .11
~EnS~!"::.c~ja tl'j.=e~c~at~
::,h .d~'-", t'::':i :: '~:H:c,;';. (l1_"~1
::-:.':t~r,(:,'_':!J 0'"_"::':::; !',.,-.1 0.1::::." 1.~-;
.:~;~r'.:s-:Lc:";cl~.'.?_: I ::L<?~:',~;
~":_' t~:.:L t; 0:..; J..1.<:1 ' -,.1 r ,:J
.:'....n-:-::irJ.:l.1 ,'J r:"n,:.JJ.('.':;'l
'~~!:~~PDl~&X p~py~il'~r!~~
_',;l'::,~':::'rc.::;,,:=; '::aC,:;'C'
=llu~Derqld ~r3=lJirl~:b
-,,; :~'~;~~':::'.;'n oj,:;;' I-:,j' :",-, ~ .~.~.;-;,:~
Vsi:~hj~ ~:~rrillij
\'J.,,:2,,:I; j-~'Jtor.:i ~~ :-<;:lbH_"Ij.,'J
W0~)'~~~~ l~j.fuy~~t~
r 'L;. C r' :~ ~:' p.:;. c: C'
S. E. ,",:.: ,&
\ '1 ~ ':.1 r~: i '
J:..fr: .":,::-!
;j~;o:.!.[j-" :i,,::c:tl;C'G
-T;'J';'."E:.!"l
l~rrll;,-nl:.r :~.";i'.m:;) 'I~r:---J
Hr.; ! 1:.:', .-j.~ d
'.J t., :_~:~ r.
n:') c-'
cli t.] flcr:'j.\
i'~::.: ::""; ~,7:. l.!T.'~';:-:c
':.:i:ij_:I-~',l" !~)n!~/I
;:":,l'::~11~.::' :;,-"I:...J.nl ):1':::;
r '-', );.:~:::,' !- :;.1 .:' ;.;':: J", II ~:' ~ .
.~,j. >':. ['''IT>:::-: Ll~, ~J:
':'!."'~..:'cl:J.t--::- 'l'=._:-t', '..;cl:.::'"
Cr.ir'.:j
(.cn t. /';';";";:-::.
J;:d' :1
= ~ -:1, ['1,;,! t j ",rI:O
.::.; }: :~" - \) ~i. r'~ >:" ,
~i';k~~~t~t;G~ ~r~~~
C!u~i;:.;:~.,::'::; ?E1:~~
l?;~i'::'l r::p3. fi.':o:'-,
N, ,,,'. i'(:~'xl,.n
Kast:':: T"rj'_{~;1 F.i"j,.Trl
~.::.;:I~_.-:.i_ ld.irn
/-",v..~:': ~'d~i ,'1
54
Agenda Item ~Jo, 8B
Dl;tJihBr ZJ, 2007
DRAFlF€~\!B of 107
APPENDIX 3. DR. READ'S LIST OF PLANTS
Lisl of)'lan1s iTom Qt."S! End for Caribbean Gardens:
llromeUads:
Acchmca bJunchctiam.\ Irlt~, 2.3' rul!, inl1ol', 4.5'; be:>t cd"r;n hrightest light '.'l.]Bm"il
M,ehmca'l.il H"TV' hybrid l2-n"l~ bright light, hroken shade]
l\echm~a Jichlmnydea [pit,. 2'lldl, inIlQ1'. T epiphyte]
Trinidad
Aechmea discmdia rplts. 2', inflm. 3-4'l3UI
Emsj]
Aeehmea clllmcrkhii [1'118, 2'. itttlol', 3.4'tall]
ilH'ISil
Acchmca "p<cudoemmcrichii [pits. 1.11/2' taU, fi,l! ,un to ligh! shadeJlnC'w sl'~cks]
Aochmea ruocns lrK~ 2.3' tan. full sun to light ,bade]
Acell/nea smilhiorum lplts. ell, 2.}' 1,,11, inDor. lmrdy exreeding Ivs" laVCflrkl'J
""'ehmc~ strobilina [pITs. ca. 2't311. "piphyl"]
C.A.lll~r,
r\ndrnkpis skinncri [pU" 3.5'1;111. hri,,"t lighl tn fiJll ',un]
MC}:ko
nmbcrgi~ ryrnm~d:)Jjs 'K)r010~ ditlo ahoVI::.
nim")~,tgifi pyrumidwis tpits. ca. I ~ :al1. c,lt1st(~ring) pb-in green lvs. bright light light .
shod"] Bra,; I
I-]nh:,:nht."l'giJ i!lJsca. [plLs to 3- tall. i:Jf1nr. ~o 4'. bright Light to fu.ll slwl
Bre,s;l
r-lcoregdia cr.1mpaelrJ r~;.c'\o'.~~nd :..:h)nc:', ;\"'- 2' tll11. r:o L('ct11, flll! ~un "n ~;,had.;,:. ,:;.1.] Brasil
>:eoregelia crucnhl l;;~'v-..::r~! t; i:Jnr.:.B J rr~~ 1 ~., l~J]I. tc~:h. full 5"cm. br~ghr light. s..l.l B.Ta.;..,jl
l'ht;.:.limia
Vi, {ndies
Pnrtl<J kptH.iltlla IPhf:, :]-3. Hi'il~ 111fbr. In -+\ bright light (n hrnk~'n shade,J
Hm~il
C~u.~sndin a,vcllsis [pIts. 'CJll:TJping or r:piphYli(.::, I T' high j)lus.]
Hra!,;jl
QUL~a1tJja "':;,:-Jizahethii" l.:..:hmlP or \.~jljrhyLt:l
f)ue,sm~1irt .'pSt'L1J'l"~(eSludD~. rr..:lurnp (11' c:piphylc:l
Quc-sntlia quc-sDdl("lidcs [1.]rg:t.~ dllmp ur inmangr<"~.'('$. 2: p]u:; highJ Brasil
Streptoc~lyx nmhiilora i.phs.. 3<)~ luH. fhll $Ul't. nt broken :o:bade~ on rocks. :S.t. j Rn.1.:;n
55
,A,genda Item Na. 88
Or.tohnr 7.,3, 2007
DRAF1=>El~-Q,i of 107
Gtngcr~:
Alpinia Ipl"in k,,[, terminal cr"c! InOor,]
ling1l1.:rncCl1c
1\lpinia varkg1ltcd 1M! zemmbel]
Co:.;tus fvariegated}
Iledyehium gardnc'wnum KAHIL! (,fNGER India
lingiber z.crl,lmbct 'd.ar"yi' l \'arir;:~~a!e~, dccidlJ\lu~~ red L.'OlK'-J
ncii(::unia~:
(Sc~ pi,s, lL> dig)
Olher:
A('~(JIYrh~
[green and )e!, fnrm]
,A.,gallIis robusru rig. trec( QITENSLA1{D KAI;RII'INE, Auslr~lia
/\ raucadlJ C"JC
Aloe harb;,dcn:si~ (.A. vcr~) [hrge c:lumpl 1\1editcliinean R~gion
Lilja';;(::lt.~
fluddlcia rnadagascm iensis DUTTERFL Y BUSI] r.jadug",c;lr
IAJbanlacea(:'!
('iJlopfryHUnl Ino.rh;i~lurn LAUREl \VOOD South AtllCrica
~,L
'_,ul1ifcru('
c:,t"j" li:;lub (;lJl.DFN SHOWER
C:horI~,ia spceltJsR SHO\\"{ n ,(JSS TRFF
B(1!'l,b~tCilc.L:",~;;"
C'~C'I"l~dC'ndrl1m p3r~iC'-:ilar:J,.n F'A{l() [) ~\ r;LU\~.'~;:R S.li, /\~ia
\/ ::"Jh::"n~.c(.'J.(,
{'kwdctlJtum LipL~i()~ii~;~irniJr:1 .r:1. V j\ GLCH~ Y BO\~/i'" R .I:n,.':1.
~'ltr(1ijcwirum [r:::d leaf]
C'ienl{knJ.tlLnlllKllCLl~n Tl.f0I"-: fLC1\\,'ER iviab.y /)r~:lJjp~-:!;Jgo
Ck"f/1(1r;,;'nonlm 1l1jn:lh~\s~~.:JI~ \1.<ib)' ...\;,(::~i~l(;'!;tg~~
(-'h:n:ldenJrurrr :;pj~~ndctl.'"i 'j'Hlplca[ /"'.i'I'jL~J
[),c>,!-,','r"" VEl, V 1''1'....., F'.F'J.F
,~:):;:1(tlW:',:,L(;:
Illbl;,(,,'\.l~ c:o..::e.i:)CLI C/\.I~DfNi'\[ fIfBlSCUS Ih\"Hll red :mJ white- -llol,\'c':'i?d j;Trm:.;!
,. . ,
: ,nm;)HlcL~rpw-; ~",( I \ac.\;~i~US
56
Agenda Item No. 8B
D."tob~r ]3, 2007
DRt\li',pibkt,,:lii' of 107
P~lldanus tLlilis SCREW PINE Madagascar
Pouk,i.'l CAN'lSTEL, bGO F]Wn'
Rhoco spathacea [val'icgated] OYSTER PlA."lT 'frop, ,\ml'l'.
Come linll.ceac
Sltmyd" ro'1:3 "Mon Rcve R()~" fnN in cultivation any",dwrc cI,,, <l.' lar '" r know') .-.
Haill l'bcourtiace""
Samanea SD..'11lm MONKEY l'OD 'Frop, Amer.
LcgulllinoAAC
l'allmrindus indiclls TAMARIND India
l.eguminosae
Red tubeflcrwer
Plants 10 dig:
Acacia pinetorum [native pIt]
Florida
IxgumrnOSfJC
AcaIy'pha hispida CHENILLE PLi\NT MaJll)'a ArchipeJngo
fjupl!orbial:Cac
Adcnfl"llk'ra p,wonina FALSE SAJ\DAI. V,.'OOD India
l_cg.timinosee
H....Jkoniar:-::tWKXlfurH L''l,'. 'Aj1{lrnmtda~ Pi\RROT"S rLO\"VER Tmpjc.al/\meric-E:
Gllyaru~~, rlt:Jk.onlucl,;"a<~
HCl1COl'j~;l [,)ris.rmha Vf1f. J\1e-xico to S. l\n-~er.
Hclieoni::l bIisputha Val'. 'Red-"\{el]ow rviexico to S. /\mer.
110::.: [iCi..)Ilja rOSlr;.'LL~1 Arnill..(rnbrJ Pl"t'H. ECW1,Jl)f
li;:.::liconia nl~?1nll.ij '.juhusta" ~:'U[tl LG's
\h:slichod"n,h"l ro(:ti<li3sirn::rn MASTIC [n:llive pl!.l Fl()['Jda
SajJ')t'i..~.;::['a~
1'"d];,,< "4"llti~" \i!i\'ITR C]-[['SlNlIT Mexie,).. South Amcric.'l
B<mlOnC;tCt:a(:
1'''rlTlcl1ti,'ra c'.'wiicm (.:..\:--'111.1' FRtirl TREE
H[~:.noui,lC".;;,':1\.':
Cnldoscn=us (;hayanmn.:~:J elL.!!.", \' A ;,\l:;xrcLl
F ~trhorbi~~(.:t~;:.~
('''lUllSwl"s sp SPI!\ACH TRH'
57
Agenda Item No. 8B
October 23 2007
DRAJ'l1'g4.-2;J}jt 107
APPENDIX 4. NOTES FROM INTERVIEW AND TOUR OF THE NAPLES ZOO
PARCEL WITH DR. JAN ABERNATHIE, NOVEMBER 7, 2006.
Dr, Abemathie started 'working for tbe C<lribbean Gardens in 1956.
Off lhc cuff he speculates that ~ehr1ing planted several fig trees, al least 2 ~crew piIl~S (oIle
of which is seen in a picture of Nehrling that Dr. A has seen before), a row of counciltrces
(ficus altisima), and some pandaJlus (not IItiles) white rim.
On the southern boundary of the Naplcs Zt10 parc.c1 there are a handful of structure that may
be original to or delinit~ly predate the op~niIlg of Junglc Larry's, Among these are the
"snake house," a wooden cottage/home, and a pole harn. Dr. A belicves that the barn was
huilt by Fleishmann. The house was moved from a spot in front of where thc entrance to the
zoo is today and is now the snake house,
The .'VlortOll Bay fig lree in the middle of the parking lot tel the north of the pond wc're
probably planted by Ncluling. Two other fig trees v"ere planted by Kehrling, one at the
Edison Home in 1"1. ]vlycrs (whicJl has bccn removed).
Dr. A thinks lhat Nehrling's propcrty line probably exrcnds bcyond the zoo's norihern
boundary fence. This ,ection of the zoo parcd is vegetated in pine fhtwoods and exotics,
Dr, A says that li3 of the slU'l'iving Nehrling trees wcre prob3bJy losr during hUIT'bmes,
Dr, A remcmbers a BislT1ar~k Palm planted along the extrcmc northwest bordcr of the zoo
properly, 11(1\\' lost
StHl1e CIll111110n bamboo l.!Jaml",s" ",ligan,,) possibly planted by Nduling is Jocaled near tile
original Calibhean Gardens entranc.e.
The Poinciana Il'ec planted lKxtto pl3vgmul1d \Vas !lot planted by:"klu'jjng,
Dr. /\ pointed OUl a smaJJ area that "docs not Ivant to grow nny1bing" ncar the lion (',)
enc]osure/pb..Yb~\lUIhl. He susrt.':d~ SOJll~ s.ort ~lfchenljcaI pcslicide ~pill.
Dr. A also says that tJle ~"1O' S northern boundary road j(,[I<".l's thc "old path."
Dr, A SD)'S that the parcel was probably vegclared in lil'e oak and slash pll1C during
l\ehrling's timc,
Dr. A ulso says th,n Nehrling w:!s the one to introduce rhc "air potato."
The row ]::<>yal Palms were "mostly plnnted" by J,l'leischmann,
58
Agenda Item I~o. 88
DR.~W);~iJi~~i
Dr. A says that ther~ was a Phoenix reelinata rcmoved by the AJncan wild dog cnclosme
hecause of the "very dangerous" large spines that gro\,v on the stems thaI was probably
plalltcd by Nchrling.
The Ycllow bamboo was supposedly introduce by Nehrling but Dr. A has not been able to
fmdit.
Dr. A would not characterize that parcel as a formal garden, but rather a laboratory. He says
that the only thing that has a "definitc purpose" to it appears to be the Royal PalmlFig tree
entrance.
Picture Lo!!
P-I Pandanus white rim, locatcd oppositc boat dock.
p.;! Sausage tree, KIgelia plnnata - I;;-;;ated by the bathroom building at the northeaSt"
corner of the lake. Dr. A believes that Ule sausage tree might represent the
eastern end ofNehrlinl!' s plan Lings.
, P-3 i Ficu,~ vogelii, located west of the bathroom building.
,
: P-4
P-5
P-6
P.7
P-8
P-9
polO
P-ll
I Vie\v of area cast of the Duiker enclosure where Dr. A believes the pilings for
Nehrling's ~hade hlluse lln~c were,
View west at several exlanltrec, in the northw~st part of tbe parcel. next t<) lion
enclosure.
Two royal pahm~lE,;j~'e'd by ng tree making up the possible entrance 10
Nehrling's house. Dr, A says that there is ,omclhing strangc about the two
palms; he believes that they are di ITerent from lypical Royal Palms bm doesn't:
.~.'?\\'..tl2~E)ecies,
Poisonous vine planted by 1 Flicshmmm along zoo's nonhero lx'rder road.
View at area in the northwest part of the parcel where asmalfhouse was located
in pinewoods to the north of the zoo's boundary fence.
Views of original entrance/gift shop llsed bd~'reti';e-;;onstrucli~;~--;Xihe presenl-
entrance to the zoo, Probably built in1956 aDd ]1[>W used us storage,
P-12 .View of small outhouse localed next 10 OliginaJ enlran'-'~/gin shop_ also used for
storage
_ ,..~....o"._.._._.,...~~".~_
P-l3 Views two trees (Ficus microphyllus) that )lchrling probably planted. The
P-14 state champion Padauk tree is a plemcarplls Indicus, later fouud to have been
polS mislabclcd. (\Vhere the rcd ear is in the photo. a concrete block house O!lee
stood,)
P-16 Large fIg (lVlorlon Bay / Ficw. macroph,;'lla) rnjthe -;;Jgc..;',i'thepark:1tlg lot north
:!~,lh".!J~~ld:P.r:J',.s."X"":'.",!2!,S"t..;:"rt~~i 111 La..:~_ehrl ~n g I ree. .,
59
Agenda Item !\Jo. 88
n 9~JMher 2.3~007
DlV\..Pb~,:;',4Jaf 107
---
P-17 Large ficus located east of the trces on the edge of the parking lot and facing tile
1---- l~~.lpro() enclosure.
P-HI African fig trec (deciduous). Dr. A believes that lhis tree ll1ay represent the
sOllthcrn boundary ofNdu'ling's planlings.
P-19 Clump of bamboo possibly planted by Nehrling next to tiger enclosure
-'^,_.._-_....- .--.-
P-20 Old Chinese fan palm (llvislonia chiem!y), Dr. A "c-an'! prove" that it v~;a'i
plantcd by Nchrling but he suspects that it might have been,
I P-2l Unid.mlfiiablc trcc similar to a Silk Cottonwood. possi b 1 Y a ~'Cchia" located
, i opposite the panther enclosurc. Probably a NcllJ'ling tree. Dr. A says.
I
P-22 Another view of the flanking palms and figs that Dr, A notes would have been
smallcr at the time,
~._-- --
P-23 Small red cedar, very possibly a NdlJ'ling tree, near Afiican wild dog enclosurc,
Dr. A reported that a larger one had been taken out.
_h_.__ Dr. A. says ther~ is an old photo of No:hrling wi th
P-Z4 Pandanus west of swamp area.
this tree. located behind him,
m....__.... ,.-
P-25 Old C:u:ibbean Gardens sib'll,
-,_.. ~- --.
P-26 AnDlher elllmp "l"Traveler's Palm. possibly planted hy l'\ehrling near the ccn'al
cage.
--- ~~---
P-27 Teak tr~e 1101 plankd by Nchrling,
----'.-- "Monh'y Puzzk" tree Ural/carla) no1 pbllted hy J'\'ehrlil1g ------
P-28
_._..._~.."~_. .._---.. .-
P.29 Extremely Did S:lI-\' palmetto, (Smithsonian ~;;ljmatcs it TO be 700 - 1 ::00 yes C.lLI.)
1:30- i--.-~
Kil1g Palm, l'rubab!y ],(dlrling, located near row of noyal Palms. II has a
different leaf slmcl11re from thc ROYal P~jl1lS and is probably from S_ Alllcrica,
! P-31 Small palms (Thrinw:) - t\VO () f several near plllygrouud ~i.r(:a~ SOlllC of which
I were felled during hurricanes.
- -"--
P-32 i Another two J7l1'il1a:x palms. opposite the tiger ~nd""ure.
; P-33
,
View 01' the PDle Barn on the southern hlnmdHry (If ZOD parc~1.
I P.34
View of housc that was relocated by 1956 to present location. Dr, A r~ports (hat
Cule Piper used to live Iherc_
60
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October 23, 2007
Page 94 of 107
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.'\Jenda Item No. 8B
~ October 23, 2007
Page 97 of 107
COLLIER COUNTY
APPLICATION FOR HISTORIC DESIGNA nON
(This is a petition to designate a Site, District, Structure, Building, or Property as historically
significant Pursuant to Section 2,03,07,E of the Collier County Land Development Code)
PETITION NO.
DATE PETlTION RECEIVED:
PRINCIPAL PLANNER:
(ABOVE TO BE FILLED IN BY STAFF)
--------------------------------------_.__.-..~---._.---.------- ------- . -------- -.-
----------------------------------------. ------------------------
OWNER'S NAME: Collier County Board of County Commissioners
OWNER'S ADDRESS: 3301 East Tamiami Trail, Naples, FL 34112
CONTACT: Marla Ramsey, Public Services Administrator
TELEPHONE: 239-774-8468
PETITIONERS NAME: (if different from owner) same as above
PETITIONERS' ADDRESS: Same as above
TELEPHONE: same as above
LEGAL DESCRlPTION OF SUBJECT PROPERTY: aUached
SECTION 27 TWP, 49 RANGE 25
CURRENT ZONING OF SUBJECT PROPERTY: C-3 lInd A
EXISTING LAND USE OF SUBJECT PROPERTY: Please provide a brief description of the
existing and historical land use and structures on the subject sire and reference the attached
designation criteria where applicable, (Attach additional page if necessary)
Paraphrasing from "A Cultural Landscape Assessment of lhe Nehrling Portion of the
Naples Zoo Property, Collier County, Florida," by Can, ct. a!.:
Presently the 13.35-aere Nehrling parcel is part of a zoological pa,'k in a well-maintained
botanical seUing. The Nehrling parccl includes four buildings associated with Julins
Fleischmann's Caribbean Gardens, eight animal enclosures, and asphalt path s~'stem, two
playgl'Onnd areas, oue restroom facility, two dug ponds, two or more spoil islands in one of
the ]londs, one or more gravel parking areas~ etc.
The site existed in a natural, undisturbed stale until it was IlUrehased by pioneer
hortieulturalist Henry Nehrling in 1921. NehrUng cleared parts of the land and established
a nursery and garden. The residence and slat house he budt do not exist on site todny.
Agenda Item No, 8B
October 23< 2007
Page 98 of 107
The area lay dormant from Nehrling's death iu 1929 until it and surrouuding land was
plII'chased by Julius Fleischmann in 1951. Fleischmann cxpandcd npon Nchrling's plan to
crcate a botanical attraction and opened Caribbean Gardens in 1954. Caribbeau Gardens
continued to operate as a botanical Garden until in 1968 death of ,Julius Fleischmann.
In 1969 the Fleischmann estate leased the property to Lawrence and Nancy .Iane Tetzlaff,
who from 1969 to 2005 opcratcd a zoological attraction. In 2005 a County referendum
approved the purchase of the Nehrling parcel and over 100 acres of surrounding propeliy
from the Flcisehmann estate, and the County leased 45 acres to the newly formed nonprofit
organization, Naples Zoo.
ADJACENT ZONING AND LAND USE: (Provide brief descriptions of the surrounding land
use and zoning designations,)
Surrounding land uses include undeveloped natural land zoned Agricultural (A) to the east,
commercial uses zoned Commercial (C-l, C-2, C-3 and C-4) to the north and west. The commercial
IIses include a bank, convenience store, a car wash and a shopping mall and strip shopping. A
portion of tand to the north zoned RMF-6 has recently been purchased by a developer and plans for
it include mixed use development. To the south of the Zoo is the Conservancy, zoned Conservation
(C) followed by developed Residential Mutti-Family (RMF-6) uses.
DESIGNATION CRITERIA:
From "A Cultural Landscalle Assessment of the Nehrling Portion of the Naples Zoo
Property, Collier County, Florida," by Carr, ct, al.:
The Nehrling parcel is not eligible for listing in thee Nntional Register 0 Historic Places as a
culturnllandscape, although the Fleischmann gatehouse/gift shop structure locatcd within it
is individually eligible. However, the Nehrling parcel docs qualify for desiguation as an
historically and archacologically significant site in accordance with thc Collier County Land
development Code, Section 2.03.07 E, based on the following characteristics/criteria in the
Code:
L Association with distinctive elements of the cullnral, social, ethnic, political, economic,
scientific, J'eligious, prehistoric and architectural history that have contributed to the
pattern of history in the community, Collier County, thc state 01' the nation.
The parcel is the location of pioneering hOliiculturalist and landscape architect, Henry
Nchrling's tropical nursery and plant introdnctory station which operated fmm 1921 to
1929. The pal'cel represents a distinctive scientific contribution to Collier County and the
Statc of Florida.
2. Association with the lives of persons significant in history.
Henry Nehrling was nn important pcrson who contributed to our knowledge of botany, and
horticulture on a local, State, and national level.
3. Embodiment of the distinctive characteristics of a type, pcriod, method 01' matcrials of
constrnction, 01' thnt possess high artistic values, quality of design and craftsmanship, of
that represent an individual architect or builder's prominence or contribution to thc
de\'elopment of Collier County, Florida.
2
Agenda Item No. 8B
October 23, 2007
Page 99 of 107
The subject parcel encompasses remnants of Nehrling's original gardens and Fleischmann's
Cal'ibbean Gardens. The gatehouse/gift shop building for the Caribbean Gardens was huilt
iu 1954, and represents an important example of a Collier County tourist attraction with
distinctive architectural design.
6. Have yielded or arc likely to yield information on local history or prehistory.
The Nehrling parcel encompasses archaeological evidence of an important historic site, the
Nehrling slat house (8CR975), and possible the Nehrling homestead (8CR974).
The Designation of Historical/Archaeological Sites, Structures, Districts, Buildings and
Properties as "Historically Significant" is authorized by Section 2,03,07,E of the Collier County
Land Development Code (LDC), The recommendation of the Historical and Archaeological
Preservation Board and the decision of the Boal'd of County Commissioners will be based on the
bclow listed cl'itcria, Providcd a detailed I'esponse, including any documentation 01' other
I'esources, to each of the criteria, which is applicable to this petition, For consideration by the
Board of Connly Commissioners, the petition need only meet one of the required criteria,
However, a detailed response should be pl'Ovided to any ofthe criteria, which appcar relevant.
I, Association with distinctive clements of the cultural, social, ethnic, political, economic,
scientific, religious, pl'ehistoric and al'chitectural history that have contributcd to the
pattern of history in thc community, Collicr County, the statc or the nation; or
2, Association with thc livcs of pcrsons significant in history; or
3, Embodimcnt of the distinctive characteristics of a type, period, method 01' materials of
construction, or that possess high artistic valucs, quality of design and craftsmanship, of
that represent an individual architect 01' builder's prominence or contl'ihution to thc
development of Collier County, Florida; 01'
4. Location of historic or pl'chistorjc activities sw.:h as habitation, religious, ceremonial,
burial, fortification, etc. during a Pllliicular period to timc, and may maintain a sumcicnt
dcgrce of environmental integrity to reflect some aspect of the relationship of the site's
original occupants to the environment; or
5, An historic 01' prchistoric sitc which has becn scvcrely disturbed but which may still
allow useful and repro,entative data to be recovered; or
6, Have yielded or are likely to yield information on local history 01' prehistory; or
7, Derive their primary significance from architectural or a1iistic distinction of historical
imp0l1ance; 01'
8, Is the birthplace or-grave of an historical figure or i, a cemetery which derives its
primary significance from graves of persons of transcendent importance, il'om age,
distinctive design features, or from association with historic events; or
9, A building or structure removed from its location which is primm'ily .significant for
architectural value, or is thc surviving structurc most impoltantly a,soelated with an
historic period, pen.;un or event; 01'
3
.f
Agenda Item No, 8B
October 23, 2007
Page 100 of 107
10.
A pl'Opelty primarily commemorative in intent if design, age, tradition or symbolic value
has invested it with its own historical significance; or
11.
Are listed in the National Register 01' Histol'ic Places.
OWNER'S SIGNATURE
DATE
PETITIONER'S SIGNATURE
(If different from owner)
DATE
4
Agenda Item No. 8B
October 23. 2007
Page 101 of 107
RIlSOLlJTION NO. 117
A RESOLUTION OF TIm BOARD OF COUNTY COMMISSIONIlRS OF
COLLIER COUNTY, FLORIDA, DESIGNATING A 13.35 ACRE
PORTION OF THE PROPERTY WITHIN THE NAPLES ZOO,
COMMONLY REFERRED TO AS TIlE "NEHRLING PARCIlL", MORE
PARTICULARLY DESCRIllED HEREIN, AS A H1STOIUCALLY
SIGNIFICANT SITE PURSUANT TO ORDINANCE NO. 1991-70, THIl
"IIISTORICIARCIIAIlOLOGICAL PRESERVATION ORDINANCE."
WHEREAS, on August 7. 199t, the Board of County Commissioners (Board), adopted
OrdinD.llce 1991-70, the "lIistorlc/Archaeologica! Preservation Ordinance," which sets fmill the
criteria and process by which Collier County's historic and archaeological siles, districts,
structures, buildings, and propcI1ies may be preserved through tbe designation of "historically
significant;" flnd
WHEREAS, Marla Ramsey, Public Service Administrator, 011 behnjf of the owner of the
subject parcel, Collier County. filed an Applic8(ioll requesting that the Board designate the
property. cOIIununly known as the "Nchl'ling pan:cl", located within the Naples Zoo, as
historically signific<lIlt; and
WHEREAS, the Collier Cuunty Hi~tUJi(; & An..:beologica! Preservation Board has
reviewed and considered the Nchrling Parcel ul a public meeting held for that purpose and,
finding that the design<ltion criteria contained in Sectioll Eight of Ordinance No, 1991-70, as
amended, huve beellmet, recommended that the. Board officially designate the Nchrling Parcel
as u historic~i1ly significnllt site, subject to the conditions set forth in Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OJ' COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. in recognition of its signific[lllCe ill the historical heritage of Collier County and
South Florida, the properly commonl)' known as lh<; Nehrling Parcel. located within the Naples
Zoo, and morc particularly dc,c"cribcu a3:
Lot 5 of Naples Improvement Company's Little Fan11S, in Section
27, Township 495, Range 25E, located Collier County,
is hereby designated as a histor-icEdl)' 5iguificant site pursuant to Ordinance No. 1991-70, as
amended, fur the reasons set 1'01th in the Applicntion. subject to the conditions set fOlth in
Exhibit "A",
2, The Nehrling Parcel shall hereafter he suhject to the regulations of the Collier
County llistoriclArclweologic.a1 Preservation Ordinance as they pCrLain to bistorically desigruHcd
property, including all applicable incentives and rCs,lllctioIlS,
Page 1 01'2
Agenda Item No. 8B
October 23, 2007
Page 102 of 107
BE IT FURTHER RESOLVED that this Resolution shan be recorded in the Public
Records of Collier County, FIOlida.
TI1IS RESOLUTION ADOPTED after motion, second, and majOlily vote favoring same,
tbis _ day of __n_' 2007,
ATTEST:
DViIGHT E, BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
JAMES COLETTA, Chairman
Jof[r
Man
Page 20[2
Agenda Item No. 88
October 23. 2007
Page 103 of 107
RECOMMENDA nON:
Staff recommends that the BCC approve petition HD-2007-AR-1J828 designating the
subject 13.35", acre site as historically significant subject to the recommcndations made
by the Historical and Archaeological Preservation Board which are as follows:
I, Existing historic specimen plants be fully inventoried and mapped by GIS
coordinates. These plants should be maintained and interpreted at the zoo, This is
already the case, in part. But consideration should be given to creating a more
detailed botanical trail incorporating the existing trail system, wherein the
Nehrling features are fully interpreted, by using distinctive Nehrling signage and
a walking trail brochure. The brochure should include a map indicating the
location of historic Nehrling features, such as the house and slathouse sites. An
attempt should be made to credit the individual who introduced each specimen on
the rcviscd plant signage,
2, Any proposed clearing and redevelopment of the Zoo in the vicinity of the
Nehrling House Site (8CR974), and Slathouse (8CR975), should be subject to
monitoring by an archaeologist and, in the case of the slathouse, additional
archaeological testing should be conducted,
3. The Caribbean Gardens Gatehouse and Gift Shop (8CR972) is a significant
historic structure and should be prcserved. It is recommended that its buildings be
restored and it used in its existing location as a Nchrling Museum - a focal point
for the interpretation of the Nehrling and Fleischmmm lcgacics and thc history of
Florida landscaping.
4, If prescrvation of this historic building complex in its original location is not
feasible thcn it should be relocated and restored. In this last resOlt, the
structure(s) should be moved to a location as elose as possiblc to the original site
while maintaining their original spatial relations as much ~s possible, One option
would be to move the structure(s) to a parcel on thc nOlth side of the Naples Zoo.
Considcration should be givcn to pmtnering with local ]Jot-for-profit botanical or
plant societies to implcment and stafTthe Nehrling muselm and botanical ccntcr.
5, Finally, it is recommcndcd that an additional cultural resource study be
conductcd if during the reclevelopment of the Naples Zoo Prope11y more artifacts
or structures are fonnd on site of Naples Zoo propelty,"
Exhibi t A
HD-2007-AR-11828 Naples Zoo
Agenda item No. 8B
October 23, 2007
Page 104 of 107
From: mehrling@comcast.net
Sent: Tuesday, March 20, 2007 7:35 PM
To: bellowsJ; townsendamanda; ZoneMelissa
Cc: archlgc1@bellsouth.net
Subject: Board Meeting
Dear Mr. Bellows,
I would be very grateful if you could share this email with your board members tomorrow,
Dear Collier County Historic Preservation Board Members & Citizens-
I would like to express my sincere appreciation to you all for your time and interest in my great
grandfathers old gardens he called H. Nehrling's Tropical Gardens and Arboretum, [received the
report prepared by Mr. Carr and associates and I applaud your board for spending the time and
funding to gather the facts about the old gardens,
My great-grandfathers two gardens and his story to bring into the United States new and then rare
species of plants, trees, shrubs and vines had been more or less completely forgotten until
recently.
Today there is renewed interest in his life, work and writings which tell a wonderful story of his
adventure in his two Florida gardens. His other Florida gardcn known as Palm Cottage Gardens
is now listed with National Register of Histroric Places as a state signilicant landmark. Only 5,9
acres remain of his once 40 acre garden in Gotha,
A non-prolit society was formed back in 1999 and today we are known as the Henry Nehrling
Society and we have over 200 members across the state. The society was formed to protect and
preserve the garden in Gotha and to that cnd we have received support from gardening clubs,
plant societies from across the nation and from state officials including Mel Matiinez. Senator
Maliinez visited the Gotha gardens in 2001 and staIied the eff()]i to preserve them before leaving
f()r Washington.
I would like to add my suppoIi lor the historic designation ofthe Nehrling gardens in Naples
which is the core of the history there, the zoo does not exist ifnot for the original gardens that
attracted Mr. Fleischmann attention so many years ago. Local Naples resident David Driapsa has
spent over a decade researching Nehrling gardens in Naples and I know he can bring Henry
Nehrlings story and work into full view for your board.
Thank you all again, I know with some careful planning the gardens & zoo can co-exist for future
generations to enjoy and leam from.
Sincerely,
Richard Nehrling
Agenda Item No. 8B
October 23, 2007
Page 105 of 107
Ponte Vedra Beach, FI
(904)710-2542
rnehrling@comcast.nct
Agenda Item No. 8B
October 23,2007
Page 106 of 107
The Caribbean Gardens Gatehouse/Gift Shop (8CR972)
1
Agenda item No. 8B
October 23. 2007
Page 107 of1 07
2
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOA RO OF COUNTY COMMISSIONERS
8C
1 ae;CO 1 Vi 1
Agenda Item No. 8e
October 23, 2007
Page 1 of 1
This item to be continued to the November 13, 2007 BeC meeting due to meeting the
advertising de,ldline Recornmendalion that the Board of County Commissioners adopt an
Ordiance repealing Ordin<1I1Ce No 2004-58 relating to Establishing A Property Maintenance
Code For The Unincorporaled Area Of Collier County, Florida; Providing A Title; Providing
For Purpose And Scope: Pr'oviding For General Provisions; Providing Definitions; Providing
For Rules Of Cnnstrl.lclion; ProViding For Compliance With Housing Standards; Providing For
Rental Registration Requirernenls And Procedures; Designating The Housing Official Powers
And Duties; Providing For Inspection Of Structures And Premises; Providing For Notice Of
Violation ProcedLlres; f'}raviding A Method For Designating Hazardous Buildings: Providing
For Standards r'or Tlw Repair Or Demolition Of Hazardous Buildings By The County;
Providing For 1he AssessPlent Of Costs Of Repair Or Demolition To Be Assessed To The
Owner When Abatement Executed By The County; Providing For The Vacation Of
Hazardous Buildings: Providing The Responsibility For Property Maintenance; Providing The
Responsibilitie~', Of Owners Of Nonresidential Structures, Vacant Buildings. Vacant
Structures. And Vacant Or Unimproved LoIs: Requiring A Certificate For A Boarded Building;
Providing For Nuisances; Providing Standards For Securing Building; Providing For
Exceptions To Boarding Rf:quirenlents: Providing For Costs Incurred By The County And
Assessment Of A Lien: Providing For A Notice Of Hearing For Revocation Of Boarding
Renewal Certificate; Providing For Penalties; Providing For Libera! Construction: Providing
For Inclusion In The Code Of Laws And Ordinances; Providing For Conflict And Severability:
And Effective Date
10f23f2007 9:0U:OO AM
l)rCllared By
Joseph K. Schmitt
Community Development &
Environmental Snrvices
Community Development &
Environmental Services A(lminstriltor
Community Development &
Environmental Sefvices Admin.
Date
10112/200711:41:34 AM
Approved By
Judy Puig
Communit.y Development &
Environmelltal Sefvic\~s
Operations Analyst.
Community Development. &
Environmental Servk% AlimitL
Date
10/12/2007 12:36 PM
A'Jll)"oved By
Marlene St\~wart
Community Development &
Environme'ltal Services
EXQcutivc Secretary
Community De\/eloptllent &.
Environmental Services Admin.
Date
10/12/200712:39 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Developnwnt &
EnvironmelltalServices Adminstratof
Community Development &
Environmental Services Admin.
Date
10/12J2007 12:48 PM
Apll!"Oved By
James V. Mudd
.~
Board of County
Commissioners
10116/20077:25 PM
County Manager
County Manager's Office
Date
Agenda Item No. 80
October 23. 2007
Page 1 of 5
Executive Summary
Approve an Ordinance amending the provisions of the Collier County Code of Laws and
Ordinances, Chapter 98, Parks and Recreation, also known as Ordinance No. 76-48, as
amended, pertaining to park use; providing for additional definitions in Article HI, Section
98-57; and adding an exception to Section 98-58, Prohibited Acts. (Fiscal Impact: None)
OBJECTIVE: That the Board approve Ordinance amending the provisions in Collier County
Code of Laws and Ordinance, Chaptcr 98, also known as Ordinance No. 76-48 pertaining to park
usc; providing for additional definitions in Article III, Section 98-57;and adding an exception to
Section 98-58, Prohibitcd Acts.
CONSIDERA TIONS: The Rcgistry Resort was sold and the current concession agrcement
between the Registry Resort and Collier County needs to be updated with the new owner of the
property, Lel-lill Partners, LLC (hereafter "Naples Grande"). Thc ncw owner, Naples Grande,
wishes to enter into a ] O-year lease with renewal options for the beach facility at Clam Pass Park.
Naples Grandc wishes to provide up to Two Hundred Thousand Dollars ($200,000) in capital
improvements to the beach facilities at Clam Pass Park, As part of the operation of the beach
facilities, Naples Grande would like to scrve alcoholic beverages at the beach facilities at Clam
Pass Park. Current Collier County Ordinance prohibits the carrying, possession of drinking of
any alcoho lic beverage in any park with the exception of the Golden Gate Community Center.
This existing exception allows the possession and consumption, as well as the sale of alcoholic
beverages at the Golden Gate Community Center. This amendment would provide an additional
limited exception to the prohibition against carrying, posscssion or drinking of any alcoholic
beverage in any public park.
FISCAL IMPACT: The County will gain revenue from a pcrcentage of sales at the beach
facilities. Naplcs Grande will provide up to Two Hundred Thousand Dollars ($200.000) in
capital improvements to the beach facilities,
GROWTH MANAGEMENT IMPACT: None,
LEGAL CONSIDERATION: The proposed ordinance was drailed by the Ollice of the
County Attorney and approved for legal sufficiency.
RECOMMENDA TION: That the Board of County Commissioners approve an ordinance
amending the provisions ofCoJlier County Code of Laws and Ordinances, Chapter 98, Parks and
Recrcation, also known as Ordinance No, 76-48, as amended, to providc for additional
definitions and adding an cxception to the prohibition against calTying. possession or drinking of
any alcoholic beverage in any public park,
PREPARED BY: Robcrt N, Zachary, Assistant County Attorney. Office of the Coonty Attorney
ORDINANCE NO. 2007 -_
AN ORDINANCE OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING PROVISIONS OF THE COLLIER
COUNTY CODE OF LAWS AND ORDINANCES, (CODE OF LAWS)
CHAPTER 98, PARKS A:\'D RECREATION, ALSO KNOWN AS
ORDINA:"ltE NO. 76-48, AS AMENDED, PERTAINING TO PARK USE;
PROVIDING FOR ADDITIONAL DEFINITIONS IN ARTICLE III,
SECTION 98-57; ADDING AN EXCEPTION TO SECTION 98-58,
PROHIBITED ACTS; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LA WS AND ORDINANCES OF COLLIER COUNTY, FLORIDA; AND
PROVIDING AN EFFECTIVE DATE.
Agenda Item No. 0
October 23. 2 07
Page 2 f 5
WHEREAS, the Registry Resort was sold and the current concession agreement between
the Registry Resort and Collier County needs to be updated with !.he new owner of the property,
LeHill Partners, LLC (hereafter "Naples Grande"); and
WHEREAS, the new owner, Naples Grande, wishes to enter into 1.1 ten (10) year lease wjt~
renewal options for the beach facility at Clam Pass Park; and
WHEREAS, Naples Grande wishes to provide up to Two Hundred Thousand Dollars
($200,000) in capital improvements to the heach facilities at Clam Pass Park; and
WHEREAS, as the part of the operation of the heach facilities. Naples Grande would like to
serve alcoholic beverages, at the heach facilities at Clam Pass. Park: and
WHEREAS, current Collier County Ordinance prohihits the carrying, possession of
drinking of any alcoholic beverage in any pi.lrk with the exception of the Golden Gate Community
Center; and
'WHEREAS, this existing exception allows the possession and consumption, as well <1$ the
sale of alcoholic beverages at Lhe Guiden GCltc Community Center; and
WHEREAS, this amendment would provide an additional limited exception to the
prohibition against carrying, possession or drinking of any alcoholic beverage in any public park.
NOW, THEREFORE, BE IT ORDAlI'iED BY THE BOARD OF COMMISSIONERS
OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: DEFINITIONS.
OTdinancc No. 76-48, as amended, also known as Section 98-57(b), Collier County Code of
Luws and Ordinances is hereby amended to add the followmg dcfmllions:
ill Denartment means the Collier Countv Parks and Recreation Denanment.
Words st;rHn!. l.AreHgR arc deleted; words underlined are added.
Aoenda !tem Nc 80
" October 23, :' 107
Page 3 f 5
ffi Director means the director of the Colljer Count v Parks and Recreation Deoartmcnt.
SECTION TWO: Ordinance No. 76-48, :JS amended, also known as Chapter 98, Article Ill,
Section 98-58, Collier County ,Code of LaV.iS and Ordinances is hereby amended to add the
following:
Section l,I8-58 Prohibited Acts:
(10) Carry, possess, or dlink any akoholic heverage in any park except as provided in the
exemption set forth in subsection (b) of this section or excent at such times and in su<..:h manner as
then not orohibited bv Jaw and to the extent exnresslY authorized in advance and in writin2 hv
permit issued hv the director of the Deoartment in strict adherence with Dolicv nile!' of the
Department aporoved hv resolution of the Board of County Commissioners.
SECTION THREE: CO]\,I'L1CT AND SEVERABILITY.
In the event this Ordinance conflicts with any ordinance of an applicable Municipal
Corporation or of Collier County, or with any superseding statutory provisIOn, the more restrictive
shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any
court of competent jurisdiction, slIeh portion shall be deemed a sepw.ale, distinct, and independent
provision and such holding shall not affect the validity of the remaining portion.
SECTION FOUR; I,",CLUSION INTO THE CODE OF LA WS A"" ORDNANCES.
The pro\'ision of this Ordinance shall become and be made (] pal1 of the Code of Laws and
Ordinances of Collier County, Flonda. Provisions of this Ordin..lllce lTIHY be renumhered or
relettered to accomplish same. including the word "ordinance" may be ch<..mged \0 "section",
"subsection", "mtide", Dr other appropnatc word.
SECTI01\' FIVE: EFFECTIVE DATE.
This Ordin<lncc shall lake effect upon filing \vith the Florida Department of Slate.
PASSED AND DULY ADOPTED hy the Board of County Comnussioncrs of Collier
County, Florida. this duyof .2007.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD or COUNTY CO:v!MlSSIONERS
OF COI,L1ER C01 '''11'1', FLORIDA
By:
By:
,Deputy Clerk
JAMES COLETTA, Chairman
2
Word" stru~l~ threl:l.;J:l are deleted; word. underlined are added.
Approved as to form and
Legal sufficiency:
~~~
R bert N, aChary
Assist.ant County Attorney
CP'107_PKR_OOI00\0rd\Naplcstirande
Words stRicli tAfAl::lgJ:i are deleted; words underlined are added.
3
Agenda Item No. D
October 23, 2 07
Page 4 f 5
Page I 01 1
A~Jenda Item I'JO, gO
OctolHH 23, 2007
Pdge 5 of 5
COLLIER COUNTY
BOARU UF COUNTY COMMISSIONERS
Item Number:
!HJ
Item Summary:
/\ppruve ,in Ordll1dllCe <1lllelluirlg the PI-ovlsions of the Collier County Code of Laws and
Uldlllc1rlCl;S. (:Il;lplt~r SJ8, F'tHks awl Hecroation. also known as Ordini-lnce No, 76-48. as
;1Ir1l~II(JF)d, pel[ailliny [0 park use: providing fOI "ddrllonal definitions in Article III. Section 98-
S7: cJlld ;Hiding Cln 8\cef-ltiull to Section ~J8 58. F'lohibited Acts, (Fiscal Impact: None)
(CUl11pdlliun 10 It('llIl ON,)
Meeting Date:
1',1::':'0'2(\()7 '-I (\(J 00 .I\M
l'rcl'arcd By
Robert N. Za(:hiHY
Assistant Coullty Attorney
Date
County Attorney
COlllllV AUorn<;>y Oflicf'
1015/20071:54:22 PM
Apllrond liy
Marla Ramsey
Public ~, IVicpji. Administrator
Date
Public S('(vicf's
"U!l!iC ~."n'iu"s Arhllin
1015120073:56 PM
ApJlro\-'Cd By
BarryWilli3TnS
[li10CtOI
Date
Public Srrvicl's
r:Hl<; ilnd F.ccreiltioll
10/B/2007 5:12 PM
ApllI.ond B)'
OMB Coordiniltor
Applicalions Analyst
Date
/ldnrjrli~tri1tive Sl'lvicf's
IIlIOlllwtif\ll Tpr:;!l!lr,IiHl\'
10!912lJ07
PM
Apllro\'Cd B)'
Sherry Pryor
rIJan;l\lC!Il(;l\t 3, Uud\W1 Allillyst
Date
COUl1t~ ~n"I1,'qE['S CJf1i,:;~
Ufli':r' of r\1,'1l),'qt:I1If'llt 8, tludq('t
10111
.r>8 PM
Af)llI'U\'CcJ B)-'
[,1itb,lCI SlllvKowski
M8'1'HJl~ltIe!lt 6. E!lId\JCl LJirt'ctor
Oat'
Countv Mane'lIl'!"'; Otri~p
(lj!irp 'if M;H);'q'.O' Ill" 111 I~ F.u(iqf'l.
10'
9:31 AM
Appnl\-'ecJ B~'
Jat110,;\'. Mwhl
( "')'11 \' h1nr I :I~le I
Doan! 01 COUII/)'
Le'llll!)' r,di1l1;'SIf'1'S Oificc
2007 12:40 PM
CDIIlmiso;ioll"fr,
Agenda Item No. 9A
October 23, 2007
Page 1 of 17
EXECUTIVE SUMMARY
Recommendation to award contract 07- 4170 for County Attorney
Recruitment Services to Waters Consulting Group, Inc. for $28,000.
OBJECTIVE: To obtain professional recruitment services in a timely, efficient
and cost-effective manner in order to obtain the most qualified candidates for the
County Attorney position.
CONSIDERATIONS: On June 26, 2007, the Purchasing Department was
directed to solicit proposals from qualified firms for the purpose of obtaining
professional recruiting services related to the search for a new County Attorney.
An RFP was publicly advertised on June 29, 2007, Notices were sent to 25 firms
with 10 vendors receiving full packages. Three responses were received by the
due date of July 23, 2007, At the Board Meeting on September 11, 2007, the
Board heard presentations from two firms, Waters-Oldani Executive Recruitment,
a division of The Waters Consulting Group, Inc" and Argus Legal. Subsequently,
the Board, by consensus, shortlisted the firms as follows:
1. Waters-Oldani Executive Recruitment
2. Argus Legal
The Board then directed the Purchasing Department to commence negotiations
with the top ranked firm, Staff has reached agreement with Waters Consulting
Group, lnc, for their services in the amount of $28,000, which is inclusive of all
costs, and provides for payments upon completion of specific milestones.
FISCAL IMPACT: Funds for these services will be paid from the general fund
reserves,
GROWTH MANAGEMENT IMPACT: This Executive Summary has no direct
impact on the Growth Management Plan,
RECOMMENDATION: That the Board of County Commissioners approves the
award of contract 07-4170 for County Attorney Recruitment Services to the
Waters Consulting Group, lnc, and authorizes the Chairman to sign the County
Attorney reviewed standard agreement.
PREPARED BY: Sue Filson, Executive Manager to the Board of County
Commissioners,
DATE: October 23, 2007
~
Page 1 01 I
Agenda Item No, 9A
October 23, 2007
Page 2 of 17
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
9A
Recoll1lllcnrj,1tion to mv,lrd contract 07.4170 fur County Attorney Recruitment Services to
WAters COllslIfling Group Inc. for $28,000
10/23/2007 9UO:OO AM
Item Summary:
Meeting Date:
Prellared By
Sue Filson
Executive rJIall<I~ler to lhe Bee
Date
Board of County
Commissioners
Bee Office
Al1llro\'ed Hy
James V. Mudd
COllnty Manager
Date
Board of County
County Mal1a~Jer's OHice
10/13/200712:25 PM
C{llnlTlissioners
.,
/\genda Item No. 9/\
October 23.2007
Page 3 of 17
A G R E E MEN T 07-4170
for
County Attorney Recruitment Services
THIS AGREEMENT, made and entered into on this day of 2007, by and between The
Waters Consulting Group, Inc" authorized to do business in the State of . whose
business address is: 5050 Quorum Drive, Suite 625, Dallas, Texas 75254 hereafter referred to
as "WCG"., and Collier County, a political subdivision of the State of Florida, Collier County,
Naples, hereinafter called the "County":
WITNESSETH:
1. COMMENCEMENT. WCG shall commence the work upon the issuance of a Purchase
Order. The County Manager, or his designee, may, at his discretion, extend the
Agreement under all of the terms and conditions contained in this Agreement for up to
6 months. The County Manager, or his designee, shall give the WCG written notice of
the County's intention to extend the Agreement term not less than 10 days prior to the
end of the Agreement term then in effect.
2. STATEMENT OF WORK. WCG shall provide County Attorney Recruitment Services
as per Exhibit A, in accordance with the terms and conditions of RFP #07-4170 and
WCG's proposal referred to herein and made an integral part of this agreement.
3. THE CONTRACT SUM. The County shall pay WCG for the performance of this
Agreement the amount of twenty eight thousand dollars ($28,000,00), based on the
pricing set forth in Exhibit B, Fees for Services, subject to Change Orders as approved
in advance by the County. This amount is inclusive of all expenses, including, but not
limited to: job posting and advertising fees on various Web sites and classified
advertising fees in printed publications; consultant travel expenses, including rental
vehicles, mileage, lodging, meals and incide" tal expenses; criminal
history/credit/driver's license checks; printing and prodllltion of necessary materials
such as brochures, profiles and final reports; transportati,,'1; shipping and postage and
video conferencing fees; long distance telephone fees. We G will not be responsible for
fees related to candidate traveL
Payment will be made upon receipt of a proper invoice and in compliance with Section
218,70, Fla. Stats., otherwise known as the "Florida Prompt Payment Act". Additional
services as mutually agreed upon via a Change Order' xecuted by the parties shall be
billed at either the daily rates identified in Exhibit B. (' at a negotiated cost for specific
identified tasks.
Page 1 of]5
Agenda Item No. 9A
Octoher 23, 2007
4. NOTICES. All notices from the County to WCG shall be deemed duly servedPif'iil~B~d7
or faxed to WCG at the following Address:
Waters Consulting Group, Inc.
5050 Quorum Drive, Suite 625,
Dallas, Texas 75254
Attn: Mr. Charles S. Anderson
Tel: 972/48]/1950
Fax: 9721481/195 I (Fax)
All Notices from WCG to the County shall be deemed duly served if mailed or faxed to
the County to:
Collier County Government Center
Purchasing Department - Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
Attn: Steve Carnell, Purchasing/GS Director
Telephone: 239-252-8371
Fax: 239-252-0844
WCG and the County may change the above mailing address at any time upon giving
the other party written notification. All notices under this Agreement must be in
writing.
5, NO PARTNERSHIP, Nothing herein contained shall create or be construed as creating
a partnership between the County and WCG or to constitute WCG as an agent of the
County.
6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.5" all permits
necessary for the prosecution of the Work shall be obtained by WCG. Payment for all
such permits issued by the County shall be processed internally by the County. All
non-County permits necessary for the prosecution of the Work shall be procured and
paid for by WCG. WCG shall also be solely responsible for payment of any and all taxes
levied on WCG. In addition, WCG shall comply with all rules, regulations and laws of
Collier County, the State of Florida, or the U. S. Government now in force or hereafter
adopted. WCG agrees to comply with all laws governing the responsibility of an
employer with respect to persons employed by WCG.
7, NO IMPROPER USE. WCG will not use, nor suffer or permit any person to use in any
manner whatsoever, county facilities for any improper, immoral or offensive purpose,
or for any purpose in violation of any federal, state, county or municipal ordinance,
rule, order or regulation, or of any governmental rule or regulation now in effect or
hereafter enacted or adopted. In the event of such violation by WCG or if the County or
its authorized representative shall deem any conduct on the part of wce to be
objectionable or improper, the County shall have the right to suspend the contract of
Page 2 of 15
j\,genda Item No. 9A
October 23,2007
Page 5 of 17
WCe. Should WCG fail to correct any such violation, conduct, or practice to thc
satisfaction of the County within twenty-four (24) hours after receiving notice of such
violation, conduct, or practice, such suspension to continue until the violation is cured.
WCG further agrees not to commence operation during the suspension period until the
violation has becn corrected to thc satisfaction of the County,
8, TERMINATION. Should WCG be found to have failed to perform the required
services in a manner satisfactory to the County as per this Agrecment, the County may
terminate said Agreement immediately for cause; further thc County may terminate this
Agrecment for convenicnce with a thirty (30) day written notice. The County shall be
sole judge of non-performance. In the event that the County terminates this Agreement,
WCG's recovery against the County shall be limited to that portion of the Contract
Amount earned through the date of termination. WCG shall not be entitled to any other
or further recovery against the County, including, but not limited to, any damages or
any anticipated profit on portions of the services not performed.
9. NO DISCRIMINATION. WCG agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
10, INSURANCE. WCG shall not be required to provide insurance under this Agreement.
11, INDEMNIFICATION. To the maximum extent permitted by Florida law, WCG 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, rcasonable
attorneys' fees and paralegals' fees, to the extcnt caused by the negligence,
recklessness, or intentionally wrongful conduct of WCG or anyone employed or
utilized by WCG 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 bc available to an indemnified party or person
described in this paragraph.
This section does not pertain to any incidcnt arising from thc sole negligencc of
Collier County.
12, CONTRACT ADMINISTRATION. This Agreemcnt shall be administcrcd on behalf
of the County by the Board of County Commissioners,
13. CONFLICT OF INTEREST: WCG represcnts that it presently has no interest and shall
acquire no interest, cither dircct or indirect, which would conflict in any manner with
the pcrformance of services requircd hereunder. WCG further represcnts that no
persons having any such intercst shall be employed to perform those services,
14, COMPONENT PARTS OF THIS CONTRACT, This Contract consists of the attached
component parts, all of which are as fully a part of the contract as if herein sct out
verbatim: WCG's Proposal, RFP #07-4170 Terms and Conditions, Exhibit A, Scopc of
Services, Exhibit B, Fces for Services, and Exhibit C, Schedule,
Page 3 of ] 5
Agenda Item No. 9A
October 23, 2007
Page 6 of 17
15. SUBJECT TO APPROPRIATION. It is further understood and agreed by and
between the parties herein that this agreement is subject to appropriation by the Board
of County Commissioners.
16. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or
individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee,
service or other item of value to any County employee, as set forth in Chapter 112,
Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County
Administrative Procedure 5311, Violation of this provision may result in one or more
of the following consequences: a. Prohibition by the individual, firm, and! or any
employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and! or firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, and!or
quotes; and, c. immediate termination of any contract held by the individual and! or
firm for cause.
17. IMMIGRATION LAW COMPLIANCE: By executing and entering into this
agreement, WCG is formally acknowledging without exception or stipulation that it is
fully responsible for complying with the provisions of the Immigration Reform and
Control Act of 1986 as located at 8 U.s.e. 1324, et seq. and regulations relating thereto,
as either may be amended. Failure by WCG to comply with the laws referenced herein
shall constitute a breach of this agreement and the County shall have the discretion to
unilaterally terminate this agreement immediately.
18. VENUE: 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,
19, OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the
discretion of the successful proposer,
20. AGREEMENT TERMS: If any portion of this Agreement is held to be void, invalid,
or otherwise unenforceable, in whole or in part, the remaining portion of this
Agreement shall remain in effect.
Page 4 of 15
Agenda Item '.10. 9A
OCtober 23.2007
Page 7 of 17
IN WITNESS WHEREOF, wce 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
By:
Dated:
(SEAL)
~D
.Nr~ik1e J \ "hA \'1-f'?
Type/F*int witne~s namet
h~'v~ ;fU7~~'
econd WItness
Vy I,',; tbsEn-U<,__JP;j
tType/print witness namet
Approved as to form and
legal sufficiency:
Assistant County Attorney
Print Name
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
James Coletta, Chairman
wce
BY~'/ ljl. ____
Signature
JkAJI P O. V\fo.-W.fS JPvf"lICiQX\t -f t
Typed signature and titlt ~~-
Exhibit A
Scope of Services
Page 5 of]5
Agenda Item No, 9A
October 23. 2007
Page 8 of 17
BUSINESS PLAN
(/.:...:
., ;-..'.',:: I'; .'l.lid exr "., p' /,"1 :!i.;.' r~d/,:.
",,' ,,",:n,t I'r,"!mirml 'i!r'~ whiz our '....'itT
.,',--:10(' ,-.nu['I':~ <-.,'1-' .:-,ur ell::'
.'r,_' jl ('.1 '/;1...riJ. :n ')!if !un:.;,_r,_,
'w ,,"/; ~,-<'\'e!opin~.,
PROTECT OVERVIEW
Collier County requires the services of an outside consulting firm to assist in the executive recruitment program
for its new County Attorney.
OUR TRIPLE GUARANTEE
During this project, the mission of Waters-Oldani will be to assist the Organization in the selection of a seasoned,
well-respected, and innDvative leader that has the ability tD assist in the accomplishment Df the gDals and
Dbjectives as required Df the pDsitiDn. Our Triple Guarantee is defined as: (1) A cDmmitment tD remain with the
recruitment assignment until the Organization has made an appointment fDr the fees and tasks qUDted in this
proposal. If the Organization is unable tD make a selection from the initial group of finalists, Waters-Oidani will
wDrk with tD identify a supplemental group; (2) your executive recruitment is guaranteed for two (2) years against
vDluntary resignation or terminatiDn fDr cause of the candidate, Within the first year, the replacement recruitment
will be repeated at nD prDfessional fee and fDr expenses Dnly. During the second year, the replacement
recruitment is reduced to 50% of the professiDnal fee plus expenses, Candidates appointed from within the
Organization do not qualify for this guarantee. This guarantee is subject to further limitations and restrictions of
YDur state's law, Additional services include a performance appraisal and review after 12 months of service of
the appointed candidate, at expenses only with no professional fee to you. The only cost the Organization would
incur in this case would be the reimbursement for any project-related expenses; and 3) Waters-Oldani will not
solicit any candidates selected under this contract for any other position while the candidate is employed with the
OrganizatiDn.
The following is intended to describe the key tasks associated
with our approach to executive recruitment.
TASK I
PROFILE/BROCHURE DEVELOPMENT AND ADVERTISING
This important first step in the recruitment process will involve the development of a comprehensive
profile/brochure describing the minimum qualifications, desired experience, personal characteristics, and other
factors that will make a person likely to be a success in the positiDn Df CDunty AttDrney,
Waters-Oldani will meet with the leaders in the Organization, as appropriate, to discuss the required background
and experiences for the new CDunty AttDrney. (Many Df Dur previDus recruitments have InvDlved an Dpen-
cDmmunity approach tD prDfile develDpment, and we have found this tD be an excellent way tD broaden Dur
perspective Dn the qualificatiDns needed for the pDsitiDn. We wDuld be pleased tD prDvide informatiDn relating to
fees for this additional step if requested.)
Page 6 of 15
b,genda Item No. 9A
Oclober 23. 2007
Page 9 of 17
In the development of the profile, Waters-Oldani will also gather organizational charts, budgetary information,
operational reports, and other documentation describing the operations and workload of the position, as
necessary, Additionally, we will use our knowledge of current developments in the operations of the public
sector to further assist the Organization in the development of the qualifications for this position, Consideration
will be given to requirements such as formal education and specific work experiences, We understand the
importance of developing truly meaningful position requirements that meet the current needs of your organization
that also complement the culture, goals and objectives of the Organization.
Based upon the results of the discussions with the Organization, Waters-Oldani will develop a customized
profile/brochure that represents a comprehensive view of the background, experiences, and other qualifications
important for a successful County Attorney for the Organization. The draft profile will be presented to the
Organization for review and final approvaVedits prior to initiating the solicitation and advertising strategy,
In order to conduct an open recruitment and to encourage applications from a diverse pool of candidates,
Waters-Oldani will work with the Organization to develop a comprehensive advertising strategy to notify potential
candidates about the vacancy, Advertisements will be placed in appropriate professional publications, local
newspapers of record, and on Internet bulletin boards as approved by the Organization, Draft ads will be
submitted to the Organization for approval prior to publication. Waters-Oldani has direct access to the Internet
through our heavily trafficked Web site at www.watersconsulting,com and targeted e-mail
(search@Watersconsulting.com), Additionally, we will use these resources to communicate with prospects and
candidates as appropriate directly as well as direct phone calls. The aggressive advertising campaign for top
talent will include national, regional, in-state and local elements as determined dUring our initial meetings with the
Organization, We will work to create an appealing brochure in order to submit to candidates in both a printed
and electronic format. Additionally, our presence at appropriate public sector conferences will be used to further
promote the position (as occur during this recruitment and in which we are a part'cipant).
A solid and effective advertising strategy will help to ensure that the Organiza' .n conducts an open recruitment.
Waters-Oldani is committed to making sure that Organization meets its commitment to ensure against
discrimination in employment practices on the basis of race, color, national origin, ancestry, disability, gender or
religion.
TASKIl
EXECUTION OF RECRUITME/'o;'T STRATEGY
AND IDENTIF1CA nON OF (JUALITY TALENT
Once the profile for the new County Attorney has been created, Waters-Oldani will implement the campaign to
address prospective candidates on a national, regional, in-state andocal basis (as determined), Using the
information provided by the profile and developed in Task I, Waters-'ldani will seek to identify indiViduals who
would be outstanding candidates for the position of County Attorne\ Often, potentially well-qualified candidates
are not actively seeking new employment and will not necessarily2spond to an advertisement However, if a
potential candidate is presented with the opportunity directly and ,n the proper manner, he or she may apply. We
take pride in our ability to locate quality candidates across the: .ation based on our professional contacts and
Page 7 of15
Agenda Item No, 9A
Octoher 23, 2007
Page 10 of 17
relationships, In addition, Waters-Oldani will send direct informational mailings to key public sector associations
and organizations across the nation,
During this assignment, we will use our knowledge of the public sector to identify and contact individuals who
may be candidates or who may know of potential candidates. Waters-Oldani has reliable contacts from coast to
coast. We will contact individuals identified as potential candidates to discuss the career opportunity presented
by the Organization, The objective of this effort will be to further identify highly qualified individuals, and then to
interest these potential candidates in submitting a resume for the Organization's consideration.
We have established networks with minority and female leaders throughout the nation and are proud of our
record of placement of qualified minority and femaie candidates, Waters-Oldani has adopted a corporate policy
of equal employment opportunity and will not participate in any recruitment effort where these principles are not
followed. Our record of combined successful placements of candidates from affected classes from our public
sector recruitments is in excess of 40%. In addition, we are charter members of NFBPA and their Business
Advisory Committee and the Hispanic Network among other minority and women focused-organizations
sponsorships.
TASK III
CONDUCT PRELIMINARY SCREENING AND INmAL INTERVIEWS
Our recruiting efforts generally identify a significant number of applicants, depending upon the position and the
availability of skills in the marketplace, From this group we review the credentials of each applicant, including
internal candidates, based on his/her resume, referral source comments (for external candidates only), and
when appropriate, telephone interviews, We compare this information to the requirements developed in the
recruiting profile and generate a spreadsheet list of qualified candidates whose backgrounds and experience
most closely fit the requirements of the position.
We believe that one of the strengths of the Waters-Oldani recruitment process is our hands-on management
and care of candidates during the process, Each candidate submitting a resume is sent a timely
acknowledgement by Waters-Oldani giving an approximate schedule for the recruitment. Further
communications are maintained with each candidate regarding information about the recruitment progress and,
at the conclusion of the project, rejection notifications are sent. We take pride in the many compiimentary
comments made by finalists and non-finalists regarding the level of communication and the professionalism with
which they are treated during our recruitments, which is also a positive reflection on your organization.
After obtaining authorization from the Organization, Waters-Oldani conducts in-depth interviews (either by
phone, in person or via video conference) with each semi-final candidate, Our interviews are conducted with a
targeted and customized set of questions developed by Waters-Oldani to measure management skills,
interpersonal traits and characteristics deemed most important to the Organization. These inquiries are
combined with a list of questions developed specifically for the position using issues identified in the profile
development.
Page g of 15
Agenda Item No. 9A
October 23,2007
Page 11 of 17
As part of our thorough screening of candidates, we also utilize our content-validated behavioral assessment and
success profile system, CareerNavigator"'. Our unique and customized approach to recruitment features a
content- validated competency model that measures the core competencies of public sector leaders in
conjunction with a comprehensive psychological assessment. In short, it heips to identify those competencies
that are proven to make a candidate much more likely to be successful in a certain position of leadership,
Our CareerNavigator'" Competency Model and Assessment System go far beyond the core competencies most
organizations use to assess candidates in the public sector. It compares innate, behavioral characteristics with
the full range of core competencies our research identified to predict with greater accuracy a candidate's
likelihood of success on the job. This approach reaches well beyond the scope of interviews, to provide
insightful, statistically reliable information that public sector organizations can utilize in selecting, retaining and
developing top-performing future executives.
In addition, CareerNavigator'" generates specific questions for individual candidates based upon their
responses to the assessment. These questions are included in the in-<Jepth interview conducted by the Waters-
Oldani consultant. CareerNavigator'" also generates specific questions to be used in the reference calls
conducted as part of Task IV.
At the conclusion of our interview process, we will meet with the Organization to recommend final candidates.
After discussion, if the Organization agrees with our recommendations, Waters-Oldani will provide detailed
written evaluations of the candidates,
TASK N
CONDUcrING BACKGROUND INVESTIGA TIO\!S. REFERENCE CHECKS
AND ACADEMtC VERIFICA nONS
Once the Organization approves the group of finalists, Waters-Oldani will begin the reference checking and
background process.
Waters-Oldani will obtain a list of up to ten work-related references for each finalist. Telephone contact is then
made with selected references and sometimes with others in the specific industry that may know of additional
accomplishments and work experiences of the candidates. The purpose of the reference interviews is not to
solicit negative comments about the candidates, although the process may generate some, The purpose is to
allow Waters-Oldani to complete our understanding of the actual work experience and personal characteristics
of the finalists, Specific questions to be asked about the candidates will be developed from the profile approved
by the Organization as well as the CareerNavigator'" assessment.
In regard to formal background investigations, Waters-Oldani is pleased to partner with PSI Investigation
Services in the gathering of information about the financial history and the review of court records for each final
candidate, This background investigation, coupled with our reference checking techniques, helps to ensure a
sound selection process. Background investigations are conducted in the areas of:
.
Consumer Credit
County Criminal
.
Bankruptcy
State District Supe' ,r Court Criminal
.
.
Page 9 of 15
Agenda Item No. 9A
October 23, 2007
Page 12 of 17
.
County Civil Litigation
JudgmentlTax Lien
Motor Vehicle
.
State District Superior Court Civil Litigation
Federal District Criminal
Federal District Civil Litigation
.
.
.
.
TASK V
RECOMMENDATION OF FINALISTS AND FINAL WRITTEN REPORT
Upon completion of Tasks I through IV, Waters-Oldani will submrt a Final Candidate Report recommending a
group of finalists for the Organization to interview, Typically four to six final candidates will be identified. Our
report will summarize the work experiences and educational backgrounds of the candidates drawn from the
resumes and from the initial interviews and background checks, Waters-Oldani will also summarize the results
of the reference investigations. In addition, the report will include general guidelines for applicant interviewing
and suggested interview questions for the Organization to use in conducting the interviews, A list of suggested
questions can be very helpful to the interviewer by ensuring consistency and guarding against straying into
potentially legally dangerous areas of inquiry,
Waters-Oldani will also discuss with the Organization the subsequent and optional steps in the total interview
process and will make recommendations concerning the final evaluation of the candidates. During this phase of
the recruitment, our consulting team plays a major coordinating role. We will participate in final interviews as
either an observer or active panel member at the request of the Organization and are available to answer
questions and assist you in final section and evaluations, In addition, Waters-Oldani will assist the Organization
with the development of a compensation package with the successful candidate. Alternative and optional
approaches during this time may include the use of an interview panel, assessment center, and/or
personality/behavioral assessment tools,
Page ]00f15
Agenda item ~~o. SA
October 23,2007
Page 13 of 17
Exhibit A-I
Desired Attributes for Candidates
Following is a list of desired attributes for the County Attorney candidates as identified by the
Board of County Commissioners: (in no order)
. Exceptional written and oral skills.
. Ability to express arguments and provide answers in concise terms understandable by lay people.
. In-depth Wlderstanding of the State of Florida Growth Management Laws and their impact upon local
governments.
. A good understanding of the organization and responsibilities of county government.
. An in-depth Wlderstanding of Florida Land Development Regulations and private property rights.
. Familiarity with Florida Statutes
. Possess working knowledge of Florida Legislative process
. The Commissioners are sworn to protect the U.S. Constitution and the Florida Constitution.
The candidates must have a strong back-groWld and belief in these two documents.
. Strong beliefs in separation of power between the Board and the COWlty StaffWlder the law.
. Demonstrated and verifiable record ofpositive
management of lawyers and legal cases.
. Demonstrated experience in litigation
. The ability to place Assistant Attorneys in areas of strength.
. Be prepared to interact with community in a visible way
. Display compassion and sensitivity to individual rights of citizens
. Friendly
. Organized
. Personable
. Bold
. Finn
. Get along well with slafT
. Provide strong leadership and direction
Page I] of15
~,
Agenda Item No, 9A
October 23, 2007
Page 14 of 17
Exhibit A-2
COI,INTY ATTO~EY JOB PROFILE,
The County AlIomey' is ';"pi,nsibltl forprovldlllg dynamic l....rshiP. di,.;j6Iion.
supervision, oversight. and ongoing development of the CountY Attorney's Office as
a high-caliber public law practice. The County AtI,omey's ()ffice (CAO) has been
established as an independent office respansible dirac:lly 10 the Board.. of County
Commissioners. The CAO hand\eS a diVerSe. rriixture of legal matten> on behalf of the "
County. Including ,local. slate and federal . law, ,Jl'lfS'1OO8I matters,. intarll9Yemm'!ntal .
agreements: pubrtC utnities and services, fi~oe~ tnmSpOrtation, larid uSe, environmental
law, ~ and~cy ~mpljance issues,. consumer pn:>tection, open govem!!1ent, alcohol,
anll sUbstancii abuSe, HIVlAlDS programs, the meclical examiner, library operations, .
business licensing. ctisaster plarlning:, and emergenCyrm;lnagement services. .
The County Att~ey ar,d, the assistant attorneyS functioo as ~he, gener:al qounselJo the
Board and to' staff. Their function is similar to 's g9f18l"8lco~s, Office of a .major
corporation, In. addition to providing legal advice and counsel to the County Commission
and colnly .staIf, 1hIi' COtny Attorney functions as the Iag8l adVisor 10 certain
Constitutional 6fficers, nigui8Iory boards, and advisory boards of County goYainment:
The County AlIomay's Otroce is not legal counsel to lhe public and may not advise
individual citizens. "- .
Functions -ie, '~,i'
Overview: . The County Allamey'S Offica provides legal services and primary,
representation to the Board of County Commissioners and. all, County
Departmen~ivisions,. and BoardsICommissions :there. under- Legal services indud~ but
are not limited 10 fliose requir8cl to. .. " " .' ,
. draft and review ordinances, resolulions, and legislation;
. 'prosecute arid d8feJid' civil actionsfor' arufon behalf of the county-at' all levels of State
~ndfederB1'~lJrts;., -, _ . _ ,
. coordinate ~ ~~n areas requiring unique sp8ci~n; .:; ..
. provide legal txJl.IflS6l and advice a1 a regutar basis on all matters C:oncerning the
operation of the County,
. interface effectively with outside counsel
. answer and investigate citizen and other outside inquiries.
The County A--,. is ....sponsibIe for ensuring etf8clIve deliwry of legal services
required to:
Advise the Board of County Commissioners, County Administration and all County
govemm~nt,. as weJJ as new departments, divisions or programs, including the assistance
and initiating of these new entities.
Assist ara proactiveiy support the county's efforts in effectively fuIfiInng manciaies imposed
by law and the Board of County Commissioners. .
Page 120f15
i\8enda Item No. 9A
~ October 23,2007
Page 15 of 17
The County Attorney Is ......pollSible for effective and efficient administration of the
CAO needed to fullill its functions:
Provide proactive leadership to staff.
Develop, oversee, and manage a cost-<lffective departmental budget
Develop and implement depa..,,,,,,ta1 goals and objectiyes; evaluate and report on goal
achievement
Develop and manage staff. including oversight of the hiring, supervising, education,
training, discipline, and lerminaIion 01 aft CAD personnel and a:JIlIraclors,
Oversee internal departmental aclMties and coordinate activities 01 the department with
external entities
Participate as advisable in boaJds, ccmmillBes, proI'essionaI groups and activities.
Maintain the human relations philosophy and _ 01 the county.
Page 13oft5
Agenda Item No, 9A
October 23, 2007
Page 16 of 17
Exhibit B
Fees for Services
PHASE DESCRIPTION OF PROFESSIONAL DELNER,\BLES
SERV1CES
Phase I Task 1 ~ Proflle Development & Posting Draft brochure approved
15% of $28.000 = $4,200
Phase II Task 2 - Identify Quality Candi<htes Ads are placed and fInal brochure approved
15% of $28,000 = $4,200
Task 3 - Preliminary Screening & Initial Report List of top candidates sent to Client
20% of $28,000 = $5,600
Task 4 - Background InterviCVv's & References List of scmi-ftnal candidates provided to the client
20% of $28,000 = $5,600
Phase III Task 5 - Finalize Search / Recommend Finalists Fin al book sen t to Clien t
20% of $28,000 = $5,600
Conclusion Acceptance of offer by candidate Completion of interview process/ candidate
accepts
10% of $28,000 = $2,800
Total Professional Fees Toml papnents: $28, 000
ADDlTtONAL PLACEMENTS
If candidates (other than internal candidates) from this search process are seJected for another position hy the Client, within one year of
the close of the search, a fee of $9,250 will be due to WCG for each candidate.
OPTIONAL SERVICES FOR CONSIDER,\TION FEES
Additional work related to the search process and as specifically $1500.00 pcr day
requested by the client which is outside of the scope of this project (i.e. plus expenses
additional onsite meetings) is additional. The fn;:cd fee proposal for
professional fees anticipates no more than three one-day on site visits
total per search (v.':ith one consultant). However, we would be pleased to
provide additional onsite 'Visits for our standard daily rate plus expenses.
Inc fixed fee proposal for professional fees includes up to ten $350.00 pcr
CareerN av:igator™ reports. For any reports requested over ten, the fee report over 10
will be $350,00 per report,
Page 14 of J5
Agenda Item No. 9A
October 23,2007
Page 17 of 17
Exhibit C
Schedule
EXECUTIVE RECRUITMENT PROJECT TIMELINE
Below is an estimated time line for the Executive Recruitment process with Waters Consulting. Our timeline consists of approximately
90 days from the beginning oltbe Profile Development (Task J) to the Finat ProcessiOn-Site Interviews (Task 5), An exact project
schedule will be detennined after consuttatiDn with the County and may be adjusted as necessary.
Description of IVeeks
Key Project Phases 01 02 03 04 05 06 07 08 09 10 1t 12 13
Phase I Task 1 I
Profile
De\Telopment
& Advertising
Phase II Task 2
Recruitment
Strategy and
Identification of I
Candidates
Task 3
Screening
Process and
Initial
Recommendation
Task 4 !
Background
lnyestigations/ I I
Reference I !
Checks/i\cademc I I
I Verificanons
Phase III Task 5 t I I
I
Final Process I , I I
I
I
Recommend ,
,
Finalists/On-site , I
Interviews v..1.th I I I I
! Client I
,
Page15of15
EXECUTIVE SUMMARY
Agenda Item No, 9B
October 23, 2007
Page 1 of 71
APPOINTMENT OF MEMBER(S) TO THE RURAL LANDS STEWARDSHIP AREA
COMMITTEE
OBJECTIVE: For the Board of County Commissioners to appoint 13 members, with terms to
expire on October 23, 2008 to the Rural Lands Stewardship Area (RLSA) Review Committee,
CONSIDERATIONS: The Rural Lands Stewardship Area (RLSA) Review Committee was
created by the Board of County Commissioners on June 26, 2007 by Resolution No, 2007-] 73 to
assist the Board in facilitating the public participation component of the RLSA Overlay Five-
Year Review. The purpose of this committee will be to review data concerning the participation
and effectiveness in the Overlay meeting the Goal, Objective, and Policies in the Future Land
Use Element of the Growth Management Plan and make recommendations to the Board of
County Commissioners. The committee shall be comprised of 13 members and, to the maximum
extent possible, represent a broad base of citizens and business and property owners within the
Review area, 'Terms are one year.
A press release was issued and resumes were received from the following] 8 interested citizens.
On September 11,2007, the Board of County Commissioners directed that membership for the
committee be re-advertised and 10 additional citizens applied for a total of28 applicants.
APPLICANT
CATEGORY
D1ST ELECTOR ADV. COMM.
,."-,
Bradley Cornell Environmental 2 Yes None
Zach Floyd Crews Business Owner 5 'r'es tmmokalee EZDA, lmmokalee
Master Plan and Visioning
Committee
Denis Davidson Business Owner 5 'y.es None
Gary Eidson Lay pt:rson 2 Yes None
David Farmer Planner 5 \'es East of 95] Committee
Teonta Fields Environmental 5 Yes j""':one
Paul A, Gladdys Environmental I 'r'cs l\one
Ron Hamel Agricu hural Lee No None
Dr. James 1'. Horner La y pt:rson 3 '{es None
Jim Howard Business 0 Yes None
.'
Richard Harold Johnson Agricultural 5 'r'es None
Thomas Jones LandO\vner 5 Yes East of 951 Committee
Andrew Scott McElwaine Environmental 5 Yes NOlle
'William McDaniel. Jr. Contractor 5 '{es East of 951 Committee
Allison Delaine Mcgrath Planner 5 Yes None
Mildred Mercado Realtor. artist 5 'Y'es None
Richard Mercer Realtor. engineer 5 '(es None
Timothy Nance Agricultural 5 Yes East of 951 Committee
Tammie Nemecek Economic Development 5 Yes None
Ronald Nino Planner 2 Yes None
John Pinholster Construction 4 Yes None
Janice Siegel Health Care 5 Yes None
Neno Spagna Planner 5 Yes None
Michael Taylor Agriculture 4 Yes None
Thomas M, Taylor Engineer and Landowner 2 '{es None
Fred N, Thomas. Jr. Public Administration 2 Yes Lake Trafford Restoration Task
Force, lmmokalce EZDA,
Immokalee i\laster Plan and
Visioning Committee
Peggy Whitbeck Business 5 Yes None
Dave W ulfey Layperson 2 Yes None
A~enda Item No. 9B
. October 23, 2007
Page 2 of 71
NOTE: Section Five (D) of Ordinance 2001-55 states that "No person shall serve on more than
two County Boards simultaneously, If application is made for service on a third Board the
applicant must resign simultaneously from one of his or her current Board positions, or the
application for a third Board shall be disqualified. This provision, however, may be waived to
allow for service on additional Boards provided the Commission votes unanimously to waive
such provision. According to my records Zach Floyd Crews currently serves on the Immokalee
EZOA and the hnmokalee Master Plan and Visioning Committee and Fred N, Thomas Jr.
currently serves on the Lake Trafford Restoration Task Force, lmmokalee EZOA and the
lmmokalee Master Plan and Visioning Committee, If either Zach Floyd Crews or Fred N.
Thomas Jr. is appointed, the Board will have to waive Section Five (D) of the ordinance,
COMMITTEE RECOMMENDA nON: New committee - no recommendations
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDA nON: That the Board of County Commissioncrs consider the requests for
appointment, appoint 13 members, and direct the County Attorney to prepare a resolution
eonlirming the appointments,
Prepared By: Sue Filson, Executive Manager
Board of County Commissioners
Agenda Date: OCTOBER 23, 2007
page I ot I
Agenda Item No, 98
October 23. 2007
Page 3 of 71
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
9B
Appoirllrnenl of rnembE% to the Rural Lands Stewardship Area Review Cornmittee.
1 0/23/2UU7 9:UU:UO AM
Item Summary:
Meeting Date:
Preparcd By
Sam Tucker
Executive Aide to the BCG
Date
Board of County
Commissioners
BGC Office
10f10/2007 10:59:07 AM
Approved By
Sue Filson
Executive Manager to the BCG
Date
Board of County
COlllmissioners
Bec Office
10/10/200711:25 AM
AplJruvcd By
James V. Mudd
Gounty Manager
Date
Board of County
Commissioners
County Managl:!r's Office
10/13/200711:30 AM
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MEMORANDUM
DATE: July 23, 2007
TO: Elections Office
FROM: Sue Filson, Executive Manager
Board of County Commissioners
RE: Voter Registration - Advisory Board Appointments
Agenda Item No. 9B
October 23, 2007
Page 7 of 71
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.
RURAL LANDS STEWARDSHIP AREA COMMITTEE
Teonta Fields
2631 4th Street. NW
Naples, FL 34120
Timothy Nance
P,O. Box 990129
Naples, FL 34116
Richard Harold Johnson
680 Weber Blvd. N.
Naples, FL 34120
Ronald J. Hammel
11250 Bienvenida Way #201
Fort Myers, FL 33908
Allison Delaine Megrath
4290 14th Street NE
Naples, FL 34120
Bradley Comell
556 109'h Avenue N,
Naples, FL 34108
Andrew Scott McElwaine
1690 Birdie Drive
Naples,FL 34120
Dr. James T. Horner
COMMISSION DISTRICT
4704 Ossabaw Way
Naples, FL 34119
Agenda Item No. 98
October 23.2007
Page 8 of 71
Jim Howard
2253 Heritage Greens Drive
Naples, FL 34119
Fred N, Thomas Jr.
1205 Orchid Avenue
Immokalee, FL 34142
Ronald Nino
33 51h Street
Bonita Springs, FL 34134
Zach Floyd Crews Jr.
5214 Lake Lane
Immokalee, FL 34142
Paul A, Gladdys
3720 Kent Drive
Naples, FL 34112
Dave Wolfey
4250 1'1 Avenue NW
Naples, FL 34119
Neno .I, Spagna
385027''' Avenue SW
Naples, FL 34117
Thomas M. Taylor
481 Carica Road
Naples. FL 34108
Gary Eidson
14592 Glen Eden Drive
Naples, FL 34110
Peggy Whitbeck
1450 Kapok Street
Naples, FL 34117
Thank you for your help.
MEMORANDUM
Agenda Item No. 98
October 23, 2007
Page 9 of 71
DATE: July 23, 2007
TO: Noah Standridge
FROM: Sue Filson, Executive Manager
Board of County Commissioners
RE: Rural Lands Stewardship Area Committee
As you know, we currently have 13 vacancies on the above-referenced advisory committee. A
press release was issued requesting citizens interested in serving on this committee to submit an
application for consideration. I have attached the applications received for your review as follows:
Bradley Comell
556 109th Avenue N.
Naples, FL 34108
Zach Floyd Crews Jr.
5214 Lake Lane
Immokalee, FL 34142
Gary Eidson
14592 Glen Eden Drive
Naples, FL 34110
Teonta Fields
2631 4th Street. NW
Naples, FL 34120
Paul A. G laddys
3720 Kent Drive
Naples, FL 34112
Ronald J. Hammel
11250 Bienvenida Way #201
Fort Myers, FL 33908
Dr. James T. Horner
4704 Ossabaw Way
Naples, FL 34119
Jim Howard
2253 Heritage Greens Drive
Naples, FL 34119
Richard Harold Johnson
680 Weber Blvd, N,
Naples, FL 34 I 20
Agenda item No 98
October 23. 2007
Page 10 of 71
Andrew Scott McElwaine
1690 Birdie Drive
Naples, FL 34120
Allison Delaine Megrath
4290 14th Street NE
Naples, FL 34120
Timothy Nance
1',0. Box 990129
Naples, FL 341 16
Ronald Nino
33 5th Street
Bonita Springs, FL 34] 34
Neno J, Spagna
3850 27'h Avenue SW
Naples, FL 34117
Thomas M. Taylor
481 Carica Road
Naples. FL 34108
Fred N, Thomas Jr.
1205 Orchid A venue
Immokalee, FL 34142
Pe''''v Whitbeck
"",,"
] 450 Kapok Street
Naples, FL 34117
Dave Wolfey
4250 I" Avenue NW
Naples. FL 34 I 19
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. I f you have any questions, please call me
at 774-8097,
Thank you for your attention to this matter.
Agenda Item No. 9B
October 23. 2007
Page 11 of71
SF
Attachments
Agenda ilem No. 9B
October 23 2007
Page 12 of 71
MEMORANDUM
DA TE: October 5, 2007
TO: Elcction, Office
FROM: Sue Filson, Executive Manager
Board oj County Commissioners
RE: Voter Registration - Advisory Board Appointments
The Board of County Commissioners will soon consider the following individuals for
appointment to one of the county's advisory committees, Please let me know if those listed
below are registered voters in Collier County,
Also, please list the commission district in which eaeh applicant resides,
RURAL LANDS STEW ARDSHlP AREA COMMITTEE
COMMISSION DISTRICT
Denis Davidson
8555 Danbury Blvd, # 105
Naples. FL 34120
David Farmer
240 17'10 Street S W
Naples, FL 34117
Thomas .Iones
3290 7'h Avenue NW
Naples, FL 34120
Mildred Mercado
2965 Garland Road
Naples. FL 34117
Richard 8, Mercer
3857'10 Street SW
Naples, FL 34117
Tammie J. Nemecek
920 16'10 Avenue NE
Naples, FL 34120
.Iohn Pinholster
1969 7'10 Street S
Naples, FL 34102
Agenda Item No, 9B
October 23, 2007
Page 13 of 71
Janice H. Siegel
2895 Randall Blvd.
Naples, FL 34120
Michael O. Taylor
109 Morning Star Cay
Naples, FL 34114
Thank you for your help.
MEMORANDUM
Agenda Item No. 9B
October 23.2007
Page 14 of 71
DA TE: October 5, 2007
TO: Noah Strandridge, Scnior Planner
FROM: Sue Filson, Executive Manager
Board of County Commissioners
RE: Rural Lands Stewardship Area Committee
As you know, we cun'ently have] 3 vacancies on the above-referenced advisory committee. A
press release was issued requesting citizens intcrested in serving on this committee to submit an
application for consideration (subsequently. at the Board's dircction, a sccond press release was'
executed and the application process was reopened). ] have attached the applications received for
your review as follows:
Denis Davidson
8555 Danbury Blvd. # 1 05
Naples. FL 34] 20
David Farmer
240 I 7'h Street S W
Naples, FL 34117
Thomas Jones
3290 7'h Avenue NW
Naples. FL 34120
William McDaniel. Jr.
7000 Big Island Ranch Road
Naples. FL 34119
Mildred Mercado
2965 Garland Road
Naples, FL 34] 17
Richard B, Mercer
385 7'h Street SW
Naples, FL 341] 7
Tammie J. Nemecek
920 16th A vcnue NE
Naples, FL 34120
John Pinholster
1969 7'h Street S
Naples, FL 34102
Agenda Item No, 9B
October 23. 2007
Page 15 of 71
Janice H. Siegel
2895 Randall B]vd.
Naples, FL 34120
Michael O. Tay]or
] 09 Morning Star Cay
Naples, FL 34]]4
Please let me know, in writing, the recommendation for appointment ofthe advisory committee
within the 4] day time-frame, and] 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. ]fyou 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 1[,,1n No. 9B
October 23 2007
Page 16 of 71
tuckersam
From: filson_s
Sent: Monday, July 16, 20074:46 PM
To: tuckersam
Subject: FW: New On-line Advisory Board Application Submitted
From: bcornell@collieraudubon,org [mailto: bcornell@collieraudubon,org]
Sent: Monday, July 16, 2007 4:41 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: 7/16/20074:41:21 PM.
Name: !Bradley Cornel~ Home Phone: ~39-592-78051
Home Address: 1556 I 09th A venue, Nort~
City: Naplesl Zip Code: 1341081
Phone Numbers
Fax: 1239-643-78221 Business: ~39-643-78221
e-Mail Address: ~comellra;collieraudubon,or~
Work Place: ICollier County Audubon Societyl
How long have you lived in Collier County: !more than 151
Have you ever been convicted of any offcnse against the law? ~
Are you a registered voter in Collier County? IYesl
Board / Committee Applied for: lRural Lands Stcwardship Arca Review Committeel
Category: Not indicatc~
7/16/2007
Advisory Board Application
.
.
Page 2 of2
Agenda item No, 9B
October 23, 2007
Page 17 of71
Do you currently hold public offiice? 1821
PT AS - Environmcntal Policy & Technical Advisory Board Smart Growth Horizo
ommittee Landfill Sitin Committee
Do you currently or ever served on a Collier County Board or Committee? ~
Please list our communi activities:
Secretary, Conservation Chair and President of Collier County Audubon Society 1993-
"001. Audubon of Florida, Miami - board member 2002-2005 Founding board membe
fFriends of the Florida Panther Refuge 1997-2003. Founded Collier County Citizens'
ommittee on Recycling in 1992, Sunday school teacher and youth group advisor,
1998- resent.
Education:
ourses (non-degree) in environmental science,constit:utionallaw, and statistics at
orthwestem University and Florida Gulf Coast University. Master of Music, Univ. 0
exas at Austin 1986, Bachelor of Music, Oberlin Colle e, 1981.
Ex erience:
Professional environmental policy analyst for Collier County Audubon Society and
udubon of Florida: As part of my work I provided significant input to the current
Rural Land Stewardship Area Overlay and Rural Fringe TDR policies in Collier County
in response the Governor Bush's Final Order of 1999, I have made presentations on
ural Land Stewardship to many groups since the policies' adoption in 2002, I have
spent considerable time working with staff, policy-makers, the public, and especially
landowners in the crafting and implementation of Collier County's rural lands grovvth
anagement olicics.
7/16/2007
Advisory Board Application
.
.
AgendJ\illffi NBfOO
October 23, 2007
Page 18 of 71
tuckersam
From: filson_s
Sent: Thursday, July 12, 2007 1 :54 PM
To: luckersam
Subject: FW: New On-line Advisory Board Application Submitted
From: sndybass@yahoo,com [mailto:sndybass@yahoo.comj
Sent: Thursday, July 12, 2007 1:S2 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: 7/12/20071:52:11 PM.
Name: ~ach l10vd crews i~ Home Phone: ~39-657-23701
Home Address: 15214 lake lanel
City: ~mmokalec. 111 Zip Code: 1341421
Phone Numbers
Fax: ~39-657-351 II Business: ~39-657-53591
e-Mail Address:!sndYbass@vahoo.coml
Work Place: IsouthweSI 11 scr & supplyl
How 10nR have you lived in Collier County: ~lore than] 51
Have you eyer been convicted of any offense aRainst the law? ~
Are you a reRistered voter in Collier County? ~
Board I Committee Applied for: ~lsa review committeel
CateRory: !Not indicatedl
7II 2/2007
Advisory Board Application
.
.
.
Do you currently hold public ofllice? IYesl
!housing authority i mmokalee fire boardl
Do you currently or ever served on a Collier County Board or
Committee? ~
Please list your community activities:
I
Education:
I
Experience:
I
7/12/2007
AgendJ':'MTt, fJ8f ~
October 23, 2007
Page 19 of 71
Advisory Board Application
.
.
Page I of2
Aoenda Item No. 9B
"October 23. 2007
Page 20"f 71
filson_s
From: Davisondh@aol.com
Sent: Saturday, September 29,200710:28 AM
To: filson_s
Subject: New On-line Advisory Board Application Submitted
Advisory Board Application Form
Collier County Government
3301 E. Tamiami Trail
Naples, FL 34112
(239)774-8999
Application was received on: 9/2912007 10:27:55 AM.
Name: penis H Davidson! Home Phone: 1239-348-3124]
Home Address: 18555 Danbury Blvd. #1051
City: !Naple~ Zip Code: 1341201
Phone Numbers
Fax: /94 I -505-802q Business: 1239-682-04311
e-Mail Address: /Davisondh(a)aoLcoml
Work Place: !pro Powder Coating, Inc.j
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? Iv e~
Board / Committee Applied for: /Rural Lands Stewardship Area Review Committed
Category: !Not indicate~
Do you currently hold public offfice? ~
Do you currently or ever served on a Collier County Board or Committee? ~
Please list our communi activities:
resident, Vanderbilt Community Association Board of Directors(Current); Executive Vice
resident, Treasurer, Vanderbilt Community Association, 2005-2006; Board of Directors,
erican Subcontractors of Florida, 2004-2006
10/1/2007
Advisory Board Application
. Education: .
.' jBs Univ ofWisconsin,Whitewateq
.
Page 2 of2
Agenda Item No. 90
October 23. 2007
Page 21 of 71
Exoerience:
Partner, Pro Powder Coating, Punta Gorda, FL President United Plastics, Chicago, IL
President,CEO Fitzpatrick Machine, Chicago, IL President CEO, Clear Shield National, Chicago
L
10/1/2007
Advisory Board Application
.
.
Page I of2
Agenda 11m'11 No. 9B
October 23. 2007
Page 22 of 71
tuckersam
From: filson_s
Sent: Thursday, July 05, 2007 7:24 AM
To: tuckersam
Subject: FW: New On-line Advisory Board Application Submitted
From: paradise42@comcast.net [mailto:paradise42@comcast.net]
Sent: Wednesday, July 04,20077:13 AM
To: filson_s
Subject: New On-line Advisory Board Application Submitted
Advisory Board Application Form
Collier County Government
3301 E. Tamiami Trail
Naples, FL 34112
(239)774-8999
Application was received on: 7/4/20077:13:24 AM.
Name: /Gary Eidson! Home Phone: ~39-596-69661
Home Address: 1]4592 Glen Eden Driv~
City: [Naplesl Zip Code: 134] 101
Phone Numbers
Fax: I Business: ~39-825-52161
e-Mail Address:~aradise421iV.comeasl.ne~
Work Place: ~etiredl
How long have you lived in Collier County: 15-101
Have you ever been convicted of any offense against the law? ~
Are you a registered voter in Collier County? IYesl
Board / Committee Applied for: iRLSA review committeel
Category: !Not indicatedl
7/5/2007
Advisory Board Application
.
.
Page 2 of2
Agenda Item No, 9B
October 23, 2007
Page 23 of 71
Do you currently hold public offfice? IEI2I
Do you currently or ever served on a Collier County Board or Committee? IEI2I
Please list our communi activities:
Chair Citizens Transportation Coalition of Collier County, District 2. Member
ommissioner's District 2 Advisory Board Past President of the Glen Eden Home
wners Association Past Chair of Frank Halas Reelection Can1paign Director North Ba
ivic Association
Education:
vans City HS graduate Thiel College Greenville PAl year Southern Illinois
niversity, Carbondale IL BS Communications Boston University Graduate School,
oston MA I yr School of Education Klopfer Mortgage Broker Pre-License Class, Ft
yers FL Klopfer Real Estate Pre-License Broker Class, Naples FL Dog Training Class
28 week Directed b Brian Kilcommon for Turkin Trainin Pro ran1, Na les FL
Ex erience:
RGANIZING AND PLANNING SKILLS: 0 Organized, Chaired, Developed Meeting
gendas & Action Plans for Local Community Boards, and PACs 0 Started,
ncorporated and Managed Three Small Businesses 0 Organized and Presented a
Strategic Plan for Sales Division of a National Company 0 Organized and Elected to
oard of Homeowner' s Association (Pres., VP, Secretary, Chair Buildings-Grounds) 0
roficient in the Use of Microsoft Excel, Word and Internet Explorer SALES &
ARKETING: 0 Achieved General Motors Mark of Excellence Status & Developed
nternet New Car Sales Department C Started New Sales Territories for 4 Different
Companies and Established a Leadership Position 0 Comprehensive Understanding of
he Sales Process Based on Experiences from Door-to-Door Sales, Maintaining National
Accounts and Creating & Motivating Organizations in a Variety of Sales and Volunteer
Settings WORK EXPERIENCE: 0 DeVoe Pontiac-Buick-GMC-HUMMER, Bonita
Springs FL 2001-03 (Ranked Among Top 4 Producers, Coordinated Internet Sales,
Assisted in Computer & Certification Training) 0 Daubert Industries, Burr Ridge IL
1972-2005 (Sales Manager, Top Producer, Managed 6 Person Staff, Auto Protective
Coatings Consultant-Retired) L Reynolds & Reynolds, Dayton OH 1992-1998 (Sales of
irect Mail/Marketing Progran1s to New England Auto Dealers, Created New Territory)
o Procter & Gamble, Toilet Goods Division, Cincinnati OH 1964-72 (Territory Salesl
District Head Salesman [Cincinnati] - Unit Manager [Boston]) BUSINESSES OWNED
& OPERATED: 0 Maine Car Protection,lnc., Aubum ME (Sold)1980-90 0 Olympic
Telephone Answering Service, Woburn MA (Sold) 1976-79 0 Olympic Petroleum, Inc.,
Lexin ton, MA (Sold) 1976-79
7/5/2007
Advisory Board Application
filson_"S
.
.
Page 1 01'2
Aqenda Item No. 9B
. OctGber 23. 2007
Page 24 of 71
From: dave@keystonellc.net
Sent: Friday, September 28, 20072:59 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: 9/28/20072:59:16 PM.
Name: !David Farmed Home Phone: j239-348-069~
Home Address: ~40 17th ST sWI
City: iNaple~ Zip Code: 1341171
Phone Numbers
Fax: 1239-353-51741 Business: ~39-292-60811
e-Mail Address:ldave(aJkeystonellc.ne~
Work Place: !Keystone Companies, LLCI
How lon~ have you lived in Collier County: !more than 151
Have you ever been eonvicted of any offense a~ainst the law? ~
Are you a registered voter in Collier County? ~
Board / Committee Applied for: !Rural Lands Stewardship Review Committee!
Category: [citizen, Planner, Engineeri
Do you eurrently hold public offfice? ~
/East of951 Horizon Committee DSAC Utility sub-corrrmittee!
Do you eurrently or ever served on a Collier County Board' . Committee? ~
Please list your community activities:
I
Education:
IBs Civil Engineering Many Continuing Education Classd
9/28/2007
Page 2 of2
Agenda Item No. 9B
October 23,2007
Ex erience: Page 25 of 71
have the following credendials: Planner with AICP certificaiton Professional Engineer State Certifie
eneral Contractor Florida Lie. Real Estate Broker The bulk of my experience is in Engineering and
lannin .
.e
e
Advisory Board Application
9/28/2007
Advisory Board Application
.
.
Page I of2
Agenda item No. 9B
Octoher 23, 2007
Page 26 of 71
tuckersam
From: filson_s
Sent: Friday, July 20, 2007 7:46 AM
To: tuckersam
Subject: FW: New On-line Advisory Board Application Submitted
From: teonta@earthlink.net [mailto:teonta@earthlink.net]
Sent: Friday, July 20, 2007 7:27 AM
To: filson_s
Subject: New On-line Advisory Board Application Submitted
Advisory Board Application Form
Collier County Government
3301 E. Tamiami Trail
Naples, FL 34112
(239)774-8999
Application was received on: 7/20/20077:26:50 AM.
Name: treonta Field~ Home Phone: ~39.564,16601
Home Address: ~63 14th St. Nwj
City: !Naplesl Zip Code: 1341201
Phone Numbers
Fax: 1866.334.14961 Business: ~39.564. 16601
e-Mail Address:~eonta!aiearthlink.ne~
Work Place: !Ramsey Inc Environmental Consultin~
How long have you lived in Collier County: B
Have you ever beeu convicted of any offense against the law? IIi2I
!Not Indicatedl
Are you a registered voter in Collier County? ~
Board / Committee Applied for: IRURAL LANDS STEWARDSHIP AREA]
Category: !Not indicate~
7/20/2007
Advisory Board Application
.
.
Page 2 01'2
Agenda Item No, 9B
October 23, 2007
Page 27 of 71
Do you currently hold public offfice? ~
Do you currently or ever served on a Collier County Board or Committee? ~
Please list our communi activities:
reasurerNice President Naples Bears Youth Sports Association Golden Gate Estates
ivic Association. Road Committee Hazard Kentucky Civic Club 1998 Voted Young
Women of the Year
Education:
!Master Degree in Education Wetlands Determination Certificat~
Ex erience:
Work For Ramsey Inc Environmental Consulting for 4 years, job descriptions - Permi
anager (Local, State and Ferderal), Project Manager, Land Use Specialtist-
estoration Pro' ects - Miti ation Consultant and S ecialist.
7/20/2007
!ard of County Commissioners.
3301 East Tamiami Trail
Naples, FL 34112
(239) 774-8097
Fax: (239) 774-3602'
Agenda Item No, 9B
October 23, 2007
fa 28 of 71
'r:
Application for Advisory Committees/Boards
Name: f}:;~1 /7, G/h'cI/v~ Home Phone:;>] '?- J?y-t;/3/
Home Address: 3');;'0 )ft"/VI b,;-; t/e.. Zip Code: 3 .;.//:;;..
Fax No. Business Phone: '? 7 '-/,. hi -? I e-mail address: ;7 ~ 4d7..1 fJ 12<>/ <eo"'!
Place of Employment: lYe?- f; J- rc/- h~mI1"NI:- M Ie/) t: (;,N<e~;//}-!70rt/
Board or Connnittee Applied for: Rvti-/.) / .!tJ,v,/~ ,)f'C""")I?~Js~;./.> .#"/7 (' A'LS'&)
-- /;/f t?
Category (if applicable): l-/l/V,..-.,.v/lfP/V /l /15
Example: Commission District, Developer. environmentalist., lay person, etc.
How long have you lived in Collier County: Years 6'
Are you a registered voter in Collier County: Yes )(
Months
No
Do you currently hold public office? Yes
If so, what is that office?
No .X
1'0 .X
Have you ever been convicted of any offense against the Law?
If yes, explain:
Yes
Do you now serve, or have you ever served, on a Collier County board or committee? Yes
If yes, please list the committeeslboards:
No
x
.
Education:
.-v/'t::/!
>;-... cf".J ~
Experience:
""
"",*/.,J- --2
6"
"'1,r't!'r/;,Y'
r. "'::S.'
:s"5' ~
t4..s. '/::;:5&
are.. J.
.--'}.vl
N '~I-f;;;::r
'''.(!)/'''''>'
f.J,-c r'''-''''"'''S-/
Advisory Board Application
.
.
Page 1 of?
Agenda ItEml IQo. 08
October 23. 2007
Page 29 of 7t
tuckersam
From: filson_s
Sent: Tuesday, July 17, 2007 11 :26 AM
To: tuckersam
Subject: FW: New On-line Advisory Board Application Submitted
From: gulfcitruscapron@earthlink.net [mailto:gulfcitruscapron@earthlink,net]
Sent: Tuesday, July 17, 2007 11:20 AM
To: filson_s
Subject: New On-line Advisory Board Application Submitted
Advisory Board Application Form
Collier County Government
3301 E. Tamiami Trail
Naples, FL 34112
(239)774-8999
Application was received on: 7/17/2007 11 :20:25 AM.
Name: \Ronald J. Hammell Home Phone: ~39-481-77911
Home Address: 111250 Bienvenida Way #2011
City: 1Ft Myed Zip Code: 1339081
Phone Numbers
Fax: 1863-675-80871 Business: 1863-675-1
e-Mail Address:lgUlfcitruscapron@.t~Ohba..r1fY\.a...11 .GOI'V'"'\
Work Place: IGulf Citrus Growers Associationl
How long have you lived in Collier County: II]
Have you ever been convicted of any offense against the law? Itl2]
Are you a registered voter in Collier County? Itl2]
Board / Committee Applied for: \Rural Lands Stewardship Review Committeel
Category: ~gricultural Representativel
7/18/2007
Advisory Board Application
.
.
Agenda~~~ ~gf~
October 23, 2007
Page 30 of 71
Do you currently hold public offfice? ~
ural Lands Assessment Area Oversi ht Committee
Do you currently or ever served on a Collier County Board or Committee? ~
Please list our communi activities:
~ee County Smart Growth Committee Southwest Florida Resource Conservation an
evelo ment Council
Education:
lEA Public Relations, UFI
Ex erience:
gricultural industry as Executive VP and public relations Five-County Region Citrus
rower Mana ement Association (Collier. Charlotte, Hendr , Lee. Glades
7/18/2007
.
.
Agenda Item No. 96
October 23, 2007
Page 31 of 71
DR. JAMES T. HORNER
4704 OSSABAWWAY NAPLES, FLORIDA 34119
(239)596-1339
e-mail: jim-connie@comcast.net
July 09, 2007
Sue Filson, Executive Manager
Collier County Commission
3301 U.S. 41E
Naples, Florida 34112
Dear Ms, Filson:
Attached is my application for Rural Lands Stewardship Area (RLSA) Reveiw Committee,
Should you have questions, or need further infonnation, please feel free to contact me,
Thank you,
y~-v
v'
James T. Homer
ttoard of County Commissione_
3301 East Tamiami Trail
Naples, FL 34112
(239) 774-8097
Fax: (239) 774-3602
.~,genda Item No. 9B
October 23, 2007
2 of 71
Application for Advisory Committees/Boards
Name: .Ja~ T Homer
Home Phone (239)596-1339
Home Address: 4704 Ossabaw Wav Naples. Florida
Zip Code: 34119
Fax No.
Business Phone:
E~mail: jim-connie@comcast.net
Place of employment: Retired University Admistratorl Professor and Army Officer
Board or Committee Applied for: Rural Lands Stewardship Area (RLSA) Review
Category: Lay person
How long lived in Collier County? 16 vears 6 months
Are you a registered voter in Collier County:...YS..2....
Do you currently hold public office? ..J:iQ...
Have you been convtcted~? ~
Do you now serve, or have you ever served, on a Collier County board or committee? YES
List the commlttes/boards:, Productivity Committee 2001-2004 concurr~t iru;!art..)Nith Rural Lands Stewardshic Committee
(developed award-winning growth management....elanl and thus, (RSL.A..) r~vievv seems a natural next step, Developed
_l:!nrversity prot:Jrams tor vears and aiwavs evaluafe-d resuHB. - -~- - ..- - ~- - .
Please list your community activities etc. and positions held: Since 2004-Chm. Trustees (2000+ members) North Naoles
Methodist Church. _II!~!!!L Directqr( 18~ homes) lsl~~c.i ~!!Ik Home~_~_~!SJ1 Finances _9_qD1_mitteeJ_Q.t!r~_Covenants
Committee and Chr. Se~ q.ommjttEle. Prior toretirernerrt-President National, ,and T~easurer international professional
associations. -- ..- - ----~- .--_.. -. --"-.~- - ~ - -.- .------- - .. - -~ ----.----.
Education: BS MS, PhD. University of Missouri-Columbia. Post-Doctoral Michiean State University.
Experience: High School and Adult Teacher- Missouri and Iowa {S years)emphasis-Ieadership, earth sciences, aariculture,
economics/management.
,'In;versitv AdministratLqn ~~~_~arch and teaching (30 years)--University NC-Ral_eigh, Michigan_?~_~,_~niven;~I'l~L_____
University of Nebraska-Lmcoln-Leadershio. staff-Development, Teach~lSdu~.Q!'.h Program PlanninQ, Financial
Management: Ag Extension in Nebraska, big issues rural development and zoni~. Authored scores of articles and books,
plus seminars an(rpresei1tatlOns:----~ -- - - ---. -- .-- -- ..-~-~---- -----
~till own ~_worki~~L~!'!~_!~ ~j~~_ri_.__
.Active duty in Korea, continuing to command several Reserve and National. Guard ~.!!~to r~irement!l5 L.t CoIonel.__
Advisory Board Application
.
.
Page 1 01'2
Agenda Item No, 9B
October 23, 2007
Page 33 of 71
tuckersam
From: filson_s
Sent: Friday, July 13, 200712:42 PM
To: tuckersam
Subject: FW: New On-line Advisory Board Application Submitted
From: jim.howard@wachovia.com [mailto:jim.howard@wachovia.com]
Sent: Friday, July 13, 2007 11:32 AM
To: filson_s
Subject: New On-line Advisory Board Application Submitted
Advisory Board Application Form
Collier County Government
3301 E. Tamiami Trail
Naples, FL 34112
(239)774-8999
Application was received on: 7/13/200711:31:37 AM.
Name: ~im Howardl Home Phone: ~39-514-15841
Home Address: 12253 Heritage Greens Drivel
City: raplesl Zip Code: 1341191
Phone Numbers
Fax: 1239-598-75981 Business: 1239-591-79201
e-Mail Address:~im.howardlaJ.wachovia.coml
Work Place: IWachovia Bank. NAI
How long have you lived in Collier County: 15-101
Have you ever been convicted of any offense against the law? ~
Are you a registered voter in Collier County? ~
Board / Committee Applied for: !Rural Lands Stewardship Area Review Committeel
Category: !Not indicate~
7113/2007
Advisory Board Application
.
.
Page 2 of2
Agenda Item No. 9B
October 23. 2007
Page 34 of 71
Do you currently hold public offfice? ~
~ served on the original Rural Lands Stewardship committee from 2000 to 2002,1
Do you currently or ever served on a Collier County Board or Committee? ~
Please list our communi activities:
currently serve on the Board of Directors of the Immokalee Friendship House and
aye previously served on the Board of Directors of the United Way of Collier
oun and the SW Florida Council of the Bo Scouts of America.
Education:
raduate of the University ofOkJahoma in 1979 with a degree in Business
dministration,
Exnerience:
have spent my career working witb financial institutions, witb most of tbat time
"ocusing in real estate lending, I currently manage Wachovia's Real Estate Financia
Services GrouD for West Florida.
7/13/2007
Advisory Board Application
.
.
Page 1 of2
Agenda item No. 9B
October 23, 2007
Page 35 of 71
tuckersam
From: filson_s
Sent: Wednesday, July 18, 2007 7:48 AM
To: tuckersam
Subject: FW: New On-line Advisory Board Application Submitted
From: rjohnson68@comcast.net [mailto:rjohnson68@comcast.net]
Sent: Tuesday, July 17, 2007 5:35 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: 7/17/20075:34:45 PM.
Name: !Richard Harold Johnso~ Home Phone: ~39-455-16971
Home Address: ~80 Weber Blvd N,I
City: !Naplesl Zip Code: 1341201
Phone Numbers
Fax: ~39-657-29671 Business: ~39-657-55351
e-Mail Address:~iohnson68rQ)comcast.ne~
Work Place: ISunniland Grovcsl
How long have you lived in Collier County: !more than 151
Have you ever been convicted of any offense against the law? ~
Are you a registered voter in Collier County? ~
Board / Committee Applied for: !rural lands stewardship arca review committeel
Category: Iland owener in the RLSAI
7/18/2007
Advisory Board Application
.
.
Page 2 of2
Agenda Ite1n No. 9B
October 23, 2007
Page 36 of 71
Do you currcntly hold public offfice? ~
Do you currently or ever served on a Collier County Board or Committee? ~
Please list your community activities:
I
Education:
!B.S. Construction Tcehnology from Eastern Kentucky Univ.1
7/18/2007
Advisory Board Application
.
.
Page 1 of2
Agenda Item No, 9B'
October 23, 2007
Page 37 of 71
filson_s '
From: TJONES@BARRONCOLLlER.COM
Sent: Wednesday, September 19, 2007 5:33 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: 9/19/2007 5:32:35 PM.
Name: trHOMAS JONEs! Home Phone: 1239-353-10891
Home Address: 13290 7TH AVE Nw\
City: !NAPLESI Zip Code: ~
Phone Numbers
Fax: 1239-403-68081 Business: 1239-262-2600\
e-Mail Address: [rJONES(a)BARRONCOLLIER.COMj
Work Place: !Barron Collier Companie~
How lon~ have you lived in Collier County: /more than 151
Have you ever been convicted of any offense a~ainst tbe law? ~
Are you a registered voter in Collier County? ~
Board / Committee Applied for: !Rural Lands Stewardship Area Review Committeel
Category: ~andownerl
Do you currently bold public offfice? IH2I
Do you currently or ever served on a Collier County Board or Committee? ~
Please list our communi activities:
ast of 951 Horizon Committee Previous- Water Man ement Adviso
Education:
lBs - Universitv of Marvland MBA - Florida Gulf Coast Universitvl
9/20/2007
Advisory Board Application
.
.
Page 2 of2
Agenda Item No. 9B
Octoher 23,2007
Page 38 of 71
9/20/2007
Advisory Board Application
.
.
Page] of2
Agenda Item No. 8B
Octo her 23, 2007
Page 39 of 71
tuckersam
From: filson_s
Sent: Saturday, July 14, 2007 8:57 AM
To: tuckersam
Subject: FW: New On-line Advisory Board Application Submitted
From: andrewm@Conservancy,org [mailto:andrewm@Conservancy,orgj
Sent: Friday, July 13, 2007 5:42 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
App]ieation was received on: 7/13/20075:41:33 PM.
Name: !Andrew Scott McElwainel Home Phone: ~39-272-55651
Home Address: 1]690 Birdie Drivel
City: Naplesl Zip Code: 134]201
Phone Numbers
Fax: I Business: ~39-403-42]01
e-Mail Address: landre'WlliiG)Conservancy.orgl
Work Place: IConservancy of Southwest Florid~
How long have you lived in Collier CountJ': [!]]
Have you ever been convicted of any offense against the law? ~
Are you a registered voter in Collier County? ~
Board / Committee Applied for: \Rural Land Stewardship Area Review Committeel
Category: !Not indicatedl
7/] 6/2007
Advisory Board Application
.
.
Page 2 of2
Agenda Item No. 98
Octoher 23. 2007
Page 40 of 71
Do you currently hold public offfice? ~
Do you currently or ever served on a Collier County Board or Committee? ~
Please list our communi activities:
of Southwest Florida Chairman, Environmental Resources Trus
Education:
.S., Carnegie Mellon University, Pittsburgh, PA M.A., George Mason University,
airfax, VA B.A., Duke Universi , Durham, NC
Ex erience:
resident, Conservancy of Southwest Florida, current. President, Pennsylvania
nvironmental Council, 1999-2005 Director of Environment Programs, The Heinz
ndowments, 1993-1999 Consultant, The Conservation Fund, 1991-93 Legislative
ssistant and Subcommittee Staff Director, U ,S. Senator John Heinz, 1985-1990 Also
served as Adjunct Faculty at the University of Pittsburgh and Carnegie Mellon
niversity, former Board member of; Pennsylvania Wildlife Federation, Western
ennsylvania Conservancy, Great Lakes Protection Fund, Sustainable Energy Fund 0
entral Pennsylvania, Dollar Energy Fund, Poconos Environmental Education Center
ennsylvania Organization of Watersheds and Rivers, and a former member of the
enns lvania De aliment of Environmental Protection's Citizens Adviso Council.
7/16/2007
Advisory Board Application
.
.
Page I of2
Agenda Item No. 9B
October 23, 2007
re6Ls1fjl~'if4J 6.,7-5
filson_s
-, ~rom: bigislandbill@aol.com
.>ent: Friday, October 05, 2007 2:50 PM
To: filson_s
Subject: New On-line Advisory Board Application Submitted
Advisory Board Application Form
Collier County Government
3301 E. Tamiami Trail
Naples, FL 34112
(239)774-8999
Application was received on: 10/5/20072:50:28 PM.
Name: !william L. McDaniel, Jr.1 Home Phone: ~39-253-l6l71
Home Address: 17000 Bi~ Island Ranch Roadj
City: /Naple~ Zip Code: IE!:!2l
Phone Numbers
Fax: ~39-455-663~ Business: 1239-455-12181
e-Mail Address: /bi~islandbill(Q)aoLcoml
Work Place: [Big Island Excavatin~, Inc.1
How IonR have you lived in Collier County: \more than 151
Have you ever been convicted of any offense a~ainst the law? IEI2I
Are you a registered voter in Collier County? ~
Board / Committee Applied for: !Rural Land Stewardship Review Committe~
Category: /Not indicated!
Do you currently hold public offfice? ~
lEast of951 Infrastructure and Services Horizon Study Public Participation Master Committee:
Do you currently or ever served on a Collier County Board or Committee? ~
Please list our communi activities:
orkscrew Island Nei hborhood Association: Presiden
Education:
k:ollege: Maioring in Accounting and Computers. minor in Economics.!
10/5/2007
rl.U.".l~UIY L.JUWU rl.PPU\.<a.UVll
-
.lae;'I;; ..Vl..
in Accoun
Page 2 of2
Agenda Item No. 9B
October 23, 2007
Page 42 of 71
Ex erience:
eal Estate Broker since 1987 Excavation Contractor since 199
10/5/2007
Advisory Board Application
.
.
Agenda~rJN\ M~~
October 23, 2007
Page 43 of 71
tuckersam
From: filson_s
Sent: Tuesday, July 17, 2007 11 :05 AM
To: luckersam
Subject: FW: New On-line Advisory Board Application Submitted
From: amegrath@landplanningsolutions.us [mailto: amegrath@landplanningsolutions.us]
Sent: Tuesday, July 17, 2007 10:48 AM
To: filson_s
Subject: New On-line Advisory Board Application Submitted
Advisory Board Application Form
Collier County Government
3301 E. Tamiami Trail
Naples, FL 34112
(239)774-8999
Application was received on: 7/17/200710:48:27 AM.
Name: (Allison Delaine Megrath) Home Phone: ~39-455-51541
Home Address: 14290 14th Street NE/
City: !Naplesl Zip Code: 1341201
Phone Numbers
Fax: ~39-455-51541 Business: 1239-304-68371
e-Mail Address: larnegrathla1landplanningsolutions, usl
Work Place: !Land Planning Solutions. Inc.1
How long have you lived in Collier County: B
Have you ever been convicted of any offense against the law? ~
Are you a registered voter in Collier County? ~
Board I Committee Applied for: !Rural Land Stewardship Area Review Committeel
Category: !Not indicated!
7/18/2007
Advisory Board Application
.
.
PaGe 2 of2
Agenda lIEi'm No. 913
October 23. 2007
Page 44 of 71
Do you currently hold public offfice? ~
Do you currently or ever served on a Collier County Board or Committee? ~
Please list our communi activities:
to become Chair of the Promised Lands Section of the Florida Chapter of the America
lanning Association (Angust 2007-2009) (held Vice-Chair position from 2004-2007) _
arent Teacher Organization (PTO) Liaison to the Board of Directors for Christ
ommunity Lutheran School- 2007-2008 and 2005-2006 Church School Leader,
anderbilt Presb terian Church
Education:
achelor of Arts (Hons.) in Urban Studies University of Toronto Toronto, Ontario,
anada 1993
Ex erience:
Professional Land Use Planner since 1993 - member of American Institute of Certified
lanners (AICP) - Worked as a planner in both public and private sectors throughout
areer in Canada, Florida and North Carolina - Started own consulting firm in Naples
Land Planning Solutions}in March 2007 - Previously cmployed at WilsonMiller,
aples office, in Rural Land Stewardship Business Unit from January 2005 - March
~007 - while at WiIsonMiller involved in drafting Ave Maria Stewardship Receiving
ea document, assisted team with S1. Lucie County RLSA establishment and project
anager for Highlands County RLSA at Blue Head Ranch - after leaving WilsonMiller
d at elient's request, remain as project manager for Highlands County Rural Land
Stewardship Area at Blue Head Ranch - experienced in all other aspects ofland
Imming, zoning and pemlitting (rezonings. Developments of Regional Impact.
omprehensive Plan Amendments, site development plans and amendments, variances,
and severances, ermittin'. etc.)
7/18/2007
Advisory Board Application
.
.
Page I of2
Agenda Item No. 96
October 23, 2007
Page 45 of 71
filson_s
'~From: millymercado@yahoo.com
Sent: Monday, September 24, 20078:32 AM
To: filson_s
Subject: New On-line Advisory Board Application Submitted
Advisory Board Application Form
Collier County Government
3301 E. Tamiami Trail
Naples, FL 34112
(239)774-8999
Application was received on: 9/24/20078:32:14 AM.
Name: !Mildred Mercado! Home Phone: ~B9-304-01761
Home Address: 12965 Garland Roa~
City: iNaple~ Zip Code: ~41171
Phone Numbers
Fax: 1239-304-20051 Business: j239-304-017~
e-Mail Address:lmillymercado(a.)yahoo.com!
Work Place: ISeaside Properties of South Florida, Inc.1
How long have you lived in Collier County: [!QI
Have you ever been convicted of any offense against the law? IB.2I
Are you a registcred voter in Collier County? ~
Board / Committee Applied for: !Rural Lands Stewardship Area Review Committeel
Category: iNot indicate~
Do you currently hold public offfice? ~
Do you currently or cver served on a Collier County Board or Committec? ~
Please list our communi activities:
ember of NAB OR and Golden Gate Area Civic Associatio
Education:
IArts and Graphic Design Degree from New York City Technical College and Florida Licensed Real
9/24/2007
Advisory Board Application
!Estate Agent:
.
.
Page 2 of2
Agenda Item N~, 98
October 23, 007
r'age 40 of 71
Ex erience:
Director: Reader Mail- Hearst Corporation OwnerlDesigner: Milly Tech Graphics, Inc. Custo
ome Designer/Sales: Southwest Florida Builders, Inc. Real Estate Agent: Seaside Properties of
South Florida, Inc.
9/24/2007
Advisory Board Application
.
.
PMe I of2
Agenda Item No. 8es'
October 23. 2007
Page 47 of 71
filson_s
"rom: mercerlife@yahoo,com
Sent: Wednesday, September 19, 20071:05 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: 9/19120071:05:08 PM.
Name: !Richard B. Mercerj Home Phone: 1239-353-29051
Home Address: 1385 7th St. swJ
City: !Naple~ Zip Code: /341171
Phone Numbers
Fax: I Business: 1239-691-20181
e-Mail Address:lmercerlife(Qjyahoo.coml
Work Place: IRick Mercer - Real Estate Consultan~
How long have you lived in Collier County: !more than 151
Have you ever been convicted of any offense against the law? ~
Are you a registered voter in Collier County? ~
Board / Committee Applied for: !Rural Lands Stewardshipj
Category: !Not indjcate~
Do you currently hold public offfice? ~
Do you currently or ever served on a Collier County Board or Committee? ~
our communi activities:
e Cub Scouts Church Youth Pro aIll
Education:
IBs Civil Engineering - Pacific Western Universitvl
9/19/2007
Advisory Board Application
. .
.
.
Page 2 of2
Aqenda Item No, 98'
. October 23, 2007
Page 48 of 71
Ex erience:
ver 25 years in the real estate industry in various capacities. Civil engineer, developer, builder,
orumltant. Formal resume u on re uest.
9/19/2007
Advisory Board Application
.
.
Agenda ~t~~ ~oot~
October 23, 2007
Page 49 of 71
tuckersam
From: filson_s
Sent: Friday, July 20, 20077:46 AM
To: tuckersam
Subject: FW: New On-line Advisory Board Application Submitted
From: nanceg@earthlink.net [mailto:nanceg@earthlink.net]
Sent: Thursday, July 19, 2007 8:13 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: 7/19/20078:13:25 PM.
Name: trimothy L. Nancel Home Phone: ~39-455-22831
Home Address: !PO Box 9901291
City: lNaplesl Zip Code: ~4116-60611
Phone Numbers
Fax: ~39-455-58711 Business: 1239-641-54141
e-Mail Address:~ancegla>earthlink.ne~
Work Place: /Gargiulo, Inc.1
How long have you lived in Collier County: pnore than 151
Have you ever been convicted of any offense against the law? ~
Are you a registered voter in Collier County? ~
Board / Committee Applied for: iRLSA Review Committeel
Category: lNot indicatedl
7/20/2007
Advisory Board Application
.
.
Page 2 of2
Agenda Item No, 9B
October 23, 2007
Page 50 of 71
Do you currently hold public offfice? ~
IcAC Collier County MPO East of951 Committe~
Do you currently or ever served on a Collier County Board or Committee? ~
Please list our communi activities:
resident: Golden Gate Estates Area Civic Assoc, Board Member: Frangipani Ag
ommunity Civic Assoc. Volunteer Poll Worker Collier County Volunteer: Collie
oun Public Schools
Education:
A University of Florida/ Chemistry, Pol.Science BS University of Florida
orticulture UF Certificate Holder; Environmental Studies
Experience:
~O+ Years Agribusiness Managemen~
7/20/2007
Advisory Board Application
.
.
Page I of2
Agenda Item ~jo. 9S-
October 23. 2007
Page 51 of 71
filson_s
.- From: tnemecek@enaplesflorida.com
Sent: Friday, September 28, 2007 3:04 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: 9/28/2007 3:04:20 PM.
Name: trammie J. Nemecek! Home Phone: 1239-348-32511
Home Address: 1920 16th Avenue NEi
City: iNaple~ Zip Code: ~41201
Phone Numbers
Fax: 1239-263-60211 Business: j239-263-898~
e-Mail Address:ltnemecek(a.)enaplesflorida.coml
Work Place: \Economic Development Council of Collier CountY!
How long have you lived in Collier County: /more than 151
Have you ever been convicted of any offense against the law? ~
Are you a registered voter in Collier County? Iy e~
Board 1 Committee Applied for: !Rural Lands Stewardship Area Review Committe~
Category: iNot indicatedj
Do you currently hold public offfice? ~
Do you currently or ever served on a Collier County Board or Committee? ~
Please list our communi activities:
ammie Nemecek currently serves as president and CEO of the Economic Development Council of
Collier County (EDC). She has been with the EDC since 1994, serving in various capacities throughout
er tenure, including membership, operations, research, business retention & recruitment and industry
pecialist for the biomedical & information technology industries. In her capacity as president, she is
9/28/2007
Advisory Board Application Page 2 of2
- - ,.. . - . -Agenda Item No, 9
. . esponsible for the creation ~etention of high wage, knowledge-ba jobs throughol1L~ieI'3, 200
ounty, including the communities of Naples, Immokalee, Marco Island, Golden Gate and ~@ad6s
ity. The Economic Development Council of Collier County is a private, not-for-profit corporation. In
1997, a Public/private Partnership for Economic Diversification was established with the Collier
ounty Board of Commissioners. Since that time, the EDC has assisted businesses in the creation and
etention of over 3,000 jobs with a direct economic impact of over $200 million. Originally from
leveland, Ohio, T=ie moved to Naples in 1973. She attended Eckerd College and Hodges
niversity and holds a Bachelor of Science degree in management. She served as administrator for the
ifth Avenue Business Association in 1995, during the redevelopment of Naples downtown Main
Street, in addition to her more than 10 years of service with the EDC. Tammie currently serves on the
Stakeholder's Council for Enterprise Florida and is on the board of the Economic Development
oundation, Florida Economic Development Council, Florida Heartland Rural Economic Development
'tiative, Southwest Florida Workforce Development Board, Gulf Coast Venture Forum and
Southwest Florida Regional Development Corporation. Tammie was recognized in 2003 by Gulfshore
usiness Magazine and in 2007 by Gulf Coast Business Review as one of Southwest Florida's 40
der 40 top executives. In addition, ABW A recogni7~d T=ie Nemecek in 2005 for her business
eadership as part of the national Women in History celebration and she was also recognized in 2005
y Florida Trend for her efforts to attract new industry to the Florida Tradeport in Immokalee. In 2006,
odges University selected her to receive their Founders A ward, an honor annually conferred upon a
odges University graduate who haS provided outstanding and distinguished service to Collier and Lee
ounties. In 2007, Tammie received the Women of Achievement award from the American
ssociation of University Women. T=ie is a 2005 graduate of Leadership Collier and a member of
eadership Florida's Class of XXV. She is an advocate for collaborative relationships between indus
and education and creating a "community of opportunity" for Collier County. T=ie has three
hildren: Zac , Blake and L ndi.
Education:
lB.s. Management, Hodges University
9/28/2007
Advisory Board Application
.
.
Page I of2
Agenda Item No, 9B
October 23, 2007
Page 53 of 71
tuckersam
From: filson_s
Sent: Friday, July 13, 2007 10:37 AM
To: tuckersam
Subject: FW: New On-line Advisory Board Application Submitted
From: rnino@vanday.com [mailto:rnino@vanday.com]
Sent: Friday, July 13, 20079:57 AM
To: filson_s
Subject: New On-line Advisory Board Application Submitted
Advisory Board Application Form
Collier County Government
3301 E. Tamiami Trail
Naples, FL 34112
(239)774-8999
Application was received on: 7/13/2007 9:56:35 AM.
Name: !Ronald F.Ninol Home Phone: ~39-495-l4991
Home Address: ~3 5th Stree~
City: [Bonita Springsl Zip Code: 1341341
Phone Numbers
Fax: ~39-436-46361 Business: ~39-437-46011
e-Mail Address: Imino{a)vanday .con~
Work Place: ~anasseDay]or.LLPI
How long have you lived in Collier County: !more than 151
Have you ever been convicted of any offense against the law? ~
Are you a registered voter in Collier County? IYesl
Board 1 Committee Applied for: [Rural Lands Stewardshipl
Category: !Not indicatedl
7113/2007
Advisory Board Application
.
.
Page 2 of2
Agenda Item No. 96
October 23, 2007
Page 54 of 71
Do you currently hold public offfice? ~
Do you currently or ever served on a Collier County Board or
Committee? ~
Please list your community activities:
/Nonel
Education:
!Bachelor and 2 masters, Mich. state Univ.1
Ex erience:
rofessional communit
7/13/2007
Advisory Board Application
.
.
Page 1 of2
Agenda Item No. 9B
October 23, 2007
Page 55 of 71
filson_s
"rom: joh n, pinholster@kraflconstruction,com
Sent: Friday, September 21, 2007 2:25 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: 9/21/20072:24:31 PM.
Name: ~ohn Pinholste~ Home Phone: ~39-649-87151
Home Address: 11969 7th Street sl
CitY: iNaple~ Zip Code: ~41021
Phone Numbers
Fax: 1239-435-382~ Business: 1239-280-29051
e-Mail Address:~ohn.pinholster@)kraftconstruction.coml
Work Place: !Kraft Construction Company. Inc.1
How long have you lived in Collier County: 13-41
Have you ever been convicted of any offense against the law? ~
Are you a registered voter in Collier County? IYe~
Board 1 Committee Applied for: IRLSA Review Committe~
Category: iNot indicate~
Do you currently hold public offfice? ~
Do you currently or ever served on a Collier County Board or Committee? ~
Please list our communi activities:
oard Member - Eonomic Development Council Leadership Florida - Member (previous Board
ember) Young Presidents Organization - Member Central Florida Leukemia and Lymphoma Society
eam in Training BOD - Walt Disney Memorial Cancer Institute BOD - Heart of Florida United Way
aD - Leadership Orlando Chamber of Commerce Board of Trustees Vice Chair for Design Arts
9/21/2007
Advisory Board Application
. Division - United Wa
Arm.am m
Arnold Palmer National Ad.
Page 2 of2
Agen<=Ja Item No, 9
Council October 23, 200
Page 5b 01 f1
Education:
eorgia Institute of Technology - Masters of Science in Civil Engineering, Construction Managemen
lorida Institute of Technolo - Bachelors of Science in Ocean En ineerin
EXDerience:
ohn has more than 23 years of experience in aU aspects of the construction industry, in addition tc
xperience as a design engineer and owners representative. John is currently the President of Kraft
Construction Companv, Inc.
9/21/2007
Advisory Board Application
.
.
Page I of2
Agenda Item No. 98'
October 23, 2007
Page 57 of 71
filsoo_s
From: Janice_Siegel@doh,state,fl,us
Sent: Thursday, September 13, 2007 11 :01 AM
To: filson_s
Subject: New On-line Advisory Board Application Submitted
Advisory Board Application Form
Collier County Government
3301 E. Tamiami Trail
Naples, FL 34112
(239)774-8999
Application was received on: 9/1312007 11:00:43 AM.
Name: ~anice H. Siege!l Home Phone: ~50-05131
Home Address: ~895 Randall Blvd!
City: iNap]esl Zip Code: 1341201
Phone Numbers
Fax: I Business: 1774-823]1
e-Mail Address:~aniceSiege!(a.)doh.state.f1.u~
Work Place: !Department ofHealthj
How long have you lived in Collier County: [!QI
Have you ever been couvicted of any offense against tbe law? ~
Are you a registered voter in Collier County? ~
Board 1 Committee Applied for: !Rural lands stewardship/
Category: !Not indicatecJj
Do you currently hold public offfice? ~
Do you currently or ever served on a Collier County Board or Committee? ~
Please list our communi activities:
perform outreach for the health department as the "Tooth Fairy". I have been in health care since
1975. I have held many positions within my professional organizations from local to national. I present
o local ora anizations on the to ic of the medica] - dental re]ationshi within the oralls stemic link.
911312007
Advisory Board Application Page 2 of2
. . Agenda Item No, 913'
Education: October 23, 2007
s a registered dental hygienist my education is varied. Beginning in education and psycho 61 ,m' f 71
lrst degree was in dental hygiene. I hold a BS in Health Arts and am a current Master's candidate in
erontolo at FGCU.
Ex erience:
have lived in Florida since 1975 from the "Keys" to Tallahassee. I have watched the changes an
ave witnessed the efforts to . de owth. It is time for me to ive back.
9113/2007
Advisory Board Application
.
.
Page 1 of?
Agenda Item No, flB
October 23, 2007
Page 59 of 71
tuckersam
From: filson_s
Sent: Saturday, July 07,20079:16 AM
To: tuckersam
Subject: FW: New On-line Advisory Board Application Submitted
From: Neno@naples.net [mailto:Neno@naples.net]
Sent: Saturday, July 07, 2007 7:44 AM
To: filson_s
Subject: New On-line Advisory 80ard Application Submitted
Advisory Board Application Form
Collier County Government
3301 E. Tamiami Trail
Naples, FL 34112
(239)774-8999
Application was received on: 717120077:43:43 AM.
Name: lNeno J. Spagna, DPA, AICpl Home Phone: ~39-455-2l681
Home Address: 13850 27 Avenue swI
City: lNaplesl Zip Code: 1341171
Phone Numbers
Fax: I Business: I
e-Mail Address:lNeno(a.)naples.ne~
Work Place: k:;ity of Naples, Florid~
How long have you lived in Collier County: ~ore than 151
Have you ever been convicted of any offense against the law? ~
Are you a registered voter in Collier County? ~
Board 1 Committee Applied for: !Rural Lands Stewardship Area Review Committeel
Category: !Not indicatcdl
7/9/2007
Advisory Board Application
.
.
Page 2 of2
Agenda Ilem No, 9B
October 23. 2007
Page 60 of 71
Do you currently hold public offfice? ~
oilier County Rural Lands Area Assessment Oversight Committee Past Chairman,
oilier County Airport Authority Past Chairman, Collier County Water and Wastewate
uthority Collier County Fair Board Collier County Citizens Advisory Committee.
valuation and Review Committee, Chairman. Housin Committee
Do you currently or ever served on a Collier County Board or Committee? ~
Please list our communi activities:
olden Gate Citizen of the Year 2004 Past President, Golden Gate Estates Area Civic
ssociation Chairman, Naples Preserve Program Committee Past Chairman, Golden
ate Fire and Rescue District
Education:
Doctor of Public Administration, Nova University 1978 A.S., Urban Manaagement an
dministration, Manatee Junior College, 1975, Summa Cum Laude M.S. Urban and
egional PlaIlliing, Universidad del Valle, Cali Colombia, 1966 (Organization of
erican States Scholarship) M.S. Geography, University of Tennessee, 1954 M,S.
iolo ,Universi of Miami, 1954
Exnerience:
::urrently Employed by City of Naples 1980 to 2000, President, Florida Urban Institute,
(Private Planning Consultant) 1973-1979, Planning Director, Collier County, Florida
1966-1973, Planning Director, Manatee County, Florida 1956-1966, Planning Director,
Hollvwood, Florida
7/9/2007
Advisory Board Application
.
.
filson_s
Page I of2
Agenda Item No, 98
October 23. 2007
Page 61 of 71
-rom: mtaylor@collierenterprises.com
Sent: Thursday, September 13, 2007 9:29 AM
To: filson_s
Subject: New On-line Advisory Board Application Submitted
Advisory Board Application Form
Collier County Government
3301 E. Tamiami Trail
Naples, FL 34112
(239)774-8999
Application was received on: 9/13/20079:28:31 AM.
Name: !Michael O. TaylOlj Home Phone: 1239-389-2532/
Home Address: 1109 Morning Star Cayl
City: lNaple~ Zip Code: 1341141
Phone Numbers
Fax: 1239-657-5297\ Business: 1239-657-51331
e-Mail Address:lmtaylor(a.)collierenterprises.coml
Work Place: !collier Enterprises Management, Inc.1
How long have you lived in Collier County: \more than 151
Have you ever been convicted of any offense against the law? ~
Are you a registered voter in Collier County? ~
Board 1 Committee Applied for: !Rural Lands Stewardship Review Committee!
Category: !Not indkatedj
Do you currently hold public offfice? ~
I.Collier County Environmental Advisory Board 1980 2.Collier County Soil & Water Conservation
oard 1979
Do you currently or ever served on a Collier County Board or Committee? ~
Please list our communi activities:
oard of Directors Immokalee Chamber of Commerce - Immokalee Rotary Club and Naples Chamber
f Commerce - Leadershi Collier ro
9/13/2007
Advisory Board Application
- Education:
luniverstity ofFlorida B.S. Degree in Agricultur~
.
.
Page 2 of2
Agenda Item No, 96'
October 23,2007
Page 62 of 71
Ex erience:
ong time resident of Collier County. Managed large Agricultural operations of Citrus, cattle and
egetable farming. Manage and oversee large land holdings in Collier and Hendry county. Recently
ppointed by Florida Govenor Crist to the Florida Citrus Commission. Participated in the Rural Lan
Stewardship Program through public imput. Knowledgeable in the Rural Lands program and its
otential for Ion term otection of the environment and rivate ro e ri hts.
911 3/2007
..&;0..."":.
~",.~~.
-'.._,
ttoard of County commissioner'
3301 East Tamiami Trail
Naples, FL 34112
(239) 774-8097
Fax: (239) 774-3602
Agenda Item No. 9B
October 23, 2007
P 63 of 71
Application for Advisory Committees/Boards
Name: Thomas M. Tavlor
Home Phone: 239-514-0896
Home Address: 481 Carica Rd.
Zip Code: 34108
Fax No. 239-254-2098 Business Phone: 239-254-2000 e-mail address: tomtavloriWhmene:.com
Place of Employment: Hole Montes lne.
Board or Committee Applied for: Rural Lands Stewardship Area Review Committee
Category (if applicable): Ene:ineer and Landowner
Example: Commission Distrir:t, Developer, environmentalist, lay person, ete.
How long have you lived in Collier County: Years 23 Months J!
Are you a registered voter in Collier County: Yes X No
Do you currently hold public office? Ycs _ No X
If so, wbat is that office?
Have you ever been convicted of any offense against the Law?
If yes, explain:
Yes NoX
Do you now serve, or have you ever served, on a Collier Count)' board or committee? Yes X No_
If yes, please list the committees/boards: Oriainal Gro",th Management Plan Committee
Please list your commuuity activities (civic clubs, neighborhood associations, etc. and positious held:
Currcnt: YMCA Board of Trustees - Chair Elect; Greater Naples Chamber of Commerce Board:
FGCU School of Engineering Board of Advisors: CREW Trust Board.
Past: Economic Development Council Board: Collier County Fair Board. United Way Board:
Lcadership Collier Class I: Leadership Southwest Florida: Leadership_ Florida Class XVI
Education: Bachelor of Science. Environmental Ene:ineerine:, University of Florida 1979
Experience: Mv professional exoerience as an em!incer in Collier County for more than 23
vears should be helpful as a committee memher,
As a General Partner of Lake Trafford Ranch (formerly Pepper Ranch). a
2500 acre property near lmmokalee, I have specific experience with the RLSA pro?ram.
Our Ranch is one of three landowners that have applied for and obtained Stewardship Credits
from Collier County,
Pleose attach any additional injortl'Ultion you/eel pertinent This app/i.cution should be forwarded to Sue Filson, Ex<<uttve Manager to
the Board of County Commissioners, 3301 East Tamiami Trail, Naples, FL 34112. /fyou wish,pleasefaxyour application to
(239) 774-3602 or e-mail to suefilson(ii)~oUiert!Ol'.neL Thank you for volunteering to serve the citizens of Collier CountY.
Advisory Board Application .
.
Page 1 of2
,'\genda Item No. 96
October 23 2007
Page 64 of 71
tuckersam
From: filson_s
Sent: Friday, July 13, 2007 12:42 PM
To: tuckersam
Subject: FW: New On-line Advisory Board Application Submitted
From: fntjr@aol.com [mailto:fntjr@aol.com]
Sent: Friday, July 13, 200711:41 AM
To: filson_s
Subject: New On-line Advisory Board Application Submitted
Advisory Board Application Form
Collier County Government
3301 E. Tamiami Trail
Naples, FL 34112
(239)774-8999
Application was received on: 7/13/200711:41:04 AM.
Name: \Fred N. Thomas Jr.1 Home Phone: ~39-657-54471
Home Address: 11205 Orchid Ave.1
City: ~rnn1okale~ Zip Code: /34142-28301
Phone Numbers
Fax: I Business: ~39-657-81811
e-Mail Address: ~ntjr(a)aol.con~
Work Place: IRetiredl
How long have you lived in Collier County: !more than 151
Have you ever been convicted of any offense against the law? ~
Are you a registered voter in Collier County? IY d
Board / Committee Applied for: jRural Lands Stewardship Area Review Comm.1
Category: !Not indicatedl
7/13/2007
Advisory Board Application .
.
Page 2 of2
Agenda Item No, 9B
October 23, 2007
Page 65 of 71
Do you currently hold public offfice? ~
mmokalee CRA Advisory, IMPVC, CAC of MPO,Immokalee Water and Sewe
oard
~e~ou currently or ever served on a CoIlier County Board or Committee?
Please list our communi activities:
ast President or Chair of: Immokalee Rotary, Immokalee Chamber 0
ommerce, CCPC. IMPVC.
Education:
jB.A. Psychology!
7/13/2007
-.
.~
.
.
.
;,~ -
.L\genda Item No, 9B
October 23. 2007
Page 66 of 71
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
(239) 774-8097
Fax: (239) 774-3602
Application for Advisory Committees/Boards
Name: ftL~'b N. ----r;+OA-\A.,S S~ HomePhone: Z3 J 6s""? s.-cf.~7
Home Address: /ZOS;- O~c.thjJ Ave. Zip Code: 3i-/<f2.- 2-[l-,gO
Fax No. Business Phone: Z-:J C; 65-7 .?/~mail address: ?/f./r oS ~ @ A ~ . C Cvft
R-~ r; nA. b
Place of Employeement:
Board or Committee Applied for. p'lf'a f J'i r,d S
3j?~p.rds;'y ~~~'V/~~ '} /
Category (if applicable):
Example: Commission District, Developer, environmeotalia:. ..,. perIOD. ete.
How long have you lived in Collier County: Years
/ i; Months
~ No /
/
7
Are you a registered voter in Collier County: Yes
Do you currently hold public office? Yes
If so, ",Iult Is that office?
No
Have you eiilr b~viCted of asy offense against the Law?
Tfy... ""phin: , ( -?~, c....
I,/"
No
Yes
/' No
Do you now serve. or have you ever served, on . Collier COUllty board or committee? Y cs
If yes, please list the committeeslboards:
S~€. [<:"6. ~ d,..,L
Please list your community activities (civic clubs, neighborhood association.. etc. and positions
beld:
.s~~ R.~ <..J "I..<z...
Education:
(SA
N o.eIa'--~ S74~ (f
f S; 'r cffo La C }..J
Experience:
~(/M,Ft..
SH.
Pit!tIM tIitizdt IUIY IIIId.itU1tud iIIftmlUltibll Jl'fH'/M pntiJr.ent. This qpliatiDII w.u be jI1t"WfUYIetJ tD s.e FIbunt,. ~ Mturqer to
rlteBDard DfCountyCOIJUIIinloItDS, 3301 &ut T...w..i T7'ltI4NIlpks,FL 3.112. IfJ'DII wi.~"pU.ufltxJNHUIlf'pac.m..,.
(239)774-3681 ore-#IUIiJ iii suefilslJ~ollU!1'1!'tJ"'lId. TJuzuy"'f/}r~g UJ UIW IIae t:!iIJuM bfC.DUr~.
.
-.
.
-.Fred N. Thomas, Jr.
Agel1dC~l\-I~pf ~B
October 23, 2007
Page 67 of 71
Fred N. Thomas, Jr.
BCB Board Member
AREA: Immokalee
CURRENT TERM: June 5,. 1998 - March 3, 2004
O_ALLY APPOINTED: June 5, 1998
APPOINTED BY: Governor Lawton Chiles
BIJn'HPl.ACI!: New York. City, NY
EDUCATION: B.A. Norfolk State University, Norfolk VA
OCCUPATION: Retired
ADDRESS: 1205 Orchid Avenue, Immokalee, R. 34142
PHKJNE:239-6S7-8181
EMAlL: fntjr@aol,corTl/l'ntJr@sfwmd.gov
PROFESSIONAL AND aUSINESS Al'FlUAnoNS:
. Governor's Advisory on Farmworker Affairs Chair
. Immokalee Rotary Member and Past President
. Immokalee Chamber of Commerce Board of Directors and
Past President
Recltands Christian Migrant Association Board of Directors
. lake Trafford Task Force
. Big Cypress Wildlife Institute Board Member
. Florida Assodation of HouSing and Redevelopment Officials
Member and Past President
. National Assodation of Housing and Redevelopment Officials
. Norfolk State Alumni Association
Omega PsI Phi Fraternity
. Immokalee Main Street Past PreSident
. Immokalee Enterprise Zone Clair
. Collter County Planning Commission Past Chairman
. Immokalee Foundation Vice President
. Leadership Collier aass ot 1992
Leadership Southwest Florida September 8-11, 1993
. Leadership Ronda Oass XVII
. Collier County Affordable Housing Commission
. Collier County Sher1tT's Commission
. NAACP, Collier County Executive Commtttee
. National RJne Association ute Member
home (text version) II Back to Di2Cvnress Basin Pal!cl[ &Mait
r who to contact. site map. search' webmasrer . site design. home
http://www.sfwmd.gov/org/bcb/3_thomas.html
L
10/22/04
, ~
. .
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
(239) 774-8097
Fax: (239) 774-3602
rcvtL O(o2Dl
Agenda Item No. 98
October 23, 2007
Paoe 68 of 71
Application for Advisory Committees/Boards
Name: PCl!l!V E. Whitbeck
Home Phone: 239- 353-2367
Home Address: 1450 Kapok Street
city: Naples
Zip Code: 34117
Fax No. 239-594-9566 Business Phone: 239-594-9770 e-mail address: pe!!!!Y.whitbeckuilironstonebank.com
or
peewbitbeliVaol.com
Place of Employment: IronStone Bank
Board or Committee Applied for: RURAL LANDS STEWARDSHIP AREA (RLSA) REVIEW CClolHI~TEE
Category (if applicable):
Eumple: Commission Diltrict, Developer, eaviroDmcDtalist.lay prnoo, etc.
How long have you lived in Collier County: Years: 21 Months
Are you a registered voter io Collier County: Yes _X_ No
Do you currently hold public office? Yes_ No _X_
I( so, what is that office'!
Have you ever been convicted of any offense against the Law?
If yes, explain:
Yes
No X
Do you now serve, or have you ever served, on a Collier County board or committee? Yes
Jfyes,. please list tbe committeeslboards: Jim Coletta's Civic Advisory Committee
No
Please list your community activities (civic clubs, neighborhood associations, etc. and positious held: President,
Secretary, and Treasurer of Frangipani Ag Community Civic Association, currently serviog as Treasurer;
Past Treasurer and current Secretary of Golden Gate Area Estates Civic Association; Past Treasurer of the
Golden Gate Chamber; Past Board Member of the Naples Kiwanis Club; Member of Jim Coletta's Civic
Advisory Committee; Cleveland Technical Society. Many other volunteer activities that are too numerous to
mention, i.e. Adopt a Precioct Clerk for 2006 eIection and agaio Clerk for the 2008 Election.
Education: Many years of education in Chemical Indnstry, Computer Industry, and Financial Industry.
Experience: 15 years of Research and Development for Sherwin William, 6 years of Computer development,
19 years of Banking and Fioancial
Plannm\!
.
.
Agenda Item No, 9B
October 23, 2007
Paoe 69 of 71
PI."., attDeh ""y tuId/IiDnaI Info_ _fm pertinem. This opp/koIUm s_ be fo""",*" to Sue FrIsutJ, Ex=ltive M--" to
the Botud ofOmmy o.mmissWners, 3301 Etut TomiIutrI TnI11, Nap/4, FL 34112. If yoM ....h, pkm'flDC yoM' tlJ'p1icIItUJn to
(239) 7744602 or e-mail to...udi/sortOJcollieN!lw.net. TlttUlk youfor volunteering to serve the citizms of Collier County.
Advisory Board Application
.
.
Page 1 of2
Agenda Item No. 96
October 23. 2007
Page70 of 71
tuckersam
From: filson_s
Sent: Wednesday, July 11, 2007 8:26 AM
To: tuckersam
Subject: FW: New On-line Advisory Board Application Submitted
From: davewolfley@aOl.com [mailto:davewolfley@aol.com]
Sent: Wednesday, July 11, 2007 8:26 AM
To: filson_s
Subject: New On-line Advisory Board Application Submitted
Advisory Board Application Form
Collier County Government
3301 E. Tamiami Trail
Naples, FL 34112
(239)774-8999
Application was received on: 7/11/20078:25:34 AM.
Name: \Dave Wolfleyl Home Phone: ~39-455-61l61
Home Address: /4250 - 1 st Ave. Nwj
City: lNaplesl Zip Code: ~
Phone Numbers
Fax: ~39-352-2l 001 Business: ~39-216-25851
e-Mail Address:~avewolf1eYlwao1.coml
Work Place: !Retire~
How long have you lived in Collier County: ~ore than 151
Have you ever been convicted of any offense against the law? ~
Are you a registered voter in Collier County? IYesl
Board 1 Committee Applied for: /Rural Lands Stewardship Area Review Committeel
Category: !Not indicatedl
7/11/2007
Advisory Board Application .
.
Page 2 of2
Agenda Item No. 98
October 23, 2007
Page 71 of 71
Do you currently hold public offfice? ~
~ollier County Planning Commission!
Do you currently or ever served on a Collier County Board or Committee? IYesl
Please list our communi activities:
oilier Rotary Club - President Elect Golden Gate Civic Assn. - Former Jim Coletta
ivic Advisory Group Naples Area Chamber of Commerce - Former CBIA - Forme
DC - Former
Education:
[Aims College - Greeley, CO Colorado School of Mines - Golden, col
Ex erience:
y former position with Time Warner Cable allowed me direct contact with
evelopers, home builders, land owners, county staff and elected officials; that couple
ith my term on the Planning Commission, and many community activities, provides
e with reat insi ht as to the future rowth of Collier Coun .
7/11/2007
EXECUTIVE SUMMARY
Agenda Item No, 9C
October 23, 2007
Page 1 of 7
.-
APPOINTMENT OF MEMBER(S) TO THE COLLIER COUNTY CITIZENS CORPS
OBJECTIVE: To confirm the appointment of a member to fulfill the remainder of a vacant
term representing the Sheriffs Office, expiring on November 5, 2009 to the Collier County
Citizens Corps.
CONSIDERATIONS: The Collier County Citizens Corps is an 1] member committee that
was established on November 5, 2002 by Ordinance No. 02-56 to provide information to the
citizens of Collier County and to act as a coordinating agency for the enhancement of activities
that support emergency services, law enforcement and disaster prevention, preparedness and
response. The committee will assist in the recruitment of volunteers by publicizing and
expanding existing community programs such as: Medical Reserve, Neighborhood Watch,
Community Emergency Response Teams, Volunteers In Police Service & othcr public safety and
law enforcement prograIl1s. They will also facilitate communication between Collier County &
State & Federal agencies on mitigation activities as well as to enable Collier County to identiry
outside resources sueh as grants, training opportunities and equipment. A list of the current
membership is included in the backup.
Captain Nancy L. Reed (representing the Sheriffs Offtce) resigned on September 7, 2006. A
letter was received from Sheriff Don Hunter on October 9, 2007 recommending that:
Lt. George Welch
~,
be appointed to fulfill the remainder of the vacant term representing the Sheriffs Office.
ATTENDANCE: Lt. Welch has been attending meetings (in a non-official) capacity for the last
year,
FISCAL IMP ACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the
recommendation for appointment, confirm the appointment ofLt. George Welch representing the
Sheriffs office, and direct the County Attorncy to prcpare a resolution confirming the
appointment.
Prepared By: Sue Filson. Executive Manager
Board of County Commissioners
Agenda Date: OCTOBER 23, 2007
-
Page I of I
Agenda Item No. 9C
October 23, 2007
Page 2 of 7
COLLIER COUNTY
BOARO OF COUNTY COMMISSIONERS
Item Number:
9C
Item Summary:
Meeting Date:
Appointment of member to the Collier County Citizens Corps.
10/23/20079:0000 AM
Prepared II)'
Sue Filson
Executive Manager to the Bee
Date
Board of County
Commissioners
BGG Office
AplJroved By
James V. Mudd
County Manager
Date
Board of County
Comnlissione,'$
COU1lty Managor's Offi';e
10113/200711:32 AM
Agenda item No 9C
October 23, 2007
Page 3 of 7
SHERIFF DON HUNTER. COLLIER COUNTY
3301 Tamiami Trail East, Bldg - J, Naples, FL 34112-4902
(239) 774-4434 www.coliiersheriff.org
September 20, 2007
Citizen's Corps
Collier County Government Center
3301 East Tamiami Trail
Naples, Florida 341]2
REF: Lt. George Welch
Dear Citizen's Corps Board Members:
Lt. George Welch is a distinguished and valued member of the Collier County Sheriff's
Office, who has performed several different duty assignments over his tenure of service
as an experienced law enforcement officer. In addition, his twenty years in the Air Force
Reserves illustrate his high level of energy and his tenacity to complete projects in a
timely manner. His competence and organizational skills will be quickly noticed when
working with a group or committee.
I support Lt. Welch's desire to be considered as a member of the Citizen's Corps.
Assisting the public and citizenry is a major personal strength that George will
demonstrate if provided the opportunity. Having witnessed his interactions with other
organizations, George is a "go to" person for getting tasks finalized.
If there are questions or concerns, please do not hesitate to call me,
DH:SS/mc
cc: F ile- We1chCitizemCorpsLetter-912007/hq/41 0
'> __. _~S.i~~~relY'
n.-~~.. r-
" 0 "H~oriff
Collier c~unj Florida
"The duty of the Collier County Sheriff's Office Is to preserve and protect
the lives, property and constitutional guarantees of all persons,"
lJ'h
[~
~~
.
filson_s
Page I of I
Agenda Item No, 9C
October 23, 2007
Page 4 of 7
Advisory Board Application
From: gnrsss2001@yahoo.com
Sent: Wednesday, December 20,20061 :14 PM
To: filson_s
Subject: New On-line Advisory Board Application Submitted
Advisory Board Application Form
Application was received on: 12/20/2006 I: 14: I 0 PM.
Name: Iaeorge E. Welch IIII Home Phone: ~39-455-24391
Home Address: 1241 8th Street S.E.!
City: !Naple~ Zip Code: ~
Phone Numbers
Fax: I Business: 1239-793-94451
e-Mail Address:ignrsss200l(a.)yahoo.com)
Work Place: !collier County Sheriffs Offic~
How long have you lived in Collier County: !more than 151
Have you ever been convicted of any offense against the law? IE!2I
Are you a registered voter in Collier County? IY e~
Board / Committee Applied for: !collier County Citizen Corps Advisory Committeel
Category: !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:
en Leader in Cub Scouts, 2001-2004 Various Coachin
sitions at BCHS 1997-199
Education:
High School Diploma - BCHS 1983 Associates Degree (Criminal Justive) - Edison College
Currently enrolled aI1d attending classes at International College of Naples towards a BS degree
in Criminal Justice
12/20/2006
Collier County Citizens Corps
Agenda Item No, 9C
October 23,2007
Page 5 of 7
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. Russell D. Rainey
3725 Montreux Lane, #104
Naples, FL 34114
E-Mail: rrainey@swfla.rr.com
District:
Category: Community Emergency Response Team CERT
430-0214
11101105
12/12/06
Ms. Deborah Horvath 596-6868
3060 Round Table Lane 775-8668
Naples, FL 34112
E-Mail: deborahhorvath@hotmail.com
District: I
Category: American Red Cross
11105/02
12/12/06
Captain Alejandro Castillo 775-9447 01/10/06
328 Lambton Lane 455-6684 12/12/06
Naples, FL 34104
E-Mail: Alejandro_Castillo@USS.salvationarmy.org
District: 3
Category: Salvation Army
Mr. Floyd R. Chapin
228 Selina Drive, #12
Naples, FL 34104
E-Mail: schapin43@aol.com
District: 3
Category: Collier Emergcncy Response Volunteers CERV
353-5006
11/01/05
12/12/06
Mr. Douglas E. Porter
1650 Mullet Court
Naples, FL 34102
E-Mail: dporterl43@comcast.net
District: 4
Category: Civil Air Patrol CAP
11101105
417-9890 12/12/06
'. """~.~",,-.::- ~.,:,:.,
Thursday. December 14,2006
._",.~.."
Page 1 oJ3
11105106
11/05/10
11/05/06
11/05/1 0
11/05/06
11105/1 0
11105/09
11/05/10
11105106
11/05/1 0
I Year
4 Years
4 Years
4 Years
-I Year
4 Years
4 Years
4 Years
1 Year
4 Years
Collier County Citizens Corps
Agenda Item No, 9C
October 23, 2007
Page 6 of7
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. James H. Elson 860-0009 11105102
680 8th Avenue, South 434-2652 12/12/06
Naples, FL 34102
E-Mail: jelsonl@comcast.net
District: 4
Category: Collier County Veterans Council
Mr. Reginald A. Buxton, II 572-0051 10/14/03
11806 Quail Village Way 514-2371 11101/05
Naples, FL 34119
E-Mail: nnjournal@swfla.rr.com
District: 3
Category: Business & Industry (Chamber)
-
~
Mr. Jerry Sanford 597.3222 09/28/04
1347 Old Oak Lane 596-7959 11/01105
Naples, FL 34110
E-Mail: gsanford@northnaplesfire.com
District: 2
Category: Collier County Fire Chiefs Association
Captain Walter R. Jaskiewicz
420 South Barfield Drive
Marco Island, FL 34145
E-Mail: captwrj@aol.com
District: I
Category: Coast Guard Auxiliary
11/05102
389-0723 11/01105
Mr. Gerald Sugarman 304-5444 01/14/03
1074 Camelot Cirele 304-5444 11101105
Naples,FL 34119
E-Mail: gerrysugie@aol.com
District: 3
Category: Retired Senior Volunteer Program RSVP
Thursday, Dec;;:;b~;J4, 200(j
Page:1 of3
11105106
11105/1 0
11105/05
11/05/09
11105/05
11105/09
11105/05
11/05/09
11105/05
11105/09
4 Years
4 Years
2 Years
4 Years
I Year
4 Years
3 Years
4 Years
3 Years
4 Years
Agsnda Item No. 9C
Oclober 23, 2007
Page 7 of 7
Collier County Citizens Corps
Name
Work Phone
Home Phone
Appl'd Exp. Date
DateRe-appt 2ndExpDaie
Term
2nd Term
Captain Nancy L. Reed . 60(".(.)
3301 E. Tamiami Trail 0'..\l ~~
Naples, FL 34112 q-,1
E-Mail: emops@coIliersheriff.org
District:
Category: Sheriffs Office
774-4434 I I/O 1/05
352-8863
11/05/09
4 Years
This 11 member committee was established on November 5, 2002 by Ordinance No, 02- to
provide Information to the citizens of Collier County and to act as a coordinating agency for the
enhancement of activities that support emergency services, law enforcement and disaster
prevention, preparedness and response. The committee will assist in the recruitment of
volunteers by publicizing and expanding existing community programs such as: Medical
Reserve, Neighborhood Watch, Community Emergency Response Teams, Volunteers In Police
Service & other public safety and law enforcement programs. They will also facilitate
communication between Collier County & State & Federal agencies on mitigation activities as
well as to enable Collier County to identify outside resources such as grants, training
opportunities and equipment.
FL STAT President through the Office of Homeland Security
Staff: Jim von Rinteln, Emergency Management Department: 774-8444
Thursday, December 14. 2006
Pagd of 3
Agenda Item No, 90
October 23, 2007
Page 1 of 19
EXECUTIVE SUMMARY
APPOINTMENT OF MEMBER(S) TO THE AFFORDABLE HOUSING COMMISSION
OBJECTIVE: To appoint 1 member to serve a 3 year term, expiring on October 1,2010, to the
Affordable Housing Commission.
CONSIDERA T1ONS: The Affordable Housing Commission is a 9 member committee
created by Ordinance 91-65 as amended to monitor the implementation of the Affordable
Housing Task Force's recommendations, and the goals, objectives, and policies of the Housing
Elements of the County's Gro\Vth Management Plan and the City's Comprehensive Plan;
investigate the feasibility of tax increment financing for infi'astructure for site development of
affordable housing for low income households; develop means or mechanisms to encourage a
voluntary program in which Realtors, and other holding dcposits such as escrow accounts of
earnest money deposits or security for rentals would deposit these in a selected bank where such
bank would contribute to the Housing Trust Fund a gift calculated on the average collected
balance for the month; investigate a plan for any linkage and inelusionary zoning
recommendations; review and determine the effect of propos cd ordinances of affordable housing
and make recommendations to the Board of County Commissioners and the Naples City
Council; and investigate any other relevant areas so directed by the Board of County
Commissioners. The Board of County Commissioners will appoint 8 members, including the
alternate member, two of which must live in the Rural Area (East of Collier Boulevard), and one
ofthose must be a resident of lmmokalee. The City of Naples will appoint 2 members. The
commission shall be comprised of members from the county-at-large, the City of Nap les- at-
large, the development community, atfordablc housing providers, financial institutions, the legal
profession and realtors, Terms arc 3 years. A list of the CUITcnt membership is included in the
backup.
The telm for Kenneth Kelly (rcprcscnting the category of Rcsiding East of951) expired on
October L 2007, A press release was issued and resumes were received ij'0111 the following 4
interested citizcns:
AI'PLlCAr\T
CATEGORY
IlIST ELECTOR AD\!. COVIM.
Christine HalOS),' Jones Mongagc/Banking Industry 4 'y'cs None
Rohert E. Harry, Jr, Mortgage Industry , \'es None
.,
Kenneth Kclly-reappt Construction'Resides Fast of 951 5 \'es Affordable Housing Commission
Code Enforcement Board
Molly Whalen Realtor 2 '-'0 None
ATTENDANCE: Kenneth Kelly - I excuscd absence and I unexcused absence
COMMITTEE RECOMMENDATION: Kenneth Kelly - rcappointment
FISCAL IMPACT: NONE
"......,
GROWTH MANAGEMENT IMPACT: NONE
AGenda Item No. 90
~ October 23, 2007
Page 2 of 19
RECOMMENDA nON: That the Board of County Commissioners consider the
recommendation for appointment, appoint 1 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: OCTOBER 23, 2007
Page I ot I
Agenda Item No. 90
October 23, 20(J7
Page 3 of 19
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
D[)
Item Summary:
Meeting Date:
AppuinllllE'nl of member 10 the Affordable Housing Cornmission.
10/23/2007 900:00 AM
PrCllared By
Sue Filson
Executive M<lI1'1ger to tllE' BCC
Date
Buard of County
Bce Office
Cornmissiollf'rs
ApllrOl'cd By
James V. 1~'Lldd
County Mal1af)N
Date
Board of County
C0l1111lis!;iol1ers
County Mall(1~J('r'" Office
10114/200712:44 PM
P.,genja It9m No. 90
October 23, 2007
Page 4 of 19
Memorandum
To:
From:
Date:
Subject:
Sue Filson, Administrative Assistant to BCC
Marcy Krumbine, Director of Housing and Human Services
September 14, 2007
Affordable Housing Commission
The Affordable Housing Commission has received and reviewed the four
applicants for one vacancy on the Commission.
The Commission is recommending the appointment of the following applicants to
the Affordable Housing Commission:
Ken Kelley - self-employed, construction industry
Ken has applied for a reappointment. During his one year on the Commission he
has had one excused and one unexcused absences,
Other candidates are listed below. None of these candidates meet the criteria of
living east of 951.
Christine Jones - mortgagelbanking industry
Robert Harry - mortgage industry
Molly Whalen - realtor
Agenda Item No. 90
October 23, 2007
Page 5 of 19
Affordable Housing Commission
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. James AI Pusateri
4971 Carromar Drive
Naples, FL 34112
B-Mail: jpusat6700@aol.com
District: I
Category: Attorney and Judge
02113/07
2 Years
775-7029
Mr. Stephen J. Hruby
1800 Gordon Drive
Naples, FL 34102
B-Mail: shruby@architectsunlimited.com
District: 4
Category: County - Architecture; Affordable Housing Dev
430-3005
430-8011
06/12/07
06/12/07
_H_
Ms. Sally A. Masters
4401 Pond Apple Drive, S.
Naples, FL 34119
E-Mail: TT4N@aol.com
District: 3
Category: AL TERNA TE
253-1579 09111/07
592 -5853
Mr. James A. Warnken 433-5554 09/11/07
208 Silverado Drive 353-1035
Naples, FL 341I9
E-Mail: jwamken@markham-norton.com
Distrid: 3
Category: Finance
Ms. Esmeralda Serrata 657-3649 OS/24/05
603 Nassau Street, Apt. 4 657-5838
Immokalee, FL 34142
B-Mail: cchafl@aol.com
District: 5
Category: Collier County Housing Authority
~".,"",'- ".\:<....~ .'C,-.
Thursday. September 13, 200i
Page] of]
10/01/09
10101/07
10101/10
4 MonthB
3 Years
10101/10
3 Years
10/01/09
2 Years
10/01/08
3 Years
Aqellda Ite:-n ~~o. 90
~ October 23, 2007
Page 6 of 19
( Affordable Housing Commission
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. John Barlow 6~9-6380 02/13/07 10/01/10 3 Years
4351 GutfShorc Blvd., N, #19N 649-6380
Naples. FL 34]03
E-Mail: johnbarlow@lerivage.net
District: 4
Category: Safelite auto Glass
. J
Mr, Larry H. Fleming ~)\':lY'~;if' 659-6464 05/09/06 04/18/09 3 Years
563 Park Shore Drive 0\' \ ~ ~34-2120
Naples, FL 34103
E-Mail: NaplesRealEst@aol.com
District: 4
Category: City
Mr. Cormac Giblin 6~9-4040 06/12/07 11/18/09 2 Years
770 Fountainhead Lane 649-8918
- Naples, FL 34103
(
E-Mail: CormacGiblin@w'i1sonmiller.com
District: 4
Category: City of Naples
Mr. Kenneth Kelly 435-0014 03/28/06 10/01/07 1 + Year ./
4:'('!' ] 6th Street, N.E. 354-2021
1"aplcs, FL 34120
E-Mail: ken@kellvroofing.com
District: 5
Category: Ro ling Contractor - Resides East of 951
Mr. Brian L. Goguen 262-2600 06/J 2/07 1 % 1/09 2 Years
6210 Golden Oaks Lane 513-0663
Naples, FL 34] 19
E-Mail: bgoguen@barroncollier.com
District: 3
Category: COUNTY - Bs Mgmt, EDC, Urban Lake Institute
Thursda)', September 13, 2007
Page (J
Agenda Item No, 90
October 23,2007
Page 7 of 19
Affordable Housing Commission
Name
Work Phone
Home Phone
Appt'd Exp. Date
DateRe-appt 2ndExpDate
Term
2nd Term
This 9 member commission was created on July 23,1991, by Ordinance No. 91-65, to monitor
the implementation of the Affordable Housing Task Force's Recommendations, and the goals,
objectives, and policies of the Housing Elements of the County's Growth Management Plan and
the City's Comprehensive Plan. Terms are 3 years,
Amended by Ordinance No, 2005-69: the BCC will appoint 8 members, including the alternate
member, two of which must live in the Rural Area (East of Collier Boulevard), and one of those
must be a resident of Immokalee. The City of Naples will appoint 2 members. The commission
shall be comprised of members from the county-at-Iarge, the City of Naples-at-Iarge, the
development community, affordable housing providers, financial institutions, the legal profession
and realtors,
On 12114/04 the BCC adopted Ordinance 2004-77 to add 1 Altemate member to be appointed by
the BCC. The Altemate member shall serve in a voting capacity only when a regular member is
absent from a meeting.
On December 13, 2005, the BCC approved Ord. No. 2005-69 changing the composition of the
committee, 9 members and 1 alternate. The BCC will appoint 8 members, including the alternate
(2 of which must live in the Rural Area (East of Collier Boulevard), and one of those must be a
resident of Immokalee) and the City of Naples will appoint 2 members.
Jessica Rosenberg, Deputy City Clerk 213-1015
FL STAT: none
Staff: Marcy Krumbine, Housing & H uma Services Director: 774-8442
,.... ,,' ,
Thursday, September 13,' 2007
Page 3 0/3
Aa:::nja item r'Jo. 9D
~ October 23. 2007
Page 8 of 19
MEMORANDUM
DATE: August 20, 2007
TO: Elections Office
FROM: Sue Filson, Executive Manager
Board of County Commissione
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 CoIIier County.
Also, please list the commission district in which each applicant resides.
AFFORDABLE HOUSING COMMISSION
COMMISSION DISTRICT
Christine Hatosy Jones
506] Kensington High Street
Naples, FL 34105
if
Robert E. Harry, Jr,
80 Logan Blvd., South
Naples, FL 341]9
'?
,~
Kenneth Kelly
4260 16th Street, N.E.
Naples, FL 34]20
c.../'
')
'-
Molly Whalen
3] 2] Sundance Cirele
Naples, FL 34]08
NK(-9 ')
Thank you for your help.
Page I ofl
Agenda Item r~o, 9D
October 23, 2007
filsoo_s Page 9 of 19
-.om: filson_s
...ent: Wednesday, August 22, 20073:38 PM
To: 'Molly.Whalen@comcast.net'
Subject: Affordable Housing Commission
Hi Molly,
After receiving your application for the Affordable Housing Commission, I sent your name to the Elections Office for
verification and they indicated that you were not registered to vote in Collier County. If you don't list your name
exactly as it appears on your elections card or if your address has changed this happens. If you would kindly send me
your registration number, we can straighten this out. Thank you for your interest in Collier County Government.
I look forward to hearing from you.
Sue :Fifson
Xxecutive :Manager, 'BCC
(239) 774-8097 pnone
(239) 774-8865 fax
suefifson,(j'coale rqov.l1 et
_ c
8/22/2007
MEMORANDUM
AGenda item No. 90
~ October 23, 2007
Page 10 of 19
DATE:
August 20, 2007
TO:
Marcy Krumbine, Housing and~i Services Director
Sue Filson, Executive Manager '
Board of County Commissione .
FROM:
RE:
Affordable Housing Commission
As you know, we currently have vacancies on the above-referenced advisory committee. A press
release was issued requesting citizens interested in serving on this committee to submit an
application for consideration. I have attached the applications received for your review as follows:
Christine Hatosy Jones
5061 Kensington High Street
Naples, FL 34105
Robert E. Harry, Jr.
80 Logan Blvd., South
Naples, FL 34119
Kenneth Kelly
4260 16th Street, N.E.
Naples, FL 34120
Molly Whalen
312 I Sundance Cirele
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 inelude 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
Attachmcnts
filson_s
Page I of2
Agenda ltem No. 90
October 23, 2007
Page 11 of 19
Advisory Board Application
~t:
~:
christine,h,jones@bankofamerica.com
Sunday, August 05, 2007 4:49 PM
filson_s
-~rom:
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: 8/5/2007 4:48:39 PM.
Name: jchristine Hatosy Jone~ Home Phone: 1239-354-26051
Home Address: 15061 Kensington High Stree~
City: /Naple~ Zip Code: ~41051
Phone Numbers
Fax: ~39-659-225q Business: 1239-659-22421
-") e-Mail Address:!christine.h.iones(a.)bankofamerica.coml
Work Place: !Bank of Americ~
How long have you lived in Collier County: [ill
Have you ever becn couvicted of any offense against the law? ~
Are you a registered voter in Collier County'! ~
Board / Committee Applied for: !Affordable Housing Committeel
Category: I
Do you currently hold public offfice? ~
Do you currently or ever served on a Collier County Board or Committee? ~
-4 Please list our communi activities:
ortgage Bankers Assoc. of Florida - Governor Mortgage Bankers Assoc. ofSW Florida - President
ortgage Bankers Assoc. of SW FL - Treasurer Mortgage Bankers Assoc. of SW FL - Secretary CBIA
SMC - Director 2007 Class of Leadershi Collier Volunteer - Sexual AssaultIVictim Assistance
8/20/2007
Advisory Board Application
Education:
i h School, Wheaton, MD Some CoIle
Page 20f2
A",r-,y."" It~'Ti J\Jc JO
o Oct~ber 23, 2007
Page 12 of 19
.
Ex erience:
ortgage banking since 1982 Worked with Pulte Homes developing MPDU's for affordable housin
. the 1980's Chamber of Commerce of Greater Naples - Cure for the Crisis panelist Chamber
nvolvement with Affordable housin
.
.
8/20/2007
filson_s
Page I of2
Agenda Item No, 9D
October 23, 2007
Page 13 of 19
Advisory Board Application
-"'rom: rharry.ncm@earthlink,net
~t: Monday, August 06, 2007 11 :51 AM
~: 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: 8/612007 11 :51 :26 AM.
Name: !Robert E. Harry, Jr.1 Home Phone: 1239-348-792~
Home Address: 180 Logan Blvd. Southj
City: !Naple~ Zip Code: IHIT2l
Phone Numbers
Fax: 1239-325-555~ Business: ~39-325-55551
-, e-Mail Address:~harry.ncm(a.)earthlink.ne~
Work Place: !president/ Principal of the Reverse Mortgage Groun
How long have you lived in Collier County: ~
Have you ever been convicted of any offense against the law? IB.2I
Are you a registered voter in Collier CounQ'? Iy e~
Board / Committee Applied for: !Affordable Housing Commission!
Category: !Business Owner - Mortgage Compan~
Do you currently hold public offfice? IB.2I
Do you currently or ever served on a Collier County Board or Committee? ~
... Please list our communi activities:
e Leadership Institute Executive Management Program Naples Chamber of Commerce & Hodges
niversity (formally International University) Class of2007 Active Member, North Naples United
ethodist Church Member, Society of Certified Senior Advisors Member, Financial Freedom
dvisory CounceL I am I of 12, selected nationally, to sit on the advisory board of the nation's largest
8/20/2007
Advisory Board Application
Jreverse mortgage lender
.
.
.
8/20/2007
Page 2 of2
Agenda Item NOg9D
October 23 2 07
",age 140119
Education:
BA Finance, University of North Texas Karrass Negotiations Skills Training Effective Sales
anagement, University of Michigan Entreprenuer's Law School, Florida Gulf Coast Univ, Financia
al sts Trainin for Banks*Thrifts*Institutions, Univ. of Vir inia
Ex erience:
1986-1995 Federal Home Loan Mortgage Corporation - Freddie Mac, Marketing and Sales Woodland
ills, CA 1995-2004 ABN AMRO Mortgage Group Laguna Beach, CA V.P. National Correspondent
ending 2004-2005 ABN AMRO Mortgage Capital Markets Group Boca Raton, FL V.P. Financial
nstitutions 2005-Present Owner Naples Classic Mortgage, dba Reverse Mortgage Group During the
ourse of my 21 years in the mortgage industry, I have had unique exposure to the various affordable
ending initiatives offered by Freddie Mac and Fannie Mae. Currently, my company is a FHA
upervised lender and we are in the process of filing the required paperwork to become a Florida
ender and FHA non-supervised Full Eagle. I believe a critical part of "affordable housing" is
derstanding the available financing programs and the grants and subsidies availble to those who
ualifY. In addition, I spent] 7 years in Southern California as a working adult. California coastal
ommunities have traditionally faced very similar affordable housing issues to the ones which currentl
ace Collier County. I believe I can bring value and experience to the Affordable Housing Commission.
ome ownership is a core foundation for all communities. There are compromises and solutions to
xtend the benefits of home ownership to more citizens of Collier County. Thank you for consideration
f m a lication.
filson_s
Page I of2
!\genda Item No, 90
October 23.2007
Page 15 of 19
Advisory Board Application
--'om: ken@kellyroofing,com
....t: Friday, August 03,20071:56 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: 8/3/2007 I :55:59 PM.
Name: !Kenneth Kelly! Home Phone: ~5420211
Home Address: 14260 16th St NEj
City: lNaple~ Zip Code: ~
Phone Numbers
Fax: ~540324j Business: ~3500141
, e-Mail Address:lken(til)cellyroofing.com)
Work Place: !Kelly Roofin~
How lon~ have you lived in Collier County: \more than 151
Havc you ever been convicted of any offense against the law? ~
Are you a registered voter in Collier County? ~
Board / Committee Applied for: (Affordable Housing Commissio~
Category: I
Do you currently hold public offfice? ~
\Affordable Housing Commission; Chairman Code Enforcement Board:
Do you currently or ever served on a Collier County Board or
.. Please list your community activities:
I
~
Education:
I
8/3/2007
Advisory Board Application
Education:
I
Page 2 of2
Agenda Item No. 90
October 23, 2007
Page16of19
.
Experience:
I
.
.
8/3/2007
-4
-,
...
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
(239) 774-8097
Fax: (239) 774-3602
Agenda Item No, 90
October 23, 2007
Page 17 of 19
.
Application for Advisory Committees/Boards
Name:
Molly Whalen
Home Phone: 239-325-7984
Home 3121 Sundance Circle, Naples, FL
Zip Code:_34108
Fax No._800-878-9478
Business Phone:_239-280-6694
e-mail address:_Molly.Whalen@comcast.net
Place of Employment:_ERA ONESource Real Estate Services Center, NAPLES, FL
Board or Committee Applied for:_AlTordable Housing Commission
Category (if applicable):
Example: Commissioo District. Developer, eavironmentalist, lay person, etc.
How long have you lived in Collier County: Years_4
Months _8
Are you a registered voter in Collier County: Yes_X
No
Do you currently hold public office? Yes
Iho, wbat is that office?
No
x
Have you ever been convicted of any offense against the Law?
If yes, explain:
Yes
No_X_
Do you now serve, or have you ever served, on a Collier County board or committee? Yes
lfyes, please list the committees/boards:
No_X
Please list your community activities (civic clubs, neighborhood associations, etc. and positions held:
AlTordable Housing Committee Chair, Lehigh Acres Chambcr of Commerce; Bridgewater Bay
(Community in which I Live) Security Committee, Bridgewater Bay Planning Committee;
Member: Naples Area Board of Realtors; Women's Conncil of Realtors - Naples, National; Southwest
Florida Hispanic Chamber of Commerce; Lehigh Acres Chamber of Commerce; United States
Power Squadron; Naples Sailing and Yacht Club. Actively involved in fund raising activities for
Leukemia Society, American Cancer Society, and Cystic Fibrosis Foundation.
Edncation:_BA University of Massachnsetts, 1981
Experience:
See Attached
Please attach any additional information you feel pertinent This application should be forwarded to Sue Filson, Executive Manager to
the Board of County Commissioners. 3301 East Tamiiuni Trail, Naples, FL 34112. If you wish, please/ax your application. to
(239) 774-3602 or e-nwJl to .mdilson(ii;collieTPOt'.n.et ThanA you for volunteering to serve the citium of Collier County.
,~.genda Item No, 90
October 23, 2007
Page 18 of 19
. To: NAPLES AFFORDABLE HOUSING COMMISSION
FROM:
Molly Whalen, Realtor@
RE:
Vacancy
DATE:
August 27, 2007
Commissioners:
It is with great respect that I submit to you my application and experience for your review
for the vacancy on the Collier County Affordable Housing Commission.
In December of 2002, my husband Bill and I moved permanently to our current
residence at 3121 Sundance Circle from Milton, MA. Our decision to relocate was
because Bill had retired as a Sergeant from the City of Quincy Police Department after
32 years of service. We had been vacationing and investing in Collier County since
1993.
.
My desire to serve on the Collier County Affordable Housing Commission follows a
lifetime of community and civic service. Assisting those in need is a life promise, not a
casual involvement, for me. My past includes having served as a volunteer for more
than 15 years with the Massachusetts Cystic Fibrosis Foundation, as well as the
National Cystic Fibrosis Foundation. In addition, I chose to change careers and work
full time for the Cystic Fibrosis Foundation and served for 5 years as their Executive
Director. Also, my husband and I participated regularly with a program in Quincy called
Father Bill's" - a place for those in need of temporary housing or emergency housing.
My past also includes volunteering with the DOVE Shelter in Quincy, Massachusetts -
an emergency housing center for women who suffer from domestic abuse. Other
organizations for where I dedicated my time and efforts include the American Cancer
Society, the Leukemia Society, and the Susan G. Komen Foundation for women with
breast cancer. Also, I served as National Fundraising Coordinator for American Airlines
in their support of the National Cystic Fibrosis Foundation, and the Susan G. Komen
Foundation.
However, although my past activities indicate my desire to help others, my passion for
Affordable Housing is truly rooted right here in Southwest Florida. Being the spouse of
a retired law enforcement professional, I became aware through local friendships, how
difficult it was for our starting Deputies to find housing that they could afford. My
investigation has further revealed the number of Deputies that relocate on a regular
basis because their pay doesn't afford them the opportunity to own their own home
close to their work, and a home of substance to raise a family. I've also come to
understand the expense associated with recruiting, hiring and retaining not only law
enforcement personnel, but educators and their support personnel, and our medical
personnel.
.
Three years ago, I began my career here in Florida as a Realtor@, not to capitalize on
the boom of real estate, but to investigate what housing opportunities where available
for the essential service workers, and the service workers that made the community in
which we live so attractive to visitors and retirees, My investigation opened my eyes to
the challenges that these workers face.
-4
---,
At
Agenda Item No, 90
October 23. 2007
Page 19 of 19
My first discovery was that each year, the National Low Income Housing coalition
produces for Florida the "Out of Reach Report: that presents wage information for more
than 60 occupations for 18 of Florida's Metropolitan Areas. The purpose of this report is
to allow analysis of the annual incomes for workforce employees within these areas,
calculate the maximum mortgage that workforce employees can afford, based on each
market, and to provide a comparison about how much down payment and closing cost
assistance each workforce employee needs to afford a home in their community. This
report clearly demonstrates that first time homebuyers are unable to afford homes
based on their wages, and need a significant subside to purchase a home. The end
result that dramatically effects us all is that the members of our workforce are being
"priced out" of the housing market resulting in a significant deficiency of key employees
including teachers, nurses, law enforcement workers, emergency service providers,
medical and hospital employees, and service workers.
Continuing my investigation, I have become proficient on the support opportunities
provided by the Florida Housing Finance Corporation, SHIP Funds, and the funding
available through the USDA Rural Division. I have come to know and work with the local
groups such as Kathy Patterson of the Collier County Housing Development Corp.,
Erika Cooks of Lee County Housing Development. I have participated in training offered
by the Florida Housing Finance Corporation, and have attended their conferences and
will be present for their upcoming conference. I am proud to say that I have helped
countless families and couples find the assistance and education they need to obtain
affordable housing.
But the need for housing far exceeds one individual's abilities. To have the privilege to
serve with the Collier County Affordable Housing Commission, I would like to bring my
enthusiasm and commitment to identifying and obtaining the necessary assistance to
keep our essential service workers employed IN OUR COMMUNITY. As such, I hope
that you will consider what potential I may bring the Collier County Board of
Commissioners, Affordable Housing Commission.
Thank you for your consideration.
Molly Whalen
EXECUTIVE SUMMARY
Agenda Item No. 9E
October 23. 2007
Page 1 of 22
APPOINTMENT OF MEMBER(S) TO THE EMERGENCY MEDICAL SERVICES
ADVISORY COUNCIL (EMSAC)
OBJECTIVE: To appoint 2 members to fulfill the remainder of vacant terms for Commission
Districts] and 4, to the Emergency Medical Services Advisory Council.
CONSIDERATIONS: The Emergency Mcdical Services Advisory Council has 2 vacancies
representing Commission Districts 1 and 4, This 14 member council advises the Board of
County Commissioners on all aspects of emergency medical scrvices, including the operational
budget, level of service and equipment. Terms are 3 years. A list of the current membership is
included in the backup.
Commission District 1 seat is vacant due to a death and the term for Ms. Nancy C. Lascheid
(Commission District 4) expired on August 31,2007. A press release was issued and resumes
were received from the following 6 interested citizens:
APPLICANT
CATEGORY
DIST ELECTOR ADV. COMM.
Victoria DiNardo Commission District I 1 Yes None
A, James Meerpahl Commission District 2 2 'y'es None
Frank E. Mack Commission District 4 4 '{es None
Nancy C. Lascheid-reuppt Commission District 4 4 Yes EM SAC
Mary Jane Balun Commission District 2 2 Yes None
Andreas J, Mueller Commission District 4 4 )'es None
ATTENDANCE: Nancy C. Lascheid ~ Attended 5 of last 8 meetings: 3 excused absences
COMMITTEE RECOMMENDATION:
Nancy C. Lascheid (District 4) ~ rcappointment- term expiring on August 31. 2009
Victoria DiNardo (District l)~ new appointment - term expiring on August 31. 2008
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDA TlON: That the Board of County Commissioners consider the
recommendation for appointmcnt, appoint 2 members. and direct the County Attorney to prepare
a resolution confirming the appointmcnts,
Prepared By: Sue Filson, Executive Manager
Board of County Commissioners
Agenda Date: October 23, 2007
-
nlgc I 011
Agenda Item No. 9E
October 23, 2007
Page 2 of 22
COLLlIm COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
Meeting Date:
9"
Appoilllrnent of rnelllbt;IS 10 the Emergency Medical Services Advisory Council
10/23/2007900:00 AM
I)..el'....ed By
Sue Filson
Executive MaU<l9pt to till:' Bee
Date
Board of County
COl1lmissiorlers
BGG Office
Approved B,y
James V. Mudd
County Man<lyer
Date
Board of County
Commission€rs
County Manager's Office
10/14/200712:48 PM
Ageilda 11em t'~o. 9E
OClOber 23, 2007
Page 3 of 22
1",,,,,,,,,,r"''''~1,>...j(M ."._.'
S5S
Collier County Emergency Medical Services
Interoffice Memorandum
jeffpage@colliergov.net
239-250-8459
TO: Sue Filson
FROM: Chief Jeff Page, Collier County EMS
RE: Emergency Medical Services Advisory Council
DATE: October 12,2007
The EMS Advisory Council met yesterday afternoon and, after reviewing the
applications, the Council recommendations to the Board of County
Commissioners are as follows:
Nancy Lascheid for District 4
Victoria DiNardo for District 1
Ms Laschied attended five of the last eight meetings and was excused from the
three she missed.
Agenda item No. 9E
October 23. 2007
Page 4 of 22
Emergency Medical Services Advisory Council
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. Jeffery Scott Allbritten 732-3733 12113105 08/31/08 3 Years
1945 Empress Ct. 596-5942
Naples, FL 34110
E-Mail: jaIlbrit@edison.edu
District: 2
Category: Commission District
J
e~ "e 08/31/08
Mr, John Cassio J,e. _yO~ 253-5514 09113/05 3 Years
;v' 642-8981
1529 Buccaneer Ct. '
Marco Island, FL 34145
E-Mail: jcassio@gladescountryelub.com
District: 1
Category: Commission District
Dr. Douglas S. Lee 391-5600 10/24/06 08/31/09 3 Years
2614 TamiaIni Trail, #225 262-3644
Naples, FL 34103
E-Mail: duglee@hotmail.com
District: 4
Category: At-Large
Mr. Johan Domenie 09/12/06 08/31/09 3 Years
749 Bentwater Circle, #201 566-3179
Naples, FL 34108
E-Mail: HOBODORY@comcast.net
District_. 2
Category: At-Large
Ms. Nancy C. Lascheid 261-6600 07/25/06 08/31/07 1 Year ./'
4005 Gulfshore Blvd., N. #903 450-5526
Naples, FL 34103
E-Mail: nlascheid@aol.com
District: 4
Category: Commission District
""'':- ,.,..,. '-'.,..''-''-'-'-'.;'';,.'.,.
'Thursday,"'Septembl!~' 13,'joo'i'
Page J of4
Acwnca Item No_ 9E
~ October 23, 2007
Page 5 of 22
/ Emergency Medical Services Advisory Council
(
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. John C. Valenti 435-0205 10/24/06 08/31109 3 Years
1180 Camelot Circle 348-7193
Naples, FL 34119
E-Mail: jcvalentil@aol.com
District: 3
Category: Commission District
Mr. Richard Schmidt r<,S:fy"~ft'> 09/13/05 08/31108 3 Years
2786 Orange Grove Trail W~ 354-3490
Naples, FL 34120
E-Mail: rschmidt! 956@earth1ink.net
District: 5
Category: Commission District
Ms. Gail Dolan 262-3131 01113/98 08/31199 2 Years
P.O. Box 413029 09113/05 08/31108 3 Years
( Naples, FL 34101
E-Mail:
District:
Category: Naples Community Hospital
Commander Bill Rule
3301 E. Tamian1i Trail
Naplcs, FL 34112
E-Mail:
District:
Categol)': Sheriffs Department
793-9442 10/24/06
08/31/08
2 Years
Ms. Kathleen Marr
3301 E. TaIlliami Trail
Naples, FL 34112
E-Mail:
District:
Category: Health Department
774-8200 09/11107
(18/31108
I Year
- -,-,.
17rursday, September /3, -j007
Page .~ of 4
Agenda Item No. 9E
October 23. 2007
Page 6 of 22
Emergency Medical Services Advisory Council
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Fire Chief Jim McEvoy
735 Eighth Street, South
Naples, FL 34102
E-Mail:
District:
Category: City of Naples
434-4610 09/24/02
09/13/05
Dr. Jeff Panozzo 348-4000 10/24/06
6101 Pine Ridge Road
Naples, FL 34119
E-Mail:
District:
Category: Physicians Regional Medical Center
Dr. Robert Tober
P.O. Box 413029
Naples, FL 34101
E-Mail:
District:
Category: Ex-Officio Member
262-3131
Chief Michael Murphy 389-5040 11105/02
1280 San Marco Road 09/13/05
Marco Island, FL 34145
E-Mail:
District: I
CategolJ': Marco Island Police and Emergency Serviccs
Chief Rob Potteiger 213-4900 11105/02
4798 Davis Boulevard 09/13/05
Naples, FL 34104
E-Mail:
District:
Category: Collier County Fire Rescue/EMS
'-. - - ---...
< . .~. ., - ~'-~'
Thursday, September 13. 2007
Page3af4
08/31105
08/31108
3 Years
3 Years
08/31109
3 Years
08/31105
08/31108
3 Years
3 Years
08/31/05
08/31108
3 Years
3 Years
A~lenda item No. 9E
OctGber 23.2007
Page 7 of 22
Emergency Medical Services Advisory Council
Name
Work Phone
Home Phone
Appt'd Exp. Date
DateRe-appt 2ndExpDate
Term
2nd Term
This 12 member committee was created by Ord. No, 80-80 to advise the Board of County
Commissioners on aU aspects of emergency medical services in Collier County, including the
operational budget, level of service and equipment This committee also reviews complaints
and problems and recommends corrective action. Tenns are 3 years. Ord Amended on
10/10/00 to add a representative from Cleveland Clinic (Ord. 2000-70) Amended by Ord. No,
2002-39 to increase membership from 12 to 14 to include City of Naples Fire Rescue/EMS and
CoUier County Fire Chiefs Association, and to reduce ex-officio members from 3 to 1
FLSTAT:
Staff: Jeff Page, Emergency Medical Services Director: 774-8459
, -
Thursday, September 13, 2007
Pagr -. .44
Agenda Item No. 9E
October 23, 2007
Page 8 of 22
MEMORANDUM
;'-,. ~
" "'."",.
'- ,
'~'1
,.~ r
"
:-'.;1,;
DATE:
July 30, 2007
FROM:
Elections Office ~
Sue Filson, Executive Manager ,.' .
Board of County Commissione .,
TO:
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.
EMSAC
COMMISSION DISTRICT
Victoria DiNardo
9229 Museo Circle, Apt. 103
Naples, FL 34114
}
Thank you for your help.
Agenda Item No. 9E
October 23 2007
Page 9 of 22
MEMORANDUM
JUliO 2007 PM 1:<15
DATE:
July 9, 2007
TO:
Elections Office j&
Sue Filson, Executive MaI1ager '
Board of COWlty Commissioners "
FROM:
RE:
Voter Registration - Advisory Board Appointments
The Board of COWlty 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 CollierCounty.
Also, please list the commission district in which each applicaI1t resides.
EMSAC
COMMISSION DISTRICT
A. James Meerpohl
6170 Cypress Lollow Way
Naples, FL 34134
x
Frank E. Mack
3790 Rum Row
Naples, FL 34102
L{
Nancy C. Laschcid
4005 Gulf Shore Blvd., North, Apt. 903
Naples, FL 34103
L(
Mary Jane Balun
860A Meadowland Drive
Naples, FL 34108
c2
Andreas J. Mueller
203 Stanhope Cirele
Naples, FL 34] 04
L1
Thank you for your help.
MEMORANDUM
Agenda Item No. 9E
October 23, 2007
Page 10 of 22
DATE:
July 9, 2007
TO:
Jeff Page, EMS Director jf
Sue Filson, Executive Manager '
Board of County Commissione v
FROM:
RE:
EMSAC
As you know, we currently have vacancies on the above-referenced advisory committee. A press
release was issued requesting citizens interested in serving on this committee to submit an
application for consideration. I have attached the applications received for your review as follows:
A. James Meerpohl
6170 Cypress Lollow Way
Naples, FL 34134
Frank E. Mack
3790 Rum Row
Naples, FL 34102
Nancy C. Lascheid
4005 Gulf Shore Blvd., North, Apt. 903
Naples, FL 34103
Mary Jane Balun
860A Meadowlalld Drive
Naples, FL 34108
Andreas J. Mueller
203 Stanhope Circle
Naples, FL 34104
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 allY questions, please call me
at 774-8097.
Thank you for your attention to this matter,
SF
Attachments
Advisory Board Application
Page I of2
,EI,gerida It&m r'~o" 9E
October 23, 2007
i),...;;'a'JYI1 of 22
i-/ ; ~" .'
._~ ----
filson_s
From: jim_meerpohl@wellsfargois.com
"t: Friday, June 29, 2007 5:53 PM
~: 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: 6/29/2007 5:52:52 PM.
Name: lA, James Meerpoh~ Home Phone: 123959117931
Home Address: ~I 70 Cypress Hollow Way!
City: lNap1e~ Zip Code: 1341341
Phone Numbers
Fax: 123994935751 Business: ~39949353q
. e-Mail Address:Dimmeerpohlia)wellsfargois.coml
Work Place: IWells fargo Insurance Service~
How lonl: have you lived in Collier Count)': Pnore than ] 51
Have you ever been convicted of any offense against the law? ~
Are you a registered voter in Collier County? IY e~
Board 1 Committee Applied for: /Emergency Medical Service~
Category: /Not indicated!
Do you currently hold public offfice? ~
Served on Parks Advisory Board in 1978-79 to assist getting Co' ,lunity Park Bond issue passed
hich resulted in 70% approval for 5 50 acre parks in Collier C .nty (Veterans, Mackie,
mmokalee,Golden Gate, and East Na les
. Do you currently or ever served on a Collier County B, , ,d or Committee? ~
Please list our communi activities:
hairman of Collier Co. Red Cross] 996-98, Board M,rnber of Collier Co. Red Cross 1993-2000,
iwanis President 1989, Member from 1984 to prescnl,Kiwani', Board member or officer from 200 I to
7/9/2007
Advisory Board Application Page 2 of2
- Aaenda Item NO.9
006 Treasuer Collier Co. Humane Society I 986-89,Collier County Boy Scout MembeiSh' . 7
003,2004, aI1d 2006. Big Cypress Wilderness Institute Board and Vice Chair 2003 to preseilt',9P'lbflGh 2
ish and Wildlife Commission Regional Coordinator for Safety training 2003 to present, Treasurer of
hild Care of Southwest Florida 2003 to present, member Collier County RepublicaI1 Men's Club,
ember of North Na les Fire Control Adviso Board from 2001 to 2004.
..
--J
At
7/9/2007
Education:
ach of Arts Bowling Green State University 1973 Advanced studies @ University of North Carolina
d Eckerd College in Business Administration, Designations achieved from the Insurance Institute of
erica, Malvern Pennsylvania, Associte in Risk Management, Accreditied Advisor in Insurance, an
ave com leted 6 of 8 arts for Certified Pro e and Casu! Underwriter
Ex erience:
orked for Collier County and State of Florida as Employment Program Director 1975 to 1979,
sponsible for placing aI1d funding many public safety positions,(fireman, sherrif deputies, EMTs, etc
d individuals to fill jobs_ helped sart Ochopee Fire Department, Golden Gate Fire Department, East
aples Fire Department, and North Naples Fire Department. Helped sart Youth Relations Deputy
ogram with then SherrifRogers, Helped start the Wilderness Alternative Program with Judge Trettis,
tc.
Advisory Board Application
--~-_.,'"_.._...- -. "----~------------_.~-
Page I of2
Aqenda Item No, 9E
, October 23, 2007
Pqg~ .13 of ?]
:-',. '1.___
filson_s
From: femack8@netscape,net
Ant: Thursday, July 05, 200711:14 AM
~; 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: 7/5/2007 11:13:30 AM.
Name: IFrmk E Mack! Home Phone: ~39-262-739 II
Home Address: /3790 Rum Ro~
City: jNaple~ Zip Code: /341021
Phone Numbers
Fax: ~39-262-449~ Business: I
. e-Mail Address:~emack8(a.)netscape.ne~
Work Place: !Retiredl
How long have you lived in Collier County: !more than 151
Have you ever been convicted of any offense al:ainst tbe law? ~
Are you a rel:istered voter in Collier County? Iy e~
Board 1 Committee Applied for: frhe Emergency Medical Services Advisory Councill
Category: iNot indicate~
Do you currently hold public offfice? ~
Do you currently or ever served on a Collier County Boar' r Committee? ~
. Please list your community activities:
I
Education:
.S. BioJogy-Georgetown:M.D. Georgetown Univ. School of Medicine:2 Vrs. Surgerv Residency
7/9/2007
Advisory Board Application
-- -
d 3 rs. Anesthesiolo
.,.
,
.
7/9/2007
_ ..!\genda Ite
October
age
Page 2 of2
No. 81::
3,2007
4 of 22
- Board Certified in Anesthesiolo
Ex erience:
1. Cmdr USNR- taught at Bethesda Naval Hospital Assoc. Prof. Univ. of Miami, Surgery an
esthiology Director Recovery Room Chief, Cardiovascular Anesthesia Chairman, CPR
ommittee Chairman, Electrical Safety Committee Medical Staff, NCH Chairman Dept.
esthesiolo -multi Ie terms Secre - Treasurer Medical Staff-2 terms
Advisory Board Application
Page I of2
Agenda Item No, 9E
October 23, 2007
r . Pa,ge) 5 of 22
._-~Y~~..-.:.1-.__~_
filson_s
From: nlascheid@aol.com
Ant: Tuesday, July 03, 2007 8:07 AM
~: filson_s
Subject: New On-line Advisory Board Application Submitted
~. "";<(>1")' Hoard Application Form
Collier County Government
~301 E. Tamiami Trail
Naples, FL 34112
(239)774-8999
Application was received on: 7 ~007 8:07:24 AM.
Name: iNancy c. Laschei~ H e Phone: 1239-262-6608/
Home Address: ~005 Gulf Sh, Blvd. North, Apt. 9031
City: lNaple~ Zip Code: IE
Phone Numbers
Fax: 1239-26165821 Busine . 1239-261-660~
. e-Mail Address: Inlascheid _ ,lUl.COmJ
Work Place: lNeighborhc'.d Health Clinic!
How lonl( have you Ij, in Collier County: !more than 151
Have you ever been c, "ted of any offense against the law? ~
Are you a reJ!:istered voter in Collier Count).? ~
Board / Committee Arplied for: !Emergency Medical Services Advisory Cowlci~
Catel(ory: ~ . _atedj
Do you I':: Tently hold public oftlice? ~
!Emergency Medical Services Advisory Council 2006/20071
Do you currently or ever served on a Collier County Board or Committee? IYe~
. Please list our communi activities:
eighhorhood Health Clinic Co-Founder, Chamber of Commerce BOD, NCH Healthcare Systems
OD and Foundation. Leadershi Collier Foundation BOD, Collier Coun Medical Alliance BOD
Education:
7/3/2007
Advisory Board Application Page 2 of2
Agenda Item No, 9E
Education: October 23, 2007
egrees - RN and BSN. Schools - Allegheny College, Jackson Memorial. Washington & Jefferso 6 of 22
olle e, and Universi of Pittsbur .
w
-)
At
7/3/2007
Advisory Board Application
filson_s
Page I of2
Agenda Item No, 9E
Oct0ber 23. 2007
Page }3pf 12 c;./
--~~--_._---~----~-_._._..__._---_._-------~----~--,------~.._~_...-::.._-----
From: MJ,Balun@naplesdaysurgery,com
At: Monday, June 18, 2007 4:18 PM
~ 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: 6/18/2007 4:18:12 PM.
Name: !MAry Jane Balu~ Home Phone: 1239-566-96411
Home Address: 1860A Meadowland Driv~
City: lNaple~ Zip Code: ~41081
Phone Numbers
Fax: ~39-597-652~ Business: 1239-598-3111/
. e-Mail Address:IMJ.Balun(a.)naplesdaysurgery.coml
Work Place: iNaples Day Surgery LLCI
How long have you lived in Collier County: !more than 151
Have you ever been convicted of any offense a~ainst the law? ~
Are you a registered voter in Collier County? IY e~
Board / Committee Applied for: lMedical Emergency Services Advisoryl
Category: /Not indicated)
Do you currently hold public offfice? ~
Do you currently or ever served on a Collier County Board or Committee? IB.2I
. Please list your community activities:
I
Education:
!Registered Nurse Degree Registered for BSN nursing Drogran~
6/1 8/2007
Advisory Board Application
..
~l
At
6/18/2007
Page 20f2
Agenda item NO.9"
October 23, 2007
E. Page 18of22
x erlence:
have worked for 30 years as a registered nurse, 20 in peri-operative (Operating Room) experieinces.
have had the priviledge of serving for 15 years on the management team at Naples Day; 7 as a
irector of Clinical Operations of our North Campus. The Safety program for the Center has been a
art of my job decsription for the last 15 years. I would like to participate on a county level and feel
at I can bring some expertise to your board. If you should need my assitance in another area, I
ould be more than ha to be available for ou.
.
.
.
.
.. Advisory Board Application
Page I of2
Agenda Item r"O, 9E
October 23, 2007
Page 19 of 22.0
-'-'-------"----_.._._--~ ./
cl'~ it
/j 0/1'
./(0 l' (/
OJ ~f(l
filson_s
From: office@visitingangelsofnaples.com
Sent: Thursday, January 04. 2007 10:56 AM
To: filson_s
Subject: New On-line Advisory Board Application Submitted
Advisory Board Application Form
Application was received on: 1/412007 10:55:41 AM.
Name: !Andreas J. Muelled Home Phone: ~39-738-144~
Home Address: ~03 Stanhope Cirel~
City: \Naple~ Zip Code: p4104j
Phone Numbers
Fax: 1239-530-IIO~ Business: ~39-530-11011
e-Mail Address:pffice(ajvisitingangelsofnaples.coml
Work Place: !visiting Angels - Senior Home Car~
How long have you lived in Collier County: B
Have you ever been convicted of any offense against the law? ~
Are you a registered voter in Collier County? ~
Board / Committee Applied for: !Emergency Medical Services Advisory Counci~
Category: /Not indicatedj
Do you currently hold public offfice? ~
Do you currently or ever served on a Collier County Board 0' ':ommittee? ~
Please list our communi activities:
1ember of the Naples Interagency Council, Member of S'" r (Seniors and Law
nforcement to ether, Member of the Collier Coun Co'. .~il on Aging.
Education:
tfried von Weissenburg High School, Dahn, Germ, Graduation 1979 Nursing
School at University Hospital Homburg, Germany,' :.duation as Registered Nurse
1983 Johann Wolfgang von Goethe University, Fn::j;:furt, Germany University of
xford, Worcester College, UK University of Vilnius, Lithuania Scholarship of the
erman National Merit Foundation Graduation PhD in Social Science 1994
1/4/2007
.
" Advisory Board Application
Page 2 of2
Llgonrl" Item No, 9E
October 23, 2007
Page 20 of 22
...
.,
..
1/4/2007
MEMORANDUM
Ag9nda Item No, 9E
October 23.2007
Page 21 of 22
DATE:
July 30, 2007
TO:
Jeff Page, EMS Director ~
Sue Filson, Executive Manager I:..J/,
Board of County Commissione ;I
FROM:
RE:
EMSAC
As you know, we currently have vacancies on the above-referenced advisory committee. A press
release was issued requesting citizens interested in serving on this committee to submit an
application for consideration. I have attached the applications received for your review as follows:
Victoria DiNardo
9229 Museo Circle, Apt 103
Naples, FL 34114
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 inelude in your returP memo the attendance records of the applicants recommended for
reappointment.
Please categorize the applicants in areas of cxpertise. If you have any questions, please call me
at 774-8097.
ThaI1k you for your attention to this matter.
SF
Attachments
..
-l
~
Board of County Commissioners
330] East Tamiami Trail
Naples, FL 34] I2
(239) 774-8097
Fax: (239) 774-3602
Agenda Item No. 9E
October 23, 2007
Page 22 of 22
.
Application for Advisory Committees/Boards
Name: YI"h(/C{ b, N OJ'do Home Phone: ;J.2f!~ n3i/i!o~
Home Address: C/.)oo 'J... '1. M l.L St:'D Ci. rdt:. Aft (63 Zip Code: ~ 4/ (4
Fax No. Business Phon.,m- J.J?!T- ,3I:1::t. e-mail address:
Place of Employment: :::;~:,,:r i feu t11a.n ~m t'-d- G.-c<.. p, t ( .,.... . c{ a.
Board or Committee Applied for: EYYle.r-je-\1t.1 MeJ,..'u( -':;,41//.':><0,,"'1 telL/H''''' L,
Category (if applicable):
Example: Commission District. Developer. environmentalist, lay person, etc.
How long have you lived in Collier County: Years
Mouths I ()
Are you a registered voter in Collier Count).: Yes ~ ~o
Do you currently hold public office? Yes V
Ifso,whatisthatoffice? S'~ pt>rt/I ~()...,15 <~...LT"
Have you ever bee!). cqnvicted of any offense against the Law?
[fyes, explain: rt ?of iI, <.. '1" v
~o
( A-~c:.. ,- ~-h:LY1+
"'r' (' .v-e-ktv'Y
Yes
Ko ......./
v' No
F, ..../ 1 '",eK
Do you now serve, or have you ever sen'ed, on a Co Iier C ,unty ~oard or committee? Yes
Ifves,pleaselistthecommitteeslboards: ,l' "J,(t.r'-' "" .5...L'"- .r\t".~/--~ ~,
'. ,,(1",......',: Ve"..-j. i ",e. 4'
Please list vour community activities (civic club~~ neighborhood associations, etc. and positions
held: \;~+e...... r~:'.,+;^A..+tc'n ".\.vI rot'> \,:-..- +\.,-<, , ICCit{ l-Cil5'" e
,+ ~...:.i'rY1et'l.. .f:-+e..--.., ?J:(.e_ ((..~tt,'1 I Fi"r'I.l<t..
-
14; he ref A..... . r:r~
a. y-'t'
c :..<. t-t' v-
c 'yr,
'02."c<'Lt
~ ,rr .
Please attach any additional information you feel pertinent This application should be forwarded to Sue Filson, Executive Manager to
the Board of Count)' Commissioners. 3301 East TamiD.mi Trail, Napks. FL 34111. If you wi...h. please fax your application to
(239) 774-3602 or e-mail 10 .,>uefil...on(ih:ollieroov.net Thankyou for volunteering to serve the citizens o/Collier County.
EXECUTIVE SUMMARY
Agenda Item No. 9F
October 23, 2007
Page 1 of 9
APPOINTMENT OF MEMBER(S) TO THE HISTORICAL/ARCHAEOLOGICAL
PRESERVATION BOARD
OBJECTIVE: To appoint 1 member to serve a 3 year term, expiring on October 1,2010, to the
Historical! Archaeological Preservation Board.
CONSIDERATIONS: The HistoriclArchaeological Preservation Board had 1 term expire on
October 1, 2007 representing the category of Citizen- At-Large. This 7 member board is vested
with the power, authority, and jurisdiction to designate, regulate, and administer historical, and
archaeological resources in Collier County, under the direct jurisdiction and control ofthe Board
of County Commissioners. Terms are 3 years. A list of the current membership is ineluded in
the backup.
The term for Elizabeth M. Perdichizzi expired on October l, 2007. A press release was issued
and 1 resume was received from the fo 1I0wing interested citizen:
APPLICANT
CATEGORY
D1ST ELECTOR ADV. COMM.
Citizen-At-Large
Historical/Archaeological
Preservation Board
ATTENDANCE: Missed] meeting in 2007
COMMITTEE RECOMMENDATION: Elizabeth M. Perdichizzj - reappointment
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDA TION: That the Board or County Commissioncrs consider the
recommendation for appointment, appoint 1 member. and direct thc County Attorney to prepare
a resolution confirming the appointmcnt.
Prepared By: Sue Filson, Executive Manager
Board of County Commissioners
Agenda Date: OCTOBER 23, 2007
.-
Page I ot I
Agenda Item No. 9F
October 23, 2007
Page 2 of 9
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
91'
Item Summary:
Meeting Date:
Appoinlrmml of nwmbcr to the Historical/Archaeological Preservation Board.
10/23/200'/ 900:00 r~M
Prcparcd H}'
Sue Filson
E)<'ecutive Manager to the BeG
Date
Soanl of Gounty
Commissioners
Bce Office
Approved By
James V. Mudd
County ManagfJr
Date
Board of County
COl1lmissinnprs
County Manager's Office
10/14/20071 :03 PM
Agenda Item No. 9F
October 23, 2007
Page 3 of9
MEMORANDUM
Community Development & Environmental Services Division
Department of Zoning & Land Development Review
To:
Sue Filson, Executive Manager
Board of County Commissioners
From:
Melissa Zone, Principal Planner
Department of Zoning & Land Development Review
Date:
October 10, 2007
Subject:
Historical and Archaeological Preservation Board Membership Recommendation to the
Board of County Commissioners
In response to the Historical and Archaeological Preservation Board's two (2) advertised positions, I
have received I application. Please note that this applicant is requesting to be re-appointed to the
Preservation Board. The applicant was evaluated based upon their potential contributions to the
Committee. During the August 29, 2007, the Preservation Board voted to forward to the BCC the
following recommendations:
-
NAME TYPE OF TERM DISTRICT ABSENT FIELD OF EXPERTISE
APPOINTMENT EXPIRING 2007 (CURRENT EMPLOYMENT)
Elizabeth Reappointed to a 10-]-07 Not Teacher, Author, Puhlisher and
Perdichizzi second teffil for the appointed hy Civic leader
At-Lar~e Cate~ory, District
It should be noted that Elizabeth Perdichizzj is an active resident on Marco Island and some of her
accomplishments are as follows, Marco Island Historical Society Board of Director and past president
as well as the Co-chairperson of the Capitol Campaign Museum Fund. Elizabeth is also the Editor and
writer of the quarterly newsletter for the Marco Island Historical Society. Newcomers Club of Marco
Island, past president and serves on the Board of Directors for the Southwest Florida Archaeological
Society and past president. Also, Elizabeth has been a volunteer for the past 17 years with the Chamber
of Commerce
Originator of the Marco Island Historical Players, the ensemble performs reenactments of the pioneers,
founders and famous personalities of Marco Island.
Author of a play, "Florida Land Barons of the Golden Age". Book Author "Girl called Tommie"
Queen of Marco Island, published in 1999 and "Island Voices, They came to Marco Island", published
in 2006.
.4genda Ilem No. 9F
October 23. 2007
Page 4 of 9
Historical/Archaeological Preservation Board
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Ms. Elizabeth M. Perdichizzi 10/26/04 10101/07 3 Years /'
1200 Butterfly Court 394-6717
Marco Island, FL 34145
E-Mail: betsyperd@naples,net
District: I
Category: Citizen-At-Large
Mr. Ardavan Moaveni 263-2324 10/26/04 10101/07 3 Years /
4251 Gulfshore Blvd., N., #5A 649-6865
Naples, FL 34103
E-Mail: moaveni@aol.com
District: 4
Category: Law
Ms. Patricia A. Huff 695-2284 10111105 10/01/06 1 Year
P.O. Box 616 695-2397 10/10/06 10101/09 3 Years
Everglades City, FL 34139
E-Mail: snookcity@hotmail.com
District: 5
Category: History
Mr. Thomas W. Franchino 263-8357 07/31/01 10/01/02 I Year
183 Westwood Drive 513-9663 10/11/05 10/01108 3 Years
Naples, FL 34110
E-Mail: Tom@FranchinoLaw.com
District: 2
Category: Real EstatelLand Development
Mr. William J. Dempsey 261-9300 10/1 0100 10/01103 3 Years
1836 Harbor Lane 417-5683 10/10106 10101/09 3 Years
Naples, FL 34104
E-Mail: wjdempsey@napleslaw.com
District: 4
Category: Citizen-At-Large
~..:;:;.,.; c.;' ___7_' p_.,
Wednesday, November 15, 2006
Page 1 of3
Agenda Item i'Jo. 9F
October 23. 2007
Page 50f9
Historical/Archaeological Preservation Board
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Ms. Sharon Kenny 404-6261
411 I 7th Avenue South 430-8525
Naples, FL 34102
E-Mail: seankeny@aol.com
District: 4
Category: Historic PreservationlLandscape
04113/06
10/1 0106
10/01/06
10/01/09
7 months
3 Years
Mr. John W. Thompson
4775 Aston Gardens Way, Apt. #311 597-2269
Naples, FL 34109
E-Mail: JWTDLT@aol.com
District: 2
Category: Archaeology
10/15196
101lI/05
10101/99
10/01/08
3 Years
3 Years
Wednesday, November 15, 2006
Page ~- 3
Agenda Item No. 9F
October 23, 2007
Page 6 of9
Historical/Archaeological Preservation Board
Name
Work Phone
Home Phone
Appt'd Exp. Date
DateRe-appt 2ndExpDate
Term
2nd Term
This 7 member committee was created by Ord. No. 91-70, and repealed and amended by LDC
Div. 1.22.1 Ord, No. 91-102, This board is vested with the power, authority, and jurisdiction to
designate, regulate, and administer historical and archaeological resources in Collier County,
under the direct jurisdiction and control of the Board of County Commissioners. Membership is
composed of 7 members from the following categories: a. history: b. archaeology; c. Real Estate,
land development, or finance; d. architecture; e. law or urban planning; and, f. 2 positions will be
filled by citizens at large. Terms are 3 years.
FLSTAT
Staff: R"y Ddls,'''B, Principai Planner: '103-2400
()1e/, $<< '2011& ;;l.S;L-~6'i?
Wednesday. November 15, 2006
Page 3 of3
,
Agenda ltem ~~o. 9F
October 23. 2007
Page 7 of 9
MEMORANDUM
DATE: August 20, 2007
TO: Elections Office
FROM: Sue Filson, Executive Manager
Board of County Commissione
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.
HISTORlCAU ARCHAEOLOGICAL PRESERV A nON BOARD
COMMISSION DISTRlCT
Elizabeth M. Perdichizzi
1200 Butterfly Court
Naples, FL 34145
I
Thank you for your help.
MEMORANDUM
Agenda Item No, 9F
October 23. 2007
Page 8 of 9
DATE: August 20, 2007
TO: Ray Bellows, Principal Planne
\
FROM: Sue Filson, Executive Manager
Board of County Commissioner:;
RE: Historical! Archaeological Preservation Board
As you know, we currently have vacancies on the above-referenced advisory committee. A press
release was issued requesting citizens interested in serving on this committee to submit an
application for consideration. I have attached the applications received for your review as follows:
Elizabeth M. Perdichizzi
1200 Butterfly Court
Naples, FL 34145
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
.
.
Application for Advisory CommitteesIBoards
~i;5Cli>< f"~ \\i" P,nrl;(l,;-;>/ i Home Phone: '239
Home Address: (';lI!D eJ 1 , IT; "f I 't--~-1"!--Zip Code:
Fax No. 3 'I '1: -w '{ t I Business Phone: e-mail address:
.
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
(239) 774-8097
Fax: (239) 774-3(.02
"....,~ ,.-
~-," '-"
-~. ,..,.~
~;(".l,'C -.J'
Name:
Place of Employment:
Agenda Item No, 9F
Ostober 23, 2007
p e 9 of 9
'c,"':;
j'14--/.;917-
3l{-'IY-c.:;
be:.rs y (2ti.cA @ !f\"~~i
bJ
Board or Committee Applied for:
t.\1~\ nil ir /q f\<:..lAC,'-L'll'~rl:'q
I J
Catcgory (if applicable): ~ "'<
Example: Commission District, Developer, environmentalist, lay person, etc.
How long have you lived in Collier County: Years
Ii
Months
\\
. \
Are you a registered voter in Collier County:
YeS~~No
No II') ()
Do you currently hold public office? Yes
Ir so, what is that office?
Lf ),,,-,<:. (\ J(~tI1l)
Have you ever been convicted of any offense against the Law?
If yes, explain:
Yes
No
:'I1L;;
Do you now serve, or have you ever served, on a Collier
If yes, please list the committeeslboards:
Yes L. e.,
,",
No
/,
Please list your communitr activities (civic clubs, !,e~hborhood associations, et~. a~d positions _
held: , '. ". <"\ '" c < . \ .. V; ~ L
~.D f\) 'l <' () ,
~
<
'A
Experience: ~ l C"" rei, ~A..., L ,q (
.\_,! c< <.
L\Q.L~-q
) V'U..J~;-RLO-\
Please attach an} aMilional infvnnaiion yuu feel pertinent. Thi~' application ,~/wuld be furwarded to Sue Filson, Executive Manager to
the Board of County Commissioners, 3301 East Tamiami Trail, Naple.~, FL 34112. If you wish, please fax your application to
(2.:19)774-3602 or e-mail tosuefilMm@collien!(Jl..net. Thank you for volunteering to serve the citizen... of Ct,llier County.
Agenda Item No, 10A
October 23, 2007
Page 1 of 25
EXECUTIVE SUMMARY
Recommcndation to approve and adopt the Collier County Water-Sewer District's
Irrigation Quality (IQ) Water Policy and on the basis of that policy to authorize staff to
develop an IQ Water Master Plan and perform an IQ Water Rate Study.
OBJECTIVE: To gain approval and adoption of the Collier County Water-Sewer District's
Irrigation Quality OQ) Water Policy and, on the basis of that policy, authorize staff to develop an
IQ Water Master Plan and perform an]Q Water Rate Study.
CONSIDERATIONS: The Collier County Water-Sewer District (CCWSD) recognizes the
public purpose to conserve our limited high-quality raw water supplies to meet the growing
demands for potable water. The offset of potable water supply use by irrigation quality OQ)
water for non-potable water demand offcrs the potential for economic and environmental
benefits, as well as significantly reducing the demand for potable water.
The policy is consistent with the 2005 Wastewater Master Plan Update (Table 8-2. page 4 of 4,
lines 114 and 122) adopted by the Board of County Commissioners on June 6, 2006, Agenda
Item 10 B.
Eflluent is a direct by-product of the wastcwatcr trcatment process that, if not processed and
,,-, distributed as lQ water, must be disposed of through other processes (for example, deep well
injection). The opportunity to irrigate landscaping with an environmentally compliant product
rather than potable water provides direct benefits to lQ water customers, and indirectly to the
community as a whole. The distribution oflQ water for irrigation purposes holds the potential to
offset capital investment for potable water infrastructurc.
In that all CCWSD customers will realize thc potential economic and intangible environmental
benefits associated with the use of lQ watcr. it is the CCWSD's commitment to utilizc cfflucnt
dcrived from the wastewater treatment proccss as a source of lQ water and altcrnative watcr
resources.
The CCWSD IQ watcr program will continue to evolve as lQ water supply increases, Therefore,
the policies and assumptions of this program arc cxpccted to be updated as technological,
conservational and other alternatives become viable.
Initially, the CCWSD will prioritize its IQ water customers based on the offset of potable water
usage, the customer's ability to accept lQ water, the supply of IQ water, and other relevant
considerations. It will be the CCWSD's policy to adhere to the following priorities in delivery of
any available lQ water.
...-..
I. IQ water for use by government entities (i.e. Collier County government) utilizing potable
water where it can be replaced by IQ water. Envisioned usage is for irrigation for parks,
libraries, medians, schools, government campuses, and limited usage for industrial cooling.
Government entities and publie facilities will have the highest priority for lQ watcr service
beeause the eost savings directly benefit all rate/tax paycrs within the CC\VSD.
Executive Summary
Page 2
Agenda Item NO.1 OA
October 23. 2007
Page 2 of 25
2. lQ water for use by potable water customers located in the IQ Water Service Area who will
use the lQ water as a substitute for existing or future potable use based on the quantity of
potable water that will be conserved.
The prioritization specified above is intended to meet needs which would otherwise place
demands on potable water supplies.
FISCAL IMPACT: The fiscal impact of the JQ program will be dependent upon the lQ Water
Master Plan and the outcome of an IQ Rate Study.
GROWTH MANAGEMENT IMPACT: This project is consistent with and furthers the goals,
objectives, and policies of the Collier County Grov.1h Management Plan. This project meets
current Growth Management Plan standards to cnsure the adequacy and availability of viable
public facilities,
RECOMMENDATIONS: That the Board of County Commissioners approves and adopts the
Collier County Water-Sewer District's Irrigation Quality (IQ) Water Policy and on the basis of
that policy to authorize staff to develop an lQ Water Master Plan and perform anlQ Rate Study.
PREPARED BY: Peter Lund, Division Operations Analyst, Public Utilities Division.
Item Number:
Item Summary:
Meeting Date:
Page I ot I
Agenda Item NO.1 OA
October 23, 2IJ07
Page 3 of 25
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10/\
Hccornrnendation to ClfJprove and adopt the Collier County Water-Sewer Districts Irrigation
Ouality (10) \N"ter Policy 311d on the basis of that policy to authorize staff to develop an IQ
Water Master F'lan and perform an 10 Water Rate Study. (Beth Jolll1ssen, Wastewater
Irng~ltion Quality Manager.)
1 U/23/2007 B:ClO:OO MI1
Approved B)'
Thomas Palmer
County Attorney
Assi5tant County r.ttorney
Date
County Attorney Oflicp
10f11/2007 12:56 PM
Allproved Hy
G. George Yilrnaz
Puhlic 111i1ities
WasteWiller Director
Date
Wa5h~W"ter
10111/200712:59 PM
Apllroved By
Thomas Wides
Public Utilities
Operations Director
Date
Public Utilities Operatians
10111/20071:04 PM
Apllrllvcd By
Roy B. Anderson. P,E.
Pul)lic Utilili€s
Puhlic Utilities Engil1eerin~ Director
Date
Pu!Jlic Utilities Ellqinel-:rinq
10/11/20071:44 PM
AllPrond By
James W, DeLony
Public Utilili"s
Public Utilities Administrator
Date
Fublic UUlifics .!l.'ilnini<ijriltion
10/11/20071:44 PM
Allpnl\'cd B)'
OMS Coordinato!
Adlllilll';ll 111;)1" ~~"rvicf''''
/\ppIH;aiions Ani'llys1
Date
Inl,,1111a1i'1I\ Tc"hnobnv
10/11/20072:51 PM
Apllrond B)
r,'lllt1}. Gr~('llwi1jd
C'.)'1nIV M<nl;lq"",~ O[Jre'"
rJI,lna~lf'i11f!llUB'Jd9"t AI1<llyst
Date
'"lllicp of ~,1;)ll;I\]I'lll"nj &. F.<lld{l"t
10/12120U7 9'29 AM
Appruved By
Michael SnlJ'ko'NSki
(;qunly M<lI1<lQf!r'S Olfie€
f',1dl1a~J('lllen: & BlHlg01 Dir.>ctor
Date
(Hfirc r,f Mill1;)qCHl'Hlt 8.- FJlld9f~t
10/12120074:04 PM
Apllrond B)'
Jarn8~; V. r,ludd
BO;lI'd of Ci}l!nly
C0!l1n,i<3sil'Ilers
COllnty Millli19ur
Dale
ClJUlliy M,H\i1qpr's Offke
10J13!200710:32 AM
Aaenda Item NO.1 OA
, Ocbber 23, 2007
Page 4 of 25
Co~r County
- ...
..... - -
Collier County
Water-Sewer District
Irrigation Quality Water Policy
October 2007
Agenda Item NO.1 OA
October 23, 2007
CC W-SD Irrigation Qua]ity Water P6l'ill~e 5 of 25
Document Control
Version/status Date Change Author
Working Draft 20 July 2007 Format revision Beth Johnssen, IQ Manager
Peter Lund, Operations
Analyst
Review Draft ] 0 August 2007 Amendments various Beth Johnssen, IQ Manager
Peter Lund, Operations
Analyst,
IQ Policy Team
Review Draft 23 August 2007 PUD, Administrator Beth Johnssen, IQ Manager
approval Peter Lund, Operations
Analyst,
IQ Policy Team
Version 1 2] September 2007 Beth Johnssen, IQ Manager
Peter Lund, Operations
Analyst,
IQ Policy Team
10/] 1i2(J07
2 of 22
A.genda item No 10A
October 23, 2007
CC W-SD Irrigation Quality Water PcH'i:l:~e 6 of 25
CONTENTS
Section 1............................................................................................. ......... 4
Introd uctio n .. ....... ......... ....... .................. ......................... ............. ....... ....................... 4
Purpose oflrrigation Quality (IQ) Water Program ...................................................4
Vision ......................................................................................................................... 5
Section 2............................. ................................ ............... .......................... 6
Miss io n Sta tern en t ... .................... .......... ................ ................... ......... ............... .........6
Section 3................................................................ .................................. .... 7
Guiding Principles ..................................................................................................... 7
Section 4............................. ..................................... ........................... ......... 8
Definitio ns....... ............. ..................... ............ ............. ................................ ..... ...........8
Section .5...................................... .......................... .................................. ...12
Irrigation Quality (IQ) Water Policy...................................................................... 12
Fair and Reasonable Rates......................................................................................16
Co nsen'a tio n ...................... ............ ..... ....... ................... ................................. .......... 18
Section 6.......................... ........ .... .......................... .................................. ...20
Recommendations & Considerations for Master Plan Development....................20
Near Term (2008-2013) ...........................................................................................20
Long Term Recommendations (2013-2033)............................................................21
Considerations for Master Plan devclopment ........................................................22
)0!11/'2007
3 of 22
Agenda Item NO.1 OA
October 23, 2007
CC W-SD Irrigation Quality Water P6l'ill~e 7 of 25
Section 1
Introduction
The Collier County Water-Sewer District (CCWSD) recognizes the need to conserve our
limited high-quality freshwater supplies in order to meet the growing demands for water.
The offset of potable water supply use by irrigation quality (IQ) water for non-potable
water demand offers the potential for economic and environmental benefits, as well as
significantly reducing the demand for potable water.
The CCWSD IQ water program will continue to evolve as the population grows and IQ
water supply increases. Therefore the policies and assumptions of this plan are expected
to be updated as techno logical, conservational and other alternatives become viable.
Purpose of Irrigation Quality (IQ) Water Program
The District's strategy for developing the IQ water program can be organized into
the following categories:
. Wastewater Management
The Florida Department of Environmental Protection (FDEP) requires
consideration of use of IQ water for irrigation in the wastewater treatment
perrnitting process in lieu of disposal by deep well injection.
. Suiface 'Fater Management
The use of IQ water, in conjunction with the Aquifer Storage and Recovery
(ASR) program. contributes to surficial aquifer recharge, which supports
wetlands. enhances environmental quality and promotes sustainable surface
\vater management.
. Water Supply Management
The promotion of IQ water use offsets capital and operating investment
needed for the development of expensive alternative water supplies, which
benefits all water customers. Reduced witbdrawal of raw water through use of
IQ water will extend the sustainable capacity of the Collier County water
system.
. Education, ClJ/uervutioll und Leg(l(}'
Weather and population are seasonal in Southwest Florida, which means that
during the dry season, demands for water are exceptionally high. Aq uifer
replenishment is dcpendcnt on rain levels during the wet season, which in
recent years has been below average. As with the more arid areas of some
states we recognize the need to find alternate means of reducing the demands
for all types of water for irrigation purposes. Educational programs that
encourage general water conservation will raise awareness that water is a
limited resource. and by not conserving watcr we are in danger of limiting the
potable water availability for future generations.
IO/] 1/2()(J7
4 0122
,Agenda !tem No, 10A
October 23. 2007
CC W-SD Irrigation Quality Water Po1iJr~e 8 of 25
Vision
The vision for the lQ water program after full execution of the master plan may include
some or all of the fo 1I0wing scenarios:
. All of the larger public sites in the CCWSD's scrvice area are fully irrigated using IQ
water. This includes all large parks, smaller parks, roadway medians, all public
schools and colleges, and governmental facilities, where located near an IQ water
main.
. Many prh'ate sites with large landscapes are also irrigated with I Q water, particularly
wbere there are no permitted ground water sources available and the site is in close
proximity to IQ water mains. This includes large office complexes, business parks,
churches, private schools, golf courses and cemeteries.
. Alternative use of IQ water, such as air conditioning cooling towers, or other water
intensive industrial use.
. I Q water is used for landscape irrigation in dual piped developments within the
CCWSD that are in close proximity to IQ water mains.
. IQ water is used in new commercial buildings and multi-family residences for a
range of non-potable uses, such as flushing toilets, maintenance, ornamental
fountains and washing vehicles.
. Pre-existing sites are retrofitted in selected areas adjacent to IQ water mains to
receive IQ water for landscape irrigation. This can include older commercial sites, as
well as single-fillllily and multi-family rcsidential housing.
Although it is feasiblc through existing technology to use IQ water for potable uses the
CCWSD's strategy does not incorporate this element hy ~()3J. Therefore, the distribution
system is envisioned as a dual pipe system, with one set of water mains distributing
conventional potable water. and a sccond set of water mains carrying non-potable IQ
water. Related facilitics are also separated. This is consistent with current regulations and
codes.
This vision does not rcsult in distrihuting lQ watcr to every customer or street within the
CCWSD. Nonetheless, this vision will require installation of IQ water mains reaching
many different areas within the CCWSD.
Certainly a more expan5;;ve lIse (~l lQ water could a/.,'o he enl'is;oned, depending on
assuml'tions ahout the emlution of FDEI'. South Florida Water J\lanageme11l District
(,"'FWAID) und CCWSD ]Jolicies und ordinances. in addition to the CCWSD's investment
commitment.
10/] j/~007
5 of 22
Agenda Item NO.1 OA
October 23.2007
CC W-SD Irrigation Quality Water PcH'i:l:~e 9 of 25
Section 2
Mission Statement
The Collier County Water-Sewer District is committed to trying to meet the irrigation
needs of its customers in an economically and environmentally sustainable manner, by
promoting water conservation and the use of IQ water wherever possible consistent with
this policy.
lOllI/20m
60f22
Agenda Item t~o. 1 CiA
October 23. 2007
CC W-SD Irrigation Quality Water 1Rth@~ 10 of 25
Section 3
Guiding Principles
This IQ Water Policy is intended to provide beneficial public use by ensuring the
optimum potable watcr utilization of our limited raw water supplies. The following
guiding principles are to assist the CCWSD to provide IQ water to customers in a fair and
consistcnt manner.
. The CCWSD will create and maintain an IQ Water Master Plan to govern capital
and operating program elements.
. The CCWSD will establish a defined IQ Water System Senoice Area in order to
effectively plan for the capital and operating needs for providing service and
identifYing the customers to be served.
. The IQ Water System will provide best value and benefit all CCWSD customers.
. All IQ water facilities and infrastructure will be designed and implemented in
compliance with all applicable FDEP rules and regulations, Community
Development and Environmental Services (eDES) requirements and all other state
and local regulations and ordinances.
. Tbe CCWSD will financially account for the IQ Water System I" tracking operating
and capital revenues and expenditures of the IQ Water Sy' <'In separate(y from
accounting for potable water and wastewatcr systems.
.
The CCWSD will prioritize the availabi/i(1' and sale (!{ IQ
\",'hile recognizing its existing contractual commitments.
:!r to its customers.
.
All future IQ Water '<':I'stem customers will be re.lponsible
extending and connecting to the CCWSD's IQ Water Syste.
rheir allocable cost of
.
All exi.\'fing IQ Water System customers will be responsi
ofoper"ling, maintaining, and replacing of the CCViSD's
'or their allocable cost
.ing IQ Water System.
. The CCWSD will establish rates, fees and charges tl
adequate to recover the allocable costs of the IQ Water
Ire reasonable, fitir and
lem.
.
The CCWSD will allocate an IQ water quami(1' ba<
Rate of up to I inch per week on irrigable acreage
daily now to cach customer.
,n an lQ Water Application
. lressed as an annual average
.
The CCWSD will promote conservation of I(!
cOl1sen'ation of potable water resources on a Cl
ater and provide for maximum
. ffective basis.
All new and renewed Bulk Water Agreements shall hc con<istent with these principles.
JO/l 1,/~O(l7
7 of 22
Agenda Item NO.1 OA
October 23, 2007
CC W-SD Irrigation Quality Water P.aliy!j> 11 of 25
Section 4
Definitions
These are special usage definitions that may be used throughout this policy document.
Where a phrase or word does not exist, standard usage will apply.
Allocated Capacity - Allocated Capacity represents the amount of IQ water
for daily service expressed on an average annual daily flow (AADF) basis (not
to exceed the IQ Water Application Rate applied to the irrigable property of
each applicant for IQ water) which the CCWSD has identified as being
available and has allocated for use by the applicant. A Bulk Service
Customer's allocated capacity shall not exceed the IQ water capacity computed
for that applicant.
Aquifer Storage and Recovery (ASR) - The injection of water into
underground brackish water aquifers during wet periods to be pumped back to
the surface through the same well for use during dry periods.
Bulk Service Customers - Bulk Service Customers are individually metered
customers who:
o Provide on their site, customer-owned and maintained lined storage
facilities isolated from the storrnwater management system and with
capacity to meet their IQ water demand (expressed on an AADF basis
of the capacity allocated to such customer) f()r a minimum of 72 hours.
o Receive service that is interruptible.
o Reccive service that is gcnerally provided with minimum pressure.
o Receive service on an annualizcd daily basis throughout the calendar
year.
o Receive service at lQ water conservation rates when the customcr's
demand exceeds the allocated capacity by 20% during any billing
cycle.
o Are responsible for IQ water system after designated point of delivery.
o Commit to IQ water capacity reservation in cxcess of 100,000 gallons
per day (gpd) on an annual average basis.
o Receive service through a customer account-specific agreement
delineating conditions.
o Agree to use IQ water in lieu of CCWSD-supplied potable water or
their cutTent perrnitted groundwater withdrawals.
o Agree to convert their supplemental water use permit to standby or
transfer the pennit to the CCWSD.
Collier County Water-Sewer District (CCWSD) - An independent special
district within Collier County that is defined in the Special Act, Chapter 2003-
]0/] ]/2007
8 of 22
10/11:'2007
.Ilgdnda Item NO.1 OA
October 23, 2007
CC W-SD Irrigation Quality Water 1fuIirg~ 12 of 25
353, Laws of Florida, as such Act may be amended (which District is governed
by the Board of County Commissioners).
Government Entities - Govemment Entities are the departments and agencies
of Collier County, State of Florida, or federal government located within the
IQ Water Service Area and that requires or desire IQ water for irrigation of
roadway medians, buildings, public parking lots, parks, other recreational
facilities, public schools or other facilities such as courts and prisons.
Irrigable Acreage - the area of a customer's landscaping (in acres) that
requires irrigation.
Irrigation Quality (IQ) Water - Irrigation Quality (IQ) Water is water other
than potable water which meets all of the state and local regulatory
requirements as mandated by the FDEP permits and the Florida Administrative
Code (F.A.C.)
IQ Water Application Rate - The IQ Water Application Rate for the CCWSD
is up to l-inch per week on irrigable acreage to compute average annual daily
volumes of IQ Water for capacity allocation.
o As an example. a 100 acre irrigable parcel of land of a single
individually metcred eus/omer, at the rafe of 1 -ineh per week. will
provide a maximum capacify allocation of 387.900 gallons per day of
lQ wafer expressed on an average annual dailyflow basis (lOO acres x
./3.560 sq. .Ii/acre x I inch/week / 12 inches/foof x 7,-18 gal./cuhic
fiO/ / 7 days/week ~ 387.900 gallo/1,l/dOl').
IQ Watcr Capacity - IQ \\'ater Capacity is the customer account-specific
average annual daily demand for IQ water computed at the lQ Water
Application Rate applied to the customcr's irrigable acreage.
lQ Water Sen'iee Area - IQ Water Service Area is that geographic area
within the Collier County Water-Sewer District Boundary. but outside of other
water service arcas such as the Florida GoveI11mental Utility Authority or the
City of Naplcs, ,\here lQ water will be furnished in accordance with the
prioritization and decision criteria included in this policy and subsequent
master plan.
IQ Water System - A network of pipes, pumping facilities, and appurtenances
designed to convey and distribute IQ. supplemental, or a combination of IQ
and supplemental water. The IQ Water System does not include Deep Injection
Wells used for wastewater effluent disposal.
Master Meter - Per Ordinance No. 2004-31. a master meter is a radio read or
othcr water meter that measures the total gallons of water that flows through
such meter to measure the cumulative water bving scrvcd to a specific projcct,
9 of 22
]0/11/2007
Agenda Item NO.1 OA
October 23, 2007
CC W-SD Irrigation Quality Water Ifubi;g~ 13 of 25
development or portiones) thereof and which has many separate end users
being served by such master metered water (as distinguished from a water
meter that measures flow of water to separate end use customers or end use
water customer units).
Meter - Per Ordinance No. 2004-31, a meter is a device that measures the total
flow of water passing through a pipe.
Non-Potable Water - Per Ordinance No. 2004-31, "non-potable water" is
water that is not suitable for drinking, culinary, or domestic purposes,
including IQ and supplemental water, effluent, well water, storm water and/or
surface water.
Potable Water - Potable Water is water that complies with the applicable
Drinking Water Standards established by the State of Florida to classifY that
water as being safe for human consumption. (Per Ordinance No. 2004-31, the
definition is - Water that does not contain objectionable pollutants,
contamination, minerals, or infective agents and is classified by law, rule or
regulation as being acceptable for drinking, culinary, or domestic purposes.)
Prcssurized and Distributcd Customers - Pressurized and Distributed
Customers are individually metered customers who receive I Q water under
pressure and who's IQ system is maintained by the CCWSD.
Prcssurized Customcrs - Pressurized Customers are master metered
customers who receive IQ water under pressure, and:
. Are responsible for the distribution of IQ watcr to their irrigable areas
downstream of the master meter(s).
. Agree that the CCWSD will not be responsible for the water prcssure and
system maintenance downstream of the pressurized customer's master
meter(s).
. Recognize and agree that no IQ water provided by the CCWSD shall be
resold.
Supplemcntal Water Supply (aka Alternative Water Resource) - Per
Subsection 373.0 19( I), Florida Statutes, "Alternative Water Supplies" means
salt water; brackish surface and groundwater; surface water captured
predominantly during wet-wcather flows; sources made available through the
addition of new storage capacity for surface or groundwater; water that has
been reclaimed after one or more public supply, municipal, industrial,
commcrcial, or agricultural uses; the downstream augmentation of water
bodies with rcclaimed water; stonnwater; and any other water supply source
that is designated as nontraditional for a water supply planning region in the
applicable regional water supply plan. Supplemental Water Supply means any
ofthe Alternative Water Supply as defined above that may be lawtully used for
10 of 22
IO/l ]/2007
Agenda itern NO.1 0.1\
October 23, 2007
CC W-SD Irrigation Quality Watcr I/ahi;g~ 14 of 25
IrrIgation. However, in tbe context of this document, Supplemental Water
Supply shall exclude IQ Water and potable water supply distributed by the
CCWSD.
(Note that per Ordnance No. 2004-31, Supplemental Water is non-potable
ground water, stormwater, or surface water.)
Transmission Mains - Per Ordinance No. 2004-31, transmission mains are
non-potable water mains of 6 inches in diameter or greater.
Unincorporated Area - All geographic areas within Collier County not
within the boundaries of any municipal corporation as of June 26, 2003, the
effective date of Cbapter 2003-353, Laws of Florida, a Special Law. In the
context of IQ Water and these policies, all areas thereafter annexed into a
municipal corporation shall thereby be classified as being "incorporated."
I I of22
Agenda Item NO.1 OA
October 23, 2007
CC W-SD Irrigation Quality Water 1RIli;!!! 15 of 25
Section 5
Irrigation Quality (IQ) Water Policy
This policy, the subsequent IQ Water Master Plan and associated procedures will be in
compliance and alignment with all FDEP and SFWMD regulatory requirements.
IQ Water Service Area
The IQ Water Service Area will be contained within the Collier County Water-
Sewer District Boundaries and within unincorporated Collier County unless
mandated otherwise by the Board of County Commissioners (BCC) witb regard to
specific service sites or more generally. "Unincorporated" areas consists of all
geographic areas within Collier County not within the geographic boundaries of
any municipal corporation as of June 26, 2003, the effective date of Chapter
2003-353, Laws of Florida, a Special Law. In the context of IQ water and these
policies, all geographic areas incorporated as a municipal corporation shall
thereby be deemed to be within the geographic boundaries of that municipality,
Also all areas annexed into a municipal corporation after the effective date June
26, 2003, shall thereby be classified as being "incorporated" unless such
geographic area, by interlocal agreement pursuant to Section 171.204, Florida
Statute (as now exists or hereafter amended and/or renumbered by the Florida
Legislature), excludes such annexed geographic area as an unincorporated enclave
and, being an interlocal agreement enclave, shall remain classified as
"unincorporated" (not being within the geographic boundaries of the
municipality).
Although all area(s) that is/are annexed into a municipal corporation after the
etlective date of that Special Law does not remove any such annexed area from
the CCWSD's geographic boundaries, if the CCWSD is providing any part or all
of such annexed area with IQ water. the CCWSD. upon such annexation, shall not
be obligated to continue to supply IQ water to such annexed area except to the
extent that the CCWSD is thcn contractually obligated to continue to supply such
area with IQ Water gallonage pursuant to a long-term, service site-specific written
agreement that also contractually obligates the applicable service site to continue
to receive (and pay for) the then agreed quantity of IQ water. As of the initial
effective date of these policies, all such mutually binding lQ water agreements
apply only to golf courses. This policy shall also apply to all geographic areas in
the event any Special District that supplies water service and/or wastewater
service should expand its service arca to include any geographic area within the
CCWSD's then existing service area. Each such expansion requires formal
approval from the CCWSD.
The IQ Water Master Plan will define the proposed IQ Watcr Service Area in
more geographic detail. The plan will be updated as necessary to ensure that the
service area and the availability oflQ water are consistent.
I0/11/20U7
12of22
Agenda Item NO.1 OA
October 23, 2007
CC W-SD Irrigation Quality Water IPahigj! 16 of 25
Benefit to Collier County Water Sewer District Customers
Potable Water Customers - The use oflQ water for irrigation purposes may delay
planned capital investment to meet the needs of concurrency planning. This may
contribute to a potential reduction in the development of potable water supplies by
avoiding additional capital investment and operating costs.
Wastewater Customers - IQ water is a necessary, direct by-product of the
wastewater treatment process that, if not sold, must be disposed of through other
processes. Selling reclaimed water avoids capital, operation, and maintenance
investment costs associated with other disposal methods, such as deep well
injection processes.
IQ Water Customers - The availability to irrigate landscaping and golf courses
utilizing a product that is more affordable than potable water provides for
economic benetits directly to the customer and indirectly to tbe community.
In addition to the reasons above, all customers enjoy environmental benefits that
result from use of IQ water; tberefore, it is the CCWSD's commitment to try to
utilize 100% of the effluent derived from the wastewater treatment process as a
source of I Q water and alternative water resources.
Separate Cost Accounting
The costs of IQ water operations will be identitled separately trom the costs of
potable water and trom wastcwater. The operation costs shall include. but not bc
limited to, personnel scrvices, utilities, chemicals. repairs and maintenance,
contractual services, and other related expenses. A separate and distinct capital
improvement program" ill be developed for the IQ Water Systcm as provided in
the IQ Water Master Plan.
The se!.:rc!.:ation of costs "ill alkm for the establishment of rcasonable, separate
rates by customer class for IQ watcr service. Because of recognized associated
benefits, thc IQ Water System may be subsidized within reason by other (potable
water and wastewater) customers.
All rates, fecs, and charges derived from the IQ Water System will be considered
as the CCWSD's operating revenue and which revenues can be pledged for
payment of all of the CCWSD's expenditures, including its debt service. See also
Section 134-32 of the Collier County Code of Laws and Ordinances - Authority
of the BCC to adopt rates, fees and charges for the CCWSD's reclaimed watcr
system and to provide tcrms and conditions tor the payment and collection of
same.
1()/11/2007
13 of 22
.I\genda Item NO.1 OA
October 23, 2007
CC W-SD Irrigation Quality Water JRrlJi;t;!! 17 of 25
IQ Water Delivery and Service Prioritization
The CCWSD shall initially prioritize its I Q water customers based on the offset of
potable water usage, customer's ability to accept IQ water, supply oflQ water and
other relevant considerations.
It is the CCWSD's policy to adhere to the following priorities in delivery of
available IQ water.
I. IQ water for use by government entItIes (i.e. Collier County government)
utilizing potable water where it can be replaced by IQ water. Envisioned
usage is for the following: irrigation for parks, libraries, medians, schools,
government campuses, and limited usage for industrial cooling. Government
entities and public facilities will have the highest priority for IQ water service
because the cost savings directly benefit everyone within the CCWSD.
2. IQ water for use by potable water customers located in the IQ Water Service
Area who will use the IQ water as a substitute for existing or future potable
use based on the quantity of potable water that will be conserved.
The prioritization spccified above is intended to meet needs which would
otherwise place demands on potable water supplies, resulting in the ability to use
available potable water to meet other potable water needs.
The customers for service will be segregated into the following classifications
(refer to Section 4, Definitions, f(H each of the customer classes listed below):
Bulk Service Customers
Pressurized Service Customers
Pressurized and Distributed Service Customers
AIIIQ water delivered to a customer regardless of class shall be metered.
Service availability (connected to the IQ Water System) does not guarantee
service delivery and the CCWSD has the right to restrict or reduce service when
nccessary in order to meet the CCWSD's necds.
In execution of this program the CCWSD will provide an application form to all
applicants in compliance with the CCWSD's policy mentioned above.
All future customers will be responsible for connecting to the CCWSD's IQ
Water System, including the extension of dedicated IQ water pipelines up to the
CCWSD's IQ water system as well as construction of the customers' on-site
facilities (IQ water transmission lincs, booster pump stations, mctering facilities,
dedicated storage, etc.).
lOIl1/2()()7
] 4 of 22
Agenda Item NO.1 OA
October 23, 2007
CC W-SD Irrigation Quality Water IT'ah\<J1l18 of 25
Bulk Service Customers will be required to enter into a separate written Bulk IQ
Water Agrecment or a standardized contract delineating the capacity requirements
and service attributes.
All future bulk (golf course) customers will be assigned an IQ Water Application
Rate of up to I-inch per week over the irrigable area for the deterrnination of the
capacity allocation for the respective customer's account. The assignment may be
rate class specific (e.g., residential service), based on general service attributes
(e.g., meter based) or based on customer account-specific Agreement.
All applicants requesting IQ water service will be evaluated based on the above
CCWSD IQ Water Policy.
IQ water service shall be provided only in the dedicated IQ Water Service Area
and only to tbe extent that sutlicient alternative water supply is available to meet
the requested capacity needs ofthe applicant requesting the service.
All future customers will be responsible for tbe payment of the rates, fees, and
charges as adopted by the CCWSD for the provision of IQ Water service.
Bulk lQ Water Agreements
Bulk Service Customcrs shall be required to enter into Bulk lQ Water
Agreements.
Bulk IQ Water Agreements shall be limited in duration in consideration of the
CCWSD's potable water demand.
Bulk lQ Water Agreements shall require the customer to use lQ water in lieu of
potable water provided by the CCWSD or the custnmer's own permitted
groundwater withdrawals for the duration of the Agreement as long as the
CCWSD is supplying the customcr with IQ water.
Existing Bulk Service Customers who initiatc renegoliation of their cxisting IQ
Water Agreements within one year of the approval of this policy shall be allowed
to keep their existing IQ water allocations. up to I ,. per acre per week, for the
term of the renewed Agrcement. For existing Bulk Senice Customers who do not
renegotiate their existing IQ Water Agreements with," one year of approval of
this policy. the subsequent Agrcements shall contain c' clause requiring IQ water
allocation to be re-examined based on the IQ ater delivery and service
prioritization in place at the time of application (' enewal. For new customers.
and all subsequent renewals of Bulk IQ Water greements, Agreements shall
contain a clause requiring IQ water allocation t ,c re-examined based on the IQ
water delivery and service prioritization in' e at the time of application or
rencwal.
10/11/2007
] 5 of_2
Agenda Item NO.1 OA
October 23, 2007
CC W-SD Irrigation Quality Water lfuhig~ 19 of 25
All renewal and new Bulk IQ Water Agreements shall require payment of the
rates, fees, and charges adopted by the CCWSD from time to time for the
provision oflQ water service.
Service to Existing Customers
All existing Bulk Service Customers will be allocated an IQ Water Application
Rate of up to I-inch per week over the irrigable area on an average daily basis for
the detennination of the capacity allocation. If a customer's Bulk IQ Water
Agreement with the CCWSD in effect at the time of adoption of this provision
grants to that customer an IQ Water Application Rate that is greater than I-inch
per week, that provision may by mutual agreement be reduced upon renewal or
modification of the existing Agreement.
As described above, existing Bulk Service Customers who initiate renegotiation
of their existing Bulk IQ Water Agreements within one year of the approval of
this policy shall be allowed to keep their existing lQ water allocations for the
maximum vested term (usually 25 years from inception) specified in the
Agreement being renewed, but can be reduced by the CCWSD if the Agreement's
maximum term is expiring and the Agreement's then specified allocated capacity
exceeds the l-inch per week standard.
All existing customers will be responsible for tbe payment of the rates, and
charges as adopted by the CCWSD for the provision of service.
The CCWSD shall have the authority to limit. prioritize or interrupt service at any
time.
IQ watcr usage shall conform to the irrigation restrictions identified for potable
water.
The CCWSD shall have the authority to impose surcharge rates and/or interrupt
service to customers that use IQ water in excess of the reserved capacity assigned
to the respcctive customer.
Fair and Reasonable Rates
As deemed necessary, the CCWSD will recommend that the BCC, by Ordinance
or Resolution, adopt and/or change rates, fees and/or charges to recovcr the
allocable cost of providing service to the customers. The CCWSD will recognize
IQ Water Application Rates and service delivery attributes in the design of such
ratcs, fees and charges among the various customer classes.
lOll ]/2007
160f22
c~genda Item NO.1 OA
October 23, 2007
CC W-SD Irrigatioo Quality Water I"ahiy~ 20 of 25
The CCWSD may from time-to-time request that the BCC, by Ordinance or
Resolution, impose reasonable conservation usage rates, surcharges, or other rate
application methods to discourage excess IQ water use and to allow for a broader
distribution of the IQ water benefit.
To the extent possible, existing customers will not subsidize future customer costs
in the monthly rates f(lr service. Accordingly, future customers shall to the extent
possible fund the IQ Water System facility costs of providing IQ water service by
possible imposition of, including but not limited to, capacity tees, capital
surcharges, allowance for funds prudently invested by the CCWSD, property
contributions, financing charges, including interest and other cost recovery
mechanisms.
Tbere will be no free or preferential rate service provided to any customers within
any classification unless specifically provided for in tbe customer-specific long-
terrn written Agreements in existence prior to the establishment of these policies.
Such rates shall be deleted from the Agreement if the Agreement is extended
beyond it initial maximum tenn (usually 25 ycars from the Agreements'
commencement date).
Existing IQ water customers, being -'grandfathered-- against retroactive
application of rate changes, will not be responsible for the payment of IQ water-
related capacity fees for their currently reservcd capacity. All future IQ water
customers, and all exist ing customers wbo request an increase in their current
capacity reservation, will be responsible, if their request is granted, for payment
of the then prevailing IQ water-related capacity fees, and, if applicable,
allowanccs for funds prudcnt Iy invested.
To the extent then authorized by Ordinance or BCC Rcsolution. the CCWSD shall
have the authority to impose a capacity fee. a connection charge, main extension
fee, meter sctting tee, installation and inspection fees, allowance for funds
prudently invested, and/or any othcr ratcs. fees and chargcs that will allow t(1]' the
recovery of the total cost of providing IQ water service to its customers. Such
rates. fees and charges will be based on standard cost recovery practices designed
to recover the specific costs of providing service.
For accounting and rate study purposes the IQ Water System encompasses the
following facilities:
. The storagc and high service pumping facilit ies gcnerally located
at the watcr reclamation facility sites lor the distribution of lQ Water
to the System (not including deep injection well facilities) and
because the treatment of IQ water is an added process. may include an
allocable cost for the wastewater treatment process if such costs are
easily distinguishable and are incremental in providing service.
IUl11/2(1(]7
170122
Agenda Item NO.1 OA
October 23, 2007
CC W-SD Irrigation Quality Water rrali;g~ 21 of 25
. All supplemental water wells and/or surface water withdrawal
facilities and associated Supplemental Water lines dedicated to the
System.
. IQ water transmission system, including above-ground reservoirs,
tanks, and aquifer storage and recovery facilities.
. Oft~site lQ water distribution and metering facilities owned by the
CCWSD, and will include the associated operation and maintenance
costs of such facilities.
Non-Irrigation Use ofJQ Water
The CCWSD will continue to recognize that portions of IQ water may continue to
be used for environmental mitigation purposes.
I Q water can be used for limited industrial purposes, such as air conditioning
cooling towers.
IQ water will not be utilized for uses prohibited by applicable laws, ordinances,
rules or regulations.
No resale of IQ water by a CCWSD IQ water customer to any third party will be
allowed in accordance with the general service requirements and provisions of
Rcsolutions that have authorized the issuance of the then outstanding utility
revenue bonds.
Conservation
For many years IQ water was regarded as an insignificant byproduct of the
wastewater process. Today. it is a highly sought after commodity and
conservation practices and contract languagc should reflect that demand.
Contracts will be reviewed upon their renewal periods and may be modified to
include:
. Master metering versus the bulk, "take or pay" agreement, in conjunction with
the ASR program implementation.
. Rcvised IQ water allocation criteria calculations.
. Requircments that subsurface, drip and otber conservation irrigation
technologies are employed, striving for optimum irrigation efficiency.
. Incentives !clr water wise landscaping.
Education and Outreach
The CCWSD will provide an aggressive interagency public information and
education campaign !c)cused on water conservation and water wise landscaping.
This program will operate as a joint venture between the Water and Wastewater
!O/11/20(!7
18 of 22
JO/1I/2007
Agenda Item ~jo. 10A
October 23.2007
CC W-SD Irrigation Quality Water iRlIi:g~ 22 of 25
Departments as well as IFAS Extension Office, SFWMD and DEP, addressing
irrigation efficiency as well as a best practice approach for landscaping homes,
commercial property and go If courses. An awards program will identifY the most
successful individuals and organizations demonstrating best conservation and
wise water use practices.
19 of 22
Agenda Item NO.1 OA
October 23, 2007
CC W-SD Irrigation Quality Water 1fa1J\g!! 23 of 25
Section 6
Recommendations & Considerations/or Master Plan Development
Recommendations of this plan are summarized below.
Near Term (2008-2013)
. Revise Contracts - Continue to supply the CCWSD's current commercial
and residential base with IQ water as contracted. At the time of contract
renewal/revision, review water usage calculations, incorporate
conservation measures and take into account the IQ water user
prioritization specified by the BCC. Existing customers willing to have
their Bulk lQ Water Agreements renegotiated within one year of the
effective date of this policy will be allowed to keep their current IQ water
allocation for the term of the renewed Agreement but not to exceed that
Agreement's maximum term (usually 25 years from the Agreement's
original commencement date.
. Develop IQ Water Supp~v - Continue to aggressively pursue supplemental
sources of IQ water, such as surface water, and tools to manage the
supply/demand (e.g. ASR technology and satellite treatment stations).
. Irrigation Ordinance Revision- Modify existing irrigation ordinance to
include that IQ water shall be subject to normal water use restrictions,
making exceptions for industrial and golf course use.
. Revise IQ Water Ordinance - Review and rcvise ordinance to incorporate
conservation measures, standardize calculations and usage language.
. Project Selection- Prior to extensive invcstmcnt in the IQ infrastructure,
the business case for distribution system projects should bc defined using
a cost-benefit framework. The project-by-project comparison should
include potable water savings comparison, the availability ofsupplemcntal
water supplies, and proximity to an existing IQ main.
. Relationship to Other Improvements. In some cases, IQ waler projects
can conveniently be combined with other utility or street improvements
utilizing a benefit-cost rramework. The CCWSD should incorporate
consideration of IQ water projects into its routine capital projects planning
including road improvement projects utilizing a best value approach.
. Rate Structure for IQ Water. It is recommended that IQ water rates be
increased to reflect the treatment and distribution maintenance costs
associated with the system to the extent that the then existing rates do not
take such costs into account. A rate study may be needed to strike a
lOll] /2()()] 20 of 22
Agenda lIem NO.1 0/\
October 23, 2007
CC W-SD Irrigation Quality Water If'aIiig~ 24 of 25
balance between the necessity to recover revenue for system construction,
operation and maintenance, and the need to provide an incentive to
customers to use IQ water while realizing associated benefits of the
system.
. Charges to RecOl'er Costs Not Covered by IQ Water Rates. It is
recommended that additional costs not recovered from rates charged to IQ
water uscrs be covered by a combination of wastewater fees and potable
water consumption rates charged to all customers of water and wastewater
services. This is appropriate due to the broad public benefits associated
with the IQ water system. Dividing revenues between these sources
balances the burden between new and existing customers, recognizing the
benefits oftbe IQ water program to these groups.
. Conservation and Public Outreach Element, In conjunction with the
University of Florida's Institute of Food & Agricultural Sciences (IF AS),
Florida Golf Course Superintendents Association (FGCSA), and
SFWMD, build strong conservation and education programs to reduce the
dependency on both potable and IQ water. The County should lead by
example by reducing landscape demands for irrigation through alternatives
to grass and improved selection of trees, shrubs and other plants.
Long Term Recommendations (2013-2033)
. ,rater Availability A long-term goal of the CCWSD is 10 increase the
amount of IQ water available. at which time IQ water may be delivered to
water users that arc permitted to withdraw fresh groundwater for irrigation
purposes. when the water user will use the lQ watcr in lieu of its fresh
groundwater withdrawals. In cases where the customer holds its own
water use permit. the Bulk IQ \Vater Agrccments shall require the
customer to convcrt usage under its waleI' usc permit to standby status
and/or transfer the water use permit to the CCWSD for the duration ofthc
Agreement. (See definition of "Bulk Service Customer".
. Program Adaptation In the long tenn. the CCWSD should continue to be
forward looking and adaptable. Substantial evolution will likely occur in
lQ water technology. state regulations. and public perceptions of IQ water.
The CCWSD should be prepared to adjust its policies and infrastructure
program accordingly. It is recommended that this document be viewed as
a starting point and all associatcd and subsequcnt documents be reviewed
at least once every five years. Modifications should be made as needed in
response to expcrience gained. technology improvements, and
opportunities present themselves.
.
Explore Options for Additional Uses
meet certain criteria shall be required
Customers of the CCWSD who
to use IQ water for high-volume
JO/ll/2(j(j7
:::l 01'22
Agenda Item No. 10A
October 23, 2007
CC W-SD Irrigation Quality Water 1R>!J\gj! 25 0125
consumption for irrigation and other non-potable applications. Some of the
envisioned uses are cement plants, masonry work, and industrial cooling.
Criteria will need to be developed to implemcnt this policy.
Considerations for Master Plan development
. Regulatory constraints on delivery and application of IQ water may change over time
as techno logical advances in treatment may occur. Therefore, this plan should be, and
is intended to be, flexible enough to respond to these changes.
. The CCWSD may create incentives for the use of IQ water, coupled with mandatory
requirements that customers meeting certain criteria use IQ water for irrigation or
other non-potable applications.
. The CCWSD's currently defined service area will probably be extended, but it is
anticipated that the Golden Gate Estates and environmentally sensitive areas 'will be
excluded. Densities will increase in currently developed areas; however, it is
anticipated that they will remain similar to their current layout and character.
. It is anticipated that the current economic base will substantially remain the same,
with tourism and retail commercial activity predominating. It is also anticipated that
industrial activity will remain a minor component of the economic base.
. Current parks and scbools will likely remain in their existing locations.
. Capacity for producing IQ water will not be completely constrained by wastewater
generated. The IQ water system will in alllikclihood be supplemented by alternative
water suppl ies.
. The IQ Water Master Plan will nced to strikc a balance between additional IQ water
availability as supplemental sources are developed. timeframes fur placing piping
inlj'astructure in the designated areas, as well as capitalizing on other road and utility
projects.
. The availability oflQ water must not negate the need to conServe all sources of water.
101ll/20U7
22 of22
Agenda Item NO.1 DB
October 23, 2007
Page 1 of 11
"'_...,~
EXECUTIVE SUMMARY
Recommendation to approve for discussion at the upcoming joint Board of County
Commissioners and Collier County Legislative Delegation Pre 2008 Legislative
Session Workshop the attached list of proposed issues
OBJECTIVE: Recommendation to approve for discussion at the joint Board of County
Commissioners and Collier County Legislative Delegation Pre 2008 Legislative Session
Workshop scheduled for November 2, 2007 the attached list of issues as proposed by
Commissioners as well as the existing Board-approved slate of 2007 State Legislative
Priorities still important to the community.
At this meeting Commissioners are being asked to discuss the proposed list, evaluate the
merits of each topic, perhaps propose additional issues if'not yet voiced, and decide
which will comprise a list that will be deliberated with the Collier County Legislative
Delegation in about 10 days. Following a tborough and comprehensive vetting process,
the Board at a regular meeting following the workshop will be asked to approve Collier
County's 2008 State Legislative Priorities.
~
CONSIDERATION: To develop Collier Countygovemment's legislative platform, the
Board of County Commissioners is holding a Pre 2008 Legislative Session Workshop
with the Collier County Legislative Delegation on November 2,2007, at which time a list
of the proposed 2008 State Legislative Priorities will be considered.
The below list is tentative and subject to challge:
Collier Countv 's proposed 2008 State Letlislatil'e Priorities:
. Decrease Insurance Costs
. Affordable Housing
. Reduce Attorncy/Court Fecs
. Oppose Portability of Homestead Property Assessments
(Commissioner Henning Supports)
. Partial-Year Assessments
. Real Estate Transfer Fee
. Transportation Funding Tied to Seat Belt Use
. 311 funding
. Cameras at Intersections to Catch Red-Light Runners
. Protect Impact Fees (Commissioners Coyle and Halas)
. Requesting Change in Florida Statutes to Elect Rather than
Appoint South Florida Water Management District Governing
Board Members
· Address Issues of Concern in Consultants Competitive Negotiation
Act (CCNA)
Agenda Item No. 108
Ostober 23, 2007
Page 2 of 11
· Protect Home Rule (Commissioners Coyle and Halas)
. Support Any Attempt for Federal Government to Enforce
Immigration Laws (Commissioners Coyle and Henning)
· Support County Takeover from State the Collier County Housing
Authority (Commissioner Henning)
· Monitor Growth Management Developments
Reiterating, the list attached is for discussion purposes at this point in the process.
FISCAL IMPACT: There is no fiscal impact associated with this executive summary.
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this executive summary.
LEGAL CONSIDERATIONS: There are no legal considerations associated with this
executive summary.
RECOMMENDATION: That the Board of County Commissioners deliberates and
decides on a list of issues for discussion at the November 2, 2007 joint Board of County
Commissioners and Collicr County Legislative Delegation Pre 2008 Legislative Session
Workshop.
Prepared by Debbie Wight, Assistant to the County Managcr
-
Page I of I
Agenda Item No.1 08
October 23, 2007
Paye 3 of 11
COLLIER COUNTY
130/\RD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
lUB
H:eCOllllncndalioll to ;:Ipprove for discussion allhe upcoming joint Board of County
Cornrnissionels and Colliel COllnty Legislative Delegation Pre 2008 Legislative Session
WOIkshop the altad1ed list of proposed issues (Debbie Wight, Assistant to the County
M;H18ger )
Meeting Date:
1 U/23/20U'i 9:UUO(J Nv1
Al'llrovcd Hy
JarnBS V. Mudd
County Mananer
Date
Board of County
Gommis!'lioners
COllnty Mana'Jer's Office
10/15120077:31 PM
Agenda Item ~<o. 108
October 23, 2007
Page 4 of 11
wight d
From:
Sent:
To:
Subject:
henning_t
Friday, September 07,20074:07 PM
wlght_d
FW: 2008 State Legislative Priorities & calendar dates
Attachments:
State Legislative Priorities 2007 11.08.06 T'hassee top.doc; 2007 Legisiative Session
Summary Keith Arnold & Associates.doc
My comments are in the word doc,
From:
Sent:
To:
Cc:
Subject:
wight_d
Friday, September 07, 20073:20 PM
ColettaJim; hennlng_t; CoyleFred; HalasFrank; flala_d
mudd.J; ResnickUsa; tuckersam; SpringsPaula; LeaSandra; HastingsKendra; filson_s; Brett Bacott; Keith Arnold; TorreJohn
2008 State Le9islative Priorities & calendar dates
Commissioners,
Time has arrived for you to provide me with your ideas to bring forth for full Board discussion and then approval for your
slate of 2008 State Legislative Priorities. For your convenience, I have attached the Board-approved list of 2007 State
Legislative Priorities as well as a 2007 Legislative Session Summary provided by our state lobbyist, J. Keith Arnold and
Associates. You have plenty of time, but with the summer season coming to a close and the issues rising to the surface,
you may want to send your recommendations my way as the concerns come up.
In addition, could you please iet me know who will be attending the Florida Association of Counties 2007 Policy
Committee Conference scheduled September 26-28 in Gainesville, Alachua County, so I may coordinate with you.
You are probably aware, but a reminder that the joint Board of County Commissioners and Collier County Legislative
Delegation Pre-2008 Legislative Session Workshop is scheduled for Friday, November 2 from 1 to 4 p.m. in the
boardroom.
Also, the Collier County State Legislative Delegation Public Hearing for local bills will be held Wednesday, November
28, from 9 to 11 a.m. in the conference room of Immokalee Community Park, 321 First Street North. The Delegation will
reconvene at 2 p.m. in the County Commission chambers at the Collier County Government Center, 3301 Tamiaml Trail
East. Toward the top of the afternoon agenda, the County Commission Chairman presents to the Delegation the Board's
approved 2008 State Legislative Priorities. This session will last untii the completion of the agenda. Members of the public
will have an opportunity to address the delegation about issues not related to local biils upon completion of the local bill
agenda.
Your consideration and cooperation are appreciated. If you need additional information or assistance, feel welcome to ask.
Thanks.
-Debbie
~ ~
State Legislative 2007 Legislative
Priorities 2... Session Summa...
1
Collier Countv's 2007 State
Lef!islative Priorities:
I" I.
. Growth Management Glitch Bill (SB i360~
. W ater iBiI~
. Insurance
. Affordable Housing
. Attorney/Court iFee~
. Portability of Homestead Property Assessments (Collier
County oppose~
. Partial-Year Assessments
. Transportation funding tied to seat belt use
. 311 funding
. Cameras at interscctions to catch red-light runners
. Oppose any attempt to cbange impact fees
. Requesting Change in Florida Statutes to Elect Rather than
Appoint Florida Water Management District Governing
Board Members
. Amend House Bill 7079 to give all counties the latitude to
exempt only portions of their county with unpaved roads
from all-terrain vehicle (A TV) use
. Address issues of concern in Consultants Competitive
N egotiation lAc~ .
.
Agenda Item No. 108
October 23, 2007
Page 5 of 11
Comment [CCG1]: Thegl.itch was
""- .
Comment [CCG2]: 'What water bill
[ Comment [C(63): For what
1 Comment [CCG4]: Support
Comment [CCGS}: Support any
attempt for the Federal Government
enforce immigration laW/;
wight d
Agenda Item NO.1 OB
October 23, 2007
Page 6 of 11
From:
Sent:
To:
Cc:
Subject:
ColettaJlm
Friday, September 07, 2007 6:10 PM
wight_d
Commissioners
RE: 2008 State Legislative Priorities & calendar dates
Debbie Wight
I will not be attending the FAC Policy Committee Conference due to the county's
budget constraints. As for the BCC Legislative priorities for the 2008 Legislative Session
we will need to address that at a regular BCC meeting.
Jim Coletta, Chairman
Commissioner, District 5
Collier County Government
3301 E, Tamiami Trail
Naples, FL 34119
Phone (239) 774-8391/ Fax (239) 774-3602
iimcoletta(ij)collieraov.net
Please note: Florida has a very broad public records law.
Most written communications to or from officials regarding county business
are public records available to the public and media upon request,
Your e-mail communications may therefore be subject to public disclosure,
From:
Sent:
To:
Cc:
Subject:
wighCd
Friday. September 07, 20073:20 PM
ColettaJim; henning_t; CoyleFred; HalasFrank; flala_d
mudd.J; Resnicklisa; tuckersam; SpringsPaula; LeaSandra; HastingsKendra; filson_s; Brett Bacott; Keith Arnold; TorreJohn
2008 State Legislative Priorities & calendar dates
Commissioners,
Time has arrived for you to provide me with your ideas to bring forth for full Board di,
slate of 2008 State Legislative Priorities. For your convenience, I have attached tr
Legislative Priorities as well as a 2007 Legislative Session Summary provided byo'
Associates. You have plenty of time, but with the summer season coming to a clo,
you may want to send your recommendations my way as the concerns come up.
:ssion and then approval for your
ioard-approved list of 2007 State
tate lobbyist, J. Keith Arnold and
,ld the issues rising to the surface,
In addition, could you please let me know who will be attending the Florida Assc "tion of Counties 2007 Policy
Committee Conference scheduled September 26-28 in Gainesville, Alachua Cc: 'y, so I may coordinate with you.
You are probably aware, but a reminder that the joint Board of County Commis
Delegation Pre-2008 Legislative Session Workshop is scheduled for Friday
boardroom.
8rs and Collier County Legislative
"ember 2 from 1 to 4 p.m. in the
Also, the Collier County State Legislative Delegation Public Hearing for
28, from 9 to 11 a.m. in the conference room of Immokalee Community Pa'
reconvene at 2 p.m. in the County Commission chambers at the Collier Cc
East. Toward the top of the afternoon agenda, the County Commission C'
approved 2008 State Legislative Priorities. This session will last until the
will have an opportunity to address the delegation about issues not relat
agenda.
,I bills will be held Wednesday, November
21 First Street North. The Delegation will
Government Center, 3301 Tamiami Trail
itan presents to the Delegation the Board's
pletion of the agenda. Members of the publiC
J local bills upon completion of the local bill
Your consideration and cooperation are appreciated. If you need add .al infcr'nation or assistance, feel welcome to ask.
Thanks.
-Debbie
Agenda Ilem NO.1 06
October 23, 2007
<< File: State Legislative Priorities 2007 11.08.06 T'hassee top.doc>> <<File: 2007 Legislative Session Scil!lIf,Jr?fK'k1th
Arnold & Associates .doc >>
2
wight d
Agenda Item NO.1 DB
October 23. 2007
Page 8 of 11
From:
Sent:
To:
Cc:
Subject:
wight d
ThurSday, September 13, 2007 5:27 PM
henning_t; tuckersam
mudd.J; ochsJ
FW: 2008 State Legislative Priorities & calendar dates
Attachments:
09.13.07 AttorneyCourt fees 2007.pdf; State Legislative Priorities 2007 11.08.06 T'hassee
top.doc; 2007 Legislative Session Summary Keith Arnold & Associates. doc
Commissioner Henning,
Thank you for your expeditious response to my request for input as Commissioners and staff move forward in developing
our slate of 2008 State Legislative Priorities, which will be discussed jointly and then finally approved by the full Board of
County Commissioners. I will also respond first to your inquiriesfcomments regarding our 2007 State Legislative Priorities,
which in my understanding was your intent.
Growth Management Glitch Bill (SB 360) - The Florida Legislature in the 2007 Legislative Session passed HB
7203, named the Comprehensive Planning bill but known more as the Growth Management legislation which was in
response to SB 360. HB 7203 actually makes It easier for development to'occur regardless of transportation concurrency
issues. It also extends local government and developer agreements from 10 to 20 years. The most signrficant change for
counties In HB 7203 is that it extends by one year the deadline for local governments to submit their annual capital
improvements element (CIE) to meet the new financial feasibility requirements. That deadline has been rnoved from
December 2007 to December 2008.
Similarly, according to the Florida Association of Counties (FAG), under the definition of financial feasibility the bill deletes
an unclear proviSion in current law relating to the use of proportionate share payments, while adding clarifying language
stating that transportation level-of-service standards are to be achieved and maintained within the time period of the capital
improvement schedule, rather than each and every year.
FAC further summarizes that the bill also provides an optional proviSion for counties to fOllOW when determining whether
certain land use amendments will comply with the new financial feasibility requirements. Specifically, the bill states that a
county may, by local option, amend its future land use map - allowing additional development and traffic impacts - and the
plan shall be deemed to be financially feasible if the amendment is supported by either a condition in the development
order for transportation mitigation or a binding agreement addreSSing proportionate share mitigation. In effect, this
provision states that the level-of-service standards for transportation shall be conSIdered achieved and maintained under
these conditions
Finally, in the area of mitigation payments, the bill specifically states that proportionate share mitigation shall be limited to
ensure that a development mitigates its impact on the transportation system but is not responsible for the additional costs
of reducmg or ellminatln~ ';acklogs. However the bill does not amend the statutory formula.
In addition. J v'wlth Arc & Associates, our state lObby'st. provided the follOWing summation re HB 7203 In the
attachment I ,,' ~ _'c;JW beginning on Page 7:
HB 7203 Relating to Growth Management was not introduced as a proposed committee bill untit the Sixth week of session
In the House Economic Expansion and Infrastructure Council. What began as a 'glitch bill" to fix problems with SB 360,
became a 44-page bill with major new proviSions affecting several areas of growth management law. Despite the
opposition of the Department of Community AffairS Secretary, the bill ultimately passed the legislature on Ihe final day of
session with series of amendments on third and final reading. As passed, HB 7203 makes It easier for development 10
occur, regardless of transportation concurrency issues.
Summary of the major Items In HB 7203:
. Bill makes it easier for development to occur regardless of transportation concurrency issues
. Extension of local government/developer agreements from 10 to 20 years
. Establishes a pilot program In several communities With weak planning track records (Broward, Pinellas, Jacksonville,
Miami, Hialeah, Tampa) that allows all amendments to be reviewed through the small scale amendment process
. Bill relaxes concurrency standards
. Community redevelopment areas now included in definition of "urban redevelopment"
Agenda Item NO.1 OB
October 23, 2007
Page 9 of 11
. Comprehensive plans deemed "financially feasible" when the capital improvements schedule shows that concurrency
standards (for transportation and schools) will be achieved/maintained by the end of the 5 year schedule
. Allows plan amendments to be deemed "financially feasible" with respect to transportation facilities if:
(a) is a condition of development order of a DRI with proportionate share mitigation
(b) is part of a binding agreement with fair share mitigation where the amendment to the future land use map
Is within designated urban infill, urban redevelopment or urban service area
. Adds airport passenger terminals, concourses, air cargo facilities, hangars, aircraft maintenance/storage areas to
existing transportation concurrency exemption for public transit facilities
. Clarifies that where urban service areas are to be considered for transportation concurrency, they can only be as large
as the area covering a 10 year planning period
. Where a school board agrees to include a new facility in its next scheduled work program, developers can accelerate
bUilding of one or more schools
. proportionate fair share mitigation specifically allowed to be focused on one or more transportation improvements -
clarification that where such funding "significantly benefits" the overall transportation system as determined by the local
government, development is allowed to occur even If concurrency not met
. Transportation Concurrency Backlog Areas authorized
a. allows creation of an authority (meaning the appropriate local government) that designates an
area where one or more traffic deficiencies exist such that traffic volume(s) exceed the level of
service standard as found in the local plan
b. provides tax increment financing to raise funds needed to demonstrate that deficiencies will be
addressed in 10 years or less - allows for bonds and related financing mechanisms
c. allows development to proceed once the improvement schedule IS made part of the
comprehensive plan - will be deemed "financially feasible"
d. also requires an overall plan showing deficient roadways, priority improvement list and financing
schedule as pari of the comprehensive plan
. Plan Amendment Review Pilot Progam-designates 8roward, Pinellas, Jacksonville, Miami, Tampa, Hialeah to have all
amendments reviewed under a modified small scale process: OPPAGA to present evaluation report by December 1,
2008. to Governor, Speaker and President on pilot program
. DRI buildout dates extended by 3 years without becoming substantial deviations
. Community Workforce Housing Innovation Pilot Program (CHWIP) for building affordable housing renamed
'Representative Mike Davis Community Workforce Housing Innovation Pilot Program"
"Tax Increment Financing for Conservation Lands" created in bill allows multi-county ad valorem taxes for funding
purchases of sensitive lands for conservation This would allow counties to work together with local tax initiatives to
acqUire conservation lands of Significance that span their common borders.
. When Port Master Plans are integrated into a local comprehensive plan as part of an EAR, and the EAR is found not
suffiCient, the port master plan may still be adopted
. DCA authorized to use rulemaking to implement Local Update Census Addresses (LUCA) tech assistance grants
Water Bill - There was not a bill filed in the 2007 Legislative Session which specifically addressed water glitches to S8
444, which was filed in 2005 with S8 360 although we were continuing to monitor if such should arise. The major water
issue passed by the 2007 Legislature was expansion of the Lake Okeechobee Protection Act, SB 392 Watershed
Restoration. An Everglades Restoration Resolution requesting the federal share of cleanup funding was passed, and $150
million in water projects was passed in the appropriations act. (See details of S8 392 on Page 22 of the J. Keith Amolds &
Associates Summary attached below.)
Attorney/Court Fees - This refers to COllier County's proposed amendment to Florida Statutes re attorney/court fees
in eminent domain cases. I have scanned and provided as an attachment the proposal as prepared by Assistant County
2
AgenC:a Item NO.1 08
Attorney Jeff Klatzkow and presented by Board Chairman Frank Halas to the Collier County LegiSlative~i!~~i~%4W~i
December 1 g, 2006 at Naples City Hall.
m
09.13.07
torneyCourt fees 20
In addition, during the 2007 Legislative Session two bills were identified to the related statute F.S. 73, which would have
served as vehicles to amend the attorney/court fees Issue onto, SB 2816 by Sen. Villalobos and HB 1373 by Rep.
Robaino, dealing with community associations. The bills died in committee and on the calendar.
Commissioner Henning, I will add to our list for consideration by the Board your input for the 2008 State Legislative
Priorities:
. Portability of Homestead Property Assessments (Collier County supports)
. Support any attempt for the Federal Government to enforce immigration laws
Thank you.
-Debbie
From:
Sent:
To:
Subject:
henning_t
Friday, September 07, 20074:07 PM
wight_d
FW: 2008 State Legislative Priorities & calendar dates
My comments are in the word doc,
From:
Sent:
To:
Cc:
Subject:
wight,d
Friday, September 07, 2007 3:20 PM
ColettaJim; hennlng_t; CoyleFred; HalasFrank; flala_d
mudd.J; ResnickLisa; tuckersam; SpringsPaula; LeaSandra; HastingsKendra; filson_s; Brett Bacott; Keith Arnold; TorreJohn
2008 State Legislative Priorities & calendar dates
Commissioners,
Time has arrived for you to provide me with your ideas to bring forth for full Board discussion and then approval for your
slate of 2008 State Legislative Priorities, For your convenience, I have attached n,c. Board-approved list of 2007 State
Legislative Priorities as well as a 2007 Legislative Session Summary provided by 0 state lobbyist, J. Keith Arnold and
Associates. You have plenty of time, but with the summer season coming to a clos, and the issues rising to the surface,
you may want to send your recommendations my way as the concerns come up.
In addition, couid you please let me know who will be attending the Florida Asso( ation of Counties 2007 Policy
Committee Conference scheduled September 26-28 in Gainesville, Alachua C, ,ty, so I may coordinate with you.
You are probably aware, but a reminder that the joint Board of County Commis'
Delegation Pre-2008 Legislative Session Workshop is scheduled for Friday.
boardroom.
ers and CoWer County Legislative
ember 2 from 1 to 4 p.m. in the
Also, the Collier County State Legislative Delegation Public Hearing for
28, from g to 11 a.m. in the conference room of Immokalee Community Pc
reconvene at 2 p.m. in the County Commission chambers at the Collier r
East. Toward the top of the afternoon agenda, the County Commission
approved 2008 State Legislative Priorities. This session will last until t'
will have an opportunity to address the delegation about issues not'
agenda.
al bills will be held Wednesday, November
321 First Street North. The Delegation will
,ty Government Center, 3301 Tamiami Trail
,,,man presents to the Delegation the Board's
,mpletion of the agenda. Members of the public
ad to local bills upon completion of the local bill
3
Agenda Item NO.1 08
October 23, 2007
PaQe 11 of 11
Your consideration and cooperation are appreciated. If you need additional information or assistance, feel welCome to ask.
Thanks.
-Debbie
i!i] ~
State Legislative 2007 Legislative
Priorities 2... Session Summa...
4
Agenda Item No. 10C
October 23, 2007
Page 1 of 6
EXECUTIVE SUMMARY
A report to the Board of County Commissioners concerning a possible change in the
County's Ordinance to reflect an amcndment to Florida Statutes regarding the use
of All Terrain Vehicles (ATV's) on certain unpaved roads in the County.
OBJECTIVE: To report to the Board of County Commissioners as to unpaved roads in
Collier County that might be suitable for the use of A TV's as allowed under the amended
Florida Statutes in regards to use and restrictions of A TV's on unpaved roads, as enacted
during the 2007 Florida Legislature session.
CONSIDERATIONS: During the 2006 legislative session Florida Statute 316.2123 was
enacted, which allowed the use of A TV's on unpaved public roads with speed limits of
less than 35 miles per hour. The statute allowed that "A county is exempt from this
section if the goveming body of the county, by m~ority vote, following a noticed public
hearing, votes to exempt the county from this section." The wording of the statute
created a situation in which the counties were required to allow an "all or none" use of
unpaved roadways for A TV use. The Board of County Commissioners, in Resolution
2006-256A, adopted on the 26th of September, 2006, exempted Collier County rrom the
provisions of that statute.
During the 2007 legislative session F.S. 316.2123 was amended such that "Alternately, a
county may, by majority vote after such a hearing, designate certain unpaved roadways
where an A TV may be operated during the daytime as long as each designated roadway
has a posted speed limit of less than 35 miles pcr hour and is appropriately marked to
indicate permissive A TV use," This amendment now allows for a limitcd use, at specific
locations, of A TV's on unpaved roadways within the county.
In response to the modification of thc State statute, the Board of County Commissioners
instructed Transportation Division stall to review unpaved public roadways within
Collier County to identifY any locations that might be appropriate for use by ATV's.
Although there arc many unpaved County roadways within the Golden Gate Estates area,
most have residences creating a possible traflic safety conilict with the ATV use. A data
search was done using the County's Limcrock Conversion Program database to identify
unpaved roadway segments without residences on them and 34 such segmcnts were
found, ranging in length from 164 feet to 5100 feet. Threc such locations had lengths in
excess of 4,000 feet, with all three of these scgments fronted by property listed by the
Appraiser's Office as Residcntial Vacant. All would be posted as 30 mph,
~
A five mile segment of unpaved Wagon Wheel Road that is maintained by Collier
County and without residences was identified. The roadway segment is located between
Birdon Road and Turner River Road within the Big Cypress National Preserve and is
posted at 30 mph.
Agenda Item NO.1 OC
October 23. 2007
Page 2 016
A ten plus mile unpaved roadway named Jane's Scenic Drive, in the Faxahatchee Strand
State Preserve, was identified. It has no rcsidences, is posted at 30 mph, and appears to
be no longer maintained.
Also identified for possible use by A TV's is the area of Patterson Boulevard, south of
Stewart Drive, in what was once the "South BlockS" of Golden Gate Estates and is now a
part of the Picayune State Forest. This area of 4.8 miles by 2 miles contains 27 miles of
unpaved roadway within tbe State Forest. These roads are posted as "30 MPH ALL
ROADS" and posted State Forest rules limit all vehicles to roadways.
FISCAL IMPACT: If use of an area for ATV's is pursued the fiscal impact to the
County would be approximately $1,000 for the costs of providing the signing required by
the statute. This amount would be available in the Traffic Operations Fund 101 budget.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact
associated with this Executive Summary.
RECOMMENDA nON: That the Board of County Commissioners continue the
prohibition of the use of A TV's on County roadways with residences. If the Board
wisbes to modify the current blanket County Ordinance prohibiting A TV use on any or
all unpaved public roadways the Transportation Services Division stands ready to
advertise the required public hcaring and then properly post the specified roadway with
required signing in order to meet thc amcnded statute.
Prepared By; Robert W. Tipton, r.E., Traffic Operatiom Director
Attachments: (I) F.S. 316.2123 as enacted in 2006
(2) BCC Resolution 2006-256A
(3) F.S. 316.2123 as amended in 2007
Item Number:
Item Summary:
Meeting Date:
Pagel of I
Agenda Item NO.1 OC
October 23. 2007
Page 3 016
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1UC
A report to the Bomd of County Commissioners concerning a possible change in the Countys
Ordinance to refled an amendment to Florida Statutes regarding the use of All Terrain
Vellicles (A TV:;;) Oil certain unpaved roads in the County (Bob Tipton. Traffic Operations
fJ1cHl3gcr)
1 U'2:3/2UU7 9:00:00 AM
PI'cll:trcd By
Robert W. Tipton, P.E,
Transport;:ltioll Services
Traffic Operations Director
Date
Traffic Operations
10/9/20073:27:56 PM
A)ll)rovcd By
Robert W, Tipton, P.E.
Trnnsportation Services
Traffic Operations Director
Date
Traffic Op€l<ltions
10/9/20073:44 PM
Approved Hy
Scott R. Teach
County Attorney
Assi5tant County Attorney
Date
County Attorney Office
10110/20078:12 AM
AllJlrOved By
Barbara LaPierre
Trall5portatiolJ Services
ManagelllentiBlJdgcl Anatyst
Date
Tmffic OperilUons
10/10/20072:16 PM
Apllrovcd B.y
Sharon Newman
lri1nSporl;:ltion Si'rviGcs
Accounting Supervisor
Date
ll;JIl';p"ltali()l1 Servi(;(", A.dmin
10/10120073:50 PM
Appruved By
Norm E. Feder, fdCP
Tr"nSl1orJ;Jlhn ~:!("'li. (",
Tr,lllf;t'('II;lll"n [Jivi:;il)1l A{~rnillistlalor
Date
T1ilnspOiL1U,\ll Servin's !\flnlin.
10/11/200711:30 AM
Appn....'cd B,y
1'<11 L(>hllllald
lranSI)Pl'tnllnr; :,,,rvicps
Ey.p';ll\i,'" SS~tet;.1f\'
Date
1 j,'III:;P"'),lli(,1) S'~~vic"" Admin
10/11/200712:50 PM
Approvcd B,y
OMB Coordinator
Adminis.tln.live Spfvicrs
Jl,pptkMiol1S t;llilt:.'st
Dale
Intorm;;tioll Tr,:hnf)lofIY
10/11/20072:33 PM
Apprond B~'
Mich,wl Slnyl:owski
County Mar1?~lcf'S Olliee
M;rnag0mel1t & Bu(j9(~t Dit~;ctor
Date
OfficE' of MiHlilpr;n"ml & Burl\jf:'t
10/'12/20073:25 PM
Allf.roved By
.James V. RhHJd
BO<lnl of County
COllllT1issh'IH!rS
County Mnn3!JPt
Date
COli Illy !\iliHI<1g{!!"'s OHit;e
101131200712:29 PM
Statutes & Constitution :View Statutes :->2C106->ChCl316->Section 2123 : Online Sunshine Page I of 1
Agenda Item NO.1 OC
October 23, 2007
Page 4 016
Select Year: 12006..:.1 Go I
The 2006 Florida Statutes
Title XxiII
MOTOR VEHICLES
Chapt~3J 6
STATE UNIFORM TRAFFIC CONTROL
Vif'w EntireDlapt"r
316.2123 Operation of an ATV on certain roadways.--
(1) The operation of an ATV, as defined in s. 317,0003, upon the public roads or streets of this state is
prohibited, except that an ATV may be operated during the daytime on an unpaved roadway where the
posted speed limit is less than 35 miles per hour by a licensed driver or by a minor under the supervision
of a licensed driver. The operator must provide proof of ownership pursuant to chapter 317 upon
request by a law enforcement officer.
(2) A county is exempt from this section if the governing body of the county, by majority vote,
following a noticed public hearing, votes to exempt the county from this section.
History.-.s. 14, ch. 2006.290.
Copyright GJ 1995-2007 The Florida Legislature . erivacyStatC'm~Dt .. Contact.Us
http://v.'\yw'.leg.state.f1. us/sta tuteslindex.cfm? A pp __ mode=Disp lay _ Statute&Scarch _ S lring=... 8/20/2007
Agenda Item NO.1 OC
October 23, 2007
Page 5 of 6
RESOLUTION 2006- 256A
A RESOLUTION OF THE BOARD OF
COUNTY COMMISI0NERS OF COLLIER COUNTY, FLORIDA
EXEMPTING COLLIER COUNTY, FLORIDA
FROM FLORIDA STATUTES SECTION 316,2123
WHEREAS, the Board of County Commissioners gave due notice of a public hearing on
September 26. 2006 to receive information and comments and to make a deterrnination as to
whether Collier County, Florida should exempt itself from the provisions of Fla. Stat.
S 316.2123; and
WHEREAS, the Board of County Commissioners received comment from the public at
that duly noticed hearing regarding the provisions of Fla. Stat. S 316.2123; and
WHEREAS, it is the policy of Collier County to promote and regulate the safety of its
citizens on all public roadways of the County; and
\VHEREAS, the Board of County Commissioners listened to staff and considered the
provisions of said Statute and its impact and implications on the County and its citizens.
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Collier County, Florida, that Collier County. Florida is hereby made exempt from the provisions
of Fla. Stat. S 316.2123 and the same shall not be in effect in Collier County, FIOlida.
This Resolution is hereby ndopted after motion, second and majority vote this 26th day of
September 2006.
ATTEST:
DWIGH'r 'E. BROCK. CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
. ::.-- /~/?
. ----- ...
By ~/'~
FRANK HALAS. CHAIRMAN
By .~~~~~~' \
. lt~ OAl~
Approvci:!'iiSfofOrm
~:H:f!Q7L L
Michael W. Pettit,
Chief Assistant County Attorney
Statutes & Constitution :View Statutes :->2007 ->Ch0316->Sectioll 2] 23 : Online Sunshine Page 1 of 1
Agenda Item NO.1 OC
October 23, 20C7
Page 6 of 6
Select Year: 12007.:J Gol
The 2007 Florida Statutes
Title XXIII
MOTOR VEHICLE'S
ChapteL3J 6
STATE UNIFORM TRAFFIC CONTROL
View EntireCh"p-ter
316.2123 Operation of an ATV on certain roadways,--
(1) The operation of an ATV, as defined in s. 317.00Q3, upon the public roads or streets of this state is
prohibited, except that an A TV may be operated during the daytime on an unpaved roadway where the
posted speed limit is less than 35 miles per hour.
(2) A county is exempt from this section if the governing body of the county, by majority vote,
following a noticed public hearing, votes to exempt the county from this section. Alternatively, a county
may, by majority vote after such a hearing, designate certain unpaved roadways where an ATV may be
operated during the daytime as long as each such designated roadway has a posted speed limit of less
than 35 miles per hour and is appropriately marked to indicate permissible ATV use.
(3) Any ATV operation that is permitted under subsection (1) or subsection (2) may be undertaken only
by a licensed driver or a minor who is under the direct supervision of a licensed driver. The operator
must provide proof of ownership under chapter 317 upon the request of a law "~forcement officer.
History.--s, 14, ch. 2006-290; 5.17, eh. 2007.196.
Copyright C:1 1995-2007 The Florida Legislature. Prjyac',r' 5<::atcm'
Cor;tact Us
ht1p:! /www.leg.state.fl.us/statutes/index.cfm ? App ~mode~ [, "play ~ Statute&Search _ String=... 8/20/2007
Agenda Item NO.1 00
October 23, 2007
Page 1 of 9
EXECUTIVE SUMMARY
Recommendation to adopt a resolution authorizing the acquisition by gift or purchase of
right-of-way and related easements necessary for the construction of roadway, drainage and
utility improvements required for the expansion of Goldcn Gate Boulevard from west of
Wilson Boulevard to east of Everglades Boulevard (Phase One project limits), and
authorizing the acquisition of lands necessary for the construction of stormwater retention
and treatment ponds for both Phases One and Two (from west of Wilson Boulevard to cast of
Desoto Boulevard.) Project No, 60040, Estimated fiscal impact: $18,411,297.00,
OBJECTIVE: To repeal Resolution No. 2007-292, and to adopt a new resolution authorizing the
acquisition by gift or purchase of right-of-way and related eascments necessary for the expansion of
Golden Gate Boulevard from west of Wilson Boulevard to east of Everglades Boulevard (Phase
One project limits), and authOlizing tbe acquisition of lands necessary for the construction of
storrnwater retention and treatment ponds for both Phases One and Two (from west of Wilson
Boulevard to east of Desoto Boulevard.)
CONSIDERATIONS: On October 9, 2007, the Board of County Commissioners adopted
Resolution No. 2007-292, delegating administrative scttlement authority to the County Manager or
his designee to approve the purchase of real property up to $50,000 above its appraised value
without regard to the appraised value itself It is being recommended that Resolution No. 2007-292
be repealed and replaced with the attached resolution in ordcr to limit the delegation of that
settlement authority, without further Board approval, to twenty-Jive perccnt (25%) above the
County appraiser's estimate of compensation to the property owner up to a maximum of $50,000
above the County appraiser's estimate of compcnsation to the property owner. This authorization to
otTer up to 125% but not to cxceed $50.000 over the County's appraisal relates to the property being
acquired and not to the overhcad expenscs rclated to processing the transfer of ownership (i.e.,
attorney, appraiser, and othcr cxpel1 fees, title insurancc, recording fees. etc.) The ability to
accommodate Administrative Settlements is sought to assist in the rate of negotiated scttlements and
to reduce the costs associated with condemnation of need cd parcels.
FISCAL IMPACT: It is estimated that the total cost of the right-of~way which must be purchased
will be $18,41 L297.00. This amount includes the cost of the land required for construction. as well
as all cxpenses for title work. real cstate appraisals, stafTtime, and those expenses, such as propel1y
owner attorney fees and expert witncss fees, which the County is required to pay according to
Sections 73.091 and 73.092, F.S. All such payments will come fi'om the Transp011ation Supported
Gas Tax fund and the Road Impact Fce fund. Sourcc of funds are gas tax and road impact fees.
GROWTH MANAGEMENT IMPACT: As part of the County's proposed 5 year work program,
the expansion of Golden Gate Boulcvard (Project No. 6(040) is an integral part of Collier County's
Grovvth Management Plan.
RECOMMENDA TJON: That tbe Board of County Commissioners ofCollicr County:
Aoenda Item t"o. 100
o October 23, 2007
Page 2 of 9
1. Adopt the attached Reso lution;
2. Authorize its Chairnlan to execute same on behalf of the Board; and
3. Authorize any budget amendments that may be necessary to implement the collective will of the
Board as evidenced by the adoption of the attached Resolution and the approval of this
Executive Summary.
Prepared by: Kevin Hendricks, Right-of-Way Acquisition Manager
Transportation Engineering and Construction Management Department
Attachment: Gift and Purchase Resolution w/ Exhibits
Item Number:
Item Summary:
Meeting Date:
page I or I
Agenda Item NO.1 00
October 23, 2007
Page 3 019
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
100
ReCOfrlll1endation to adopt a resolution authorizing the acquisition by gift or purchase of right-
ufway and reIClL(,d f~aselllents necessary for the construction of madway, drainage and utility
improvements required 100lhe expansion of Golden Gale Boulevard from west of Wilson
boulevwd to east of Everglades Boulevard (Phase One projectlirnits), and authorizing the
acquisition of lands necessary for the construction of stormwater retention and treatment
ponds for both Phases One and Two (from west of Wilson Boulevard to east of Desoto
l]ouIE'vmd.) Project hJo GOQ40. Estimated fiscal impact $18,411,297.00. (Norman Feder,
TransportJtion Services Administrator,)
10/23/2007 900:00 I\M
PrCIHtred By
Kevill Hendricks
Transportnl.ioJl Services
RiUflt Of Way Acquisition Manager
Date
TEeM.ROW
10110/20073:56:05 PM
AlllJroved B)'
Lisa Taylor
Transportation Services
Management/Budget Analyst
Date
Transportntion Adll1inistration
10/10/20074:09 PM
Approved By
Nnjefl Ahmad
rransportation $Hrvices
Director
Date
TrilllsportatiUl1 Engil1eerill~1 &
Construction ManagpnH:nt
10111/20077:41 AM
A(lproved By
Norm E. FcrJer, AICP
1 f,lIIc;portatiof1 Servicp.s
1 nmsportatioll Division Administrator
Date
TliHI!;POfl;llinfl S(~rvic"f, ,'l,dlllin.
10/1112007 fI:44 AM
Allpro\'cd B)'
Sharun Hp<:nnan
'J r;1I1sportilticn S('rvl'c....s
(HJ;(JUllrin9 Slq,ml,'isol'
Date
ffi.1I1SrH}rl:\lil)f1 SCt'vir.ps I-\rjmin
10.111/200711:07 AM
Appnn.'ell B:y
P,:~ L.plifflwid
1 ['tHlsportaitoll SelHi' Pf,
r:J:',cufjVf; :>'crf'l.ary
Date
1 t;\;\';prTI;1'i'1l1 ::;','~Vi("fS /1.lllllin
10/'11/20071:50 PM
AJlpnncll By
IJfi!iB CoonJinator
!-\dministrDtivc ~)hrviCDS
f.\pplicntions I\nalyst
Dale
Inhrrni1.!ionlechnologv
10111120072:34 PM
Apllrtwcd B)-'
SU,ii)11 Ush'n
County M<1lwgPr's Offic,,"
S{'t1ior M;ll1:"rJ['lnen\iDudu\;~t Analyst
Date
Offic,", of f1!ilr1;H;enWI\t & Budget
10/121200711:58 AM
Apllrovell B:y
Michael Sf!lykowski
COllntv MarlcI9t!!"S Olfice
Man;lgernent & Budget Director
Date
Offiu' of Mrm,lqernel11 & BlJtlget
10/12/20073:31 PM
Allpmnd By
Jill/IE'S V. Mudd
Board of County
COfllnlis~i(lllCrs
County Manager
Date
County Manager's Office
10/15/200711:20 AM
---r
.I\genda Item NO.1 00
October 23,2007
Page 4 of 9
RESOLUTION NO. 2007,_
A RESI1UTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE
OF RIG -OF-WAY AND RELATED EASEMENTS NECESSARY FOR THE
CONSTR CTION OF ROADWAY, DRAINAGE ANTI UTILITY IMPROVEMENTS
REQU D FOR TIIE EXPANSION OF GOLDEN GATE BOULEVARD FROM
WEST 0 WILSON BOULEVARD TO EAST OF EVERGLADES BOULEVARD
(pHASE ONE PROJECT LIMITS), AND AUTHORIZING THE ACQUISITION OF
LANDS, NECESSARY FOR THE CONSTRUCTION OF STORMWATER
RETENTION AND TREATMENT PONDS FOR BOTH PHASES ONE AND TWO
(FROM WEST OF WILSON BOULEVARD TO EAST OF DESOTO BOULEVARD.)
j (PROJEl NO. 60040.)
WHEREAS, the Board of County Commissioners (Board), on June 7, 2005, adopted
rdinance NO! 2005-25 therein establishmg the Capital Improvemeot Element of the Growth
Management Plan in order to establish priorities for the design, acquisition a~d construction of
the various ca~ital improvement projects; and
I WHEfAS, the Transportation Element of the County's Comprehensive Plan was
adopted in Ord.inance No. 2005-25; and
I WHEJEAS, the expansion of Golden Gate Boulevard from west of Wilson Boulevard to
DeSoto Bouleyard (Project No. 60040) is one of the capital improvement projects required under
,
the Transportation Element of the County's Comprehensive Plan; and
i WHEREAS, the expansion of Go]den Gate Boulevard from two Janes to four lanes (and
ultimately six lanes) from west of \Vilson Boulevard to East of Everglades Boulevard, the "Phase
Jne" limits 0; the project comdor, as depicted in Exhlbit "A" attached hereto and incorporated
herein, and the acquisition and construction of storm water retention and treatment ponds along
Phases One arid Two of the project corridor, in the locations collectively represented by the legal
descriptions depicted in Exhibit "B" attached hereto and incorporated herein, are necessary in
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order to protect the health, safety and welfare of the citizens of Collier County. and will assist
,
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~oIJjer County in meeting certain concurrency requirements of the Growth Management Plan for
Collier County.
WHEREAS, on October 9,2007 the Board adopted Resolution No. 2007-292 authorizing
the acquisition of those fee simple and permanent and temporary easement interests necessary
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fbr the expansion of Golden Gate Boulevard and for the construction of storm water retention and
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treatment ponds; and
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WHEREAS, the Board desires to amend the delegations of authority in Resolution No.
2007-292.
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Agenda Item NO.1 00
October 23, 2007
Page 5 of 9
:
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NOW,ITHEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
. !
. OMMISSIO~RS OF COllIER COUNTY, FLORIDA, that:
. The sJard has determined that the expansion of Golden Gate Boulevard from west of
ilson Bouletard to DeSoto Boulevard. Project No. 60040 (hereinafter referred to as "the
oject"), is n~cessary and in the public's best interest in order to protect the health, safety and
welfare of the ~itizens of Collier County.
2. The construction of the Project is an integral part of the County's long range planning
I
effort, and is tC!Uded in the Transportation Element of the County's Comprehensive Plan for
yrowth Manafement. as approved by the Florida Department of Community Affairs.
~. It is necessary and in the best interest of Collier County for the Board to authorize he
tQUisition Ofrght-of-Way in either fee simple, or as easements for roadway, dramage and/or
utility PUrpOSeIS, as well as temporary construction and driveway restoration easements, within
Jhase One of Ihe Project corridor, identified on Exhibit "A" (attached hereto by reference and
made a part hereof), and stormwater retention and treatment pond sites in fee simple within
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Phases 1 and ~ of the Project corridor (the Phase Two limits of the project corridor are from East
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of Everglades ~oulevard to East of DeSoto Boulevard), in the locations collectively represented
t the legal descriptions depicted in Exhibit "B" attached hereto aod incorporated herein, as best
SUIts the needJ of the project; and the County Manager or his designee is hereby authorized and
Lceted to acquire said right-of-way and storrnwater retention and treatment pond sites by either
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~lft or purchase.
4. The Board hereby directs the County Manager or his desif:,'nee to make purchase offers to
property owners based upon appraisals prepared for Collier County by licensed real estate
appraisers.
~. In vie", of the differences of opinions between real estate appraisers as to property owner
Jompensation bstimates, and in view of the cost of condemnation, the Board hereby authorizes
. ,
tre County Mrager or his deslgnee to approve right-of-way, easement, and storrnwaler retention
and treatment pond site purchases where the property owner has agree"- to sell the required land
Jghts to the cbunty at, or up to twenty five pcrcent (25%) above, Collier County's appraiser's
estimate of fum compensation to the property owner, with the maximum approval authority not to
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exceed $50,000 over the County's appraiser's estimate of full compensation. Such purchase
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,
.Page 2.
Agenda Item No.1 OD
October 23. 2007
Page 6 of 9
approvals are tercinafter referred to as "Administrative Settlements." Each and every proposed
settlement O\'f one hundred and twenty~five percent (125%) or over $50,000 above the County's
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appraiser's es..mate of full compensation shall require separate Board approval.
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6. The Bfarct hereby authorizes its Chairman, and any subsequent Chairman for the life of
the Project, uclan the approval of the Office of the County Attorney as to form and legal
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sufficiency, to! execute Easement Agreements and Purchase Agreements for right-of-way and/or
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stormwater re1/ention and treatment pond sites, where the property owner has agreed to sell the
required land rights to the County at its appraised value, or within the Administrative Settlement
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provisions of ~aragraph 5 (above); and the Board hereby authorizes its present Chairman, and
any subseque~t Chairman for the life of the Project, to execute any instruments which have been
approved by t~e Office of the County Attorney, to remove the lien of any encumbrance and for
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any such othe~ purpose as may be required.
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7. Said Atministrative Settlement authority is delegated by the Board to the extent that such
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delegation dads not conflict with the provisions of Section 125.355, Florida Statutes.
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8. Where!the property owner agrees to convey a necessary interest in real property to the
County. through the execution of a "Purchase Agreement" or "Easement Agreement," and upon
the proper exc!=ution by the property owncr of such legal instruments as the Office of the County
Attorney may ....equire. the Board hereby authorizes the Finance Department to issue warrants,
and/or to make wire transfers, payable to the property ov.mer(s) of record, and to others who may
possess an cq9itable interest in the subject right-of-way parcels or stonnwater retention and
treatment sites, in those amounts as shall be specified on a Closing Statement.
9. All titlC to real property which has been obtained in the manner described above shall be
deemed "accclflted" by the Board of County Commissioners, as the governing body of Collier
County, Flori~a, a political subdivision of the State of Florida. and as such, staff is hereby
authorized to ~cord in the Public Records of Collier County. Florida, deeds. easements or other
,
instruments as: may be required to remove the lien of any encumbrance from the acquired
properties.
10. Resolution No. 2007-292 is hereby repealed in its entirety.
-Page 3.
Agenda Item No. 10D
October 23, 2007
Page 7 of9
This R solution, adopted on this _ day of
second and m~jOrity vote.
. 2007. after motion,
TTEST:
WIGHT E. ROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
JAMESCOLETTA,CHA~AN
Approved as tfl fann and
legal sufficiency:
I
Heidi F. Asth~n-CiCkO
A.ssistant County Attorney
- Page 4~
"All I
EXHIBJT~""s hpm No. 10D
~ I 6f:toper 23, 2Q07
-.. --...,..,ge 8 of 9
; I "'1
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,
......
,
~
~
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.
,-oj!;
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Parcel No.
PSP1W1
i
PS 1W2
PS 1E1
PSJ1 E2
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PSP2W1
PSP2W2
PSP2E1
PSP2E2
PSR3W1
I
PSR3W2
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PSP3W3
I
,
PSP3E
,
,
PSP4
EXHIBIT B
GOLDEN GATE BOULEVARD POND SITE PARCELS
Agenda Item NO.1 00
October 23, 2007
Page 9 of 9
ALL INTERESTS TO BE ACQUIRED IN FEE SIMPLE
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L~gal Description:
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The East 165 feet atTract 18, Golden Gate Estates Unit No. 13, according to
th$ plate thereof, as recorded in Plat Book 7, Pages 71 through 72, of the
pUblic records of Collier County, Florida. Folio No. 37221200005.
I
Trle West 180 feet otTract 19, Golden Gate Estates Unit No. 13, according to
th~ plate thereof, as recorded in Plat Book 7, Pages 71 through 72, of the
PUiliC records of Collier County, Florida. Folio No. 37221280009.
Tile West 150 feet of Tract 130, Golden Gate Estates Unit No. 13, according to
the plate thereof, as recorded in Plat Book 7, Pages 71 through 72, of the
public records of Collier County, Florida. Folio No. 37228760001.
Tl East 200 feet of Tract 130, Golden Gate Estates Unit No. 13, according to
thf plate thereof, as recorded in Plat Book 7, Pages 71 through 72, of the
public records of Collier County, Florida. Folio No. 37228720009.
"
Trk East 180 feet of Tract 57, Golden Gate Estates Unit No. 48, according to
th~ plate thereof, as recorded In Plat Book 5, Page 78, of the public records of
Cqllier County, Florida. Folio No. 39204000000.
The West 150 feet of Tract 57, Golden Gate Estates Unit No. 48, according to
th~ plate thereof, as recorded In Piat Book 5, Page 78, of the public records of
Cdllier County, Florida. Folio No. 39204040002.
The North 350 feet of Tract 127, Golden Gate Estates Unit No. 13, according to
the plate thereof, as recorded in Plat Book 7, Pages 71 through 72, of the
public records of Collier County, Florida. Folio No. 37228540001.
The South 330 feet of Tract 127, Golden Gate Estates Unit No. 13, according
to Ihe plate thereof, as recorded in Plat Book 7, Pages 71 through 72, of the
public records of Collier County, Florida. Folio No. 37228520005.
I
The West 180 feet of Tract 153, Golden Gate Estates Unit No. 51, according to
the plate thereof, as recorded in Plat Book 5, Page 84, of the public records of
C~lIier County, Florida. Folio No. 39394600006.
The West 75 feet of the East 150 feet of Tract 153, Golden Gate Estates Unit
Nd. 51, according to the plate thereof, as recorded in Plat Book 5, Page 84, of
the public records of Collier County, Florida. Folio No. 39394680000.
i
Th~ East 75 feet of Tract 153, Golden Gate Estates Unit No. 51, according to
th~ plate thereof, as recorded in Plat Book 5, Page 84, of the public records of
Callier County, Florida. Folio No. 39394640008.
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Tract 63, Golden Gate Estates Unit No. 80, according to the plate thereof, as
reqorded in Plat Book 5, Page 18, of the public records of Collier County,
Fldrida. Folio No. 40866000000.
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Tract 19, Golden Gate Estates Unit No. 78, according to the plate thereof, as
reGorded in Plat Book 5, Page 16, of the public records of Collier County,
Fldrida. Folio No. 40741080006
Agenda Item No.1 OE
October 23, 2007
Page 1 of 27
.,_.
EXECUTIVE SUMMARY
Recommendation to approve Contract Amendment No.7, Exhibit E, for a Guaranteed
Maximum Price (GMP) of $7,012,302 under Contract No, 04-3576, "Construction Manager
at Risk Services for the Courthouse Annex and Parking Garage", with Kraft Construction
Company, Inc. for the interior finishing (Build-Out) of the Courthouse Annex floors 4
through 7, project number 52533,
OBJECTIVE: To obtain approval from the Board of County Commissioners of a contract amendment for
a GMP of $7,012,302 under Contract No. 04-3576, Construction Manager at Risk Services for the
Courthouse Annex, with Kraft Construction Company, Inc., for the interior finishing (Build-Out) of the
Courthouse Annex floors 4 through 7.
CONSIDERATIONS: On March 9, 2004 (agenda item 16E7) the Board approved Contract #04-3576,
"Construction Manager at Risk Services for Courthouse Annex and Parking Garage", with Kraft
Construction Company, Inc. (Kraft) with a Pre-construction Phase fee of $115,000 (split equally between
the Courthouse Annex and the Parking Garage).
The Courthouse Annex was initially designed as a four-story building with the foundation and structure to
ultimately support seven stories. On June 28, 2005, Agenda Item 16E10, the Board approved a contract
amendment with the architectural firm to modify the design to incorporate the additional three floors for
the Courthouse Annex bringing the total height to seven stories (the maximum allowed under the PUD)
for occupancy by the Clerk of Courts, the States Attorney, and the Public Defender. The design was
developed and the SDP amendment for floors 5 to 7 was submitted to the County on December 20, 2005.
On July 5, 2006, the County issued a pre-approval letter for the SDP amendment.
On July 25, 2006 (Agenda Item 10L) the Board approved the partial re-bidding of Contract Amendment
No.2, Courthouse Annex Building, under Contract No. 04-3576, "Construction Manager at Risk Services
for Courthouse Annex and Parking Garage" with Kraft Construction Company, Inc. and to allow Kraft to
cancel most of the then, existing subcontracts.
On November 14, 2006 (Agenda Item 10F), the Board approved Contract Amendment No.6, for a new,
Guaranteed Maximum Price (GMP) of $36,685,528 for the construction of the full, seven-story
Courthouse Annex with only the first three floors completely finished (interior floors, walls, and ceilings
completed), but with the top four floors (4th through 7th) unfinished (structural shell only - no interior
walls, finished floors or ceilings).
In March of this year, a Change Order was issued to the architectural firm to complete the layout of the
internal walls and other components of the final design for the upper four floors. To minimize design and
construction costs, the top three floors are based on a repetitive design rather than customizing each floor
for the planned occupants.
The final design/layout for floors 4 thru 7 was completed by the architectural firm in early July 2007. A
new permit for the internal floor, wall and ceiling layout was applied for on August 7, 2007. The permit is
in its second re-submittal and is expected to be approved by December of this year. Kraft Construction,
CM@Risk for the Annex, was asked to solicit for, and prepare a new GMP adding the installation of the
finished floors, interior walls, ceilings, lighting, HVAC distribution, communication/security wiring, and
electrical wiring in the upper four floors according to the new design/layout.
-
Agenda itsm NO.1 OE
October 23. 2007
Page 2 of 27
Executive Summary Re GMP Build-Out
Paqe 2
On October 5, 2007 Kraft submitted a GMP of $7,012,302 for completing the interior layout and finishes
(build-out) of top 4 previously unfinished floors. The proposed contract amendment to incorporate the
GMP for the build-out of the upper four floors into Project 52533 is based on the following updated cost
estimates:
Design/Permitting
GMP (7 stories, 3 finished)
Other project costs
Chiller Plant replacement unit
Subtotal
Updated Cost Estimates
$4,140,000
$36,685,528
$1,134,472
$1,739.000
$43,699,000
Commissioning
Finish Floors 4 thru 7
Contingency
TOTAL Project Costs
$1,600,000
$7,012,302
$1 748.908
$54,060,210
2005 Bond Proceeds
General Fund project support (1/3 mill)
Commercial Paper (budgeted)
TOTAL funding (as of FY 2007)
Available Funds
$22,844,000
10,782,210
20 434.000
$54,060,210
FISCAL IMPACT: There is adequate budget to fund Change Order #7 in the amount of $7,012,302. The
Annex Building project has over $33.6 million in cash (the 2005 bond proceeds, $2 million in General
Fund (1/3 mill money) and $8 million in General fund (2007 UFR money). Since this project has cash, the
Commercial Paper Loan cash will not be requested until near the end of the proJect. A net loan amount of
$20,434,000 is required for this proJect; with fees and pre-paid interest, a gross loan not to exceed
$20,550,000 is recommended. Based on a 20-year commercial paper loan of $20,550,000; the estimated
debt service payment next fiscal year will be approximately $2,047,000 and will be paid with General
Governmental Building Impact fees.
GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management
Plan and the Government Complex Projected Space Plan.
RECOMMENDATIONS: That the Board of County Commissioners 1) approves Contract Amendment No.
7, for a Guaranteed Maximum Price (GMP) of $7,012,302 under Contract No. 04-3576, "Construction
Manager at Risk Services for Courthouse Annex and Parking Garage", with Kraft for the internal finishing
(build-out) of floors 4 thru 7, project 52533; 2) authorizes the Chairman to execute a contract amendment
with Kraft, after review by the County Attorney's Office, in an amount of $7,012,302, and 3) adopts the
attached Resolution authorizing a loan in an amount not to exceed $20,550,000 from the Commercial
Paper Loan Program.
PREPARED BY: Hank Jones, Principal Project Manager, Department of Facilities Management
Page I of I
Agenda Item No.1 DE
October 23, 2007
Page 3 of 27
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
1UE
Recommendation to approve Contract Amendment No 7. Exhibit E. for a Guaranteed
Maximulll Price {GMPj of $7,012,302 under Contract No. 04-3576, Construction Manager at
I'\isk Services for the CourttlOuse Annex and Parking Garage, with Kraft Construction
Comp"ny, Inc for the interior finishing (Build-Oul) of the Courthouse Annex floors 41hrough
7, proJeclnUITlbel 52533. (Hank ,Jones, Sr. Project Manager.)
Item Summary:
Meeting Date:
1 0/23/2U07 8UO:00 AM
IJrCI)arcd By
Hank Jones
Soniar Project Manager
Date
Administr!ltive Services
Fi\ciliti('s Man:>gf!UJetlt
10111120074:31;43 PM
Aplu'oved By
Linda Best
Contracts Agent
Date
Administrati1fe Services
PurCll(lsinq
10/12/20078:07 AM
AlllH'ond H)'
Skip C3rnp. C.F.M.
Facilities Manng'lment Director
Date
Administrative Services
Facilities Man;lg0llHml
10/12/20078:30AM
ApJlrO\'cd By
f(elsey WanJ
Contract Auministration Manager
Date
Administrative Serviens
PUlchi1sing
10/12/200712:16 PM
Af)Pruvcd By
OM8 CoonJirJiltol
flppIiCi1U'-'tl$ f..IlF'lyst
Date
IHill1inislrntiv<: S(nVic(~h
Illlorrni!l iiln 1 f;"II!lul()~JY
10/15/200711:57 AM
AIlPrond Bl
Susan USII',:'
Si.'i1iot' Ll,!ni:!:j':'!11CIJt!UlIdU(,t AnAI\!st
Date
COllntv M;I:Ii.lper'S Offico
Ofji~;c ,:)f r,Jinnaor:nWIl(;;, Budnel
1D/17/2007 9:52 AM
A)lpnl\'cd B)
Jal1l,,$ V. Mudll
COUllly 1\1ill1ilger
Date
80:u(1 uf Cuunty
Comrnissi(>IICf$
Cotmty r"'I'lll;l!Wr',,. Olficu
10/17/20072:21 PM
EXHIBITE
.Agenda Item NO.1 OE
October 23, 2007
Page 4 of 27
AMENDMENT NO.7 TO AGREEMENT BETWEEN
OWNER AND CONSTRUCTION MANAGER
Pursuant to Articles 7 ilnd 8 oflhe Agreement. dated September 28, 2007, between The Board of County Commissioners of Collier County, Florida, a political
subdivision oflhe State of Florida ("Owner") and Kraft Construction Company, Ine ("Construction Manager"), for management and construction orlhe Collier
County Courthouse Annex 4th thru 7th Floors Interior BuiJdout ("Project"), the Owner and Construction Manager herehy establisl1the Construction Manager's fce,
Cost of the Project, Guaranteed Maximum Price and Contract Time for the Worl-: as set forth below
I. CONSTRIICTIO:\ !\l4.'\AGER'S FEE
The Construction Manager's fee, as defined in Article 8.1.2 of the Agn:cm<:l1t, for work or services performed during thl' Construction Phase for the Courthouse Annex
4111 thru 7th F]oors Interior Buildout only shall be $247,1 S lUO The Construction Phase Fee for the Courthouse Annex 4th thru 7th Floors Interior Buildout only shall be
invoiced and paid in five (5) monthly payments of $41,] 96,00 each and one final monthly payment of $41.20 100 The first monthly Application for Payment shall be
submitted no earlier than thirty (30) days following the issuance of the first Construction Authnri/.ation by the Ov.mer's Representative and the final Application for
Payment shall be paid only when construction of the Project is finally completed and oecupuncy of the Project accepted by the Owner, The Overhead and Profit for the
Courthouse Annex 4th thru 7th Floors Interior I3uildout only for the Construction Phase, as defined in Article 8].3 of the Agreement, shall he $333,919,00, This
Overhead and Profit for the Courthouse Annex 4th thru 7th Floors Interior Buildout only shall be invoiced as defined in Article 8. 1.3
2. COST OF TilE PROJECT
The total Cost of the Courthouse Annex 4th thru 7th Floors Interior Buildout ['roICC!. as defined in Article 9 of the Agreement is $6.431.202,00
3. Gl'ARA.'\TEED J\lAX1MUM
Construction Manager's Guaranteed Maximum Price for the Courthouse Annex 4th thru 7th Floors Interior Buildout Work only. including the Construction Manager's
fee, O&P for the Construction Phase. and Cost of the Project is $7,Or::U02.00, This Price is for the perfom1ance of the Work in accordance with the Contract
Documents listed and attached to this Amendment and marked Attachmcnts ] through 5 as fol]ows
Attachment Number
Description
Pages
Dated
la
GMP Proposall.ettcr\\'/Cost Breakdown
for the Courthouse Annex 4th thru 7th Floors Interior Buildout
I thru 17
October] O. 2007
Ib
Drav,"ings, SpeCifications. Addenda :ll1d
(,eneral Supplementary and other Conditions
of the Contract on w]1I(;h the CiuarullteeJ ~b\:imum
Price for the Courthouse Annex -+lh thru 7th Floors Interim
Buildout IS hased
]thru3
September 2S, 2007
,
Lisl of All()\\'~mces
I thru ]
Scpli:mher 2S 2(J()7
/\ssumpllOTlS. ('!ariric;l1iolls &. ()uulilk;'JllUTlS
M~ldt' in prcpannf: the {-,t\11' Set CiU~lralltl.l.J \'b\IIllLlln !'rice
I tl1nl (,
Scplcmh~.r 2S 2(1()7
4
Compleuon Schedule I tor n:fcrcllcl' purposes onh
notaCol1tractDocUmCIll)
llhrul(;
\1ay 4. 20(J7
5
Comple1ed F\:hihits /\. B. C,. I r &. I
Ithru5
Sl'plemhn::'8.2(HJ7
L\:hlhit I
Owner and COl1stfllelion t\bn ,C:l \'l'l.ndment No
1'.I;2C I
Igreement
Agenda Item No. 10E
October 23, 2007
Page 5 of 27
4. CONTRACT TIME
The total period of time beginning with the Construction Phase Commencement Date fOf the Courthouse Annex 4th thru 7th Floors Interior Buildout Only to the date of
Substantial Completion of the Work for the Courthouse Annex 4th thru 7th Floors lnterior 13uildout is an additional one hundred five (105) calendar days ("Contract
Time") to the Courthouse Annex of six hundred seventy (670) calendar days for a total duration of seven hundred seventy-five (775) calendar days for the Buildout of
Interior Floors 4-7 and the Construction uflhe Courthouse Annex. This will move the substantial completion Jate to March 1 ",2009 for the Courthouse Annex Project
CONSTRUCTION MANAGER
KRAFT CONSTRUCTION COMPANY, lNC
By
John Pinholster
Attest:
By
Title:
President
As V,ritnesscd'
By
(Corporate Seal)
OWNER
ATTEST
D\VIGHT W BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By
By:
.lAMES N COLETTA. CHAIRMAN
Ddtc
Approved us to form (JIlU legal sufficiellc,\'
Rohcrt N Zachary, AS$lSt:Jl1t County /'Illume)'
bhi\1itE
Owner and Construction Manager Amendment No 7 Agreement
Page 2 of2
Agenda item NO.1 OE
October 23, 2007
Page 6 of 27
Attachment la
October 9, 2007
Mr. Hank Jones, Project Manager
Collier County Government
Department of Facilities Management
3301 Tamiami Trail East, Building W
Naples, Florida 34112
RE: COLLIER COUNTY COURTHOUSE ANNEX
4TH THRU 7m FLOORS INTERIOR BUILDOUT
NAPLES, FLORIDA
Dear Mr. Jones:
We are pleased to provide you with this GMP Cost Estimate for the proposed "Collier
County Courthouse Annex 4th thru 7th Floors Interior Build-out", The GMP Cost Estimate
was based upon the enumerated Project Documents as prepared by SpilUs Candella DMJM
Architects, and our list of Qualifications. Our GMP Cost Estimate is as follows:
GMP Cost Estimate;
For the Courthouse Annex 4th thru 7th Floors Interior Build-out is....... ..$7,012,302.00
We have included a 2 % Construction Managers Contingency within this GMP amount.
If you should have any questions, please feel free to call.
S incerel y,
~C~ANYINC.
William McCollum
Senior Estimator
Attachments 1 band Exhibit(s) E, A, B, G, H and I, Summary Estimate and Detail Estimate - Dated
WM/wsd
KRAFT CONSTRUCTION COMPANY, INC.
3520 Kraft Road, Naples, Florida. 34105 - (239) 643-6000 Phone - (239) 643-0090 Estimating Fax
Attachment 1 b
Exhibit" A"
Agenda Item NO.1 OE
October 23, 2007
Page 7 of 27
September 28. 2007
fjd'__
!.I;'~ .
Enumeration of Project Documents
~
COI.LlER COUNTY COURTHOUSE ANNEX
4Lh THFW 7Lh FLOOH INTEHIOR BUILDOUT
Page
Number Description PERMIT SET Rev#\ Rev #2
PERMIT BID SET AS DESIGNED BY SPlUlS CANDELA DMJM ARCHITECTS
Architecturals
... Cover Sheet with Partial Site Plan, Vicinity Map and Drawing List 7/2012007
A1.2.00 Ufe Safety Site Plan and Calculations 7/20/2007
A1.2.04 Fourth level Ufe Safety Plan 7/20/2007
A 1.2.05 Fifth Level Life Safety Plan 7/2012007
A1.2.06 Sixth Level Life Safety Plan 7/20/2007
A1.2.07 Seventh level Life Safety Plan 7/20/2007
A2.2.04 Floor Plan - Fourth Level 7/20/2007
A2.2.05 Floor Plan. Fifth Level 7/20/2007
A2.2.06 Floor Plan. Sixth Level 7/20/2007
A2.2.07 Floor Plan. Seventh Level 7/20/2007
A2.3.04 Reflected Ceiling Plan - Fourth level 7/20/2007
A2.3.05 Reflected Ceiling Plan. Fifth Level 7/20/2007
A2.3.06 Reflected Ceiling Plan. Sixth Level 7/20/2007
A2.3.07 Reflected Ceiling Plan - Seventh and Eighth Levels 7/20/2007
A2.4.04 Interior Finish Plan. Fourth Level 7/20/2007
A2.4.05 Interior Finish Plan - Fifth Level 7/20/2007
A2.4.06 Interior Finish Plan - Sixth Level 7/20/2007
A2.4.07 Interior Finish Plan - Seventh Level 7/20/2007
A2.4.11 Enlarged Floor Patterns 7/20/2007
A2.5.04 Furniture Floor Plan - Fourth Level 7/20/2007
A2.5.05 Furniture Floor Plan - Fifth Level 7/20/2007
A2.5.06 Fumiture Floor Plan - Sixth Level 7/20/2007
A2.5.07 Furniture Floor Plan - Seventh Level 7/20/2007
A3.1.0l Restrooms Enlarged Plan and Plumbing Fixture Elevations 7/20/2007
A3.1.02 Restrooms Elevations 7/20/2007
A3.4.02 Enlarged Plans 7/20/2007
A5.3.01 Interior Details 7/20/2007
A5.3.02 Interior Details 7/20/2007
A5.3.Jl Ceiling Details 7/20/2007
A5.4.0l Millwork Enlarged Plans 7/20/2007
A5.4.02 Millwork Enlarged Plans 7/20/2007
A5.4.12 Millwork Elevations 7/20/2007
A5.4.21 Millwork Sections 7/20/2007
A5.4.22 Millwork Sections 7/20/2007
A6.1.01 Partition Types 7/20/2007
Page 1
Attachment 1 b
Exhibit "A"
Agenda Item NO.1 OE
October 23, 2007
Page 8 of 27
September 28, 2007
tI~l~
Enumeration of Project Documents
~
Page
Number Description PERMIT SET Rev #1 Rev #2
A6.2.02 Door Schedules and Door Types 7/20/2007
A6.2.03 Door Schedules and Door Types 7/20/2007
A6.2.11 Door Details 7/20/2007
A6.2.12 Door Details 7/20/2007
A6.3.03 Interior Opening Schedule and Louver Schedule 7/2012007
A6.S.01 Firestop Systems Schedule 7/20/2007
Fire Protection
FO.2.01 Fire Protection Notes, Symbols and Abbreviations 7/2012007
F2.2.04 Fire Protection Plan - Fourth Level 7/20/2007
F2.2.0S Fire Protection Plan - Fifth Level 7/20/2007
F2.2.06 Fire Protection Plan - Sixth level 7/20/2007
F2.2.07 Fire Protection Plan - Seventh Level 7/20/2007
FS.1.01 Fire Protection Details and Schedules 7/2012007
Plumbing
PO.2.01 Plumbing Notes, Symbols and Abbreviations 7/20/2007
P2.2.04 Plumbing Plan ~ Fourth Level 7/20/2007
P2.2.0S Plumbing Plan - Fifth Level 7/20/2007
P2.2.06 Plumbing Plan - Sixth level 7/20/2007
P2.2.07 Plumbing Plan. Seventh Level 7/20/2007
P3.2.01 Plumbing Enlarged Aestrooms Plan. Fuel Oil Details 7/20/2007
P4.2.01 Plumbing Isometrics 7/20/2(. 7
P4.2.02 Plumbing Isometrics 7/20/2 7
P5.0.01 Plumbing Details 7/20/2007
Mechanicals
MO.O.Ol HVAC Legend, Notes and Abbreviations 7/20/2007
M2.2.04 HV AC Fourth Level Floor Plan 7/20/2007
M2.2.0S HV AC Fifth Level Floor Plan ]'2;, D07
M2.2.06 HVAC Sixth Level Floor Plan " 2007
M2.2.07 HV AC Seventh Level Floor Plan c . ci2007
M2.2.0B HVAC Roof Level Floor Plan ~ Eighth and Ninth Levels 20/2007
M3.2.01 HV AC Sections /20/2007
M4.1.01 HVAC Chilled Water Riser Diagram , 7/20/2007
M4.1.02 HVAC Airflow Riser Diagram 7/20/2007
MS.l.01 HVAC Details 7/20/2007
--
MS.1.02 HV AC Details 7/20/2007
M6.1.01 HVAC Schedules 7/20/2007
M6.1.02 HVAC Schedules 7/20/2007
COLLlCI~ COUNTY COURTHOUSe ANNEX
~lh THIW 7th FLOOR INTEI~!OR BUILDOUT
Page 2
Attachment 1 b
Exhibit "A"
Agenda Item NO.1 OE
October 23, 2007
Page 9 of 27
September 28, 2007
~~-~- --
LI~'~
Enumeration of Project Documents
~
COLLIER COUNTY COURTHOUSE ANNEX
4th THIW 7th FLOOR INTE:RIOI{ I3UILDOUT
Page
Number Description PERMIT SET Rev #1 Rev #2
M6.1.10 HV AC Sequence of Operations 712012007
EZectricals
EO.1.01 Symbols, Abbreviations and Ughting Fixture Schedule 712012007
EO.1.02 Electrical Notes 712012007
E2.2.04 Illumination Plan Fourth Level 712012007
E2.2.0S Illumination Plan Fifth Level 712012007
E2.2.06 Illumination Plan Sixth level 712012007
E2.2.07 Illumination Plan Seventh Level 712012007
E2.3.04 Power Plan Fourth Level 712012007
E2.3.0S Power Plan Fifth Level 712012007
E2.3.06 Power Plan Sixth Level 712012007
E2.3.07 Power Plan Seventh Level 712012007
E2.4.04 T etephans and Data Plan Fourth Level 712012007
E2.4.0S Telephone and Data Plan Fifth Level 712012007
E2.4.06 Telephone and Data Plan Sixth Level 712012007
E2.4.07 Telephone and Data Plan Seventh Level 7/2012007
E2.S.04 Fire Alarm and Security Plan Fourth level 712012007
E2.S.0S Fire Alarm and Security Plan Fifth Level 712012007
E2.S.06 Fire Alarm and Security Plan Sixth Level 712012007
E2.S.07 Fire Alarm and Security Plan Seventh Level and Machine Room 712012007
E4.1.01 Power Riser Diagram 712012007
E4.1.02 Fire Alarm, Sound and Telephone Riser Diagram 712012007
E4.1.03 Fire Alarm 712012007
ES.1.01 Panel Schedules 712012007
E5.2.01 Electrical Details 712012007
ES.2.02 Electrical Details 712012007
ES.2.04 Bectrical Details 7120/2007
Addendum Plans. Distribution dare: September 10, 2007
A4.4.01 Wall Sections 712012007
A4.4.02 Wall Sections 7/2012007
A4.4.03 Wall Sections 712012007
A4.4.04 Wall Sections 712012007
M.4.0S Wall Sections 712012007
A4.4.06 Wall Sections 712012007
A4.4.07 Wall Sections 712012007
A6.4.11 Exterior Openings Plan Details 712012007
Page 3
Agenda Item NO.1 OE
October 23,2007
Page 10 of 27
Attachment 2
September 28, 2007
COLLIER COUNTY COURTHOUSE ANNEX
ill FINISH OF FLOORS 4-7
"LIST OF ALLOWANCES"
1. We have included an Allowance of $30,000 for signage and graphics. Labor and Materials.
2. We have included an Allowance of $10,000 for appliances. Materials only.
Agenda Item NO.1 OE
October 23, 2007
Page 11 of 27
Attachment 3
COLLIER COUNTY COURTHOUSE ANNEX FLOORS 4-7 ill BUlLDOUT
QUALIFICATIONS, CLARIFICATIONS & ASSUMPTIONS
ATTACHMENT 3
September 28,2007
The qualifications, clarifications and assumptions set forth in this exhibit form an
integral part of the Contract to which it is attached and to the extent necessary modify all
other exhibits, terms and conditions of the Contract that may be contradictory or that may
set forth different requirements to be complied with by Contractor. Where materials,
quantities, products and component parts are specified in this exhibit, they shall control
over any contrary provisions contained in other exhibits. Where statements are made that
information, items or services will be provided or furnished by Owner, they constitute
exclusions or alterations from the work that is otherwise set forth in the other terms and
conditions of the Contract and its exhibits. Where they state that items are not included it
means that the Work will be completed without the inclusion of such item and that if
required by Owner it will be the basis for a change order or construction change directive.
Where site conditions are specified, assumed, or assumptions as to the basis for pricing
are set forth, they control over any more comprehensively stated requirements in the
body of the Contract terms and conditions and constitute a limitation on the extent of the
Work to be performed for the guaranteed maximum or fixed price as the case may be.
DIVISION #1 - GENERAL CONDITIONS
1. Permit and impact fees are the responsibility of the Owner.
2, Primary utility service costs are the responsibility of the Owner.
3 . Owner/Architect office trailers on the site are not included.
4. Builder's Risk Insurance is the responsibility of the Owner. The Owner to be
responsible for any deductibles.
5. The Special Inspector (i.e. Threshold Building Inspector) is by the Owner as per the
specifications.
7, Handling or abatement of asbestos-containing or other hazardous material is
excluded.
8. The GMP excludes any mold or mildew abatement of existing facilities.
lof6
Agenda Ilem NO.1 OE
October 23, 2007
Page 12 of 27
Attachment 3
COLLIER COUNTY COURTHOUSE ANNEX FLOORS 4.7 In BillLDOUT
QUALIF1CATIONS, CLARIFICATIONS & ASSUMPTIONS
10. Kraft Construction reserves the option to provide subcontract default insurance
(Sub guard) in lieu of purchasing subcontractor performance & payment bonds from
the individual trade subcontractors
DIVISION #2 - SITEWORK
1. No work in this division
DIVISIONS #3 AND #4 - CONCRETE AND MASONRY
1. Masonry waJls for Vault (Rm 421) and Storage (Rm 436) are included in this GMP.
No other masonry work included.
2. Costs for labor for cleanup operations have been included.
DIVISION #5 - METALS
1. We have included steel supports for the vanitics in the public rcstrooms on floors 4-7.
2. We have included support brackets for the folding partitions.
3. No other structural or ornamental metal is included in this GMP.
DIVISION #6 - CARPENTRY
1. We have included Painted Wood Window SiJls at exterior openings where required
by project documents.
2. We have included concealed wood blocking for cabinets, bath accessories, etc. No
other rough carpentry is included in this GMP
DIVISION #7 - THERMAL AND MOISTURE PROTECTION
1. Any waterproofmg application at exterior waJls is not included in this GMP,
2. Floor-to-floor firestopping is not included in this GMP.
20f6
Agenda Item NO.1 OE
October 23,2007
Page 13 of 27
Attachment 3
COLLIER COUNTY COURTHOUSE ANNEX FLOORS 4-7 ID BUlLDOUT
QUALIFICATIONS, CLARIF1CATIONS & ASSUMPTIONS
3. We have not included sealed concrete floors or traffic coatings at mechanical rooms
in this GMP.
4. We have included thermal and acoustical insulation in interior and exterior metal
framed or furred walls, as indicated in project documents. Batt insulation between
spandrel panels and concrete beams/columns as seen in Drawings A4.4.01-A4.4.07
and on A6.4.11 is not included in this GMP,
5. We have included the STC sound rated insulation as required per the partition
schedule.
6. No insulation is included at underside of slabs, over ceilings, or at any other non-
vertical surfaces.
7. Costs for labor for cleanup operations have been included.
DIVISION #8 - DOORS AND WINDOWS
I. We have included (2) sliding glass security windows with deal trays.
2. We have not included any exterior windows, or any interior windows directly
adjacent to the atrium area on the 4th floor.
3. We have not included a new vault door at room 421. We understand that this door is
to be taken from another part of the building and reused in this location. We have
included costs for the installation of the vault door. If parts are required, ie door
frame, they will be billed as an extra work order.
4. We have included translucent glass for interior door sidelites in this GMP.
5. Ceiling access panels are included as indicated in project documents.
DIVISION #9 - FINISHES
I. All fire-rated partitions on floors 4-7 are included in this GMP.
2. Costs for labor for cleanup operations have been included.
3. We have not included the new soffit in the existing courthouse building on the 4th
floor above the new curtain wall glazing.
30f6
Agenda Item NO.1 DE
October 23.2007
Page 14 of 27
Attachment 3
COLLIER COUNTY COURTHOUSE ANNEX FLOORS 4-7 ill BIDLDOUT
QUALIFICATIONS, CLARIFICATIONS & ASSUMPTIONS
4. All acoustical ceilings indicated are included. We have not included any metal ceiling
panels for the atrium area.
5. We have included veneer plastering on exposed interior concrete columns.
6. We have included a level 4 smooth [mish as specified at all exposed drywall surfaces
to receive paint.
7. We have included all fire blocking (metal wall caps) as specified in the partition
details.
8. Includes all floor and wall tile as specified for bathrooms,
DIVISION #10 - SPECIALTIES
1. We have included tack boards, marker boards, bath accessories, and motorized
recessed projector screens as indicated in project documents.
2. All operable folding partitions are included.
3. We have included an allowance of $30,000 for required signage (room identification,
capacity signs, etc.) No signage schedule or plans have been provided, so these
costs are included as an allowance only.
DIVISION #11 - EQUIPMENT
1. We have included an Allowance of $10,000 for appliances.
DIVISION #12 - FURNISHINGS
1. We have included window treatments as indicated in project documents,
DIVISION #13 - SPECIAL CONSTRUCTION
I. No work in this section
40f6
Agenda Item NO.1 OE
October 23, 2007
Page 15 of 27
Attachment 3
COLLIER COUNTY COURTHOUSE ANNEX FLOORS 4.7 ID BUILDOUT
QUALIFICATIONS, CLARIFICATIONS & ASSUMPTIONS
DIVISION #14 - CONVEYING SYSTEMS
1. No work in this section
DIVISION #15 - MECHANICAL
1. Mechanical louvers have not been included.
2. All HV AC sensors and controls have been included in this GMP.
3. AHUs and main duct lines shown on Re-Bid drawings dated 5/26/06 are not included
in this GMP.
4. Costs for construction filters and monthly maintenance/filter changes have been
included.
5. Temporary water service for job trailers and for building has been included in this
GMP.
6. We have included money for domestic cold water insulation in this GMP.
7 . We have also included costs for connecting condensate piping to floor drains
throughout building.
8. No floor to floor plumbing is included in this GMP. Risers, Rainwater leaders,
sanitary stacks, and all other vertical floor to floor plumbing is excluded from this
GMP.
9. FM200 clean agent flre suppression system is includes on floors 4-7 per project
documents.
10. Fire protection system is included starting at standpipes already in place. No
standpipes or risers are included in this GMP.
1 I. Costs for labor for cleanup operations have been included.
DIVISION #16 - ELECTRICAL
I. Only electrical work starting at electrical rooms has been included in this GMP, All
work such as panels, bus ducts, and other floor to floor electrical work is excluded
from this GMP,
50f6
Agenda Item NO.1 DE
October 23. 2007
Page 16 of 27
Attachment 3
COLLIER COUNTY COURTHOUSE ANNEX FLOORS 4.7 ill BUlLDOUT
QUALIF1CATIONS, CLARIFICATIONS & ASSUMPTIONS
2. Complete lighting packages on floors 4-7 are included in this GMP.
3. Included in Division 16 is all conduit and boxes for Fire Alarm, Voice/Data, Code
Blue system, etc. Also included is cable tray for Div. 17 systems.
4. Costs for labor for cleanup operations have been included.
DIVISION #17- LOW VOLTAGE. SECURITY AND BUILDING CONTROLS
I. Includes, but not limited to, all direct digital controls for V A V air handlers, V A V
terminal units and exhaust air flow metering.
2. Furnish lighting control system for installation by division 16.
3. Includes data network for telephone, data, building management, fire alarm, access
control, surveillance, low voltage controls and code blue phones. Infrastructure
pathway is provided by division 16.
4. Includes access control system that will tie into existing courthouse. All card readers
will be proximity readers and all doors and gates will have full complement of
devices as required by Collier County Vertical Standards.
5. Includes closed circuit television cameras with digital recorders.
6. Includes Addressable fire alarm. Conduit provided by division 16.
60f6
Agenda Item NO.1 OE
October 23, 2007
Page 17 of 27
EXHIBIT A
CONSTRUCTION TEAM ASSIGNED REPRESENTATIVES
September 28, 2007
COURTHOUSE ANNEX 4TH THRU 7TH FLOORS INTERIOR BUILDOUT
Owner:
Board of County Commissioners, Collier County, FL
Owner's Representative: Hank Jones, Project Manager
DESIGN PROFESSIONAL:
OFFSITE CONSTRUCTION MANAGEMENT:
Pete Tuffo
Joe Pressler
William McCollum
Ben Rounds
Wendy Duckworth
Laurie Mattingly
Mark Styles and/or Andy Dutil
Pete Murphy
Sonia Genson
ONSITE CONSTRUCTION MANAGEMENT:
Don Olney
Travis Smith
Dan Leatherman
Debbie Garote
Kim Mastroianni
Butch Shull
Dave Clarkson
John Antaramian
Scott Roberts
TBD
Project Principal
Construction Administrator
Site Representative
Mechanical Engineering Inspector
Electrical Engineering Inspector
Structural Engineering Inspector
Architectural Inspector
Project Executive
Vice President, Estimating
Senior Estimator
Junior Estimator
Plan Coordinator &Estimating Assistant
D.M.P. Clerk
Scheduler
Safety Inspector
Kraft Accounting Billing Clerk
Project Manager
Assistant Project Manager
Assistant Project Manager
Administrative Assistant
Administrative Assistant
General Superintendent
Senior Superintendent
Assistant Superintendent
Superintendent
Accounting Billing Clerk
Agenda Item NO.1 OE
October 23, 2007
Page 18 of 27
EXHIBIT B
CONSTRUCTION MANAGER'S PERSONNEL
September 28, 2007
COURTHOUSE ANNEX 4TH THRU 7TH FLOORS INTERIOR BUILDOUT
OFF-SITE SUPPORT STAFF
Pete Tuffo
Joe Pressler
William McCollwn
Ben Rounds
Wendy Duckworth
Laurie Mattingly
Mark Styles and/or Andy Dutil
Pete Murphy
Project Executive
Vice President, Estimating
Senior Estimator
Junior Estimator
Estimator Assistant
D.M.P. Clerk
Scheduler
Safety Inspector
ON-SITE SUPPORT STAFF
Don Olney
Travis Smith
Dan Leatherman
Debbie Garrote
Kim Mastroianni
rnD
Butch Shull
Dave Clarkson
John Antaramian
Scott Roberts
TBD
Project Manager
Assistant Project Manager
Assistant Project Manager
Administrative Assistant
Administrative Assistant
Accounting Billing Clerk
General Superintendent
Superintendent
Assistant Superintendent
Structural Superintendent
Labor Foreman
EXHIBIT G
CONSTRUCTION MANAGER'S PER DIEM STAFF FOR TIME
Agenda Item NO.1 OE
October 23, 2007
Page 19 of 27
September 28, 2007
EXTENSIONS PER 8.12 (1)(b)
COURTHOUSE ANNEX 4TH THRU 7TH FLOORS INTERIOR BUILDOUT
Individual
Title
OFFSITE:
Pete Tuffo
Joe Pressler
William McCollum
Ben Rounds
Wendy Duckworth
TED
Laurie Mattingly
Mark Styles and/or Andy Dutil
Pete Murphy
Proj eet Executive
Vice President, Estimating
Senior Estimator
Junior Estimator
Estimator Assistant
M.E.P. Coordinators
D.M.P. Clerk
Scheduler< s)
Safety Inspector
ONSITE:
Don Olney
Travis Smith
Dan Leatherman
Debbie Garote
Kim Mastroianni
TBD
Butch Shull
Dave Clarkson
John Antaramian
Scott Roberts
TBD
Project Manager
Assistant Proj ect Manager
Assistant Project Manager
Administrative Assistant
Administrative Assistant
Accounting Billing Clerk
General Superintendent
Senior Superintendent
Assistant Superintendent
Superintendent
Labor Foreman
Percentage
of Time
Available
20%
10%
5%
'10%
10%
10%
20%
5%
10%
100%
100%
100%
100%
100%
100%
]00%
100%
75%
]00%
100%
Aaenda Item NO.1 DE
- October 23, 2007
Page 20 of 27
EXHIBIT H
September 28, 2007
CONSTRUCTION MANAGER'S PERSONNEL TO BE
ASSIGNED DURING CONSTRUCTION OFF-SITE
COURTHOUSE ANNEX 4TH THRU 7TH FLOORS INTERIOR BUILDOUT
Individual
Title
Percentage
Duration of Time
in Months Available
Pete Tuffo
Joe Pressler
William McCollum
Ben Rounds
Wendy Duckworth
TBD
Mark Styles and/or Andy Dutil
Laurie Matting]y
Pete Murphy
Project Executive
V ice President, Estimating
Senior Estimator
Junior Estimator
Estimator Assistant
M.E.P. Coordinators
Schedulers
D.M.P. Clerk
Safety Inspector
20%
10%
5%
10%
to%
10%
5%
20%
10%
Agenda Item NO.1 OE
October 23, 2007
Page 21 of 27
EXHIBIT I
CONSTRUCTION MANAGER'S PERSONNEL TO BE
September 28, 2007
ASSIGNED DURING CONSTRUCTION ON-SITE
COURTHOUSE ANNEX 4TH THRU 7TH FLOOR INTERIOR BUILDOUT
Individual
Don Olney
Travis Smith
Dan Leatherman
Debbie Garrote
Kim Mastroianni
TED
Butch Shull
Dave Clarkson
John Antaramian
Scott Roberts
TED
Title
Project Manager
Assistant Project Manager
Assistant Project Manager
Administrative Assistant
Administrative Assistant
Accounting Billing Clerk
General Superintendent
Senior Superintendent
Assistant Superintendent
Structural Superintendent
Labor Foreman
Duration
in Months
Percentage
ofThne
Available
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
Agenda Item NO.1 OE
October 23, 2007
Page 22 of 27
RESOLUTION NO. 2007-_
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AUTHORIZING THE BORROWING OF NOT
EXCEEDING $20,550,000 FROM THE POOLED
COMMERCIAL PAPER LOAN PROGRAM OF THE
FLORIDA LOCAL GOVERNMENT FINANCE
COMMISSION PURSUANT TO THE TERMS OF THE
LOAN AGREEMENT BETWEEN THE COMMISSION
AND THE COUNTY IN ORDER TO FINANCE THE
COSTS AND EXPENSES RELATING TO THE
ACQUISITION, CONSTRUCTION AND EQUIPPING OF
THE COURTHOUSE ANNEX, INCLUDING THE
REIMBURSEMENT OF CERTAIN COSTS INCURRED
BY THE COUNTY IN CONNECTION THEREWITH;
AUfHORIZING THE EXECUTION OF A LOAN NOTE
OR NOTES TO EVIDENCE SUCH BORROWING;
AGREEING TO SECURE SUCH LOAN NOTE OR NOTES
WITH A COVENANT TO BUDGET AND APPROPRIATE
LEGALLY AVAILABLE NON-AD VALOREM
REVENUES AS PROVIDED IN THE LOAN
AGREEMENT; AUTHORIZING THE EXECUTION AND
DELIVERY OF SUCH OTHER DOCUMENTS AS MAY
BE NECESSARY TO EFFECT SUCH BORROWING; AND
PROVIDING AN EFFECTIVE DATE.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
SECTION 1. DEFINITIONS. Unless the context of use indicates another
meaning or intent, the following words and terms as used in this Resolution shall have the
following meanings. Capitalized terms not defined herein shall have the meanings
ascribed thereto in the hereinafter defined Loan Agreement.
"Act" means, collectively, Part I, Chapter 125, Florida Statutes, Part I, Chapter
163, Florida Statutes, and all other applicable provisions of law.
"Additional Payments" means the payments required to be made by the County
pursuant to Sections 5.02(b), 5.02(c), 5.02(d), 5.05 and 6.06(e) of the Loan Agreement.
"Board" means the Board of County Commissionc'; of the County.
Agenda Item NO.1 OE
October 23, 2007
Page 23 of 27
"Chairman" means the Chairman or Vice Chairman of the Board, and such other
person as may be duly authorized to act on his or her behalf.
"Clerk" means the Clerk of the Circuit Court for the County, ex-officio Clerk of
the Board, and such other person as may be duly authorized to act on his or her behalf.
"Commission" means the Florida Local Government Finance Commission, and
any assigns or successors thereto.
"County" means Collier County, Florida, a political subdivision of the State of
Florida.
"County Manager" means the County Manager of the County or his designee
and such other person as may be duly authorized to act on his or her behalf.
"Designated Revenues" means (I) Public Agency Moneys budgeted and
appropriated for purposes of payment of the Loan Repayments and any other amounts
due under the Loan Agreement, and (2) the proceeds of the Loan pending the application
thereof.
"Draw" means the borrowing of money under the Loan Agreement in accordance
with Article III thereof.
"Loan" means the loan to be made by the Commission to the County from
proceeds of the Series A Notes in accordance with the terms of this Resolution and of the
Loan Agreement.
"Loan Agreement" means the Loan Agreement, dated as of April 12, 1991,
between the County and the Commission, as amended and supplemented and as the same
may be further amended and supplemented.
"Loan No, A-41" means the Loan designated as "Loan No. A-41" the proceeds of
which shall be used to finance a portion of the costs of Project A -41.
"Loan Note" means a note of the County evidencing the obligations incurred
under the Loan Agreement by the county on account of a Draw made in regard to a Loan,
which shall be in substantially the form provided in Exhibit I to the Loan Agreement.
"Loan Rate" has the meaning set forth in the Loan Agreement.
"Loan Repayments" or "Repayments" means the payments of principal and
interest at the Loan Rate on the Loan amounts payable by the County pursuant to the
provisions of the Loan Agreement and all other payments, including Additional
Payments, payable by the County pursuant to the provisions of the Loan Agreement.
2
Agenda Item NO.1 DE
October 23, 2007
Page 24 of 27
"Non-Ad Valorem Revenues" means all legally available revenues of the County
derived from any source whatsoever other than ad valorem taxation on real and personal
property, which are legally available to make the Loan Repayments required in the Loan
Agreement, but only after provision has been made by the County for the payment of
services and programs which are for essential public purposes affecting the health,
welfare and safety of the inhabitants of the County or which are legally mandated by
applicable law.
"Program" means the Pooled Commercial Paper Loan Program established by
the Commission.
"Project A-41" means the costs and expenses relating to the acqUIsItIOn,
construction and equipping of the Courthouse Annex, as more particularly set forth in the
plans and specifications on file or to be on file with the County and as the same may be
amended or modified from time to time.
"Public Agency Moneys" shall mean the moneys budgeted and appropriated by
the County for payment of the Loan Repayments and any other amounts due hereunder
from Non-Ad Valorem Revenues pursuant to the County's covenant to budget and
appropriate such Non-Ad Valorem Revenues contained in Section 6.04 of the Loan
Agreement.
"Resolution" means this Resolution, as the same may from time to time be
amended, modified or supplemented.
"Series A Notes" means the Commission's Pooled Commercial Paper Notes,
Series A (Governmental Issue), to be issued from time to time by the Commission.
The terms "herein," "hereunder," "hereby," "hereto," "hereof," and any similar
terms, shall refer to this Resolution; the term "heretofore" shall mean before the date of
adoption of this Resolution; and the term "hereafter" shall mean after the date of adoption
of this Resolution.
Words importing the masculine gender include every other gender.
Words importing the singular number include the plural number, and vice versa.
SECTION 2, AUTHORITY FOR RESOLUTION, This Resolution IS
adopted pursuant to the provisions of the Act.
SECTION 3.
declared that:
FINDINGS, It IS hereby ascertained, determined and
(A) The Commission has been established for the principal purpose of issuing
commercial paper notes in order to provide funds to loan to public agencies, such as the
3
Agenda Item NO.1 OE
October 23, 2007
Page 25 of 27
County, desiring to finance and refmance the cost of acquiring, constructing and
equipping capital improvements and to finance and refinance other governmental needs.
(B) In furtherance of the foregoing, the Commission shall issue, from time to
time, commercial paper notes to be known as "Florida Local Government Finance
Commission Pooled Commercial Paper Notes, Series A (Governmental Issue)" and shall
loan the proceeds of such Series A Notes to public agencies, including the County.
(C) Pursuant to the authority of the Act, the Commission has agreed to loan,
from time to time, to the County such amounts as shall be authorized herein and in the
Loan Agreement in order to enable the County to finance, reimburse or refinance the cost
of acquisition, construction and equipping of capital improvements, including Project A-
41.
(D) The County desires to borrow an amount not to exceed $20,550,000 in
order to finance a portion of Project A-41.
(E) The County hereby determines that the proVISIOn of funds by the
Commission to the County in the form of Loan No, A-41 pursuant to the terms of the
Loan Agreement and the financing of Project A-41 will assist in the development and
maintenance of the public welfare of the residents of the County, and shall serve a public
purpose by improving the health and living conditions, and providing governmental
services, facilities and programs and will promote the most efficient and economical
development of such services, facilities and programs.
(F) Loan No. A-41 shall be repaid solely from the Designated Revenues. Such
Designated Revenues shall include moneys derived from a covenant to budget and
appropriate legally available Non-Ad Valorem Revenues. The ad valorem taxing power
of the County will never be necessary or authorized to make the Loan Repayments.
(G) Due to the potential volatility of the market for tax-exempt obligations such
as the Note or Notes to be issued evidencing Loan No. A-4I, the complexity of the
transactions relating to such Note or Notes and the uniqueness of the Program, it is in the
best interest of the County to deliver the Note or Notes to the Commission pursuant to the
Program by a negotiated sale pursuant to Section 218.385(1), Florida Statutes, allowing
the County to utilize the Program in which it participates from time to time and to enter
the market at the most advantageous time, rather than at a specified advertised date,
thereby permitting the County to obtain the best possible price, issuance costs and interest
rate for such Note or Notes.
SECTION 4, TERMS OF LOANS, The County hereby approves of Loan
No. A-41 in the aggregate amount of not exceeding $20,550,000 for the purpose of
providing the County with sufficient funds to finance, refmance or reimburse the costs of
Project A-41. The Chairman and the Clerk are hereby authorized to execute, seal and
4
Aaenda Item NO.1 OE
~ October 23, 2007
Page 26 of 27
deliver on behalf of the County the Loan Note and other documents, instruments,
agreements and certificates necessary or desirable to effectuate the Loan as provided in
the Loan Agreement. The Loan Note or Notes with respect to Loan No. A-41 shall
reflect the terms of such Loan and shall be substantially in the form attached to the Loan
Agreement as Exhibit 1. The County Manager shall determine the date or dates of
funding of Loan No. A-41 in accordance with the terms of the Loan Agreement. The
Loan shall mature on such date as the County Manager may determine prior to the
issuance of the Loan Note for Loan No. A-41; provided, however, the final maturity of
the Loan may not be later than the expiration date of the Letter of Credit (as defined in
the Loan Agreement) at the time of the Draw. Loan No. A-41 shall bear interest at the
Loan Rate in accordance with the terms of the Loan Agreement. The County further
agrees to make all Loan Repayments required of it pursuant to the terms of the Loan
Agreement. The Letter of Credit fees for Loan No. A-41 shall be 30 basis points or such
other amount as Wachovia Bank and the County Manager shall agree.
SECTION 5. AUTHORIZATION OF PROJECT A-41. The County
does hereby authorize the acquisition of Project A-41 and the reimbursement of any costs
incurred by the County with respect to Project A-4 I within the prior 60 days that are
approved by bond counsel to the Program.
SECTION 6, SECURITY FOR THE LOAN, The County's obligation to
repay Loan No. A-41 will be secured by a pledge of and lien upon the Designated
Revenues in accordance with the terms of the Loan Agreement. The obligation of the
County to repay Loan No. A-41 shall not be deemed a pledge of the faith and credit or
taxing power of the County and such obligation shall not create a lien on any propcrty
whatsoever of or in the County other than the Designated Revenues.
SECTION 7, RESOLUTION TO CONSTITUTE CONTRACT, In
consideration of the making of the Loan by the Commission, this Resolution shall be
deemed to be and shall constitute a contract between (i) the County and (ii) the
Commission and its successors and assigns (the Commission and its successors and
assigns hereinafter referred to as the "Lender"). The pledge and agreements of the
County herein set forth shall be for the benefit, protection and security of the Lender.
SECTION 8. GENERAL AUTHORITY. The members of the Board and
the officers, attorneys and other agents or employees of the County are hereby authorized
to do all acts and things required of them by this Resolution and the Loan Agreement, or
desirable or consistent with the requirements of this Resolution and the Loan Agreement,
for the full punctual and complete performance of all the terms, covenants and
agreements contained in this Resolution and the Loan Agreement, and each member,
employee, attorney and officer of the County or its Board is hereby authorized and
directed to execute and deliver any and all papers and instruments and to do and cause to
be done any and all acts and things necessary or proper for carrying out the transactions
contemplated by this Resolution and the Loan Agreement.
5
Agenda Item r,o. 10E
October 23, 2007
Page 27 of 27
SECTION 9. SEVERABILITY, If anyone or more of the covenants,
agreements or provisions herein contained shall be held contrary to any express provision
of law or contrary to the policy of'express law, though not expressly prohibited, or
against public policy, or shall for any reason whatsoever be held invalid, then such
covenants, agreements or provisions shall be null and void and shall be deemed separable
from the remaining covenants, agreements or provisions and shall in no way affect the
validity of any of the other provisions hereof.
SECTION 10. REPEAL OF INCONSISTENT RESOLUTIONS. All
resolutions or parts thereof in conflict herewith are hereby superseded and repealed to the
extent of such conflict.
SECTION 11. EFFECTIVE DATE. This Resolution shall take effect
immediately upon its adoption.
DULY ADOPTED this 23'd day of October, 2007.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
(SEAL)
By:
JIM COLETTA, Chairman
ATTEST: Dwight E. Brock, Clerk
Deputy Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
David C. Weigel
County Attorney
6
Agenda Item No. 10F
October 23, 2007
Page 1 of 110
EXECUTIVE SUMMARY
Recommendation to adopt a superseding resolution authorizing the condemnation of fee
simple interests and/or those perpetual or temporary easement interests necessary for the
construction of roadway, drainage and utility improvements required for the extension of
Santa Barbara Boulevard from Davis Boulevard to Rattlesnake Hammock Road. (Capital
Improvement Element No. 32, Project No, 6(091). Estimated fiscal impact: $3,750,000,00.
OBJECTIVE: To adopt a superseding rcsolution autborizing the acquisition by condemnation of
fee simple interests and/or perpetual or temporary easement interests necessary to extend Santa
Barbara Boulevard between Davis Boulevard and Rattlesnake Hammock Road (Project No. 60091).
CONSIDERATIONS: On July 25th, 2007, the Board of County Commissioners of Collier County,
Florida, adopted Resolution No. 2007-213, finding public purpose and necessity and authorizing the
condemnation of fee simple and/or those pcrpetual or temporary easement interests necessary for
the construction of roadway, drainage and utility improvcments to Santa Barbara Boulevard
Extension from Davis Boulevard to Rattlesnake Hammock Road, and for the construction of
stormwater improvements as a part ofa portion ofthc Lely Area Stonnwater Improvement Project.
However, the legal descriptions and sketches for Parcels 113 FEE, 117FEE and ] 21 FEE contained
scrivener's errors 'in that inCOrrect folio numbers were reflected, and there were also scrivener's
errors in the legal descriptions and sketches for Parcels IIOFEE, 116FEE, 118FEE, 125FEE,
130FEE and 132FEE. These errors have been corrected. In addition, Parcel 120FEE has been
revised to more accurately reflect what needs to be acquired by the County, and the interest to be
acquired in fOLmer Parcels 128TDRE and 129TDRE has been changed from Temporary Driveway
Restoration Easement to Temporary Construction Easement. resulting in these parcels being re-
labeled as Parcels 128TCE and 129TCE. These parcels are also depicted on the legal description
and sketch of Parcel 129FEE, which was also rcvised to show the re-Iabeling of said parcels. The
purpose of this superseding condemnation resolution is to correct these scrivener's errors, and
correctly reOect the property required for thc construction of this project.
The validity or the facts, findings and conclusions presented in the attached Technical
Memorandum dated June I, 2007, prepared by Ted Tryka, P.E.. Consultant Project Manager,
Agnoli. Barber & Brundage. Inc., remains unchanged.
The Board of County Commissioners has been advised through numerous public meetings and
communications of the need to extend Santa Barbara Boulevard and acquire additional right-of-way
for the project. The Board is herewith being advised of the various alternative routes and typical
roadway sections considered by its professional engineering staff and consultants, and of the
environmental impacts and costs of each engineering alternative, and of the public health, safety
and welfare considerations, and of the long-range planning implications posed by each alternative.
Reference is being made to foresaid attached Technical Memorandum prepared by Professional
Engineer, Ted Tryka. The location of stonmvater treatment ponds has been determined based on
hydraulic and opcrational characteristics, maintenance considerations and minimization of wetland
.- impacts. Each and every pond site within the project limits, as determined according to the above-
.f\genda lIem NO.1 OF
October 23, 2007
Page 2 of 110
dcscribcd cngineering analysis, was further reviewed and carefully configured on each affected
property so as to minimize damages and negative impacts to the remaining real cstate.
The Board of County Commissioners has been further advised that it is necessary and in the
public's best interest to acquire, by condemnation if necessary, those interests in real property
specified on each legal description attachcd to the Resolution. By its review and approval of this
executive summary, the back-up documentation, and the proposcd resolution, the Board will have
determined that the legal descriptions, and the interest in rcal property specified on each legal
description, which are a part of the attached Resolution, represent the most feasible location, and are
necessary for the construction of the proposed cxpansion to Santa Barbara Boulevard and
stormwater improvements as part of a portion of the Lely Area Storrnwater Improvement Project.
FISCAL IMPACT: While much of the right-of-way has been committed to the County at no
charge through development agreements, it is estimated that the total cost of all right-of-way which
must be purchased will be $3,750,000. This amount includcs the cost of all real property rights
required for construction of the proposed improvements, as well as all expenses for title work, real
estate appraisals, staff time, and those expenses, such as property owner attorney's fees and expert
witness fees, which the County is required to pay according to Sections 73.09 I and 73.092, F.S. All
such payments will come from the Transportation Supported Gas Tax fund and the Road Impact
Fee funds. Source of funds are gas tax and road impact fees.
GROWTH MANAGEMENT IMPACT: As part of the County's proposed 5 year work program,
the Santa Barbara Boulevard Extension Irom Davis Boulevard to Rattlesnake Hammock Road
(Project No. 60091) is an integral part ofCollicr County's Growth Management Plan.
RECOMMENDA nON: That the Board of County Commissioncrs of Collier County:
1. Adopt the attached Rcsolution:
2. Authorize its Chairman to execute same on behalf of the Board: and
3. Authorize any budget amcndmcnts that may hc necessary to implement thc collective will of the
Board as evidenced by the adoption of the attached Resolution and the approval of this
Executive SUlllmary.
Prepared by: RobcI1 Bosch. ROW Coordinator - TECM
Attachments:
I. Condemnation Resolution
2. Vicinity Map of the project
3. Technical Memorandum dated June I, 2007, ii-om Ted Tryka, P.E. - Consultant Project
Manager, Agnoli, Barber & Brundage, Inc. to Kevin Dugan, Project Managcr - Collier
County Transportation Serviccs, and Jerry Kurtz, Principal Project Manager - Collicr
County Stormwater Depat1mcnt
4. Pond Siting Report
Item Number:
ltemSummary:
Meeting Date:
Agenda Item No 10F
October 23, 2007
Page 3 of 110
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10F
ReCC'nlll18ndatiOllto ~t1ort a superseding resollllion autho,ilirlg 1I1e condemnation 01 fee
sil1lple illlerests and/or those pelpelu<J1 or temporary easeme ntinterests necessary for the
conslruction ofroaclw8\,. c1rail18ge and utilityimprovemenls required for the extension of
SJrlta Barb<Jra Boulevard from Davis Boulevard 10 R81!1esnake Hammock Road (Capital
Illlprovf1l11enl Element No, 32. Project No, 60091). Estimaled fiscal impact: $3,750,000.00.
(Jay Ahlll~d, Director. Transporl8tion ECM.)
10123/20079:00:00 AM
PatEl
l'rellsretlHy
DetJbil'Arrnstrong
1ffll1~r"'tMlon Srrvlr<><;
Prol'nrly A~'l'llsltiol1 Specialist
TECM-ROW
9120120011:43:09 PM
DatEl
AlllJrOvftllJy
Kevin H. Dugan
Tran"podationS...rvle.'s
Proj\!C! Man~ger
Transporlation Englneeril1g and
C'TllM""'.linll
1014/20073;45PM
Date
AllprovetlOy
R. Silane CQX, P.E.
TrRn~p()"lafloll $ervlc~s
SvnlorPru]vct ManJger
RI()nnw~t{'1" M~I1~genl~.,t
1014/20074:54 PM
Date
Allllroved OJ
E"uenn C,llverl
lranspodations Services
Pri1lclpal Project Manager
Transpon~lioll Engllleerlng <lnd
C"llsIrll~tlr.\l1 M~Il~gpm"llt
1015120072:32 PM
Date
AjlprovctllJy
Norm E- Feder, AICP
Tr~n~po,1~ti"n """/k,,~
TransporlatlooDI';lsionAdmillistrnlor
T,.,n~po"Mlnn S"rvkf'~ Admin
10f~12007 9:55AM
Date
AplJroved8)'
Sllaron NQwTllan
T"~n~pnd~ti"n Sl),.vi<;~~
Accollnlitl[jSlJpervlsor
Tr1n~l'nrt~ti"n SNvir",,^,Jonin
10m1200110;OIlAM
Date
Allprovetllly
Li~a Taylor
Tl~tl"pnll;lIi"n Sn,vi, "0,
M.ln~gl-'ml!l1ll13l1(l!let^llalyst
f"'Il"I'Nt~jj'''IAdn,ini'lr"'i'',,
1019J200711:02AM
\IIIJroveu Hy
Date
r,"j.:hAhm~IJ
1,.;1I1Sj!oI'IMi0n Scrvi~r.,
DilQLlOI
tr,11H'ptll1alion Emlil1aerirllJ PA
10/9120074:24 PM
c: ,'.n ~ I' '" I io" ~~"" ,. '1" ,n" 111
Vate
ApIII"OnuH}
I,!'vin ll(>r"i,.i~k~,
rr;1"~r,,"tMi')" .<;~, 'Ire"
nil.lllt Ot Wily Acqlli!\ilinll M~ltnger
fFrM.Rnw
1()/1012007 11:52 AM
Date
ApllrUHd H~'
f'atLldlllllnrd
T""'SI,,)r1~t;"n S"IVir~~
ExcclIlivcSr.coelary
lr""51'"rl"linl1 S~r'vir.~~ /lr),..il1
10110!20071:52PM
Date
Allpruved OJ
OMB Coordlnntor
Arlnoinistr,lUvc Snrvic:ro
Applic<l!ions AII~ly~.1
lofnflll;1li',o Tr~hnnlf\,!y
10110/20072:12PM
Dale
Apllrovcd H~'
Susan Usher
County M;o"au,-,,'S Ofli~~
SCl1iorM~IlJClnmantlflullgctAl}alY5t
Ollie') of M"",'u~nl~nl R. Rlldg~t
101121~00711:44AM
Date
Approvetl O}'
MlcI1a('I51l1ykowski
COIllIty MfllI'lJrr'!; Offir.<!
MJllag~IlIl!t'1 & Budgat Director
Of/tre of Mlll1~gl-'llHlnt It Rmlg<!t
10112120073:08PM
Date
Appro\'euBy _
.lame!; V. Mudd
Board of County
Comrni'\f,io'I~'S
County Man~gH
COllllty Man;lgrr's Officp.
101141200711:24AM
',-,1''''11...,,,,,'''1
A;wnda item NO.1 OF
October 23, 2007
Page ~ of 110
SANTA BARBARA BOULEVARD EXTENSION RIGHT-OF-WAY VICINITY MAP
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Agenda Item NO.1 OF
October 23, 2007
Page 5 of 110
7400 Tamiami Trail N., Suite 200, Naples, Florida 34108
9990 Coconut Ruad, Suite 103, Bonita Springs, Florida 34135
Phone (239)597-3] I ]
Phone: (239) 948-8663
Fax: (239)566-2203
Fax: (239) 498-2726
TECHNICAL MEMORANDUM
Date:
Project:
June t, 2007
Santa Barbara Boulevard Extension
(Davis Boulevard to Rattlesnake Hammock Road)
And LASIP - Santa Barbara Canal
Concept Development and Analysis
Kevin Dugan, Project Manager
Collier County Transportation Services
Jerry Kurtz, P.E., Principal Project Manager
Collier County Stormwater Department
Ted Tryka, P.E., Consultant Project Manager
Agnoli, Barber & Brundage, Inc.
Subject:
Prepared For:
Prepared By:
The following is a summary of the concept development and analysis prepared for the Santa
Barbara Boulevard Extension from Davis Boulevard to Rattlesnake Hammock Road and the Lely
Area St0l111water Improvement Program (LAS!P) - Santa Barbara Canal. The goal of the project
is to provide capacity improvements to the Santa Barbara Boulevard corridor while minimizing
impacts to surrounding residential and environmcntally sensitivc properties. The project also
includes the construction ofa portion of the LAS!P Santa Barbara Canal. The canal provides the
drainage outfilll for the road project and the sUlTounding properties.
Santa Barbara Boulevard Extension
There is a vital public need for improvements to the roadway network in this area of the County
to provide for an additional north/south arterial roadway. The roadway is an important part of the
road network south of Davis Boulevard due to the large planned growth in south Collier which
includes an additional] 5,000 vested units. The cun-ent projected population of the southern
portion of the County is 41,8 I I compared with a projected 20] 5 population of 53,397 equating
to a twenty- two percent increase in population in nine years.
1
Agenda Item 1'<0, 10F
October 23,2007
Page 6 of 110
The Santa Barbara Boulevard Extension alignment is uniquely located to provide a continuous
roadway from Lee County via Logan Boulevard to the north and to Marco Island via Rattlesnake
Hammock Road, Grande Lely Drive, and CR-951 to the south, Accordingly, the roadway
extension will aid in hurricane evacuation scenarios by providing an additional north/south link
to 1-75 via the Golden Gate Parkway interchange,
The extension of Santa Barbara Boulevard will also help to deviate some traffic off of CR- 951
north of Rattlesnake Hammock Road, Providing an alternate route for northbound/southbound
traffic to the intersection ofCR-95l and Rattlesnake Hammock Road has become even more
important due to the construction of a new regional hospital at that intersection, The proposed
extension will also provide a more direct route for trips which are generated in the surrounding
vicinity which will help reduce the traffic loads on the other arterials in the area,
The Santa Barbara Boulevard/Logan Boulevard alignment has also been identified as a second
order facility by the Metropolitan Planning Organization (MPO) for the Collier-Lee bi-county
transportation network.
The following discussion describes the analytical process that was used by Collier County to
identity and select the preferred alignment for Santa Barbara Boulev'ard fi'01n Rattlesnake
Hammock Road to Davis Boulevard, In reviewing thc possible alignments, the County paid
special attention to applicable eJ1\ironmcnta] regulations, including the ACOE's permit
requirements (33CFR 3:20.4(c)(4)) and the Section 404(b)( I) guidelines in the Clean Water Act
(40CFR 130,1 (l(a)),
The County investigated three alternative alignments for the Santa Barbara Boulevard Extension,
All three alignments originate at the southern tel111inus of the existing Santa Barbara Boulevard
and extend south to Rattlesnake Hammock Road,
These three alignments are shown in the Location Map on the following page,
2
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Agenda Item NO.1 OF
October 23, 2007
Page 7 of 110
Naples
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3
Agenda Item No.1 OF
Odober 23. 2007
Page 8 of 110
The alignments were then ranked by reviewing several criteria consisting of Community
impacts, environmental impacts, estimated project costs, and improvements to traffic circulation.
Environmental impacts were assessed based on extensive wetland mapping and characterization
performed by Wilson Miller in this portion of Collier County (that same data base was used in
the recent state and federal permitting of the LASIP project).
The cOlmnunity impacts consist of the following evaluation parameters.
. Impacts to residences
. Impacts to properties
. Availability of public rights-of-way and easements
. Cultural impacts
. Impacts to external neighborhoods
The environmental impacts consist of the following evaluation parameters:
. Challenges in obtaining SFWMD and Corp pennits
. Impacts to wetlands and surface waters
. Impacts to listed species habitats
. Compatibility with the Lely Area Stonmvater Improvement Project
. Potential contamination sites
The estimated project costs criteria considered the following evaluation paramcters:
. Construction costs
. Cost of wetland mitigation
. Utility impacts
. Costs for improvements outside the alignment study area.
The traffic circulation criteria considered the following evaluation parameters.
. Directness of facility
. Compatibility with existing local roads
. System continuity with the 2020 needs plan.
4
Agenda Item No.1 OF
October 23. 2007
Page 9 of 110
Each of the four criteria was assigned a weighting factor as follows:
Evaluation Category
Community Impacts
Environmental Impacts
Cost
Weighting Factor
(% of overall score)
Traffic Circulation
24
21
26
29
Each of the evaluation parameters for each major objective group was then assigned a score from
o (does not meet the criteria) to ]0 (fully nieets the criteria). The score for each individual
evaluation parameter was then multiplied by the weighting factor to calculate the number of
points the alignment scored for that criteria. The weighted parameter scores were then summed
to get the total.
The results of the scoring are as follows:
Evaluation Category
Alternative Alignment
ABC
Community Impacts 7.8 3.6 5.1
Environmental Impacts 8.4 5.9 2.7
Cost 10.0 5.2 4.4
Traffic Circulation 6.9 3.5 5.0
5
Aaenda Item NO.1 OF
~ October 23, 2007
Page 10 of 110
The final weighted scores of the critcria are as follows:
Evaluation Category
Alternative Alignment
ABC
Community Impacts
Environmental Impacts
Cost
Traffic Circulation
1.9
1.8
0,9
1.2
1.2
0.6
1.2
1.4
2.6
2.0
1.4
1.0
Total- Final Score
8.3
4.5
4.4
Based on the alternatives analysis that is summarized above, Alignment A received the highest
score in each of the four categories studied. Therefore, Alignment A was chosen for detailed
design and construction.
The initial design efforts focused on crcating a typical section that would accommodate the
current needs as well as future dcmands. The ideal typical section width for this corridor is 200'.
This would accommodate a future six lanc section with 12' travcllanes, 12' turn lanes, 4' bike
lanes in each direction, (; sidewalks separated fi'om the hack of curb in each direction, room for
future utility expansion and would accommodate improvemcnts for the Lcly Area Stonnwater
Improvement Project. VI.l1ile providing room for all of these fcatures it was also impol1ant to
maximize thc cxisting right-of~way and minimize right-of-way acquisition. Thcrefore, the right-
of~way had to be analyzed to determine if the desired typical section could be accommodated
throughout the entire corridor.
Aftcr researching the existing right-of-way information it became clear that the developed arca
around roily A venue would be the limiting factor in respect to right-of-way width. Polly
Avenuc exists in a 67.5' wide right-of-way cOlTidor. The land k the right-of-way was acquired
from the Shepherd of the Glades Lutheran Church, Huntingtol' . voods Condominiums and the
Quail Hollow subdivision. Across Polly Avcnue to the west i, Royal Wood Country Club. lao'
of right-of-way was set aside as part of the Royal Wood P' 0 for the future extension of Santa
Barbara Boulevard.
6
Agenda Item No.1 OF
October 23, 2007
Page 11 of 110
The Polly Avenue acquisition and Royal Wood reservation only adds up to a total of 167.5' of
right-of-way which is 32.5' less than what was desired for the corridor. However, in order to
minimize right-of-way acquisition and avoid impacts to the communities, the County staff opted
not to acquire any additional right-of-way in this area but rather use 167.5' as the minimum for
the corridor and then expand to the desired 200' right-of-way further along the corridor where
right-of-way was more readily available.
Continuing north of Royal Wood Country Club, undeveloped land exists and allows for the full
200' width right-of-way. Vacant properties continue through the corridor until the approximate
mid-point of the project between Country Road and Cope Lane'. At this location two developed
properties are located adjacent to one another. The first property is owned by Harold B. and
Glenda D. Hanks that contains a single-family residence. The second property is owned by
Lonnie and Nan C. Chesser. The Chesser property contains multiple structures including a
single-family residence and a large garage-type building. Both properties have access to Sunset
Boulevard to the east. In order to minimize impacts and avoid the possibility of taking a private
residence, the county chose to deflect the alignment 100' to the west where there was vacant land
available. Thus in this area all 200' of right-of-way would be acquired to the west of the corridor
and the two properties to the cast would be unaffected by right-of-way acquisition. The
alignment shifts back] 00' to the east, nOlih of the two developed propeliies, in order to utilize
the 100' PUD dedication fi'om the Falling Waters Development. This 100' alignment shift to the
west would be accomplished through the use of large, gentle reverse eurves that do not require
any superelevation.
The alignment continues north to Davis Boulevard where it connects with the existing
tennination point of Santa Barbara Boulevard. As noted above, 100' right-of-way to the west
will be acquired through the 100' reservation in thc Falling Waters PUD. A large proposed
development to the east, currently named Toannina, is under design and being reviewed by the
County planning staff. Initially, the plan was to have the developer reserve another 100' in the
PUD, for a total 01'200'. However, there was a need for additional water storage and water
quality for the roadway drainage at this end of the project. There was no viable location for an
additional detention pond, so the only choice would have been to route the water north of Davis
7
Auenda Item NO.1 OF
~ October 23. 2007
Page 12 Df 110
Boulevard into tbe existing ditcb system. Tbis drainage configuration would result in reduced
runoff water quality due to a lack of storm water detention treatment. Tbe county planning staff
was able to negotiate witb tbe developer of To armin a to allow runoff from tbe portion of Santa
Barbara Boulevard adjacent to tbeir project to drain into tbeir proposed lake system tbat has
capacity for additional stormwater storage. In return, tbe county would minimize tbe right-of-
way acquisition along tbeir propelty. The right-of-way acquisition was reduced from 100' to 80'
in some locations along Toarmina wbere design allowed.
Once tbe rigbt-of-way configuration was establisbed tbrougb tbe corridor, tbe typical sections
were designed to fit witbin tbe rigbt-of-way. Tbe worst-case-scenario for tbe right-of-way
configuration was tbe 167.5" widtb at tbe soutb end oftbe project. Witb less tban 200' ofrigbt-
of-way available in this area tbe ultimate six lane median widtb was reduced from 30' to 21' and
the six foot sidewalk on tbe east side oftbe road was designed at the back of curb instead of
having a 4' grass strip between tbe sidewalk and back of curb. As tbe right-of-way expands from
167.5' to 200' tbe width of the ultimate six Jane median increases from 21' to 30' and the 4'
grass strip between the back of curb and sidewalk is added.
During the design p[(;:ess, county transportation staff raised the possibility of building all six
lanes at this time as (li'posed to waiting for tbe future need. Rising construction costs and the
projected nced for six lanes betwcen 2016 and 2020 were the influences behind this inquiry.
County transportation staff recommended to the Board ofCommissioncrs to design and build all
six lanes as part of the current project after it was determined that the construction costs for thc
six lane road would only be approximately 1.50~, higher than the estimate for thc four lane
section costs. The Board of Commissioners agreed with County transportation staff and
approved the six lane tY11ical section design. The six lane section is identical to the four lane
section described previously with thc addition of two 12' travel lanes on the inside oftbe road
that replaced the previously wider four lane median width.
LASIP - Santa Barbara Canal
Historically, the original drainage pattern for the Santa Barr' ,,, Boulevard cDrridor from Davis
BDulevard tD Rattlesnake Hammock Road was through a ;tem of natural wetland sloughs, witb
flow proceeding from a nortbeasterly to a southwesterly.llcetion. Excess runoff would
8
Agenda Item No. 10F
October 23. 2007
Page 13 of 110
eventually outfall into the Dollar Bay estuary system. The natural drainage provided by the
wetland sloughs was very slow and the corridor area exhibited a high ground water table
elevation during the annual wet season. Evidence of the high ground water table is provided by
the remaining wetland vegetation, which can be seen scattered along the corridor area. Those
wetlands and the remnant wetland sloughs are stressed due to recent drainage, roadway, and
development improvements in the area which have altered the natural drainage patterns. The
LASIP project has been designed to provide a comprehensive outfall for the project corridor area
while improving the hydro-period of the remnant sloughs. The canal begins immediately north
of the Royal Wood Country Club property line. The canal will tie into an existing lake within
Royal Wood Country Club via a weir structure that will control the discharge from the canal.
The canal continues to the north crossing under both Whitaker Road and Country Road through
5' x ] 0' concrete box culverts. The canal terminates several hundred feet south of Cope Lane
where the canal ties into an 8' x 4' concrete box culvert via a weir structure. The concrete box
culvert turns 90 degrees to the east to pick-up sheet flow from the north-easterly direction that
has collected in the swale along Cope Lane. The total length of the canal is approximately
3,200'. In addition to the 8' x 4' box culvert there are four cross-culverts in-place to conduct the
northeastcrly to southwesterly off-site flow that the Santa Barbara Boulevard Extension would
block. Aside from maintaining the off-site flow patterns, thc canal will also provide a drainagc
outfall for the road project.
The Santa Barbara Canal was planned prior to the Santa Barbara Boulevard Extension project.
The original alignment of the canal ran straight along the section line. When the alignment for
the road project was chosen it was in conflict with the eanallocation. so the canal alignment was
shifted to thc wcst to make room for the road extension. The original alignment for the Santa
Barbara Boulevard Extension was almost perfect ly straight running in the north-south direction.
During the design of the road project, a portion of the roadway alignment was shifted 100' to the
west in order to avoid damages to some developed propeliies. At this location the canal was
shifted from its original location further to the west after consideration of the impacts of adjacent
property and the varied uses of this additional right-of-way. Shifting the canal 1 00' to the west
would sever undeveloped properties, leaving small (uneconomic) remainders unsuitable for
development. The County would be required to compensate property owners for the loss
associated with these uneconomic remainders. The proposed alignment avoids this result and
9
Agenda Item ~~o. 10F
October 23, 2007
Page14of110
provides for a variety of public uses. For example, it allows for additional buffer between
roadway features and the canal thereby improving overall safety of the corridor by separating
traffic and pedestrians from the canal. Not only will costs associated with right-of-way
acquisition be greatly reduced but construction costs will also be reduced by eliminating the need
for both guardrail and handrail along roughly 3,200' of canal. Future construction costs and
indirect costs associated with disruption will be avoided by eliminating the need for bridges over
the canal to serve adjacent properties. The aesthetic appeal of the corridor is enhanced with the
retention of natural vegetation and greenspaee. Cross-culvert connections to the canal are
needed and can be installed in this area without acquiring additional drainage easements. And,
finally, this right of way will also accommodate future utilities and pathway under the Pathways
Master Plan. This shifting of the canal from its original alignment maximizes the use of the right~
of-way while reducing overall costs.
10
Agenda Item NO.1 OF
October 23. 2007
Page 15 of 110
SA..IIlTA BARBARA BOULE V ARD EXTENSION
From Rattlesnake Hammock Road to Davis Boulevar'd
)'OND SITING REPORT
A. Purpose
The purpose of this repOlt is to present three stormwater management detention pond
sites fOl consideration Various stmmwatcr management. envilOnmental, and drainage
design critelia was analYLcd fm each of the sites to detelmine the suitability ofthem to bc
used as detention pond sites
B. Identification of Alternate Sites
The Santa Barbara Boulevard drainage maps in the 30'Yo plans show the location of the
possible pond sites A general description of the pond sites is as follows:
Pond Site .'10. 1 is a forested site generally located between the proposed lOadway and
Sunset Road and between Po Ill' A venue and Adkins StT eet
Pond Site No.2 is a forested parcel genemlly located heTween the proposed lOadway and
SunseT Road, and north orCountry Road.
Pond Site No.3 is a fOlesled parcel generally located between the proposed roadway and
Sunset Road, and south orCope Lane.
C. Pond Site Preliminary Information
Table 1, attached, presents preliminary infmmation fOl all ofthc pond sites The
preliminary infonnation consists of rough Tight-of-way costs, potential water quantity
volumes, soil and glOundwateT conditKms, potentia! hazaJdous waste contaminations,
potential impacts to cultural reSOUlces, and potential impacts to utilities Thc right-of-
K:\05-0081 Santa Barbara\Corrcspondences\Documents\30 percent design rcport\Pond Siting Report DOCI
Agenda Ilem No. 10F
October 23, 2007
Page 16 of 110
way costs are based on a figure of $200,000 per acre for land zoned AG in the project
area, which was provided by the Collier County Right-of-Way Department
D" Drainage Map
The Santa Barbara Boulevard preliminary dIainage maps arc included in the 30% plans
The potential pond sites arc shown on the subject maps,
E. Evidence of Ficld Rcvicw
The project's environmental consultant, W Dextcr Bender & Associates, Ine, has
performed a field review of the pond sites and has mapped the existing vegetation on the
sites A Copy ofthe maps entitled "Preliminary Vegetation and Wetland Map" is
included in the 30% Design Report Appendix
F. Description of Applicable Rel:ulalor}' Requiremcnts
Construction oithe pJOposed ponds willreguire permits from the SFWMD and if
wetlands exist in the proposed sites. fiom the United States Army COlI' of Engineers
(USACOE), The design criteria to be used in the pond design are as follows:
I , Design Storm = 25 year 72 hour storm
Total rainfall = 10 87 in
2 Maximum pond side slopes shall be no steeper than 4: I (horizontal: vertical) from lOp
of bank out to a minimum depth of two feet below control elevation
3, A minimum perimeter maintenance and operational easement of20 feet shall be
provided beyond the contJOl elevation line
K:\05-0081 Santa Rarbara\Correspondences\Documents\30 percent design report\Pond Siting Report DOC2
Agenda Item r~o. 10F
October 23, 2007
Page 17 of 110
G. Description of Pre-dcveloped Runoff Character istics as Basin Boundaries, Outfall
Locations, Peak Runoff Rates, and Method of Conveyance
A description of the pre-development !lmofI' characteristics etc is included in 1 able 2,
H. Descdption of Post-Developed Runolf Characteristics
A description of the post-development runoff characteristics is included in Table 2
I. Schematic of Inter'conncctcd J'onds
XP _SWMM schematics showing how the ponds would be interconnected are included in
the Appendix
J. Description ofthe Ope,'ation of the Faeility
The control structure for the ponds will bc a lixed crest weir and orifice and as such will
not rcquirc any operation with the exception of periodic maintenancc and cleaning, The
grassed berms and pond side slopes will require periodic mowing and weed control The
County forces will perfilIm all maintenance operations,
K.. Soils and Groundwater Information
A soils map is attached in the 30% Design Report Appendix" Thc glOlIndw"[er table for
the area is within 12 inches of the surface for 3 to 6 months during the wct season, and is
below 12 inches of the surface in other months, receding [0 40 inches during extended
dry pcr iods
L. Elcctronic File of Routing Calculations
K:\05.0081 Santa Barbara\CorrespondencesIDocuments\30 percent design n:port\Pond Siting Report DOC3
Agenda Itcom No. 10F
October 23. 2007
Page 18 of 110
Detailed routing calculations will be performed by utilization of the XP-SWMM model
as paIt of the water management permit submittal package. Results of preliminaIY
roUlings to support the preliminaIY sizing ofthe ",commcndcd ponds attached
M. Special Maintenance Requirements
Thcrc are no special maintenance requirements for any of the pond sites other than those
listed in J above
N. Recommcndations
It is recommcndcd that the County pursue acquisition ofthe subject pond sites as
soon as possible so that water management and dIcdge and fill permit applications
can be developed for submittal by May 9, 2006. If acquisition of the specific pond
sites rceommcnded hcrein provcs to be infeasible, other pond sites of similar
acreage and approximate location should be pursued
K:\05-0081 Santa Barbara\Correspondenccs\Docwncnts\30 percent design rcport\Pond Siting Report.DOC4
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Agenda Ilem No. 10F
October 23, 2007
Page 21 of 110
A IT ACHMENTS
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Santa Barbara Boulevard
Basin 2 25 yr Storm
Uoonood To: Agf'loJi SarOeI & Brundage lnc [42.900.1677]
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Agenda Item NO.1 OF
October 23. 2007
Page 23 of 110
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Agenda Item NO.1 OF
October 23, 2007
Page 24 of 110
SANTA BARBARA BOULEVARD
FOUR LANNING
(From Davaa Boulevard to Rattlesnake Hammock Road)
Collier County praJect No eOO91
ABB PN 05..0081
STORM WATER MANAGEMENT
REPORT
Prepared By:
Agnoli. Barber & Brundage
7400 Tamiami Trail North, Suite 200
Naples, Florida 341 De
Phone (941) 597-3111
Fax (941) 566.2203
brundage@abbil1ccom
Daniel W Brundage, P,E 18915
Dc\fe-
A Total PrnjectLand Use} Pervious/Impervious Area
SANTA BARBARA BOULEVARD
(From Davis Boolevatd to RaUJesnaklt Hammock Road)
CoOler County Project No 60091
SURFACE WATER MANAGEM5NT CALCULATIONS
DeSCriptiOIl Area (Ac) % Impervious Impet\liousArea Pervious Area
Water Man Ponds 1709 734% 1254 455
PavemsnUimpervk:lus 39.11 1000% 3911 000
PerviOus 978 00% 000 ."
Total 65,98 5165 1433
76% 22%
B TOl.al Project Soil Storage - S
1. ROadway RIW
a) Estimate lI\/era(l6 deva!opsd drainage area dep1h 10 waler table
Description
Araa(Ac)
Roadway P<lVCfflcnt
3911
PerviOU$
"6
Tolal
48B9
Avefage deptl'1 to waler table '"
s~
eN=:
b) From SFVVMD Volume iV pag~ C-lii-J
Compal;!ed scif storage for DWr "
6'
66
Avg Depth
To Water Table
fl
40
46
19556
x
20%
2, Ponds
<I) Estimate BVBfage developed drain-age area olevation
Description
hea (Ac)
Waler surfaceJwdland
1254
Pervious
455
Total
17 09
Average depth to walm table =:
b} From SFWMD Volume IV page CW..J
Compacted soil storage for DWT
s=
CN=
0.2
99
Avg Depth
To Water Table
.
00
20
.'0
,
27%
Area )( Avg Depth
15644
;l912
"19556
..6.
40
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40
. =
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1,64
Area J( Avg Oeplh
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910
.'0
1709
05 ftNGVD
05
.
02
005
Agenda Item No.1 OF
October 23, 2007
Page 25 of 110
.Agenda Item No.1 OF
October 23, 2007
Page 26 of 110
C Water Quality
.)
1st inch 2,5"x%lm Moos for Water Quail
Basin Tota/Area :)erv lrnperv Vol Quality Drain Are. Quality Imper Area Quality % Imper 2SVol
Number ac. ae. 'c. ae.ft, ac. . ae..... at;. fl....
1 3189 659 2530 266 2553 1894 74% ,'"
2 3409 774 26,35 284 27 91 2017 72% 315
. Drnfnage area for water quality;; tolal area. (water 5U~ plus building roof areas)
.. ImperviouS area for water quafity;;: drainage Rlea for waler quality - pervious Bftla
... 25" J( frs('..Uon impeNious x drainage area /12 x 75% Cl'edit for dry retention
b) 2 5 rn x % Impervious volume ap;Jlles
C) lr,croose water Qua~ty vOlume by WIG
Required ,--
8asin 2SVoI Vol
Number ac. ft. ae.ft.
1 2'" 444
,"-,
2 315 473
--
0 R.3infaU (110m SrwMD Volt.une IV):
10yr,' 24.11"= 70in
25yr/24hr= 90 in
E S'l3ge. Storage
1 Basin I
Pond 1 Tolal
Elevation Aces Volume VoIUnlO
ft ngvd Be acft acft
500 636 000 000
6..00 056 546 6.46
700 675 ~3 12 ~3 12
600 698 1997 1997
900 71. 2703 2703
Water qualily ,,"01 of 444 <:Ie fI DCCures at elevation '" 569
2 Basi1l2
Pond:;? PDnd3 Total
Elevalion A",. Volume Area Volume Volume
fI ngvd ac ac' .c <left .cft
850 312 000 30. 000 000
9.00 320 158 313 155 313
1000 3,.35 48a 32a 475 0.61
1100 351 329 3.43 8.11 1639-
1200 366 1187 358 1161 2348
Waler ql.l0li11ty vot of 47:3 Be ft OCCl.Jres ('It e!evalian ,. 925
F Maximum D!scharge:
Per pre-applicaoon meellng with $PNMD the maximum diSCharge rat9 '" the 25 yr discharge rate =0 18 cfsIac which
is conslstant with the LASIP model for the area
Allowable
Basin Drainage ADowable Rate Discharge
Number A... "",e cis
1 3189 o 1S 574
2 3409 a1a "4
G Conlrol Slructure Design
1 Pre-deYelopmenl (6-lana condition) peak. 25 yr cischarge rate and Water Quality Storage Depth
M.. auolily auaity. Bleeder Required
Structure TolalArea allowable Q 0 req vol elevation 0" Bleeder
Numbe!' ac. ds '" ac.ft. rtngvd er. diam.jn.
1 3189 574 1147 266 669 054 550
2 3409 614 60S 264 925 059 550
-
. Discharge limited 100 5ln Iday:c 0 5' x (1elal sne area ..Iakos)
2 Control structure sized by running $WMM model for various configur<lliOns
,---- - CONTROL STRUCTURE DESIGN
Weir Orifice Structuro
Crest I.E I.E Total DHW
Structure T",. Width EIElv marneler (n) (n) Flow (n) RoceNing
Number fMJ.EM) {OJ (0) (In) NGVD NGVD (ds) NGVD Body
1 MJ 03 569 55 50 25 541 a72 LASIP
2 MJ 04 925 55 85 25 610 1186 LASIP
Agenda Item NO.1 OF
October 23, 2007
Page 27 of 110
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Agenda Item NO.1 OF
October 23, 2007
Page 33 of 110
RESOLVTlO"l NO. 2007-
A RESOLl:nON AUTHORIZING CONDE:>.1NATION OF FEE SIMPLE MD/OR
THOSE PERPETUAL OR TEMPORARY EASEMENT INTERESTS NECESSARY
FOR THE CONSTRUCTION OF ROADWAY. DRAINAGE AND UTILITY
IMPROVEMENTS TO SANTA BARBARA BOULEVARD EXTENSION FROM
DAVIS BOULEVARD TO RATTLESNAKE HAMMOCK ROAD. AND FOR THE
CONSTRUCTION OF STOR:>.1WATER I:>.1PROVE:>.1ENTS AS A PART OF A
PORTION OF THE LELY AREA STORMWATER IMPROVEMENT PROJECT.
(CAPITAL IMPROVEMTh'T ELEME!\"f NO. 32 A'iD 291. PROJECT NOS. 60091
AND 51101 RESPECTNELY.)
WHEREAS, the Board of County Commi:-;slOners (Board), on June 7, 2005. adopted
Ordinance No. 2005-25 therein establishIng the CapItal Improvement Element of the Growth
Management Plan In order to establish pnontles for t.he deSIgn, acqUlsltton and constructIOn of
the \fUnDUS capItal Improvement projects; and
WHEREAS. the TransportatIOn Element of the Countys Comprehenstve Plan was
adopted in Ordinance No. 2005~25; and
WHEREAS, the extenslOn of Santa Barbara Boulevard from Davls Boulevard to
RaUlesnake HammocJ<. Road (Project No. 6009 J) 15 one of the capltal Improvement projects
reqUired under the TransportatIon Element of the COUTlty'~ Comprebenslve Plan; and
WHEREAS, the Lely Area Sronnwater Improvement Project (Project No. 51101) IS one
of the e41pltaJ Improvement pro,jec.:ts reqmred under lhe Stormwater Element of the County':>
ComprehCDSl ve Plan; <Iud
W:E:IEREAS. conSlrlICllon of the relevanl pOl11On of tJle L:::ly Area Slorrnwarcr
Improvement Project IS an es,')cnual component of the dram age system deSIgned for Santn
Barbara Boulevard Extcn~lUn; and
WHEREAS, tt IS necessury to construct a c;lonTIv.':::lter collection and outfall channel west
of the proposed roadway l1ctween the COl1unuml1es of Falling \VaLers and Royal \Vood: and
WHEREAS, the safety of rnotonsts and pedcstnuns IS hest mntlltamed by maxInuzing the
separal10n between the propused roadway ~nd the proposed SLmmwarer collectlOll and ourfall
channel; and
\'\TlEREAS, the locarlOn fOJ the constructJon of the proposed Improvements has been
fixed by survey and 1S collectIvely represented by the JegaJ descriptIons compnsmg Exhibtt "A"
attached herelo and mcorporaled herein ~ and
Agenda Item No.1 OF
October 23, 2007
Page 34 of 110
W1-Il:REAS, due to increasmg populal1nn and proposed land development, there IS a vital
public need for Improvements to the roudway network In thIs area of the County to provide <lO
additIOnal north/south artenaJ roadway and for further Improvements in the LASTP project; and
WHEREAS, Board recogmzes that the reduction In 3cqmsltlOn costs achIeved through
thIS coordinated right-af-way deSign greatly henefits Lhe public hy ensunng that adequate funds
are available fOT current and future capltal pnJJects; and
,V1TERE.A.S, after conslderallon of the availahility of <tllemme routes and locations, the
comparaLIve costs of the project altclllatJYCs. varJolls Impacts upon the enVironment, long range
plannmg options. and PUhlic safety conSIderatIOns. the Board deSires to exercise Its nght to
condemn propeny for public purposes; and
WHEREAS, on Juty 25. 2007. the Bo~rd adopted Resolution 2007-213. authonzmg the
condcmnatJon of propClty described rherem for constructIOn of lhts Jomt projeCt; and
\VHEREAS, staff has discovered SlIme scnvener's errors In the sketCh and desenptlOns
of mne of the parcels described In ResolutIOn 2007-213 and deSIres to eOIT{~ct those errors; and
WHEREAS. the sketch and descnptJons of four additlOnal parcels have been reVlscd to
more accurately reflect the prupelty reqUired for the constructiOn of tillS Joint proJect; and
WHEREAS, the sketch and descnptlOns of all thTrteen aforementIOned parcels tlave been
correeled ami rcpJaeeu in Exhibit "A," \vtlJeh is ,Jlt~.li.:hed hereto
NOW, THEREFORE. BE IT RESOLVED BY THE HOARD OF COU'!TY
COj\-L'VflSSIONERS OF COLLIER COU1\l'r'. FLORIDA, huvlllg made the fmding~ contained
in the forcgumg ree-Hal:;. that Jl hJS l"'\::"cn (iClcrmin~d hy the Board 1I1,i1llte np,l!ls]on of Sant<l
Barbara BouJevarcl from Davls BOLllcv;.Jrd 10 Ra:uesnake lL:lInrno~k Road m cOTlJl1n~1I0n with the
proposed improvements [0 lhe Lei)' ,,0.,,r~a Stomm';}ler Improvement Pro.leet (tlerelO..d'ter ref CITed
to as "the ProJe~t") IS necessary ant: m lIIl' punlic\ llCsl Interest ]n Order tu prutect the health,
safety am1 welfare of the CItI7.enS of Collier County.
i\l\'"D TT IS FCRTHER RESOLVED thai construction of the PHJJect IS an lntegra; parI of
tile Coun~y's long range pJanmng ctfort, and]s II1cJuded In the TransportkltlOl1 Element of the
C'_;nty's Comprehcnslve Pl<in for GrOv.tll Management. as approved by the Flonda Department
of Communtty Affairs.
A~ IT 15 FURTIlER RESOLVED that tile County Staff has :-ev]ewcd alternatl\'(;:
JocatlOns for the Project, a:1d tile costs .'lssocJatco WIth the iJeSt?n 'ropcrly ngJlts acgUlslhon, and
-1-'agc 2-
Agenda Item NO.1 OF
October 23, 2007
Page 35 of 110
construction of the project, as well as public safety and welfare conslderatlOns a~socratcd wIth
the de~Jgn and constrLlctlOn of thc ProJect, and vanous Impacts to the envu"Onment, and the
Board finds that after COnsIderation of these Issues, the most feasihle locatIOns for construction
of the proposed improvements IS collectl vcly represented by the legal descnptlOns compnsmg
ExhibIt "Au attached hereto and Incorporated herem.
AND IT IS FURTHER RESOLVED that 10 order to construct the Project as designed. 1t
IS necessary for the Board to acqUJre vanous real property mterests described Tn ExhibIt "A"
AND IT IS FURTHER RESOLVED that the Project. as dcslgned, COnsl1tutes a puhlie
purpose arId all property acqUTred by aUlhonty of this Resolutton serves i:l public purpose and
will be put to public use.
AND IT IS FURTHER RESOLVED that the County staff 1S hereby authomed to
Immediately acquue hy gift, purchasc or condcmnatIOn In accordance WIth the prOVISions of
Chapters 73, 74 and 127, Florida Statutes, the above referenced real property IOterests more
particularly descrihed m ExhibIt "A:' altached hereto and incorporated hercm.
Af\.1J) IT IS FURTHER RESOLVED that no mohile homes are located on the property
sought to be llcgUlred and therefore it will noL be necc:'isary to remove any mot)ile homes from
the property to be acqmred.
This ResolutIon. adopted on this _"_ day of ___
,2007. after rnotlOn,
second and maJonty vote. supersedes and replaces ResolutIOn No, 2007-213.
ATTEST:
DWIGHT E. BROCK, CLERK
BUARD OF COUXry COMMISSIONERS
or C01.LlliR COUNTY. FLORIDA
By:
JAMES COLETTA. CHAmMAN
Approved as to form and
lega suffiCiency:
\\/~
Ellen T. Chadwell
ASslstant COllnty Attome)'
-Page 3-
FEE SIMPLE
INTEREST
SECTION
TOWNSHIP 50 SOUTH, RANGE 26
COLLiER COUNTY, FLORIDA
~
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16,
tl.RCEL NO. 101 FEE
:WPERTY OWNER: SHEPHERD OF irlF.' GlAnrs
LU1MERAH CHURCH INC.
=:FERENGE: Q.R. 62~ PG. 368
JUO NO.: OO~19320009
REA or TAKE; 384 so FT.
REA OF REMAINDER: .. 67 ACRES z
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Agenda Item 1'0. 10F
October 23.2007
Page 36 of 110
EAST
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HUNTINGTON WOODS HOMEO\\lNERS
ASSOCIA TJON OF NAPLES, INC.
O. R. 1,354, PG. 1920
muo NO. 0042J9200::>0
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7'::'1:.: A" "" so' DATE: Fl'"R, 28. 2007
__~A)\I(<f BY:~ PROJECT NO.:~
/1 .;~D NO: 967:9-Sn3A FILE NO: 91'3'79
/
4/10/07
(
FEE SIMPlE
INTEREST
EXHIBIT -6...
PageL of..xr..
Agenda Item NO.1 OF
October 23, 2007
~age 37 of 110
SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
LEGAL DESCRIPTION OF PARCEL 101 FEE
A PARCEL OF LAND LYING IN THE SOUTHWEST QUARTER OF SECTION 16,
TOWNSHIP 50 SOUTH. RANGE 26 EAST, COWER COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 16:
7HENCE NORTH 00'03'07" WEST ALONG THE WEST LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 16 A OISTANCE OF 50.00 FEET:
THENCE LEAVING SAIO WEST LINE SOU7H 89'14'45" EAST A DISTANCE OF
67,51 FEET: THENCE NORTH 00'03'07" WEST A DISTANCE or 17.50 rEET
TO AN INTERSECTION WITH THE EAST RIGHT-Or-WAY LiNE OF POLLY
AVENUE AND THE NORTHERLY RIGHT-Or-WAY LINE or RATTLESNAKE
HAMMOCK ROAD AND THE PO/NT OF BEGINNING OF THE PARCEL HEREIN
BEING DESCRIBED:
THENCE CONTINUING NORTH 00'03'07" 'NEST ALONG SAID EAST
RIGHT-Or-WAY LiNE A DISTANCE or 27.44 rEET:
THENCE LEAVING SAID EAST RIGHT-OF-WAY LJNE SOUTH 45'14'13" fAST
A DISTANCE OF 39.49 FEET TO AN IN1ERSECTION WITH THE NORm
RIGHT-or-WAY LINE or RATTLESNAKE HAMMOCK ROAD;
THENCE NORTH 89'14'45" WEST ALONG SAID NORTH RIGHT-OF-WA Y LINE
A DISTANCE or 28.02 FEET TO THE POINT OF BEGINNING OF THE
PARCEL HEREIN DESCRIBED:
CONTAINING 384 SOUARE FEET OF LANO, MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECOI?O.
/~
LEGAL DESCRIPTION AND SKETC ,~ET 2 OF 2
LEGAL DESCRIPTION AND SKETCH PREPARED BY: I DESCRIPTION: PARCEL 101 FEE ...
I~ CLIENT: COLLIER COU Y TRANSPO ~flON DIVISION
:f.-\.GNOIJ
:!i3!f.BER & :rY:~/ //..,
::: 4-/10/07 / ;WAY D. AGNOU, R.SJ;\. NO. 5335
\.. RUNDAGE,1I<<J. . /
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SECTION
EXHIBIT -1L
Page-3-of~
Agendallem 1'0. 10F
October 23,2007
Pqge 38 of 110
I
16,
SOUTH, RANGE
FLORIDA
EAST
26
TOWNSHIP 50
COLLIER COUNTY,
4RCEL NO. 101 TeE
'?OPERTY OWNER: SHEPHERD OF THE GI,I,DES
Wl"HERAN CHURCH iNC,
EFERENCE: OR 623 PG, 388
OLIO NO.: 004-19320009
REA OF TAKE: 4 967 sa. PT.
.REA OF REMAINDER: 4-.55 ACR"'S ::f:
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----
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4 10/07 '"YNE D. .Il,GNDU. R.S.M. NO. 5335
/S':'-.,Lf:~.ll.Q'. DATt: FE8 28 2007
-r, DRAWN aY:~ PROJECT NO.; 05 0081
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TEMPORARY"
ONSTRUCTlON EASEMENT
EXHIBIT ..A..
P~..L of.:JL
Agenda Item No. 10F
October 23, 2007
Page 39 of 110
;")
SECTION 16,
TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
LEGAL DESCRIPTION OF PARCEL 101 TeE
A PARCEL OF LAND LYING IN THE SOUTHWEST QUARTER OF SECTION 16.
TOWNSHIP 50 SOUTH, RANGE 26 EAST, COWER COUNTY. FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 16;
THENCE NOR TH 00'03'07" WEST ALONG THE WEST LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 16 A DISTANCE OF 50.00 PEET;
THENCE LEAVING SAID WEST LINE SOUTH 89'14'45" EAST A OISTANCE OF
67.51 FEET TO AN INTERSECTION WITH THE SOUTHERLY PROLONGA TION
OF THE EASTERLY RIGHT-OF-WAY LINE OF POLLY AVENUE, THENCE
NORTH 00'03'07" WEST ALONG SAID PROLONGA TION A DISTANCE OF
44.94 FEET TO TJ-IE POINT OF BEGINNING OF THE PARCEl HEREIN BEING
OESCRIBED;
THENCE CONTINUING NORTH 00'03'07" WEST ALONG SAID EAST
RIGHT-OF-WA Y LINE: A DISTANCE OF 491.87 FEET TO AN INTERSECTiON
WITH THE NORTHERLY LINE OF A PARCEL OF LAND AS DESCRIBED IN
o.R. 62.3, PAGE J88, PUBLIC RECOi?DS OF COLLIER COUNTY, FLORIDA;
THENCE SOUTH 89"14-'45" [AST ALONG SAID NORTHERLY LINE A
DISTANCE OF 70.00 FEET,
THENCE LEA ViNG SAID NORTHERLY LINE SOUTH 00'03'07" EAST A
DISTANCE OF 507.66 FEET;
THENCE NORTH 45.14'13~ WEST A DISTANCE OF 14.09 FEET TO AN
INTERSECTION WITH SAID EAST RIGHT-OF - WA Y liNE AND THE POINT OF
BEGINNING OF THE PARCEL HEREIN OEseR/SED:
CONTAINING 4,967 SQUARE FEET OF" LAND. lAOF(f OR LESS:
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORO.
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DESCRIPTION: PARCEl. 101 TeE
CUENT: COLLIER COUN TRANS AllaN DIVISION
-lIS LEGAL DESCRIPTION AND SKETCH PREPARED BY;
4/10/07
/
YNE D. AGNOLl, r-<.S,M. NO. 5335
"ALE: N l.S. DATE: FFR ?R ?007
DRAWN BY:~ PROJECT NO.:05 OQR,
ACAD NO: 96?9 SO~S9 FILE NO; 96?9
c
/
FEE SIMPl..E
INTEREST
SECTION
16,
EXHIBIT -6...
page.L of ? S'
Agenda Item r,o. 10F
October 23, 2007
Page 40 of 110
50 SOUTH, RANGE 26
FLORIDA
EAST
TOWNSHIP
COlLIER COUNTY,
~
N
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PARCEL NO. 107 FEE
PROPERTY OWNER; MICHAEL L AND TAMMY S
MCENOREE
REFERENCE: D.R 2682 PG. 1634
FOLIO NO.: 0041SBDQOOll
AREA OF TAKE: 2217 SO. FT.
AREA OF REMAINDER: 0.56 A.CRES :I:
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(CR. 864) (100' R.O.W.)
R.O.W. RIGHT-OF-WAY
~.O.C. POIIH OF COMMENCMEtH
~.O.B. POINT OF BEGINNING
1$ LEGAL DESCRIPTION AND SKETCH PREPARED BY:
---
LEGAL DESCRIP110i~ :,t.:O SKETC~0HtET 1 OF 2
DESCRIPTION: PARCEL 107 FE."E /"
CLIENT: COLLIER COUN"TY TRANSP9.R'1AnON DIVISJON
..!J\
::BGNOLI
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:::UARBER &
....13
....
.... RUNDAGE,tIIC.
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/
2/28/07
4/10/07
/
c
BiL, . ~
<-- /}fAYNE O. AGNOLl, R.$.M. NO. 5335
:;:::ALE: 1~ - EJO' DATE; nEC. ?1 2006
DRAWN BY: ~ PROJECT NO.: 05-00R1
ACAD NO: 9629 SD1 FILE NO: 96?9
FEE SIMPLE
INTEREST
EXHIBIT.1L
P,...ie-of~
Agenda Item NO.1 OF
October 23, 2007
Page 41 of 110
SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COWER COUNTY, FLORIDA
LEGAL DESCRIPTION OF PARCEL 107 FEE
A PARCEL OF LAND LYING IN THE SOUTHWEST QUARTER OF SECTION 16,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER CDUNTY, FLORIDA,
BEING MORE PARTICULARLY OESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 16:
THENCE NORTH 00'03'07" WEST ALONG THE WEST LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 16 A DISTANCE OF 1,331.37
FEET TO AN INTERSECTION Vv1TH THE WESTERLY PROLONGATION OF THE
SOUTHERLY LINE OF A PARCEL OF LAND AS DESCRIBED IN O.R. 2682,
PAGE 1634, PUBLIC RECOROS OF COLLIER COUNTY. FLORIDA: THENCE
SOUTH 8917'23" EAST ALONG SAIO WESTERL Y PROLONGA TION A
DISTANCE OF 30.00 FEET TO AN INTERSECTION WITH THE EAST
RIGHT-OF-WAY LINE OF POLLY AVENUE AND THE POINT OF BEGINNING
OF THE PARCEL HEREIN BEING DESCRIBED;
THENCE NORTH 00'03'07" WEST ALONG SAID EAST RIGHT-OF-WA Y LINE
A DISTANCE OF B8.69 FEET TO AN INTERSECTION WITH THE NORTHERLY
LINE OF SAID PARCEL:
THENCE SOUTH 8916'52" EAST ALONG SAIO NORTHERLY LINE A
DISTANCE OF 25.00 FEET:
THENCE LEA VING SAID NORTHERLY LINE SOUTH 00'03'07" EAST A
DISTANCE of" 88.69 FEET TO AN INTERSECTION Vv1TH THE SOUTHERLY
LINE OF SAID P AReEL:
THENCE NORTH 89"17'23" WEST ALONG SAID SOUTHERLY LINE A
DISTANCE OF 25.00 FEET TO AN INTERSECTION WITH SAIO EAST
RIGHT-OF-WAY LINE ANO THE POINT Of" BEGINNING Of" THE PARCEL
HEREIN OESCRIBED:
CONTAJNING 2,217 SQUARE FEET OF LAND. MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
LEGAL DESCRIPTION AND SKETCH SI:\E8 2 OF 2
liS LEGAL DESCRIPTION AND SKETCH PREPARED BY; DESCRIPTION: PARCEL 107 FEE ./"
...!j\ CUENT: COLLIER COUNTY 1RAJJSPO~iI/lSION
:::fiGNOU
!55EI3ARDER & ,- . : B't.'~? ~,,/ -~ \
:!!5!&UNDAGE,,,,,,- 2/28/07 ~D. ^GNOU,_R.S,M. .NO. 5335
"..-.1<>='- "nKln_n, pWlnen, It.l.md .UTY1l1t11'11 :r"", (I:3J)I.N-Ii2II~ 4/10/07 SO-AlE: N.T S DATE: nF"c. 21 7006
~~~~=.r::::-;.:~~';.~oe!::=~~ / .-1SRAV.'N BY:-->!Atl PROJECT NO.:05 00B1
lUloooOLoo o.t....._ tr_ la _ .... II I8U Jwc \~~I~~I ACAD NO: r:i67Q Sn1 FILE NO: ~R?9
TEMPORARY,'
INSTRUCTION EASEMENT
liRA liON 3
SECTION 16,
EXHIBITL
Page..L!If :,
I
Agenda Item NO.1 OF
October 23, 2007
Page 42 of 110
COLLIER COUNTY,
PARCel NO. 107 Tee:
PROPERTY OWNER: t.HCHAE':l L AND TA~MY S.
MCfNOREe:
REFERENCE: O.R. 2682 PG. Hj3~
FOUD NO.; 00416800009
ARrA OF TAKE: BB7 so FT.
AREA OF REMAINDER: 0 59 ACRES :l::
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R.O.W. = RIGHT-OF-WAY !
T.C.E. ; TEMPORARY CONSTRUCTION EASEMENT
o .O.C. ; POINT OF COMMENCMENT
'.O.B. ; POINT OF BEGiNNING
\S LEGAL OESCRlPTlON AND SKETCH PREPARED BY:
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.---'
LEGAL DESCRIPTION 'ND SKETCH SIjEEI 1 OF 2
DESCRIPJlON: PARCEL 10- GE ~
CUENT: COLL\ER COUN -~I\NSPORT UN D'iV1SION
2(26 07
4(10(D7
, /
e'V~ _~___
/.,r.Y-NE D. AGNOU. R.S:M, NO. 5335
~ ";6>~ 1 ~ '" BO' DATE: DEe 71 ?006
y~AWN BY:---1Ati PROJECT NO.: 05-00B1
ACAD NO: 9629 SO? FILE NO: QB?9
~
I tMt'tIKARY ,
INSTRUCTION EASEMENT
URAJION 3 YEARS.
SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
EXHIBIT' ^ Agenda Item No, 10F
~ October 23, 2007
page-1L- of..1\L Page 43 of 110
LEGAL DESCRIPTION OF PARCEL 107 TCE
A PARCEL OF LAND LYING IN THE SOUTHWEST QUARTER OF SECTION 16,
TOWNSHIP 50 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING A T THE SOUTHWEST CORNER OF SAID SECTION 16;
THENCE NORTH 00'03'07" WEST ALONG THE WE'ST LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 16 A DISTANCE OF 1,331.J7
FEET TO AN INTERSECTION 'MTH THE WESTERLY PROLONGA TlON OF THE
SOUTHERL Y LINE OF A PARCEL OF LAND AS DESCRIBED IN O.R. 2682,
PAGE 1634, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA: mENCE
SOUTH 89'17'23" EAST ALONG SAID WESTERL Y PROLONGATION AND SAID
SOUTHERLY LINE A DISTANCE OF 55,00 FEET TO mE POINT OF
BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED;
THENCE CONTiNUING SOUTH 8917'23" EAST ALONG SAID SOUTHERLY
LINE A DISTANCE OF 10.00 FEET;
THENCE LEAVING SAID SOUTHERLY LINE NORTH 00'03'07" WE'ST A
DISTANCE OF 88.69 FEET TO AN INTERSECTION 'MTH THE NORTHERLY
LiNE OF SAID PARCEL:
THENCE NORm 89'16'52" WEST ALONG SAID NORTHERLY LINE A
DISTANCE OF 10. 00 FEET;
THENCE LEA VING SAID NORTHERL Y LINE SOUTH 00'03'07" [AST A
DISTANCE OF 88.69 FEET TO THE POINT OF BEGINNING OF THE PARCEL
HEREIN DESCRIBED:
CONTAINING 887 SOU ARE FEET OF LAND, MORE OR LESS;
SUBJECT TO EASEMENTS ANO RESTRICTIONS OF RECORO.
..!l\
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te..loQOJ. ol.l.lmeen. pl.aro:l.lll:rs. 6: land .~YCJ"l I'u::: Ill:lSl6oI-ZZG3
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_loooZ_U-Jl-.lIl_...__ ,....(UI}/o__
LEGAL DESCRIP110N AND SI(E1CH SI-IEE.J::VOF 2
DESCRIPll0N; PARCEL 1D7 TCE' .7'
CUEN1: COLUER COUNTY TRANSPORT A l1D DIVISION
/
IS LEGAL DESCRIPTION AND SKETCH PREPARED BY;
2/28/07
4/10/07
/
. AGNOLI. R.S.M. NO. 5335
DATE: [)FC 71 ?Ol1fi
PROJECT NO,: 05 onA1
FILE NO: 96?9
FEE SIUPtE
INTEREST
SECTION
16,
EXHIBIT' ^ Agenda Item No, 10F
...ll- October 23, 2007
01 S Page 44 of 110
TOWNSHIP 50
COLUER COUNTY,
EAST
PARCEL NO. 1081"F.E
PROPERTY OWNER: FRANCISCO Lovas
REFERENCE: Q,R. 3592 PG, 7167
FOLIO NO.: OD426044705
AREA OF TAKE: 4550 sa. FT.
AREA OF REMAiNDER: 1.15 ACRES :!:
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TAMMY S. MGE:NDREE I g ~
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O.R. 3963, Ct: (j
PC_ 0320 I cWO NO. 00418800009 \ ci tL
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~:-:-- 21 RAMTA.YAi.. ~
Q.. <.0 L::' Ct: '" O.R. 3224, PG_ 936
0'0 rOiJO NO. $~B43920()04
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HIS LEGAL DESCRIPTION AND SKETCH PREP AREO BY;
..!~
:::N..GNOU
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====!BBER &
.....
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2/2B/07
4 10/07
.!m SKETCH St1f:E1""'-T OF 2
TE //
TRAL'-lSPO~11i)-11ON DIVISION
.y //'/! -~
W7E D. AGNOU, R.S.M. NO. 5.335
I ,_,-t:: 1" - 80' DATE: DEe 71 7006
DKr"WN 8Y:~ PROJECT NO.:05 0081
'-1- ACAD NO: 9679-5D.3 FILE NO: Q629
LEGAL DESCRIPTI00'
DESCRIPTION: PARCEL 1C
CUENT: COlUER cm'
FEE SIMPLE
INTEREST
EXHIBIT ....8-
,."...LL oiL
.Agenda Item NO.1 OF
October 23, 2007
Page 45 of 110
SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
LEGAL DESCRIPTION OF PARCEL 108 FEE
A PARCEL OF LAND LYING IN THE SOUTHWEST QUARTER OF SECTION 16,
TOWNSHIP 50 SOUTH. RANGE 26 EAST, COLLiER COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 16;
THENCE NORTH 00"03'07" WEST ALONG THE WEST LINE OF mE
SOUTHWEST OUARTER OF SAID SECTION 16 A DISTANCE OF 1,420.07
FEET TO AN INTERSECTION WITH THE WESTERLY PROLONGA TJON OF THE
SOUTHERL Y LINE OF A PARCEL OF LANa AS DESCRIBED IN O,R, 3592,
PAGE 2167, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE
SOUTH 8916'52" EAST ALONG SAID WESTERLY PROLONGA TION A
DISTANCE OF 30,00 FEET TO AN INTERSECTION WITH THE EAST
RIGHT-OF-WAY LINE OF POllY AVENUE AND THE POINT OF BEGINNING
OF THE PARCEL HEREIN BEING DESCRIBED;
THENCE CONTINUING ALONG SAID SOUTHERLY UNE SOUTH 89'16'52"
EAST A DISTANCE OF 25.00 FEET;
mENCE LEA VlNG SAID SOUTHERLY UNE NORTH 00'03'07" ViEST A
D/STANCE OF 182.00 FEET TO AN INTERSECTION WITH THE NORTHERLY
LINE OF SAID PARCEL;
THENCE NORTH 8916'52" WEST ALONG SAiD NORTHERLY LINE A
DISTANCE OF 25.00 FETT TO AN INTERSECTION WITH THE E:AST
RJOHT-OF-WA Y LINE OF POLLY A VENUE:;
THENCE SOUTH 00'03'07" EAST ALONG SAID EAST RIGHT-OF-WAY LINE
A OISTANCE OF 182.00 FEET TO THE POINT OF BEGINNJNG OF mE
PARCEL HEREIN DESCRIBED;
CONTAINiNG 4,5S0 SQUARE FEET OF LAND. MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD,
....~
:::. GNOLI
.....
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LEGAL DESCRIPTION AND SKETCH SHE~L2- OF 2
DESCRIPTION, PARCEL 10B FEE /
CLIENT: COLLIER COUNTY TRANSPORTA-:nOl>l-/D1VtSl0N
BY, ~ / '7/,
'-w D. t\Gr-JOLl. R.S.M. NO. 5335
N L.S.. DATE: DEC. ?1 /006
WN BY;~ PROJECT NO.: 05 0081
ACAD NO: 9S?9-SD3 Fl:..E NO; 9629
2 28/07
4 10 07
'HIS LEGAL DESCRIPTION AND SKETCH PREPARED 8Y:
TEMPORARY
CONSTRUCTION EASEMENT
DURATION ?
SECTION
16,
PARCEL NO. 108 TeE
PROPERTY OWNER: FRANCISCO LDVOS
REFERENCe 0 R. J592 PG 7167
FOLIO NO.: 00426044705
ARE.A OF TAKE: 1 820 SO. FT.
AREA OF REMAINDER: 1.71 ACRES :t=
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Page.JL of 7 5"
,l";Jenda !tern NO.1 OF
October 23, 2007
Page ~6 of 110
TOWNSHIP
COLLIER COUNTY,
50 SOUTH, RANGE 26
FLORIDA
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R.O.W. = RIGHT-OF-WAY I
T,c'E. TEMPORARY CONSTRUCTION EASEMENT
P,O,C, ~ POINT OF COMMENCMENT
P,O,B, = POINT OF BEGINNING
THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY;
LEGAL DESCRIPTIO'
DESCRIPTION; PARCEL
CLIENT: COLLIER CO'_
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ACAD NO: 96:;'>9 S04 FILE NO: 9679
L
EXHIBIT 1\ Agenda Item No. 10F
P (::L f 7> October 23,2007
age__o_ Page47of110
SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
LEGAL DESCRIPTIoN OF PARCEL 108 TCE
A PARCEL of LAND LYING IN THE SOUTHWEST QUARTER of SECTION 16,
TOWNSHIP 50 SOUTH, RANGE 26 EAST. COWER CoUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRI8ED AS FOLLOWS;
COMMENCING AT THE SoUTHWEST CORNER of SAiD SECTIoN 16;
THENCE NORTH 00"03'07" WEST ALONG THE WEST LINE OF THE
SOUTHWEST oUARTER OF SAID SECTION 16 A DISTANCE of 1,420.07
FEET TO AN INTERSECT/ON WITH mE W'E"STERL Y PROLONGA nON OF THE
SOUTHERL Y LINE OF A PARCEL OF LAND AS DESCRIBED IN O.R. 3592,
PAGE 2167, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE
SOUTH 8916'52" EAST ALONG SAID WESTERL Y PROLONGA TlON AND SAID
SOUTHERLY LINE A DISTANCE OF 55.00 FEET TO THE POINT OF
BEGINNiNG OF THE PARCEL HEREIN BEING DESCRIBED;
THENCE CONTINUING ALONG SAID SOUTHERLY LINE SOUTH 89'16'52"
EAST A DISTANCE of 10.00 FEET:
THENCE LEAVING SAID SOUTHERLY LINE NORTH 00'03'07" WEST A
DISTANCE OF 182.00 FEET TO AN INTERSECTION VHTH THE NORTHERLY
LINE of SAID PARCEL;
THENCE NORTH 89j6'52" WEST ALONG SAID NORTHERLY LINE A
DISTANCE OF 10. DO FEET;
THENCE LEA VlNG SAID NORTHERL Y LINE SOUTH 00.03'07" EAST A
DISTANCE OF 182.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL
HEREIN DESCR{BED;
CONTAINING 1,820 SQUARE FEET OF LAND, MoRE oR LESS:
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
TEMPORARY
CONSTRUCTION EASEMENT
DURA TION :5 YEARS.
ER&
UNDAGE.-.
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LEGAL DESCRIPTION AND SKETCHS'
DESCRIPTION: PARCEL lOB TeE
CUENT: COLUER COUNTY TRANSPORT5
BY~.
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AD NO: 9S?9 SD4
..........,......--?
"i,.OF 2
THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY:
,1,'ff,S;lit Nfl, 5335
DATE: . [)~c' ,21 2006
PROJECT ,NO.: 05-0DB1
FILE' NO:, Q6?9
FEE SIMPlE
INTEREST
SECTION
16.
TOWNSHIP 50
COLLIER COUNTY,
PARca NO. 1D9 FEE
PROPERTY OWNER: MICHAEL L AND TAMMY S.
MCENORfl"
REFERENCE: O,R 2562 PG. 16:34
FOUO NO.: 00418800009
AREA OF TAKE: O.:S2 AC.
AREA OF REMAINDER: 2.39 ACRES :l:
SOiJTIIlJ/o/eOF'NORThL\STOUARTFR,
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.......1.3-of 75"
Agenda Item No.1 OF
October 23, 2007
Page 48 of 110
SOUTH, RANGE 26
FLORIDA
P.D.C.
lIt;STQUARTf"RCOIlNtR
StenCH 16, T:iP $, R:U I; POLLY AVE.
SOUJH !JNE.Of NCfl1J./~S'T roAR1E'Rf (60' R 0 Wj
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Feuo NO. 004260447D5
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! DESCRIPTION: PARCEL 109 FEE /
CUENT: COLLIER COUNTY :rR^NSPO~iviSl01\1
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2/28/07
4/17/07
BY, /~
~,'A,1NE D. AGNOLl, R.S~M. NO. 5335
/ /
sC';i..E.': 1~ = RD' D.u,TE: OFe. 71. 7.00B
;QP-;<:,WN 8Y:~ PROJECT NO.:~
.~,C:AD NO: 9629-SD5 FILE NO: 96?9
FEE SIMPLE
INTEREST
EXHIBIT ....8-
Pave.Ji.. of..l2:.
Agenda 'Item No. 10F
October 23, 2007
Page 49 of 110
SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
LEGAL DESCRIPTION OF PARCEL 109 FEE
A PARCEL OF LAND LYING IN THE SOUTHWEST QUARTER OF SECTION 16,
TOWNSHIP 50 SQUJH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA,
SEING MORE PARTICULARLY DESCRISED AS FOLLOWS;
COMMENCING AT JHE WEST QUARTER CORNER OF SAID SECTION 16;
JHENCE SOUJH 00'03'07" EAST ALONG THE \llEST LINE OF JHE
SOUJHWEST QUARTER OF SAID SECTION 16 A DISTANCE OF 664.36 FEET
TO AN INTERSECTION WlJH JHE WESTERLY PROLONGA TION OF THE
SOUTHERL Y LINE OF A PARCEL OF LAND AS DESCRISED SY A QUIT
CLAIM DEED IN O.R. 1091, PAGE 1107, PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA; THENCE SOUTH 89'18'11" EAST ALONG SAIO
WESTERL Y PROLONGATION A DISTANCE OF 30.00 FEET TO AN
INTERSECTION WITH JHE EAST RIGHT-OF-WAY LINE OF POLLY AVENUE
AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING
OESCRlSEO;
JHENCE CONTINUING SOUTH 89'18'11" EAST ALONG THE SOUTHERLY LINE
OF SAID PARCEL A DISTANCE OF 76.76 FEET;
THENCE LEAVING SAID SOUTHERLY LINE SOUTH 00'03'07" EAST A
DISTANCE OF 30.00 FEET;
THENCE NORTH 89'18'11" WEST A DISTANCE OF 44.75 FEET:
THENCE SOUTH 00'03'07" EAST A DISTANCE OF 363.73 FEET TO AN
INTERSECTION WiTH THE SOUTHERLY LINE OF A PARCEL OF LAND AS
DESCRIBED IN O.R. 2682, PAGE 1634. PUBLIC RECORDS OF COLLIER
COUNTY. FLORIDA;
THENCE NORTH 89'16'52" WEST ALONG SAID SOUJHERL Y LINE A
DISTANCE OF 32.00 FEET TO AN INTERSECTION WITH THE EAST
RIGHT-Or-WAY LINE or POLLY AVENUE;
THENCE NORTH 00'03'07" WEST ALONG SAID EAST RIGHT-OF-WAY LINE
A DISTANCE or 393.72 FEET TO THE POINT OF BEGINNING OF THE
PARCEL HEREIN DESCRIBED:
CONTAINING 0.32 ACRE'S OF LAND. MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
S LEGAL DESCRIPTION AND SKETCH PREPARED BY:
/"
LEGAL DESCRIPTION AND SKETCr'v-5:HEET 2 OF 2
DESCRIPTION: PARCEL 109 FEE _ //
CLIENT: COLLIER CDUN1'( 'fRANSPOR}kTlON DIVISION
: av: ;b/> /f .
2/28/07 ~'D' AGNOU,. R.S.M. NO, 5335
4/17/07 seA' N,TS .,DATE: [)FC 71 7006
D!3A BY:--->lAN PROJECT NO.:05 0081
{O'Ao NO: 9679-S05 FILE NO: 9679
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FEE SIMPlE
INTEREST
EXHIBIT-A-
Paat.J5:.. vf...1Z..
/loellda Item No. lOF
- October 23, 2007
Page 50 of 110
SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
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PARCEL NO. l1D fEE
PROPERTY OWNER: ROBBIE l RAY9URN
REFERENCE:: O.R. 1925 PG, ~720
FOLIO NO.; 00418720008
AREA OF TAKE: 0.45 Ar:.
AREA OF REMAINDER: 3,91 ACRES ::l::
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P.O.C. POINT OF COMMENCI-.IENT
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IS LEGAL DESCR1PTJOI'J P.,ND SKETCH PREPAR:::Q 8Y:
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LEGAL JES~RI?T:ON ,:"NO SKETCrr;'SHE.:ET 1 OF 2
DESCRIP1JON: PARCEL 110 FEE "'~
CLIENT. COLUER COUNTY ThANSPQRTA"'ION-DJVJSION
, c " 8Y C;;/ .;If ,
2/28/07 -JlA)Ncn- AGNOLl, R S M. NO. 53.35
4- 17 07 S(;'A~_ 1" 80' DATE' DI'"C 7.1 7006
PRAWN BY:-----.J..8,tl PROJECT NO.:~
(AC;,,D NO: 96'"19 505 FILE NO: 9629
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FEE SIMPlE
INTEREST
EXHIBIT A Agenda Item No. 10F
Page I (, f 7 S October 23. 2007
_0_ Page 51 01110
SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
LEGAL DESCRIPTION OF PARCEL 110 FEE
A PARCEL OF LAND LYING IN THE SOUTHWEST QUARTER OF SECTION 16,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING
MOR< PARTlCULARL Y D<SCRIBE:D AS FOLLOWS,
COMM<NCING A T THE WEST QUARTER CORNER OF SAID SECTION 16;
TH<NCE SOUTH 00'03'07" EAST ALONG TH< WEST LINE OF TH<
SOUTHWEST QUARTER OF SAID SECTION 16 A DISTANCE OF 30.00 FEET
TO AN INTERSECTION WITH TH< WES7ERL Y PROLONGA TION OF TH< SOUTH
RIGHT-OF-WAY lIN< OF POLLY AVENU<; mENCE NORTH 8918'58" EAST
ALONG SAID WESTERLY PROLONGA TlON A DISTANCE OF 30.00 FEET TO AN
INTERSECTION WITH mE SOUTH AND EAST RIGHT-OF-WA Y LINES OF
POLL Y AVENUE AND mE POINT OF BEGINNING OF THE PARCEL HEREIN
BEING DESCRIBED;
THENCE CONTINUING ALONG SAID SDum RIGHT-OF-WA Y LINE SOUTH
89"lS'58" EAST A DISTANCE OF 32.00 FEET;
THENCE LEAVING SAID SOUTH RIGHT-OF-WAY LINE soum 00'03'07"
EAST A DISTANCE OF 593.49 FEET;
THENCE SOUTH 78".38'58" EAST A DISTANCE OF 30..35 FEET;
THENCE NORTH 89'56'53" EAST A DISTANCE OF 15.00 FEET;
THENCE SOUTH 00'0.3'07" EAST A DISTANCE OF 5.47 FEET TO AN
INTERSECTION WITH THE NORTHERL Y LINE OF A PARCEL OF LAND AS
OESCRIBE:D BY A QUIT CLAIM DEE:D IN OR. 1091, PAGE 1107, PUBLIC
RECORDS OF COWER COUNTY, FLORIDA;
THENCE NORTH 8918'11" WEST ALONG SAID NORTHERLY LINE A DISTANCE
OF 76.76 FEET TO AN INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE
OF POLL Y A VENUE;
THENCE NORTH 00'03'07" WEST ALONG SAID EAST RIG.~T-OF-WAY LINE A
DISTANCE OF 604.36 FEET TO AN INTERSECTION WITH SAID SOUTH
RIGHT-OF-WAY LINE AND THE POINT OF BEGINNING OF THE PARca
HEREIN DESCRiBED;
CONTAINING 0.45 ACRES OF LANO, MORE OR LESS;
SUBJECT TO EASEMENTS ANO RESTRICTIONS OF RECORD.
....!.I\,
=:::fiG.NOLl
.....1::>
::::;UARBER &:
......&
......
...... UNDAGE._
PrIl_'lonalc~en,J1l1UUll!l'lI,&.landBlIrVIIlyonl hz:(tlIY)5Q_Z2Illl
Colli... CoIIa1;l'o "11", 1lIII, 7... tUlluIll1l'llll, 1IcftJl: _..-. I'J, :Nil. t_lIIll7-~lU
~~ ':~ll=:" '":: ~~1lI~-:-~ '" au~..., ===:~~~
LEGAL DESCRIPTION AND
DESCRIPTION: PARCEL 110 FEE
CLIENT: COLLIER COUNTY '.TRANSP~,TATI
2 OF 2
THIS LEGAL DESCRIPll0N AND SKETCH PREPARED BY:
~E,'.< .~~NOll';"~,~.:M~""I~' 5335
". NT S DAlE:. D!t'c '::''?1 ?DOS
8Y:~ PF~OJE:CT.~Nq;;05 0081
CAD NO: 96'29' S06 HLE" NO: '1- 9679
TEMPORARY
CONSTRUCTION EASEMENT
DURATION :? YEARS.
EXHIBIT..L
pageJL of..J.1.
Agenda item ~,Io. 10F
October 23. 2007
Page 52 of 110
SECTiON 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
PAR GEL NO. 110 Ten AND TC!::2
PROPERTY OWNER: RDBBIE L. RAYFllJRN
REFERENCE: O.R. 19,5 PG. 1720
FOUO NO.: OM1B720D08
AREA OF TAKE: 7263 SQ, FT. T01Al
AREA OF REMAINDER: 4 20 AeRts :r.
Sctlll-lWICo;NOR1}fCASTOUAR~R
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T.C.E. = TEMPORARY COt,STRUCTION EASEMENT
P.O.C. ~ POINT OF COMMENCMENT _________
P.O.B. = POINT OF BEGINNING LEGAL DESCRIPTION AND SKE'2H ;;J-tEn _J..'OF 2
THIS LEGAL DESCRIPTION AND SKETCH PREPARE~_ BY: \ DESCRIPTION: PARCEL 110 TCE1 AND ~_/,/
CLIENT; COLLIER COUNTY TRANSPORTAlj -'OIVlSION
POLLY A~.
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2 28/07
4/10/07
/
BY' , ./ r"
?-WA Y - "' AGNOLl, R.S.M, NO. 5335
1 ,. - ao: DATE: !)F'C, 21 I)n06
DR N BY:---.18H PROJECT NO.:fi5-00R1
? AD NO: 96?9-508 FILE NO: 96"9
TEMPORARY
CONSTRUCTION EASEMENT
DURATION :? YEARS.
EXHIBIT -A..
peg..JJL of....:LL
Agenda Item No, 10F
Odober 23, 2007
Page 53 of 110
SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLlIER COUNTY, FLORIDA
LEGAL DESCRIPTION OF PARCEL 110 TCEI
A PARCEL OF lANO lYING IN THE SOUTHWEST QUARTER OF SECTION 16,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLlIER COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING A T THE WEST QUARTER CORNER OF SAID SECTION 15;
THENCE SOUTH 00'03'07" EAST ALONG THE WEST LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 16 A DISTANCE OF 30,00 FEET
TO AN INTERSECTION WITH THE WESTERLY PROLONGA TlDN OF THE SOUTH
RIGHT-OF-WAY LINE OF POllY AVCNUE; THENCE NORTH B9'18'58" EAST
ALONG SAID WESTERLY PROLONGATION A DISTANCE OF 30.00 FEET TO
AN iNTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF POLLY
A VENUE; THENCE SOUTH 89'18'58" EAST ALONG SAID SOUTH
RIGHT-OF-WAY LINE A DISTANCE OF 32.00 FEET; THENCE LEAV1NG SAID
SOUTH RIGHT-OF-WAY LINE SOUTH 00'03'07" EAST A DISTANCE OF
71.49 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING
DESCRIBED;
THENCE CONTINUING SOUTH 00'OY07" EAST A DISTANCE OF 245,00
FEET;
THENCE NORTH 01'59'36" EAST A OISTANCE OF 245,16 FEET;
THENCE SOUTH 89'56'53" WEST A DISTANCE OF 8,75 FEET TO THE
POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;
CONTAINING 1,072 SQUARE F"ETT OF LAND, MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRiCTIONS OF RECORD,
ANO
LEGAL DESCRIPTION OF PARCEL 110 TCE2
A PARCEL OF lAND LYING IN THE SOUTHWEST QUARTER OF SECTION 16.
TOWNSHIP 50 SOUTH, RANGE 26 EAST. COLLIER COUN n, FLORIDA,
BClNG MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING A T THE WEST QUAP: fER COeNE:R OF SAID SECT.'ON 16:
TrlENCE SOUTH 00'03'07" EA.$T ALONG TI-iE WEST LINE OF THE
SOUTHWEST QUARTER OF SArD SECTiON 16 A DISTANCE OF" 30.00 FEET
TO AN INTERSECTION WITH THE 'NESTER!.. Y PROLONGA nON OF THE SOUTH
RIGHT-OF-WAY LINE OF POLLY AVENUE; THENCE NORTH 89';8'58" EAST
ALONG SAID 'rI!f:STERLyoROLONGATlON A DISTANCE 0):" 30,00 FEET TO
AN INTERSECTION \'v1TH ;HE SOUTH RIGHT-or-WAY Lf;'.JE OF PO:..LY
AVENUE; THENCE SOUTH 89'18'58" EAST ALONG SAID SOUTH
RIGHT-OF-WAY LINE A DiSTANCE OF 32.00 FEET TO THE POINT OF
BEGINNING OF THE PARC[L HEREIN BEING DESCF?!BE:D:
THENCE CONTINUING ALONG SAID SOUTH RIGHT-OF-WAY LINE SOUTH
89"18'58" EAST A DISTANCE OF 164.76 FEET;
THENCE LEAVING SAID SOUTH RiGHT-OF-WAY LINE SOUTH 00'03'07"
EAST A DISTANCE OF -30.37 FEET:
THENCE SOUTH 89'56'53" WEST A DISTANCE OF 95.00 rEET;
THENCE SOUTH 52'32'.34" WEST A DISTANCE OF 64.20 FcET:
THENCE NORTH 00'03'07" WEST A DISTANCE OF 38.00 FEET;
THENCE SOUTH 89'56'53" WEST A DISTANCE OF 18,75 FEET;
THENCE NORTH 00'03'07" VEST A DISTANCE OF 33,49 FEET TO AN
INTERSECTION vVlm SAID SOUTH RiGHT-OF-WAY LINE AND THE PO,lNT
OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;
CONTAINING 6,191 SQUARE FEET OF LAND, MORE OR lESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
....~
=::=RGNoU
.....13
.....
..... AnDER &
......13
......
...... RUNDAGE,IIIc.
l'..a1""_1 engine"..., P\oIUU\Ct'II, .!< land. 8Urveyon ,.... (28~)lI"-llZ<l8
eaua.. Co"'"r- Ilu!l& 100, ~~a TNIlINIlI 'f'JaI1. H...u., N.p.l", "' ~DI (18~ltl'r-IHI
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LEGAL DESCRIPTION AND SKETCH SW
DESCRIPTION, PARCEL 110 TeE1 AND TCE2 /
CLIENT: COLLIER COUNTY TRANSPORTATIOj!IDlVISION
THIS LEGAL DESCRIPTION AND SKETCH PREPA~~D BY:
5335
DATE: OF:C. 21 20D6
PROJECT NO,: 05-D081
F!LE, NO: 9629
EXHIBIT
Pa 1'1
A
Agenda Item No.1 OF
October 23. 2007
Page 54 of 110
1"eRPETUAl, iIION-EXCLUSIVE
OfWNAGe EASEMENT
of7S.
SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, rLORIOA
R.O.W. RIGHT -Oc -WA Y
D.E. DRAINAGE EASEMENT
P.O.C. POINT OF COMMENCMENT
P.O.B. = POINT OF BEGINNING
THIS LEGAL DEsCRIPTION AND SKETCH PREPARED
PARCEL NO. 110 DE
PROPERTY OWNER: ROBBIE l. RA'tBURN
REFERENCE: O.R 1925 "G. 1720
FOUO NO.: 004187?0006
AREA or TAKE: 712 so F'T.
AREA OF REMAINDER: 4.35 ACRES :r
~WOH~. ~al~~~5;~~\
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LEGAL DESCRIPTION AND
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SKETCi~ Si71EET
OF 2
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IMC6""'-1'n;.cco-..utliooU.._I03:0."''''SJona.p.PI.NI36 (29D)&lI?....111
c"""""'..o>f.UUOO_<l..N...UO_4.....U3"~ rQ;(UlI)oo".-"'::C
2/28/07
4/10 07
..1..-.."
8 /~
. / D. AGNOLl. ":SJ.~. ;" NO>5.:3.:35
SCA 1~80' DATE/' O;C ;1-;-:'20Of3'
DR} \l ~~, PROJEc:TNO.:~
f<CAy..A'JO: 9629 SD9 FILE NO' 9679
t
PellI E1lJAl. NON-EXCLUSIV~
DMlNAGE EASEMENT
EXHIBIT A Agenda Item No. 10F
October 23, 2007
Page_dO of.2.2:.. Page 55 of 110
SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST
cOLLlm COUNTY, FLORIDA
LEGAL DESCRIPTION OF PARca 710 DE
A DRAINAGE EASEMENT OVER, UNDER AND ACROSS ALL THAT PART OF
A PARCEL OF LAND LYING IN THE SOUTHWEST QUARTER OF SECTION 16,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS:
COMMENCING A T THE WEST QUARTER CORNER OF SAID SECTION 16;
THENCf: SOUTH 00'03'07" EAST ALONG THE WEST LINE OF THf:
SOUTHWEST QUARTf:R OF SAID SECTION 16 A DISTANCE OF 30.00 FEET
TO AN INTERSECTION WITH THE WESTERLY PRQLONGA nON OF THE SOUTH
RIGHT-OF-WAY LINE OF POLLY AVENUE.; THENCE NORTH 89"18'58" EAST
ALONG SAID WESTERLY PROLONGA TION A DISTANCE OF 30.00 Ff:ET TO
AN INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF POLLY
A VENUE: THf:NCE SOUTH 89'18'58" f:AST ALONG SAID SOUTH
RIGHT-OF-WAY LINE A DISTANCE OF 32.00 FEET: THENCE LEAVING SAID
SOUTH RIGHT-OF-WAY LINE SOUTH 00'03'07" EAST A DISTANCE OF
33.49 FEET TO THE POINT OF BEGINNING OF THE PARca HEREIN BEING
DESCRIBED:
THENCE CONTINUING SOUTH 00'03'07" EAST A DISTANCE OF 38.00 FEET;
THENCE NORTH B9'56'5J~ EAST A DlSTANC[ OF 18.75 FEET;
THENCE NORTH 00'03'07" WEST A DISTANCE OF 38.00 FEET;
THENCE SOUTH 89"56'53" WEST A DISTANCE OF 18.75 FEET TO THE
POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;
CONTAINING 712 SQUARE FEET OF LAND. MORE OR LESS;
SUBJECT TO EASEMENTS AND RE"STRICTIONS OF RECORD.
TH!S LEGAL DESCRIPTION AND SKETCH PREP ARlO BY:
LEGAL DESCRIPTIOl'icl'NJ;i;$KEfC
DESCRIPTION: PARCEL lWO",Pi"'~!t "~.'
CLIENT: COLLIER COUNTY .J~5~N~~ . IOt;l,D1VI:?!ON%:
c
-n 2 OF 2
RUNDAGE,lIfC.
~"c:.,,:,; ~"::.~~l=,: '::':~":'=PL ~I-': :==:::~~
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,.~
T'D. "(,;NOI-l, RS.M.'.: NO. 5335
". -;... '.\
" ',~"r;S;~.:'[)Aii.: 'DEC?,?n06
AWN By;~",",RROJe:CT NO:: 05 0081
/' ACAD NO: 96?9~sn9.,. FILE NO: 96'9
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TEMPORARY DRIVEWAY
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,_ . (OU/lA'f!O!'l: 3 ~:
EXHIBIT A
Page.2L of! '> _
SECTION 17. TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUN TY, FLORIDA
PARCEL NO. 111 IDRE"
PROpmTY OWNER: ROYAL WOOD GDLF AND
COUNTRY CI UFI UNIT TWO TFlACT P (POLLY AVENU!:')
REFERENCE: p B. '5 PGs. 19 20
FOLIO NO.: 71717515008
AREA OF TAKE: 1,262 SQ. FT.
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T.O.R.E. = TEMPORARY DRIVEWAY RESTORATION EASEMENT)' c
p.O.C. = POINT OF COL:M'-NCMENT , '~
r.O.B. = POINT OF 5EGINNING LEGAL DESCRIPTION A~6 SI(ET~;:;$f;eEl.-J..-,~'2
THIS LEGAL DESCRIPTION AND SKETCH PRi:PAREO BY; DESCRIPTION: PARCEL 1:lf~O~E':,'; ".
:::~. CLIENT: COLLlF:R COUNT~ TRAt.JSP,QRTA11. "; DIVISION'
::::. t. I: '" ,. ,,'f.-:-,~':r j'~.'f
::::: &: E':'-; :~,~ !. '" '-.
mm RUNDAGE.= 4/11/07 ,~'Y;'7"- AQ,NrJU, R,S;,~:):, NO, 5335
Prc:....SICnaJ COl:lA(\en, platlOen. &1e,od. $une)'Qn :r"":(......IU.."'lO. '-'~c. ~iliL DATE:'1"FEB.; ?8 .?OO?
l:.1U., o.,IUotr. Su1... 200. ~.ooo ~ 'l'n1!, ".r"" M.p.... n :J.j;lQ~ (ilafj&ll?_8Ul ~'''Y' "N' P'OJEC' NO 00_00080<
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c.'""'l......'..Ull>.Otl.r.aItaELI<-.Ulll6&.O_IlI06I{ 7"'l~n){"~a'1ZG 'J' AD NO:962~:""Sn30 FILE.NO: 96?9
TEMPORARY DRIVEWAY
RESTORATION'EASEMENT
(OUItAl1O!t. 3 YeARS, '
.. "',,'" r
EXHIBIT A Agenda Item No, 10F
Page'lL of 7 S.,.. October 23, 2007
- - Page57of110
SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
LEGAL DESCRiPTiON OF PARCEL 111 TORE
A PARCEL OF LAND LYiNG IN THE SOUTHEAST QUARTER OF SECTION 17,
TOWNSHIP 50 SOUTH, RANGE 26 EAST. COWER COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING A T THE EAST QUARTER CORNER OF SAID SECTION 17;
THENCE NORTH 89'11'03" WEST ALONG THE NORTH LINE OF THE
SOUTHEAST QUARTER OF SAiD SECTION 17 A DISTANCE OF 100.01 FEET
TO AN INTERSECTION WiTH THE: WESTERLY LINE: OF ROYAL WOOD GOLF
AND COUNTRY CLUB, UNIT TWO, TRACT P, AS RECORDED iN PLAT BOOK
15, PAGES 19 AND 2Q, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
AND THE PQiNT OF BEGINNING OF THE PARCEL HEREiN BEING
DESCRIBED;
THENCE CONTINUING NORTH B9'11'03~ WEST ALONG SAID NORTH LINE: A
DISTANCE OF 25,25 FEET;
THENCE LEAWNG SAID NORTH LINE SOUTH 00'03'07" EAST A DISTANCE
OF 47.18 FEET;
THENCE SOUTH 76'41'06" EAST A DISTANCE OF 25,95 FEET TO AN
iNTERSECTION fOATH THE WESTERLY LINE OF SAiD TRACT P;
THENCE NORTH 00'03'07" WEST ALONG SAID WESTERLY LINE A DISTANCE
or 52.80 FEET TO AN INTERSECTION WI TH SAID NORTH liNE AND THE
POINT OF BEGiNNING OF THE PARCEL HEREiN DESCRIBED;
CONTAINING 1,262 SQUARE FEET OF LAND, MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD,
"
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~...r___m_"""IIlIUM 'q;(~3IitW~1Za
LEGAL DESCRIPTION bN~;,r;E1~:I: S9~
DESCRIPTION: PARCEL 111 /TD~jl ~ .:?ifF'~Ar'.,: ,;y:~~;;' :~ .'
CUENT: COLLIER COUNTi:'l:R~~~P~,f\T,'~'Tl YJSIQN IW
THIS LEGAL DESCRJPTION AND SKETCH PREPARED 8Y:
4/11/07
if
'1"'-
~. .' ,~'G Lt, R.S.M~' ,. ~O~;.~B35
. ....',r,. '- ....", ,.,'.""'.
N: ';""U-ATE:'" ~EB,!,-:12'R 2007
o BY;~ PROJECLit'tO'~:~
~ 0 NO: 96?9 SD30 FJLE:'ND::.if' 9629
,~r,'
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FEE SIMPLE
INTEREST
EXHIBIT A P,genda Item No. 10F
. October 23. 2007
Page 2.L of "7 i:.. P"ge 58 of 110
SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
PARCEL NO. 112 fEE
PROPERTY OWNER: JOSEPH D1FRANCES:::O
REfTRfNCE; O.lt 3864 PG. 123
FOLIO NO.: 00418680009
AREA OF TAKE: 0.16 AC.
AREA OF REMAINDER: 3.81 ACRES :t
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A TI<1NS A Yr. OR. 252. PG. 703
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P.O.C. ~ POINT OF COMMENCMENT
P.OS. = POINT OF BEGINNING
THIS LEGAL DESCRIPTION AND SKETCH PREPARED
BY:
.
RUNDA.GE.-.
Prgt_SJ<lnBJ "agmee..... panr,en. & Ul.nd sunoeyo.... ,..., (2:IIIjr;sd-"'lc:l
~oDJ.. Cow><r. ........ .OC, 7_ 1'.-...u 'lhU. "">UI, ,....... PI. UlGa (lllI~J6ln'.alU
""0 ~....tr. 10.0 "-at _.. .eult. l~ ......u. """"*,,. PI. U,. f,,"}a.7-aUl
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!',1LLY AvE
:" R.O,W.) ,
.~7 T~
<'&f:.
LEGAL DESCRIPTW
DESCRIPTION: PARCEL
CLIENT: COLLIER coui
, ",.,-..,c,'
sH~niF 2
,c.,ND Sf<ETCH
FEE
TRANSPORH,J1ell' DI\tISION::
/ ,- // - .
8' // ,.1-
"E' D. AGNOLJ",~,.::?:M," . ~O. .5335
L.E"--1~ Dt.JE:'-DE"C:'7.1 7006
fj-AWN BY:----.JAbI,'PROJECT NO.:~
,ACAD NO: 95'9 SDlO FILE NO: 96'9
FEE SIMPlE
INTEREST
EXHIBIT II Agenda Item No. 10F
P ~ Lr f 7'> October 23.2007
age-=-- 0 _ Page 59 of 110
SECTION 16. TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
LEGAL DESCRIPTION OF PARCEL 112 FEE
A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER OF SECTION 16.
TOWNSHIP 50 SOUTH. RANGE 26 EAST. COLLIER COUNTY. FLORIDA.
BEING MORE PARTICULARL Y OESCRIBED AS FOLLOWS;
COMMENCING A T THE WEST OUAR TER CORNER OF SAID SECTION 16;
THENCE NOR7H 00'70'75" EAST ALONG THE WEST LINE OF 7HE
NORTHWEST OUARTER OF SAID SECTION 76 A DISTANCE OF 30.00 FEET
TO AN INTERSECTION WITH THE NDR7H RIGHT-OF-WAY LINE OF POLLY
AVENUE AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING
DESCRIBED;
THENCE CONTINUING ALONG SAID WEST LINE NORTH 00iO'15" EAST A
DISTANCE OF 604.50 FEET TO AN INTERSECTION WITH THE SOUTH
RIGHT-OF-WAY LINE OF ATKINS AVENUE;
THENCE SOU7H 89"20'27" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE
A DISTANCE OF 55.00 FEET;
THENCE LEAVING SAID SOUTH RIGHT-or-WAY LINE SOUTH 00'10'15"
WEST A DISTANCE OF 604.53 FEET TO AN INTERSECTION WT7H SAID
NOR7H RIGHT-OF-WA Y LINE;
THENCE NOR7H 8918'58" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE
A DISTANCE OF 55.00 FEET TO THE POINT OF BEGINNING OF THE
PARCEL HEREIN DESCRIBED;
CONTAINING 0.76 ACRES OF LAND. MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRiCTIONS OF RECORD.
e:::~NOU
.....
..... -.
..... l4BBER &;
......U
=:::::IDRUNDAGE.lIfC.
ProfuaktMJ tqlD.een. pJa.DD.erw. &: laD(\ IIU1'Vl!)'Onl 'U:: (DlllIlII-z2GlI
OIIJ;t.,c....._ZlIII.?__Tr&lLHorilI;H."'...n.UIUII~-&l1l
"- CaDBtr. $_ -.0.' 110>&4....... JQlI, _ ~ P.l. WiV> l_J0Jl7-:11U
C~ ~ AlWI.."..U... If_ LIIM1f....a puu r.s: (ZI~~llIo4?21
" ~.."
LEGAL DESCRIPTION ANO SKEJ:Cb' SHE~z::e( 2
DESCRIPTION: PARCEL 112 FEE.' ~. ',' ~.Y"";
CUENT: COLLIER COUNT( TRANSPo'~TA!~r,;y'UIVISION
, I B/ /7 ,Y, /- .' .- .-
2/28/07 ~> Ylfr'1>.AGNO""RS.M. .NO. 5335
4/11/07 . ALe:::: N TS'. "DAlE: DEC. 21 ?006
~AWN 8Y:~' PROJECT NO.:05-00A1
/ )/ACAD NO: 9679 smo FILE NO: 96'9
v
THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY:
.,
TEMPORARY
CONSTRUCTION EASEMENT
DURATION 3 YEARS.
A
Agenda Item 1'-10. lOF
October 23.2007
Page 60 of 110
EXHIBIT
Page 2~ of '75
--
SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIeR COUNTY, FLORIDA
PARCEL NO. 112 lC~1 AND TC"'2
PROPERTY OWNER: JOSEPH OIFRANCESCO
REFeReNCE: O.R. :38.64 PG , Z:5
FOLIO NQ.: 004-1 B6B0009
AREA OF TAKE: '54 so. FT. TOTAL
AREA OF REMAINDER: 4.56 ACRES ,j:,
OJ
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'1 ~l _ rrr.S7TNGNO/UHR.O\\;I.I/fE '" ~
SOUTIi UNf (if I,(lfl7HEASr OI)),R7I:IT\ ~---'-I."'"
~~;C~ 7;1 ~~gRfGiJ'" f~~f.- P QB w_ ~;lO POLLY AVE
PROPO~[O ID.R(,,\ 1,--,""11 OJ~CI5' f: 5OU}/f u/,/[ W J,C'~7H~ESr QlJARTUI" (80' ROW)'
- ~- -'r- ~-~ ~. -2D02..... _S€.:.::OIl~~~O..:..R::..26'!:. ~ .. I.~'" '
1 \ I p, '" 32&+e;o-,~ 1'< - I ,:; 1191858" <: 26J608 - .,,;;:1:"'.... \Q '''''lvUr--
NOII7H ur.<; OF SOU11'E:ASr OlJAP.TtR I v-........ I P.O.C NQIHH UHf: or SOUTHWEST OIJAIln-rPY_ ,1. I'~ '~1:"I' '~~q ,
SI;~ON J7 nw w s. RGt'" 2~ f 1 II'rEST QW.!/rU! COlWEll SECTION'6 l'JW 50 S, RGE zt; ~ . ~'JJI'~ .I
_ " Is"cmw IS T~a 5 R 25 ~ :j-" l 'i,.::~
R.O.W. - RIGHT-OF-W~,Y ",V.' :..;.. ..",..-~
P.O.C. POINT OF COMME~~CMt.:NT ,,":,;:,'\'Ji ;G;f~~. "~1L,~
P.O.B. POINT OF BEGINNING lEGAL DESCRIPTiON A!,D;:S~EJC~;E~;r"I.ti0F 2
THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: ?ARCEL 11::__?':~1. ~ND.):!;f~f6:;-\~,'1:~1'? ,,';:<;]'1&
....!I\ CLIENT: COLLIER COUlnA' :RAI.~~ft~r19N,;:,pJ~lSIOt{!,~;,;~ .~
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--
Agenda Item NO.1 OF
October 23, 2007
Page 61 of 110
SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
LEGAL DESCRIPTION OF PARCEL 112 TCEl
A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER OF SECTION 16,
TOWNSHIP 50 SOUTH, RANGE 26 EAST. COLLIER COUNTY FLORIDA.
BEiNG MORE PARTlClJLARL Y DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 16,
THENCE NORTH 00'10'15" EAST ALONG THE WEST LINE OF THE
NORTHWEST QUARTER OF SAID SECTION 16 A DISTANCE OF 30.00 FEET
TO AN INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF POLLY
A VENUE; THENCE SOUTH 89'18'58" EAST ALONG SAID NORTH
RIGHT-OF-WAY LINE A DISTANCE OF'55.00 FEET TO THE POINT OF
BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED;
T'rlENCE: CONTINUiNG ALONG SAID NOi'nH RIGHT-OF-WAY LINE SOUTH
8918'58" EAST A DISTANCE OF 8.75 FEET;
THENCE LEAVING SAID NORTH RIGHT-OF-WAY LINE NO,qTH 0070'15"
EAST A DISTANCE OF 7,19 FEET'
THENCE NORTH 89'49'45" WEST A DJSTANCf;: OF 8.75 FEET;
THENCE SOUTH 0010'15" WEST A DISTANCE OF 7.12 FEET TO AN
INTERSECTION WITH SAID NORTH RIGHT-OF-WAY LINE AND THE POINT
OF BEGINNING OF THE PARCEL HEREIN DESCRIBED:
CONTAiNING 63 SOUARE FEET OF LAND, MORE OR LESS:
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
AND
LEGAL DESCRIPTION OF PARCEL /12 TCE2
A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER OF SECTION 16,
TOWNSHIP 50 SOUTH, RANGE 26 EAST. COLLIER COUNTY. FLORIDA,
BEING MORE PARTICULARLY DESCRiBED AS F"OLLOWS:
COMMENCING AT THE: WEST QUARTER CORNER OF SAiD SECTION 16;
THENCE NORTH 00iO'15" EAST ALONG THE WEST LINE OF THE
NORTHWEST QUARTER OF SAJD SECTION 16 A O.rSTANCE OF' 634.51 FEET
TO AN INERSr:;TiON WiTH THE SOUTh' R.lGh'T-OF-WAY liNE OF ATKINS
AVENUE;, THENCE ALONG SAID SOUTh' HIGHT-OF-WAY LINE SOUTH
89"20'21" EAST A DISTANCE OF 55.00 FEET TO THE PDiNT OF
BEGINf'UNG OF THE P ARea h'[REJN BEING DCSCRiBED:
THENCE CONTJNUlNG A~ONG SAID saViN RIGHT-OF-WAY LINE SOUTH
89'20'21" EAST A DISTANCE: OF 9.75 FEET:
THENCE LEAVING SAID SOUTH RIGHT-OF-\liAY LINE SOUTH 00'10'15"
WEST A DISTANCE OFG.S3 FiTT:
THENCI: NORTH 89"49'45" WEST A DiSTANCE OF 9. 75 .~E:::T:
THENCE NORTH 00'10'1.5" EAST A DISTANCE OF 9.41 FeET TO AN
iNTERSECTION WITH SAID SOUTH RIGHT-OF-WAY u/\,rr AND THE: POINT
OF' BEGiNNING OF THE.'"PARCEL HEREIN DESCRiBED:
CONTAiNING 91 SQUARE FEET OF LAND. MORE OR LESS:
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
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DESCRIPTION: PARCEL 11~JTCqf A. D T. . \~JJ~~ 'i.,...
CUENT: COLLIER COUNTY:F~A~SP ..ftl9;N ,qt;YISlqN_.~ .
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SECTION 16,
EXHIBIT A
Page 27 of 7'>
--
COLLIER
PARCEL NO. PARCFl 1'3 fEE (pOND ND.n
PROPERTY OWNER: ANDY MORGAN
REFERENCE; Q,R. 3692 PC. 1644 O.R. 3051 PG. 592
FOLIO NO.: PORTIONS OF FOUD NUMBERS
FOUO NO.: 00420-400002 AND 0042220000&
AREA OF' TAKE: g,14 AC.
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- October 23, 2007
Page 62 of 110
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DESCRiPTION: PARCEL 113 FEE (PQND 1':!9...1J.
CLIENT: COLLIER COUNTY JRANSPO m~ DIVISION
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~7 D AGNOU, R.S.M. NO. 5335
C)d:E:----1.:....=..1Q!t DATE: .1\'1 Y 17 2007
:J3~AWN BY: -----illlli. PROJECT NO.: 05-0081
ACAD NO: 9629-5012 FILE NO: 9679
9/27/07
FEE SIMPLE
INTEREST
EXHIBIT fl Agenda Item No. 10F
Page 28 on s-.
--
October 23, 2007
Page 63 of 110
SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, rLORIOA
LEGAL DESCRIPTION OF PARCEL 113 FEE
A PARCEL Or lAND LYING IN THE NORTHWEST QUARTER OF SECTION 16,
TOWNSHIP 50 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA, 8EJNG MORE
PARTfCULARL Y DESCRIBED AS FOLLOI-o\IS;
COMMENCING AT THE WEST QUARTER CORN[R OF SAID SECTION 16;
THENCE NORTH 00'10'15" EAST ALONG THE WEST UNf OF THE NORTHWEST
QUARTER OF SAID SECTION 16 A DISTANCE OF 694.51 FEET TO AN
INTERSECTION WITH THE NORTH RIGHT-Of-WAY LINE OF ATKINS AVENUE AND
THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED:
THENCE CONTINUING NORTH 00"10'15" EAST ALONG SAID WEST LINE A
DISTANCE OF 634,51 FEET;
THENCE LEAVING SAID WEST LlNf SOUTH 89"21'44" EAST A DISTANCE OF
626.44 FEET TO AN INTERSECTION WITH THE j.',f"ST RIGHT-OF-WAY LINE OF
SUNSET BOULEVARD;
THENCE SOUTH 00"0.3'36" WEST ALONG SAID WEST RIGHT-OF-WAY LINE A
. DISTANCE OF 634.77 FEET TO AN INTERSECTION WITH THE NORTH
RIGHT-OF - WA Y LINE OF A TK./NS A VENUE;
THENCE NORTH 89"20'21N WEST ALONG SAID NORTH RJGHT-OF-WAY LINE A
DISTANCE OF 627.67 FEET TO THE POINT OF BEGINNING OF THE PARCEL
HEREIN DESCRIBED;
CONTAINING 9.14 ACRES OF LAND. MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
: UNDAGE.oo:.
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LEGAL DESCRIPTION AND SKETCH SHEEL2, OF 2
DESCRIPTION: PARCEL 113 FEE WOND NO.'t.........--:__.....--..---'
CLIENT: COLLJER COUNTY TRAtjSPORTATI9.b1--nh'lSION
8Y, /:7
Wpxt'71). AGNOLl, R.$.M. NO, 5335
~c v- N.TS,. DATE: ,JlJlY 17 2007
AWN BY:~ PROJECT NO.:~
tAD NO: 9679 SO'2 FILE NO: 9629
9/27/07
THIS LEGAL DESCRIPTlON AND SKETCH PREPARED BY;
FEE SIMPLE
INTEREST
EXHIBIT AAgenda Item No 10F
P '1 '1 f 7 ~,October 23, 2007
age_o_ Page64of110
SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
PARCeL NO. 114 FEE:
PROPERTY OWNER; ANDY MORGAN
REFERENCE: O.R. 3692 PG. 184<4-
FOLIO NO.: 00420400002
ARE:A Or TAKE: 0.90 AC,
AREA OF REMAINDER: 3.88 ACRES :i
lj~~~-;o.; pm DEED~
O.R. 384, PG. 510
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EXHIBIT A Agenda Item No. 10F
page.so of 7$ October 23,2007
_ _ Page65of110
SECT/ON 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
LEGAL DESCRIPTION OF PARca 114 FEE
A PARCEL OF LAND LYING IN THE NORTHWEST QUARTrR OF SECTION 16,
TOWNSHIP 50 SOUTH, RANGE 26 EAST. COLLlrR COUNTY, FLORIDA,
BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 16;
THENCE SOUTH 00'10'15" WEST ALONG THE WEST LINE OF THE
NORTHWEST QUARTrR OF SAID SECTION 16 A DISTANCE OF 694,51 FEET
TO AN INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF
WHITAKrR AVENUE AND THE POINT OF BEGINNING OF THE PARca
HEREIN BEING DESCRIBED;
THENCE CONTiNUING ALONG SAID ~ST LINE SOUTH 00'10'15" WEST A
DISTANCE OF 634.51 FEC:T TO AN INTERSECTION WITH THE SOUTHERLY
LINE OF A PARCEL OF LAND AS DESCRiBED IN O.R. 3692. PAGE 1844,
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE SOUTH 89'21'44" EAST ALONG SAID SOUTHERLY LINE A
DISTANCE OF 56.75 FEET;
THENCE LEA VING SAID SOUTHERLY LINE NORTII 00'lD'15" EAST A
DISTANCE OF 311.07 FEET;
THENCE SOUTH 89'49'45" EAST A DISTANCE OF 10.00 FEET;
THENCE NORTH 00'10'15" EAST A DISTANCE OF 323.38 FEET TO AN
iNTERSECTION WITH THE SOUTH RIGHT~OF-WAY LINE OF WHITAKER
A VENUE;
THENCE NORTH 89'23'08" WEST ALONG SAID SOUTH RIGHT-OF-WAY
LINE A DISTANCE OF 66.75 FEET TO AN INTERSECTION WITH SAID WEST
LINE AND THE POINT OF BEGINNING OF THE PARCfL HEREIN DESCRIBED:
CONTAINING 0,90 ACRES OF LAND, MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORO,
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THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY:
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4- '1 07
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TEMPORARY
CONSTRUCTION EASEMENT
DURATION 3 YEARS.
EXHIBIT ~genda Item No. 10F
Page S If''> Octcber 23,2007
_0_ Page66of110
SrCTlON 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUN TY, FLORIDA
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THiS LEGAL DESCRIPTION AND SKETCH PREPARED BY:
PARCEL NO. 114 TeE
PROPERTY OWNER: ANDY MORGAN
REFERENCE: OR. 3692 PG, 1644
FOUO NO.: 0047.040000'
AREA OF TAKE: 550 so FT
AREA OF REMAINDER: 4.76 ACRES %
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OR. 3692, PG. 1844
FOUO NO. D042D40(J[JQ2
PARCEL 113 FEE
PROP05flJPCJN(JSm::
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LEGAL OESCRIPTIONAi,D .SKETC
D~SCRjPT10N: PARCEL 114 -TeE:' //
CLIENT: COLLIER CO~NTY TRAN~,.epA~n.Otl DIVISION
. BY,_ ///
2/28/07 --' .WAYNE Q;. AGNOU,.'RS:M. NO.: 5.3.35
4/11/07 LE: 1"_ BO'DATI:: DF.C, 71 2006
':iRAWN BY:----.!Atl ~~q,j(,CT' NO.:~
ACAD NO: 9629 5014 FILE, NO: 9629
//
1 OF 2
EXHIBIT A Agenda Item No, 10F
October 23, 2007
Page 52 of 7:> Page 67 of 110
SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIOA
LEGAL DESCRIPTION OF PARCEL 114 TCE
A PARCEL OF LAND L YlNG IN THE NORTHWEST QUARTER OF SECTiON 16,
TOWNSHIP 5Q SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
BnNG MORE PARTiCULARL Y DESCRIBED AS FOLLOWS;
COMMENCING A T THE NORTHWEST CORNER OF SAID SECTION 16;
THENCE SOUTH 0010'15" WEST ALONG THE WEST LINE OF THE
NORTHWEST QUARTER OF SAID SECTION 16 A DISTANCE OF 694,51 FEU
TO AN INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF
WHITAKER AVENUE; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE
SOUTH 89'23'08" EAST A OISTANCE OF 66.75 FEU TO THE POINT OF
BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED;
THENCE CONTINUING ALONG SAID SOUTH RIGHT-OF-WAY LINE SOUTH
89'23'08" EAST A DISTANCE OF 55,00 FEU;
THENCE LEAVING SAID SOUTH RIGHT-OF-WAY LINE SOUTH 0010'15"
WEST A DISTANCE OF 10,00 FEET;
THENCE NORTH 89'23'08" WEST A DISTANCE OF 55,00 FEU;
THENCE NORTH 0010'15" EAST A DISTANCE OF 10.00 FEU TO AN
INTERSECTiON WITH SAID SOUTH RIGHT-OF-WAY LINE AND THE POINT
OF BeGINNING OF THe PARCEL HERnN DESCRIBED;
CONTAINING 550 SQUARe FEU OF LAND, MORe OR LESS;
SUBJeCT TO eASEMENTS AND RESTRICTiONS OF RECORD,
TEMPORARY
CONSTRUCTION EASEMENT
DURATION? YEARS.
....
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LEGAL DESCRIPTION A"O,::',fCETCH SJ;lEtT 2 OF 2
DESCRIPTION: PARCEL 114 TCE"
CLIENT: COLLIER COUN .ANSPOR:r:, J,qN DIVISION
/'i"
/j A [), .,~3N()L1; RS.M; ~O. 5.335
.~.J..S..: .P/,JE: '.DEC. 21 ?006
BY:'~" PROJECT. NO.: 05 00R1
CAD NO:9629-SD14,;-'flCE NO:' 9629
2/28/07
4/11/07
THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY:
fEE SIMPLE
INTEREST
EXHIBIT A
51 - " Bnda Item NO.10F
Page_ of_.!.!. October 23, 2007
Page 68 of 110
SECT/ON 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
PARCEL NO. 115 FEE
PROPERTY OWNER: NORMAN R. F"ARMIIO TRUST
REFERENce DR 3787 PG. 2954
FOLIO NO.: 00427080001
AREA OF TAKE; 3.79 AC.
AREA OF REMAINDER: 1.06 ACRES :t
$QIJ7HCl\iAA1EI/r;lJRNER
SECTIOIIII.T50S,1I26E
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_ ,_TO ~O~[R~U~TY._ --+ _ D.!!: .J~, ~. ~4 _. ~
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~OU~O',=~O~~02_ '_
Pp1~ ;l:;{~[ \
PONO NO.j'
':"
cEGAL DeSCRIPTION AND St<ETCH SpEr:Ili5P 2
DESCRIPTION: PARCEL 1:5 FEE /'
CLIENT: COLLIER COUNTY T3ANS~ORTf 10
VISION
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6 19/07
B/;.wA31':cr.~:-R'&M-:NO 5335
SCAl~" e,; 1'10' DAn:: APR 30 2007
DR 8Y;~ PROJECT NO.:~
AD NO: 962Q 5D32 ffLE NO: 96'79
Fer; SIMPLE
INTEREST
EXHIBIT /\
"'anA J 4; ~~em No. 10F
~_____~ er23,2007
Page 69 of 110
SECTION 17, TOWNSHIP 50 SOUTH. RANGE 26 EAST
COLLIER COUNTY, FLORIDA
LEGAL DESCRIPTION OF PARCEL 115 FEE
A PARCEL OF lAND lYING IN THE NORTHEAST QUARTER OF SECTION 17,
TOWNSHIP 50 SOUTH. RANGE 26 EAST. COLLIER COUNTY, FLORIDA.
BEING MORE PARTlCULARL Y DESCRIBED AS FOllOWS;
COMMENCING A T THE NORTHEAST CORNER OF SAID SECTION 17;
THENCE SOUTH 00'10'15" WEST ALONG THE EAST LINE OF THE
NORTHEAST QUARTER OF SAID SECTION 17 A DISTANCE OF 694.51 FEET
TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED;
THENCE CONTINUING SOUTH 00'10'15" WEST ALONG THE EAST LINE OF
THE NORTHEAST OUARTER OF SAID SECTION 17 A DISTANCE OF 634.51
FEET TO AN INTERSECTION WITH THE SOUTHERL Y LINE OF A PARCEL OF
LAND AS DESCRIBED IN Q.R. 3787. PAGE 2954, PUBLIC RECORDS OF
COLLIER COUNTY. FLORIDA:
THENCE NORTH 89"04'05" WEST ALONG SAID SOUTHERL Y LINE A
DISTANCE OF 187.01 FEET TO AN INTERSECTION WITH THE ARC OF A
NON-TANGENT CURVE CONCAVE WESTERLY AND WHDSE RADIUS POINT
BEARS NORTH 88'21'DO" WEST A DISTANCE OF 651,04 FEET;
THENCE NORTHERLY ALONG mE ARC OF SAID NON- TANGENT CURVE
THROUGH A CENTRAL ANGLE OF 28'53'51" AN ARC OISTANCE OF J28,J6
FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERL Y AND
HA WNG A RADIUS OF 653.00 FEET;
THENCE NORTHERL Y ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 27'21'21" AN ARC DISTANCE OF 311.78 FEET TO AN
INTERSECTION WITH A TANGENT LINE ANO THE WESTERl Y LINE OF SAID
LANDS;
THENCE NORTH 00'06'Jl" EAST ALONG SAID TANGENT LINE AND SAID
WESTERL Y LINE OF SAID LANDS A DiSTANCE OF 20.20 FEET TO AN
INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF WHITAKER
A VENUE;
THENCE SOUTH 89'OO'J9" EAST ALONG SAID SOUTH RIGHT-OF-WA Y LINE
A DISTANCE OF 333.32 FEET TO AN INTERSECTION "1TH SAiD EAST LINE
OF THE NORTHEAST QUARTER OF SAID SECTION 17 AND THE POINT OF
BEGINNING OF THE PARCEL HEREIN DESCRIBED;
CONTAINING J,79 ACRES OF lAND, MORE OR lESS;
SUBJECT TO EASEMeNTS AND RESTRICTIONS OF RECORD.
....~
....
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.....
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.....513
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Prol:ellllione.l e.na:lnooenr, plUmlllnr, ok I4I>d eurmyun '"" (=D)lI6a-~
~~=~IIlal~=~N~~';.i::Ollf=r~::':ii
c-....... <1l.t.Il-"'u".. __ 11 _ _ D to... ,.., (ag)olDll-~1.1
LEGAL DESCRIPTION AND SKETCH
DESCRIPTION: PARCEL 115 FEE
CLIENT: COLLIER COUNTY TRANSPQR DIVISION
6 19 07 BY: D~ 'I':lot:r. R:'6.M. NO. 5335
seAL . N T S DATE: APR. 30 2007
N 8Y:~ PROJECT NO.:~
AD NO: q67~ SD3? FILE NO: 9679
THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY:
FEE SIMPLE'
INTEREST
SECTION
PARCEL NO. 116 FEE
PROPERTY OWNER: ANDY MORGAN
REFERENCE: O.R 3692 PG. 1844-
FOLIO NO,: 004-2040000'-
AREA OF TAKE: 0,72 AC.
AREA or REMAJNDER: 4.05 A.CRfS :I:
HI)[j";f(J'IJ'W 9S-!/
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OR. 384, PG. 514
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16,
EXHIBIT A
Page 3'5 of'S-
--
TOWNSHIP 50 SOUTH, ,r::ANGE 26 EAST
FLORIDA
COLLIER COUNTY.
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D.P., 3051, PG. 592
PARCEL #J
mUG NO. 004()S40001J7
soum~ST QUARTER
SECTION 9, r 50 S. R 26 C
Agenda item NO.1 OF
October 23. 2007
Page 70 of 110
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c..-uuo.w .r ",,,u._U.~ /;08. !B 3_ ....d SII :_ ,"'" (~"}&"-n..
LEGAL DESCF(jPTION AND
DESCRIPTION: PARCEL 116 rEC
CLIENT: COUIER COUNTY TRt...~,\SPDR:TA
,E%] 3v.~
2/28 07 '----jn(y~O, AGNOU, R:$J..l. NO. 5335
t,./1'/07~se,(/ 1" - 80' DATE: OFC 21 200.6
4/27/C~~~'AVYN 8Y:~ PROJECT NO.:~
ACAD NO: 9679-Sn15 FilE NO: 9679
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EXHIBIT A
Page~ of 7$
Agenda Item NO.1 OF
October 23.2007
Page 71 of 110
SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
LEGAL DESCRIPTION OF PARCEL 116 FEE
A PARCEL OF LANa LYING IN THE NORTHWEST QUARTER OF SECTION 16,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS;
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 16;
THENCE SOUTH 00'10'75" WEST ALONG THE WEST LINE OF SAID SECTION
16 A DISTANCE OF 634.51 FEET TO AN INTERSECTION WITH THE NORTH
RIGHT-OF-WAY LINE OF WHITAKER AVENUE;
THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE AND SAID SOUTHERLY
LINE SOUTH 89'23'08" EAST A DISTANCE OF 58,75 FEET:
THENCE LEAVING SAID NORTH RIGHT-OF-WAY LINE NORTH 00'10'15"
EAST A DISTANCE OF 162,61 FEET TO THE BEGINNING OF A CURVE
CONCA VE WESTERLY AND HA VlNG A RADIUS OF 3,082.00 FEET;
THENCE NORTHERL Y ALONG THE ARC OF SAID CURVE THROUGH A
CE:NTRAL ANGLE OF 08'48'46" AN ARC DISTANCE OF 474.05 FEET TO
AN INTERSECTION WITH THE NORTH LINE OF THE NORTHWEST QUARTER
OF SAID SECTION 16;
THENCE NORTH 89'24'32" WEST ALONG SAID NORTH LINE A DISTANCE
OF 22,36 FEET TO THE: POINT OF BEGINNING OF THE PARCEL HeREIN
DESCRIBW;
CONTAINING 0.72 ACRES OF LANO, MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD,
2/28 07
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4/27/07
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cEGAL DESCRIPTION AND SKETCli
DESCRIPTION: PARCEL 116 FEE
CUENT: COLLIER COUNTY ANSPORT
.. ~
THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY:
N T S. DATE: DFC 71. 2006
AWN BY:---1AI::!. PROJECT NO,;.M.=QQ.Ill
ACAD NO: 9629 SD15 FILE NO: 91'l?9
TEMPORARY
CONSTRUCTION EASEMENT
DURATION 3 YEARS.
SECTION
16,
EXHIBIT A Agenda Item No. OF
Pa "57 f IS October 23,2007
98_0_ Page72of110
TOWNSHIP 50 SOUTH, RANGE 26 EAST
FLORIDA
PARCEL NO. 116 TeE
PROPERTY OWNER: ANDY MORGAN
REFERENCE: O.R. 3597 PG. lS44
FOLIO NO,: 0042040000:>
AREA OF TAKE: 630 sa FT.
AREA OF ReMAINDER: 4.75 ACRF"S :t
COLLIER COUNTY,
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2/28/07
4/11/07
EXHIBIT ttenda Item "0. 10F
? - .::lctober 23,2007
page2.L of...2:::. Page 73 of 110
SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
LEGAL DESCRIPTION OF PARCEL 116 TeE
A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER OF SECTION 16,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, COlLIER COUNTY, FLORIDA,
BE:lNG MORE PARTICULARLY OESCRIBED AS FOLLOWS;
COMMENCING A T THE NORTHWEST CORNER OF SAID SECTION 16;
THENCE SOUTH 00'10'15" WEST ALONG THE WEST LINE OF THE
NORTHWEST QUARTER OF SAID SECTION 16 A DISTANCE OF 634.51 FEET
TO AN INTERSECT/ON WITH THE NORTH RIGHT-OF-WAY LINE OF
WHITAKER AVENUE; THENCE SOUTH 89'2T08" EAST ALONG SAID NORTH
RIGHT-OF-WAY UNE A DISTANCE OF 58.75 FEET TO THE POINT OF
BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED;
THENCE CONTINUING ALONG SAID NORTH RIGHT-OF-WAY LINE SOUTH
89'2.3'08" EAST A DISTANCE OF 63.00 FEET;
THENCE LEAVING SAID NORTH RIGHT-OF-WAY UNE NORTH 00'10'15"
EAST A OISTANCE DF 10.00 FEET;
THENCE NORTH 89'23'07" WEST A DISTANCE OF 63.00 FEET;
THENCE SOUTH OD10'15" WEST A DISTANCE OF 10.00 FEET TO AN
INTERSECTION Vt1TH SAID NORTH RIGHT-OF-WAY LINE AND THE POINT
OF 'BEGINNING OF THE PARCEL HERE:lN DESCRIBED;
CONTAINING 630 SQUARE FEET OF LAND, MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
TEMPORARY
CONSTRUCTION EASEMENT
DURA liON S YEARS.
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2 OF 2
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2 28/07
4/11/07
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CAD NO: 967.9-5016 FILE NO: 9679
PERPETUAL, NON-EXCLU8M!
DRAINAGE EASEMENT
EXHIBIT A ^
D.._ 7'1 _,~_-.gnda Item No 10F
. ~ of 7S October 23.2007
- """== P ge 74 of 110
SECTION
16,
PARCEL NO. 116 DE
PROPERTY OWNER: "NDY l.40RGAN
REFERENCE: O.R. 3692 F'G. 1844
FOUO NO.: 00420400002
AREA OF TAKE: , 002 SO. FT.
AREA OF REMAINDER: 4.74 ACReS *
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DRAINAGE EASEMENT
EXHIBIT A
0-,... 4-0''-11"'nda Item NO.1 OF
. ~____ 0,_ October 23. 2007
. Pcge 75 of 110
SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
LoGAL DoSCRIPTION or PARCEL 116 DE
A DRAINAGo oASEMoNT OVER, UNDER AND ACROSS ALL THA T PART OF
A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER OF SEC770N 16,
TOWNSHIP 50 SOUTH, RANGE 26 oAST. COLLIER COUNTY, FLORIDA,
BolNG MORo PARTlCULARL Y DESCRIBm AS FOLLOWS;
COMMENCING AT THo NORTHWEST CORNER OF SAIO SECTION 16;
THoNCE: SOUTH 89"24'32" E:AST ALONG THE NORTH UNo OF THE:
NORTHWE:ST QUARTER OF SAID SECTION 16 A DISTANCE OF 40.00 FEET;
THE:NCE: LE:AVlNG SAID NORTH LINE: SOUTH 00'10'15" WE:ST A DISTANCE:
OF 40.00 FEET TO THo POINT OF BEGINNING OF THE PARCEL HEREIN
BEING DESCRIBED;
THENCE CONTINUING SOUTH 0010'15" WEST A DISTANCE OF 92.61 FEET
TO AN INTERSECTION WITH THE ARC OF A NON-TANGENT CURVE
CONCA I/[ WESTERLY AND WHOSE RADIUS POINT BoARS SOUTH 83'50'51"
WEST A DISTANCE OF 3.062.00 FEET;
THWCE SOUTHERLY ALONG THE ARC OF SAID NON- TANGENT CURl/[
THROUGH A CoNTRAL ANGLE OF 00'19'38" AN ARC DISTANCo OF 17.60
FEET;
THENCE NORTH 07'47'36" EAST A DISTANCE OF 110.97 FEET;
THWCE NORTH 89'24'32" WEST A DISTANCE: DF 16.61 FoET TO THo
POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;
CONTAINING 1,002 SQUARE FoET DF LAND, MORo OR LESS;
SUBJoCT TO oASoMoNTS AND RoSTRICT/ONS OF RoCORD.
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LEGAL DESCRIPTION AND 'SKETC
DESCRiPTION: PARCEL ,,~'1W' DE," '"."~,,
CLIENT: COLUER COUN "@AN' .,~~Tt,,!N:,OIVISION
THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY;
2/'28 07
4/11 /07
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BY.~
AYr!~',p'_"0GNOU..' R;'S.t-!: NO. 5335
ALE: ' ?N!'T.s::, DATE:' DEe :;11 7006
DRAWN BY;~::)>ROJECT NO.:05 00B1
/ ACAD NO: 9629-SD17 FILE NO: 96?9
,.
FEE SIMPLE
INTEREST
PROJECT NO.
PARCEL NO.
FOLIO NO.
60091
117FEE
00426680004
Agenda Item NO.1 OF
:) tober 23. 2007
Page 76 of 110
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
EXHIBIT-L
Pee-.!:iL crf.12-
A PORTION OF SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
MORE PARTICULARLY DESCRIBED AS FOllOWS:
THE EAST ONE HALF (1/2) OF THE NORTHEAST ONE QUARTER (1/4)
OF THE NORTHEAST ONE QUARTER (1/4) OF THE NORTHEAST ONE
QUARTER (1/4) OF SAID SECTION 17. lESS THE SOUTHERLY 30 FEET
THEREOF. CONTAINING 4,775 ACRES MORE OR lESS.
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SKETCH NOT TO SCALE
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EXHIBIT A
Page 42 of 7r;
SECTION 9, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER CO UN TY FLORIDA
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PROPERTY OWNER: ANDY MORGAN
REFERENCE: O.R, :0.051 PG, 592 (PARCEL i13~
FOLIO NO.: 004094000D7
AREA OF TAKE: 6 672 SQ. FT.
AREA OF REMAINDER: 5,00 ACRES "=
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LEGAL DESCRIPTION AN) SKE'r c
DESCRIPTION: PARCEL 118 fEE
CUENT: COLLIER COUNTY TRANSPO~
"
/
GNDU, R.S.M.., NO. 5335
1" - RO' DATE: Ore. 71 7006
A'NN 8Y:~ PROJECT NO:V~
ACAD NO: 9fi7Q-SlllR FILE NO: 9629
FEE SIMPLE
INTEREST
EXHIBIT A
Page 4.3 of 7S
--
SECTION 9, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY. FLORIDA
LEGAL DESCRIPTJON OF PARCEL 118 FEE
A PARCEL OF LANO LYING IN THE: SOUTHWEST QUARTER OF SECTION 9,
TOWNSHIP 50 SOUTH, RANGE 26 EAST. COLLiER COUNTY, FLORIDA,
BEING MORE PART1CULARL Y DESCRIBED AS FOLLOWS;
BE:GINNING A T THE SOUTHWEST CORNeR OF SAID SE:CTJON 9;
THENCE NORTH 00'50'31" WEST ALONG THE WEST LINE: OF mE:
SOUTHWEST QUARTER OF SAID SECTION 9 A DISTANCE OF 342.49 FEET
TO AN INTERSECTION WITH THE NORTHERLY LINE OF A PARCEL OF LAND
AS DESCRIBED IN OR. 3051, PAGE 592, PUBLIC RECORDS OF COLLieR
COUNTY, FLORIDA:
THENCE LE:AVING SAID VIEST LINE: SOUTH 89'30'23" EAST ALONG SAID
NORTHERLY UNE A DISTANCE OF 3.90 FEET TO AN INTERSECTION wrTH
THE ARC OF A NON- TANGENT CURVE CONCA VE EASTERL Y AND WHOSE
RADfUS POINT BEARS NORTH 8611'18" EAST A DISTANCE OF 2.900.00
FEET;
Tt--IENCE LEA VlNG SAID NORTHERL Y LiNE SOU ThERL Y ALONG THE ARC OF
SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 04'51'32"
AN ARC DISTANCE OF 245.93 FEET:
THENCE SOUTH 08'40'13" EAST A DISTANCE OF 99.57 FEET TO AN
INTERSECTION WITH THE SOUTH LINE OF THE SOUTHWEST QUARTER OF
SAID SECTION 9:
THENCE NORTH 89'24'32" WEST ALONG SAID SOUTH LINE A OISTANCE
OF 40.60 FEET TO THE POINT OF BEGINNING OF TJ-/E PARCEL HEREIN
DESCRIBED;
CONTAINING 6.672 SQUARE FEET OF LAND, MORE OR LESS;
SUBJECT TO EAS[MENTS AND RESmiCTlONS OF RECORD.
Agenda item NO.1 OF
October 23, 2007
Page 78 of 110
LEGAL DESCRIPTI,
DESCRIPTION: PARCEl
CLIENT: COLLIER co'
SI-- ~OF 2
THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY:
^
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::::: AREEli &
......
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Prole..lOD&1 ePOlwen, plannen, k 1O..nI1 _,"""yon ,..., <=0)1186_
CGlIl.-IloIllll,p _ 20\1,?400 _-'Ii~ 1<....... n&lllll (1':JV)II.,....Ul
u. eo...."" llWO Coaoa..l ~ BWt.o 1011 IIaDlt,o. /IpriDp, n :l.Io1U II:U)U1-Ull
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DLVISION
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2 28 07
4 l' /07
8 27 07
~~D. ~NOLl, R.S.M. NO. 5335
SC~~ N T S DATE: DEe 21 2006
~N BY:-->1A/i PROJECT NO.: 05 00a1
/,,,,AD NO: Q6?9 SD18 FILE NO: 9679
PERPETUAL. WON-EXCLUSIIIE
DAAJNAGe EAlIEMl!NT
EXHIBIT 0'""'a Item No 10F
Page 44 of ISbctober 23,2007
I-'age 79 of 110
SECT/ON 9, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, rLORIOA
PARCEL NO. 119 rJE
PROPERTY OWNER: AlEXANDER G. CHRISTOU
REFERENCE: OJ~, 519 PC, 7.5
FOLIO NO.: 00409440009
AREA OF TAKE: 1 110 sa. FT.
AREA OF REMAiNDER: 5 12 ACRES :t:
I::~~
<:"'8
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81J.~
(1:..;-0
!:!d60
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SUBJECT TO A 30'~
EASEMENT PER DEW
O.R. 589. PG. 1305
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1" - 80"~DA 'fE::'.' ,I (:'FR' ~ '28 "2007
AWN 8Y:~ PROJECT'N9.;~
ACAD NO:9629 5019 FILE' NO: , 9679
PERPETUAL, NON-cXCl.U8M!
DRAINAGE EASEMENT
EXHIBIT "'~ellcJa Item f,o. 10F
Page 4-<> of rS~lOber 23,2007
- --..!?age 80 of 110
SECTION 9, TOW,I\,JSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
LEGAL DESCRIPnON OF PARCEL 119 DE
A DRAINAGE EASEMENT OVF:R, UNDF:R AND ACROSS ALL THA T PART OF
A PARCEL OF LAND LYING IN THE SOUTHWEST OUARTER OF SEcnON 9,
TOWNSHIP 50 SOUTH. RANGE: 26 EAST, COLLIER COUNTY, FLORIDA,
BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS;
COMMENCING A T THE SOUTHWEST CORNF:R OF SAID SEcnON 9;
THENCE NORTH 00"50.31" WEST ALONG THE WEST LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 9 A DISTANCE OF 647.65 FEET
TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED;
THENCE CONnNUING ALONG SAID WEST LINE NORTH 00.50.31" WEST A
DISTANCE OF 37..33 FEET TO AN INTERSECTION WITH THE NORTHERLY
LINE OF THOSE LANDS AS DESCRIBED IN a.R. 619, PAGE 25. PUBLIC
RECORDS OF COLLiER COUNTY, FLORIDA:
THENCE SOUTH 89'35'33" cAST ALONG SAID NORTHERL Y LINE OF SAID
LANDS A DISTANCE' OF 30.01 FEET:
THENCE LEA VING SAID NQRTHERL Y UNE OF SAID LANDS SOUTH
00'50'31" EAST A DISTANCE OF 36.68 FEET;
THENCE SOUTH 89'09'29" WEST A DISTANCE OF 30.00 FEET TO AN
INTERSECTION WITH SAID WEST LINE AND THE POINT OF BEGINNING OF
THE PARCEL HEREIN DESCRIBED;
CDNTAIIJING 1,110 SQUARE FEET OF LAND. MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRlcnONS OF RECORD.
....!h,
imt\G~NOU
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......
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...... UNDAGE,:atC.
ProroaU1OJ:l4I m>gID.oa~n, pJannen, '" UlJ;I<I BW"WIYOno "'-'" lDll\Mo-2Ulll
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'- c.._1;r. 811" _. -. 1:\lJ.'" 103; _to. "'PdJIao. n. UI.3lI /2lIt)"""....IU
c-..", 0: ...~t!aIl,.-... III ".. ""~ J:ll "W hll: jUI}lM-1l?U
LEGAL DESCRIPTIOI, AND SK[TCH~OF 2
DESCRIPTION: PARCEL 119 DE L~:
CUENT: COLLIER COUtjJ)Y TRAN~~OR:!ft'1'ON ONISlptj,: .
~/ /~/\, ,"~
4/11/07 'z. WA:mt DL~GNO~!,. ~$J~~\VN,~.\5Z35
~~-c{ N.TS DATE: Fc..f3. '28. .7007
/ ....RAWN BY:~ PROJECT N.O.:~ I
/., ACAD NO:9S79 sm9 FILE NO: 9629
(/
THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY:
TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIO:~g ~
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SCALE: 1" = 80'
SUBJECT ro A 30' I,
EASEMENT PER D(~~ LESS SOUTH 30 ROAD ROW PER DEED 1
OR 589 PG 1305 lOR. 18J5, PG 685 AND
_ _ _ _ '. 0 R. 2774. PG 86
-------- --------1- - - - 0.>- -
~i1lr.n_:c,~6"4\ I
PARceL 12(; Fri . ;79tJ;.i7 if' 3J..Oi "t . . rliol
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FEE SIMPLE
INTEREST
SECTION
8,
PARCEL NO. 120 FIT
PROPERTY OWNER: COLI I.ER COUNTY
REFERENCE: O.R. 2751 PC 1 7!!1
FOLIO NO.: 00404480005
AREA OF TAKE: 023 AC.
AREA OF REMAINDER; 10.77 ACRFS .....
COLLIER COUNTY
O.R. 4041, PG. 2964
FOLIO NO. 00404800000
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P.D.B. POINT OF BEGINNING
THIS LEGAL DESCRIPTION AND SKETCH PREPARED
....f\
....
.... GNOU
.....13
.....
..... ARBER &:
......13
......
...... RUNDAGE.II<<".
ProfulJ1<mQ1 llD.!ineen. planllern, '" lan"- ,urveYOrll ru: (:::W~I-=~
c"wol" Co_\!,, ~w.to 100. HOlI T~ f1o..l, "Ol"\ll) H.p.... n uloa (U~)GIn-aIU
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EXHIBIT A
Pa~ 4-~ of;S
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Agenda Item NO.1 OF
October 23, 2007
Page 81 of 110
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sa;1rQN fl. 1WP.,0 S" fIC<:. 26 t. \
. Stl9'i-i'J.:?"r 2ru.~'r- 1:0,,1- T'-
NORm UHf OF'NORiHltc;Tt:lIJARrrn..J
S[C:1/ON I~, TlW. fi() S.. ReF:, 26 !:.
"
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BY:
,-i:GAL OESCRIPTID~ AND S~E
DESCRIPTION: PARCEL 120 FEE /~
CLIENT: COLLIER COU TY TRAN3P. TA'riON
~~.OF 2
9/24/07
DIVISION
YNE D. AGNDLI, R.S.M. NO. 5335
ALE: 1" - RO' DATE: APR 21 '1007
DRAW,'\l BY:~ PROJECT NO :QQ:::..QQ1ll
ACAD NO: 967Q 5046 fiLE NO: 96::>9
FEE SIMPLE
INTEREST
EXHIBIT A ,L\genda Item I'Jo. 10F
Pa~ 47 otis
--
October 23, 2007
Page 82 of 110
SECT/ON 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
LEGAL DESCRIPTION OF PARCEL 120 FEE
A PARCEL OF LAND LYING IN TNE SOUTHEAST QUARTER OF SECTION 8,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLL/ER COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCR/BED AS FOLLOWS:
COMMENCING A T THE SOUTHEAST CORNER OF SAID SECTION B;
THENCE NORTH 00'50'31" WEST ALONG THE EAST UN[ OF THE
SOUTHEAST QUARTER OF SAID SECTION 8 A DISTANCE OF 654,97 FEU
TO AN INTERSECTION WiTH THE NORTHERL Y UNE OF A PARCEL OF LAND
AS DESCRIBED IN O.R. 2751. PAGE 1281. PUBLIC RECORDS OF COLLIER
COUNTY, FLORfDA AND THE POINT OF BEGINNING OF THE PARCEL HEREIN
BEING DESCRIBED;
THENCE CONTINUING ALONG SAID EAST UNE NORTH 00'50'31" 'NEST A
DISTANCE OF 30,01 FEU TO AN INW?SECTlDN WITH THE SOUTHERLY
LINE OF A PARCEL OF lAND AS DESCRIBED iN OR 4041, PAGE 2964,
PUBLIC RECORDS OF COlliER COUNTY, FLORJOA;
THENCE NORTH 89"05',9" YVEST ALONG SAID SOUTHERL Y LINE A
DISTANCE: OF .334,09 FEET;
THENCE LEAVING SAID SOUTHERLY LINE SOUTH 00"50'31- EAST A
DISTANCE OF 30.01 FEET TO AN fNTERSECTlON WITH SAID NOR7HERL Y
LiNE;
THENCE SOUTH 89"05'19" EAST ALONG SAID NDRTf1ERL Y LINE A
DISTANCE OF 334.09 FEET TO AN INTERSECfON WITH THE EAST LINE OF
T!-fE SOUTHEAST QUARER OF SAID SECTION 8 AND THE POINT OF
BEGINNING OF THE PARCEL HEREIN DESCRIBED;
CONTAINfNG 0.23 ACRES o,~ LAND. MORE: OF? LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
LEGAL OESCRIFTlor, ."NO SKETCH SHE:U 2 OF 2
THiS LEGAL DESCRIPTION AND SKETCH PR:;.PAi\ED BY; I DESCRIPllON; PARCEL '.~~ F~E" ______
;:::1.\ rCLlENT: COlliER co 'T~ANSP09-ATION DIVlSION
....fiGNOLI . I ' /.
:::::0 I'. ./ '. J
::55!~UN1lR oCt . - E'9724/07 I . )y'1~E D. AGNOt.l, R.S.M. NO. 5335
......I.JRUl' AGE,,,,,,- . ~-2.
Prcf...J1o=.l enal.De~~ pl4mutl'll, " 1Iu1d 8UT9Uy<lI1l r..., (~.lli&ll-~ i . ~';-'LE: NT::; DATE; APR 7,1 7007
~:;."~e:IU~~=,1~ca~~~n.~,~OSI=l~:::~1i! -";).'lRAWN 8Y;~ PROJECT NO.:05 OOf:!1
,....a&&&o<>l"u_.......I<_I.lI__ZII..~ ,.&.>;:(~i)fa!-z7211 I ';1 A8AD NO:96?9-SD46 FILE NO; 9629
FEE SIMPLE
INTEREST
PROJECT NO.
PARCEL NO.
FOLIO NO.
60091
121FEE
00407200005
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY) "
EXHIBIT -A-
... 1+ 'J ofL
A PORTION OF SECTION 9. TOWNSHIP 50 SOUTH, RANGE 26 EAST,
MORE PARTICULARLY DESCRIBED AS FOLLOWS,
THE SOUTH ONE HALF (1/2) OF THE NORTHWEST ONE QUARTER
. (1/4) OF THE SOUTHWEST ONE QUARTER (1/4) OF THE SOUTHWEST
ONE QUARTER (1/4) OF SAID SECTION 9. LESS THE SOUTHERLY 30
FEET AND THE EASTERLY 30 FEET THEREOF. CONTAINING 4.34
ACRES MORE OR LESS.
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Agenda Item NO.1 OF
October 23, 2007
Page 83 of 110
FEE SIMPLE
INTEREST
','
EXHIBIT A
Page 4-'1 ons'
--.
SECTION 8,
TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
PARCEL NO. 122 FEE
PROPER TY OWNER:
REFERENCE: O.R. 2J!!6 PG. 2393
FOUO NO.: 00404840002
AREA OF TAKE; 10022 so, n
AREA or REMAINDE:R: 1.08 ACRES :l::
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Agenda Item NO.1 OF
October 23, 2007
Page 84 of 110
80'
P.o.C.
501)m~SrCORIIER.
s'cnON9,r""S./i:261!.
swm l>>I. ~ 01' SOO'rn"t:ST WARTU/~
5I:CIIO/I~. 1l\f'.::,o s,. 1IGE. 26 E. .. ~
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R.O.W. R1GHT-OF-WAY
P.O.C. POINT OF COMMENCI./,[NT
P.O.B. POINT OF BEGII,NING
THIS LEGAL [,[SCRIPTION AND SkETCH PF<E?AHED BY:
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DESCRIPTION: PARCEL 122 FEE
CUi:.NT: COLLIER COUN Y iRANSP,' ATIGN, DIVISION
~~ET 1 OF 2
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6/26/07
AGNOLl'. R;S.M.. NO. 53.:55
DATE: APR 23 2D07
DRAWI\ 8Y:~ PROJECT NO :05-0081
ACAD NO: 95?9 5D47 FILE NO: 96?9
-z:'
FEE SIMPLE
INTEREST
EXHIBIT A
Page 5""0 of IS
--
Agenda Item NO.1 OF
October 23, 2007
Page 85 of 110
SECT/ON 8, TOWNpHIP 50 SOUTH, RANGE 26 EAST
COLLli{::R COUNTY, rLORfOA
LEGAL Df'SCRIPTION OF PARCEL 122 FEE
A PARCEL OF LAND LYING IN THE SOUTHEAST QUARTER QF SECTION 8,
TOWNSHIP 50 SOUlH, fiANGE 26 EAST. COLLIER COUNTY, FLORIDA,
BEING MORE PARTlCUL~RL Y DESCRIBED AS FOLLOWS;
COMMENCING A T THE SOUTHEAST CORNER OF SAID SECTION 8;
lHENCE NORTH OO'50'~1" WEST ALONG THe EAST LINE OF THE
SOUTHEAST OUARTER OF SAID SECTION 8 A DISTANCE OF 1,369,95
FEET TO AN INTERSECjfIDN WllH THE NORTHERLY LINE OF A PARceL OF
LAND AS DESCR/BED I~ Q.R. 4041, PAGE 2964. PUBLIC RECORDS OF
COLLIER COUNTY. FLORIDA AND THE POINT OF BEGINNING OF THE
PARCEL HEReiN BElNGi DeSCRIBED;
,
THENCE CONTiNUING A~ONG SAID EAST LINE NORTH 00'50'.31" WEST A
DISTANCE OF 30.01 FB,ET TO AN INTERSECTION WITH THE SOUTHERLY
LINE OF A PARCEL OF'LAND AS DeSCRIBED IN D.R, 2388, PAGE 2393.
PUBLIC RECORDS OF COLLIER COUNTY.. FLORIDA;
THENCE LEAViNG SAID iEAST LINE NORTH 89'13'28" WEST A DISTANCE
OF 334.07 FEET TO AFiJ iNTERSECTiON WiTH THE WESTERLY LINE OF A
PARCEL OF LAND AS DESCRIBED IN O.R. 2388, PAGE 2393, PUBLIC
RECOHDS OF COLLIER 'COUNTY. FLORIDA;
THENCE SOUTH 00"50'.31" EAST ALONG SAID WESTERLY UHE A DISTANCE
OF 30.01 FEU TO AN [INTERSECTION WITH SAID NORTHERLY LINE;
THENCE SOUTH 89'1.3'.28'" EAST ALONG SAID NORTHERLY LiNE A
DISTANce OF 3J4.07 /fEU TO AN INTERS[CTlON WITH SAID EAST LINE
AND lHE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;
CONTAINING 10,022 SQUARE FEET OF LAND. MOa[ OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD,
THIS LEGAL DESCRIPTION AND SKETCH PREPAHED BY:
LEGAL OESCRIPTION AND SKETC"~ ?FIt'p::"'2 OF 2
DESCRIPTION: PARCEL 122 FEE //
CLIENT: COLLIER COUNTY TRANSPOR~ION DIVISION
, 8y,4 /' . ___
6/26/07 ~A D. AGI'JOU, R.S,M, NO, 5335
: NT S DATE: APR ?:'l ?007
AWN BY:-8ti PROJ(CT NQ,:05 ('JOR,
ACAD NO; 9629-SD47 FILE NO: 96?~
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FEE SIMPLE
INTEREST
PROJECT NO.
PARCEL NO.
FOLIO NO.
60091
123FEE
00408880000
Agenda Item NO.1 OF
ober23,2007
age 86 of 110
LEGAlL DESCRIPTION & SKETCH
, (NOT A SURVEY)
EXHIBIT A
Page Sl of 7S
--
A PORTION OF SECTION 8. TOWNSHIP 50 SOUTH, RANGE 26 EAST,
MORE PARTICULARLY I!lESCRIBED AS FOllOWS:
THE EAST ONE HALF (1/2) OF THE SOUTHEAST ONE QUARTER (1/4)
OF THE NORTHEAST ONE QUARTER (1/4) OF THE SOUTHEAST ONE
QUARTER (1/4) OF SAID SECTION 8. ALSO KNOWN AS TRACT 16,
ENCHANTED ACRES. O.R. 555. PG. 354, LESS THE SOUTH 30 FEET
THEREOF AND lESS THE NORTH 30 FEET THEREOF. CONTAINING
4.78 ACRES MORE OR lESS.
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CoiUer CaUllty Transportation Englneetll1g ami ClJnslfUclion Mmlilgal1lstll Department
OOJ22f0711:35Nt.
FEE SIMPLE
INTEREST
PROJECT NO.
PARCEL NO.
FOLIO NO.
60091
124FEE
00408880000
LEGAL DESCRIPTION & SKETCH
· (NOT A SURVEY)
EXHIBIT A
Page Sl of.:J:L
A PORTION OF SECTION 19. TOWNSHIP 50 SOUTH, RANGE 26 EAST,
MORE PARTICULARLY DIFSCRIBED AS FOLLOWS:
THE NORTH ONE HALF (1,12) OF THE SOUTHWEST ONE QUARTER
(1/4) OF THE NORTHWE$T ONE QUARTER (1/4) OF THE SOUTHWEST
ONE QUARTER (1/4) OF SAID SECTION 9, LESS THE NORTHERLY 3D
FEET THEREOF. CONTAINING 4,55 ACRES MORE OR LESS,
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OO/2.0I077:HIPM
Agenda Item No, 10F
c!ober 23, 2007
. Page 87 of 110
FEE SIMPLE
INTEREST
Agenda Item NO.1 OF
EXHIBIT A October 23, 2007
Page_2J:.. of 7') Page 88 of 110
SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26
COLLIER COUNTY, FLORIDA
PARCEL NO. 115 FFF
PROPERTY O~ER: MIC':HAEl &: MARIE THOMPSON
REFERENce: O.R. 838 PC, 81
r-OLlQ NO.: 00404640008
AREA OF TAKE: 1,0' AC,
AREA OF REMAINDeR.. 1.31\ ACRES :t
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4 27/07
81':
WAY"JE D. AGNOLl. R.$.M. NO. 5335
SCALE: 1 ~ - 80' DATE: Frs.?8 ?OD7
DRAWN BY:~ PROJECT NO:~
ACArJ NO: 9629 5034 FILE NO: 9629
FEE SIMPlE
INTEREST
EXHIBIT fj
Page :; 4- of 7~
-- -
Agenda Item NO.1 OF
October 23,2007
Page 89 of 110
SECTION 8, TOWNSHIP 50 SOUTH. RANGE 26 EAST
COLLIER COUNTY. FLORIDA
LEGAL DeSCRIPTION OF PARCEL 125 FEE
A PARC[L OF LAND LYING IN THE SOUTHEAST QUARTER OF SECTION 8.
TOWNSHIP 50 SOUTH. ,'?ANGE 25 EAST, COLUER COUNTY, FLORIDA.
BEING MORE PART7CULARL Y DESCRIBED AS ,~CLLOWS;
COMMENCiNG A r THE EAST QUAR )[R CORN[R OF SAID SECTION 8;
THENCE SOUTH 00'50'J1" [A,ST ALONG fH[ EAST LlN[ OF ThE
SOUTHEAST QUARTCR OF SAID SECTION B A DISTANC[ OF 342.49 F[ET
TO AN INTH?SECTION WITH THE NORTHERL Y LiNE OF A PARCEL OF LAND
AS DESCRIBED IN OR. 838. PAGE 81, PUBLIC RecoRDS OF COLLIER
COUNTY, FLORIDA AND THE POINT OF BEGINNING OF THE PARCEL HER[lN
BEING DESCRIBED;
THENCE: CONTINUING SOUIH 00'50'31" EAST ALONG SAID EAST LINE A
DISTANCE OF 312.48 F[ET TO AN INTERSECTION WITH mE NORTH
RIGHT-Of-WAY LINE OF COPE LANE;
THENCE NORTH 89"21'J8H WEST ALONG SAiD NORTH R.leNT-OF-WAY LINE
A DISTANCE OF 162.61 FEET;
THENCE LEAVING SAID NORTH RIGHT-OF-WAY LINE NORTH 07"21'18"
EAST A DISTANCE OF 237.02 FEET TO THE BEGINNltlJ'G OF A C:URVE
CONCAVE WESTERLY AND HAVING A RADIUS OF 2,900.00 FEET;
THENCE NORTHERL Y ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 01'38'41" AN ARC DISTANCE OF 83.24 FEET TO AN
INTERSECTION WITH SAID NORTHERLY LINE;
THENCE SOU rH 89"25'43" EAST ALONG SAID NQRTHfRL Y LINE A
DISTANCE OF 118.97 FEOET TO AN INTERSECTION WITH SAID EAST LINE
OF SAID SECTION B AND THE POINT OF BEGINNINC OF THE PAP?CEL
HERON D[SCRfBEIJ;
CONTAINING 1.01 /\CRES Of LAND, MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTWNS Of' RECORD.
LEGAL DOSCRIPIION AND S~ETCH SHEET 2 OF 2
THIS LEGAL DESCRlp"TI:JN AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 125 FEE
CLIENT: COLLIER COUNTY TRANSPORTATION DIVISION
lir;DAGE...t.
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BY:
4 12 07
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WAYNE D. AGNOU, R.5.M. NO. 5335
SCALE' N T S. DATE: FEB.?R 2007
DRAWN BY:--...!A!i PROJECT NO.:~
ACAD NO: 96?9 S034 FILE NO: ~
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EXHJB~T A
Page s-.s of 75
--
SECTION 9, TOWNSHIP 50 SOUTH, RANGE 26
COLLIER COUNTY, FLORIDA
E.AST
PARCEL NO. 125 FEF
PROPERTY OWNER: C &: T PROPf'RTIFS UNLlMI TED
REFERENCE: O.R. 3283 PG, 5:>5
FOLIo NO.: 004075700D7
AREA OF TAKE: 2.75 AC
AREA OF REMAINDER: 16.47 ACRI'S :!:
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SECT/ON 9, TOWNSHIP 50 SOUTH, RANGE 26
COLLlE:R CO UN TY, FLORIDA
PARCEL NO. 126 FEF'
PROPERTY OWNER: c & T PROPERTIES UNLlkllTEP
REFERENCE: O.R. 3283 PG. 5'!S
FOUD NO.: D0407B40009
AREA OF TAKE: 2.75 AC.
AREA 0': REMAINDER: 16,47 ACRES 1::
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EXHIBIT A
Page :> 7 of 7~-'
-- -
Agenda Item ~,o, 10F
October 23, 2007
Page 92 of 110
SECTION 9, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COWER COUNTY, FLORIDA
PARCEL NO. 126 FEE
PROPERTY OWNeR: c & T PROPERTIES UNLIMITED
REFERENCE: O.R. ~2B3 PG, 52+
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EXHiBIT Agenda Item No. 10F
~ 5 Ii' of 7> October 23, 2007
- - Page93of110
SECTION 9, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
LEGAL DESCRIPTION OF PARCEL 126 FEE
A PARCEL OF LAND LYING IN THE SOUTHWEST AND NORTHWEST
QUARTERS OF SECTIOI; 9. TOWNSHIP 50 SOUTH, RANGE 26 EAST.
COLLIER COUNTY. FLOO/IDA. BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS;
BEGINNING AT THE WEiST QUARTER CORNER OF SAID SEcnoN 9;
THENCE SOUTH OO'50'?9" EAST ALONG THE WEST LINE OF THE
SOUTHWEST OUARTEROF SAID SECTION 9 A DISTANCE OF 653.41 FEET
TO AN INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF
COPE LANE:
THENCE SOUTH 89'57'32" EAST ALONG SAID NORTHERLY RIGHT-OF-WAY
LINE A DISTANCE OF oB.B3 FEET:
THENCE LEAVING SAlOl NORTHERLY RIGHT-OF-WAY LINE NORTH 07"21'18"
EAST A DISTANCE OF '207.06 FEET TO THE BEGINNING OF A CURVE
CONCAVE WESTERLY A1'iD HAVING A RAOIUS OF 3,100.00 FEET:
THENCE NORTHERL Y ALONG THE ARC OF SAID CURVE THROUGH A
CENffiAL ANGLE OF oe'20'02" AN ARC OISTANCE OF 450.91 FEET TO
AN INTERSECTION WITH THE NORTH LINE OF THE SOUTHWEST QUARTER
OF SAID SECTION 9:
THENCE NORTH 00'5B'38" weST A DISTANCE OF 685.1B FEET TO AN
INTERSECTION WITH THE NORTHERLY LINE OF A PARCEL OF LAND AS
OESCRIBED IN O.R. 32~3. PAGE 524, PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA;
THENCE SOUTH 89'39'02" WEST ALONG SAiO NOR7HERL Y LINE A
DISTANCE OF 100.01 PEET TO AN lN7ERSECTlON WITH THE WEST UNE OF
THE NORTHWEST OUARTER OF SAID SECTION 9:
THENCE SOUTH 00'58'38" EAST ALONG SAID WEST LINE A DISTANCE OF
686.37 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN
DESCRIBED;
CONTAINING 2.75 ACRES OF LAND. MORE OR LESS:
SUBJECT TO EASEMENrs AND RESTRICTIONS OF' RECORD
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SIXT/ON
TEMPORARY
GONSTRUCTlON EASEMENT
DURATION 3 YEARS.
9,
EXHIB A Agenda Item No, 10F
IT October 23. 2007
Page S; "I of...2::L. Page 94 of 110
TOWNSHIP 50 SOUTH, RANGE 26 EAST
FLORIDA
COLLIER COUNTY,
I P.D.C.
IlESr QUAAm? OORIIlR
SECTION 9; r ~o.s:. R 26 E
PARCEL NO. 126 TeE
PROPERTY OWNER: c &: T PROPERTIES UNllMlTtD
REFERtNCE: D,R J2BJ PC. 525
FOLIO NO,: 004D7S:>OOQ2
AREA OF TAKE: 317 so. FT.
AREA OF REMAINDER: 4.47 ACRES ::!:
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DESCRIPTION: PARCEL 126 TCE . ". ~r:--:I-
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WAY /" GNqU;~~.R~~:N:.i',> 9> 5335
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DR N 'Y: ----.J.61i:~ PR0JECT. N-o.: 05-0081
A NO: 9629-SD?~''''r'lE''NO: 9629
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EXHIBIT A
/ ^@enda Item NO.1 OF
Page~ of7S; October 23.2007
- Page95of110
SECTION 9,
TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLUER COUNTY, FLORIDA
LEGAL DESCRIPTION OF PARCEL 126 TCE
A PARCEL OF LAND UYING IN THE SOUTHWfST QUARTER OF SECTION 9,
TOWNSHIP 50 SOUTH, ,RANGE: 26 E:AST, COLLIER COUNTY, FLORIDA,
BEING MORE: PARTlCU1;ARL Y DESCRIBED AS FOLLOWS;
COMMENCING AT THE ,wEST QUARTER CORNER OF SAIO SECTION 9;
THENCE SOUTH 00'50'31" EAST ALONG THE: !>EST LINE OF THE
SOUTH!>EST QUARTER 'OF SAID SECTION 9 A DISTANCE: OF 654.97 FEn
TO AN INTERSECTION VIITH THE NORTH RIGHT-OF-WAY LINE OF COPE
LANE; THENCE SOUTH: 89'57'32" EAST ALONG SAIO NORTH
RIGHT-OF-WAY LINE /i. OISTANCE OF 38.83 FEn TO THE POINT OF
BEGINNING OF THE PA'RCEL HEREIN BEING DESCRIBED;
THENCE CONTINUING ALONG SAID NORTH RJGHT-OF-WA Y LINE SOUTH
89"57'32" E:AST A DISrANCE: OF 18.83 FEET;
THENCE LEAVING SAID'NORTH RIGHT-OF-WAY LINE NORTH 23'13'46"
WEST A DISTANCE OF 36.70 FEn;
THENCE SOUTH 07"21 '18'" WEST A DISTANCE OF ,33.99 FEET TO AN
INTERSECTION WITH SAID NORTH RIGHT-OF - WA Y LINE ANa THE POINT
OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;
CONTAINING 317 SOUARE FEn OF LAND, MORE DR LESS;
SUBJECT TO EASEMENrTS AND RESTRICTIONS OF RECORD.
TEMPORARY
CONSTRUCTION EASEMENT
DURATION :3 YEARS.
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DESCRIP110N: PARCEL;1Z.6..:TCEI'-.'.'. ._," -;",;-/ ,,_
CLIENT: COLLIER COUNTY TRAN.SW?~r~'. 'ot,k'DIV1..S1Dtil
N'~.J";'" ,.</'
THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY:
4 12 07
FEE SIMPLE
INTEREST
SECTION
9,
PARCEL NO. 127 FFE
PROPERTY OWNER: HiGHLAND PROPF'RTY
OF LEF' & COlLIER
REFERENCE: Q,R. 1DB7 PG. 841
FOLIO NO.: 004Q732000B
AREA OF TAKE; , 57 AC
AREA OF REMAINDER: 8.74 ACRES ::I:
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EXHIBIT A
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SOUTH, RANGE 26
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LEGAL DESCR!?T10N ANO,FS S::W'S~EET.'1 OF l)c'
DESCRIPTiON; PARCEL 12 FEE :',j:'~C)', j:,:
CLIENT: COLLIER COUN TRA \ 9. ;~A; T!.ON,\~DIVISI9.~ ~;'
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OR. 10B7, PG. 841
O.R. 2471, PC, 1768
muo NO. 00407360000
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Page 96 of 110
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DRAWN 8Y:____~.~~!'l~:P.'~.QJEt'T NO.: 05'0081
ACAD NO: 95?9 Sn?7 FILE NO: q6?9
;/
I"EE SIMPLE
INTEREST
EXHIBIT A~n~~da Item 1'<0 10F
~ 62 of "7!: October 23, 2007
- - Page970f110
, ..
SECTION 9, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLliER COUNTY, FLORIDA
LEGAL qE:SCRIPTION OF PARCEL 127 FEE
A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER OF SECTION 9,
TOWNSHIP 50 SOUTH, ,RANGE 26 EAST. COWER COUNTY. FLORIDA,
BEING MORE PARTlCU~ARL Y DESCRIBED AS FOLLOWS;
COMMENCING A T THE WEST OUARTER CORNER OF SAID SECTION 9;
THENCE NORTH 00'58'138" WEST ALONG THE WEST LINE: OF THE
NORTHWEST QUARTER 'OF SAID SECTION 9 A DISTANCE OF 635.25 FEET
TO AN INTERSECTION WITH THE SOUTHERLY LINE OF A PARCEL OF LAND
AS DESCRIBED IN OR. 1087. PAGE 841. PUBLIC RECORDS OF COWER
COUNTY, FLORIDA AND THE POINT OF BEGINNING OF mE PARCEL HEREIN
BEING DESCR/BED;
THENCE CONTINUING NORTH 00'58'38" WEST ALONG SAID WtST LINE A
DISTANCE OF 684.82 PEEr TO AN INTERSECTi'ON WITH THE NQRTHERL Y
LINt OF SAID PARCEL;,
THtNCE NORm 89'26'40" tAST ALONG SAID NORTHERLY LINE A
DISTANCE OF 100.00 !fEn:
THENCE LEAVING SAID ,NORTHERLY LINE SOUTH 00'58'38" EAST A
DISTANCE: OF 685,18 FEET TO AN INTERSECTION WITH SAID SOUTHERLY
LINE;
THENCE SOUTH 89"J9"U12" WEST ALONG SAID $OUTHERL Y LINE A
DISTANCE OF 100.01 PlETT TO THE POINT OF BEGINNING OF THE PARCEL
HEREIN DESCRIBED:
CONTAINING 1.57 ACRe;S OF LAND. MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
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LEGAL DESCRIPTION AIiI'O" SRET.C c'Sf1'J;;EJ'.2 OF! 2
DESCRIPTION: PARCEL 12.7 FEE" ;.0. .r-.... ~
CUENT: COLllt.R COUNT TRAN',SB. '. ", }$N' QIVI;jilqN ;;
8: /:." - !'j ",'::'.9~~"'"~>'> f
NE "D':.,I;l';GNQLI/.R.:S:;M:O' . NO. '5335
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RAWN ay;~"pf{OJEC1 NO.:~
ACAD NO: 9629 SD?7 FILE NO: ~629
THIS LEGAL OESCRIPTJON AND SKETCH PREPARED BY:
TEMPORARY
CONSTRUCTION EASEMENT
DURATION $' YEARS.
EXHIBIT I~enda Item No. 10F
(, ? Qclober 23, 2007
Page~ofl> Page'l8of110
SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST
cOLLlm COUNTY, FLORIDA
PARCEL NO. 128 TeE
PROPERTY OWNER: FF'T SANTA BARBARA II [t C
REFERENCE: OR, ~868 PG. :506
rouo NO.: 0040:>520007
AREA OF TAKE: 640 SQ. FT.
AREA OF REMAINDER: 14.22 ACRES :t
P.O.c.
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LEGAL DESCRiPTION AND SKETCH SIjjJ;:T 1
DESCRIPTION; PARCEL 128 TeE
CLIENT: COLLIER COUNTY TRANSPORT
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9/28 07
OF 3
N DIVISION
BY: //'
/~ D. GNOU. R.S.M. NO. 5335
.=-:fAi{ 1" 100' DATE: FFA 28 v007
of!AWN 8Y:~ PROJECT NO.:~
ACAD NO:Q6?Q SfPi7A FILE NO: qfi29
TEMPORARY
CONSTRUCTION EASEMErJr
5 ~.
AiAl'>nda Item NO.1 OF
EXHIBIT n October 23,2007
Page c; 4- of 7S-Page 99 of 110
SECT/ON 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
PARCEL NO. 12B TeE
PROPE:RTY OWNER: FF'T SANTA BARRARA II LLC
REFERENCE: O.R, JB5B PG, 306
FOLIO NO.: 00402520007
AREA or TAKE: 640 so, fl.
AREA or REMAINDER: 14,22 ACRES :!:
MA TCHLlNE
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LEGAL DESCRIPTION AND SKETCH SH;.g. 2 OF 3
DESCRIPTION: PARCEL 128 TCE y-/'""
CLIENT: COLLIER COUNTY TRANSPOR}:MfDN DIVlSION
BY?~ /(
E D. AGNOLl. R.S.M. NO. 5335
S 1" - 100' DATE: FFA ?R ,7007
AWN BY: -..JA.t1 PROJECT NO. ~
." ACAD NO:9629 SD37 FILE NO: Q629
4
9
EXHIBIT Agenda Item No, 10F
October 23, 2007
Page b<; of 7S:-Page 100 of 110
--
SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
LEGAL DESCRIPTION OF PARCEL 128 TeE
A PARCEL OF LAND L Y!NG IN THE NORTHEAST QUARTER OF SECTION 8.
TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS;
COMMENCING A T THE NORTHEAST CORNER OF SAID SECTION 8;
THENCE SOUTH 00'58'J8" EAST ALONG THE EAST LINE OF THE
NORTHEAST QUARTER OF SAID SECTION 8 A OISTANCE OF 1,369,63
FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF A PARCEL OF
LAND AS DESCRIBED IN Q,R. 3868, PAGE J06. PUBLIC RECORDS OF
COLLIER COUNTY, FLORIOA; THENCE NORTH 89'49'59" WEST ALONG SAID
SQUTHERl Y L!NE A D/STANCE OF 100.02 FEET; THENCE LEAVING SAID
SOUTHERLY LINE NORTH 00'58'38" WEST A DISTANCE OF 15.41 FEET TO
THE PO/NT OF BEGINNING OF THE PARCEL HEREIN SEING DESCRIBED;
THENCE CONTINUING NORTH 00"58'38" WEST A DISTANCE OF 6B.00 FEET;
THENCE SOUTH 67'1.:nr WEST A alSTANCE OF 10.77 FEET;
THENCE SOUTH 00'58'3B" EAST A DISTANCE OF 60.00 FEET;
THENCE SQUTH 69'10'33" EAST A DISTANCE OF 10,77 FEU TO THE
POINT OF BEGINNING OF THE PARCEl HEREiN DESCRIBED;
CONTAINING 640 SQUARE FEET OF LAND, MORE OR LESS;
SUBJECT TO EASEMENTS AND RE.$TRICnON$ OF RECORD.
TEMPORARY
CONSTRUCTION EASEMENT
DURATION:? YEARS.
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I EGAL DESCRIPTION AND SKETCH SHE~OF 3
DESCRIPTION: PARCEL 1281~E //
CLIENT: COLLIER COUNTY TRANSPORTA~ DIVtSIObl
/' /'/
BY: ~! / (
~~Nt" D. AGNOLl, R.S.M. NO. 5335
?~: N.1.5. DATE: FEB. 2B. :.?007
~~~ BY:~ PROJECT NO.:~ I
ACAD NO:~~ FILE NO: 96?9 I
4/12/07
9(28/07
THiS LEGAL DESCRIPTION AND SKETCH PREPARED BY:
FEE SIMPLE
INTEREST
)\genda Item No.1 OF
EXHIBIT /1 October 23.2007
/, Page101of110
Page~of7S-
SECTION 9, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLUER COUNTY, FLORIDA
PARCEL NO. 129 fEE
PROPERTY OWNER: HI~LAND PROf"ERTY OF
LEF &/ CO/ t IrF~ UMi1FD
REFERENCE: O.R. lOR? PC, 841 O.R. '471 PC
FOLIO NO.: 00407360000
AREA OF TAKE: 2.89 AC.
AREA OF REMAINDER: 15.74 ACRES %
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LEGAL DESCRIPTION .~ND SI<ETC' -;SHEET 1 OF 3
DESCRIPTION; PARCEL 129 FeE
CLIENT: COLLIER COUNTY AI~SP~TION DIVISION
ByL //
il~~E"'iP. AGNOll, R.S.M. NO. 5335
/ -
. 1u - 100' DATE: APR. 17\ ?CJ07
N 8Y:~ PROJECT NO.;~
AD NO: 96?Q-SD41 FILE NO: 9679
BY:
92807
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INTEREST
O:::XHIBIT fl
r'lge~ 0f75-
SECTION 9, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
MA TCHLlNE
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PARCEL NO. '29 m:
PROPERTY OWNER: HIGHLAND Pfl()PtlHY OF
LEE & COLUFR L1~lrrD
RtFERENC[: 0,1'1. 1087 PG. 841 OR. 2471 "'G
FQUO NO.: 00407360000
AREA OF TAKE: 2.89 AC,
AREA OF REMAINDER: 15.74 ACRES :t
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I FAWNG WATERS REPLA T
-... PLA T BOOK 19, PGS. 4-7
\IJ! (SANTA BARBARA BOULEVARD RIGHT-or-WAY) I
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DESCRIPTION: PARCEL 129 PEE .//
CLIENT: COLLIER COUNTY", TRANSP~~A.TION DIVISION
~y,/ // .
9/28/07 _'/~:!"E(D. AGNOU, R.S.M_ NO. 5335
__ l,A{v' 1 "" 100' OAT(: APR. 17 ,7007
oR'}l:WN BY:~- PROJECT NO.:~
-- )\CAD NO:QS79-S041A FILE NO: 9679
1/
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EXHIBIT A!1ilnda Item No, 10F
1, October 23, 2007
Page~ o'f7Sf'age 103 of 110
SECTION 9, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COWER COUNTY, FLORIDA
LEGAL DESCRIPTION OF PARCEL 129 FEE
A PARCEL OF LANO L YJNG IN THE NORTHWEST QUARTER OF SECTION 9,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS:
COMMENCING AT THf NORTHWEST CORNER OF SAID SECTION 9:
THENCE SOUTH 00'58'38" EAST ALONG THE EAST LINE OF THE
NORTHWEST QUARTER OF SAID SECTION 9 A DISTANCE OF 75,00 FEET
TO AN INJERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF
DA VIS BOULEVARD AND THE POINT OF BEGINNING OF THE PARCfL
HEREIN BEING DESCR/BED:
THENCE CONTlNUfNG SOUTH 00'58'38" EAST ALONG SAID EAST LINE A
DISTANCE OF 1,294.63 FEET TO AN INTERSECTION WITH THE SOUTHERL Y
LlNf OF A PARCfL OF LAND AS Of SCRIBED IN OR, 1087, PAGf 847
AND OR, 2471, PAGE 7768, PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA;
THfNCE NORTH 89'26'40" EAST ALONG SAID SOUTilERL Y LINE A
DISTANCf OF 100,00 FEET:
THENCE LEA V/NG SAID SOUTHERLY LINE NORTH 00'58"38" WEST A
DISTANCE OF 107.91 FEET;
TilENCE SOUTH 89'07'22" WEST A DISTANCE OF 20,00 FEET:
TilENCE NORTH 00'58'38" WEST A DISTANCE OF 506.24 FEET:
THENCE NORTH 11.57'55" EAST A DISTANCE OF 100.77 FEET;
THENCE NORTH 00'01'22" EAST A DiSTANCE OF 478.30 FEET TO AN
INTERSECTION WITH THE ARC OF A NON-TANGENT CURVE CONCAVE
SOUTilEASTERLY AND WHOSE RADIUS POINT 8EARS SOUTiI 88'47'13"
EAST A DISTANCE OF 97.00 FEET;
TilENCE NORTHEASTERL Y ALONG THE ARC OF SAID NON- TANGENT
CURVE THROUGH A CENTRAL ANGLE OF 88'59'52" AN ARC DISTANCE OF
150,67 FEET;
TilENCE NORTH 00'58'00" WEST A DISTANCE OF 11.48 FEET TO AN
lNJERSECTlON WITH SAID SOUTilERLY RIGHT-OF-WAY LINE;
THENCE SOUTH 89'02'00" WEST ALONG SAID SOUTHERLY RIGHT-OF-WAY
LINE A DISTANCE OF 209.86 FEET TO THE POINT OF BEGINNING OF THE
PARCEL HEREIN DESCR/BED;
CONTAINING 2.89 ACRES OF LAND, MORE OR LESS:
SUBJeCT TO EASEMENTS AND RESTRICTIONS OF ReCORD.
--~,
/./"
LEGAL DESCRIPTION AND SI(ETC~~KEET 3 OF 3
TH!S LEGAL DESCRIPTION AND SKETCH PREPARED BY: OESCRIPllON: PARCEL 129 FEE /
CUENT: COLUER COUNTY TRANSPO ION DIVISION
/
9 26 07
D. AGNOll. R.S.M. NO. 5335
NT S. DATE: APR 17. 2007
8Y:-4At! PROJECT NO.: 05 00B1
A'CAD NO: 967.9 5041 FILE NO: 9679
UNDAGE.-.
PruhnlClll.ll.l eDfW~'" plluu1erS, &: 1I.Dd. ~yorw '0: (_)llH-DDlI
00Dl0r _.,., __, 7.uc1_'IMlI. _KapJ.o, 1L"&tall (_)WI-SUI
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TEMPORARY
CONSTRUCTION EASEMHI1
:6 ~
EXHIBIT;t,genda ItemoNo 10F
c _--Dctober ~3. 2007
pageb1 of75' Page104of110
--
SECTION 9, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
PARCEL NO. 129 TeE
PROPERTY OWNER: HIGHLAND PROPERTY or
LEE &. CO, L1ER LIMITED
REFERENCE: O.R. 1087 PC 841 O.R. 2471 PG.
FOLIO NO.: 00407.J.60000
AREA OF TAKE: 610 sa, fT.
AREA OF REMAINDER: 18.54 ACRES ,j:
I
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T,C,E, TEMPORARY CONSTRUCTION EASEMENT
R.O,W, ~ RIGHT-Or-WAY LEGAL DESCRIPTION A.ND SKETCH SI1EE(1 or 3
THJ5 LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 129 TCE
CLIENT: COLLIER COUNTY )Jf:ANSPO~{6.1lvN DIVISION
i/
BY: / 7' /1'"
~~E/b. AGNOLl, R.S,M. NO. 5335
SCAlE"'- 1" Wi!. DATE: APR. 17, 7007
DRAWN 8Y:~ PROJECT NO.:~
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SECTION 9,
"Agenda Item No, 10F
EXHIBIT it October 23, 2007
Pa 70 -f?$"""Page 10501110
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TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
MA TCHLlNE SEE SHEET 1 OF 3
,
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AREA OF TAKE: 610 so. FT.
AREA OF REMAINDER: 18.54 ACRE!'; :l:
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LEGAL DESCRIPTION ft,ND SKE :E;l'VSHEET 2 OF 3
DESCRIPTION: PARCEL 129 iT'CE ,/
CUENT, COLLIER COU~~ T~TAT~ON DIVISION
~GXNE D. AGNOll. R.S.M. NO. 5335
stALE: 1" =0 100' DATE: APR 17 ,:7007
JfRAWN BY:~ PROJECT NO.:~
'"' ACAD NO: 9679 S04?A FILE NO: 9679
EXHIBIT ;~enda Item No, 10F
JJ.r;tober 23 2007
page...1i.. of 7 ')Page 106 of 110
SECTION 9, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
LEGAL DESCRIPTION OF PARCEL 12S TCE
A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER OF SECTION 9.
TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA,
BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS:
COMMENCING A T THE NORTHWEST CORNER OF SAID SECTION S:
THENCE SOUTH 00'58'38" EAST ALONG THE EAST LINE OF THE
NORTHWEST QUARTER OF SAID SECTION 9 A DISTANCE OF 75.00 FEET
TO AN INTERSECTION W7TH THE SOUTHERL Y RIGHT-OF-WAY LINE OF
VA ~S BOULEVARD: THENCE CONTINUING SOUTH 00'58'38" EAST ALONG
SAID EAST LINE A DISTANCE OF 1,294.63 FEET TO AN INTERSECTION
f>1TH THE SOUTHERL Y LINE OF A PARCEL OF LAND AS DESCRIBED IN
D.R. 1087, PAGE 841 AND OR. 2471, PAGE 1768, PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA: THENCE NORTH 89'26'40" EAST ALONG SAID
SOUTHERLY LINE A DISTANCE OF 100.00 FEET; THENCE LEAVING SAID
SOUTHERL Y LINE NORTH 00"58'38" WEST A DISTANCE OF 27. 14 FEET TO
THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED;
THENCE CONTINUING NORTH 00'58'38" ~ST A DISTANCE OF 65,00 FEET:
THENCE SOUTH 69'10'33" EAST A DISTANCE OF 10.77 FEET;
THENCE SOUTH 00'58'38" EAST A DISTANCE OF 57,00 FEET:
THENCE SOUTH 67"13'17'" WEST A DfSTANCE OF 10.77 FEET TO 7H[
POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED:
CONTAINING 610 SQUARE FEET OF LAND. MORE OR LESS;
SUBJECT TO EASEMENTS AND RE5TRJcnONS OF RECORD.
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DESCRIPTlON: PARCEL 129 TCE /
CLIENT: COLLIER CO T'" TRP-.NSP: RTATlON DIVISION
THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY:
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SCALE: NTS DATE: APR 17'2007
DRAWN 8Y:--J.!A/i PROJECT NO. 05-00Bl
ACAO NO: 967.9-5D47 FILE NO: 9629
,
/ ,
rEE SIMPLE
INTEREST
EXHIBIT A
Page 720175'
--
Agenda Item No, 10F
October 23, 2007
Page 107 of 110
SECTION 8, TOWNSHIP 50 SOUTH, FiANGE 26 EAST
COLlIER COUNTY, FLORIDA
PARCEL NO. 130 FEE
PROPER7Y OWNER: FFT SAN1A BARBARA I
REFERENCE: O.R. 3651 ?G. 2455
FOLIO NO,: 00406600605
AREA OF TAKE: 9.694 sa, FT.
AREA OF REMAINDER: 5.27 ACRES :r
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DESCRIPTION: PARCEL 130 FEE
CLIENT: COLUER COUNTY TRANSPQ rll0N DIVISLON
olOR 8Y~ )
8/21/07 W/>X AGNOU.. R..SJ>'l: NO. 5335
LE: ," - 100' DATE; APR 17 1007
RAWN 8Y:~ PROJECT NO.:05-QQB.1
ACAD NO: 9620-3D40 FILE NO: 96?9
FEe SIMPLE
INTEREST
EXHIBIT A Agenda Item ~'O, 10F
Page 7'3 of 75 October 23, 2007
- - Page 10801110
SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
LEGAL DESCRIPTION OF PARCEL 730 FEE
A PARCEL OF LANO LYING IN THE NORTHEAST QUARTER OF SECTION 8,
TOWNSHIP 50 SOU1H, RANGE 26 EAST, COLLIER COUNTY.. FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING A T THE NORTHEAST CORNER OF SAID SECTION 8;
THENCE SOUTH 00'58'38" EAST ALONG THE EAST LINE OF THE
NORTHEAST OUARTER OF SAID SECTION 8 A DISTANCE OF 75,00 FEET
TO AN INTERSECTION WiTH THE SOUTHERLY RIGHT-OF-WAY LINE OF
DAVIS BOULEVARD: THENCE SOUTH 89"54'14" WEST ALONG SAID
SOUTHERLY RIGHT-OF-WAY LINE: A DISTANCE OF 100.01 FEET TO THE
POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED;
THENCE CONTiNUING SOUTH 89'54'14" WEST ALONG SAID SOUTHERLY
RiGHT-OF-WAY LINE A DISTANCE OF 564.34 FEET;
THENCE LEAVING SAiD SOUTHERLY RIGHT-OF-~(AY UNE SOUTH 71"24'41"
EAST A DISTANCE OF .53.06 FEET;
THENCE NORTH 89'54'14" EAST A DISTANCE OF 461.38 FEET TO AN
INTERSECTiON WITH THE ARC OF A NON- TANGENT CURVE CONCA VE
sou TH WE:STERL Y AND WHOSE RADIUS POINT BEARS SOUTH 09"00'04"
WEST A DiSTANCE OF -98.69 FEET;
THENCE SOUTHEASTERL Y ALONG THE ARC OF SAID NON- TANGENT
CURVE TrlROUGH A CENTRAL ANGLE OF 35014'12" AN ARC DISTANCE OF
60.69 FEET;
THENCE NORTH 00'58'38" WEST A DISTANCE OF 43,86 FEU TO AN
INTERSECTION WlT'r-l SAID SOUTHERLY RIGHT-or-WAY LiNE AND THE
POINT OF B[GINNING OF THE PARCEL HEREIN DESCRIBED;
GONTAINING 9,694 SQUARE FEET OF LAND, MOr?E OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
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LEGAL DESCRIPTI8N ,~ND SKETCH ,SkiFf 2 OF 2
DESCRIP1l0N: PARCEL 130 FEE ~/ ,',
CUENT: COLLIER COU~mANSp~.,-ioN DIV!SION
~/-7' ,/'(,
1% )YA1NE D~ AGNOLL R.S.M. NO. 5335
rs-cA'LE: N T.S DATE: APR 17 2007
/ DRAWN BY,~ PROJECTNO,'~
i-- ACAD NO: 95'9 SD40 FILE NO: 9629
B/21/07
THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY:
EXHIBIT AAaenda Item Ho, 10F
Page 7 4- of i,>October 23,2007
- - Page 10901110
FEE SIMPLE
INTEREST
TOWNSHIP 50 SOUTH, RANGE 26
FLORIDA
EAST
SECTION 8,
COLLIER COUNTY,
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PROPERTY OWNER: BAYSWATER FALLING
WATERS LtC
REFERENCE: O.R. 3069 PG. 2610
FOUO NO.: 00406120005
AREA OF TAKE: 2 DaB so. FT.
AREA OF REMAINDER: 2.57 ACRES :r
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MICHAEL & MARjE THOMPSON
OR. B38, PC. 81
FOLIO NO. 0040404000B
I C & T PROPERTIES UNUMITED
I O.R. 3283, PC. 525
FOLIO NO. 00407520002
(TRACT 39, ENCHANTED ACRES)
t (LESS S. JO' AND E. 30')
~.-----;7
SK;crCH/SHEET 1 OF 2
8
,
~
R,O,W, RIGHT-OF-WAY
P,O,C, POINT OF COMMENCMENT
P,O,B, POINT OF BEGINNING
THIS LEGAL DESCRrPTlON AND SKETCH PREPARED BY:
LEGAL
DESCRIPTION: PARCEL
CLIENT: COLLIER COU
/
c
~BER &:
. BRUNDAGE'lI<c.
Prole-Alolnu ItIlIlllee-n, puuUlen. &: Ie-Ild SUT'V1:'yora '.u, (""glfl""-l!l!OlI
c..w.. C.....1;Fl ...... "'.. ?_ T_ 1'1"olI. tl...-u.: "&1>1... n. ",1>1I (DIII"n-a"~
1.- e..w.or- _ c-..'" lOoou. SIllt.o JU; _I.. lIP........ ... :kl"" (''''"')<In'-ul1
c_.. oor~"II... UI......_..'O.... ,U, (l!Sg~..--"....
9/27/07
'NE D. AGNOU, R.S.M. NO. 5335
1~ = Rn' DATE: APR 17 "007
RAWN BY:~ PROJECT NO:~
ACAO NO: 9679 SD4~ FILE NO: 9679
FEE SIMPLE
INTEREST
EXHIBIT ~enda Item No. 10F
P October 23, 2007
age~ of 75'Page 110 of 110
SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
LEGAL DESCRIPTION OF PARCEL 132 FEE
A PARCEL OF LAND u'iNG IN THE SOUTHEAST QUARTER OF SECT/ON 8,
TOWNSHiP 50 SOUTH, RANGE 26 EAST. COLLfER COUNTY, rLORfDA.
BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS:
COMMENCING A T THE EAST QUARTER CORNER OF SAID SECTION 8;
THENCE SOUTH OO"58'38N EAST ALONG THE EAST LINE OF SAID SECTION
8 A DISTANCE OF 1_55 FEET; THENCE CONTINUING ALONG SAID EAST
LINE SOUTH 00'50'29" EAST A DISTANCE OF 340,94 FEET TO AN
INTERSECTION WITH THE SOUTHERLY LINE OF A PARCEL OF LAND AS
DESCRIBED IN O.R. 3069, PAGE 2610, PUBLIC RECORDS OF COLLIER
COUNTY, FLORIfJA; THENCE NORTH 89"25'43" WEST ALONG SAID
SOUTHERLY LINE A DISTANCE OF 100.03 FEET TO THE POINT or
BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED;
THENCE CONTINUING ALONG SAiD SOUTHERL Y LiNE NORTH 89'25'43"
lIVEST A DISTANCE OF 18.94 FEET TO AN INTfRSEcnON IMTH THE ARC
OF A NON-TANGENT CURVE CONCAVE WESTERLY AND WHOSE RADIUS
POINT BEARS NORTH 84.17'22" WEST A DISTANCE OF 2,900.00 FEET;
THENCf LEAVING SAID SOUTHERLY LINE NORTHERLY ALONG THE ARC OF
SAID NON- TANGENT CURVE THROUGH A CENTRAL ANGLE OF 06"24'50"
AN ARC DiSTANce OF 324.64 FEET;
THENCE SOUTH 00"50.29" EAST A D}$TANCE OF 324.38 FEET TO AN
INTERSECTiON WITH SAID SOUTHERL Y LINE AND THE POINT OF BEGINNING
OF THE PARCEL HEREIN DESCRIBCD:
CONTAINING 2,088 SQUARE FEET OF LMJD, MORE OR LESS;
SUBJECT TO EASEMENTS AND RfSTRICTlON$ OF RECORD.
....Jt3
:::: GNOIJ
.....
.....
..... :ARDER &
......13
......
...... RUNDAGE.-.
Prot...uonai. "'nam...... ps.=...... &: ....n<l Burv..yonr ,.~ (%S~,"'-"G3
c._ e-...,.,........ "oo.~.o.o T.....oml 1>-.... N....; Ho.~"""' :u,g8 (z:!~)li<II7-.1l1
t.o eo....\rt IHD .:-0"". -. .lII.. I~S. ....... ~. n ....l~ (lI:I~)'.7_.1l1
c.nw..1e '" AUIhoilri.._ H..... Ul _ ...... U "'D' '''''' (2allj.U'_%7~.
LEGAL DESCRiPTION^NG SKETC.I*/SHRT 2 OF 2
DESCRIPTION: PARCEL 132 FEE / /"
CLIENT: COLUER COUNTY TRANSPOl)~'[Y10N DIVISION
BYI.. /,1,
/*A ):'NE D. ~NOLl, R.$.M. NO. 5335
JiC.rt-:: N T.S DATE: APR 17 7007
:..Bf<AWN BY;~ PROJECT NO:~
/ ACAD NO: 9629-sn43 FILE NO: 965'9
9/27/07
THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY:
Agenda Item No, 10G
October 23, 2007
Page 1 of 10
EXECUTIVE SUMMARY
Recommendation to accept Fiscal Year 2007 Grant Report providing an annual
update of grant activity.
OBJECTIVE: To receive acceptance of a report providing an annual update of grant activity for
Fiscal Year 2007 from the Board of County Commissioners,
CONSIDERATIONS: Collier County continues to pro-actively pursue grants as an alternative
source of funding to provide services and to support new and existing initiatives, Both the County
Manager and the Grants Coordination Office have committed to providing updates to the Board of
County Commissioners, on an annual basis at a minimum, on the successes and accomplishments
of grant activity,
As evidenced in the attached report, each Division endeavors to seek grants to support the
projects and programs of the County, As such, each Division and many departments have skilled
staff working hard and attending training to produce quality grant proposals,
In all, 100 grants were submitted and we were successful with 87,5% of the proposals for a total
award amount of $56 million, There are currently 12 proposals pending with grantors and, if
awarded, will yield another $3,8 million, For comparison purposes, in FY 06, Collier County
submitted 124 grants for a total request of $52,3 million and we were successful with 83% of the
proposals, In FY 05, 96 grants were submitted for a total request of $52 million and we were
successful with 87% of the proposals,
~
Although the number of programs and the amount of funding available to us varies from year to
year, and depends quite a bit on availability of funding for grant programs and the state and federal
level, we are fairly consistent with our efforts to secure outside funding and with our success rate,
As more and more employees receive training and we enhance our grant writing services, the
number of successful awards will increase,
It is also worth noting that our Constitutional Officers are also very successful with their grant
efforts, In FY 07, the Sheriffs Office reported $10,7 million in grant funding,
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary,
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan as a
result of this Executive Summary,
RECOMMENDATION: That the Board of County Commissioners accepts Fiscal Year 2007 Grant
Report providing an annual update of grant activity,
PREPARED BY: Marlene Foord, Collier County Grant Coordinator, Administrative Services
Division
~
rage.: 1 UJ J
Agenda Item No, 108
October 23, 2007
Page 2 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
10G
Item Summary:
Recommendation to accept Fiscal Year 2007 Grant Report providing an annual update of
grant activity. (Marlene Foord, Grants Coordinator.)
10/23/20079:00:00 AM
Meeting Date:
Prepared By
Marlene J. Foard
Grants Coordinator
Date
Administrative Services
Administrative Services Admin.
10/9/20073:52:30 PM
Approved By
Skip Camp, C.F.M.
Facilities Management Director
Date
Administrative Services
Facilities Management
10/10/20072:56 PM
Approved By
OMS Coordinator
Applications Analyst
Date
Administrative Services
Information Technolo~JY
10/11/20072:33 PM
Approved By
Laura Davisson
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
10/12/200711:33 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
OFfice of Management & Budget
10/14/200710:47 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
10/15f2007 9:50 AM
~
Grant Coordination
Administrative Services Division
ma rlen efoo rd !aico II ic rl! ov, n ct
(239) 774-8971
(239) 774-8720 (fax)
Agenda Item No, 10G
October 23,2007
Page 3 of 10
TO:
THROUGH:
Jim Mudd, County Manager
Len Price, Administrator, Administrative Services Division
FROM:
Marlene Foard, Grants Coordinator
DATE:
October 9, 2007
SUBJECT:
FY 07 Grant Report
Collier County continues to pro-actively pursue grants as an alternative source of funding to provide our
services and support new and existing initiatives, The purpose of this memo is to provide you with the annual
update of grant activity for Fiscal Year 2007,
In FY 2007, each Division contributed to the grants effort and grant applications were submitted by almost
every department and executive office, Several Constitutional Officers also submitted and received grants as
noted at the end of this report, Funds were sought for capital projects, such as taxiway construction, road
construction, stann water management, library construction, public utilities projects and construction of the new
emergency operations center; for housing, human services and heatth programs; for natural resource initiatives
such as derelict vessel and exotics removal, sea turtle education and land conservation; as well as for equipmcnt
and materials needed for emergency services, resource mapping, and library services, There are few areas of
local government programming or service that did not attempt to secure grant funding last year,
In all, lOa grants were submitted and we were successful with 87,5% of the proposals for a total award amount
of $56 million, There are currently 12 proposals pending with grantors and, if awarded, will yield another $3,8
million, For comparison purposes, in FY 06, Collier County submitted 124 grants for a total request of $52.3
million and we were successful with 83% of the proposals, In FY 05, 96 grants were submitted for a total
request of$52 million and we were successful with 87% of the proposals,
Although the number of programs and the amount of funding available 10 us varies from year to year, and
depends quite a bit on availability of funding for grant programs and the state and federal level, we are fairly
consistent with our efforts to secure outside funding and with our success rate, As more and more employees
receive training and we enhance our grant \\-Tiling services, the number of successful awards will increase.
Below is a table summarizing the attached spreadsheet:
Status (A!!encv-Wide) Grant Award Match Amount* Other Match* Total Amount
Total A warded $ 56,031,206 $ 88,827.252 $ 7.394.435 $ 152,25",892
Total Pending $ 3,798,719 $ 1,539,215 $ 20,000 $ 5,357,934
Total Not Awarded $ ],40 1,205 $ 825,664 $ 348,00 I $ 2,574,869
Total Withdrawn" $ 199,717 $ 66,573 $ - $ 266.290
*Match amount also includes balance of project cost, including budgeted amount for capital projects; therefore total
appears high; average required local match is 50%, may range anywhere from $0 to ] 00% match requirement and may be
cash or in-kind or a combination of both.
**Projects occasionally need to be cancelled if there are changes in local probTfamming or scheduling delays.
Please let me know if you have any questions or would like additional infonnation or summaries of the attached,
We have prepared the report for the October 23,2007 Board of County Commissioners meeting and have placed
it into Novus, but can make modifications if necessary,
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Agenda Item No, 10H
October 23, 2007
Page 1 of 137
EXECUTIVE SUMMARY
Recommendation to: (a) award the contract for RFP #07-4138 ("Reclamation of Collier Connty
Landfill Cells 1 and 2") to Waste Management Inc, of Florida ("WMIF") for a contract amount of
$7,597,900,82; base proposal of $5,910,460,82 and allowances of $1,687,440,; (b) approve a
necessary budget amendment for the project in the amount of $6,232,067,06 from the Capital
Improvement Fund and Reserves for Closnre Fund: and (c) authorize the Chairman to execute the
contract with WMIF.
OBJECTIVE: The public purpose of this project is to extend the life of the Collier County Landfill and
to comply with the Landfill Operation Agreement ("LOA") with WMIF which requires Collier County to
pay for the reclamation of Cells] and 2,
CONSIDERATIONS: The County's Solid Waste Management Department is responsible for ensuring
that the Collier County Landfill ("Landfill") has sufficient capacity available for the disposal of the
County's solid waste, Accordingly, the Department has prepared an Integrated Solid Waste Management
Strategy ("Strategy"), which has been reviewed and approved by the Board, The Strategy requires the
Department to maximize and optimize its use of the County's existing assets, including the Landfill, As
part of the Strategy, the County will reclaim two old, unlined disposal areas (1.e" Cells 1 and 2) at the
Landfill and then build new, lined disposal areas where Cells 1 and 2 had been located, In this manner,
the County will provide additional disposal capacity at the Landfill, with better environmental safeguards,
The County filled Cells 1 and 2 with solid waste between 1976 and 1979, Thereafter, the County closed
the two cells and covered them with a soil cap, Cells I and 2 cover approximately 32 acres,
Approximately 10 acres were "mined" successfully by the County in 2001. Approximately 22 acres still
need to be reclaimed before the new, lined disposal areas can be built where Cells I and 2 are located,
In 2004, the County hired Professional Services, Inc, ("PSI"), to conduct a site characterization study of
Cells I and 2, PSI concluded that approximately 50% of the material buried in Cells I and 2 is soil and
approximately 50% is municipal solid waste (i,e" household and commercial refuse), In 2005, PSI
prepared a draft reclamation plan for Cells 1 and 2, The draft reclamation plan has been revised and
refined by the Staff and its engineer, the URS Corporation ("URS"), The final reclamation plan will be
prepared by WMlF and subsequently reviewed and approved by the Florida Department of Environment
Protection before the reclamation project begins,
The reclamation plan is designed to recover and reuse the material in Cells 1 and 2 in an environmentally-
sound, cost-effective manner. The solid waste will be excavated and then processed in a mechanical
screen which turns and separates the soil from the excavated solid materials, The soil will be used as
cover material at the Landfill. The other excavated materials will be inspected and segregated, Large
pieces of metal, plastic, and concrete will be removed for recycling, Waste tires and large pieces of
wallboard will be taken otT-site for disposal, The remaining matcrials will be disposed of on-site at the
County's Landfill,
,-
The County has a Landfill Operating Agreement ("LOA") with WMIF that governs the day to day
operation of the Landfill, The LOA provides that: (a) the County is responsible for the reclamation of
Cells] and 2; (b) the County must reimburse WM1P if additional equipment or personnel at the Landfill
to manage the solid waste excavated trom Cells I and 2 and delivered to the Landfill for disposal; (c)
WMIP is responsible for placing fill material in the excavation that will be created when the solid waste
and contaminated soil are removed from Cells 1 and 2; and (d) WMIF is responsible for constructing the
new, lined disposal areas that will be built in Cells I and 2 after the reclamation project is completed,
Ion
Agenda Item No, 10H
October 23, 2007
Page 2 of 137
Since the County is responsible for the reclamation of Cells ] and 2, the County issued a Request for
Proposals (RFP #07-4138) for this project in February 2007, FOliy RFP packages were requested by
potential vendors, Thirteen potential vendors attended a mandatory pre-proposal conference and site
visit. WMIF was the only vendor to submit a proposal in response to the RFP, The Selection Committee
reviewed WMIF's proposal and concluded that WMIF was qualified to provide the required services,
Staff and WMIF have negotiated a contract price of $7,597,900,82; $5,910,460,82 for WM]F's "base
proposal", with an additional amount of $1,687,440 in specific allowances for contingencies, The base
proposal was negotiated on an estimated excavated amount of 400,000 cubic yards (CY) at multiple unit
rates, ]f the actual amount excavated is less than the estimated quantity the base cost will be reduced,
However if the actual amount excavated exceeds the estimated quantity, that difference will be paid for
out of the allowance, Allowance 1 of $878,000 will be used to pay for any unknown or unforeseen
conditions that are encountered at the site, Unforeseen conditions include but are not limited to (a) the
amount of solid waste and contaminated soil that must be excavated from Cells 1 and 2; (b) the amount of
leachate and contaminated liquid that must be pumped fi'OITI the cxcavation and treated, either at the
County's wastewater treatment plant or another facility located outside Collier County; (c) the potential
for hazardous waste to be present in Cells] and 2; and (d) the potential for unusually odorous materials to
be present, thus necessitating the use of extraordinary odor control measures, Allowance 2 of $809,440
will be used to reimburse WMIF, in accordance with the LOA, if additional equipment and personnel are
needed at the Landfill to manage the solid waste that is excavated from Cells] and 2,
The allowances are necessary because the contract amount is based on certain assumptions about the
conditions that will be encountered when performing the work in Cells 1 and 2, Many of these
assumptions were derived from the PSI reports about the quantity and characteristics of the materials in
Cells 1 and 2, It is not feasible to determine in advance whether all of these assumptions are correct. The
Staff, URS, and WM1F have attempted to address the most likely risks and uncertainties in a reasonable,
prudent manner, but the actual cost of completing the reclamation project will depend on many variables
that afe beyond the parties' control, including the weather. These variables may also affect the duration
of the project, which is contracted to be two years or less, Any changes to the contract, including any re-
allocation of allowance funds, will be done in compliance with the County Purchasing Policy and
Administrative Procedures in effect at the time such modifications are authorized,
The total cost of this project is $7,887,440, This is sufficient funds to cover the base contract amount of
$5,910,460,82 and allowances of $] ,687,440, The remaining budget ($289,539,18) will cover the
engineering, inspection and survey services that will he required for this project. The total amount of
WM1F base proposal and the allowances ($7,597,900,82) is about one-half of the amount PSI estimated
to complete the reclamation project ($15,000,000), URS has reviewed WMIF's proposal and concluded
that WMlF's proposed costs are fair and reasonable, URS also has evaluated the risks and uncertainties
that may affect the cost of this project and recommends that the hase price and allowance appropriately
address these issues,
URS and the County's outside legal counsel (David S, Dee) have assisted with the preparation of the
contract (I,e" the Agreement for Landfill Reclamation Project) between the County and WMlF, This
contract establishes the requirements that must be followed by WMlF when it performs the reclamation
project.
2 on
Agenda Item No, 10H
October 23,2007
Page 3 of 137
FISCAL IMPACT: The total budget for this project is $7,887,440, Funds are available in the Solid
Waste Management Fund (474 Capital Improvements) and the Reserve for Landfill Closure Fund (Fund
471), A budget amendment in the amount of $4,544,627,06 from Fund 474 is necessary to fund the
reclamation of Cells I and 2, The budget amendment will be accomplished by consolidating funds from
the following Solid Waste Capital Projects to Project 590061 (Collier County Landfill Cells] and 2
Reclamation Project):
590021 Solid Waste Single Stream--$163,200
590031 Construct Recycling and Hazardous Collections Centers--$1,431,427,06;
590041 Landfill Gas to Energy--$I ,900,000
590051 Landtill Scalchouse Center--$250,000
590071 Solid Waste Park--$800,000,
Additional budget amendments, in the amount of $] ,687,440,00 will be transferred from the Reserve for
Landfill Closure Fund (Fund 471), The $6,232,067,06 transferred to project 59006 is needed to
supplement the existing budget of $1,655,372,94 available in the Solid Waste Management Fund (474
Capital Improvements), These budget amendments will provide the appropriate funding in project 59006
for the contract amount of $7,597,900,82 and also provide funds for engineering, inspection and survey
services ($289,539.1 8) that will be required for this project
GROWTH MANAGEMENT PLAN: The reclamation of Cells I and 2 is in compliance with the
County's Growth Management Plan, The Solid Waste sub-elements of the Plan promote measures that
will maximize the airspace (capacity) available at the LandfilL The reclamation project also implements
the Integrated Solid Waste Management Strategy that was approved by the Board on December 5, 2006,
The reclamation project is essential to the County's goal of developing new disposal areas at the Landfill
to meet the County's long term Solid Waste disposal needs, This project also provides concurrency with
the Solid Waste Management Departmcnt's AUIR Level of Service Standard,
RECOMMENDATION: Recommendation to: (a) award the contract for RFP #07-4138 ("Reclamation
of Collier County Landfill Cells I and 2") to Waste Management Inc, of Florida ("WMIF"), with a
contract amount of $7,597,900,82; Base proposal of $5,910,460,82 and allowances of $1,687,440,; (b)
approve a budget amendment for the project in the amount of $6,232,067,06 from the Capital
Improvement Fund and Reserves for Closure Fund; and (c) authorize the Chainnan to execute the
contract with WMIF
PREPARED BY: Dayne Atkinson, Project Manager, Public Utilities Engineering Department.
30f3
Item Number:
Item Summary:
Meeting Date:
Agenda Item NO.1 OH
October 23, 2007
Page 4 of 137
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10H
Tllis item to be heard at 10:00 a.m.Recolllmendation to (a) award Ihe contract for RFP #07-
4138 (Reclamation of Collier County landfill Cells 1 and 2) to Waste Managementlnc of
Florida (WMIF) fora conlracl amount of $7,597,900.82; Base pro posal of$5,910,460.82 and
allowances of$1,687,440. (b) approve anacessary budgetamendmen tforlhe project in the
anlO\lIlt of $6,232,067.06 from the Capital Improvement Fund and Reserves lor Closure
Fund; and (c) authorize the Chairman to execute the contract with WMIF. (Dan Rodriguez,
Solid Wflste Director,)
10123120079:00:00AM
Date
Prepllretl By
DayneAlklnson
PubliclJliiities
P!ojectManager
PUllllcUlIlllies Enginnering
4117/20071:34:58 PM
Puhlic Utililies Engineering Director
Date
Approved By
Roy B.Anderson, P.E.
Public lJtllili~!;
PUllllc UlllIlIes Engineering
10111120n72:18PM
Date
AI'provetl By
William D. MUllin, PE
PuhUc Utilities
Principal ProJect Manager
Publlc Ut,lIiU<>s Engll1l>erin9
10112120078:46 AM
l(elseyWard
Contract Admlnistrallol1 Mallager
Date
Approvetl8y
ArlmlnlstrativeServlces
PlIrcllllSI119
10/121200711:14AM
Ajl[lI"o\'ed Hy
Kelsey Ward
A{lmllltstrative Servlr.~s
ContraclAdll1lnislralionManager
Date
P"rrhasing
10/121200711:14AM
Assislanl Coullty Attorney
Date
Approvetl Hy
RobertNZachary
COllntyMlorney
C""1llyAtI"rney Office
101121200711:42 AM
ContrllclSpecillllst
Date
AI1IJrovetl By
Dianna Perryman
AclminislrativeServlcl's
PLlrchaslng
101121200711:52AM
Utility Billing Director
Date
Appnl\'ed By
JollnA. Yonkosky
Puf:>1ic Ufiliti('s
URGS
10IU1200712:45PM
Operations S,rpervisor
Date
Approved By
Joseph Bellone
Public Ulilit!es
PllhllcU!tlllles Opernllolls
10/121200712:53 PM
Date
Allproved Hy
Danl",1 R. Rodriguez:, M.B.A. Solid Waste Director
10/12/20071:51 PM
Approvetl By
Public Utilities Solid Waste
JamesW.Delony
P'lblic Utililll!sAdminlstrator
Dale
POlllI, Ulilili('s
PI,hllc U\iIHI('sAflmlnistratlon
101151200710:08 AM
^I'IIfOH't1 By
OMS Coordinator
A<fmlni~I"allveS"rvlc"s
Applications Anatyst
Date
hlformatlonTechnolooy
10f151200711:10AM
Senior ManagernenllBudget Al1alyst
Dale
Allprovetl Hy
Susan Usher
County Manaqer's Office
Clffln>ofManagemet1t& Sudget
1n115120013:03PM
MallagementlSudgetAnalyst
Dale
Approvetl8y
Randy Greenwald
County M.11lager's OHke
Office of ManBg'-!ment 8. Smtgel
10116120079:43 AM
AI'IJrOvetl8y
Michael Smykowski
County Manager's Office
Page 2 012
Agenda Item No. 10H
October 23, 2007
Page 5 of 137
Management & Budget Director
Date
Office of Management & Budget
10/16/20074:10 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10f16/2007 5:27 PM
Agenda Item No, 10H
October 23, 2007
Page 6 of 137
Contract # 07-4138
"Reclamation of Collier County Landfill Cells 1 and 2"
Project # 59006
Agreement for Landfill Reclamation Project
Between
Collier County, Florida
And
Waste Management Inc. of Florida
(Dated October
, 2007)
SECTION I:
SECTION 2:
2,1
2.2
2.3
2,4
2,5
SECTION 3:
3,1
3.2
33
3A
3.5
3,6
3,7
3,8
3,9
3,10
3,11
3,12
3,13
3,14
SECTION 4:
SECTION 5:
5,1
5,2
5.3
5,4
5,5
5,6
5,7
5,8
5,9
5,10
5,11
SECTION 6:
SECTION 7:
7,1
7.2
SECTION 8:
SECTION 9:
Agenda Item No, 10H
October 23, 2007
Page 7 of 137
Agreement for Landfill Reclamation Project
Table of Contents
OVERVIEW OF THE AGREEMENT "'"''''''''''''''''''''''''''',''''''''''''''' I
ACTIVlTlES PRIOR TO COMMENCEMENT ""... """,,,...,,,,, "" " " " 2
Pre-Construction Submittals by Contractor"......""...",,,,,...,,,,,,,,,,,,,,,,, 2
The Progress Schedule ,,",,""'"''''''''''''''''''''''''''''''''''''''''','',,''''''''''''' 2
Mining Plan ""'''''''' ""'''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''' 2
Notice to Proceed" ''''''''''''''''''''''''''''''', ",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,3
Pre-Construction Meeting ", '"'''''' """ '''' ,,,.. ......,..,..,,, """....,3
CONDUCTING THE WORK """"" " ,,,,,...,,,,,,,... " " " """ " " " " "" "'"'' 3
Minimum Requirements"",,, '"'' '"'''''''''''''''''''''' '"'''''''''''''''''''''''' '''''' 3
Prohibitions,,, '''''''''''''''''''''''''''''''', ""',"'"'''''''''' '''''''''''''' '"'''' '" ''''''', 4
Regulatory Compliance and Citations """",..."""",......"""""",,,,,,,,,, 4
Contractor's Personnel, Equipment, and Supervision""""...""",,,...,,,, 4
Subcontractors""", '"'''''''''''''''''''''''''',',,''',',''''''''''' '"'''''''''''''''''''''''' 5
Permits and Licenses..""..."",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,...,,,,,,,,,,,,,,,, 5
Taxes, Charges and Levies """",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,...,,,,...,,,,,,,,,,,,,,, 6
Site Investigation and Utilities""""",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,...,,,,,,,...,,,,, 6
Extensions to Progress Schedule ''','' ""..."..."... " '" " " " " '" '" '''''''''''' '" 6
Changes in the Work and Change Orders "'''''''' "''''''''''''''''''''''''''''''" 7
Claims and Disputes""", '"'' '''''''''',','''''' '"'' '" '''''''''''' '"'''''''''''''''''''''' 8
Protection of Work"",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 8
Emergencies""",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ''''''''''''''''''''',',' 8
Safety"" '''''''''''''''''''''''''''''''' '"''''''''''''''''''''''''''''''''''''''''''''','',,''''''''' 9
COMPLETION OF PROJECT"""""",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,""",9
PA YMENTS FOR COMPLETED WORK.."""..."",,,,,,,,,,,,,,,,,,,,,,,,,,, 9
Contract Fee"",,,,,,"""'"'''''''''''''''''''''''''''''''''''''''''''''''''''''''''' '"'''''''' 9
Method of Calculating Contract Fee "''','' ,,,...,,... "...""...""""..." , "" '" 10
Procedure For Payment of Contract Fee ""'"'''''''' """'"''''''''''''',,''''''' 10
Limits On County Payments,,,...,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,......,,,, 11
Adjustments to Contract Fees "",,,,,,,,,,,,...,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, II
Adjustments to Contract Fees for Unforeseen Conditions ,,,...,,,,......,,,, 12
Payment of Contractor's Utilities Bills ""'" ",..,,,,,,,,,,,,..,,,...,,,,,,,,,,,,,,,, 12
Payment of Disposal Fees "...""",,,,,,,,,,,,,,,,,,,,,,,,, "'"'''''''''''''''''''''''''' 13
Payment for Odor ControL""",,,,,..,,,,,,,,,,,,...,,,,......,,,..,,,,,,,,,,,,,,,,,,,,,,, 13
Reimbursement Under Landfill Operating Agreement..""",,,,,,,,, "" 14
Final Payment for Project..,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,......,,,,...,,,,,,...,,,,,,, 15
PA YMENTS WITHHELD FROM CONTRACTOR"""",,,,,,,,,,,,,,,,,,, 16
LIQUIDATED DAMAGES """""'''''''''''''''''''''''''''''''''''''''''''''''''''''' 16
Procedure for Assessing Liquated Damages "",,,,,,...,,...,,,,...,,,,,,,,,...,,, 17
Grounds for Assessing Liquated Damages..."...",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 17
TERM """""""'" """""""",""'"'''''' '''''''','',,'''' """"""'" """"",.."", 19
DELAYS OR NON-PERFORMANCE
DUE TO FORCE MAJEURE "...",,,,,,,,,,...,,,,,,,,,,,,,,...,,,,,,,..,,....,...,,,, 19
SECTION 10:
10,1
10,2
10.3
10.4
10,5
SECTION II:
SECTION 12:
SECTION 13:
SECTION 14:
14,1
14,2
14.3
14.4
14,5
14,6
14,7
]4,8
14,9
14,10
SECTIONI5:
SECTION 16:
SECTION 17:
SECTION 18:
SECTION 19:
19,1
19,2
19.3
SECTION 20:
SECTION 21:
SECTION 22:
SECTION 23:
SECTION 24:
SECTION 25:
SECTION 26:
SECTION 27:
SECTION 28:
SECTION 29:
SECTION 30:
SECTION 31:
SECTION 32:
SECTION 33:
SECTION 34:
SECTION 35
Agenda Item No, 10H
October 23, 2007
P~!:l&:&Qj'f 137
BREACH AND TERMINATION OF AGREEMENT ",,,,,,,,,,,,,,,,..,,,,20
Failure to Fulfill Obligations of Agreement """","'...."'" ", "" """ " '" " 20
Insolvency of Contractor "'"'''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''' 21
Suspension of Work "",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 22
Insufficient Funds "'"''''''''''''''''''''''''',''''''''''''',''''''''''''''''''''',',,''''''''' 22
Damages"" '" '''''''"','',, ,,,",""""" '"'' "'''''''''''''''''' '" ""'''''''''''' '''''''''', 22
OPERATIONS DURING DISPUTE..,,,,,,,,..,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 22
DISPUTE RESOLUTION PROCESS """""""",,,"',,"'..,,,,,,,,,,,,,,,"'.. 23
INDEMNIFICATION AND HOLD HARMLESS ..""'"""'",,,"',,,....,26
CONTRACTOR'S INSURANCE ....,,,..,..,,,,,,..,,,,,"',,,,,,,,......,,,..,,,..,,, 27
Commercial General Liability,,,,,,,,....,,,....,,,,,,,,,,,..,,,,"'....,,......,,,,,,,,,, 27
Business Automobile Liability"""""""'""""......""""""",............",, 27
Pollution Liability """,,,,,"..,,'....,..,....,....,..,..,,,,,,,,,,,,,,,,,,,..,,,,,,,..,,,..,,, 27
Excess Liability.... ,..""....",..",....,....".. ,.. ,,,.. ",.. '"'' ,,,,...... ,,,,,.. '''" ,,,"" 27
Worker's Compensation Insurance & Employers Liability",..""......,,, 28
Additional Insured Endorsements..",..,,,..,,,,,,,,..,,....,,,..,,,,,,,,,..,,,,,..,..,, 28
Waiver of Subrogation ..",....,,,,,....,,,..,,,..,,,,,,,,,,,,....'....,....,,,,,,,,,,,,,,,,,, 28
Certificate(s) of Insurance ,,,,,,,,,,,,,,,,,,,'..",,,,..,,,,,....,..,,,,,,,,,,,,,,,,,,,,,,,,, 28
Deductibles or Self-insured Retentions,,,......"'.."'''',,,,,,......,,,,'''..,,,,,,, 29
Right to Revise or RejecL",,,,,,, ,,,'"'''' " '" ,,,......,,"',,,..,,,,"......,,,,,,.. '" 29
PERFORMANCE BOND ,....,...."",..,....,,,,"....,,,,....,,,,,....,,,,,,,,,,,,,...., 29
ASSIGNMENT OF AGREEMENT .... ,,"',,"'........ ",.. """ "" "'''''.., ".., 30
TRANSFER OF AGREEMENT """"'"",,,,,,..,,,,..,,,,,,,,,"'..,,....,......,,,30
SUBSEQUENT COUNTY ORDINANCES""..""",,,"',,,,,,........,,,,,,,, 30
AMENDMENTS TO THE AGREEMENT .. ,,,,,,......,,,,,, " "'".. ,,,......,,, 30
General Requirements "",..,,,..,,,,,,,,,,,,,,,,,,,,,,,,,..,....,......,,,,,,,,,'..'....,..,, 31
County Power to Amend Agreement ,,,,,,,..,,,,,,,,,....,,,,..,,,,......"',,,,,,,,,, 31
Amendments Due to Change in Law,,,,,,,,,,,,,,,,,,,,,,,,,..,,,,,,,..,,,,,,,,,,,,,,, 31
WAIVER OF RIGHTS ,....".."....,....,,,....,,,..,,"',,,,,,..,,..,......,,,,,,,,,"',,, 31
GOVERNING LAW AND VENUE....'",..,.."'"""',"....".." '""'..""',,, 32
COMPLIANCE WITH LAWS AND REGULATIONS "",....",..""....32
EQUAL OPPORTUNITY EMPLOYMENT ",,,....,,,,,, " "',,"',,'........,.. 32
AGREEMENT DOCUMENTS """",,,,,..,,,,,,,,,,,,.., "......,,,,,,,,,,,,,,,,,.... 32
ALL PRIOR AGREEMENTS SUPERSEDED..""...."....",,,,,,,,,,,,,,,,,, 33
WARRANTIES BY THE PARTIES ..""'..",,.... "',,".. ,.... '"'' ,,,"" " '''''' 33
HEAD I NGS """"""..",..",.."""",,,,,, '",''' ,,,,,,,,,..,..,,.. ,...."",,,,, ,,,,,'..,.. 34
INTERPRET A T10N OF AGREEMENT ,........""......",,,,,..,,,,,,....,,,,,, 34
SURVIVABILITY OF AGREEMENT "'".. "".. ,...... ,,,...., " " ,,,,,,,....,,.. 34
SEVERABILITY OF AGREEMENT "'''"..,,''''',..,,'''' ,,,,,,..,,,,,,,,,..,,,.. 34
FAIR DEALING ,'..'",....,......,....""" "..",,,,,,,,,,,,,'....,....,,,,,,,,,,,,,,,'..".. 35
SOVEREI GN IMMUNITy......,,,,,,,,,,,,,,,,..,,,,,,,,....,....,,..,,,,,,,,,,,,,,,,,,,, 35
REMEDIES NOT EXCLUSIVE ""'.."".."......,,,..,,,,,,..,,"'..,,,,,,,,"..,.., 35
NOTICES TO P ARTlEL"""",,"'''''..,..,..........,..'''''''''''''''''''''''....,.. 36
INDEPENDENT CONTRACTOR"",,,,,,,,,,,..,....,........,,,,,,,,,,,,,,,....,,,, 3 7
11
EXHIBIT "A":
EXHIBIT "B";
EXHIBIT "C";
EXHIBIT "D":
Figure I:
Figure 2:
Figure 3:
EXHIBIT "E":
EXHIBIT "F":
EXHIBIT "G":
Agenda Item No, 10H
October 23, 2007
f'l@{je'4'JlQ)'f 137
DEFINITIONS
GENERAL SCOPE OF WORK
TECHNICAL SPECIFICAT10NS
FIGURES
Landfill Cells I and 2 Reclamation Area
Cells I and 2 Waste Reclamation Phasing Plan
Cells 1 and 2 Waste Reclamation Details
DRAFT PERFORMANCE BOND
SUMMARY OF ESTIMATED COSTS
CHANGE ORDER FORM
III
Agenda Item No, 10H
October 23,2007
Pa~t\"<!I'Qj'f 137
AGREEMENT FOR LANDFILL RECLAMATION PROJECT
THIS AGREEMENT is made and entered into this day of
,2007, by and between the BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, and WASTE MANAGEMENT INC, OF FLORIDA for
the reclamation of Cells ] and 2 of the Collier County Landfill.
WIT N E SSE T H:
WHEREAS, the County issued a request for proposals (RFP No, 07-4138) concerning the
reclamation of Cells] and 2 of the Collier County Landfill; and
WHEREAS, Contractor submitted a proposal to perform the work and complete the
Project for the County; and
WHEREAS, the County has concluded that Contractor's proposal is acceptable, subject
to the terms and conditions contained herein; and
WHEREAS, the County wishes to hire Contractor to undertake and complete the Project,
and Contractor wishes to undertake and complete the Project for the County; and
WHEREAS, the County and Contractor entered into negotiations concerning the Project,
which culminated in the preparation of this Agreement
NOW, THEREFORE, in consideration of the preamble set forth above, the mutual
covenants set forth below, and other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, the County and Contractor agree that they shall comply with
and be bound by all of the following terms and conditions of this Agreement:
SECTION 1: OVERVIEW OF THE AGREEMENT
],] The County hereby hires Contractor, and Contractor hereby agrees to work for the
County, subject to the terms and conditions contained in this Agreement
1.2 Contractor shall excavate, process, transport, and recycle or dispose of the Solid
Waste and other materials currently located in Cells I and 2 of the Collier County Landfill, in
accordance with the requirements contained herein. Except as otherwise expressly provided
herein, the Contractor shall at its expense provide all labor, services, supervision, materials, and
equipment necessary to accomplish all of the tasks required to complete the work on the Project
and satisfy the provisions of this Agreement in a safe, timely, and efficient manner. It is the sole
responsibility of the Contractor to perforn1 the necessary activities under this Agreement in
accordance with the requirements of this Agreement, the Permits, and Applicable Law,
],3 The words and terms used in this Agreement are defined in Exhibit "A" to this
Agreement The "General Scope of Work" for the Project is set forth in Exhibit "B", The
]
Agenda Item No, 10H
October 23,2007
Pa~Il5{2PQJf 137
"Technical Specifications" for Construction Surveys are contained in Exhibit "C". The Site
location is depicted in the diagrams contained in Exhibit "0", The form of Contractor's
Performance Bond is contained in Exhibit "E", The "Summary of Estimated Costs" for the
Project is contained in Exhibit "F", The form for Change Orders is contained in Exhibit "G",
1.4 Exhibits A through G are hereby made a part of this Agreement and incorporated
herein by this reference as if the exhibits had been set forth herein in their entirety, However,
notwithstanding anything else contained in this Agreement or in the exhibits, the provisions of
this Agreement shall govern and control if there are any conflicts or inconsistencies between the
contents of this Agreement and the exhibits,
SECTION 2: ACTIVITIES PRIOR TO COMMENCEMENT
2,1 Pre-Construction Submittals bv Contractor
Prior to the commencement of any work on the Site pursuant to this Agreement,
Contractor shall provide the Project Manager with: (a) appropriate certificates of insurance
demonstrating that the required insurance has been procured for the Project in compliance with
Section 14 of this Agreement; (b) a Performance Bond in compliance with Section 15 herein; (c)
a proposed Progress Schedule for the work required for the Project; (d) a list of Contractor's key
personnel; ( e) a proposed Mining Plan; and (e) any other documents required by this Agreement
to be submitted before the commencement of construction, All of these documents are subject to
the review and approval of the Project Manager.
2,2 The Pro2:ress Schedule
The Progress Schedule shall become a part of this Agreement and shall be of the essence
to this Agreement. The Progress Schedule shall address all work required by this Agreement,
provide for the expeditious execution of the work, and identify the dates for starting and
completing the various stages of the work, The Progress Schedule must be strictly adhered to,
unless modified in writing by the Project Manager in accordance with this Agreement.
2.3 The Minin!! Plan
The Contractor shall prepare a Mining Plan that describes how the Contractor's work on
the Project will be conducted, At a minimum, the Mining Plan shall describe the Contractor's
specific plans for: (a) excavating Solid Waste and Contaminated Soil; (b) minimizing odors; (c)
managing leachate; (d) managing storm water; (e) minimizing litter; (f) minimizing dust; and (g)
managing the operations in the Work Area, The Mining Plan shall include a Contingency Plan,
plus a health and safety plan, for the work that will be conducted under this Agreement. At a
minimum, the Contractor's proposed Mining Plan shall include all of the provisions contained in
this Agreement (including, but not limited to, the exhibits) concerning the procedures and
substantive requirements that shall govern the Contractor's operations,
Exhibit "B" describes how the Contractor will manage odors, leachate, stormwater, and
other conditions on the Site, The provisions in Exhibit "B" establish the basic framework for an
2
Agenda Item No, 10H
October 23, 2007
Pa~~~::g>Qj'f 137
acceptable Mining Plan, However, the Mining Plan \\~1I provide a more comprehensive and
detailed description of the Contractor's plans for executing the work on the Project.
The Contractor's proposed Mining Plan shall be revised to incorporate any changes that
are required by the FDEP and any changes that are mutually acceptable to the County and
Contractor. After the Mining Plan is approved by the FDEP and the Project Manager, the
Contractor shall strictly comply with the requirements in the Mining Plan, The Mining Plan may
be modified by the FDEP or modified with the mutual consent of the Parties, Neither Party shall
have the right to modify the Mining Plan unilaterally, The Mining Plan shall supplement this
Agreement, but the Mining Plan shall not be construed to waive or negate any requirements
contained herein,
2.4 Notice To Proceed
The Contractor shall commence work on the Pre-Construction Submittals as described in
Section 2, I above, and any other applicable pre-construction requirements upon issuance of a
written Notice To Proceed from the Project Manager, The Contractor shall not conduct any
work on the Site pursuant to this Agreement until the County gives its written approval for such
work to commence, Work may be conducted on the Site before the Mining Plan is approved, but
the Contractor shall not excavate any Solid Waste in the Work Area until the Mining Plan is
approved by the FDEP and the Project Manager,
2.5 Pre-Construction MeetiDl!
At least five (5) Days prior to the excavation of any Solid Waste on the Site, the
Contractor shall conduct a joint meeting with representatives of the Contractor, the County, the
Florida Department of Environmental Protection, and other parties or government agencies that
may have jurisdiction over the Project or be affected by the Contractor's activities under this
Agreement. The purpose of this meeting is to introduce the key personnel from each
organization and provide an opportunity for discussions concerning the Project,
SECTION 3: CONDUCTING THE WORK
3,1 Minimum Requirements
This Agreement contains performance standards and other req uirements that shall govern
the Contractor's activities under this Agreement. These requirements establish the minimum
levels of performance that will be deemed acceptable by the County, It is the objective of this
Agreement that every aspect of the Contractor's work under this Agreement shall be performed
safely and in accordance with the highest professional standards and best management practices,
3
Agenda Item No, 10H
October 23, 2007
Palll!~Zl'Qj'f 137
3,2 Prohibitions
Subject to the other provisions contained herein, the Contractor's activities under this
Agreement shall not cause: (a) Pollution; (b) Objectionable Odors beyond the boundary of the
Site; (c) nuisance conditions affecting off-Site areas; or (d) material violations of any Applicable
Law,
3,3 Rel!ulatorv Compliance and Citations
The Contractor shall excavate, process, manage, and recycle or dispose of the materials in
Cells I and 2 in conformance with all of the provisions of each Permit, the Applicable Law, and
this Agreement The Contractor shall respond promptly to all Citations concerning or related to
the Contractor's activities under this Agreement. The Contractor shall provide notice and a copy
of each Citation to the County no later than the next Day after the Citation is received by the
Contractor, Thereafter, the Contractor shall keep the County informed about the on-going status
of the Contractor's efforts to address the Citation, and shall provide notice to the County when
the Citation has been satisfactorily resolved, The Contractor shall pay all costs of investigating
and responding to Citations, all costs of correcting deficiencies and achieving compliance with
Applicable Law, and any fines assessed as a result of Contractor's non-compliance,
If a Citation is issued by an agency or division of Collier County, which the Contractor
believes is improper, it shall promptly advise the Project Manager of the circumstances of such
issuance, The Project Manager shall promptly schedule a meeting of the Contractor, issuing
agency and the Project Manager to attempt to resolve the Contractor's concerns, If the parties are
unable to resolve the matter, it shall be subject to the dispute resolution provisions of Section 12,
During such process, the matter shall be stayed,
3.4 Contractor's Personnel. EQuipment. and Supervision
The Contractor shall provide all equipment, personnel and supervision necessary to
perform Contractor's duties under this Agreement in a safe, timely and efficient manner. All of
the Contractor's employees shall be competent, sober, and appropriately trained for the tasks
assigned to them. All personnel will be required to display a valid Collier County Identification
Card while on County property, The card will be issued by the Facilities Management
Department - Security Agency, All of the equipment used by the Contractor shall be
appropriately designed, maintained and operated, The Contractor shall make arrangements for or
have access to additional equipment and workers, as necessary, to ensme that the operation of
the Project is not interrupted or halted, except when authorized herein,
Contractor shall plan, organize, supervise, schedule, monitor, direct and control the work
competently and efficiently, devoting such attention thereto and applying such skills and
expertise as may be necessary to perfonn the work in accordance with the Agreement
Contractor shall be responsible to see that the finished work complies with the Agreement
4
Agenda Item No, 10H
October 23, 2007
PcI!J!!5i21lQj'f 137
Contractor shall keep on the Site at all times during its progress a competent Site
Superintendent The Site Superintendent shall be the Contractor's representative at the Site and
shall have authority to act on behalf of Contractor. All communications given to the Site
Superintendent shall be as binding as if given to the Contractor, The Site Superintendent shall be
on the Site whenever the Contractor's work crews, or work crews of other parties engaged in any
activity whatsoever associated with the Project, are excavating Solid Waste in the Work Area,
At least five (5) Days before the Commencement Date, the Contractor shall provide the
Project Manager with a list of all key personnel assigned to the Contractor's work under this
Agreement The Contractor shall provide the Project Manager with an updated list whenever
there are any changes in the key personnel. The list shall include the name, address, phone
number, and e-mail address of each key employee of the Contractor and subcontractors working
on the County's Project
The Project Manager reserves the right to direct the Contractor to dismiss, or relocate
away from the Site, any employee of the Contractor or a subcontractor who materially or
repeatedly violates any term of this Agreement or who is wanton, negligent, or discourteous in
the performance of his duties, The Project Manager shall coordinate with the Contractor before
exercising this right Notwithstanding the foregoing, the County shall not take any action, and
the Contractor shall not be required to take any action with regard to the Contractor's personnel,
that would violate the Contractor's written personnel policies or any Applicable Law,
3,5 Subcontractors
The Contractor may utilize subcontractors in the performance of the work required
hereunder, The Contractor shall be responsible to the County for the acts and omissions of its
subcontractors and for any Person that is directly or indirectly employed by the subcontractors,
The Contractor agrees to employ only those subcontractors that have been approved by
the Project Manager, Such approval shall not be unreasonably withheld and shall be based on
the Project Manager's reasonable determination that the subcontractor has the experience,
equipment, personnel and financial resources to satisfactorily perform the work required by this
Agreement
Nothing in this Agreement shall create any contractual relationship between any
subcontractor and the County or any obligation on the part of the County to payor see to the
payment of any monies which may be due to any subcontractor. No subcontract shall relieve the
Contractor of its responsibilities under this Agreement
3.6 Permits and Licenses
Except as otherwise provided herein, the Contractor shall secure, renew, maintain at all
times, modify if necessary, and pay for all Permits, licenses, inspections, and other governmental
charges that are necessary for the Contractor's activities under this Agreement, including
environmental permits, building permits, utility permits, and truck registrations, However, the
County shall be responsible for paying the application fee for the County Permit that authorizes
5
Agenda Item No, 10H
October 23, 2007
Pa~il51<1'Qj'f 137
the Contractor to use the County's wastewater treatment plant for the disposal 0 f the leachate
generated in the Work Area,
3.7 Taxes. Char!!es and Levies
The Contractor shall pay all sales, consumer, use, and other taxes and fees required by
Applicable Law for the Contractor's activities under this Agreement However, the Contractor
shall have no liability under this Agreement for the payment of any ad valorem taxes on the Site,
3,8 Site Investi!!ation and Utilities
Subject to Section 5,6 of this Agreement, Contractor shall have the sole responsibility of
satisfying itself concerning the nature and location of the work and the general and local
conditions, and particularly, but without limitation, with respect to the following: those affecting
transportation, access, disposal, handling and storage of materials; availability and quality of
labor; water and electric power; availability and condition of roads; the Work Area; living
facilities; climatic conditions and seasons; physical conditions at the Site and the area as a whole;
topography and ground surface conditions; nature and quantity of the surface materials to be
encountered; subsurface conditions; equipment and facilities needed preliminary to and during
performance of the work; and all costs associated with such performance, The failure of
Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any
of its responsibilities to perform under this Agreement, nor shall it be considered the basis for
any claim for additional time or compensation, except as provided in Section 5,6, below,
Contractor shall locate all existing roadways, railways, drainage facilities and utility
services above, upon, or under the Site, said roadways, railways, drainage facilities and utilities
being referred to in this Section 3,8 as the "Utilities", Contractor shall contact the owners of all
Utilities to determine the necessity for relocating or temporarily intelTupting any Utilities during
the construction of the Project. Contractor shall schedule and coordinate its work around any
such relocation or temporary service interruption, Contractor shall be responsible for properly
shoring, supporting and protecting all Utilities at all times during the course of the work, The
Contractor is responsible for coordinating all other utility work so as to not interfere with the
prosecution of the Project.
3,9 Extensions to Pro!!ress Schedule
Contractor shall diligently pursue the completion of the Project and shall coordinate the
work being done on the Project by its subcontractors and material-men so that its work shall not
be delayed, Contractor shall be solely responsible for all construction means, methods,
techniques, sequences, and procedures, as well as coordination of all portions of the work under
the Agreement.
Should Contractor be obstructed or delayed in the prosecution of or completion of the
Project as a result of unforeseeable causes beyond the control of Contractor, and not due to its
fault or neglect, Contractor shall notify the Project Manager in writing within forty-eight (48)
hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to
have waived any right which Contractor may have had to request a time extension,
6
Agenda Item No, 10H
October 23, 2007
Pa~il51"'Qjf 137
Except for any delay directly caused by the County's negligence or willful actions or
inactions and as otherwise provided in this Agreement, no interruption, interference,
inefficiency, suspension or delay in the commencement or progress of the Project shall relieve
Contractor of its duty to perform or give rise to any right to damages or additional compensation
from Owner. Except as otherwise provided in this Agreement, Contractor expressly
acknowledges and agrees that it shall receive no damages for delay, Contractor's sole remedy, if
any, against the County will be the right to seek an extension to the Progress Schedule; provided,
however, the granting of any such time extension shall not be a condition precedent to the
aforementioned "No Damages For Delay" provision, This paragraph shall expressly apply to
claims for early completion, as well as to claims based on late completion,
3.10 Chane:es in the Work and Chane:e Orders
Subject to the other conditions in this Agreement, the County shall have the right at any
time during the Project to increase or decrease the work, Promptly after being notified of a
change, Contractor shall submit an itemized estimate of any cost or time increases or savings it
foresees as a result of the change, Except in an emergency endangering life or property, or as
expressly set forth herein, no addition or changes to the work shall be made except upon written
order of the County, and the County shall not be liable to the Contractor for any increased
compensation without such written order. No officer, employee or agent of the County is
authorized to direct any extra or changed work orally, Any alleged changes must be approved by
the Project Manager in writing prior to starting such items, The County will not be responsible
for the costs of any changes commenccd without the Project Manager's express prior written
approvaL Failure to obtain such prior written approval for any changes will be deemed: (a) a
waiver of any claim by Contractor for such items and (b) an admission by Contractor that such
items are in fact not a change but rather are part of the work required of Contractor under this
Agreement.
A Change Order shall be issued and executed promptly after an agreement is reached
between Contractor and the Project Manager concerning the requested changes, Contractor shall
promptly perform changes authorized by duly executed Change Orders, The Contract Fee and
the Progress Schedule shall be adjusted in the Change Order in a manner that is mutually
acceptable to the Project Manager and Contractor.
The form and content ofthe Change Order shall be determined by the Project Manager.
The County's standard form for Change Orders is contained in Exhibit "Goo,
If the Project Manager and Contractor are unable to agree on a Change Order for a
requested change, Contractor shall, nevertheless, promptly perform the change if directed to do
so by the Project Manager in a written Work Directive Change, In that event, the Contract Fee
and Progress Schedule shall be adjusted as directed by the Project Manager. If Contractor
disagrees with the Project Manager's adjustment determination, Contractor must make a claim
pursuant to Section 3,11 of this Agreement or else be deemed to have waived any claim on this
matter it might otherwise have had,
7
Agenda Item No, 10H
October 23, 2007
Pa~lJ5P,1'lQj'f 137
Any modifications to this Agreement shall be in compliance with the County Purchasing Policy
and Administrative Procedures in effect at the time such modifications are authorized,
3.11 Claims and Disputes
For the purposes of this Section 3,11, a "claim" is a demand or assertion by one of the
Parties seeking an adjustment or interpretation of the terms of the Agreement, payment of
money, extension of time, or other relief with respect to the terms of the Agreement The term
"claim" also includes other disputes and matters in question between the County and Contractor
arising out of or relating to the Agreement The responsibility to substantiate a claim shall rest
with the Party making the claim,
Claims by the Contractor shall be made in writing to the Project Manager within seven
(7) calendar days from when the Contractor knew or should have known of the event giving rise
to such claim or else the Contractor shall be deemed to have waived the claim, Written
supporting data shall be submitted to the Project Manager within thirty (30) calendar days after
the occurrence of the event, unless the County grants additional time in writing, or else the
Contractor shall be deemed to have waived the claim,
If the Parties cannot mutually agree about a claim, their dispute shall be addressed
through the dispute resolution process in Section 12 of this Agreement
3.12 Protection of Work
Contractor shall fully protect the work from loss or damage and shall bear the cost of any
such loss or damage until final payment has been made, If Contractor or anyone for whom
Contractor is legally liable is responsible for any loss or damage to the work, or other work or
materials of the County or the County's other contractors, Contractor shall be charged with the
same, and any moneys necessary to replace such loss or damage shall be paid by Contractor,
Contractor shall not disturb any benchmark established by the County or the Engineer
with respect to the Project If Contractor, or its subcontractors, agents or anyone for whom
Contractor is legally liable, disturbs the County's or Engineer's benchmarks, Contractor shall
immediately notify the Project Manager and Engineer. The County or Engineer shall re-establish
the benchmarks and Contractor shall be liable for all costs associated therewith,
3.13 Emer!!encies
In the event of an emergency affecting the safety or protection of Persons or property at
the Site or adjacent thereto, Contractor, without special instruction or authorization from County
or Engineer, is obligated to act to prevent threatened damage, injury or loss, Contractor shall
give the Project Manager written notice within seven (7) calendar days if Contractor believes that
any significant changes in the work or variations from the Agreement have been caused thereby,
If the Project Manager determines that a change in the Agreement is required because of the
action taken in response to an emergency, a Change Order shall be issued to document the
consequences of the changes or variations, If Contractor fails to provide the seven (7) day
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written notice noted above, the Contractor shall be deemed to have waived any right it otherwise
may have had to seek an adjustment to the Contract Fee or an extension to the Progress
Schedule,
3.14 Safety
Contractor shall be responsible for initiating, maintaining and supervlsmg all safety
precautions and programs in connection with the Project. Contractor shall take all reasonable
precautions for the safety of, and shall provide the necessary protection to prevent damage,
injury or loss to:
(a) All employees on or about the Site and other Persons and/or organizations
who may be affected thereby;
(b) All of the work and the materials and equipment to be incorporated
therein, whether in storage on or off the Site; and
(c) Other property on the Site or adjacent thereto, including trees, shrubs,
walks, pavements, roadways, structures, utilities and any underground structures or
improvements not designated for removal, relocation or replacement in this Agreement.
Alcohol, drugs and all illegal substances are strictly prohibited on the Site, All
employees of Contractor, as well as those of all subcontractors and those of any other Person or
entity for whom Contractor is legally liable (collectively referred to in this paragraph as
"Employees"), shall not possess or be under the influence of any such substances while on the
Site, Further, Employees shall not bring on to the Site any gun, rifle or other firearm, or
explosives of any kind,
SECTION 4: COMPLETION OF PROJECT
Upon completion of the Project, the Contractor shall properly dispose of any
accumulations of waste materials, rubbish, and other debris resulting from the Contractor's
activities on the Site, The Contractor shall remove Contractor's tools, equipment, machinery,
and materials from the premises and shall leave the Site and premises clean, The Contractor
shall restore to original condition any portions of the Site that were altered or changed by the
Contractor without the County's approval, unless otherwise directed by the County,
SECTION 5: PAYMENTS FOR COMPLETED WORK
5.1 Contract Fee
After the Commencement Date, the County shall pay the Contractor a Contract Fee in the
amount and in the manner specified in this Agreement. The Contract Fee is intended to fully and
completely compensate the Contractor for all of Contractor's duties, obligations, work and
responsibilities under this Agreement.
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5,2 Method ofCalculatinl! Contract Fee
The Contract Fee shall be calculated by using "lump sum" and "unit" prices, based on the
type of work performed by the Contractor. These prices are contained in the Summary of
Estimated Costs (Exhibit "F"),
The Contractor's billings to the County shall be based on the work that has been
successfully completed by the Contractor in compliance with this Agreement Billings based on
quantities shall reflect the actual measured quantities of materiaL Quantities determined by
volume (cubic yards) shall be measured by means of surveying the Work Area, Quantities
measured by weight (tons) shall be measured by using the County's scales at the scale house,
The Contractor's tasks are identified in Exhibit 'T' as items (tasks) I through 9 of the
"Base Proposal", The work required for each of these tasks is summarized in Section 9 of
Exhibit "B",
With regard to each of the lump sum fees for task 2 (Land Clearing and Removal of
Surface Debris) and task 9 (Demobilize), the fee shall not be paid until the task is fully
completed in compliance with this Agreement With regard to each of the lump sum fees for
task 1 (Mobilization), task 3 (Soil Stripping and Stockpiling), task 4 (Storm water and Leachate
Management), and task 5 (CQA, Materials Testing, and Surveying), the fee for each of these
tasks shall be paid on a pro rata basis, after the Contractor and Project Manager estimate the
amount of the Project that has been completed in compliance with the Agreement
As shown by the "Base Proposal" in Exhibit "F", the total estimated cost for the
Contractor's services is $5,910,460,82 The actual cost of Contractor's services will depend on
various factors, including but not limited to: (a) whether the amount of Solid Waste and
Contaminated Soil excavated from the Work Area will be greater or less than 400,000 cubic
yards; (b) whether the Contractor will need to install more than one storage tank for leachate; (c)
whether the Contractor will need to transport leachate by truck to an off-Site wastewater
treatment plant for disposal; (d) whether the Contractor will discover Hazardous Waste or other
unforeseen conditions in the Work Area, and (e) whether the Contractor will undertake
extraordinary odor control measures, as described in Section 5,9, below,
Exhibit "F" ("Allowance Items") identifies the amounts the County will pay to the
Contractor for additional leachate storage tanks and for the transportation and disposal of
leachate in off-Site wastewater treatment facilities, The cost of managing Hazardous Waste that
cannot be disposed of in the Landfill, the cost of extraordinary odor control measures, and the
cost of other unforeseen conditions will be determined on a case-by-case basis, The Allowance
Items in Exhibit "F" also include funds for additional equipment and personnel at the Landfill,
pursuant to Section 3,11 of the Landfill Operating Agreement
5.3 Procedure For Pavrnent of Contract Fee
Each month the Contractor shall calculate the amount of the Contract Fee that it believes
is owed to the Contractor, based on the provisions of this Agreement, for the work completed
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during the previous month, The Contractor shall prepare a request for payment and submit it to
the Project Manager. The request for payment shall be in a format that is acceptable to the
Project Manager, and the request shall include sufficient information to enable the Project
Manager to verify that the amount requested is appropriate,
The County shall evaluate and process the Contractor's request for payment in a timely
manner. If the County disagrees with the amount stated in the Contractor's request for payment,
the County shall notify the Contractor as expeditiously as practicable, The existence of a dispute
shall not delay the payment of undisputed amounts, All payments to the Contractor shall be
made in accordance with Section 218,70, et seq" Florida Statutes, which is referred to herein as
the Local Government Prompt Payment Act
5.4 Limits On County Payments
The Contractor understands that funding limitations exist and the County's payments
under the Agreement must be spread over time, Accordingly, the Contractor agrees that it shall
not request payment for, and the County shall not be obligated to pay, more than Three Million
Two Hundred Thousand Dollars ($3,200,000,00) under this Agreement before October I, 2008,
unless: (a) the County requests the Contractor to install more than one leachate storage tank at
the Site; (b) the Contractor is required under this Agreement to haul leachate by truck to an off-
Site wastewater treatment plant for disposal; (c) the County requests the Contractor to handle and
dispose of Hazardous Waste discovered in the Work Area; (d) the County is required w1der this
Agreement to pay the Contractor for unforeseen conditions or a Change Order; ( e) the County
must reimburse the Contractor for using additional equipment and personnel at the Landfill,
pursuant to Section 3,] I of the Landfill Operating Agreement; or (I) the County consents to the
payment of additional amounts, Notwithstanding the provisions in the preceding sentence, the
County shall not under any circumstances be obligated to pay the Contractor more than Four
Million Dollars ($4,000,000,00) before October I, 2008 for the activities identified in Exhibit
"F", Ifthe Contractor would be entitled to payment of additional amounts but for the provisions
of this paragraph, the Contractor may request payment of such additional amounts on or after
October l, 2008 and the County shall promptly pay the requested amount Nothing in this
paragraph shall be construed to waive or negate the County's obligation to pay the Contractor for
the work it completes in compliance with the requirements of this Agreement
5.5 Adiustments to Contract Fees
The Contract Fees described in this Agreement shall only be adjusted if and when such
adjustments are explicitly authorized herein, The Contract Fees shall not be adjusted based on
changes in the consumer price index, the cost of fuel, or other inflationary factors, Subject to the
other provisions contained herein, the Contract Fees may be adjusted as a result of a Force
Majeure event, Change Order, or Change in Law (unless and except to the extent that the
Contractor knew or should have known of such change before the Effective Date),
If the Contractor requests an adjustment to the Contract Fees based on a Force Majeure
event or Change in Law, the Contractor shall provide the Project Manager with any information
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reasonably needed to determine the merits of the Contractor's request After receiving such
information, the Project Manager shall evaluate the Contractor's request in a timely manner and
determine whether a Change Order is needed, The Project Manager shall grant adjustments to
the Contract Fees only if the Contractor demonstrates that: (a) the Contractor has incurred
increased costs as a direct result ofa Force Majeure event or Change in Law; (b) the Contractor
has used all reasonable commercial efforts to minimize the amount of such costs; and (c) the
increased costs were not the result of any fault or negligence, or any act or omission in violation
of the terms of this Agreement, on the part of the Contractor. If any adjustments to the Contract
Fees are approved by the Commission, the adjustments shall become effective upon the date, and
subject to the terms, designated by the Commission,
5.6 Adiustments to Contract Fees for Unforeseen Conditions
If conditions are encountered in the Work Area that are (a) subsurface or otherwise
concealed physical conditions that differ materially from those indicated in the Agreement and
PSI Report or (b) unknown physical conditions of an unusual nature, which differ materially
/Tom those ordinarily found to exist and generally recognized as inherent in the reclamation
activities provided for in this Agreement, and which reasonably could not have been discovered
by Contractor during its due diligence and site investigative activities, then Contractor shall
provide the County with prompt written notice thereof before such conditions are disturbed and
in no event later than three (3) calendar days after first observing such conditions, The Project
Manager shall promptly investigate such conditions and, if they satisfy the criteria in (a) or (b),
above, and cause an increase or decrease in Contractor's cost of, or time required for,
performance of any part of the work, the Project Manager will acknowledge and agree to an
equitable, negotiated adjustment to Contractor's compensation or time for performance, or both,
for such work, Any adjustment to the Contractor's work, schedule, or Contract Fees shall be
addressed in a Change Order. If the Project Manager determines that the conditions at the Site
are not materially different from those indicated in the Agreement and PSI Report. or not of an
unusual nature, or should have been discovered by Contractor as part of its investigative services,
and that no change in the terms of the Agreement is justified, the Project Manager shall notify
Contractor in writing, stating the reasons for this determination, Claims by Contractor in
opposition to such detem1ination by the Project Manager must be made within seven (7) calendar
days after Contractor's receipt of Project Manager's written determination, If the Project
Manager and Contractor cannot agree on an adjustment to Contractor's cost or time of
performance, the Parties shall use the dispute resolution procedure in Section 12 of this
Agreement to resolve their dispute,
5,7 Pavment of Contractor's Utilities Bills
The Contractor shall pay all of the bills for the installation and use of electricity, water,
telephone, sanitary sewer and other utility services provided to the Work Area, Electrical power
is available from the electric transmission line located along the n0l1hem boundary of the Site,
The Contractor shall be responsible for obtaining power from this area of the Site, as necessary,
Any electrical power used from the County's connection shall be accounted for by the Contractor
and paid for using the same rates that the County pays the power company,
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5.8 Payment of Disposal Fees
The Contractor shall not be required to pay a disposal fee or "tipping fee" for the disposal
of any Residual Waste or Contaminated Soil that is excavated from Cells I and 2 and then
delivered to the County's Landfill for disposal.
The County shall be responsible for paying for the disposal of any Hazardous Waste that
is excavated from Cells I and 2 and cannot be disposed of in the Landfill. The County may
arrange for the disposal of the Hazardous Waste and pay such expenses directly, If the County
requests the Contractor to arrange for the disposal of the Hazardous Waste, the County shall
reimburse the Contractor for its documented expenses, plus five percent (5%),
The Contractor shall be responsible for paying the disposal and recycling fees for any
Unacceptable Waste (except Hazardous Waste) and Recyclable Material that is excavated from
the Work Area, segregated, and taken off-Site for disposaL
The County shall pay the fees and costs charged by the County's Utilities Department for
the disposal of any leachate that is pumped from the Work Area to the County's wastewater
treatment plant. If the County requests the Contractor to haul leachate in tanker trucks to another
wastewater treatment plant, the County shall pay the fees for such services, as set forth in Exhibit
"F" of the Agreement.
5.9 Payment for Odor Control Measures
The Contractor shall pay all costs and expenses associated with the implementation of its
odor control plan, except as explicitly set forth below for extraordinary odor control measures,
Among other things, the Contractor shall pay for: (a) the design, construction, operation, and
maintenance of the Odor Control System; (b) the chemicals used in the Odor Control System; (c)
the acquisition and application of soil, alternate daily cover, or other materials used to cover
exposed waste; and (d) all of the other activities and materials used to control odors during
normal operations,
However, the Contractor is not required to pay for extraordinary odor control measures,
For the purposes of this Section 5,9, extraordinary odor control measures shall mean: (a) the use
oflime or other chemicals to treat sludge, leachate, or liquids located in the excavated portion of
the Work Area; or (b) any other odor control measure that is not described in this Agreement or
Exhibit "8", but is requested by the Project Manager,
If the Contractor encounters a situation that requires the use of an extraordinary odor
control measure, the Contractor shall requcst and receive a Change Order or Work Directive
Change before the Contractor undertakes the extraordinary odor control measure, Except as
otherwise provided in Section 3,13 of this Agreement and Section 3,5 of Exhibit "8", the
Contractor shall be deemed to have waived its right to additional compensation, and shall be
deemed to have admitted that no additional compensation is due, if the Contractor undertakes
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such odor control measure before the Contractor receives a Change Order or Work Directive
Change,
5, J 0 Reimbursement Under Landfill ODeratinl! Al!reement
Subject to various conditions and limitations, Section 3,] I of the Landfill Operating
Agreement requires the County to reimburse the Contractor if the Contractor needs to add
additional equipment or personnel at the Landfill to manage the Solid Waste that is excavated
from Cells I and 2 and delivered to the Landfill for disposal. Any reimbursements to the
Contractor will be made in accordance with the following provisions:
5.1 0, 1. Any request for reimbursement shall be prepared by the Contractor and paid by
the County in compliance with the procedures in Section 5,3, above,
5.1 0.2, The County's obligation to reimburse the Contractor shall be subject to the,
limitations contained in Section 3,11 of the Landfill Operating Agreement and Section 504,
above,
5,10,3, The County shall have no obligation to reimburse the Contractor for equipment
or personnel used at the Landfill during those months when (a) the amount of Residual Waste
delivered to the Landfill from Cells I and 2 and was equal to or less than five thousand (5,000)
tons or (b) the total amount of Solid Waste delivered to the Landfill from all sources was equal to
or less than thirty thousand (30,000) tons,
5.1 004, Subject to the other limitations contained herein, the County shall reimburse the
Contractor for the reasonable, documented costs incurred by the Contractor when using the
following equipment at the Landfill, provided such equipment is used to supplement (not
replace) the Contractor's existing inventory of Landfill equipment under the following
circumstances:
(a) a D-8 bulldozer may be used by the Contractor if the amount of Residual Waste
delivered to the Landfill from Cells I and 2 exceeds five thousand (5,000) tons per
month;
(b) in addition to the D-8 bulldozer, an 836 compactor may be used if the amount of
Residual Waste delivered to the Landfill exceeds ten thousand (l0,000) tons per month;
and
(c) in addition to the D-8 bulldozer and 836 compactor, a D-6 bulldozer may be used if
the amount of Residual Waste delivered to the Landfill exceeds fifteen thousand tons
(15,000) tons per month,
Equivalent types of equipment may be used with the Project Manager's prior approval, which
shall not be unreasonably withheld,
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5, I 0,5, The County shall reimburse the Contractor for the reasonable, documented costs
incurred by the Contractor for the additional trained personnel needed to operate the equipment
authorized pursuant to Section 5,10.4, above,
5, I 0,6, The County and the Contractor shall work together to reasonably determine the
weight of the Residual Waste delivered to the Landfill for disposaL During the first month after
the Contractor begins to excavate Solid Waste from the Work Area, the Contractor shall weigh at
least ten (10) loads of Residual Waste at the County's scale house, The Contractor's Coordinator
and the County's Project Manager shall jointly observe the loading of the Residual Waste and
take other appropriate steps, if necessary, to ensure that the loads delivered to the scale house are
representative of the typical loads being delivered to LandfilL The Coordinator and the Project
Manager shall use the scale house records to develop an appropriate formula for calculating the
weight (i,e" tons) of the Residual Waste delivered to the Landfill, based on the survey data that
identifY the volume (i.e" bank cubic yards) of material excavated from Cells I and 2, The
formula shall be revised whenever necessary to more accurately reflect the actual weight of the
Residual Waste, The Contractor may weigh additional loads of Residual Waste at any time, and
the Contractor shall weigh ten (10) additional loads of Residual Waste in any month when
requested to do so by the Project Manager, if additional scale house records are deemed
necessary to detennine the actual weight of the Residual Waste,
5.10,7 Instead of using the procedures in Section 5,10,6 to determine the weight of the
Residual Waste delivered to the Landfill for disposal, the Parties may use the following formula:
six thousand two hundred and fifty (6,250) bank cubic yards of material excavated from
Cells 1 and 2 is equal to five thousand (5,0000) tons of Residual Waste
This formula is based on the assumption that the excavation of twelve thousand five
hundred (12,500) bank cubic yards of material from Cells 1 and 2 will produce six thousand two
hundred and fifty (6,250) bank cubic yards of Residual Waste weighing five thousand (5,000)
tons, and it will produce an equal amount of Fines, Since this formula is based on an
assumption, the fonnula in this Section 5.1 0,7 may be uscd only if and only for so long as both
Parties continue to agree that the formula appears to be appropriate, If either Pmiy concludes
that the use of the formula is no longer appropriate, the Parties shall: (a) modifY the formula in a
manner that is mutually acceptable to both Parties; or (b) use the procedures in Section 5,10,6; or
(c) develop a different method of determining the weight of the Residual Waste, which is
mutually acceptable to both Parties,
5.11 Final Payment for Proiect
Upon receipt of written certification from Contractor that the Project has been completed
in accordance with the Agreement, the County shall conduct a final inspection of the Site, Jfthe
County concludes Contractor's work is complete and acceptable, then the County will issue a
final authorization for payment to Contractor for any amounts still unpaid, in accordance with
Section 218,735, Florida Statutes, and the administrative procedures established by the County's
Purchasing Department and the Clerk of Court's Finance Department.
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Contractor, prior to final payment, shall submit a properly executed and notarized copy of
a release and affidavit and a duly executed copy of the Surety's consent to payment, both in a
form acceptable to the County, Contractor's acceptance of the County's final payment shall
constitute a full waiver and release of any and all claims by Contractor against the County arising
out of this Agreement or otherwise relating to the Project
Neither the acceptance of the work, nor payment by the County, shall be deemed to be a
waiver of the County's right to enforce any obligations of Contractor hereunder or to the
recovery of damages for defective work not discovered at the time of final inspection,
SECTION 6: PAYMENTS WITHHELD FROM CONTRACTOR
In addition to the remedies provided elsewhere in this Agreement, the County may
withhold part or all of any payment otherwise due the Contractor if the County Manager
concludes that the Contractor's actions or inactions have resulted in the following:
(I) Unsatisfactory work not caused by conditions beyond the Contractor's control;
(2) Defective work that has not been corrected;
(3) The Contractor's failure to carry out appropriate instructions or orders of the
Project Manager;
(4) Failure of the Contractor to provide schedules, data, or reports requested by the
County;
(5) Unsafe working conditions allowed to persist by the Contractor; or
(6) Failure of the Contractor to make payments to any subcontractor for materials or
labor, which results in a claim against the County,
If the foregoing problems are corrected, payment shall be made to the Contractor for the amounts
withheld, but the County shall not be liable to the Contractor for interest on any delayed
payment
The County Manager shall not exercise the County's right to withhold payments under
this section unless the County Manager concludes that such action is necessary in light of the
Contractor's problems or failure of performance, The County Manager's right to withhold
payments is limited to such amounts as are reasonable and appropriate under the circumstances,
SECTION 7: LIQUIDATED DAMAGES
The County and Contractor acknowledge and agree that it is difficult or impossible to
accurately determine the amount of damages that would or might be incurred by the County due
to those failures or circumstances described in this Section 7 and for which the Contractor would
otherwise be liable, Accordingly, the Contractor and the County have negotiated the terms and
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amounts of the liquidated damages set forth herein, and the parties agree that the liquidated
damages are reasonable under the circumstances, The Contractor and County also have
consulted with their legal counsel and confirmed that these liquidated damages are reasonable
and appropriate, Therefore, the following administrative assessments shall constitute liquidated
damages, not penalties, for the Contractor's breach of this Agreement.
7.1 Procedure for Assessinl! LiQuidated Damal!es
7, L1 Based upon an investigation, the Project Manager shall determine whether
liquidated damages should be assessed against the Contractor. At a minimum, the Project
Manager shall discuss the relevant facts with the Coordinator before the Project Manager decides
to assess liquidated damages, The County shall not assess and the Contractor shall not be
required to pay liquidated damages in those cases where the delay or failure in the Contractor's
performance was (a) excused in advance by the Project Manager or (b) due to unforeseeable
causes that were beyond the Contractor's reasonable control, and without any fault or negligence
of the Contractor.
7,1.2 Prior to assessing liquidated damages, the Project Manager shall provide written
notice to the Coordinator, indicating the County's intent to assess liquidated damages and the
basis for the County's position,
7,1.3 After receiving the Project Manager's letter, Contractor shall have ten (10) Days
to file a written letter of protest with the Project Manager,
7,1 A If a protest is timely filed, the matter shall be referred to the County Manager for
resolution, The County Manager shall review the issues in a timely manner and then provide a
written decision to the Contractor. If the Contractor does not agree with the County Manager's
decision, the Contractor may file a request for binding arbitration pursuant to Section ] 2,9,
below, within five (5) Days after receiving the County Manager's written decision,
7,1.5 If a protest is not timely filed by the Contractor, or the Contractor does not file a
timely request for binding arbitration, or the arbitrator concludes that liquidated damages should
be assessed, or the parties agree about the amount of the liquidated damages, then the Project
Manager shall deduct the liquidated damages from the County's next payment to the Contractor.
7,2 Grounds for Assessinl! LiQuidated Damal!es
During the term of the Agreement, the Project Manager may assess liquidated damages
under the following circumstances:
7,2,1 Failure to cover exposed areas of Solid Waste with a tarp, soil, or alternate daily
cover at the end of each calendar day, within twenty-four (24) hours after receiving written
notice ofthe deficiency from the Project Manager, shall result in the imposition of an assessment
of $ 250 per calendar day,
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7.2.2 Failure to operate the Odor Control System in the Work Area, within 24 hours
after receiving a written request from the Project Manager to do so, shall result in the imposition
of an assessment of $ 500 per calendar day, The Project Manager shall not request the
Contractor to operate the Odor Control System unless the Project Manager determines that
Contractor's activities are reasonably likely to cause Objectionable Odors beyond the boundaries
ofthe Site,
7,2.3 Failure to comply with the other requirements in the odor control plan (Le" other
than the requirements identified in Sections 7,2,1 and 7,2.2) within twenty-four (24) hours after
receiving written notice from the Project Manager concerning the deficiency in Contractor's
operations, shall result in the imposition of an assessment of $500 per calendar day, In those
cases involving extraordinary odor control measures and the issuance of a Change Order
pursuant to Section 5,9, above, the Contractor shall have no obligation to undertake the
extraordinary odor control measure until the Change Order or Work Directive Change is issued,
7.2.4 Failure to comply with the requirements in the odor control plan within 24 hours
after receiving written notice from the Project Manager that Contractor's failure is causing
Objectionable Odors in off-Site areas, shall result in the imposition of an assessment of $1,000
per calendar day, This assessment shall increase to $3,000 per calendar day if the Contractor
fails to comply with the requirements in the odor control plan for more than 72 hours after the
Contractor receives the Project Manager's written notice, In those cases involving extraordinary
odor control measures and the issuance of a Change Order pursuant to Section 5,9, above, the
Contractor shall have no obligation to undertake the extraordinary odor control measure until the
Change Order or Work Directive Change is issued,
7,2,5 Failure to control stormwater or leachate in the Work Area in compliance with the
Mining Plan within forty-eight (48) hours after receiving written notice of the deficiency from
the Project Manager, shall result in the imposition of an assessment of $1 ,000 per calendar day,
7.2,6 Failure to maintain or provide documents in the manner required herein (e,g" see
Section 6,0 of Exhibit "B"), within three (3) Days after receiving written notice of the deficiency
from the Project Manager, shall result in the imposition of an assessment of $1 00 per Day,
7.2,7 Failure to timely file any report or document required herein (e,g" see Section 6,0
of Exhibit "B"), within three (3) Days after receiving written notice of the deficiency from the
Project Manager, shall result in the imposition of a $100 assessment for each Day that each
report or document is late,
7,2,8 Failure to respond to the Project Manager by 5:00 p,m, on the first Day following
a telephone call that is made by the Project Manager in compliance with the Parties'
communications plan (see Section 2,3 of Exhibit "B") shall result in the imposition of an
assessment of $50 per event.
7,2,9 Failure to clean up Solid Waste, liquids, or materials that are excavated from the
Work Area and spilled on the Site (excluding the Work Area), or failure to clean up litter in the
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Work Area, within forty-eight (48) hours after recelVlng written notification by the Project
Manager, shall result in the imposition of a $100 assessment per event
SECTION 8: TERM
The term of this Agreement shall be two (2) years, The term may be extended for one (1)
year with the mutual consent of the County and the Contractor.
SECTION 9: DELAYS OR NON-PERFORMANCE DUE TO FORCE MAJEURE
9.1 If the County or Contractor is unable to perform, or is delayed in its performance
of any of its obligations under this Agreement by reason of any event of Force Majeure, such
inability or delay shall be excused at any time during which compliance is prevented by such
event and during such period thereafter as may be reasonably necessary for the County or
Contractor to correct the adverse effect of such event of Force Majeure,
9,2 The Contractor shall not be entitled to compensation for such period of time as the
delay or non-performance shall continue, but shall be entitled to compensation for the work after
it has been completed,
9,3 To be entitled to the benefit ofthis Section 9, a Party claiming an event of Force
Maj eure shall give prompt written notice to the other Party, specifYing in detail the event of
Force Majeure, and shall diligently proceed to correct the adverse effect of any Force Majeure,
The parties agree that, as to this Section 9, time is of the essence,
9.4 The parties recognize that nothing in this Section 9 shall in any way limit each's
duty, as otherwise specified within this Agreement, to comply with all Applicable Laws,
9,5 Although strikes, slowdowns, walk-outs, block-outs, industrial disturbances, or
other labor disputes are not Force Majeure events, if such events occur, the Contractor shall take
all reasonable steps to continue normal operations, Among such steps which may be required is
the transfer of personnel from any other locations, hiring of additional short-term employees, and
contracting with other entities to provide the necessary equipment or labor required to perform
the Contractor's responsibilities under this Agreement In the event of a strike of the employees
of Contractor, or any other similar labor dispute which makes performance of this Agreement by
the Contractor substantially impossible, the County shall have the right to call the Performance
Bond within one (1) week of such action and engage another Person to provide necessary
servIces,
9,6 In the event that the County or the Contractor in good faith determines that a
Force Majeure event will prevent or alter performance permanently or for such period oftime or
at such additional expense as to make performance unreasonable, the County or the Contractor
may declare the Agreement terminated and neither Party shall be further obligated to the other
except for amounts due upon the dale oftem1ination of the Agreement
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SECTION 10: BREACH AND TERMINATION OF AGREEMENT
10.1 Failure to Fulfill Obli!!ations of A!!reement
10,1.1 Subject to the provisions of Section 9, above, the Commission may terminate this
Agreement for Contractor's failure to fulfill a material obligation of the Agreement, including
but not limited to:
10,I.Ll
Refusal to comply with any lawful order of the County Manager,
10,1.1.2
Failing to begin work within the time specified in this Agreement
10,1,1.3 Failing to properly and timely perfonn work as instructed by the
Project Manager or as provided in this Agreement
10,1, I A Willful delay in filing reports and audits or providing infonnation
requested by the Project Manager.
10,1,1,5 Performing the work unsuitably or neglecting or refusing to correct
such work as may be rejected as unacceptable, unsuitable or otherwise nonconfonning or
defective,
10,1.1.6
Project Manager.
Discontinuing operations \;/ithout prior authorization from the
10, I. I. 7 Failing to resume work that has been suspended within a
reasonable time, after being notified to do so by the Project Manager.
10,1.1.8
Failing to obey any Applicable Law,
10,1.1.9
Agreement
Otherwise failing to perfonn or abide by the tenns of this
10,1.2 When any of the above reasons exist, the Commission may tenninate this
Agreement, without prejudice to any other rights or remedies of the County, after giving the
Contractor and the Contractor's surety, if any, written notice that the Contractor has seven (7)
Days to cure the default Contractor may be granted an extension of time to cure the default if it
is not reasonably possible to comply within seven (7) Days,
10,1.3 If the Contractor fails to cure the default within seven (7) Days and the
Agreement is tenninated by the Commission, the Contractor shall be entitled to receive
compensation for all reasonable and allocable services that were satisfactorily perfonned by the
Contractor up to the date of tennination, but the County may withhold payment of such
compensation until the Project is completed, Contractor shall not be entitled to any recovery
against the County for any anticipated profit on portions of the work not perfonned or for any
demobilization expenses for the Project If the County terminates this Agreement because of the
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Contractor's default, the Contractor shall be liable for all excess costs that the County is
reasonably required to expend to complete the work covered by this Agreement, plus all costs of
termination,
10,1.4 If the County terminates this Agreement because of a default by the Contractor,
the County may take over the work or any portion thereof or hire another Person to take over part
or all of the work required under this Agreement
10, I ,5 If the County terminates this Agreement because of a default by the Contractor,
the Contractor shall be liable to the County for all actual damages incurred by the County as a
result of the Contractor's default The foregoing shall apply without regard to the County's
rights pursuant to the Performance Bond, The County may apply the Performance Bond toward
any damages incurred or it may seek performance or damages from the Contractor's Guarantor.
10,1.6 If the Contractor has abandoned performance under this Agreement, then the
County may terminate this Agreement three (3) calendar days after providing written notice to
the Contractor of its intention to do so, The notice shall state the evidence indicating the
Contractor's abandonment For purposes of this paragraph, abandonment constitutes ceased
operations for a sufficiently long period oftime that results in failure to perform the terms of this
Agreement and evidences an intent on the part of the Contractor not to continue to perform in
compliance with this Agreement
10,1.7 Notwithstanding any other provision contained herein, if the Commission decides
to terminate this Agreement because of the Contractor's default, the Commission shall have the
exclusive authority to designate the time and date when the termination shall take effect The
Contractor shall provide its services in compliance with the requirements ofthis Agreement until
the time and date designated by the Commission for termination,
10.2 Insolvencv of Contractor
Either the appointment of a receiver to take possession of all or substantially all of the
assets of the Contractor, or a general assignment by Contractor for the benefit of creditors, or any
action taken by or suffered by Contractor under any insolvency or bankruptcy act, shall
constitute a material breach of this Agreement by Contractor. In such cases, the County may
terminate this Agreement three (3) Days after giving notice to the Contractor of its intent
10,3 Suspension of Work
The County shall have the right to suspend all or any of the portions of the work on the
Project, without cause, by giving Contractor two (2) calendar days' prior written notice of such
suspension, If the work is suspended without cause for more than one (1) Day, Contractor shall
be entitled to compensation for the reasonable costs incurred by Contractor that would not have
been incurred if the County had not suspended the work, Under such circumstances, the
Contractor also shall be entitled to a reasonable extension of time to the approved Progress
Schedule for the work, If the suspension exceeds two (2) consecutive months or a total of three
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months, the Contractor shall have the right to tenninate this Agreement with respect to the
portion ofthe work that was suspended,
If the County suspends all or any portion of the work for cause, the Contractor's sole and
exclusive remedy shall be to seek an extension of time to the approved Progress Schedule for the
work, Approval of such extension shall not be unreasonably withheld, Under such
circumstances, Contractor shall not be entitled to any damages or additional compensation,
including but not limited to delay damages,
10.4 Insufficient Funds
If the Commission fails to appropriate sufficient funds for the completion of this Project,
the County Manager may give notice of tennination to the Contractor, In such circumstances,
the Contractor shall tenninate its work on this Project on the date indicated in the County's
notice, and the Contractor shall be paid only for that portion of the work that was completed on
or before the date oftennination, The Contractor shall not be entitled to recover any anticipated
profits or expenses from the County for any portions of the work that were not completed, except
for reasonable costs incurred by the Contractor as a result of the tennination, including but not
limited to the cost of demobilization,
Notwithstanding anything else contained herein, the County's failure to budget funds
shall not release the County trom its obligation to pay the Contractor for the work that is
completed in compliance with the requirements in this Agreement
10.5 Dama!(es
If the County or the Contractor breaches this Agreement, the other Party shall take all
commercially reasonable steps to mitigate its damages, losses, costs, and expenses, Neither
Party shall be liable to the other under this Agreement for punitive, consequential, indirect, or
special damages, losses, costs, or expenses,
SECTION 11: OPERATIONS DURING DISPUTE
If a dispute arises between the County, the Contractor, or any other Person concerning the
Contractor's performance, rights, or compensation under this Agreement, the Contractor shall
continue to perfonn its duties in strict compliance with the requirements of this Agreement,
regardless of the pending dispute,
SECTION 12: DISPUTE RESOLUTION PROCESS
12,1 The County and Contractor agree to cooperate and act in good faith at all times
when dealing with each other. If a dispute arises between the parties, the parties shall attempt to
resolve their differences quickly and informally, If they are unable to do so, they shall seek
relief by following the procedures in Section 12,8, below, or by initiating a non-binding
mediation process, pursuant to Section 12,2, below, The parties may follow the procedures in
Section 12,9 for binding arbitration if the dispute concerns the payment of liquated damages and
the disputed amount is less than fifty thousand dollars ($50,000),
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12,2 All claims, disputes and controversies arising out of or related to the performance,
interpretation, application or enforcement of this Agreement, including but not limited to claims
for payment and claims for breach of this Agreement, shall be referred to non-binding mediation
before initiation of any adjudicative action or proceeding, at law or in equity, unless it shall be
unreasonable to do so or an emergency situation or necessity dictates otherwise, All applicable
statutes of limitations and defenses based on the passage of time shall be tolled while the
mediation process is pending, The parties shall take all reasonable measures necessary to
effectuate such tolling,
12.3 The Contractor and County agree to participate fully in the mediation process and
conscientiously attempt to resolve their dispute, Except as provided below, each Party shall bear
its own expenses in connection with the mediation, Both parties shall pay equally for the
services of the mediator. The mediation shall take place in Collier County, Florida,
12,4 Notwithstanding the foregoing, if either Party terminates this Agreement for
cause, the terminating Party shall have the right, in its sole discretion, to proceed directly with
litigation of any claims or disputes relating to the termination for cause and may include other
claims and disputes unrelated to the termination, and shall not be required to submit such claims
or disputes to the mediation,
12.5 The parties agree that any claim filed in state or federal court concerning this
Agreement shall be heard by ajudge, sitting without a jury,
] 2,6 The County and the Contractor hereby knowingly, voluntarily, and permanently
waive any right they may have to a jury trial concerning the performance, interpretation,
application or enforcement of this Agreement
12,7 In any litigation conceming this Agreement, the prevailing Party shall recover its
costs and reasonable attorney's fees from the non-prevailing Party, including the fees and costs
incurred in any trial, appeal, and mediation, if any, concerning the issue(s) in dispute,
12,8 When a dispute between the Project Manager and the Contractor is pending or
threatened, the Contractor shall attempt to resolve the dispute with the Purchasing Director. If
this attempt is unsuccessful, either Party may initiate a non-binding mcdiation process, in
accordance with the provisions of Section 12,2, above, In addition, at anytime during the dispute
resolution process, the Contractor may request the County Manager to consider the disputed
issue, The Contractor's written request shall be delivered to the Purchasing Director and it shall
describe the Contractor's proposed solution for resolving the dispute, The Purchasing Director
and the County Manager may request, and the Contractor shall timely provide, any additional
information that is reasonably necessary to evaluate the disputed issue and the Contractor's
proposaL The County Manager shall fully and fairly consider the Contractor's proposal in a
timely manner. Upon request, the County Manager shall meet with the Contractor and discuss
its proposaL If the County Manager rejects the Contractor's proposal in whole or in part, the
Contractor may submit a 'Wyitten request to the County Manager for an opportunity to present its
proposed solution to the Commission, Thereafter, the Contractor shall be allowed to present its
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Pa~tJ53iliQj'f 137
proposal to the Commission at a duly noticed public meeting, The Commission may accept or
reject the Contractor's proposal, or take other action that the Commission deems appropriate, in
the Commission's sole discretion,
12,9 If a dispute arises concerning the County's decision to assess liquidated damages
pursuant to this Agreement, the Contractor may request binding arbitration, In such cases, the
arbitration shall be conducted in compliance with the provisions set forth below,
12,9, I Arbitration shall not be used in any case involving a dispute where the
amount in controversy is more than fifty thousand dollars ($50,000), exclusive of interest, costs,
and any attorneys fees that may be applicable,
12,9.2 Every arbitration of a dispute shall be conducted in accordance with the
Commercial Arbitration Rules ("Rules") of the American Arbitration Association ("AAA"),
subject to the expedited procedures set forth below and the other provisions of this
Agreement In the event of a conflict, the provisions of this Agreement shall control the
arbitration,
12,9.3 The arbitration shall be conducted by one arbitrator, who shall be
independent, impartial and neutral with respect to the Parties and the subject matter submitted for
arbitration,
12,9,4 Except in extraordinary circumstances, the AAA or the arbitrator shall
grant a Party no more than one seven-day extension of time to respond to the demand for
arbitration,
12,9,5 A claim for liquidated damages may be increased in amount, or a new or
different claim added, upon the agrcement of the other Party, or the consent of the arbitrator.
After the arbitrator is appointed, however, no new or different claim may be submitted, except
with the arbitrator's consent If the increased claim causes the total amount in controversy to
exceed $50,000, the case shall be handled through mediation or litigation, unless all Parties and
the arbitrator agree that the case may continue to be resolved through arbitration,
12,9,6 The arbitrator shall be appointed in accordance with the following
procedure:
(a) The AAA shall simultaneously submit to each Party an identical list of five proposed
arbitrators drawn from its National Roster,
(b) The Parties are encouraged to agree to an arbitrator from this list and to advise the
AAA of their agreement If the Parties are unable to agree upon an arbitrator, each Pal1y may
strike two names from the list and return it to the AAA within ten (10) days from the date of the
AAA's mailing to the Parties, If for any reason the appointment of an arbitrator cannot be made
from the list, the AAA may make the appointment from other members of the panel, without the
submission of additional lists,
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(c) The Parties will be given notice by the AAA of the appointment ofthe arbitrator, who
shall be subject to disqualification for the reasons specified in Section R-17 of the Rules, The
Parties shall notify the AAA within ten (10) days of any objection to the arbitrator appointed,
Any such objection shall be for cause and shall be confirmed in writing to the AAA with a copy
to the other Party,
]2,9,7 At least five (5) business days prior to the hearing, the Parties shall
exchange copies of all exhibits they intend to submit at the hearing, The arbitrator shall resolve
disputes concerning the exchange of exhibits,
12,9,8 In cases where the claims do not exceed ten thousand dollars ($10,000),
exclusive of interest and arbitration costs, and other cases in which the Parties agree, the dispute
shall be resolved based upon the submission of documents, unless one of the Parties request an
oral hearing or the arbitrator determines that an oral hearing is necessary, The arbitrator shall
establish a fair and equitable procedure for the submission of documents,
12,9,9 In cases in which a hearing is to be held, the arbitrator shall set the date,
time, and place of the hearing, which shall be scheduled to take place within forty-five (45) days
of confirmation of the arbitrator's appointment, unless the Parties agree otherwise, The AAA
shall notify the Parties at least thirty (30) days in advance of the hearing date,
12,9,10 Each Party shall have equal opportunity to submit its proof and complete
its case at any hearing, The arbitrator shall determine the order of the hearing, and may require
the submission of additional documents within ten (] 0) business days after the hearing, For good
cause shown, the arbitrator may schedule additional hearings, as necessary,
]2,9,] I There will be no stenographic record, Any Party desiring a stenographic
record may arrange for one,
12,9.12 Unless otherwise agreed by the Parties, the arbitrator's decision shall be
rendered no later than fourteen (14) days after the date of the hearing or, if the hearing has been
waived, from the date of the AAA's transmittal of the final statements and proofs to the
arbitrator.
12,9,13 Arbitrators will receive compensation at a rate to be suggested by the
AAA regional office, The arbitrator's fee shall be paid by the non-prevailing Party or as
otherwise determined by the arbitrator.
SECTION 13: INDEMNIFICATION AND HOLD HARMLESS
Contractor shall defend, and to the extent of its fault, Contractor shall protect, indemnify,
and hold harmless the County, from and against any and all claims, liabilities, costs, expenses
(including but not limited to reasonable attorneys' fees, and expenses of investigations,
mediation, and litigation, whether at trial, on appeal, or otherwise), fines, penalties, and damages
(collectively referred to in this Section 13 as "Claims"), which the County may at any time
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suffer, sustain, or become liable for because of: (a) the improper handling, transportation,
management, or disposal of any Solid Waste, leachate, or other material or liquid managed by
the Contractor under the provisions of this Agreement; (b) the Contractor's violation of any
Applicable Law; (c) the Contractor's breach of this Agreement; (d) the Contractor's negligence
or intentional or willful misconduct; or (e) the breach of, misrepresentation in, untruth in, or
known inaccuracy in any representation, warranty, or covenant of Contractor set forth in this
Agreement
Contractor shall not be obligated to defend and indemnify the County under this
Agreement for any Claims that are solely based on (a) an adverse impact on the environment or
an environmental condition that was pre-existing on the Site when the Contractor commenced
operations at the Landfill pursuant to the Landfill Operating Agreement or (b) any Solid Waste,
leachate, or other material or liquid that is left in the Work Area pursuant to the written
instructions of the Project Manager.
For the purpose of this Section 13, the "County" shall be deemed to include the County
Commissioners and the County's officers, agents, consultants, employees and affiliates, and the
"Contractor" shall be deemed to include the Contractor's subcontractors, sub-subcontractors of
any tier, and their respective officers, agents, employees, and affiliates,
Nothing in this Agreement shall be construed in any way to affect the County's rights,
privileges, and immunities as set forth in Florida Statutes Section 768.28, as amended from time
to time, This indemnity and hold harmless obligation requirement does not limit any additional
compensation available from insurance, bonding, or equitable and legal remedies available under
this Agreement
Contractor's duty to defend the County is separate from the Contractor's duty to
indemnifY, The duty to defend exists regardless of any ultimate liability of Contractor, the
County and any indemnified Party, The duty to defend arises immediately upon presentation of
a Claim by any Person and written notice of such Claim being provided to Contractor.
Contractor's obligation to indemnify and its duty to defend shall survive, and shall
remain in full force and effect, notwithstanding the expiration or earlier termination of this
Agreement, until it is determined by final judgment that an action against the County or an
indemnified Party for the matter indemnitied hereunder is fully and finally barred by the
applicable statute of limitations,
SECTION 14: CONTRACTOR'S INSURANCE
To the extent that the insurance coverage provided by the Contractor under the Landfill
Operating Agreement does not satisfy the requirements herein, Contractor shall maintain, on a
primary basis and at its sole expense, at all times after the Effective Date until this Agreement is
terminated, the fo llowing insurance coverages, with the limits and endorsements described
herein, The requirements contained herein, as well as the County's review or acceptance of
insurance maintained by the Contractor, shall not in any manner limit or qualifY the liabilities or
obligations assumed by Contractor under this Agreement
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14.1 Commercial General Liabilitv
Contractor shall maintain Commercial General Liability at a limit of liability not less than
$1,000,000 Each Occurrence / $1,000,000 General Aggregate, Coverage shall not contain any
endorsement(s) excluding nor limiting Product/Completed Operations, Contractual Liability or
Cross Liability,
14.2 Business Automobile Liabilitv
Contractor shall maintain Business Automobile Liability at a limit of liability not less
than $1,000,000 Combined Single Limit / Each Accident, Coverage shall include liability for
Owned, Non-Owned & Hired automobiles,
14,3 Pollution Liabilitv
Contractor shall maintain Pollution Liability (i,e" environmental impairment) for sudden
and non-sudden events at a minimum limit not less than $10,000,000 Each Occurrence /
$10,000,000 Aggregate, For policies written on a "Claims-Made" basis, Contractor shall
maintain a Retroactive Date prior to or equal to the Effective Date of this Agreement In the
event the policy is canceled, non- renewed, switched to an Occurrence Form, retroactive date
advanced, or any other event triggers the right to purchase a Supplemental Extended Reporting
Period (SERP) coverage during the term of this Agreement, Contractor agrees to purchase a
SERP with a minimum reporting period not less than two (2) years, The requirement to purchase
a SERP shall not relieve Contractor ofthe obligation to provide replacement coverage,
14.4 Excess Liabilitv
Contractor shall maintain Excess Liability at a limit of liability not less than $5,000,000
Each Occurrence I $5,000,000 Aggregate, Contractor shall include each required policy herein as
an underlying policy on the Excess Liability, Contractor shall endorse the County as an
"Additional Insured" on the Umbrella or Excess Liability, unless the Certificate of Insurance
states the Excess Liability provides coverage on a "True Following-Fonn" basis, This liability
may be satisfied by Umbrella Liability form, and the limit may be satisfied by multiple layers of
coverage,
14,5 Worker's Compensation Insurance & Em plovers Liabilitv
Contractor shall maintain Worker's Compensation Insurance & Employers Liability in
accordance with Chapter 440, Florida Statutes, Contractor shall maintain Employer Liability
Limits not less than $1,000,000 Each Accident, $1,000,000 Disease Each Employee, and
$1,000,000 Disease Policy Limit
14,6 Additional Insured Endorsements
Contractor shall endorse its insurance with the County as an Additional Insured as
follows: (I) for the Commercial General Liability, the Contractor shall endorse the County with
either a CG 2026 Additional Insured - Designated Person or Organization endorsement or CG
20 I 0 Additional Insured - Owners, Lessces, or Contractors - Scheduled Person or Organization
27
Agenda Item No, 10H
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Pa@tl5211PQj'f 137
endorsement, or similar endorsement; (2) for the Business Automobile Liability, the Contractor
shall endorse the County with a CA 2048 - Designated Insured, or similar endorsement; (3) for
the Pollution Liability, the Contractor shall endorse the County with the standard Additional
Insured endorsement filed by the insurer for use in the State of Florida; and (4) for the Excess
Liability, the Contractor shall endorse the County as an "Additional Insured" on the Umbrella or
Excess Liability, unless the policy provides coverage to the underlying policies on a "True
Following-Form" basis, The Additional Insured shall read "County of Collier" for all
endorsements,
14,7 Waiver of Subro!!ation
Contractor agrees to a Waiver of Subrogation for each policy required herein, When
required by the insurer, or should a policy condition not permit Contractor to enter into an pre-
loss agreement to waive subrogation without an endorsement, then Contractor agrees to notify
the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery
Against Others, or its equivalent This Waiver of Subrogation requirement shall not apply to any
policy that includes a condition specifically prohibiting such an endorsement, or voids coverage
should Contractor enter into such an agreement on a pre-loss basis,
14.8 Certificate(s) ofInsurance
Within thirty (30) calendar days after the Effective Date, Contractor shall provide County
a Certificate(s) of Insurance evidencing that all coverages, limits, deductibles, self-insured
retentions and endorsements required herein are maintained and in full force and effect Said
Certificate(s) of Insurance shall include a minimum thirty (30) calendar day duty to notify due to
cancellation, material change in coverage, or non-renewal of coverage, The Certificate Holders
should read:
Original to:
Collier County
County Attorney
County Attorney's Office
3301 E, Tamiami Trail, 8th Floor
Naples, FL 34112
Copy to:
Collier County
Risk Manager
Risk Management Department
330 I E, Tamiami Trail
Naples, FL 34112
14.9 Deductibles or Self-insured Retentions
Contractor shall be fully and solely responsible for any costs or expenses as a result of a
coverage deductible, coinsurance penalty, or self-insured retention, When a self-insured retention
or deductible exceeds $100,000 for any of the foregoing required policies, the County reserves
the right, but not the obligation, to review and request a copy of the most recent annual report or
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audited financial statements for the Contractor's parent corporation (Waste Management Inc,) to
determine the reasonability of the retention levels, based on the financial capacity of Contractor's
parent However, Contractor shall not be required to modify or amend its insurance coverage or
retentions, nor will it be required to obtain bonding, a parent corporation guarantee, or take other
actions with regard to such deductibles or retention, provided Contractor complies with the other
requirements herein,
14.10 Rieht to Revise or Reject
The County reserves the right, but not the obligation, to reject any insurance policy that
fails to comply with the criteria contained herein or to revise any insurance requirement, not
limited to limits, coverage, deductibles, self-insured retentions or endorsements; provided,
however, that any revisions to the insurance requirements shall be paid for by the County,
Additionally, the County reserves the right, but not the obligation, to review or reject any insurer
providing coverage due to its poor financial condition or failure to operate in compliance with
Applicable Laws,
SECTION 15: PERFORMANCE BOND
The Contractor shall furnish to the County an irrevocable Performance Bond for the
faithful performance of this Agreement and all of the Contractor's obligations hereunder. The
Performance Bond shall be in the amount of Five Million Dollars ($5,000,000), The form and
content of the Perfonnance Bond shall be substantially the same as the draft bond in Exhibit E,
and shall be subject to the approval of the County, The Performance Bond shall be issued by a
surety company that is acceptable to the County, At a minimum, the surety company shall be
rated "A+" or better as to management and "FSC XV" or better as to strength by Best's Insurance
Guide or Surety, and shall be listed on the D,S, Treasury Department's list of acceptable sureties
for federal bonds, The Surety shall have been in business and have a record of successful and
continuous operation for at least five years, The Performance Bond shall: (a) contain any
applicable provisions required by Section 255,05, Florida Statutes; (b) guarantee the
performance of the Agreement; (c) serve as security for the payment of all Persons performing
labor and furnishing materials in connection with this Agreement; and (d) not be canceled or
altered without at least thirty (30) calendar days prior notice to the County, The Contractor shall
furnish the Performance Bond to the County within thirty (30) calendar days after the Effective
Date,
Maintenance of the Performance Bond and the performance by the Contractor of all of
the obligations under this section shall not relieve the Contractor of liability under the default
and termination provisions set forth in this Agreement or from any other liability resulting from
any breach of this Agreement The Performance Bond may be "called" and used if there is any
default or breach of this Agreement by the Contractor. Calling or using the Performance Bond
shall not restrict or preclude the use of any additional or other remedies available to the County
against the Contractor for breach, default or damages,
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SECTION 16: ASSIGNMENT OF AGREEMENT
No assignment of this Agreement or any right or responsibility occurring under this
Agreement shall be made in whole or in part by the Contractor without the express written
consent of the Commission, The Commission shall have the right to approve or deny, with or
without cause, any proposed or actual assignment by the Contractor, Any assignment of this
Agreement made by the Contractor without the express written consent of the Commission shall
be null and void and shall be grounds for the County to declare a default of this Agreement In
such cases, the Commission may terminate this Agreement by giving written notice to the
Contractor, and upon the date of such notice, this Agreement shall be deemed immediately
terminated, Upon such termination all liability of the County under this Agreement to the
Contractor shall cease, except for the amounts due and owing for work completed at that time,
Thereafter, the County shall have the right to call the Performance Bond and shall be free to
negotiate with any Person for the service which is the subject of this Agreement
In the event that the Commission's consent to any proposed assignment is denied,
Contractor shall continue to provide all of the services required herein for the remainder of the
term, If any assignment is approved by the Commission, the assignee shall fully assume all of
the liabilities of the Contractor.
The requirements of this Section 16 shall include, but not be limited to cases where the
Contractor hires a subcontractor to undertake all or substantially all of the Contractor's
obligations under this Agreement
SECTION 17: TRANSFER OF AGREEMENT
The transfer of this Agreement, by transfer of ownership, transfer of corporate shares, or
any other means to effect a change in the ownership structure of the Contractor, shall be effective
only after approval by the Commission, Any transaction that results in the Contractor or its
assets being purchased by or merged with another Person shall constitute a transfer of this
Agreement, which is subject to the County's approval. An application to transfer this Agreement
shall be submitted jointly by the proposed transferor and transferee, and shall contain the same
information that was necessary for the granting of this Agreement pursuant to the County's RFP,
The proposed transferee shall verify in writing that (a) it will comply with all of the requirements
in this Agreement and (b) it has the financial resources, expertise, equipment and other
capabilities necessary to do so, The Commission may grant or deny the application for transfer,
or may grant the application subject to conditions,
SECTION 18: SUBSEQUENT COUNTY ORDINANCES
Nothing contained in any County Ordinance hereafter adopted shall be construed to
affect, change, modifY or otherwise alter the duties, responsibilities, and operations of the
Contractor under this Agreement, unless it is agreed to in writing by both the Contractor and the
County and this Agreement is amended accordingly,
SECTION 19: AMENDMENTS TO THE AGREEMENT
30
Agenda Item No, 10H
October 23, 2007
PaljE!54l9'Qj'f 137
19.1 General Reauirements
This Agreement constitutes the entire Agreement and understanding between the parties
hereto, This Agreement shall not be considered modified, altered, changed or amended in any
respect unless the Agreement is amended in writing and the amendment is signed by the
Contractor and the Commission or its designee, Any amendment to the Agreement must comply
with the County's purchasing policies and administrative procedures in effect when such
amendment is executed,
19.2 County Power to Amend Ae:reement
The Commission shall have the power to make changes in this Agreement relative to the
scope and method of providing remediation services, when the Commission deems it necessary
and desirable for the public welfare, The Project Manager shall give the Contractor notice of any
proposed change and an opportunity to be heard concerning any relevant matters, The County
and Contractor agree to enter into good faith negotiations to modifY this Agreement, as
necessary, If the negotiations do not resolve all of the issues raised by the parties, the parties
shall use the dispute resolution procedures in Section 12 to address any remaining issues,
19,3 Amendments Due to Chane:es in Law
The County and the Contractor understand and agree that changes in the Applicable Laws
may require amendments to some of the conditions or obligations of this Agreement In the
event any future change in any Applicable Law materially alters the obligations of the Contractor
or the County, then this Agreement may need to be modified, The County and Contractor agree
to enter into good faith negotiations regarding amendments to this Agreement, which may be
required in order to implement changes for the public welfare or due to a Change in Law, If the
negotiations do not resolve all of the issues raised by the parties, the parties shall use the dispute
resolution procedures in Section 12 to address any remaining issues,
SECTION 20: WAIVER OF RIGHTS
No delay or failure to exercise a right under this Agreement shall impair such right or
shall be construed to be a waiver thereof, but such right may be exercised from time to time and
as often as deemed expedient The failure of the County or Contractor at any time to require
perfonnance by the other Party of any term in this Agreement shall in no way affect the right of
the County or Contractor thcreafter to enforce same, Nor shall waiver by the County or
Contractor of any breach of any term of this Agreement be taken or held to be a waiver of any
succeeding breach of such tenn or as a waiver of any term itself To be effective, any waiver
shall be in writing and signed by the Party granting such waiver. Any such waiver shall be
limited to the particular right so waived and shall not be deemed to waive any other right under
this Agreement
SECTION 21: GOVERNING LAW AND VENUE
The laws of the State of Florida shall govern the rights, obligations, duties and liabilities
of the parties to this Agreement and shall govern the interpretation of this Agreement This
31
Agenda Item No, 10H
October 23, 2007
Pa~/j~"PQj'f 137
Agreement shall be deemed to have been made and executed in Collier County, Florida, Any
and all legal actions necessary to enforce this Agreement shall be held and maintained solely in
Collier County, Florida,
SECTION 22: COMPLIANCE WITH LAWS AND REGULATIONS
Contractor shall at all times comply with all Applicable Laws now in effect or hereafter
enacted, which are applicable in any way to Contractor, its officers, employees, agents, or
subcontractors, including, but not limited to, those Applicable Laws dealing with taxation,
workers compensation, equal employment and safety (including, but not limited to, the Trench
Safety Act, Chapter 553, Florida Statutes), ,
By executing and entering into this Agreement, Contractor is formally acknowledging,
without exception or stipulation, that it is fully responsible for complying with the provisions of
the Immigration Reform and Control Act of 1986, located at 8 U,S,C 1324, et seq" and
regulations relating thereto, as either may be amended,
SECTION 23: EQUAL OPPORTUNITY EMPLOYMENT
Contractor agrees that it shall not discriminate against any employee or applicant for
employment for work under this Agreement because of handicap, race, color, religion, sex, age,
or national origin and shall take affirmative steps to ensure that applicants are employed and
employees are treated during employment by Contractor without regard to race, color, religion,
sex, age or national origin, This provision shall include, but not be limited to, the following:
employment upgrading, demotion or transfer; recruitment advertising; layoff or termination;
rates of payor other forms of compensation; and selection for training, including
apprenticeships, Contractor agrees to furnish the County with a copy of its Affilmative Action
Policy, upon request.
SECTION 24: AGREEMENT DOCUMENTS
This Agreement and the following documents comprise the entire Agreement between the
County and Contractor, The following documcnts are attached to this Agreement and they are
incorporated in this Agreement by this reference:
Exhibits A through Exhibit G, RFP# 07-4138 "Reclamation of Collier County
Landfill Cells I and 2", and Contractor's Proposal Response
After the Effective Date, the Agreement shall be supplemented with the following:
Performance Bond
Insurance Certificates
Progress Schedule
32
Agenda Item No, 10H
October 23. 2007
PeJll€!:i@Q'J! 137
Mining Plan
Any changes and/or amendments to this Agreement that are approved by the
County and Contractor
There are no Agreement documents other than those listed above,
SECTION 25: ALL PRIOR AGREEMENTS SUPERSEDED
This Agreement incorporates and includes all prior negotiations, correspondence,
conversations, agreements and understandings applicable to the matters contained in this
Agreement The parties agree that there are no commitments, agreements or understandings
concerning the subject matter of this Agreement that are not contained herein, Accordingly, it is
agreed that no deviation from the terms of this Agreement shall be predicated upon any prior
representations or agreements, whether oral or written, This Agreement shall supersede all prior
agreements between the parties regarding the matters addressed herein,
SECTION 26: WARRANTIES BY THE PARTIES
26, I The County provides no warranty or guaranty concerning the quantity,
characteristics, or composition of the Solid Waste, soils, or other materials in Cells I and 2,
26.2 The County makes no warranty or guaranty concerning the accuracy of any verbal
or written statement regarding the conditions in, on, or around Cells I and 2, including, but not
limited to any statements (a) contained in the PSI Report or other documents or (b) made by any
representative of the County or other Person,
26.3 The Contractor acknowledges and agrees that it has conducted its own due
diligence investigation concerning the conditions in Cells 1 and 2, as well as the conditions on
the Site, The Contractor agrees it is solely responsible for evaluating the conditions on the Site,
26,4 The Contractor operates the Landfill and other Solid Waste management facilities
on the Site pursuant to the Landfill Operating Agreement The Contractor acknowledges and
agrees that, pursuant to the provisions of the Landfill Operating Agreement, the Contractor is
responsible for placing any soil or other fill material needed to increase the bottom elevation of
the Work Area to an appropriate level for the construction of new Solid Waste disposal areas
following the completion of the Project The County has no obligation to payor otherwise
arrange for the placement of fill material in the excavation that will remain after the completion
of the Project
26,5 The Landfill Operating Agreement provides that Contractor shall indemnify,
defend, and hold the County harmless from claims associated with the Contractor's activities
under the Landfill Operating Agreement The Contractor hereby agrees that the Contractor shall
continue to indemnify, defend, and hold the County harmless for the Contractor's operation of
any new Solid Waste disposal area created on Cells 1 and 2, provided that (a) the County allows
the Contractor to excavate and remove the Solid Waste from Cells I and 2 in compliance with
33
Agenda Item No, 10H
October 23, 2007
Pd@!!54-Cl'Qj'f 13 7
the terms of this Agreement and (b) the County complies with its obligations under this
Agreement
SECTION 27: HEADINGS
Headings in this document are for convenience of reference only and are not to be
considered in any interpretation of this Agreement
SECTION 28: INTERPRETATION OF AGREEMENT
Both parties acknowledge that they are represented by legal counsel and they have had
meaningful input into the terms and conditions contained in this Agreement Therefore, any
doubtful or ambiguous provisions contained herein shall not be construed against the Party that
physically prepared this Agreement The rule sometimes referred to as "Forti us Contra
Proferentum" shall not be applied to the interpretation of this Agreement
SECTION 29: SURVIVABILITY OF AGREEMENT
Any term, condition, covenant, or obligation which requires performance by a Party
subsequent to termination of this Agreement shall remain enforceable against such Party
subsequent to such termination,
SECTION 30: SEVERABILITY OF AGREEMENT
The definitions and provisions contained in this Agreement shall not be construed to
require the County or the Contractor to take any action that is contrary to any Applicable Law,
Should any provision, paragraph, sentence, word or phrase contained in this Agreement be
determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable
under the laws of the State of Florida or the County, such provision. paragraph, sentence, word
or phrase shall be deemed modified to the extent necessary in order to conform with such laws,
or if not modifiable, then same shall be deemed severable, and in either event, the remaining
terms and provisions of this Agreement shall remain unmodified and in full force and effect
This Agreement shall be construed as if such invalid, illegal, void or unenforceable provision had
never been contained herein,
To the extent any law, rule, regulation, code, statute, or Ordinance requires the inclusion
of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall
be deemed to be included in this Agreement
SECTION 31: FAIR DEALING
The Contractor declares and warrants that the Contractor enters into this Agreement
without reliance on or engaging in any collusion, bribery or fraud, that all of the Contractor's
representations in this Agreement are made fairly and in good faith, and that no County
Commission member, County officer, or County employee, directly or indirectly owns more than
34
Agenda Item No, 10H
October 23, 2007
Pa~id~Qj'f 137
I % of the total assets or capital stock of the Contractor, nor will any such Person directly or
indirectly benefit by more than 1 % from the profits or emoluments of this Agreement, nor has
the Contractor provided any gift to any such Person or their family, The Contractor warrants that
it has not employed or retained any company or Person, other than a bona fide employee
working solely for the Contractor, to solicit or secure this Agreement, and the Contractor has not
paid or agreed to pay any Person, company, corporation, individual or firm, other than a bona
fide employee working solely for the Contractor, any fee, commission, percentage, gift or any
other compensation contingent upon or resulting from the award or making of this Agreement
Further, the Contractor declares and warrants that the Contractor is not subject to the restrictions
in Sections 287,133 and 287,134, Florida Statutes, for a public entity crime,
SECTION 32: SOVEREIGN IMMUNITY
Nothing in this Agreement shall be interpreted or construed to mean that the County
waives its common law sovereign immunity or the limits on liability set forth in Section 768.28,
Florida Statutes,
SECTION 33: REMEDIES NOT EXCLUSIVE
The remedies specified in this Agreement shall supplement, and not be in lieu of, any
other remedies provided at law or in equity, The payment of any liquidated damages by the
Contractor shall not constitute a defense for the Contractor, nor an election of remedies by the
County, nor serve as the basis for a claim of estoppel against the County, nor prevent the County
from terminating this Agreement The County's decision to refrain from assessing liquidated
damages, or suspending or terminating this Agreement, or seeking any other relief from any
failure in the Contractor's performance, shall not constitute a waiver of the County's right to
pursue any other remedy or a waiver of its right to pursue a remedy for any future failure by the
Contractor, No remedy conferred by this Agreement is intended to be exclusive of any other
remedy, Each and every such remedy shall be cumulative and shall be in addition to every other
remedy given hereunder or now or hereafter existing at law or in equity, by statute or otherwise,
No single or partial exercise by any Party of any right, power, or remedy hereunder shall
preclude any other or nlliher exercise thereof
SECTION 34: NOTICES TO PARTIES
All notices, requests, authorizations, approvals, protests, and petitions provided for herein
shall be in writing, Such documents shall be addressed as shown below and either (a) hand
delivered, (b) mailed by registered or certified mail (postage prepaid), return receipt requested, or
(c) sent by telecopy, The documents shall be deemed to have been duly delivered when
personally delivered, or when transmitted by telecopier and receipt is confirmed by telephone, or
when delivered by V,S, Mail or courier service, as shown by the return receipt For the present,
the Contractor and the County designate the following as the appropriate people and places for
delivering notices and other documents:
As to County:
Stephen y, Carnell
35
Agenda Item No, lOH
October 23, 2007
Pa~i!54-31Qjf 137
Purchasing and General Services Director
Collier County
Purchasing Building G
3301 E, Tamiami Trail Naples, FL 34112
Telephone: 239-252-8371
Facsimile: 239-732-0844
County Attorney
Collier County
Administration Building F, 8th Floor
3301 E, Tamiami Trail
Naples, FL 34112
Telephone: 239-252-8400
Facsimile: 239-774-0225
As to Contractor:
Chuck Dees
Waste Management Inc, of Florida
5221 State Road 776
Venice, FL 34293
Telephone: 941-497-8029
Facsimile: 941-497-8035
Copy to:
Ron Kaplan, Assoc, General Counsel - South
Waste Management Inc, of Florida
2700 NW 48tj Street
Pompano Beach, FL 33073
Telephone: 954-984-202]
Facsimile: 954-984-2057
Both parties reserve the right to designate a different representative or representatives in the
future, or to change the addressees) for notice, by providing written notice to the other Party of
such change,
SECTION 35: INDEPENDENT CONTRACTOR
When performing the activities required by this Agreement, the Contractor will be acting
in the capacity of an independent contractor and not as an agent, employee, partner, joint
venturer or associate of the County, The Contractor shall be solely responsible for the means,
methods, and procedures used by the Contractor to perform under this Agreement Neither the
Contractor nor any of its employees, officers, agents or subcontractors shall represent, act,
purport to act, or be deemed to be the agent, representative, employee, or servant of the County,
The Contractor shall have no authority to bind the County to any agreement or contract No
Person performing any work or services for the Contractor under this Agreement shall be entitled
to any henefits available or granted to employees of the County,
36
Agenda Item No, 10H
October 23, 2007
Pa~54l9QJf 1 37
IN WITNESS WHEREOF, the parties have made and executed this Agreement, as attested to by
the signature of their duly authorized officers or representatives and their official seals affixed
hereon, the day and year first above written,
Attest:
DWIGHT E, BROCK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Deputy Clerk
By:
JAMES COLLETT A, CHAIRMAN
By:
_ day of
,2007
Approved as to legal sufficiency:
By:
Robert N, Zachary, Esg"
Assistant County Attorney
_ day of
,2007
(COUNTY SEAL)
37
Agenda Item No, 10H
October 23, 2007
PiJ@@;;:;nQJf 137
WlTNESSES:
WASTE MANAGEMENT INC-
OF FLORlDA
BY:
BY:
Signature
Signature
Print Name and Title
Print Name and Title
_ day of
,2007
_ day of
,2007
Signature
Print Name and Title
_ day of
,2007
ATTEST:
SECRETARY
STATE OF FLORIDA )
) SS:
COUNTY OF COLLIER )
BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments,
personally appeared as of Waste Management Inc, of
Florida, an organization authorized to do business in the State of Florida, and acknowledged
executing the foregoing Agreement as the proper official of Waste Management Inc, of Florida
for the use and purposes mentioned in it and affixed the official seal of the corporation, and that
the instrument is the act and deed of that corporation, He/she is personally known to me or has
produced as identification,
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and
County aforesaid on this day of ,2007,
NOTARY PUBLIC
My Commission Expires:
38
Agenda Item No, 10H
October 23, 2007
IOIlIV2iW1l8 of 137
Exhibit "A" to Landfill Reclamation Agreement:
Definitions
Table of Contents
Acceptable Waste "" ''''''''''''''''''''''''''''','' ,",,",,"" ,"""" "'''''',,' '''''''''',' '"'' '''' "",' ",,",' '"'' I
Agreement""", ""'" ,,',"""""" """""""""""""""""""" ""',','" "',' """"""""""'" """""" I
Applicable Law""" '''''''''' """"""" '''''''''''''''''''''''''''''''' '" '''''''' '"'''''''''''''''''' """ """"'"'' I
Change in Law """,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,""',,"""'"'''''''''''''''' I
Change Order"" '''''''''''''''''' '"'''''' ,"",'"',''''' '"'''''''''''''''''''''''''' '''''''''''''''' '''''''''' '"'''''' '"'' 1
Citations""", """"""""" ,'," ,,"""""""""""'" """"'" """""" """""'" ""'" """"" """"'" '" 1
Collier County Landfill """"""",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,"",,,,,,,,,,,,,,,,,1
Commencement Date""" ,,,'''''''''''''''' '''''''''''''' '"'''''' '''' '"'' '" '''''''' '''''''' '''''''''''''''' '''''''''''' 1
Comm ission """""" ,"" ,"""""""""'" '"'' '"'' ""'"'''''''''' '''''''' '"'' '"'''' '" '"'' '"'''' '''''''''''' '"'' 1
Construction and Demo lition Debris"",,, '''~, '"'' ''''''',,'''' "",," "","',,,",""" '''''''''''''''''' ,,,,,,2
Contaminated Soil,,,,,,, ,,," "'"'''''''''''''''''''''' '"'' '"'''''''''' '"'' '"'''''' '''''''''''''''''''''''''''''''' ,,,,,,2
Contingency Plan"",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, '"'' '"'''''''''' "" '"'' '" '''''''''''' '''' '''''''''''''''''''' 2
Contract Documents """'''''',''"''"','',,,'',,,'''''''''''''''' '''''''''''' '''''''''''''''''''' '''' '"''''''',,''' '"'' 2
Contractor,,,,,,,,,,,, '"'''''''''''''''''''''''' '''''''''' ''''''''''''''''''''''',,'' ",," '" ,", '"'' '"'''' '"'''' '"'' '"'' '" 2
Coordinator, '"'' '''''' '"'' '''''''',,',','',',',' "''','''' '"'' '"'''''' '''''''''''' """"'''''''''''''''' ,,,,,,,,,,,,,,,,,,,,2
County""", ",," "" '''''''''''''' '"'''''' '"'''''''''''''''''' '''' '''''''''''''''' '"'''''''''' '''''''''''' "'"'' '"'' ,,,,,,,,2
County Manager""""",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, "'"'',,''''''''' '''''' '''''''' ''''''''''''''''''','',', ,,,"" ",,2
CQA/CQC"""" '''' '"''''''''''''''','',''',',,,'''',''''''''''''' """" '''''''' '''''''''''''''''' '" '"'''''''' ,,,,,,,,,,,,,2
Day ,","'"''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''"",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,2
Effect ive Date"",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, '"'''''''''' '"'''''' '"'' '''''''''''''''''''''''''' "",,,,,,,,,2
Emergency Work"""",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, '"'''''''''' '"'' """'" ,,," '''''''''''''' '"'''' "",,,,,,,,,2
Engineer""" "',,"'," '"'''''''''''''''''''''''' '''''''''''''''''''''''''''''''''''''''' '"'''''''''''''''''''''''''' ,,,,,,,,,,,2
FAC, """'''''''''''''''''''''''''''''''''''''''''''',,''''',,'''','''''''''''' """"""",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,2
FOEP "'"'' '''''''''''''' '''''''''''''''''''''''''''' '"'' '''''''''''''','' ""","',",,","''''',''',''''',' ,,,,,,,,,,,,,,,,,,,,2
Fines" ,,"",'''''''''''''''''''''' '''''''''''''''''''''''''''''''''''''''' '"'' '''' '''''' '" '"'' '"'''''''''''''''' '''''''' """,,2
Force Majeure""""""",,, '"'''''''''''''''' '"'''''''''''''''''' '''''''''''''''''' ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,3
Hazardous Waste"""""",,,,, '''' '''' '"'''' '"''',''''' ''''''''''''''''''''''', '''''''''''',''',','"'',, '''',''',''',' '" 3
Landfi II "" '"'''''''''''''''''''' ''''',',','' ''''',,''''''''''','''''''''''''''''''''''''''''''''''''''''''''''''' '"'' ,,,,,,,,,,,,3
Landfi II Operating Agreement""""""",,, '"'''''''''''''''''''''''''''' '"'''''''''''' '''''''''''''''' "'"'' '"'' 3
Local Government Prompt Payment AcL",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,4
Mining Plan"",,, '"'''''''''''''''''''''''''''''''''''''''''''' '''''''''''''''''''''' '"'''''''''''' ,,,,,,,,,,,,,,,,,,,,,,,,,,,,4
N otice To Proceed"""""",,,,,,,,,,,,, "",',,,'''', ''',' '"'''''''''' '"'''''''''''''''''''''''''''''''''''' ,,,,,,,,,,,,,4
Objectionable Odor""",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, '''''''' '"'' '''''''''''''''''''''''' '" ,,,,4
Odor Control System""",,,,,,,,,,,,,,,,,,,,,,,,, '"'' '"'''''''''''''''''''''' ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,4
Ordinance ""'"''',','','','",''''''''''''',',''''''''''''''''''''''''''''''''''''' '''''' '"'''' '"'' ""'" '"'''' ,,,,,,,,,,,,,4
OSHA""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""",4
Party""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" """" 4
Performance Bond"""""",,,,,,,,,,,,, '"'''''''''''''''' ,,,',",,'," ,",'" ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,4
Permit, '" ''''''''''''''''''''''''''''''''''''''''''''''','''''''''' '''''''''''''''''''''''''''''''''''''''''''''' '"'''' ,,,,,,,,,,,,4
Person """'" '''''''''''''''''''''''''''''''''''''''''''''''' '"'' '''''' '"'''''''''''''''' '"'''''''''''''''''''' '"'' '''''' ,,,,,,4
Poll uti on, '" """""'" """""""""""""""" """"""""""""""'" """" ""'" "'" "" ""'" """"" ",4
iofii
Agenda Item No, 10H
October 23, 2007
10!l1~749 of 137
Progress Schedule, ''''', ,,," '"'''''''''''''''''''''''' '"''''''''''''''''',''' '"'''''''''' """"', '''''''' ,,,,,,,,,,,,,,,5
~~"""""""""""""""""""""""""""""""',"""""""""",,',""""""""""""""""""",5
Project Manager", ,,,"""""""""'''''''',,''''''''''''''''''''','''''' ""'''''''' '''''','''''''''''''''''''''' '"'''''' 5
PSI Report"""""" '"'''''''''''''''''',',',''''''''''''''''''''',''''''''''' '"'''''''''''' '"'''''''''''''' '"'',''''''''' '" 5
Purchasing Director"",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, '"'''''''''''' 5
Recyclable Material"""""",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ''''''','''''''''''''' '" ''''''''',''" '''''''''''' ,,,,,,,5
Residual Waste"""""" '"''''''''''''''','''''''''''''''''''''''''',,''''''''''''''''' '"'','',',''''''''''''''' '"',''' ",,5
Contract Fee"""""" ,,," '"'''''''''' ''''''''''",,',,'' '''' '''''''''''''" '''''''''''''''''' '"''''''',,'''''''''''''''',''' 5
Site",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,""'"",,""""""""""'''',,,'',''''''''''''''',','',,''''''5
Site Superintendent""",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, '"'''''''''''''''' '''"''''''''''''''''''',, 5
Solid Waste",,,,,,,,,, ,,,","""""""""",",""''''''''''''''''','',,'''''''''''''''''' '" ''''''',,'''''' ,,,,,,,,,,,,,,,5
Unacceptable Waste"""""",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, """"'"'',''''' ,,,,,,,,,,,,,,,5
White Goods"" ,",,","''''''''''''''''''''''',' '"''''''''''''''''''''''',''''''''''''''''''''' ''''''','''''''''''''''''' ",,6
Work Area,,,,,,,,,,,, ''''''''''''''''''''''''''''''" ''''''''''''''''','''','''' ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,6
Work Directive Change""""""",,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,:,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,6
iiofii
Agenda Item No, 10H
October 23, 2007
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Exhibit "A" to the Agreement for Landfill Reclamation Project:
DEFINITIONS
Whenever the following words and expressions are used in the Agreement, they shall be
construed in the manner set forth below:
Acceptable Waste shall mean waste that may be accepted at the County's Landfill in
compliance with the Permits and Applicable Law,
Aereement shall mean this "Agreement for Landfill Reclamation Project" between the
County and the Contractor.
Applicable Law shall mean any local, state or federal statute, law, constitution, charter,
ordinance, judgment, order, decree, permit, rule, regulation, directive, policy, standard or
similar binding authority, or a judicial or administrative interpretation of any of the same,
which are in effect or are enacted, adopted, promulgated, issued or enforced by a
governmental body during the term of this Agreement, and relate in any manner to the
performance of the County or Contractor under this Agreement
Chanee in Law shall mean the adoption, promulgation, or modification of any
Applicable Law after the Effective Date, which directly and substantially affects the
Contractor's or County's performance under this Agreement A Change in Law does not
include a change in any tax law or workers' compensation law,
Chanee Order shall mean a document signed by the County and Contractor that
authorizes an addition, deletion, or revision in the work under the Agreement, or an
adjustment in the contract price or the Progress Schedule, and is issued on or after the
Effective Date of the Agreement
Citations shall mean any warning letter, notice of violation, cease and desist order, or
similar document concerning a civil, criminal, or administrative enforcement proceeding
involving the Project
Collier Countv Landfill shall mean the Site, which also is known as the Naples Landfill.
Commencement Date shall mean the date designated in the Notice to Proceed when the
Contractor may commence with the work pursuant to the Agreement
Commission shall mean the Board of County Commissioners of Collier County, Florida,
Construction and Demolition Debris shall mean discarded materials generally
considered to be not water soluble and non-hazardous in nature, including, but not limited
to, steel, glass, brick, concrete, asphalt rooting material, pipe, gypsum wallboard, and
lumber, resulting from the construction, destruction, or renovation of a structure, and
Page 10f6
Agenda Item No, 10H
October 23, 2007
Page 51 of 137
including rocks, soils, tree remains, trees, and other vegetative matter that normally
results from land clearing or land development operations for a construction project.
Contaminated Soil shall mean soil that contains one or more contaminants in
concentrations exceeding the FDEP Soil Clean-up Target Levels in Chapter 62-777
(Table II), F,A,C" for "Leachability Based On Groundwater Criteria,"
Contin!!encv Plan shall mean the Contractor's plan for avoiding an interruption in the
Contractor's operations in the event that a storm, spill, accident, malfunction, or
emergency disrupts or hinders the Contractor's normal operations,
Contract Documents shall mean the Agreement, the exhibits, and the other documents
(as amended or modified) that are identified in Section 24 of the Agreement. The
Contract Documents also may be referred to as the Agreement Documents,
Contractor shall mean Waste Management lnc, of Florida ("WMIF"),
Coordinator shall mean the Contractor's Project Coordinator, who shall be Contractor's
primary representative with regard to matters involving this Agreement.
County shall mean the government of Collier County, acting through the Commission or
its designee,
County Mana!!er shall mean the County Manager of Collier County, Florida, or the
County Manager's designee,
COA/COC shall mean construction quality assurance and construction quality control
procedures provided by the Contractor to ensure that the Contractor's activities adhere to
the requirements of the Agreement.
Dav shall mean a calendar day, except Sundays and legal holidays,
Effective Date shall mean the date when this Agreement is signed and duly executed by
the Commission or its designee, which shall occur after the Agreement is signed and duly
executed by the Contractor.
Emer!!encv Work shall mean work that is required to address imminent threats to the
environment or the public health, safety, or welfare,
En!!ineer shall mean the Person retained by the County to provide professional
engineering and consulting services concerning the Project.
F.A.C. shall mean the Florida Administrative Code,
FDEP shall mean the Florida Department of Environmental Protection,
Page 20f6
Agenda Item No, 10H
October 23, 2007
Page 52 of 137
Fines mean sand, soil, and other material that is excavated from the Work Area,
processed by the Contractor, and capable of passing through the one inch (1") screen in
the screening equipment used by the Contractor for the Project
Force Majenre shall mean the following events or circumstances, but only to the extent
that they directly, materially, and adversely affect the ability of the County or Contractor
to perfonn any of its obligations under the Agreement:
(a) An act of God, tornado, hurricane, flood, fire, explosion (except those
caused by negligence of Contractor, its agents, and assigns), landslide,
earthquake, epidemic, and extremely abnonnal and excessively inclement
weather;
(b) Acts of public enemy, acts of war, terrorism, insurrection, riots, civil
disturbances, or national or international calamities;
(c) Suspension, termination or interruption of utilities necessary to the
Contractor's operation or duties under this Agreement;
(d) An injunction, or a legal or equitable proceeding brought against the
County or Contractor, or a Change in Law; and
(e) Any act, event, or condition, which is detennined by mutual agreement of
the County and the Contractor to be of the same general type as the events
of Force Majeure identificd in the preceding paragraphs,
Labor disputes, labor shortagcs, changing economic conditions, and the economIC
hardship of the Contractor shall not be considered an event of Force Majeure,
Hazardous Waste shall mean Solid Waste, or a combination of Solid Wastes, which,
because of its quantity, concentration, or physical, chemical, or infectious characteristics,
may cause, or significantly contribute to, an increase in mortality or an increase in serious
irreversible or incapacitating reversible illness or may pose a substantial present or
potential hazard to human health or the environment when improperly transported,
disposed of, stored, treated, or otherwise managed, Hazardous Waste includes any
material or substance identified as a Hazardous Waste or hazardous substance in the
Florida Administrative Code, Florida Statutes, or other Applicable Law, The term does
not include human remains that are disposed of by a Person licensed under Chapter 497,
Florida Statutes,
Landfill shall mean the areas at the Site that are being used actively for the disposal of
Class I Solid Waste, As of the Effective Date of this Agreement, the active disposal areas
for Class I Solid Waste are Cell 6 (Phase 3) and Cells Al and A2, as identified on Figure
L
Page 3 of6
Agenda Item No, 10H
October 23, 2007
Page 53 of 137
Landfill Opera tin!! A!!reement shall mean the "Landfill Operation Agreement between
Collier County and Waste Management Inc, of Florida" dated February 7, 1995, and all
ofthe amendments thereto,
Local Government Prompt Pavment Act shall mean the Local Government Prompt
Payment Act contained in Section 218,70 et seq" Florida Statues, If the Local
Government Prompt Payment Act is repealed, in whole or in part, such repealed portions
shall continue to apply to this Agreement, unless such portions violate Applicable Law,
Minin!! Plan shall mean a detailed plan describing how the Contractor will perform its
work in compliance with the requirements of the Agreement, Applicable Law, and the
Permits,
Notice To Proceed shall mean a formal letter or other docwnent issued by the
Administrator that authorizes the Contractor to proceed with the commencement of the
work under the Agreement
Objectionable Odor shall mean any odor present in the outdoor atmosphere which by
itself or in combination with other odors, is or may be harmful or injurious to human
health or welfare, which unreasonably interferes with the comfortable use and enjoyment
oflife or property, or which creates a nuisance,
Odor Control Svstem shall mean the misting system that will be used by the Contractor
to mask, suppress, or neutralize odors emanating from the Work Area,
Ordinance shall mean the County's Code of Ordinances,
OSHA shall mean the Occupational Safety and Health Act and all implementing
regulations,
Party shall mean either the County or the Contractor, as indicated by the context
Performance Bond shall mean the financial security furnished by the Contractor as a
guarantee that the Contractor will perform its work and pay all lawful claims in
accordance with the terms of this Agreement
Permit shall mean any and all permits, licenses, approvals, or other authorizations
required by a governmental authority for the activities contemplated under the
Agreement
Person shall mean any and all persons, natural or artificial, including any individual,
firm, partnership, joint venture, or other association, however organized; any municipal
or private corporation organized or existing under the laws of the State of Florida or any
other state; any county or municipality; and any governmental agency of any state or the
federal government
Pollution shall have the meaning provided in Section 403,03 J (7), Florida Statues,
Page 40f6
Agenda Item No, 10H
October 23, 2007
Page 54 of 137
Prol!ress Schedule shall mean the schedule for the completion of the Contractor's work
on the Project
Proiect shall mean the reclamation of Cells I and 2 in compliance with the Agreement
Project Manal!er shall mean the County employee that is the County's official
representative regarding matters that pertain to this Agreement
PSI Report means the report that was prepared by Professional Service Industries Inc,
("PSI"), dated June 24, 2005, and entitled "Cells I and 2 Reclamation Plan" for the
Naples Landfill in Collier County, Florida,
Purchasinl! Director shall mean the Collier County Purchasing and General Services
Director.
Recvclable Material means large pieces of ferrous and non-ferrous metal, plastic, and
concrete,
Residual Waste shall mean any waste material that remains after the Fines, Recyclable
Material, and Unacceptable Waste are removed from the Solid Waste that is excavated
from the Work Area, Residual Waste includes but is not limited to the excavated
material that does not pass through the one inch (1") screen in the Contractor's screening
equipment,
Contract Fee means the fees and costs that will be paid to the Contractor for its services
under the Agreement
Site means the land that is owned by the County and located at 3750 White Lake
Boulevard (Section 36, Township 49 South, Range 28 East, Collier County, Florida),
which includes the County's Class I landfills, Cells I and 2, and the County's other solid
waste management facilities, The Site boundary is depicted in Figure I as the
"approximate property line,"
Site Suoerintendent shall mean the Contractor's employee who is responsible for
Contractor's day-to-day operations on the Site,
Solid Waste shall mean sludge that is not regulated under the federal Clean Water Act or
Clean Air Act, sludge from a waste treatment works, water supply treatment plant, or air
pollution control facility, or garbage, rubbish, refuse, special waste, or other discarded
material, including solid, liquid, semi-solid, or contained gaseous material resulting from
domestic, industrial, commercial, mining, agricultural or governmental operations, Solid
Waste includes but is not limited to Construction and Demolition Debris, Hazardous
Waste, land clearing debris, waste tires, White Goods, and yard trash,
Unacceotable Waste shall mean Solid Waste that cannot be accepted for disposal in the
Landfill because the waste material is (a) prohibited by Permit or other Applicable Law
Page 5 of6
Agenda Item No, 10H
October 23,2007
Page 55 of 137
or (b) deemed to be an operational, health, or safety hazard by the Administrator.
Unacceptable Waste includes but is not limited to White Goods, whole waste tires, and
large pieces of drywall and wallboard,
White Goods shall mean large discarded appliances, including but not limited to
refrigerators, ranges, washing machines, clothes dryers, water heaters, freezers,
microwave ovens, and air conditioners,
Work Area shall mean the portions of Cells I and 2 where the Contractor shall remove
Solid Waste pursuant to the Agreement. The Work Area is approximately 22 acres in
size and it is depicted in Figure 2 as the "approximate limit of Cell 1 and 2 reclamation
area~'.
Work Directive Chan!!e shall mean a written directive issued by the Project Manager to
the Contractor in instances where the Parties cannot agree on the costs or conditions
, associated with work that arises from unforeseen or emergency conditions and the work
is part of the "critical path" for the timely completion of the Project.
Page 60f6
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Agenda Item No, 10H
October 23, 2007
10111~'P6 of 137
Exhibit "B" to Landfill Reclamation Agreement:
General Scope of Work
Table of Contents
Background Information" '"'' '''''''''''','''''''' '"'''' '"'''' '",,''''''' '"'' '" '''''''''''''' '"'''' ," I
Project Coordination by Contractor """",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,2
Contractor's Responsibilities""",,,,,,,,, ''''',','' ,"""""'" '"'' ","",,'"'''' '"'''''''''''' ",,2
Cooperation with County and Waste Haulers"",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 2
Communications Between the County and Contractor "",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,2
Meetings Between the County and Contractor """"""""""",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,2
Contractor's Use of the Site ",,","""'"'''''''''''',,'',''''''''''''''''''''''''''''''''','''',''''''''' 3
Prior Approval Req uired""" '''''''''''' ""'" ",""""'" '"'''''''''''''''' """""'''''''' '"'' ,,,,,3
Storage of Materials and Equipment ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,3
Vehicle Repairs, '''''' '''''''''''''''''','''''''''''''''''' '''''"'",,',, '"'''''' '''''''' '''' ''''''''''','''' '" 3
Hours of Operations """",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 3
Emergency Work"""""",,,,, '"'' '" ""'"'''' ," ,,,"" '"'''''''''''''''''''''' ,""""""""""" '" 4
On-Site Facilities for Personnel "",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,4
Site Access and Security """,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ""'" 4
Right of Access for County""",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,4
Safety on Site""""""",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, '" '"'' '''''''''''''' '"'''' ,,,,,,,,,,,, '" "" 4
Compliance with Laws and Regulations """"""""""",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,4
Personnel Requirements" '"'' '"'''' '''','''''''''''' ""'"'' '" ''','''''''''''''''''''' '''' '''''''''''' ,,, 5
General Obligation"""""",,,,, ,,,"""'"'''''''''''''' '"'''',''''''''''' ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,5
Project Coordinator"""""" ,,,,' ,",""""'''''''''''''''''''' ,,," '''''''''''''''''''''''''''''''' ,,,,,,,5
Site Superintendent,,,,,,,,,,,,,,,,,,,,,,,,, '"''''''',,'',''''''''' '"'' '" '"'''''' '''''',,'' ''','''''''''''''' 5
Subcontractors,,,,,,,,,,,,,,,,, ,,,,, ,"""'"'''''''''''' '"'''',''''''''''''''''''''' '"'''''''''' ,,,","",' '" 5
OSHA Training""",,,,,,,,,,,,,,,, '"''''''''',,''' ,"" '"'''''''''''''''' '"'' ,",' '"'''' ,,,,,,,,,,,,,,,,,,,6
Employee Uniforms and Identification "",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,6
County Responsi bi lit ies ,,"'" '''''''''''''''''''''''',''" ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,6
County's Project Manager""", '"'''''''''''''''''''' """'" ''',' '''''''''''''''''''''''''''''''' ,,,,,,,6
Access to On-Site Facilities """'''''''''''''''''''''''''''''''''''''''''''''' ",," " '''''' """'"'''' " 6
Scale House Operations """"""'"''''''''''''''''',''''''''''''''''''''''''''''''''''''''''''','''""",7
Disposal 0 f Leachate"" '"'''''''''''''''''' '''', '''''''''' ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,7
Disposal of Residual Waste and Reuse of Fines '"'' '" " " """" "'''' " ""'" " " " " '" "'" 7
Contractor's Records and Reporting Requirements,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 8
Maintenance and Inspection of Records",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, """""""""""" 8
General Reporting Requirements ""'"''''''''''''',''''''''''''''''''''''''''''''''''''''''',,''''''''' 8
Daily Logs"",,, ''','''''''''''''''''' """ '''''''''''''' '"'' '''''''''' '"'''' '"'' '"'' '"'''''''''''''''' ,,,,,,,8
Weekly Progress Reports"""""",,,,,,,,,,,,,,,,,,,,,, '"'' ,,,","" '"'''''' '"'''''''''' '"'''' ,,,"" 9
Monthly Progress Reports """"""'"''''''''''''''''''',''''''''''''''''''''''''''''''''' '",''''''''''' 9
Quarterly Progress Reports",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,10
Format of Logs and Reports """""""',,""""""""''''''''''''''''''',,'''''''''''''''''''''''''' 10
Reports to Engineer ""'"'',,'',,''''''''''''''''''''''''''',,'''''''''''''''''''''''''''''''''''''',,''''''''' II
Contractor's Submittals """""''''''''''''''''''''''''''',,''',''''''''''''''''''''''''''''','',"'"'''''' II
i ofii
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Agenda Item No, 10H
October 23, 2007
10/11V200757 of 137
Contractor's Surveys ................,........,......,......,........,........,...."'....,........,............11
Contractor's Project Team ........,"'....,....,................,..,......,..,................,..,....,...... II
Contractor's Understanding of the Project ....,"'..,......,..,......,..,........,....,....,........' 12
General Scope of Contractor's Work and Responsibilities ....,..,......,..,................, 13
Mobilization"...."",.."",....""""""",..,..".."".." ,....,.. ,..""".."",.."""", ,....,.."",.. 13
Land Clearing and Removal of Surface Debris ,........"'.."'................,..................14
Soil Stripping and Stockpiling ....,........,....,..,......,....,..,..,..,..,........"'....,...."'........14
Stonnwater and Leachate Management....,...."'.."'......,"''''..,........,....,..'''..,........, 14
CQA/CQC, Materials Testing, Surveying ..,"'......,....,....,..,....,......,...."'............,.. 14
Excavation, Sorting, Screening, Loading, and Hauling of
Separated Materials to Staging Area ..............,...."'.."'......,"',....................,..,......14
Transfer Recyclable Material and Unacceptable Waste......,......,..............,..,........ 15
Transfer Fines and Residual Waste ........,..................,........"'......,........,..,........,..15
Demobilize"..",.."""""""......" '......",..".."..",..""""".. ,.. ,......",..""",....".... ,...., 15
Technical Approach to Development of Mining Plan....,..,........,..........,"'..,.."'.... 15
Land Clearing and Excavation Techniques ,........,..,....,............,......,"'..,....,....,....16
The Sequence of Land Clearing and Excavation ....,....,....,..,........,....,......"'.."'.... 16
The Limits and Extent of the Excavation ..,....,"'......,............,........,....,....,...."'.... 17
Monitoring Landfill Gas ......,......"'...."'........,........,....,....,................,....,"'..,......, 17
Waste Separation Techniques ....,..,........,............,..,.."''''..'''......,......,............,..,..18
Screening Techniques """"...."",.., ,.."'..',.."",....,....,..,....,..,..........,....,....,....",..,, 19
Groundwater Testing Procedures ..",....'" '" ""'..",..,,,..,.., """",......,..,....",..",..".. 20
Soi I Testing Proced ures """,..,..""""""'..",.."""""..,..",..,..,, ,.."...... ,....'.. ,.."..",,21
Recovered Soil and Fines Testing....,............,....,..,..,....,.."'''',......,......,..,........,..,21
Methods for Control of Dust """"..".."".."'..'"""""""",..""",..,....,,,.."..,..",...." 22
Methods for Control of Odor .."'....,.."',.."'........,..............................,..................23
Methods for Storm water & Leachate Management ....,..,....,......,........,..,.."'.."'....24
Managing Unacceptable Waste and Recyclable Material..........,......,....,..,........"'26
Managing Hazardous Waste "",.."",.., ""'" '...."""", """""",...."",...."..,..",....,.., 26
Spill Prevention and Control Plan .."..,.., ",......""""""""""", """"....,..",........,.., 27
Fire Prevention and Control Plan,........,....,....,.."'..,......"'....,....,..,................"'....27
Equipment and Personnel Requirements ..,.................."'....,"'........,......,..,..........,27
Progress Schedule"".."""",.."""""""..""""""""""""..",.."",..,......,....,.."",..", 28
A TT ACHMENT I - Odor Management Protocol prepared by Waste Management, lnc,
A TT ACHMENT 2 - Draft Leachate Management Plan
iiofii
Agenda Item No, 10H
October 23, 2007
10/11~158 of 137
Exhibit "B" to Landfill Reclamation Agreement:
GENERAL SCOPE OF WORK
1.0 Background Information
The Collier County Landfill ("the Site") is located at 3750 White Lake Boulevard,
Naples, Collier County, Florida, The Site is approximately 300 acres, The Site includes
active and inactive disposal areas (i.e" "cells") for Class I Waste, Cells land 2 are
unlined disposal areas, comprising approximately 32 acres, located near the northeast
comer of the Site, Landfilling of Solid Waste in these cells took place from 1976 through
1979, Cells 1 and 2 were closed by Collier County ("County") and covered with a soil
cap, The boundary of the Site is depicted on Figure 1 as the "approximate property line,"
(Figure 1 and the other figures mentioned herein are attached to the Agreement in Exhibit
"'D")
In 1986, the County conducted a landfill reclamation study for Cells 1 and 2, This
study proved successful for recovering landfill cover material (i.e" soil), Approximately
ten (10) acres of the southwest comer of Cells I and 2 were mined, and the County
recovered approximately 50,000 tons of soil suitable for landfill cover and plant growth,
The County also recovered plastics, ferrous metal, and aluminum, Portions of this area
are currently used for processing vegetative material for the production of mulch, It is
estimated that approximately twenty-two (22) acres of Cells 1 and 2 are still remaining to
be reclaimed,
In July 2001, a site characterization study of Cells land 2 was conducted for the
County by Professional Service Industries, Inc. ("PSI"), This study concluded that
approximately fifty (50) percent of the material buried in Cells land 2 is soil and the
remaining fifty (50) percent is municipal solid waste, The soil appeared to be cover
material used for Cells I and 2, The municipal solid waste was made up of commercial
and household refuse,
In the County's RFP No, 07-4138, the County proposed to reclaim Cells I and 2
so this area could be used for the future construction and development of the County's
Class I landfilL Figure 2 depicts the location of the areas to be reclaimed in Cells land 2
as the "approximate limit of Cell I and 2 reclamation area,"
Waste Management Inc, of Florida ('WMIF") holds the FDEP permit for the
Collier County Landfill, which authorizes the mining required for the reclamation of
Cells I and 2, WMIF also is responsible for environmental compliance and monitoring at
the Site pursuant to the Landfill Operating Agreement between the County and WMIF.
Following a competitive procurement process, the County selected WMIF to be
the contractor ("Contractor") for the reclamation of Cells 1 and 2, The County and
WMIF then prepared an Agreement that shall govern WMIF's work on the Project. The
Page 1 of28
Agenda IIem No, 10H
October 23, 2007
IO/II~759 of 137
following sections of this "General Scope of Work" supplement the Agreement by
establishing more specific requirements for WMIF's work, However, nothing contained
herein shall be construed to waive or negate any requirement in the Agreement
2.0 Project Coordination by Contractor
2.1 Contractor's Responsibilities
Since Contractor operates the Landfill, all activities related to the reclamation of
Cells I & 2 shall be fully integrated and coordinated with the existing operations and
activities on the Site, All communications between the landfill operations and the
reclamation operations shall be coordinated by Contractor. Contractor shall be solely
responsible for coordinating all activities related to this Project and the existing
operations at the Site,
2.2 Cooperation with County and Waste Haulers
The Contractor's activities on the Site will necessarily interface with the activities
of the County and other Persons, The Contractor shall not impede or interfere with the
efficient operation of the Landfill, or with the ingress, unloading, and egress of waste
hauling vehicles, The Contractor's methods and procedures for delivering and removing
its vehicles from the Landfill shall be subject to reasonable review and approval by the
Project Manager. Contractor shall, at all times, conduct its operations under the
Agreement to avoid any inconvenience to the County, other contractors, the general
public, and the operation, maintenance and monitoring of the Site,
2,3 Communicatious Between the County and Contractor
The Contractor shall develop, implement, and maintain a system that will allow
the Coordinator and the Project Manager to communicate immediately with each other at
any time, 24 hours per day, seven days per week. Contractor shall utilize
communications equipment that is designed to function during emergency conditions
(e,g" storms), The Contractor's proposed communications system shall be subject to the
Project Manager's prior approvaL
2.4 Meetin!!s Between the County and Contractor
The Contractor shall conduct a pre-construction meeting with the County in
accordance with Section 2,5 of the Agreement. The Contractor also shall conduct
progress meetings with the County at least once each week or upon such schedule as is
mutually acceptable to the Parties, The progress meetings shall be attended by the
Contractor's Coordinator, the County's Project Manager, and any other Person needed to
address the Partics' concerns about the progress of the Project The Contractor shall
prepare the agenda for each meeting, and shall provide the agenda to the County at least
twenty-four (24) hours before the meeting, but the County shall have the right to add
items to the agenda, The Contractor shall prepare the minutes for the meeting, which
Page 2 of 28
Agenda Item No, 10H
October 23, 2007
1 OIlIV2@(!)f30 of 137
shall include but not be limited to a summary of any significant issues that were
addressed and decisions that were made during the meeting, Copies of the minutes shall
be provided to the County within four (4) Days after each meeting.
3.0 Contractor's Use of the Site
3.1 Prior Approval Required
The Contractor shall not use the Site for any actIvIty unless the activity is
expressly authorized by the Agreement or the Landfill Operating Agreement, or the
Contractor has received the advance written approval of the Project Manager. The
Contractor shall not change or alter the County's equipment or the Site without the
County's prior written approval.
3.2 Stora!!e of Materials and Equipment
Contractor shall inform the County about the anticipated storage requirements for
the materials expected for this Project The County shall designate the storage and
processing areas for the Project The Contractor shall confine its equipment, materials
and personnel to the areas designated by the Project Manager. The Contractor shall not
unreasonably encumber the Site with materials, equipment, trailers, or trucks,
Contractor shall keep all driveways, entrances serving the premises, and on-Site
access roads clear and available to County and other users of the Landfill at all times,
These areas shall not be used for parking or storage of materials or equipment,
Deliveries for Contractor shall be scheduled to minimize space and time
requirements on Site, Contractor shall assume full responsibility for the protection and
safekeeping of any material and equipment stored on Site,
3,3 Vehicle Repairs
The Contractor shall not use the Site for vehicle repairs or maintenance, except
the repair or replacement of flat tires or other similar activities that do not pose a threat of
on-Site Pollution,
3,4 Hours of Operation
No work shall be conducted on the Site by Contractor from 7 p,m, to 7 a,m" or
any time of the day on Sundays and legal ho lidays, unless the Contractor receives prior
written permission from the Project Manager.
3.5 Emen!encv Work
Emergency Work may be conducted on the Site at any time, without prior
authorization from the Project Manager, when necessary to address an imminent threat to
Page 3 of 28
Agenda Item No, 10H
October 23, 2007
IOlll~731 of 137
the environment or the public health, safety and welfare, Contractor shall notif'y the
Project Manager of the Emergency Work within one (I) hour after the Emergency Work
commences,
3.6 On-Site Facilities for Personnel
Contractor shall provide office space in the Contractor's existing buildings on the
Site, and such office space shall be used as a field office for the Site Superintendent,
Project Manager, and Engineer, and for the storage of records related to the reclamation
of Cells I and 2, The office space shall be provided by Contractor with the appropriate
electrical power service, a telephone, a fax machine, office furniture (including furniture
for the Project Manager and Engineer), toilet facilities, and potable water. The office
space shall be in place and fully operational before the Contractor commences field
activities, The County and Engineer shall be provided access to the office during normal
working hours at the Site,
3.7 Site Access and Security
The Contractor shall control access to the Work Area, Other than during hours of
operation, the Work Area shall be secured and all gates locked,
All visitors to the Work Area shall be required to check in at the Contractor's
field office and sign a visitor's log before inspecting the Project
3.8 Ri!!ht of Access for County
The County shall have the unrestricted right to inspect the Contractor's equipment
and activities at the Site at any reasonable time to verify the Contractor's compliance
with the requirements of the Agreement
3.9 Safety on Site
The Contractor shall be responsible for the personal safety of its personnel, the
subcontractors, and any other Person when they are on the Site, The Contractor may
require any Person entering the Site to comply with reasonable safety rules,
3.10 Compliance with Laws and Re!!ulations
The mining of Cells I and 2 is authorized by the Florida Department of
Environmental Protection ("FDEP"), in accordance with Specific Condition No, 20 of
FDEP Permit/Certification No, 0064489-008-SC/OO, issued on January 23, 2007, to
Waste Management Inc, of Florida, Contractor shall provide notification to, and obtain
the necessary approvals from, FDEP prior to commencement of field activities for the
Project Contractor shall provide all the supporting documentation to facilitate the FDEP
approval process, and shall comply with all Pennit conditions and Applicable Laws,
including all notification requirements, and the payment of fees, user charges, and
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Agenda Item No, 10H
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inspection fees, If Contractor identifies any inconsistencies between any applicable
regulatory requirements and the plans and specifications for the Project, Contractor shall
promptly bring these inconsistencies to the Project Manager's attention, The County
shall issue Change Orders, if appropriate, at that time.
4,0 Personnel Requirements
4,1 General Obli!!ation
Contractor shall provide all labor, supervision, personnel, materials and
equipment necessary to complete the work authorized by the County in a safe, timely and
efficient manner, in compliance with the Agreement At a minimum, the Contractor shall
use the Persons identified in Section 7,0, below, unless and until this requirement is
modified by the Project Manager in accordance with the Agreement
4,2 Project Coordinator
Contractor shall designate a qualified employee to serve as its Coordinator for the
services to be provided under the Agreement The Coordinator shall:
. Be authorized and responsible to act on behalf of Contractor with respect
to directing, coordinating, and administering all aspects of the services to
be provided for this Project; and
. Have full authority to bind and obligate Contractor on all matters arising
out of the scope of services for this Project
4.3 Site Superintendent
The Contractor shall designate a Site Superintendent that will be responsible for
overseeing Contractor's day-to-day operations on the Site, The Site Superintendent shall
have at least five (5) years of experience in operating equipment used at municipal solid
waste landfills or operating landfill mining and screening equipment Contractor shall
provide the services of a competent Site Superintendent at all times during the duration of
the Project The Site Superintendent shall not be reassigned or transferred from the
Project without prior written authorization ITom the Project Manager.
4.4 Subcontractors
Contractor shall employ the services of subcontractors and other persons, as
necessary, to complete this Project The subcontractors shall conduct their work in
accordance with the Agreement Contractor shall be fully responsible for the activities of
the subcontractors, The Contractor shall be solely responsible for paying the
subcontractors in a timely manner for the services they provide,
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October 23, 2007
]0111~f33 of 137
4.5 OSHA Trainin!!
All on-Site personnel provided by the Contractor and subcontractor(s) shall be
properly trained for their jobs, as required by the Agreement All personnel involved in
the excavation of Cells] and 2 shall be 40-hour trained per 29 CFR 19] 0 and shall be
current with refresher training before they begin work on the Site, Contractor shall plan
for and ensure that its personnel comply with all applicable provisions of OSHA Safety
and Health Standards (29 CFR ] 91 0) and General Construction Standards (29 CFR
]926),
4.6 Emplovee Uniforms and Identification
At all times when Contractor's employees are on the Site, the Contractor's
employees shall wear a standard shirt or uniform with the Contractor's name or logo, All
Contractor and subcontractor employees shall wear appropriate protective gear, including
hard hats, boots, a high visibility vest, and protective eyewear, when necessary,
Each employee of the Contractor and subcontractor(s) shall display a valid
County identification card when they are on the Site, The identification card will be
issued by the County's Facilities Management Department - Security Agency,
5.0 County Responsibilities
5.1 County's Project Mana!!er
The County shall designate a person to serve as the County's Project Manager.
The Project Manager shall be the primary point of communication between the
Coordinator and the County, The Project Manager shall have the authority to make
decisions for and on behalf of the County concerning the day-to-day operations under this
A!,'Teement The Project Manager shall have the authority to transmit instructions,
receive submittals for the County, interpret and define the County's policies, and make
decisions related to the Contractor's services under the Agreement The Project Manager
shall:
· Review and make recommendations on the Contractor's requests for payment
for work perfOlmed on this Project;
· Provide criteria and information requested by the Contractor concerning the
County's requirements and budgetary limitations; and
. Provide notice to Contractor of any deficiencies or defects discovered by the
Project Manager with respect to the services rendered by the Contractor,
5.2 Access to On-Site Facilities
The County shall provide access for authorized Contractor and subcontractor
personnel to the Work Area during nOlmal operating hours of the Landfill.
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The County shall provide access to the on-site stormwater pond located
immediately to the south of Cell 6, which the Contractor may use to obtain process water
for dust control.
5.3 Scale House Operatious
The County shall weigh trucks and materials for the Contractor, when the
Contractor needs to weigh the materials reclaimed from Cells I and 2, provided
Contractor does not disrupt the Landfill operations, The County's scales are located at
the scale house on the Site, The County shall be responsible for the operation and
maintenance of the scales and scale house at the Site, The County shall perform all
required calibration of the scales or shall arrange for such services to be performed by an
independent contractor at the County's expense, If requested, the County shall provide
the Contractor with copies of all relevant documents verifying the calibration of the
County's scales,
The County's scale operators shall retain the original weight records, Hand
receipts will be utilized if the County's automated data collection system is inoperable,
The disposal tickets and other scale house records shall be available for inspection by the
Contractor, upon request The Contractor shall be provided access at all reasonable times
to observe the operations of the scale house,
The County and the Contractor shall work together in a cooperative manner to
resolve any questions concerning the accuracy ofthe County's scales and weight records,
The Contractor may, at its expense, hire an independent third party to verify the accuracy
of the County's scales and records,
5.4 Disoosal of Leachate
Subject to the other provisions herein, the County's wastewater treatment plant
shall accept for disposal the leachate generated during the reclamation of Cells 1 and 2,
provided the leachate meets the pre-treatment and other requirements imposed by the
County Utilities Department
5,5 Disoosal of Residual Waste and Reuse of Fines
Subject to the other provisions herein, the County shall allow Residual Waste to
be disposed of in the Landfill, and shall allow Fines to be reused in the Landfill, unless
such activities are prohibited by the Permits or Applicable Law,
6.0 Records and Reporting Requirements
6.1 Maintenance and Inspection of Records
The Contractor shall develop and implement an organized system for keeping
records concerning the Contractor's activities under the Agreement At a minimum, the
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lOll 1~135 of 137
Contractor's records shall include copies of: (a) all Permits required for the Contractor's
activities under the Agreement; (b) all Citations, as described in Section 33 of the
Agreement; (c) all correspondence to and from FDEP and other regulatory agencies
concerning the Contractor's activities under the Agreement; (d) all logs and reports
required by the Permits and the Agreement; and (e) any other documents necessary to
confirm that Contractor has performed in accordance with the Agreement
The Contractor's records and documents concerning the Agreement shall be
retained by the Contractor for a minimum of five (5) years after the termination of the
Agreement The County and its authorized agents shall have the right to audit, inspect,
and copy all such records and documents as often as the County deems necessary during
the term of the Agreement and for five (5) years after the termination of the Agreement.
The right to audit, inspect, and copy records and documents may be exercised during
normal business hours, at the County's sole expense,
6,2 General Reportin!! Requirements
Contractor shall maintain all records and submit all reports required by the
Agreement and Applicable Laws, including the FDEP reporting requirements in Specific
Condition No, 20 of the FDEP Permit/Certification No, 0064489-008-SCIOO issued on
January 23, 2007 to Contractor.
6.3 Dailv Lo!!s
Contractor shall maintain daily logs concerning all of the reclamation operations
conducted under the Agreement The logs shall include the starting and ending times,
personnel present, and cquipment used cach day, The daily logs also shall identify the
approximate quantity of each of the following: Solid Waste excavated from the Work
Area; Soil excavated from the Work Area; concrcte, plastic, metal, tires, and White
Goods separated from the Solid Waste and placed in stockpiles in the Work Area;
Residual Waste that was transported to the active working face of the Landfill for
disposal; Residual Waste that was not transported to the Landlill for disposal before the
end of the day; Fines that were placed in a stockpile in the Work Area; Fines that were
hauled to the Landfill for use as initial cover material; each type of Recyclable Material
that was transported off-Site for recycling; each type of Unacceptable Material that was
transported off-Site for disposal; and each type of material hauled by the Contractor from
the Work Area to the designated locations on the Site,
Contractor shall maintain daily logs of (and shall immediately report to the
Project Manager) any incidents involving: accidents; spills; releases; discovery or
excavation of drums or potential hazardous substances; Citations; complaints from the
public or a third party concerning Objectionable Odors or other issues; and other related
incidents, This reporting shall not relieve Contractor of its obligation to provide
notifications of and responses to these incidents under Applicable Law, The daily log
shall describe how and when each of the incidents was resolved,
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Agenda Item No, 10H
October 23,2007
IO/IIP2$1i6 of 137
Contractor shall maintain daily logs of landfill gas monitoring, The logs shall
confirm that landfill mining operations were conducted only in areas where 25% of the
lower explosive limit for methane gas was not exceeded,
Contractor shall maintain daily logs showing the quantities (in gallons) of (a)
process water used for daily operations, including dust control, (b) quantities of leachate
pumped from the Work Area to the County's wastewater treatment plant; and (c)
quantities of leachate pumped from the Work Area into tanker trucks for off-Site
disposal.
6.4 Weeklv Pro!!ress Reports
Every Tuesday following a week in which the Contractor conducted work on the
Site, Contractor shall submit a weekly progress report to the Project Manager, providing
a summary of all the activities that took place during the preceding week, This report
shall include a summary of all the information gathered from the daily logs,
6,5 Monthlv Pro!!ress Reports
No later than the 15th day of the each calendar month, Contractor shall submit a
monthly progress report to the Project Manager. The report shall provide and summarize
the following information in compliance with the FOEP reporting requirements, based on
the work conducted during the previous month and the total work completed to date:
1, The number of hours the excavation work was conducted,
2, Certified survey reports of the Work Area, documenting the volume of Solid
Waste and other material that was excavated from Cells I and 2,
3, The estimated quantity of concrete, tires, and White Goods that were processed
and hauled to the County's designated location,
4, The weight of the materials that were removed from Cells I and 2 during the
previous month and processed for recycling purposes, measured by material type
(e,g" ferrous metal; aluminum; plastic),
5, The estimated amount of Fines delivered to the Landfill for use as initial cover.
6, The gas monitoring results from the Work Area,
7, The quantities of leachate pumped from the Work Area to the County's
wastewater treatment plant and the quantities taken by tanker truck for off-Site
disposal.
The Contractor's monthly progress reports also shall address the Contractor's
performance under and compliance with the Agreement At a minimum, the reports shall
discuss the key events that occurred after the last monthly report, plus any key events that
are anticipated during the next month, Each report shall address: (a) any complaints
received by the Contractor from the public or the County; (b) any Citations, as described
in Section 3,5 of the Agreement; (c) any spills, emergencies, or similar incidents
associated with the Project; (d) any accidents or injuries at the Site; (e) any new or
revised operating practices or procedures that have been or will be implemented for the
Page 9 of 28
Agenda item NO.1 OH
October 23, 2007
]0/1 ]~'i\S7 01 137
Project; (f) any Pollution, Objectionable Odors, violations of Applicable Law, or
nuisance conditions at the Site; and (g) any other unusual or extraordinary occurrences
affecting the Contractor's performance under the Agreement.
6.6 Ouarterlv Pr02ress Reports
No later than the 15th day of each calendar quarter, Contractor shall submit to the
Project Manager a quarterly progress report that (a) identifies the tasks completed during
the previous quarter, (b) states whether Contractor is in compliance with the Progress
Schedule approved by the County, and (c) identifies the steps that are being taken to
make up lost time (if any) or otherwise meet the Project completion date, A revised
schedule shall be submitted to the Project Manager for approval, if the Contractor is not
complying with the previously approved schedule,
In the quarterly report, Contractor shall also provide a description of how the
actual waste reclamation quantities (i,e" the amount of Solid Waste excavated,
processed, and delivered to the designated locations at the Landfill) during the previous
quarter compared with the previously projected amounts, ]f the actual quantities are
significantly less than the projected amounts, Contractor shall provide a written
explanation of why the deviation occurred and what the Contractor will do (e,g" make
appropriate adjustments to its personnel or equipment) to ensure that the work is
completed in compliance with the approved Progress Schedule, The quarterly progress
report shall also include an updated survey of Cells ] and 2, as prepared and certified by a
registered land surveyor.
6.7 Format of L02S and Reports
All of the logs and reports prepared by the Contractor shall be in a format that is
acceptable to the County, All of the Contractor's reports shall be submitted as a hard
copy and in an electronic fomlat that is compatible with the Project Manager's computer
system (e,g" Word; pdf). All reports are subject to the Project Manager's approval.
Incomplete or inadequate logs and reports shall be revised promptly and resubmitted, as
instructed by the Project Manager.
6.8 Reports to En!!ineer
The Contractor shall send a copy of each weekly, monthly, and quarterly report to
the County's Engineer, when the report is delivered to the Project Manager.
6.9 Contractor's Submittals
The Contractor's submittals to the County shall comply with the requirements in
the Agreement. The Contractor shall submit the Mining Plan at least thirty (30) calendar
days before the Contractor anticipates commencing the excavation of Solid Waste in the
Work Area, It shall be the Contractor's responsibility to provide all submittals to the
Project Manager in advance of any proposed work and thus ensure that the County shall
Page 100128
Agenda Item No, 10 H
October 23, 2007
I 0/11P200'iti8 of 137
have a reasonable period of time to review the submittal without delaying the
Contractor's activities, The Contractor also shall be responsible for providing all
necessary submittals to the FDEP and other agencies in accordance with the Permits and
Applicable Law, The Contractor's submittals to the County shall include, but not be
limited to, the surveys required pursuant to Section 6,10, below,
6,10 Contractor's Survevs
The Contractor shall prepare and submit surveys of the Work Area in compliance
with the Agreement At a minimum, a survey shall be (a) prepared before excavating any
Solid Waste, (b) at least once each month when the Contractor is excavating Solid Waste
from the Work Area, and (c) after completing the Project The Contractor's surveys and
related work shall be performed in compliance with the Technical Specifications
contained in Exhibit "C" to the Agreement
7,0 Contractor's Project Team
The following Persons shall conduct the work on the County's Project, unless
replaced in the manner provided in the Agreement:
Waste Management lnc, of Florida
5221 State Road 776
Venice, Florida 34293
Phone: 941-497-8029
Fax: 941-497-8035
Project Role: Project Management/Oversight & Administrative Services -
Excavation, Transportation and Disposal Services, Odor Control, Dust
Control, Leachate Management
Southeast Environmental Contracting, Inc,
5667 Val Del Road
Hahira, Georgia 31632
Phone: 229-794-3330
Fax: 229-794-3332
Project Role: Excavation, E&S/Stormwater Management Services,
Separation/Sorting, Screening, Processing, Hauling, and Gcneral Labor &
Services
Geosyntec Consultants
590 I Broken Sound Parkway, NW
Suite 300
Boca Raton, Florida 33487
Phone: 561-995-0900
Fax: 561-995-0925
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Agenda Item No, 10H
October 23,2007
10/11~139 of 137
Project Role: Engineering & Design Services, Health & Safety Plan,
Construction Quality Assurance, and Sampling Services
Severn Trent Laboratories, Inc,
4955 Yarrow Street
Arvada, CO 80002
Phone: 303-736-0156 or 0100
Fax: 303-432-8925
Project Role: Groundwater testing and analysis
Accutest
4405 Vine land Road
Suite C-15
Orlando, FL 32811
Phone: (407) 425-6700
Fax: (407) 425-0707
Project Role: Soil laboratory testing and analysis
Wilson Miller
3200 Bailey Lane, Suite 200
Naples, FL 34105
Phone: 239-649-4040
Fax: 239-643-6682
Project Role: Surveying Services
8.0 Contractor's Understanding of the Project
Contractor understands that the County has completed an evaluation of the
physical and chemical characteristics of the materials currently contained in Cells 1 and
2, The County previously hired Professional Service Industries (PSI) to: evaluate the
reclamation of Cells 1 and 2; develop a method to recover this potential landfill space;
responsibly dispose of the waste currently in Cells 1 and 2; and remove and reuse any
recoverable materials, PSI completed this task and issued a report dated June 24, 2005
with its findings, The PSI Report provides the fo !lowing information relative to the
materials to be excavated:
>- Total estimated volume of waste and soils buried = 378,922 bcy
>- PSI noted that the materials expand after they are excavated and PSI estimated a
1,25 fluff factor.
>- Total estimated volume of waste and soils after excavation = 473,715 loose cubic
yards
Page 1201'28
Agenda Item No, 10H
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" The material composition is approximately 50% Solid Waste and 50% soil by
vo lume,
" The density of the soil was estimated to be 0,95&5 tons/cubic yard,
" The density of the waste was estimated to be 0,603 tons/cubic yard,
" Tires were encountered and will need to be segregated and disposed of as
reasonably feasible,
" Large pieces of concrete and metal were encountered and will need to be
segregated and recycled as reasonably feasible,
9,0 General Scope of Contractor's Work and Responsibilities
Contractor shall conduct the work and complete the Project in compliance with
the requirements in the Agreement
The reclamation of Cells I and 2 at the Collier County Landfill shall be conducted
in phases in accordance with the phasing plan prepared by Contractor. The Site is
depicted in Figure I to the Agreement; the Phasing Plan is depicted in Figure 2 to the
Agreement Future Cells A6, A 7 and A& have been proposed for construction on the
footprint of former Cells 1 and 2, Cell A6 is the first cell targeted for construction after
the completion of the reclamation work. Subsequent phases of construction will be Cells
A7 and Cell A&, respectively,
Contractor's reclamation actIVItIes will commence with the clearing of the
existing vegetation on each phase, removing the surface debris, followed by a baseline
survey that will be completed and certified by a professional land surveyor. The survey
will be updated on a monthly basis and at the completion of each phase of construction,
The survey will be submitted to the Project Manager, along with reports concerning the
quantities of Solid Waste excavated from each ceiL The cells will be excavated to a depth
approximately six (6) inches below the depth of the Solid Waste,
A listing and general description of the Contractor's work tasks are provided
below,
9,1 Mobilization
This work task includes, but may not be limited to: Acquisition of the necessary
equipment, insurance, and bonds; Setting-up temporary on-Site field offices; Providing
temporary utilities; Preparation of the Mining Plan; Obtaining all approvals and Permits;
Construction of staging and equipment storage areas; Preparation of a baseline survey of
the Work Area; Construction of barricades and security fencing; Acquisition and
installation of the leachate storage tank(s), pumps, and related equipment; Acquisition
and installation of the Odor Control System; Acquisition and delivery of all equipment,
odor masking chemicals, and other supplies, All pre-construction work shall be included
in costs for mobilization,
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Agenda Item No, 10H
October 23, 2007
lOll IV2Q0771 of 137
9,2 Land C1earin!! and Removal of Snrface Debris
This work task includes: Clearing foliage and vegetation, including trees, from the
Work Area; Mulch foliage and vegetation; Haul processed foliage and vegetation to
designated areas on Site; Remove debris, including but not limited to tires, concrete
pieces, carpet remnants, dry wall pieces, White Goods and other bulky items located at
the surface of the Work Area; Load and haul surface debris and other Solid Waste to the
stockpiles in the Work Area,
9.3 Soil Strirmin!! and Stockpilin!!
This work task includes: Removal of the existing soil cap that is over the Solid
Waste in the Work Area; Stockpile the soil; Remove the debris in the soil, including tires,
concrete, White Goods, and other bulky items; Place soil over the exposed Solid Waste in
the working face of the excavation at the end of each day of operations,
9.4 Stormwater and Leachate Mana!!ement
This work task includes: All stormwater and leachate management activities,
including the use of pumping, benning, ditching and other methods to contain, control,
store, and dispose of stonnwater and leachate, as necessary; Construction of a berm
around the Work Area to divert storm water; Installation of pumps and other structures, as
necessary, to divert stormwater: Pump stormwater from the Work Area to the stonnwater
management system for the Site, if necessary; Pump leachate and other liquids from the
Work Area into storage tank(s), or the manhole near Cell 6, or tanker trucks, as
appropriate,
9.5 CQAICQC, Materials Tcstin!!. and Survevin!!.
This work task includes: Perform all CQA/CQC tasks needed to ensure
compliance with the Agreement: Collect, test, and analyze samples of in situ soils, Fines,
leachate, and other liquids; Survey the Work Area betewe excavating any Solid Waste;
Survey the Work Area and determine the amount of material that has been excavated;
Prepare reports concerning the results of the CQA/CQC materials testing, and surveys,
9.6 Excavation. Sortin!!. Screenin!!. Loadin!!. and "aulin!! of Separated
Materials to Sta!!in!! Area
This work task includes: Excavate Solid Waste and Contaminated Soil from the
Work Area; Process the excavated material by using screening equipment to separate
Fines !Tom Residual Waste; Remove Recyclable Material and Unacceptable Waste from
the excavated material; Place Recyclable Material and Unacceptable Waste in staging
areas on-Site for transfer to designated recycling or disposal locations located off-Site;
establish safe grades in and around the perimeter of the excavated area,
9.7 Transfer Recvclable Materials and Unacceptable Waste
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Agenda Item No, lOH
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This work task includes: Load Recyclable Materials and Unacceptable Waste for
off-Site transportation; Transfer Recyclable Materials and Unacceptable Waste to the
County's scale house at the Site for weighing; Transfer Recyclable Materials to an
appropriate off-Site facility for recycling; Transfer Unacceptable Waste to an appropriate
off-Site facility for disposal; Provide the County with appropriate documents verifying
that the Recyclable Materials and Unacceptable Waste were delivered to permitted off-
Site facilities,
9.8 Transfer Fines and Residual Waste
This work task includes: Load and transfer Fines to a designated storage area near
an active Landfill cell; Load and transfer Residual Waste to the active working face of
the Landfill for disposal; Load Contaminated Soil (if any) that cannot be used as initial
cover, and transfer such material to the active working face of the Landfill for disposal.
9.9 Demobilize
This work task includes: Remove equipment and barricades; Restore staging and
storage areas; Establish safe grades in and around the Work Area,
10.0 Technical Approach to Development of Mining Plan
Contractor shall approach all work in accordance with the current FDEP Permit
The work also shall be conducted in accordance with the FDEP guidance document
entitled "GUIDANCE FOR DISURBANCE AND USE OF OLD CLOSED LANDFILLS
OR WASTE DISPOSAL AREAS IN FLORIDA",
A Mining Plan shall be developed by Contractor that incorporates the
requirements in the FDEP Permit (specific condition No, 20), the referenced FDEP
guidance document, and the "Mining Plan" listed in Section 3 of the PSI Report, The
Mining Plan also shall comply with the requirements of Section 2.3 of the Agreement
At a minimum, the Mining Plan shall include an odor control plan, a leachate and
stormwater management plan, a health and safety plan, a litter control plan, and a
Contingency Plan,
11.0 Land Clearing and Excavation Techniques
11.1 The Sequence of Land Clearinl! and Excavation
Contractor shall clear the Work Area and pelform excavation in a "progressive
method", Excavation will commcnce in one section of the Work Area and proceed across
in a controlled manner, Prior to excavation, the entire Work Area shall be cleared of any
trees and large brush, Low lying vegetation (e,g" grass) and the soil cap shall be left in
place, The stripped vegetation will be stockpiled with the other unprocessed yard waste
that currently is piled on the south end on the Work Area,
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Agenda Item No, lOH
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Contractor expects to initiate excavation in the northwest comer of the Work Area
and follow the sequence of work (i,e" Stage I through Stage 13) and track illustrated on
Figure 2, The direction, track, and sequence of the progression may be altered as a result
of field conditions, after receiving the Project Manager's approval. The Contractor shall
ensure that the sequence of excavation is consistent with, and allows the County to
implement, the County's plan to have new Solid Waste disposal areas constructed and
available for use before they are needed for active operations, The County's goal is to
have at least two (2) years of lined disposal capacity available at all times,
The "working face" ofthe excavation shall be minimized, The working face shall
not exceed an area approximately 50 feet wide and 100 feet long, unless the Contractor
receives the Project Manager's prior written approval to create a larger working face,
All other areas shall remain covered with the existing soil cap until such time as
they are to be excavated, Immediately prior to excavation, the soil cap (estimated to be
12 to 24 inches in depth) will be stripped off of the area in the next stage of the
prob'Tession, The Contractor shall minimize the size of the area where the soil cap is
removed in anticipation of excavating the Solid Waste, The soil cap shall be removed
only from the area that will be excavated that day, unless the Project Manager approves
the removal ofthe soil cap from a larger area, The soil shall be stockpiled in a temporary
staging area in the southeastern portion of the Work Area,
Some of this stockpiled soil will be re-used later as cover for the exposed working
face in the excavation area and some will be used for the construction of temporary
berms that will control stormwater within the Work Area, Eventually, the excess soil in
the Work Area and the soil reclaimed by screening (i,e.. Fincs) will be transferred to the
Landfill for use as initial cover.
The excess soil cap material also may have significant clay content and may be
very useful as intermediate cover. This material will be segregated should the County
wish to use it in this manner,
11.2 The Limits and Extent of the Excavation
The Contractor shall excavate and remove the Solid Waste that previously was
placed in Cells I and 2 for disposaL The Contractor shall not excavate more than
approximately six (6) inches below the bottom of the Solid Waste in Cells 1 and 2, or
more than approximately twelve (12) inches beyond the horizontal extent of the Solid
Waste in Cells I and 2, unless the Contractor reasonably concludes that it is necessary to
do so in order to remove Contaminated SoiL ,
The Contractor shall have the so Ie authority to determine whether the Contractor
has reached the outer limits of the Solid Waste and Contaminated Soil that is to be
excavated from the Work Area, The Contractor shall collect and test representative
composite samples of the in situ soils, at least once per acre, to determine whether further
Page 16 of28
Agenda Item No, 10H
October 23, 2007
]01l1~774 of 137
excavation is appropriate, If the test results indicate that additional excavation is not
necessary (i.e" the in situ soils do not constitute Contaminated Soil), the Contractor shall
not excavate any further in the location where the satisfactory soil samples were
collected, If the test results indicate that the in situ soils may constitute Contaminated
Soil, the Contractor may (a) collect additional soil samples to verify the initial test results,
(b) excavate further, but only to the extent necessary to remove the Contaminated Soil, or
(c) take other appropriate action, as determined by the Contractor.
The Contractor shall use its best efforts to avoid excavating Contaminated Soil
unnecessarily, The Parties recognize that the presence of Contaminated Soil in the Work
Area will not necessarily cause violations of FDEP water quality standards at the edge of
the zone of discharge for the Site, Consequently, the Contractor may leave Contaminated
Soil in the Work Area when, based upon the Contractor's best professional judgment, the
presence of such material in the Work Area will not cause or contribute to violations of
water quality, standards at the edge of the zone of discharge for the Site,
The Coordinator shall consult with the Project Manager on a daily basis regarding
the extent to which the Contractor is excavating Contaminated Soil. The Project
Manager may request the Coordinator to collect an additional soil sample at any location
where the Project Manager reasonably believes the Contractor is excavating material that
is not Contaminated Soil. Upon receiving the Project Manager's request, the Coordinator
shall collect and test an additional sample of the soil before excavating further in that
location,
After an area has been excavated to an appropriate extent and deemed suitable for
backfilling, clean soil shall be placed in the excavation by the Contractor, as necessary to
allow the construction of future cells in the Landfill.
11,3 Monitorin!! Landfill Gas
Explosive gas monitoring shall be performed by Contractor in areas of excavation
to ensure that the level of methane gas does not exceed 25% of the lower explosive limit
("LEL "), Monitoring shall be performed every 2 hours within the excavation area and
weekly at existing gas probes within the immediate area of Cells 1 and 2, Contractor also
shall conduct a landfill gas survey in each stage of the Project, prior to the
commencement of the waste excavation process in a given stage area, as shown in Figure
2, The landfill gas survey shall also be used to evaluate methane levels (as measured in
% of the LEL) near the existing ground surface (i,e" no intrusive sampling is assumed)
prior to removal of the cover soil. The LEL monitoring data, along with carbon
monoxide, oxygen and hydrogen sulfide readings, shall be collected using a VRAE 7800
Gas Surveyor or functional equivalent The instrument readings and survey locations
shall be documented, recorded in the Contractor's logs, and submitted to the Project
Manager in Contractor's reports,
12,0 Waste Separation Techniques
Page 17 of28
Agenda Item No, 10H
October 23, 2007
I 0/11f'200775 of 137
Recyclable Material and Unacceptable Waste shall be separated from the Solid
Waste and Fines at least three different times during the reclamation process, The first
separation shall occur during the land clearing operation, Tires, White Goods, and large
pieces of concrete, metal, and wallboard shall be separated and set aside for collection
and stockpiling, Excavators and loaders will be used for this process, During the land
clearing operation, the Contractor shall focus only on those items that are discernible at
ground level and relatively clean of Solid Waste, The separated materials shall be placed
in stockpiles, which shall be located in the areas designated on Figure 2 or in other areas
approved by the Project Manager.
The second separation shall occur during the screening process, Excavated
materials shall be feed through a power screen machine, which shall be located in the
Work Area, Materials failing to pass through the I-inch screen shall be considered
Residual Waste and shall exit the screening machine on a conveyor belt Contractor's
personnel shall be stationed along this conveyor, inspecting for Recyclable Material and
Unacceptable Waste, Recyclable Material and Unacceptable Waste shall be pulled from
the belt, set aside, and later placed into the appropriate stockpile, After the large pieces
of Recyclable Material have been removed from the conveyor belt, the Residual Waste
shall be placed in stockpiles for storage until it is taken to the active working face of the
Landfill for disposaL
The third separation shall occur when the Residual Waste is loaded from the
stockpiles into the vehicles used to haul the Residual Waste to the Landfill. As the
material is being loaded, operators and laborers shall again inspect the waste for
Unacceptable Waste and Recyclable Material. Again, the Unacceptable Waste and
Recyclable Material shall be pulled from the Residual Waste, set aside, and later placed
into the appropriate stockpile,
Stockpiles for concrete, tires, metals, wallboard, and Fines shall be established
within the Work Area, Initially, the stockpiles will be located in the last area to be
excavated, These stockpiles will be relocated by the Contractor when excavation needs
to occur in that area,
Contractor shall use its best efforts to ensure that all of the Recyclable Materials
and Unacceptable Waste are removed from the Residual Waste, At a minimum, the
Contractor shall have at least two employees removing Recyclable Materials and
Unacceptable Waste from the conveyor belt whenever the Contractor is processing
excavated material with the screening machine, The Contractor shall add at least one
additional employee whenever the Contractor is processing more than 1,000 tons of
material per day with the screening machine,
The Contractor shall use its best efforts to ensure that (a) all of the Solid Waste is
processed and screened on the same day that it is excavated and (b) all of the Residual
Waste is delivered to the active working face at the Landfill on the same day the Residual
Waste is excavated,
Page 180f28
Agenda Item No. 10H
October 23, 2007
10/1 IV200776 of 137
If any Solid Waste is not processed by the end of the day, or if any Residua]
Waste is not delivered to the Landfill by the end of the day, the Contractor shall take
appropriate steps to ensure that the waste material does not cause Objectionable Odors in
areas beyond the Site boundary. I n such circumstances, the Contractor shall cover the
waste material with tarps, soil, or alternate daily cover, and the Contractor shall operate
the Odor Control System, until the waste materia] is placed in the Landfill for disposal,
unless the Contractor receives the Project Manager's prior approval to use another
approach for controlling the odors from such material.
13.0 Screening Techniques
Contractor shall use a dry screening process to separate the Fines from the
excavated Solid Waste. Ory screening will separate the materia] into two different sized
products. The materia] is separated by passing it through a vibrating "screen box", which
can house a number of different sized screens or meshes that the materia] will fall
through like a sieve. The passing material will fall onto conveyors that deposit the end
products in a stockpile. The screen will separate materia] less than or equal to I inch
from those that are greater in size. The materia] that is less than I inch shall be
stockpiled as cover soil. The larger material shall be considered Residual Waste and
shall be disposed of in the Landfill.
The Contractor shall not be obligated to place Contaminated Soil in the screening
machine if the Project Manager and Coordinator agree, based on a visual inspection of
the Contaminated Soil, that the Contaminated Soil will pass through the one inch screen.
Contractor shall use a KEESTRACK tm portable screen or equivalent. This
equipment is track mounted and mobile. The equipment will move with the working face
to the raw material, rather than moving the material to the screen. This is key to
efficiency and productivity. All screening and processing shall be performed within the
Work Area.
14.0 Groundwater Testing Procedures
Contractor shall collect and analyze groundwater samples during the reclamation of
Cell I & 2 to assess conditions prior to and after excavation of the buried waste.
Groundwater samples shall be co lIected from monitoring wells that currently exist on the
eastern and northern perimeter of Cells I and 2 to document baseline conditions prior to
initiating reclamation activities. These wells are identified as MW- 16, MW-17, MW 535,
MW-I and MW-2 in the FDEP Pcrmit for the Landfi]L
Contractor shall co lIect post-reclamation groundwater samples from these same
wells after completion of the waste excavation process. Additiona] groundwater data will
also be available from routine groundwater monitoring events conducted in accordance with
the FOEP Permit for the Landfill. Historica] data from these five existing monitoring
wells shall also be used to see if there are changes relative to baseline. Contractor shall
utilize the groundwater data obtained during the required semi-annual groundwater
Page 19 of28
Agenda Item No. 10H
October 23. 2007
10/] lV200777 of 137
sampling events described in the FDEP Permit in addition to the monitoring activities
described above.
Groundwater samples shall be collected in accordance with the FDEP sampling
protocols, as established in Chapter 62-160, F.AC, and submitted to a National
Environmenta] Laboratory Accreditation Conference ("'NELAC") certified laboratory for
analysis. Groundwater samples shall be analyzed for the following constituents in
compliance with Chapter 62-701.510 (8) (a), FAC:
. 40 CFR Part 258, Appendix I - Volati]e Organic Compounds (VOCs) by EPA
Method 8260;
. 40 CFR Part 258, Appendix I - Inorganic Constituents (15 metals) by EP A
method 60 I 0 or 6020;
. Tota] Ammonia by EP A Method 350.1;
. Chloride by EPA Method 300;
. Iron by EPA Method 60 I 0;
. Mercury by EPA Methods 7470/7471;
. Nitrate by EPA Method 353.2;
. Sodium by EP A Method 60 10; and
. Total dissolved solids (TDS) by EP A Method] 60.1.
Results of the baseline and follow up groundwater sampling events shall be
summarized in separate letter rep0l1s to the Projcct Manager, prepared on behalf of
Contractor and signed and sealed by a Professional Engineer or Geologist registered in the
State of F]orida. The reports shall include (a) a description of field methods and
groundwater sampling procedures. (b) a summary of analytical results, (c) a discussion of
the results and conclusions, and (d) recommendations to address any potential groundwater
impacts associated with the Project. The baseline groundwater sampling event shall be
conducted prior to commencing any land clearing or waste reclamation activities. The
follow-up groundwater sampling shall be conducted approximately 45 days following
completion of the waste reclamation activities.
15.0 Soil Testing Procedures
Contractor shall collect and analyze soil samples during the Cell I & 2
reclamation process to assess conditions after excavation of the buried waste. Composite
soil samples shall be collected from the native soil at the bottom of the excavation at a
frequency of approximately one composite sample per acre. Soil samples shall be
collected in accordance with the FOEP sampling protocols in Chapter 62-160, LAC, and
submitted to a NELAC accredited laboratory fix analysis. Soil samples shall be analyzed in
Page 20 of 28
Agenda Item NO.1 OH
October 23, 2007
10/11V200778 of 137
genera] accordance with the FOEP guidance document entitled "Guidance for Oisturbance
and Use of Old Closed Landfills or Waste Disposa] Areas in F]orida" dated May 3, 2001.
At a minimum, the analyses shall include the following:
. Eight Resource Conservation and Recovery Act (RCRA) metals by
Environmental Protection Agency (EPA) Method 6010C;
. Volatile Organic Compounds (VOCs) by EPA Method 8260B;
. Semi-Volatile Organic Compounds (SVOCs) by EPA Method 8270C; and
. Chlorinated Pesticides by EPA Method 808lA
The laboratory analytical results shall be compared to the FOEP Soil Clean-up
Target Levels ("SCTLs") presented in Chapter 62-777, LAC Constituents which may
exceed their respective SCTL shall be analyzed using Synthetic Precipitation Leaching
Procedure (SPLP) methods and compared to the FOEP SCTL standards for leachability.
The soil analytical results shall be provided to the Project Manager within two (2) Days after
they are received by Contractor. Upon completion of the waste reclamation activities, the
soil sampling results shall be summarized in a letter report prepared on behalf of Contractor
and signed and sealed by a Professional Engineer or Geologist registered in the State of
Florida. The reports shall include (a) a description of the soil sampling procedures, (b) a
summary of the analytica] results, (c) a discussion of any results that did not comply with
the SCTL leachability criteria, and (d) a description of the additional steps, if any, that were
taken at locations where the samples did not comply with the SCTLS.
16.0 Recovered Soil and Fines Testing
During the Cell 1 & 2 reclamation process, Contractor shall collect and analyze
samples of the Fines for potentia] contaminants in accordance with the Permits. Fines
shall be temporarily stockpiled within the lined, active portion of Cell 6 before the Fines
are used as initial cover within lined areas of the active Landfill. Off-site use ofthe Fines
is prohibited.
Analytical testing of the Fines shall be perfomled in accordance with FDEP
requirements and limited to a frequency of approximately one sample per 10,000 cubic yards.
Samples shall be collected in accordance with the FDEP sampling protocols in Chapter 62-160,
F.A.C, and submitted to a NELAC accredited laboratory for analysis. The analyses shall
include the following:
. Eight Resource Conservation and Recovery Act ("RCRA") metals by
Environmental Protection Agency ("EPA") Method 6010C;
. Volatile Organic Compounds ("VOCs") by EPA Method 8260B (discrete
samples only);
. Semi-Volatile Organic Compounds ("SVOCs") by EPA Method 8270C; and
Page 21 of28
Agenda Item NO.1 OH
October 23.2007
]0/11~779 of 137
. Chlorinated Pesticides by EPA Method 808!A.
The laboratory analytical results shall be compared to the FDEP Soil Clean-Up
Target Levels ('SCTLs") presented in Chapter 62-777, F.A.C Constituents which may
exceed their respective SCTL shall be analyzed using Synthetic Precipitation Leaching
Procedure ("SPLP'") methods and compared to the FDEP SCTL leachability standards.
The soil analytical results shall be provided by Contractor to the Project Manager within
two days after the results are received by the Contractor. The soil sampling results shall
be summarized in a letter report prepared on behalf of Contractor and signed and sealed
by a Professional Engineer or Geologist registered in the State of Florida. The reports
shall include a description of soil sampling procedures, a summary of analytical results,
and a discussion of any results that did not comply with SCTL leachability criteria or the
FDEP criteria for initial cover. Fines that do not meet FOEP's criteria for initial cover
shall be managed and disposed of as Solid Waste.
17.0 Methods for Control of Dust
Contractor shall be responsible for dust control in the Work Area, as well as all
roads, ramps, and areas used for the transportation of Residual Waste on the Site. At a
minimum, Contractor shall employ the use of a water truck for the control of dust. The
Contractor's plan for controlling dust in the Work Area shall be included in the
Contractor's Mining Plan.
Contractor shall conduct real time air monitoring for particulates whenever the
reclamation operations are underway. The air sampling shall be used to evaluate
background and reclamation associated particulate matter. A total of three monitoring
locations shall be used, including upwind, downwind and direct Work Area monitoring
locations. The monitoring locations shall he adjusted, as needed, to effectively monitor
Cells ] and 2 in the event of changing wind conditions. The real time paniculate
monitoring data shall he collected at the hreathing zone height using a MIE Data Ram or
functional equivalent. The instruments shall be equipped with a data logger and
downloaded at least once cvery week. Site-specific particulate action levels shall he
proposed by Contractor and approved by the County prior to initiating the reclamation
activities on the Site.
18.0 Methods for Control of Odor
The Contractor shall prepare a comprehensive and detailed odor control plan,
which shall be designed to ensure that the Contractor"s activities do not cause
Objectionable Odors beyond the boundary of the Site. The odor control plan shall he
submitted to the County for its review and approva], as part of the Contractor's Mining
Plan, prior to the commencement of the Contractor"s work on the Site.
The Contractor shall use an Odor Control System (i.e., a misting system) to
control odors from the Work Area. The Odor Control System shall be designed, huilt,
operated, and maintained in compliance with industry standards and the manufacturer's
specifications. At a minimum, the Odor Control System shall be installed on the north,
Page 22 of 28
Agenda Item NO.1 OH
October 23. 2007
10111 V200780 of 137
east, and west sides of the Work Area, and the Odor Control System shall be fully
operational, before the Contractor begins to remove the vegetation from the Work Area.
At all times after the Commencement Date, the Contractor shall maintain at least
a three (3) day supply of odor suppression or neutralization chemicals on the Site. The
Contractor shall maintain a supply of spare parts for the Odor Control System on the Site.
The Contractor also shall make all necessary arrangements to ensure that essential spare
parts will be delivered to the Site within two (2) Days after being ordered.
The Contractor shall operate the Odor Control System whenever the Contractor
concludes it is necessary, or the Project Manager instructs the Contractor to operate the
system, based on the amount of odor generated by Contractor's activities in the Work
Area.
Odor also shall be controlled with the use of cover soil. The soil cap (estimated to
be 12 to 24 inches in depth) will be stripped offfrom the Work Area and stockpiled. This
soil shall be used to cover exposed waste in excavated areas. A 6-inch layer of soil shall
be placed over any Solid Waste in an excavated area that will be exposed for more than
24 hours. All other areas shall be covered with a tarp initially, but soil shall be used
instead of a tarp when necessary to control odors. Additional odor control measures shall
be implemented immediately when necessary to prevent Objectionable Odors beyond the
boundary of the Site.
The Contractor's odor control plan shall describe the steps that will be taken if the
Contractor encounters unusually odorous materials (e.g., sludge) while excavating Solid
Waste from the Work Area. At a minimum, the Contractor shall (a) stop excavating the
material, (b) place soil over the material, and (c) operate the Odor Control System, if
these actions are necessary to control the odors in such circumstances. The Contractor
shall immediately notify and consult with the Project Manager when unusually odorous
materials are encountered.
The Contractor's odor control plan shall describe the steps that will be taken if
odorous liquids accumulate in the bottom of the excavated area. At a minimum, the
Contractor shall (a) treat the liquids with lime or other chemicals, if feasible, or (b) pump
the liquids into a leachate storage tank or leachate tanker truck, and (c) operate the Odor
Control System, if these actions are necessary to control the odors in such circumstances.
The Contractor shall notify and consult with the Project Manager when odorous liquids
are encountered.
The Contractor shall close]y monitor odor levels on the Site at all times. At a
minimum, the Contractor shall monitor the odor levels on the north, east, and west sides
of the Site at the beginning and end of each day of reclamation operations. The
Contractor shall maintain a daily log confirming that the inspections were conducted and
recording the Contractor's findings.
Page 23 of 28
Agenda Item NO.1 OH
October 23, 2007
101l1f'2i9li)1l1 of 137
The Contractor shall investigate potential odor problems whenever the Contractor
receives an odor complaint from the public or the Project Manager. At a minimum, the
Contractor shall respond to odor complaints by following the "Odor Management
Protocol" prepared by Waste Management, Inc., which is Attachment I to this Genera]
Scope of Work.
19.0 Methods for Stormwater & Leachate Management
Prior to the commencement of work on the Site, the Contractor shall submit a
written plan to the County concerning the management of stormwater and leachate in the
Work Area. The storm water and leachate management plan shall be part of the
Contractor's Mining Plan.
Before the Contractor excavates any Solid Waste in the Work Area, the
Contractor shall build a berm around the Work Area to ensure that stormwater does not
flow into the Work Area from other locations on the Site. The Contractor shall use
berms, tarps, or other measures to control the stormwater falling within the Work Area
and thus minimize the amount of stormwater that comes into contact with Solid Waste.
Stormwater that does not come in contact with Solid Waste may be diverted around or
pumped out of the Work Area.
Stormwater, groundwater, and leachate may accumulate in the areas excavated by
the Contractor. The Contractor shall minimize the amount of liquid it removes from the
excavated area. The Contractor shall not remove liquids from the excavated area, except:
(a) when necessary to prevent Objectionable Odors beyond the boundary of the Site; (b)
when necessary to prevent violations of groundwater quality standards at the edge of the
zone of discharge for the Site; (c) when necessary to comply with the requirements in the
Agreement or this General Scope of Work: or (d) when instructed to do by the FDEP or
the Project Manager. Attachment 2 ("Draft Leachate Management Plan") to this
document contains specific criteria that the Contractor shall use when determining
whether to remove liquids from an excavated area.
Prior to the excavation of any Solid Waste in the Work Area, the Contractor shall
install a leachate management system that will allow the Contractor to store leachate
temporarily in the Work Area. The leachate management system shall include at least
one storage tank (minimum capacity of approximately 21,000 gallons) and the associated
pumps, pipes, and equipment. Additional leachate storage tanks shall be added to the
system, if such tanks are requestcd in writing by the Project Manager in a Change Order.
If any liquids are removed from the excavated area, the liquids initially shall be
pumped into the storage tank(s) in the Work Area. The liquids shall be tested and
analyzed in compliance with the protocol in the Draft Leachate Management Plan, If the
liquids satisfY the criteria established by the County's Utility Department, the Contractor
may pump the liquids from the storage tank to the manhole located at the northeast corner
of Cell 6, which leads to the County's wastewater treatment plant. Thereafter, the Project
Manager may authorize the Contractor to pump directly from the excavated area to the
Page 24 of 28
Agenda Item No.1 OH
October 23, 2007
]0/11V2001-32 of 137
manhole, if the Project Manager determines that the liquids comply with the criteria
established by the County's Utility Department.
Notwithstanding anything else contained herein, the Contractor shall not pump
any liquids to the manhole if the Contractor knows or should know the liquids do not
comply with the criteria established by the County's Utility Department.
Contractor shall utilize a 4 inch diameter HDPE pipe to ensure a leak free
conveyance system to the manhole. The system shall be routinely inspected (i.e., at least
twice each day) during periods of operation.
Contractor shall take such steps as are necessary to comply with the requirements
of the County Utility Department concerning the quantity and quality of the liquids
pumped to the County's wastewater facilities. The Contractor shall provide all the
supporting documentation necessary to obtain and maintain the County's approval for the
disposal ofliquids at the County's wastewater treatment plant, including any test data that
may be required.
The Contractor shall carefully monitor and regulate the total flow of liquids from
the Site to the County's wastewater treatment plant, including the flow from the Work
Area and the flow from the Landfill. The Contractor shall not discharge more leachate
and liquids from the Site than can be handled safely by the County's wastewater
conveyance system (i.e., the pipes, pumps, and lift station) and the County's wastewater
treatment plant.
If the County's wastewater treatment plant cannot or will not accept the quantity
or quality of liquids generated by the Project, the Contractor shall pump the liquids into
tanker trucks and haul the liquids to another facility for disposal, after the Contractor
requests and receives a Change Order.
The Contractor shall keep the Project Manager fully informed at all times
concerning the quantity and quality of the liquids that accumulate in the bottom of the
excavated area. The Coordinator shall notify and consult with the Project Manager
immediately whenever: (a) the Contractor wishes to pump liquids out of the excavated
area; (b) the Contractor believes for any reason that the liquids in the excavated area
cannot be pumped to the County's wastewater treatment plant for disposal; (c) the
Contractor believes that additional leachate storage tanks should be installed in the Work
Area; and (d) the Contractor believes the storm water and leachate management plan
should be modified to address unanticipated conditions or other potential problems. In
the event that the Project Manager determines that the conditions necessitate the use of
allowance funds, the Project Manager will provide written authorization to the Contractor
to proceed. Usage of allowances shall be in accordance with the County Purchasing
Policy and Administrative Procedures in effect at the time such modifications are
authorized.
Page 25 of 28
Agenda Item NO.1 OH
October 23,2007
I 0/1IF200133 of 137
20.0 Managing Unacceptable Waste and Recyclable Material
The Contractor shall segregate Unacceptable Waste and Recyclable Material from
the Solid Waste excavated in the Work Area. When Unacceptable Waste is identified by
the Contractor or County, the Unacceptable Waste shall be removed and stored in leak-
resistant roll-off containers. Recyclable Material may be placed in stockpiles in the Work
Area.
The Contractor shall not knowingly deliver Unacceptable Waste or Recyclable
Material from the Work Area to the Landfill for disposal. The Contractor shall be
responsible for the management, transfer, and off-Site disposal of all Unacceptable Waste
that is excavated from the Work Area. The Contractor shall be responsible for the
management, transfer, and off-Site recycling of all Recyclable Material that is excavated
from the Work Area. The Contractor shall pay all costs incurred, and shall keep all
revenues earned, from the Contractor's management of the Unacceptable Waste and
Recyclable Materials excavated from the Work Area.
21.0 Managing Hazardous Waste
]1' Hazardous Wastes are encountered on-site, they shall be managed In
accordance with the FOEP Permit and Applicable Laws.
The identification of suspected potential Hazardous Waste shall be conducted by
utilizing various methods during excavation operations. These methods include, but are
not limited to, ambient air monitoring and visual inspection of materia] during
excavation. Ambient air monitoring using a PlD shall be performed during waste
excavation activities by a trained technician. Visual observation by equipment operators
shall also be used to identify suspected Hazardous Waste. Drums, sludge, powders,
andlor unusual colors shall be used as visual indicators of suspected Hazardous Waste.
Should a suspect material be encountered, work shall be halted in that area and an
exclusion zone shall be set up around the affected arca. The County shall be responsible
for the removal and proper disposal of any Hazardous Waste that is excavated in the
Work Area. The County may hire a third party to handle the Hazardous Waste or the
County Illay instruct the Contractor to make the necessary arrangements with a third
party contractor, at the County's expense. ]n either case, a licensed Hazardous Waste
contractor shall then be mobilized to the site for segregation, characterization,
containerization, and transportation of the waste to an appropriate disposal facility. It is
anticipated that the Hazardous Waste contractor will prepare a case-specific Health and
Safety Plan (HASP) and remove suspected Hazardous Waste from the excavation and
place it in a sealed container for sampling and characterization. The sealed container
shall be maintained in a secure portion of the site until disposal is arranged. The disposal
facility shall be determined based upon the waste characterization specifics. In the event
that Hazardous Waste is encountered during excavation operations, the Project Manager
shall be notified immediately.
Page 26 of 28
Agenda Item No.1 OH
October 23, 2007
10/11 f'2OO;64 of 137
In the event that the Project Manager determines that the conditions necessitate
the use of allowance funds, the Project Manager will provide written authorization to the
Contractor to proceed. Usage of allowances shall be in accordance with the County
Purchasing Policy and Administrative Procedures in effect at the time such modifications
are authorized.
22.0 Spill Prevention and Control Plan
The Spill Prevention and Control Plan for the Landfill shall be modified by
Contractor and used for this Project, subject to the Project Manager's approval.
23.0 Fire Prevention and Control Plan
The Fire Prevention and Control Plan for the Landfill shall be modified by
Contractor and used for this Project, subject to the Project Manager's approval.
24.0 Eqnipment and Personnel Requirements
At a minimum, the following equipment and personnel shall be used by the
Contractor to perform its work on the Project. These requirements may be modified after
receiving the Project Manager's written approval, which shall not be unreasonably
withheld. In the event that the Project Manager determines that conditions necessitate the
use of allowance funds, the Project Manager will provide written authorization to the
Contractor to proceed. Usage of allowances shall be in accordance with the County
Purchasing Policy and Administrative Procedures in effect at the time such modifications
are authorized.
Volvo 460 Excavator wi thumb attachment
.:. Stripping of Soil Cap
.:. Excavation of Waste
.:. Separating 'Naste
.:. Loading of Articulating Trucks
Cat 924 Rubber Tire Loader or equal
.:. Feeding of Excavated Waste into Power Screen
KEESTRACK Power Screen
.:. Screening of Waste
Cat 924 Rubber Tire Loader or equal
.:. Stockpile Management
.:. Materia] Loading
Page 27 of 28
Agenda Item NO.1 OH
October 23, 2007
] O/lIV200f35 of 137
Link Belt] 60 Track Excavator
.:. Material Separation and Sorting
.:. Stockpile Management
.:. Materia] Loading
.:. Stormwater & Leachate Management
.:. Genera] Excavator Activities
Volvo A30 D Articulated Truck or equal
.:. Material Hauling
D6 Bulldozer
.:. Stripping Soils, Stockpile Management
Water Truck
.:. Oust Control
Pumps
.:. 6" for stonnwater management
.:. 4" for leachate transfer
Personnel
(6) Operators
(6) General laborers
25.0 Progress Schednle
Contractor anticipates that the Project will take 18 to 24 months to complete after
Contractor receives notice to proceed. A detailed Progress Schedule shall be provided to,
and approved by, the Project Manager before Contractor commences work on the Site.
Any proposed changes to the approved Progress Schedule shall be brought to the Project
Manager's attention immediately and shall be subject to the Project Manager's approval.
Page 28 0[28
Age~da Item ~No._~o.l::l
-~,~,~,~< - ~-
Page 86 of 137
Attachment 1 to Exhibit "8"
Of the Landfill Reclamation Agreement
~
WASTE MANASEMENT
ODOR MANAGEMENT PROTOCOL
WASTE MANAGEMENT, INC.
SOUTHERN GROUP LANDFILLS
Agenda Item No.1 OH
October 23, 2007
Page 87 of 137
TABLE OF CONTENTS
Section
Pal!e
Purpose........................................................................................................................ 1-1
2 Site Assessment and Preparation.................................................................................. 2-1
General Odor Assessment ..........................................................................................2-1
Notification Program.................................................................................................. 2- ]
Notification List............................................................................................... 2-1
Notification Letter............................................................................................ 2-2
Weather Data Collection ............................................................................................2-2
Site Vicinity Map ......................... .............. ............. .............. ..................................... 2-3
Complaint Call Procedure ..........................................................................................2-3
3 Odor Survey Program..................................................................................................3-]
Training........ ,:........................................................................................................... 3-1
Odor Survey Points ....................................................................................................3-1
Odor Survey Protocol.. ........ ....................................................................................... 3-1
4 Complaint Handling Procedures .................................................................................. 4-1
Noti ficat ion Let1er...................................................................................................... 4-1
Odor Complaint Handling .......................................................................................... 4-1
F 0 1I0w- Up.................................................................................................................. 4-1
Site Response............................................................................................................. 4-2
5 Record Keeping And Reporting ................................................................................... 5-1
6 Variances..................................................................................................................... 6-1
Attachments
I Notification List
2 Sample Notification Letter
3 Weather Station Specifications and Vendor Information
4 Discussion Points and Questions for Complaint Calls
5 Field Odor Survey Form
6 Odor Survey Tracking Chart
7 Odor Complaint Form
8 Odor Complaint Tracking Chm1
9 Common On-site Odor Sources
Table olCon/ems
Agenda Item No. 10H
October 23, 2007
Page 88 of 137
SECTION 1 - PURPOSE
The release of odors from solid waste operations can result in short and long term problems in
areas such as: regulatory compliance, site expansions, community relations, and legal liability.
When odors impact the surrounding community, regulators typically look to enforcement
actions as a remedy. We have numerous examples of costly settlements and fines as a result of
this enforcement.
Odors are an inherent part of the operations of solid waste management facilities and must be
properly and proactive]y managed. It is important to understand that it is our host community
that is affected by odors from our operations. The management and control of off-site nuisance
odors is not always an easy task. In some instances other control systems at the facility, such as
landfill gas systems, may help in controlling off-site odors but these systems may not always
comp]etely control the odors. In these cases other control methods may be necessary.
The purpose of this Odor Management Protocol is to establish mandatory standard procedures
to be followed in actively handling and managing odor issues and complaints. The protocol
establishes resources and procedures for collecting data pertinent to odor control and defines
methods for responding to odor generation and complaints. The protocol is divided into 4 main
sections. Section 2 deals with procedures and resources that are to be developed and
implemented at all facilities to prepare for dealing with off-site odors. Section 3 describes the
components of an effective odor surveying program designed to detect off-site odors and
enable the facility to proactively manage odors. Section 4 outlines procedures for handling and
responding to odor complaints. Section 5 includes record keeping and reporting procedures for
documentation regarding odor management and complaints.
The implementation of this protocol will improve odor management at our facilities while also
improving the perception of our operations by our host communities. This will result in lower
costs now and in the future.
]-]
Section 1 - Purpose
Agenda item NO.1 OH
October 23, 2007
Page 89 of 137
SECTION 2 - SITE ASSESSMENT AND PREPARATION
Each site shall take the following steps to prepare for handling odor complaints.
GENERAL ODOR ASSESSMENT
Each site shall identify common odor sources at the site and the need for any current or future
odor control activities or devices. This assessment should include items such as:
. Proximity of operations andlor any other potential odor sources to the property
boundary and receptors (especially for large facilities).
· Short-term activities such as gas well installation, waste excavation, or other
activities that may generate odors.
. New waste streams with different odor characteristics.
· The need for gas system upgrades (e.g. new wells, placing leachate nsers or
manholes under vacuum, etc.) or repairs.
. New on or off-site operations such as solidification that may generate odors.
The results of this assessment shall be documented and placed in the odor management binder
described in Section 5. The assessment must be updated as operations change but no less than
annually.
NOTIFICATION PROGRAM
Each site shall develop and implement a program for notifying pertinent individuals andlor
groups that may be impacted by ofT-site odors.
Notification List
The District Manager shall develop a list of pertinent and potentially affected people andlor
groups that may be impacted by off-site odors to be notified when an off-site odor may be
detected due to specific operations or activities. This list may include neighbors living close to
the facility, government officials or agencies, community groups, homeowners associations,
etc. Whenever possible, written or telephonic notifIcation should be provided prior to any
operations or activities that may generate off-site odors. The Notification List in Attachment]
shall be completed with the infonnation discussed above. It is recommended that each facility
create an electronic mailing list to be used in the event that a mass mailing is necessmy.
2-1
Section 2 - Site Assessmellf alld Preparation
Agenda Item NO.1 OH
October 23, 2007
Page 90 of 137
Notification Letter
The District Manager for each facility shall generate a standard notification letter that shall be
used to notify pertinent people and/or groups prior to activities that may generate off-site odors.
The standard notification letter shall include the following.
. Dates andlor times when odors may be expected.
. Reason for odors (i.e. LFG well drilling, receipt of odorous loads, etc.) and an
estimated duration.
. How Waste Management, Inc. will attempt to minimize the odors.
. Landfill contact information ifthere are any questions.
A sample notification letter format is included as Attachment 2.
WEATHER DATA COLLECTION
Each site shall install an on-site weather station to record meteorological data. The weather
station shall record data at minimum 15-minute intervals and documented using strip charts or
electronic downloads. Devices measuring the following minimum data shall be included in the
weather station.
. Wind Direction and Speed
. Rainfall/Precipitation Amounts
. Temperature
. Barometric Pressure
. Humidity
Attachment 3 includes example equipment and vendor infOlmation for some weather stations
that meet the requirements of this protocol. Any weather station that collects and records the
minimum data listed above is acceptable. If a site currently has a weather station collecting the
minimum data listed above but not meeting the recording frequency, variances will be
considered by the Group Environmenta] Compliance Manager.
2-2
Section 2 - Site Assessment and Preparation
Agenda Item NO.1 OH
October 23, 2007
Page 91 of 137
SITE VICINITY MAP
Each site shall develop a site vicinity map. The map shall be a 24" X 36" minimum size color
photo less than one year old and shall be prominently displayed within the facility office. The
map shall contain a string scale, boundaries, an alphanumeric grid, and encompass an area of
one mile outside the perimeter of the site. The one-mile radius may be extended if a known
off-site odor source is outside the one-mile radius. The site vicinity map shall show the
following features, which will be labeled on the map:
. Landfill facility location, property boundary, permitted boundary, and surrounding
areas.
. Location of all possible on-site odor producing areas.
. Location of all otf-site odor producing sources, such as wastewater treatment plants,
paper mills, composting facilities, yard waste handlinglburning, land application of
sludges, farms, etc. These locations shall include potentia] off-site sources within at
least one mile ofthe perimeter of the facility.
. Location of potentia] receptors to odors, such as churches, neighborhoods, schools,
business parks, highway toll booths, etc.
. Location of odor the observation points included in the Odor Survey.
. Key streets and other landmarks.
This map can be requested from the respective site's aerial photographer (or other source if
desired) to be made during the annual tlyover for volume calculations. For expense reasons,
the photo does not have to be orthogonal.
COMPLAINT CALL PROCEDURE
Each site shall develop a procedure for handling odor complaint calls, which shall include the
following:
. The District Manager shall detennine a primary manager and an alternate to receive
all complaint calls. This infomlation shall be posted at each facility telephone for
quick reference and updated as necessary.
. The District Manager shall ensure that a person and not a machine answer all calls
during business hours. If an automated system is used, it must include a selection
for odor complaints that will immediately forward the call to the primary or
alternate odor complaint manager.
2-3
Section 2- Site Assessment and Preparation
Agenda Item NO.1 OH
October 23,2007
Page 92 of 137
. The District Manager shall develop a site-specific list of discussion points and
questions to be followed during complaint calls and have this list on hand when
taking an odor complaint. An example is provided in Attachment 4.
. Copies of all completed odor complaint logs shall be filed in the sites odor
management binder.
2-4
Section 2 - Site Assessment and Preparation
Agenda Item NO.1 OH
October 23, 2007
Page 93 of 137
SECTION 3 - ODOR SURVEY PROGRAM
Each site shall develop and implement an odor survey program. The program shall include the
following:
TRAINING
Each site shall send the District Manager and designated odor surveyor(s) to odor
determination training designed to train personnel to detect odors on an n-butanol scale in
accordance with the ASTM Standard for Determination for Odor Concentrations (E679-91).
At a minimum, one person shall be trained per site if the waste intake at the site is less than 750
tons/day. Two people shall be trained per site if the waste intake is greater than 750 tons/day.
Initia] odor determination training classes will be scheduled by the Group during the second
quarter 2002. Classes will be provided at centralized locations throughout the Southern Group.
After completion of the initial training classes, odor determination training will become the
responsibility of the individual landfills. Training can be obtained through any source as long
as the training follows the ASTM method listed above.
It is strongly recommended that the designated odor surveyors be employees that do not
normally work in or around the active waste disposal areas. Administrative personnel or others
who would not be desensitized to odors are best suited for this function.
ODOR SURVEY POINTS
Select at least six site-specific daily odor survey points that shall be monitored every working
day. Survey points shall be located at or beyond the landfill property and locations shall be
selected considering factors such as: prcdominant wind direction, location of receptors,
proximity of operations to property boundary, etc. Once selected. these points shall be clearly
identified and recorded in a file as well as located on the site vicinity map. Thcre shall be no
exception to the daily survey requirement unless authorized by the Group Environmental
Compliance Manager and Group Landfill Operations Director.
ODOR SURVEY PROTOCOL
Every working day, an odor-trained facility employee shall conduct at least one odor survey at
each odor survey point. Initially, the odor surveys shall be conducted at the beginning of every
working day, approximately 8:00 a.m. It; after reassessment, the odor complaints are received
more often in the afternoon or evening, additional odor surveys shall be conducted during those
periods within normal working hours when the most complaints are received. The following
items shall be addressed when conducting the odor survey.
3-1
Section 3 -- Odor Monitoring Program
Agenda Item NO.1 OH
October 23, 2007
Page 94 of 137
. Only properly trained personnel should conduct the daily odor surveys.
. The surveyor shall visit all of the predetermined survey points. At each point, the
surveyor shall exit the transportation vehicle, smell the surrounding undisturbed air
for one minute, and record the observations on the Field Odor Survey Form found in
Attachment 5. Repeat this procedure for each survey point.
. The surveyor shall note any odors detected from other nearby sources or
observations of any activities at nearby sources that may generate nuisance odors.
. Upon return to the office, the surveyor shall complete the form by recording the
time of survey, weather conditions at time of survey, intensity and description of
odor, etc. on the Fie]d Odor Survey Form found in Attachment 5. The Field Odor
Survey Form shall be kept in a binder in the office for easy reference. Results shall
be entered into the Odor Survey Tracking Chart no less than twice per month. See
Attachment 6 for these charts.
3-2
Section 3 - Odor Monitoring Program
Agenda Item NO.1 OH
October 23,2007
Page 95 of 137
SECTION 4 - COMPLAINT HANDLING PROCEDURES
Each site shall follow the procedures given below when responding to odor issues.
NOTIFICATION LETTER
Whenever it is anticipated that off-site odors may be present due to a specific activity or
operation, the Notification Letter described in the Site Assessment section above shall be
distributed to potentially effected parties on the Notification List. If time does not permit
mailing the letters prior to the activities that may result in off-site odors, letters must be hand
delivered and/or notification may be made by telephone.
ODOR COMPLAINT PROCESSING
. When an odor complain is received, it shall be routed to the District Manager or
designee. These people are the only site personnel authorized to receive the
complaint except in the event both are gone and unable to be reached.
. The District Manager or designee shall then discuss the odor issue with the
complainant. The site-specific list of discussion points referenced earlier shall be
used as a guide during this conversation.
. At the time the complaint is received, the District Manager or designee shall
complete the Odor Complaint Form found in Attachment 7, paying special attention
to recording the specific time and location of the detected odors. The location of the
complaint shall be recorded as both an address (if available) and as an alphanumeric
grid location as referenced on the site vicinity map.
FOLLOW-UP
Once an odor complaint has been received, the District Manager or designee shall:
. Check weather station data for the specific time and date of the odor complaint.
Record data on Odor Complaint Form.
. Identify the location of odor complaint using the grid system established on the site
vicinity map.
. Record complaint in the Odor Complaint Tracking Chart. See Attachment 8 for the
monthly charts.
4-1
Section 4. Complaint Handling Procedures
Agenda Item NO.1 OH
October 23, 2007
Page 96 of 137
. Visit the location of the complaint immediately to confirm odor. Under no
circumstances shall the visit occur more than one hour after the complaint is
received (applies only to current complaints).
. Make follow-up call(s) to the complainant. The follow-up call should include, at a
mlmmum:
The manager's findings concerning the complaint.
The source of the odors, if determined.
The duration of the odor, if known.
Any corrective measures if odors are from the facility.
. File the Field Odor Survey Forms and Odor Complaint Forms in a dedicated binder.
Fi]es shall be stored on site. Data must be entered into the electronic files at least
twice a month and backed-up on disk quarterly.
SITE RESPONSE
To prevent further complaints, each site shall:
. Compare present odor complaint received to past odor complaints. Determine any
correlation between the complaints. For example, do the complaints come at a
specific time of day or when a specific operation is taking place on the site?
. Review list of common on-site sources for the cause of the odor complaint. See
Attachment 9 for a list of common on-site sources.
. Identify corrective measures for all potential odor sources. Some examples are:
Revamp housekeeping and operational controls of landfill waste.
Regularly inspect condition of the landfill cap system in closed portions of the
]andfilL Repair any cracks.
Use an alternate working face location for days with unfavorable wind
conditions.
For one-time events that involve disposing of odorous waste, dispose of in a
dedicated trench or pit, cover frequently, and utilize an odor control agent
misted around the perimeter of the disposal area.
4-2
Section 4 - Complaint Handling Procedures
Agenda Item NO.1 OH
October 23, 2007
Page 97 of 137
Add an odor contro I agent to the water truck and water perimeter roads.
Install, expand, or optimize the existing landfill gas extraction system.
Connect sideslope risers, leachate cleanouts, and leachate manholes to the
existing landfill gas extraction system.
Add liquid odor control chemicals directly to leachate or sludge tanker truck.
When using tarps as daily cover, place a granular odor control material under the
tarp.
Eva]uate potential pre-treatment of odorous waste streams with customer
Increase flare capacity andlor residence time
Replace open flare with enclosed flare
. Consider performing third-party odor surveys to resolve disputes
. ] mplement and document corrective measures.
4-3
Section'; - Complaint Handling Procedures
Agenda Item NO.1 OH
October 23, 2007
Page 98 of 137
SECTION 5 - RECORDKEEPING AND REPORTING
Each site shall maintain complete files of all odor complaint logs and forms and any other
documentation required by this protocol in a on site in a single binder. The odor binder shall
include information for the past 12 months. Information greater than ]2 months old may be
transferred to a file also maintained at the site. All records shall be kept on site for at least 3
years.
Each site shall submit odor summaries to the offices listed below at the following times.
. Submit the Odor Complaint Tracking Chart to the Market Area Landfill Manager on
the last day of each month. If no complaints were received during the month,
submit documentation to this effect.
. Submit the Odor Survey Tracking Charts, Odor Complaint Tracking Charts, and
corrective measures identified and implemented in response to the complaints to the
Group Environmenta] Compliance Manager by the sth day following the end of
every quarter.
5-1
Section 5 - Recordkeeping and Reporting
Agenda Item NO.1 OH
October 23, 2007
Page 99 of 137
SECTION 6 - V ARlANCES
Each operating landfill in the Southern Group shall implement all requirements of this protocol.
Unless and until a variance from the protocol has been issued, all provisions of this protocol
shall be implemented.
Requests for variances from any requirement of the protocol should be directed to the Group
Landfill Operations Director or Group Environmental Compliance Manager. Variance requests
shall be submitted in memo form with the necessary specifics. If a variance is approved, the
District Manager will be notified, in writing. Copies of variances must be filed in the facility's
odor binder.
If, for any reason, it becomes necessary to cancel a variance, the Group Landfill Operations
Director or Group Environmental Compliance Manager will notifY the District Manager in
writing ofthe cancellation.
6-]
Section 6 Variances
A,.,onr!? Itom 1\1" 1nl--l
October 23, 2007
Page 100 of 137
ATTACHMENT 1
NOTIFICATION LIST
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October 23, 2007
Page 102 of 137
-
ATTACHMENT 2
SAMPLE NOTIFICATION LETTER
Agenda Item NO.1 OH
October 23, 2007
Page 103 of 137
January I, 2002
Mr. John Doe
1234 Main Street
Atlanta, Georgia 10000
RE: Potential Off-Site Odors
Waste Management Landfill
Dear Mr. Doe:
In order to better collect and control ]andfill gas generated by landfill, the Landfill will be
installing 10 new landfill gas wells during the week of January 7, 2002. This project is
expected to take between 3 and 5 days complete.
The installation of these wells is required by USEP A and state regulation to properly collect
gases generated within the landfill. The installation of the additional wells will assist us in
preventing off-site odors due to the emission of landfill gas. However, during the installation
of these wells, some odors may be detected due to the need to drill into existing waste.
Waste Management will make every effort to complete this project as quickly as possible and
to minimize and odors associated with the project. if needed, odor control agents will be
utilized to control any temporary odors.
If you have any questions, please contact me at
Sincerely,
ATTACHMENT 3
WEATHER STATION SPECIFICATIONS
AND VENDOR INFORMATION
Anon"'~ Itorn f\!,., 1 n~
October 23, 2007
Page 104 of 137
Agenda Item NO.1 OH
October 23, 2007
Page 105 of 137
WEATHER STATION SPECIFICATIONS AND VENDOR INFORMATION
Each weather station shall have sensors to measure the following conditions: wind direction
and speed, rainfall/precipitation amounts, temperature, barometric pressure, and humidity. The
data from the sensors shall be recorded at minimum] 5-minute intervals and documented using
strip charts or electronic downloads. The following is a list of weather station vendors:
. Davis Instruments
4701 Mount Hope Drive
Baltimore, MD 2] 215
] -800-368-2516
. R.M. Young Company
280 I Aero Park Drive
Traverse City, MI 49686
231-946-3980
. Texas Electronics, Inc.
Box 7225
Dallas, TX 75209
1-800-424-5651
. Omega Engineering, Inc.
One Omega Drive Box 4047
Stamford, CT 06907
1-800-826-6342
. Qualimetrics Inc.
] 165 National Drive
Sacramento, CA 95834
J -800-824-5873
Note: Any system capable of measuring the necessary atmospheric data and meeting the
specified recording requirements is acceptable.
l\m::mrl? ItDrn t\l,...., 1 f\l-l
October 23, 2007
Page 106 of 137
ATTACHMENT 4
DISCUSSION POINTS AND QUESTIONS
FOR COMPLAINT CALLS
Agenda Item No. 10H
October 23, 2007
Page 107 of 137
DISCUSSION POINTS AND QUESTIONS FOR COMPLAINT CALLS
When answering a complaint call:
. Get caller's name address and telephone number.
. Do not argue with the complainant.
· Be sympathetic to the person's situation; tell them you are sorry for their
. .
mconvemence.
. Let them vent all their frustrations.
· Ask questions pertaining to the odor complaint form such as:
What type of odor do you smell?
How strong is the odor?
When did you first begin smelling the odor?
- Has the same odor been noticed before?
What direction is the odor coming from?
Waslls the weather unusual in any way when you smellcd the odor?
. Tell the complainant what your course of action is to help with the problem.
· Tell the complainant that you will follow-up to make sure the problem has been
resolved.
Li..,c:>nrl~ Itpm f\ln 111l....1
October 23,2007
Page 108 of 137
ATTACHMENT 5
FIELD ODOR SURVEY FORM
Agenda Item No. 10H
October 23, 2007
Page 109 of 137
TIME:
FAClUIY ADDRESS:
SURVEYOR:
Please proviJJe 1UlSWt!1:5 In aD of the followiJtg questions.
1) Are there any reasons for odor, such as a signifiCJ11tly large armunt of trash being durrped, lUlcovering trash that \\as
covered the nigllt befure, odor producing leachate stornge methods, new gas ""II instaltations or waste excatItion?
2) If odor.; are possible, are they due to landfill gas or from landfill operations?
3) Are there Orn.:llS detected from other nearby sources or activities going on that rmy generate nuisance cxJors?
=nbe them.
Weather Cooditions
Wmd Di=tion and Speed:
llaroiretric Pressure:
Rainfull:
Humidity:
TeITJX'f'llure:
Odor Swveying Points
OOOR rESCRlPTlOO
OOORlmENSllY EG = ROTTEN EOO
S = STRalG LFG = lANDFILL G\S
M=~LM NJV = t-.EWW\STE
SuIvey SL = SUGHT 0= Oll-ER (PlEASE
Poirt IDII lOCIITIOO N=NOfoE DE9C:RJBE) (n~I\1INlS& OIj<,'ERV.~1l(N;
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3)
4)
5)
6)
7)
8)
9)
10)
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October 23, 2007
Page 110 of 137
A TTCHMENT 6
ODOR SURVEY TRACKING CHART
A,.,:::.nn;:l !tOo"" rq,-. 1(1l-1
October 23, 2007
Page 111 of 137
ATTACHMENT 7
ODOR COMPLAINT FORM
ODOR COMPLAINT FORM
Agenda Item NO.1 OH
October 23, 2007
Page 112 of 137
FACILITY NAME:
FACILITY ADDRESS:
RECEIVED BY:
DATE:
TIME:
Contact Information of the Complainant
Name:
Address:
Address2:
Phone:
Odor Information
Date Detected:
Time Detected:
Location Detected:
Grid Coordinates:
Description of Com plaint
Type of Odor:
Intensitv of Odor:
Weather Conditions when odor was detected:
Were odors noticed at this location in past:
eather Conditions (At the time odors were detected)
Wind Direction and Speed:
Barometric Pressure:
Rainfall:
Humidity:
Temperature:
Remarks
(Include infonnation such as special waste being received, \\'ash down of transfer station floor occurring, new
gas well installation, location of current working face, etc.)
Follow-up Contact with Complainant
Was follow-up contact made with the complainant?
If so, answer the following questions:
When was contact made?
By whom and how was contact made?
Date:
Time:
How was the contact made" eLener, Phone Call, etc.)
._~at issues were discussed with the complainant?
Anon,b Item 1\1" 1n~
October 23, 2007
Page 113 of 137
ATTACHMENT 8
ODOR
COMPLAINT TRACKING CHART
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October 23, 2007
Page 115 of 137
ATTACHMENT 9
COMMON ON-SITE ODOR SOURCES
Agenda Item NO.1 OH
October 23, 2007
Page 116 of 137
COMMON ON-SITE ODOR SOURCES
. Gas Well or Horizontal Collector Installation
. Waste Excavation
. Cracks in Landfill Cap System in Closed Portions of the Landfill
. Tom Geomembrane Boots at Extraction Wells
. Gas Wells in Disrepair (i.e. tom flexhoses, faulty or cracked valves or
wellheads)
. Condensate or Leachate Riser Lids not Securely Fastened or not under
vacuum
. Receipt of Odorous Loads
. Pungent special waste loads
. Sludges
. Autoclave waste
.
Using Tarps as Dai]y Cover
.
Unusually large rates ofloading
.
Leachate Storage Methods
.
Insufficient Cover Thickness at Active Area or Areas at Intermediate
Grade
.
Yard Waste Storage or Compost Areas
Agenda Item No.1 OH
October 23,2007
Page 117 of 137
Attachment 2 to Exhibit "B"
of the Landfill Reclamation Agreement
Leachate Management Plan
Contractor's primary objective is to leave liquids in place that do not pose a threat to
human health and the environment. Liquids are currently in and around the Solid Waste
located in the Work Area. It is believed that additional water from outside of the fill will
enter into excavated areas when excavation occurs below groundwater level. The
surrounding groundwater entering into excavated areas will dilute the liquids that drain
from the waste and improve the overall condition of the remaining water. Water will be
periodically tested to determine if there are elevated concentrations of harmful
constituents.
Contractor will propose in our Mining Plan to the FDEP that this testing is done to the
same standards and protocol as groundwater testing. Additionally we will suggest that the
testing frequency for the water be similar to the soil testing frequency of one per acre or
approximately 23 tests.
The following is the proposed plan for addressing the target water quality levels for the
water to be left in place as part of the Cells I & 2 reclamation project at the Collier
County Landfill.
Develop a baseline for the wells around Cells] and 2 (MW-535, MW-l, MW-2, MW-3,
MW-15, MW-16, and MW-17). Actual number of wells used may change, depending on
flow direction.
o Baseline for Field Parameters: Average or mean concentrations will be
identified for pH, conductivity, and Turbidity. Turbidity may be an issue,
if the water is disturbed.
o Baseline for Inoruanics: Average or mean concentration will be identified
for detected metals and Florida indicators (chloride, sodium, ammonia,
etc.) for the last 5-10 years.
o Baseline I()r Organics: (e.g., volatile organic compounds or "VOCs",
other man-made compounds) is non-detect.
o Evaluate water levels in these wells monthly during the excavation process
and identify/confinn wells are down gradient.
o Monitor groundwater wells quarterly for all FDEP Permit required
parameters, during thc excavation.
o Evaluate data quarterly to see if concentrations trend up or exceed the base
line and if the excavation is the source (based on flow direction and results
from the excavation).
Agenda Item NO.1 OH
October 23, 2007
Page 118 of 137
The following criteria shall be used for evaluating whether or not to leave liquids within
the excavation area:
o Odor: If the liquid in the excavated area causes Objectionable Odors
beyond the property line of the Site and such odors cannot be eliminated
by treating the liquid, or using the Odor Control System, or other feasible
methods, the liquid shall be pumped out of the excavated area.
o Visual Criteria: No sheens, floating product, or foaming. Should these
conditions exist, the liquids may be pumped from the excavated area.
WMIF will use booms and pumps to remove foam, sheens, floating
product, etc., while minimizing the quantity of liquid removed.
o Inorganic Criteria: Pumping may be required, as determined by WMIF, if
the test results exceed the Maximum Contaminant Level (MCL) for an
inorganic criterion. Samples shall be filtered when collected to eliminate
turbidity.
o Organic Criteria: VOCs and other man-made compounds should not
exceed the MCL or Clean-up Target Leve]s for ground water (Table I in
Chapter 62-777, F.A.C), whichever is higher.
o Other Criteria: Pumping may be required, as deternlined by Contractor, if
(a) organic (manmade) or inorganic criteria increase significantly above
the baseline at the edge of the zone of discharge for the Site.
o At least one confinnatory sample shall be co llected and analyzed in all
cases before pumping begins, except cases involving odors or the visual
criteria.
Regulatorv issue: If the results are below background or site baseline, then no action is
required. If water results are above background or baseline, then there is a potential for
impacts to groundwater wells that would require the Site to enter into assessment. If
water results are above an MCL or a regulatory standard (and are above the
baseline/background), then there is potential for impacts to groundwater that would
require corrective action.
Technica] Issue: For parameters with a relatively high health-based standard, applying
the criteria is easier because there is less of a problem associated with sampling or
laboratory variability. For parameters with low health-based standards, then a slight
change in analytical results could exceed the regulatory standard. In accordance with
EPA guidance, statistics are the best way to compare results to health based standards. ]n
cases of groundwater, we would compare confidence limits to the health-based standard,
which require 4 samples. Since we are collecting water samples and not groundwater
samples, we can consider using mean concentrations instead of confidence limits. This
approach is a bit more flexible.
Statistical Criteria for VOCs or Meta]s/lndicators above Base]ine:
2
Agenda item NO.1 OH
October 23, 2007
Page 119 of 137
. ]1' (a) VOCs are not detected (NO) or are detected below the PQL and (b) metals
or indicators are ND or are detected below background/baseline, then no action is
required.
. IfVOCs are detected above the practical quantitation limit ("PQL"), or metals or
indicators are detected above baseline:
o Collect 3 independent resamples. Run the 1 st resample on a 24 hr
turnaround, hold the other two pending results.
o If results are not verified by the 1st resample - no action is required.
o If results are verified, then run the other two samples.
o Calculate the mean concentration on the results.
. Ifthe mean is above the MCL or the health based standard, then we should pump
out a volume equivalent to the water in the cell.
o Reason - Statistically, at least 50% of the GW data population is above a
regulatory standard. There is a risk of assessment and corrective action.
. If the mean concentration is below the MCL or the health based standard, then no
action should be required.
o Reason - Statistically, 50 % of the entire population ofGW data is below a
health based standard. There is still a risk of assessment, but less risk of
corrective action.
o Increase the frequency of groundwater monitoring at the nearest
downgradient well.
In the event that liquids need to be removed, the liquids would be handled in the manner
provided in the General Scope of Work.
The pumping system shall be routinely inspected during periods of operation. The
wastewater discharge permit issued by Co llier County shall govern the discharge.
Additionally, Contractor shall closely monitor discharge activities and balance the
discharge flow from Cells I & 2 with the discharge from the Landfill to ensure that the
main lift station functions properly and does not overflow.
Contin!!encv Plan for Pumllin!! Leachate from Cells 1 & 2
I. Contractor shall supply the Administrator with a complete analysis of the leachate
(i.e., liquids in the excavated area) at least 30 days before any pumping of
leachate to the wastewater collection system can begin.
2. Contractor shall install a flow meter on the pipeline from the Work Area to the
wastewater treatment plant. The flow meter shall be read by the Contractor and
the results submitted to the SCWRF plant manager each day that leachate is
pumped to the wastewater collection system. Daily flow readings shall also be
submitted to the wastewater Pretreatment Department on a monthly basis, not
later than the 15th day of the month following the month when the flow data was
collected. For example, December's flow data shall be submitted by January 15th.
3. Leachate shall be sampled and analyzed each week for pH, TDS, COD, BOD,
TKN, Ammonia, and Chlorides.
3
Agenda Item NO.1 OH
October 23,2007
Page 120 of 137
4. Leachate shall be sampled and analyzed monthly during the Project for heavy
metals and nutrients. The Contractor shall report all sampling results and daily
flows to the County's Pretreatment Department by the 15th day of the following
month.
5. The sampling point shall to be marked (identified) with a sign m case the
County's Pretreatment Department or Laboratory staff wish to sample the
leachate.
6. Contractor shall be given a maximum daily flow value that the Contractor shall
not exceed when pumping to the wastewater collection system.
7. The South County Plant Manager shall decide when and if the pumping of
leachate has to be reduced or stopped during the term of the Project.
8. Prior to the commencement of pumping from the Work Area, Contractor shall set
up one temporary tank in the Work Area, which shall be used to temporarily store
leachate during times that the wastewater system can not accept the leachate.
Once the volume of stored leachate reaches 50% of the capacity of the initial tank,
the Contnictor shall notify the Administrator. The Administrator shall notify the
Contractor whether the County wants the Contractor to provide additional tanks
for storage of liquids at the Site. Contractor shall be compensated by County for
the tanks, based upon the fees established in the Agreement (Exhibit 'T').
9. The leachate conveyance system that serves the Work Area and the Site shall be
analyzed by the County prior to the start of the Project to ensure that it will be
able to accommodate the higher flow rates of this Project.
10. Contractor shall not be allowed to discharge to the wastewater collection system
or the County's wastewater treatment facilities at any time and for
whatever period of time that the SCWRF Plant Manager, Wastewater Collections
Manager, Wastewater Department Director or Wastewater Compliance Manager
deem to be detrimental to the wastewater collection or treatment system
operations. ]n this event, the Contractor shall transport and dispose of all liquids
that must be pumped and removed from the Work Area, which exceed the storage
capacity of the tank(s) in the Work Area. The Contractor shall be reimbursed for
this service, based on the fees set forth in the Agreement (Exhibit "F").
Unless the following criteria are revised by the County, the loading to the County's
wastewater system shall be limited to the following:.
. Maximum daily flow will be = < 72,000 gallons per 24 hour period. This flow
will be furthcr restricted by the loading values below:
. 200 Ibslday ofNH4 (Ammonia)
. 1000 lbslday of B.O.o.
. pH values of 6.0 to 8.5
. Chloride of 500 MGIL or less
4
Agenda Item NO.1 OH
October 23, 2007
Page 121 of 137
Exhibit "e" to Landfill Reclamation Agreement:
Technical Specifications for Construction Surveying
1. SUMMARY
A Contractor shall conduct all surveys required under the Agreement and shall provide them
to the County.
B. Contractor shall complete all construction staking as required to complete the work.
C Contractor shall complete all surveying required to provide as-built documents and
determine the excavation quantities for billing purposes.
D. Contractor shall restake all damaged or destroyed staking as a result of actions by
Contractor. County may verify any survey data, including the survey of existing conditions
and the data gathered to determine the as-built quantities.
2. PRIMARY CONTROL MONUMENTS
A. Benchmarks, monuments, references and controls shall be established by the Contractor
and may be verified by County to establish primary vertical controls for the Work Area.
B. Contractor will protect and maintain the primary control monuments throughout the
duration of the Project.
C If marked comers or monuments are damaged by Contractor, or Contractor's subcontractor
or suppliers, Contractor shall repair or replace the damaged feature and document that the
repair was performed under the supervision of a Registered Land Surveyor ("RLS") that is
licensed in the State of Florida and employed by or subcontracted to Contractor.
3. CONTRACTOR'S RESPONSIBILITIES
A. Coordinate with County, as required to schedule and coordinate the surveying activities to
be completed by Contractor.
B. Repair or replace all controls damaged by Contractor. Contractor's subcontractors, or
suppliers.
C Employ or sub-contract a RLS licensed in the State of F]orida to provide line and grade
staking, as necessary to complete the Project.
D. Contractor's RLS shall complete the following:
1. Document construction quantities (i.e., total quantity of material excavated from Work
Area)
2. Document as-built conditions and monthly interim grades during the excavation
process.
3. Quantities will be documented based on Contractor's survey of line and grade and
surfaces, subject to the verification and mutual concurrence of the Contractor and the
County
4. County reserves the right to check the accuracy of the reported line and grade by visual
inspection and field survey.
5. The Contractor's collected survey data and documentation shall be provided to the
County within three (3) work days of being requested
Page I on
Agenda Item NO.1 OH
October 23, 2007
Page 122 of 137
6. Submit certificate of licensure for Contractor's RLS prior to excavating any Solid
Waste from the Work Area.
4. COUNTY RESPONSIBILITIES
A. County shall complete the verification survey, if any, under the direct supervision of an
RLS licensed in the State of Florida.
B. County shall establish control benchmarks, if needed. If the County decides to use control
benchmarks different than those used by the Contractor's, then the County shall include a
survey of Contractor's benchmarks and identify the spatial relationship of the differing
benchmarks.
5. PRIMARY LINE AND GRADE
A. Primary line and grade and intermediate staking, as necessary, shall be staked by the
Contractor.
B. Stakes for the excavation and embankment shall be set by the Contractor to identify, at a
minimum, the approximate limits of waste.
6. CQA DOCUMENTATION
A. At a minimum, Contractor's surveyor shall establish and utilize a 50 ft x 50 ft grid over the
Work Area. Contractor shall document the top and bottom elevations of the Solid Waste
removed from the Work Area at all intersections of the 50 ft x 50 ft grid. Additional survey
points may be required and used to better define the Work Area.
B. Contractor shall document the following surfaces to measure quantities for payment The
quantities may be verified by County upon notification by Contractor.
I. Surface of areas from which waste is excavated
2. As-built grades at completion of excavation
7. DOCUMENTATION OF QUANTITIES
A. Contractor shall complete surveys and calculations necessary to determine the amount to be
paid to the Contractor under the Agreement.
B. Contractor shall coordinate its activities with the County, as required, to facilitate
documentation of quantities. The excavated areas will remain uncovered and available to
the County's surveyor for verification for at least three (3) working Days, unless a different
schedule is approved by the Administrator for odor. safety, environmental or other reasons.
C. Contractor shall provide access to all areas, as requested by County for documentation
purposes.
D. Quantities to be documented by survey include, but are not be limited to, the following:
I. Volume excavated
2. Area of soil cap stripped
3. Volume of soil, ifany, backfilled in the excavated areas
E. Quantities will be documented by survey using the following features:
a. Existing conditions
b. Thickness of soil cap
c. Top bank and bottom toe of exterior slopes after waste is excavated
Page 2 01'3
Agenda Item NO.1 OH
October 23, 2007
Page 123 of 137
d. Dimensions and limits of the excavated area
e. Final bottom grades of excavated area
F. All submitted data shall be certified by the Contractor as properly compiled and accurate.
9. AS-BUILT SURVEY
A. Contractor's surveyor shall provide as-built data on the beginning and final grades after
completion of excavation.
Page 3 of3
Exhibit "E" to Landfill Reclamation Agreement:
Draft Performance Bond
Agenda Item NO.1 OH
October 23, 2007
Page 124 of 137
Agenda Item No. 10H
October 23, 2007
Page 125 of 137
Draft Performance Bond
Any singular reference to CONTRACTOR, Surety, COUNTY or other party shall be considered
plural where applicable.
CONTRACTOR:
business):
SURETY (name and principal place of
COUNTY (OWNER):
Collier County
LANDFILL RECLAMATION PROJECT FOR CELLS 1 AND 2 OF THE COLLIER COUNTY
LANDFILL
Date:
,2007
BOND
Date:
Amount: Five Million Dollars ($5,000,000)
Modifications to this Bond:
None
See Paget s)
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
SURETY
Company: (Corporate Seal)
Signature
Signature
Print Name
Print Name
Page 1 of 5
Agenda Item NO.1 OH
October 23, 2007
Page 126 of 137
Title
Title
(Any additional signatures please include at the end of page 5 ofthe exhibit)
FLORIDA RESIDENT AGENT
Print Name
Address
Phone
Fax
1. The CONTRACTOR and the Surety, jointly and severally bind themselves, their
heirs, executors, Administrators, successors and assigns to the COUNTY for the perfomlance of
the requirements in the LANDF1LL RECLAMATION PROJECT FOR CELLS I AND 2 OF
THE COLLIER COUNTY LANDFILL, which is incorporated herein by reference.
2. If the CONTRACTOR performs its duties and obligations in compliance with the
Agreement, the Surety and the CONTRACTOR shall have no obligation under this Bond, except
to participate in conferences.
3.
arise after:
If there is no COUNTY Default, the Surety's obligation under this Bond shall
A. The COUNTY has notified the CONTRACTOR and the Surety at its
address described in paragraph 10 below that the COUNTY is
considering declaring a CONTRACTOR Default and has requested and
attempted to arrange a conference with the CONTRACTOR and the
Surety to be held not later than fifteen (t 5) days after receipt of such
notice to discuss methods of satisfying the requirements in the
Ai,'feement. If the COUNTY, the CONTRACTOR and the Surety agree,
the CONTRACTOR shall be allowed a reasonable time to satisfy its
obligations under the Agreement, but such an agreement shall not waive
the COUNTY's right, if any, subsequently to declare a CONTRACTOR
Default; and
B. The COUNTY has declared a CONTRACTOR Default and fonnally
terminated the Contractor's right to complete the Agreement. Such
CONTRACTOR Default shall not be declared earlier than five (5) days
after the CONTRACTOR and the Surety have received notice.
4. When the COUNTY has satisfied the conditions of parai,'faph 3, the Surety shall
promptly and at the Surety's expense take one of the following actions:
A. AITange for the CONTRACTOR, with consent of the COUNTY, to
perfonn and complete the Agreement; or
Page20f5
Agenda Item NO.1 OH
October 23, 2007
Page 127 of 137
B. Undertake to perform and complete the Agreement itself, through its
agents or through independent Contractors; or
C. Obtain bids or negotiated proposals from qualified Contractors
acceptable to the COUNTY for the performance and completion of the
Af,'feement, arrange for a contract to be prepared for execution by the
COUNTY and the Contractor selected with the COUNTY's concurrence,
to be secured with performance and payment bonds executed by a
qualified Surety equivalent to the bonds issued on the Agreement, and
pay to the COUNTY the amount of damages as described in paragraph 6
in excess of the balance of the contract price incurred by the COUNTY
resulting from the CONTRACTOR's default; or
D. Waive its right to perform and complete, arrange for completion, or
obtain a new Contractor acceptable to the COUNTY and with reasonable
promptness under the circumstances:
(1) After investigation, determine the amount for which it
may be liable to the COUNTY and, as soon as practicable, tender
payment therefore to the COUNTY; or
(2) Deny liability in whole or In part and notify the
COUNTY, citing the reasons therefore.
5. If the Surety does not proceed as provided in paragraph 4 with reasonable
promptness, the Surety shall be deemed to be in default on this bond seven (7) calendar days after
receipt of an additional written notice from the COUNTY to the Surety demanding that the Surety
perform its obligations under this Bond, and the COUNTY shall be entitled to enforce any
remedy available to the COUNTY.
6. After the COUNTY has leI111inated the CONTRACTOR's right to complete the
Agreement, and if the Surety elects to act, then the responsibilities of the Surety to the COUNTY
shall not be greater than those of the CONTRACTOR under the Agreement, and the
responsibilities of the COUNTY to the Surety shall not he greater than those of the COUNTY
under the Agreement. To the limit of the amount of this bond, but subject to commitment by the
COUNTY of the balance of the contract price to mitigation of costs and damages on the
Agreement, the Surety is obligated without duplication for:
A. The responsibilities of the CONTRACTOR for correction of defective
work and completion of the Agreement;
B. Additional legal, design professional, and delay costs resulting from the
Contractor's Default, and resulting from the actions or failure to act of
the Surety under paragraph 4; and
C. Liquidated damages or actual damages caused by delayed perfonnance
or non-perf(lrll1ance of the CONTRACTOR.
7. The Surety shall not be liable to the COUNTY or others for obligations of the
CONTRACTOR that are unrelated to the Agreement. No right of action shall accrue on this bond
Page 3 of5
Agenda Item NO.1 OH
October 23, 2007
Page 128 of 137
to any Person or entity other than the COUNTY or its heirs, executors, Administrators or
successors.
8. The Surety hereby waives notice of any change, including changes of time, to the
Agreement or to related subcontracts, purchase orders and other obligations.
9. Any proceeding, legal or equitable, under this Bond may be instituted in any
court of competent jurisdiction in the location in which the work or part of the work is located
and shall be instituted within two years after CONTRACTOR Default or within two (2) years
after the CONTRACTOR ceased working or within two years after the Surety refuses or fails to
perform its obligations under this bond, whichever occurs first. If the provisions of this
paragraph are void or prohibited by law, the minimum period oflimitation available to sureties as
a defense in the jurisdiction of the suit shall be applicable.
10. Notice to the Surety, the COUNTY or the CONTRACTOR shall be mailed or
delivered to the address shown on the signature page.
11. When this bond has been furnished to comply with a statutory or other legal
requirement in the location where the construction was to be performed, any provision in this
bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and
provisions conforming to such statutory or other legal requirement shall be deemed incorporated
herein. The intent is that this bond shall be construed as a statutory bond and not as a common
law bond.
12. DEFINITIONS
A. CONT ACTOR Default: Failure of the CONTRACTOR, which has
neither been remedied nor waived, to perform or otherwise to comply
with the terms of the Agreement.
B. Agreement: The Agreement between the COUNTY and the
CONTRACTOR and amendments thereto.
C. COUNTY Default: Failure of the COUNTY, which has neither been
remedied nor waived, to pay the CONTRACTOR as required by the
Ai,'Teement or to perfOlm and complete or comply with the other tenus
thereof.
MODI FICA TONS TO THIS BOND ARE AS FOLLOWS:
(Space is provided below for additional signatures of added parties, other than those appearing on
the cover page.)
CONTRACTOR AS PRINCIPAL
SURETY
Company: (Corporate Seal)
Company: (Corporate Seal)
Signature
Signature
Page 4 of5
Agenda Item NO.1 OH
October 23,2007
Page 129 of 137
Print Name
Print Name
Title
Title
Page 5 of 5
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Agenda Item No. 10H
October 23, 2007
Page 134 of 137
Exhibit "G" to Landfill Reclamation Agreement
Change Order
TO:
Project Name:
Bid No.:
Change Order No.:
FROM: Collier County Government
Contract Agreement Dated:
Date:
Change Order Description
Original Agreement Amount ........................................................ $
Sum of previous Change Orders Amount ...................................... $
This Change Order Amount .......................................................... $
Revised Agreement Amount .......................................................... $
Original Contract Time in calendar days
Adjusted number of calendar days due to previous Change Orders
This Change Order adjusted time is
Revised Contract Time in calendar days
Original Notice to Proceed Date
Completion date based on original Contract Time
Revised completion date
Contractor's acceptance of this Change Order shall constitute a modification to the Agreement
and will be performed subject to all the same terms and conditions as contained in the
Agreement, as if the same were repeated in this acceptance. The adjustments, 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.
Prepared by:
Date:
Project Manager
Recommended by:
Date:
Design Professional
Accepted by:
Date:
Contractor
Approved by:
Date:
Department Director
Authorized by:
Division Administrator
Date:
(For use by Owner: Fund
Number: )
Cost Center:
Object Code:
Project
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Agenda Item NO.1 01
October 23, 2007
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation to award Contract 07-4183 - "Gateway Triangle Stormwater
Improvements 'Project Phase 1 Construction" to D.N. Higgins, Inc. in the amount of
$1,048,565.50. (Stormwater Management Department Project #51803)
OBJECTIVE: To award Contract 07-4183 to D.N. Higgins, lnc for the construction of the
Gateway Triang]e Stormwater Improvement Project Phase 1, in the amount of $1,048,565.50.
The public purpose of this project is to improve stormwater management characteristics in the
Gateway Triangle area of Collier County, a community with a history of flooding problems.
CONSIDERATIONS: The Gateway Triang]e is an area bordered by US 41 to the west and
south, Davis Boulevard to the north and Airport Road to the east connecting both to Davis
Boulevard and US 41 in a triangular shape. It is a low-lying area that is almost fully developed
and includes a mix of residential, commercia] and light industrial use properties. This project is
intended to correct the serious drainage problems within this portion of East Naples. Land use
within the basin consists of ]) modern developments, which incorporate improved water
management systems consistent with current design requirements, and 2) older existing
neighborhoods that were developed before water management systems were required. The latter
areas provide ]ittle if any water quality improvements for stormwater runoff. Thus, the
stormwater management problems are twofold: flooding due to low elevation and poor water
quality treatment of the storm water runoff before it flows to its outfa]L
Contract #03-3473 entitled "Consu]tant Services for Preparation of a Land Development Overlay
for BayshorelGateway Triangle Community Redevelopment Area (CRA) District" was created
for the Bayshore/Gateway Triang]e CRA for this area. Three amendments and two change
orders to the contract totaling $ 543,676.40 have been approved to provide additional services
including Stormwater Management scope related to the completion of the original Land
Deve]opment Overlay Contract. In 2003 the BCC stated their support to continue to move
forward with the stormwater improvement element of the project undertaken by the Storm water
Management Department by approving the purchase of parcels of land to add to County owned
land in the Gateway Triangle area for the purpose of constructing a large detention pond for
stormwater runoff. The new pond will provide water quality treatment for the storm water.
The Gateway Stormwater Improvement Project will provide additional water quality
improvements by draining a large portion of the area to the detention pond for treatment, as well
as an increased discharge rate (to reduce flooding) by use of a pump station. The pond will
normally outfall via gravity to the US 41 stormwater system as it does currently. I I' inflow to the
pond exceeds the rate of gravity discharge, the pond water surface will rise to a level (2.25'
NGVD) whereby it will activate one of three pumps. Should the ]evel in the pond continue to
rise to a higher stage the second pump will be activated. A third pump will act as a back-up.
These pumps will discharge to other outfall points: the Palm Street ditch to the west, and the
Brookside Drive canal to the north. When the overall project is completed, the design is intended
to produce a system that will attenuate stormwater such that, following the 10-yr storm, roads
_ will drain in a matter of hours as opposed to days as it does now. The area is tidal and so during
periods of higher tides, absolute drainage typically is unachievable.
Agenda Item No. 101
October 23, 2007
Page 2 of 6
The scope for which this Executive Summary is written consists of construction of Phase I,
which is the detention pond, a segment of box culvert, and a portion of the discharge piping. The
Environmenta] Resource Permit (ERP) issued by South Florida Water Management District was
issued June 2],2006. The engineer's estimate for construction of Phase I is $1,498,885. (Phase
2, which is planned for fiscal year 2009, will complete construction of the remainder of the
system.) Bid #07-4183 - "Gateway Triangle Stormwater Improvement Project Phase I
Construction" was on August 17, 2007. Fit'ty-tour (54) vendors downloaded Gateway
documents. Four (4) bids were submitted on September 20,2007. D.N. Higgins, Inc. submitted
the lowest responsive, qualified base bid and alternates prices.
Approval of this bid also includes approval of two options (alternates) for utilization of the
excess fill material generated by the pond excavation. Option one (1) provides for delivery of up
to 20,000 cubic yards of surplus fill to the vacant uplands, CountylCRA owned "Lake Kelly"
property on Bayshore Drive. The purchase of this 17 acre parcel was approved by the Board of
County Commissioners on May 9,2006 (Item Nos. ]4A & 101) to further the redevelopment
goals of the BayshorelGateway Community Redevelopment Area (CRA). This property would
eventually require the fill for development. Sinee the Gateway Triangle Stormwater
Improvement Project is within the CRA, this alternate assures that the excess soil generated from
one project is simply moved to another future project area within the CRA boundary. The CRA
is an active partner and financial supporter of the Gateway Triang]e Storm water Improvement
Project; therefore, no reimbursement of the $40,000 estimated cost for transporting the surplus
fill is required. The CRA will be responsible for procurement of contractor services to contain
the fill on site until development proceeds.
Option two (2) provides for delivery of surplus fill to the county landfill to be utilized in the
daily cover operation. Waste Management, Inc. will reimburse the Stornlwater Management
Department for the additional cost involved in the amount of $2.40 per cubic yard of soil
delivered. Collier County benefits from this source of till by decreasing the amount of soil
required to be purchased from sources located much further away typically supplied for a cost of
between $12 and $20 per cubic yard+I-.
D.N. Higgins, Inc. was the lowest responsive and qualified bidder for the base bid plus
alternates. They have a satisfactory performance record on previous projects with the
Transportation Division. In consideration of this, the Stormwater Management Department
recommends award of this construction contract to D.N. Higgins, Inc.
Summarized table of the bid results:
Biddinl! Firm Base Bid Alternates Total
Douglas N. Higgins, Inc $ 941,365.50 $ 107.200.00 $ 1,048,565.50
Quality Enterprises USA, Inc $1,026,] 21.94 $ 166,440.00 $ 1,192,561.94
Mitchell & Stark Construction Co.. $ 978,008.00 $ 215,000.00 $ 1,193,008.00
Inc.
WPM Southern, LLC $ 949,170.00 $ 252,600.00 $ 1,20 1,770.00
FISCAL IMP ACT: $1,048,565.50 is needed for the construction. Funds in the amount of
$1,048,565.50 are available in the Storm water Capital Project (51803) Fund 325. Source of
funds are Ad Valorem Tax.
Agenda Item No. 101
October 23, 2007
Page 3 of 6
GROWTH MANAGEMENT IMPACT: The Project is consistent with and furthers the goals,
objectives and policies of the CollierCounty Growth Management Plan.
RECOMMENDA nONS: That the Board of Commissioners award Contract 07-4183 to D.N.
Higgins, Inc. for construction of Gateway Triangle Stormwater Improvement Project Phase I. in
the amount of $1,048,565.50, and authorize the Chairman to execute the standard construction
contract after review by County Attorney.
Prepared By: R. Shane Cox, P.E., Senior Project Manager, Stormwater Management
Department.
Item Number;
Item Summary:
Meeting Date:
Page] of]
/",qendd Helll No. 101
, October 23, 2007
P8ge4ofG
COLLIER COUNTY
BOARD OF COUinY COMrmSSIONERS
101
r~I'Cot]lnl(111dilllni !O award Contra\;\ Q7-41K\ - GaleWil\ Trianyle Slnrrll','iil(er IlT1pro\iell1enls
f.'loi'<;1 Phil'''' [Colostrucliooto D,N, Higgins Ine.11l U1e anloLlnt of$1,048,565.S0
IIW lei r-.1811811ement DI:'partll1cnt f'f"JiCct ;I;':;11\W1) '~Gene C~I'/ert. Director. StOTlJ1waiel
rJ~nC1!J'
W!23/2CiO; >ill" 'JAlvl
Dali)
Prepared By
R, Sh3ne Cox, P,E
Tr~n"porf"lion Scr'lic,"~
Senior Projecl MnJl~ger
Storml'!ol'''r NI~n~gmn"llt
IO!3J;(007 ~;24r,O PM
David J~ckson
Uate
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ComlllunilyRedevelQpnwnt
Ag(>llcy
Ex~cutivfr Dirl'ct()r
Bnj,r,llOrfr-Gill.rway Rm1f'veloplJ1ont
1014/200710:52AM
Oate
Approved B}'
Geraid Kurtz
Tmn~pfirtatirJn Sl!rvlce~
Senior Englnppr
gt'ornwo/~!l!rMall,'golT1P."t
H),'5!llJ0712:50prl/l
Eugene> C~lvel1
Uate
Approved B}'
Trangportalions S!o'rvice~
Principal Project M~n~g'.']
Tr~l1spoliatioll En\lilleprlllg anrl
Cnrl~trnrli,,<1 M"n~gemel1t
to,5i2007 ~,3.1 PM
Oat",
AI'llroved By
Nonn E, Feurr,AICP
Tmnsport,1fionServic"'s
rr~ll~[10rt~l.lOII Divisinn Adlnillistr;.tor
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Purchasing Agl!nt
Pnrrh"~ll1'J
1!lI'i/211074:37PM
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Adlllil)tstriltivl! Sprviel!~
Pllrcll~~i"a Agent
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SharollNowlTwn
Tr~ll~p()rt"tl"n Sorvir.ps
AU:Olllltin[lSllpcrvisor
Tr~n~p"rt~tin" S",,,i(r~ !I.d,,'i"
I0111.i2007 1:~O 1"1\11
UtilI!
Allpro\lctllly
Koal~ey Ward
^rt1l1ini~1.rati'I" SlJrvicer,
r:ontra';tl\rll1lilli3Ir~(loll Ma"agt',
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Date
Appruved Hy
OMB CO'-lntinator
AdminI5;T~tiv(' Servir.e~
^ppli~,ltir,"l~ Analy:;j
Infor11l~tion Tcch!lOrr'9Y
I(Jl1S:200T 11 to AM
(J<ltli
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Susan Usher
COllnty Man~IIP"'f; Offl(p
Sp.ni"r Manage,rnentlBlldget An~tysl.
Offl(a oJ Mal1~g~m"nl i', BlIdgp.t
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10J15120071:37PM
COLlnty Manager
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Agenda Item NO.1 OJ
October 23, 2007
Page 1 of 12
~
EXECUTIVE SUMMARY
For the Board of County Commissioners to find this erosion control project to
be in the public interest and to provide direction as to the viability of using
TDC funds to engineer, permit and install additional erosion control
structures on Hideaway Beach.
OBJECTIVE: For the Board of County Commissioners to find this erosion control project to
be in the public interest and to provide direction as to the viability of using TDC funds to
engineer, permit and install additional erosion control structures on Hideaway Beach.
CONSIDERATIONS: On April ]3, 2004 the Board of County Commissioners authorized a
one time use of TDC funds to stabilize Hideaway Beach with T-Groin structures. The City of
Marco Island funded the sand placement, with Hideaway Beach residents repaying this amount
through a seven year ad valorem tax.
Hideaway Beach was re-nourished and T-Groins installed in FY 05/06.
~
The I" annual monitoring identified accelerated erosion between the beach segments that
received T-Groins. The middle third of Hideaway Beach did not receive T-Groin Erosion
Control structures because protection was anticipated from Coconut Island. Coconut Island has
broken apart over the last 2 years and no longer provides erosion protection. The T -Groins that
were installed performed as designed and prevented erosion on those sections of the beach that
they protected.
Preliminary analysis indicates that 3 to 5 T-Groin structures will be required to stabilize this
section of the beach. Construction, pernlitting and enginecring will cost between $1.2M to
$].8M.
Residents have expressed concerns that erosion has progrcssed far enough that an active storm
season could sever the road and isolate the 400 residents living on the north half of Hideawav
Beach.
Beach funding policy, approved by BCC ] 1-1-05, Para 5.b., states that an ineligible beach
subject to high erosion, with recommendation ofCAC and determination by the BCC as being in
the public interest, may have erosion control structures installed with Category "A" funding.
· Prior precedent on this controversial itcm has been established through a one time
funding agreement by the Board of County Commissioners on 4/13/2004 to install
erosion control T -Groin structures at Hideaway Beach.
-
· This item although controversial, does meet CAC funding policy and received conceptual
approval from the CAC on March 8, 2007.
Aaenda Item NO.1 OJ
- October 23, 2007
Page 2 of 12
. Priority guidelines however, established by the CAC to determine project ranking for
funding will rank this item last for funding.
COUNTY ATTORNEY FINDING: The County Attorney has reviewed the Beach Funding
Policy and determined that TDC funds may be used for erosion control if the BCC makes a
finding that this project is determined to be in the public interest and recommended by the CAC
ADVISORY COMMITTEE RECOMMENDA nONS: The CAC voted 4 to ] on March 8,
2007 that installation of additional T-Groins was in the public's best interest, and TDC funds
may be used for construction of these structures. This item was presented to the TDC for
information only at their March 23, 2007 meeting.
The CAC also recommended 5:0 to authorize $25,000 to perform engineering studies to more
fully define the project scope and determine the viability of permitting with the stipulation that if
not approved by the Board of County Commissioners, then funds would be reimbursed to the
County by the City of Marco ]sland.
FISCAL IMPACT:
. The Source of funds, if approved by the Board of County Commissioners for the erosion
control structures, their engineering and permitting will be Category "A" Tourist
Development Tax fund reserves.
. Current reserves are sufficient to fund this activity and provide for mandated emergency
and beach re-nourishment reserves. However, funding this project will seriously place in
jeopardy the Board's ability to fund higher priority unanticipated projectslrequirements in
the future.
. If sand re-nourishment is required by FDEP, the source of these funds will be from the
City of Marco Island, with repayment anticipated from Hideaway Bcach residents.
GROWTH MANAGEMENT IMP ACT: There is no impact to the Gro\\1h Management Plan
related to this action.
RECOMMENDA nON: For the Board of County Commissioners to find this erosion control
project to be in the public interest and to provide direction as to the viability of using TDC funds
to engineer, permit and install additional erosion control structures on Hideaway Beach.
PREPARED BY:
Gary McAlpin, Coastal Zone Management
Colleen M. Greene, Assistant County Attorney
1 ae,'" I VI I
Agenda Item No. 10J
October 23, 2007
Page 4 of 12
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date:
1(JJ
Obtain direction fromlhe Board of County Commissioners as to the viability of using TDC
funds to en~lilH:!el. pelllllt and install additional erosion control structures on Hideaway
8each (COIlIpanion Ilem to 10K) (Gary McAlpin Coastal Zone Management Director,)
1 U!23!20U7 90U,(JU Ar\.1
Item Number:
Item Summary:
Allproved By
Gary McAlpin
Costal Project Manager'
Date
Public Services
Coastal Zone Management
3/20/2007 5:09 PM
Approved By
Kathy Carpenter
Executive Secretary
Date
Public Services
Public Services Admin,
3/211200710:39 AM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
3/27/20071:38 PM
Approved B)'
OMS Coordinatm
Applications Analyst
Date
Administrative Services
Information Technolo~JY
4111/20077:30 AM
AI)proved U)'
Mark Isackson
Budget Analyst
Date
County Manager's Olfice
Office of ManiHlernent & BlIdgAt
10111/200712:05 PM
Approved By
Michael5mykowski
MilnaYfmWl11 & Budget Director
Date
COllllty Manager'!; Office
Ollice of Manaqernent & BudqE't
10/12120078:28AM
Apllroved By
James V. Mudd
COllnty Manager
Date
Board of County
Commissioners
County Manil~Jer's Office
10113/200711:06 AM
Agenda Item NO.1 OJ
October 23, 2007
Page 5 of 12
Evaluation/Approval Guidelines for TDC Category A Yearly Grant
Requests by the Coastal Advisory Committee
Yearly grant requests to the Coastal Advisory Committee will be evaluated, prioritized
and funded based on the following criteria.
1. Grants associated with the completion of a previously approved project that are
required to complete that project.
2. Grants required to meet Permit Regulatory Compliance. Examples of these grants
would be Physical and Biological monitoring, turtle monitoring, shorebird
monitoring and tilling.
3. Safety related activities and projects, which are the responsibility ofthe CAC
4. Commitments covered by inter-local agreement and lor projects previously
approved/identified in the 10 year plan. Examples would be the dredging of
Clam, Wiggins, Doctors, Caxambas and Capri Passes and the I O-year cycle of
beach re-nourishment.
5. Projects or studies that improve or have a high probability of improving our beach
efficiency, the preservation ofCAC capital or save us money. These projects
would have to have a undisputed payout. Items that would fall into this category
would be engineering or studies that could lengthen times between dredge events
or re-nourishments.
6. Grants associated with the maintenance and upkeep of our beaches. Examples of
these activities that preserve the quality of the beach experience are beach
cleaning, raking and grading.
7. Projects that outside funding or third party funding can be obtained on that offset
the capital cost. Examples would be FDEP funding, FEMA funding or third party
grants.
8. Necessary or required projects would be next. Examples of this type of projects
would be Doctors Pass Rip-Rap replacement.
9. New projects not required by law or consent decree would follow.
Aoenda Item NO.1 OJ
"October 23, 2007
Page 6 of 12
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Agenda Item NO.1 OJ
October 23, 2007
Page 7 of 12
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10. COUNTY MANAGER'S REPORT
Agenda Item NO.1 OJ
October 23, 2007
Page 8 of 12
) -? ,- jj
'-1 - _? -{./ (
A. Approve Tourist Development Category "A" 10- Y ear Expense and Revenue
Projections
Direct staff to come back with reviled budget at next BCC Meetin&-
Con&ell5Us
B. .4.pprove four Tourist Development Category "A" Grant Applications
submitted by the Parks & Recreation Department for Beach Park facilities
for Fiscal Year 2005 in the total amount of$307,OOO.
Approved-S/O
C. Make a determination if Hideaway Beach is an eligible Category A project
for the 1180 ofTDC funds based on the current approved Bec policy, dated
December 16,2003. Them approve or deny a me Category "A" Grant
Application requested by the City of Marco Island for the Renourisbment
and Replacement of Temporary T-Groins on Hideaway Beach., Project
90502. in the Amount of $4,457,000.
One time cost of S2.SM to stabilize the beach with T -Groins from TDL
Fund. and then SOISO eMt IihariDg with special tamg district for
renourlshment of Hideaway Beach - Approved-411 (Henning opposed)
D. Approve The Denial Of Two Tourist Development Category "A" Grlmt
Applications submitted by the City of Naples for Monitoring OfT-Groins
and Turtle Monitoring at Gordor: Pass for Fis.caJ. Years 2004 !lIld 2005 In
The Amount Of $59,964.
Motion to fund monitoring to clo&e-out program - Approved-5!O
E. II.U! item to be heard after 4:00 D.m. Approve an lnterlocal Agreement
betwe..'"n Collier County and the City of Naples indicating that Collier
County will withdraw its RPileal to object to the City's proposed
Comprehensive Plan Amendment regarding overpasses and that t.'Iw City
shall not object to its construction; Project No. 60027-C; No Fiscal Impact
To be continued to tile Aprl127, 2004 Bce Meeting
F. This item YLbe beard after 4:00 D.DL Authorize the Purchasing
Department to advertise bid& for the construction of the grad: separated
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Recommendation to approve the award ofBid:#04-3658 in the
amount of $376,000.00 for a Cons:truction Contract with EHC, Inc. for
the remodeling of the Collier County Medical Examiner's Facility.
To corred the air quality and amtopsy room odGr problems.
Facility lo~tll!!t! at 3838 Dome:s1ie Avenue. Naples, Florida
9-2/-{f-
Y-lJ-cl
Agenda Item NO.1 OJ
October 23, 2007
Page 9 of 12
,.--
F. COUNTY MANAGER
1) Summary of Consent end Emergency Agenda Items approved by the
County Manager during the Board's scheduled recess, Per Resolution
Number 2000-149, nApproval oftbis Agreem.entby the County
Manager is subject to formal ratification by the Board of Cowtty
Commissioners. If the decision by the County Ma:nager is not ratified
by tha.t Board, this Agreement shall be enforceable against Collier
County only to the extent authorized by law in the absence of such
ratification of that Board.. tl
As detaUed in the Er;ecutive Summary
/"""
Z) Approve a Budget Amendment for the Ochopee Fire Control District
Transferring Funds from Reserves for Contingencies to Regular
Salaries in tlle amount of$65,OOO.
3) ~mmendation to Affirm the Letter of No Objection Relative to the
Annexation ofHorr's Island (Key Marco) into the Clty of Marco
Island.
As detalled In the Eocutive Summary
4) Recommendation to Approve 11.11 Interloca1 Agreement for the
Provilrion of Beach Renourishment, Maintenance and Stabilization
Services in the Hideaway Beach S~ction ofMa.rco Island.
S) Approve an Agreement between Collier County and Dr. Marta U.
Coburn, MD. Florida District TwCllty Medical Examiner dba District
Twenty Medical Examiner, Inc. to provide Medical Exe.miner
Services far Piscal Year 2005 at a cost of$804,400,
r
6) Request the Board of County Commissioners approve a budget
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Agenda Item No. 10K
October 23, 2007
Page 1 of 3
EXECUTIVE SUMMARY
Authorize the expenditure of $25,000 to perform preliminary engineering and
permit investigation to determine; the number and extent of additional
erosion control structures on Hideaway Beach; specific permitting
requirements; related schedule implications and; projects cost.
OBJECTIVE: Authorize the expenditure of $25,000 to perform preliminary engineering and
permit investigation to determine; the number and extend of additional erosion control structures
on Hideaway Beach; specific permitting requirements; related schedule implications and; project
cost.
CONSIDERATIONS: Hideaway beach was re-nourished and T-Groins installed in FY 05/06.
The middle third of Hideaway Beach did not receive T-Groin erosion control structures because
this area of beach was protected by Coconut Island. Coconut Is]and has broken apart over the
last 2 years and no longer provides erosion protcction.
Hideaway Beach residents and the home owners association have expressed concerns that
erosion in the middle third of Hideaway Beach has progressed far enough that an active storm
season could sever the road and isolate the 400 residents living on the north half of Hideaway
Beach.
Preliminary analysis indicates that 3 to 5 T-groin structures will be required to stabilize this
section of the beach at a cost between $1.2M to $1.8M but additional investigation needs to be
performed to define exact requirements.
FISCAL IMPACT: Initial funding for this contract will originate within Beach
RenourishmentlPass Maintenance Fund 195. However, should the Board of County
Commissioners decide that this contract is not eligible for funding from Tourist Tax dollars, the
City of Marco Island will reimburse the County in full for all contractual expenses. A budget
amendment is required to establish budget for this new project within Fund 195.
COUNTY ATTORNEY FINDING: A finding by the County Attorney has not been made on
this item however; a reimbursement letter of understanding will be developed by the County
Attorney's office based on approval of this item.
ADVISORY COMMITTEE RECOMMENDATIONS: On March 8, 2007 the CAC
recommended 5:0 to authorize $25,000 to perform engineering studies to more fully define the
project scope and determine the viability of permitting with the stipulation that if not approved
by the Board of County Commissioners, then funds would be reimbursed to the County by the
City of Marco Island.
On March 26, 2007 the TDC recommended the following: The source of funds initially will be
from Category "A" Tourist Development Tax fund. If~ however, the Board of County
Commissioners determines that Tourist Development Council funds will not be used to fund
Agenda Item NO.1 OK
October 23. 2007
Page 2 of 3
these erosion control structures, then all funds spent for this activity will be reimbursed by the
City of Marco Island in full to the Tourist Development Council. This motion passed 8 to O.
GROWTH MANAGEMENT IMP ACT: There is no impact to the Growth Management Plan
related to this action.
RECOMMENDATION: That the Board of County Commissioners provide guidance
concerning the use of Tourist Tax dollars to fund this expenditure and approve all necessary
budget amendments.
PREPARED BY: Gary McAlpin, Director
Page I 01' I
Agenda Item NO.1 OK
October 23, 2007
Page 3 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Summary:
101<
AuUlOrize the expenditure of $25,000 to perform preliminary engineering and permit
investiqalion to determine: Il1e number and extent of additional erosion control structures on
Hideaway Be,K~l: specific perrnitlin[j requirements: related schedule implications and:
prnjects cost.(Colllpanion item to 10J)
Item Number:
Meeting Date:
1 UI2312007 9:00:0U AM
Approved B)'
Gary McAlpin
Costal Project Manager
Date
Public Services
Coastal Zone Management
4/13/20075:21 PM
AIII)rOved By
Kathy Carpenter
Executive Secrotary
Date
Puhlic Services
Puhlic Services Admin.
4126/2007' 8:48 AM
Approved By
Marla Ramsey
Public Services Administrator
Date
Puhlic Services
Public Services Arlmin.
5/4/200710:00 AM
Approved By
OMS Coordinator
Applications Analyst
Date
Administrative Services
Information Technology
5/7/2007 1 :23 PM
AplJrOved Hy
Mark Isackson
Budget Analyst
Date
Calmly Manager's Office
Office of Mana9CrTH'nt & Budget
10/10f2007 5:07 PM
Approved Hy
James V. Mudd
COUrTty Manager
Date
Board of County
Commissioners
County Manager's Office
10/10/20077:23 PM
Agenda Item No. 10L
October 23, 2007
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve Resolution
2007-_, superseding Resolution 2003-195, Conservation Collier's Purchase
Policy, for the purpose of incorporating previous Board direction regarding
acquisition of lands with Transfer of Development Rights (TORs) attached,
assigning appraisal costs if an owner first refuses a purchase offer and later
resubmits the same property for consideration, to provide a time frame for
owners to respond to an offer of purchase by the County, and to make
clarifications as to certain terms and procedures.
OBJECTIVE: To request that the Board of County Commissioners approve the attached
Resolution 2007-_, superseding Resolution 2003-195, Conservation Collier's Purchase Policy,
to add new policies and to make clarification as to certain terms and procedures.
~.
CONSIDERATION: On June 10, 2003, the Board of County Commissioners approved
Resolution 2003-195, which established the Conservation Collier Purchase Policy. The
attached proposed Resolution was developed in response to direction from the Board of County
Commissioners regarding purchases involving TORs, anticipation of certain situations which
Resolution 2003-195 did not address, and to make minor clarifications to terms and procedures.
The proposed amendments were developed by the Ordinance, Policy and Rules Subcommittee
of the Conservation Collier Land Acquisition Advisory Committee and unanimously
recommended to the Board of County Commissioners at the May 14, 2007 CCLAAC meeting.
Proposed amendments include the following:
. Incorporating previous Board direction concerning purchase of lands with TORs attached
as a part of the purchase policy;
. Adding a policy to assign cost of reappraisal should a property owner first reject the
County's purchase offer and later ask to reconsider.
. Adding a specific time frame for property owners to consider and respond to the
County's offer for purchase.
. Makes clarifications as to certain terms and procedures to make the policy more fully
consistent with County acquisition procedures.
FISCAL IMPACT: If the recommended amendments are made, it is expected that the County
will not purchase TORs only to extinguish them. Current minimum value for TORs is $25,000
each. Additionally, the county will not pay for multiple appraisals for the same property if an
owner declines the county's offer and later, perhaps in a changed real estate market, wants to
offer a property again.
LEGAL CONSIDERATIONS: The county Attorney Office has signed the attached Resolution
as being legally sufficient.
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.
"......
RECOMMENDATION: That the Board of county Commissioners approve the attached
Resolution 2007-_, superseding Resolution 2003-195, to amend the Purchase Policy for the
Conservation Collier Program.
PREPARED BY:
Alexandra J. Sulecki, Coordinator, Conservation Collier Program
I
Item Number:
Item Summary:
Meeting Date:
Page I of 1
Agenda Item No, 10L
October 23. 2007
Page 2 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10L
A Resolution superseding Resolution 2003-195 and establishing the Collier County Board of
County Commissioners' Purchasing Policy for the acquisiton of lands by the Conservation
Collier LBnd Acquisition Plogram. (Alex Sulecki, Senior Environmental Specialist)
10/2312007 q:(JO:OO AM
Apllroved By
Mary Beck
Administrative Services
Executive Secretary
Date
Approved By
Administrative Services Admin.
10/10/200711:41 AM
Jennifer A. Belpedio
County Attorney
Assista"t County Attorney
Date
County Attorney Office
10/11120072:07 PM
Approved B)'.
Melissa Hennig
Administrative Services
Environmental Specialist
Date
Facilities Management
10111/20072:25 PM
Approved By
Skip Camp, C.F .M.
Administrative Services
Facilities Management Director
Date
Approved By
Facilities Mimagement
10/11/20072:36 PM
Skip Camp, C.F.M.
Administrative Services
Facilities Management Director
Date
Approved By
Facilities Manaqement
10111/20072:36 PM
OMS Coordinator
Administrative Services
Applications Analyst
Date
Approved By
Informationlechnology
10/15/200711:17 AM
Laura Davisson
County Manager's Office
Management & Bud~let Analyst
Date
Office of Management & Budget
10116/20079:20 AM
Approved B)"
Michael Smykowski
County Manager's Office
Management & Budget Director
Date
Office of Management & Budget
10/16120072:33 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10/16/20077:22 PM
Agenda Item NO.1 OL
October 23, 2007
Page 3 of 6
RESOLUTION NO. 2007-_
A RESOLUTION SUPERSEDING RESOLUTION NO. 2003-195 AND
ESTABLISHING THE COLLffiR COUNTY BOARD OF COUNTY
COMMISSIONERS' PURCHASING POLICY FOR THE ACQUISITION OF
LANDS BY THE CONSERVATION COLLIER LAND ACQUISITION
PROGRAM.
WHEREAS, Collier County has recognized the need to plan for future growth and has
initiated a long-term program, known as Conservation Collier, 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 Board of County Commissioners (Board) has created Conservation
Collier and implemented its policies, goals, and objectives by adopting Ordinance No. 2002-63.
WHEREAS, the Conservation Collier Program seeks to acquire property based upon a
reasonable and appropriate purchase price; and
WHEREAS, the Board desires to establish a methodology to value lands considered for
acquisition; and
WHEREAS, in accordance with Section 7 of Ordinance No. 2002-63 the Conservation
Collier Land Acquisition Advisory Committee (CCLAAC) is charged with recommending
acquisition policies.
WHEREAS, based on the recommendation from CCLAAC, the Board of County
Commissioners (Board) has determined that it is necessary to update the acquisition policy
established by Resolution No. 2003-195.
NOW, THEREFORE, BE IT RESOLVED, BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION 1. Findings
It is found and declared that:
(A) A \vritten policy and procedure for how the Conservation Collier Program values
land is required.
(B) The Collier County Real Estate Services Section has a current policy for the
purchase of lands that incorporates State and Federal Land acquisition procedures.
(C) The CCLAAC, first in subcommittee and then after discussion by the full
Committee on May 12, 2003, has unanimously recommended a policy for land
purchasing in the Conservation Collier Program.
(D) The CCLAAC, fIrst in subcommittee and then after discussion by the full
Committee on May 14, 2007, has unanimously recommended an updated policy
for land purchasing in the Conservation Collier Program.
SECTION II. Be it further resolved that the Collier County Board of County Commissioners
adopts the following Property Acquisition Policy for the Conservation Collier Program:
(A) Transfer of Development Rights (TDR):
1. For properties within the Rural Fringe Mixed Use District (RFMUD) "Sending"
lands, property owners must do one of the following prior to the appraisal
process:
-1-
....J,:.;...___ __~_.._~_.__~
Agenda Item No. 10L
October 23, 2007
Page 4 of 6
a. Separate all four (4) TDR credits resulting in conveyance of the property to
Conservation Collier, or
b. Separate the first two (2) TDR credits and discount the resulting property value
by an amount agreed upon by Collier County and property owners
to remove all prohibited exotic plants as identified in the Collier County Land
Development Code, Section 3.05.08.
2. Once TDR credits are extinguished. Real Estate Services staff will proceed with
ordering appraisal(s) based on the extinguishing ofTDR credits.
(B) Offer Amount Methodology:
I. If the estimated value of the property is less than $500,000.00, Real Estate
Services staff shall secure one narrative appraisal report from a licensed
independent real estate appraiser on an approved list with Collier County and on
the Florida Division of State Lands list of appraisers. The Offer Amount will be
equal to the appraised value.
2. If the estimated value of the property is $500,000.00 or greater, Real Estate
Services staff shall:
a. Secure two narrative appraisal reports from licensed independent real estate
appraisers on Collier County's and the Florida Division of State Land's list of
approved appraisers. The Offer Amount will be equal to the average of the two
appraisals.
b. Should the two appraised values differ by an amount greater than 20% of the
lowest appraisal, a third appraisal will be ordered and the two appraisals
nearest in appraised value will be averaged to arrive at the Offer Amount.
3. All appraisals will be reviewed by Collier County's Real Estate Services staff
appraiser and any appraisal that does not meet generally accepted appraisal
standards will not be used to arrive at the Offer Amount. Either the appraiser
must bring the appraisal to compliance or a replacement appraisal will be ordered
and used to determine the Offer Amount.
4. Should the offer not be accepted by the owner within the thirty (30) day
acceptance period, no further contact will be initiated by the Real Estate Services
staff in respect to that offer. lfthe owner again contacts the County before six (6)
months has elapsed from expiration of the offer, offering to sell the same
property, the same offer can again be made upon certification of the existing
appraisal by the County's Real Estate Appraiser. If the owner contacts the
County after more than six (6) months have elapsed since expiration of the offer,
and the property is still on the Active Acquisition List, a new appraisal shall be
ordered by Real Estate Services staff pursuant to this policy, with the owner
paying for this new appraisal in advance. Without such payment, a new appraisal
shall not be ordered.
(C) Acquisition Process:
-2-
Agenda Item No.1 OL
October 23. 2007
Page 5 of 6
1. Upon authorization by the Board to proceed with acquisition of properties
included on the "Active Acquisition List," Real Estate Services staffwil! perform
a title search for each property on the Active Acquisition List.
2. Upon completion of the title searches, Real Estate Services staff will send letters
to the owners of the properties on the Active Acquisition List outlining the
appraisal and Offer Amount procedure and request a response regarding whether
they remain favorable to going forward with the sale. Owners will also be
advised that the County will accept whole or partial land donations. Real Estate
Services Staff will follow-up by telephone within five (5) business days of the
letter being mailed.
3. For all properties with positive responses from their owners, the Real Estate
Services staff will order real estate appraisals in accordance with the policy
outlined in the Offer Amount Methodology above. Appraisals will not be secured
on property being donated.
4. Upon receipt of appraisals, Real Estate Services Section's staff appraiser will
provide a review and, if the appraisals meet appraisal standards, the staff appraiser
will determine the Offer Amount according to the policy outlined in the Offer
Amount Methodology above. Collier County will not agree to pay a higher
amount nor give consideration to an o'WJ1cr's appraisaL
5. Real Estate Services staff will contact each owner and advise him or her of the
Offer Amount for the property. A letter verifying the Offer Amount giving the
ovvner 30 days from the date of mailing to accept the Offer Amount. Real Estate
Services Staff will follow-up by telephone within ten (10) business days of the
letter being mailed.
6. Copies of appraisals will be made available to ovvners upon request.
7. Upon being advised by an O\V11er of his or her acceptance of the Offer Amount,
Real Estate Services staff will order a Title Commitment and, upon its receipt,
prepare a Purchase Contract. The Contract will then be mailed to the owner for
review and execution.
8. Upon receipt of a signed Contract from the property owner(s), Real Estate
Services staff will present the Contract to the Board for approval. If approved,
staff will present the Contract to the Chairman of the Board for execution. Staff
will then proceed to clear title acceptable to the County Attorney's Office and
schedule a closing date.
9. Post closing, Real Estate Services staff will record all required documents, secure
a Title Insurance Policy, and release the property to the Environmental Services
Department.
(D) Expenses:
I. Sellers shall be responsible for all documentary stamp taxes due on the recording
of the conveyance instrument, pro-rated property taxes, costs associated with the
satisfaction or release of any liens, encumbrances or exceptions necessary to clear
title, including the recording fees on all curative instruments.
-3 ~
Agenda Item NO.1 OL
October 23. 2007
Page 6 of 6
2. Collier County shall be responsible for the costs of appraisals, title commitments,
title insurance, recording of conveyance instruments, environmental audits, and
property surveys, if required by the County.
SECTION III.
Effective Date.
This Resolution shall go into effect immediately upon its passage and adoption.
THIS RESOLUTION ADOPTED after motion; second and majority vote this 23" day of
October, 2007.
A TIEST:
DWIGHT E. BROCK. CLERK
BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA
By:
James Coletta, Chainnan
Approval as to form and legal
Sufficiency:
~u~ ~cl"_'
Jen fer A. Bel '0
Assistant County ttomey
-4 -
Agenda Item NO.1 OM
October 23, 2007
Page 1 of 7
EXECUTIVE SUMMARY
That the Board of County Commissioners of Collier County, Florida, Adopt a Resolution
Amending Resolution No. 2007-160, Known as the Collier County Community
Development and Environmental Services Fee Schedule, by Amending Paragraph "00"
of Resolution No, 2007-160 Pertaining to Fees For Registration Of Rental Dwellings,
OBJECTIVE: That the Board of County Commissioners ("Board") adopt a Resolution
amending Resolution No, 2007-160, in order to amend Paragraph "00" of Resolution
No. 2007-160 pertaining to fees for registration of rental dwellings.
CONSIDERATIONS: At the regular publicly noticed meeting of the Board on October
9, 2007, the Board considered Agenda Item 10 K pertaining to rental registration fees.
Executive Summary and Memorandum, dated April 9, 2007, attached hereto,
On the floor the County Manager modified the recommendation to the Board to direct
staff to analyze and consider the impact of collections by Code Enforcement staff and not
to retroactively ratify the prior collections methods until further infonnation is collected
and reported.
.--
Four members of the public addressed the Board. Each member of the public either
represented an apartment complex' or an organization that represents apartment
complexes. All expressed concerns that properties registered with the Florida
Department of Business and Professional Regulations (DBPR) are: 1) being charged a
renewal fee on a per rental unit basis and 2) already inspected by the DBPR. Daily late
fees were not considered a concern by the public speakers.
It appears that the Board directed that Resolution No. 2007-160 and Ordinance No. 2004-
58 be amended to only require one registration fee per "property" and one annual renewal
fee for DBPR registered "apartments" because these apartments were subject to DBPR
inspections already.
Recognizing that the Board might not have intended to treat DBPR registered rental units
different for registration purposes, the proposed resolution requires that the initial and
annual renewal fee be charged by property irrespective of whether the property is DBPR
regulated. This would make the administration easier for Code Enforcement staff and is
supported by law.
Additionally, the Resolution does not require mandatory inspections for rental units
covered by a DBPR license. This appears to have been the Board's intent, although not
expressly stated by the Board, Rental units not covered by a DBPR license may be
subject to inspections as provided for in Ordinance No. 2004-58. These units are still
subject to inspection should a complaint be filed with Code Enforcement staff or
otherwise observed by Code Enforcement staff.
..-
Agenda Item No. 10M
October 23. 2007
Page 2 of7
At a future regular publicly noticed meeting of the Board, an Ordinance will need to be
considered by the Board to hannonize with the proposed Resolution. In the alternative,
the Board may consider continuing its consideration of the proposed revisions to the
rental registration fees until the next regular meeting of the Board where the Board will
be requested to consider an advertised ordinance.
LEGAL CONSIDERATIONS: County Attorney Office has reviewed and approved the
Resolution associated with this item for fonn and legal sufficiency.
FISCAL IMPACT: This Executive Summary requires no budget changes and/or
reallocation of funds. The administration of this program is budgeted under Fund 111
activities at $237,633.00 in the FY08 budget and forecasted revenues for this program are
projected to exceed the budgeted expenses for the rental registration program.
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this Executive Summary
RECOMMENDATION: That the Board of County Commissioners of Collier County,
Florida, Adopt a Resolution Amending Resolution No. 2007-160, Known as the Collier
County Community Development and Environmental Services Fee Schedule, by
Amending Paragraph "00" of Resolution No. 2007-160 Pertaining to Fees For
Registration Of Rental Dwellings.
SUBMITTED BY: Jennifer A. Belpedio, Assistant County Attorney
/_.
Item Number:
Item Summary:
Meeting Date:
Page I of I
Agenda Item No. 10M
October 23, 2007
Page 3 of 7
COLLIER COUNTY
BOARO OF COUNTY COMMISSIONERS
10M
1 () Amend Collier County Community Development & EnvirOl1me,ntal Services Fee Schedule
p~'rtail1inq to Rental Hegistration pending approval of the Rental Registration Ordinance.
(Joseph Ie: Scrlrnitt. Administrator, Community Development & Environmental Services
Division)
10123/2007900:00 AM
Prepared B)'
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
10112/200711:41:07 AM
AIJproved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
^IJproved By
10/12/200712:28 PM
Marlene Stewart
Community Development &
Environmental Services
Executive Secretary
Community Development &
Environmental Services Admin.
Date
10/12/200712:37 PM
^I)proved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Sefvices Admin.
10112/200712~47 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10/17120075:04 PM
Agenda Item No. 10M
October 23,2007
Page 4 of 7
EXECUTIVE ~y
Obtain Board of County Commlo.lgner authorization to modify the late fees BIIellled to the
Public for Rental Registration
OBJECTIVE: That the Board of County Commissioners aulhorize Code Enforcement personnel to
modify the fee assp.ssed for late Rental Registration which will be included in a comprehensive
amendment to the Fee Schedule for Community Development and Environmental Service Division.
CONSIDERATION: The Code Enforcement Del""bu~"t has been administering a Rental
Registration Program since 1996 with amendments to the p1~GW over the years. The program was
put in place to provide a more expedient way to make conlBct with out of StatelCo1.U1ly p1vl"'.ty
owners to correct violations were found on their property. Additionally, the Rental Registration
program includes an inspection process to ensme WIits being occupied meet the minimmn health and
safety requirements of the Code. With the inception of the program, Code Enforcement has been
coordinating with the Tax Collector's Office whereby an annual report of all units reaist=d with the
Department is provided to the Tax Collector for the purpose of lIl'o_.;"g required Towist Tax.
In 2003 the Rental Registration Fee were modified to include a penalty for late payments. The late fee
a~se"iseO was $10 per parcel reganIless of the amount of time that the regisU:ation was late. The Fee
Schedule was amended in November 2004 to include a per day penalty per parcel for late payments.
Instead ofa flat fee of$IO for \ale payments, a $10 penalty was assessed for each day the payment
was late. Implementation of the change became effective with the ren=waI period in 2005.
Revenues for the program increased from $133,600 in FY 05 to $420,890 in FY 06. The program
revenues for FY 07 are reported at $436,045 as of October 2, 2007. The change in the late fees
assessed resulted in an increase in complaints received about the program. Property owners were
exttemely upset at the amount of the penalty ass~sed for the late payment in relation to the fee itself.
For example the current fee schedule requires collection of a $700 delinquent fee against a $20
renewal registration fee. The past 2 years have concluded that the late fee adopted in 2004 resulted in
excessive penalties and should be reevaluated.
Per the attached memorandum, staff has placed an administrative ceiling on the collection of late fees
pending a comprehensive change to the CDES Fee Schedule.
As noted on the memorandum, staff proposes the following modification to the Fee Schedule to allow
for a more reasonable penalty.
Current:
Late Fee - $10.00 per day
Revised:
Late Fee-$IO.OO per day/per y,vl"'.ty OR four (4) times theannua1 renewa1 fee, whichever is less
GROWTH MANAGEMENT IMPACf: There is no growth management impact associated
with this Executive Summary.
Agenda Item No. 10M
October 23, 2007
Page 5 of 7
FISCAL ~Acr: The current \ate fee is S10 per day. The approva1 of the proposed reduction in
fee will result in a decrease to the revenue for this program. The exact percentage decrease is difficult
to detennine based on the cunent computer system being used for this program.
LEGAL CONSIDERATION: This request has been reviewed for 1egal sufficiency and has no
outstanding legal considcraUons.
RECOMMENDATION: That the Board of County Commissioners authorize the reduction of the
amount of\ate fees assessed for the Rental Registration program from S10 per day to S10 per day per
property or 4 times the annual renewal fee whichever is less and in doing so approved the change to
have been effective as of April 11. 2007. The autborizaIion will include directing slatf to amend the
Resolution establishing the Fee Schedule to reflect the proposed fee change.
PREPARED BY: Michelle Edwards Arnold, Director
Code Enforcement Department
2
Agenda Item NO.1 OM
October 23, 2007
Page 6 of 7
Co~~9mH~Y
MEMORANDUM
DA.m:
TO.
nOMl
cc.
SUBJECT:
APUL 9, 21007
MlCHBLLB BDW.uDSA:&NOLD, CODEBNPOaCEMIlNT DDIBCl'OIl
JOE SCHMIlT. CDBS DIVISION ADKINISTIlATOIl
TllAVIS SNODIlIILY, CODE ENFO.~ on KANAGBK
IUlNTAL IIIlGISTIlATION lATE PEIl8
Baaed on cIi=1ion to pootpon. ................. of the Fee Schedule until after the budget proc:eo. thia
memon11dum oIWl .....e .. authoautiOlllO """J>OI'U'iI c:iwIge the c:olcualioo for Rmtll Regiltntioa Late
F.... in the in_I of c:onsiateDcy .. well .. to reduce the O'l'eaJI 6aaoc:ill impoct on laidc:D.. who are late
paying ,..,t11 registration =ewaI feeo. I opprove the foIIowiDg modUications ODd au1bodze the
impI........tation of the moc:IUied fee cIw>ga until the Foe Schedule iI ........"-l
Ori~...I.
Late Fre-$10.DOper day/perpmperty
Rm..,c1:
Late Foe-$10.DO perday/perpmperty OR four (4) timco the annuol=ewal foe, ..nicb_illeu
Should you bave any queotion. pleue contact """
TSjS
RESOLUTION NO. 2007 -_
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA AMENDING RESOLUTION NO. 2007-160, KNOWN AS THE
COLLIER COUNTY COMMUNITY DEVEWPMENT AND ENVIRONMENTAL
SERVICES FEE SCHEDULE, BY AMENDING PARAGRAPH "00" PERTAINING
TO FEES FOR REGISTRA nON OF RENTAL DWELLINGS
WHEREAS. the Board of County Commissioners ("Board") at the regular publicly noticed
meeting of the Board on October 9. 2007. considered Board Agenda Item 10 K pertaining to rental
registration fees; and
WHEREAS, Collier County Ordinance No. 2004~58, Section 7, Paragraph 5, provides, in
pertinent part. thal-delinquent renewal of rental registrations will result in a daily penalty as established by
resolution of the Board of County Commissioners; and
WHEREAS. the Board finds that it is in the government and public interest to amend Resolution
No. 2007.160 to reduce the fee for renewal of rental registrations; and
WHEREAS, no other fee as set forth in Resolution No. 2007~160 is being amended by this
Resolution.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that,
Paragraph "00" pertaining to registration of rental dwellings of Resolution No, 2007-160 is
amended as follows:
00) REGISTRATION OF RENTAL DWELLINGS
I) The fee for registration of rental dwellings is as follows:
a. Initial Registration Fee. $30,00 ocr orooertv
b. Annual Renewal ~ $20.00 oer oronertv
c. . ~ Late Fee $10.00 per day neT oronertv uo to a mnimum cf$80.
d. The tenn "nronertv" means a Darcel with any number of "rental units" located
thereuDon.
e. A "rental unit" is any dwellin2 that is not owner occunied but occunied bv
someone other than the owner far anY DOttio" of a calendar Year.
2) Rental Inspection
a. Rentallnspectian . $ 200.00 per unit
b. Re-inspection Fee - $ 50.00 per re-inspection ner unit
c. Rental insnections shall not be reauired for rental units covered bv a Florida
Deoartment of Business and Professional Rernlation ("DBPR'') license. A CODY of the DBPR
insoection reooT! shall be nrovided with the initial rental ree:istration and all subseauent rental
renewal aoolications.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Comer County,
Florida this day of 2007.
ATTEST,
DWIGHT E. BROCK., CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By'
JAMESCOLETTA.CHA~N
Approval as to fonn and legal
Sufficiency:
~('~ ~.'-
Jenni er A. Belpedi
Assistant Connty Atto y
Agenda Item NO.1 OM
October 23, 2007
Page 7 of7
Agenda Item No.1 ON
October 23, 2007
Page 1 of 14
EXECUTIVE SUMMARY
Recommendation to approve lease agreement with LeHiII Partners LLC
(dba Naples Grande) to provide food, beverage, beach equipment rentals,
and water recreational rentals at Clam Pass Beach Park.
Obiective: To continue to provide food and beverage concession service to the patrons
of Clam Pass Beach Park,
Considerations: On April 14th 1998, the Board of County Commissioners entered into
a concession agreement with The Association of Unit Owners of the Registry Hotel at
Pelican Bay. This agreement reflected a ten year term commencing on April 14, 1998
and ending on April 13, 2008 that stipulated the concessionaire would renovate and
improve kitchen facilities in the existing restaurant building, expand the boardwalk and
deck facilities, construct additional bathroom facilities. dining facilities, stand up bar and
seating facilities as well as operate a tram service for both public and private visitors to
Clam Pass Beach.
-
On December 10, 2004, the immediate ownership entity changed from a limited
partnership to a limited liability company Lehill Partners LLC. Parks and Recreation
staff now seeks to enter into an agreement with Lehill Partners LLC to continue this
public/private partnership.
Lehill Partners LLC is proposing a new lease agreement that would provide:
.
An amount not to exceed $200,000 in capital improvements to the leased facilities
owned by Collier County.
Continued operation of a tram scrvice, food and beverage, beach equipment
rentals. and water recreational equipment rcntals for both public citizens and
private guests of Naples Grande Resort to Clam Pass Beach
An amount of 12% of gross sales of all alcoholic beverages sold to both public
citizens and private guests of Naples Grande Resort sold at Clam Pass Beach Park
Boardwalk
The right for the Leassee to hold no more than twenty-six (26) private events per
calendar year such as barbeques and similar functions with a usage fee in the
amount of two-hundred ($200.00) dollars per hour as well as the County receiving
six (6%) perccnt gross revenue share of alcoholic beverages served.
.
.
.
On January 17,2007. the Parks and Recreation Advisory Board voted to recommend that
the agreement between Lehill Partners LLC and the Collier County Board of County
Commissioners be approved.
Leaal Considerations: Approved as to form and legal sufficiency.
-
Agenda Item No.1 ON
October 23. 2007
Page 2 of 14
Fiscal Impact: Monies are appropriated in the Parks and Recreation Beach and Water
General Fund (00 I) for concession revenues, The remittance to the County under the
concession agreement will be an amount of 12% of gross alcohol sales, and $200 per
hour for private events up to 26 with an additional amount of 6% of alcohol sales related
to these private events.
Growth ManaQement: No Growth Management Impact is associated with this action.
Recommendation: That the Board of County Commissioners approves the lease
agreement with Lehill, Partners Inc.
Prepared by: Barry Williams, Director, Parks and Recreation
Page I of I
Agenda Item No.1 ON
October 23, 2007
Page 3 of 14
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
101'J
Meeting Date:
f.~ecomtTlelldation to approve lease agreement with LeHill Partners LLC (dba Naples Grande)
to provide food, beverage. beach equipment rentals. and water recreational rentals at Clam
1);1$5 tleClch Park and approve all necessary budget amendments (Companion to Item 80.)
{Marla Ramsey, Public Services Administrator.)
10123/200780000 MJI
Approved Il)'
Barry Williams
Director
Date
Public Services
Parks and Recre<ltion
B/19!2007 3:20 PM
Approved B)'
Marla Ramsey
Public Services Administrator
Date
Puhlic Services
Public Services Admin.
8/241200711:19 AM
Approved By
OMS Coordinator
Applications Analyst
Date
Administrative Services
Information Technology
8f27/2007 9:30 AM
Approved Hy
Robert N. Zachary
Assistant Coullty Attorney
Date
County Attorney
County Attorney Office
10/41200712:05 PM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
10/9/20073:03 PM
AIJproved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
10/11120079:48 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
10117/20071:50 PM
COUNTY AS LESSOR
Lease #
Agenda Item No.1 ON
Ool"Lel 2J, 2007
Page 4 of 14
1,.EASF. AGl'I..gEil.fEl\o'T
TIns. LEASE AGREEME1\..,. ernered into tbis .j,('a day of u~kb~2007, between LeHill Panners LLC,
whose mallulg uddress is ..\75 Stl'll-.'11tt Drive, Nl1ple~ FL 34103, hereinafter referred to as "LESSEE", and COLLIER
CDu~T\'. il political subdi\'1sion of lhl:' Stale of Florida, whose mailmg address is 3301 East Tamiami Trail, Naples,
FlondH 3...t1 i J:. herClnufler referred to as. "l.ESSOR",
WITNESSETH
tHE PARTIES AGREE AS FOLLOWS,
ARTICLE I.
Drml~ed Pn:1Jlj]iJ:"~
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the property described in Exhihit
"A" Q!i (located at Clam Pass Park) which is attached hereto and made a part of this Lease, hcn~inafter called the:
"Demised Premises", situated 10 Collier County, Florida, for the followmg purpose (s):
ARTICLE 2
Tc-rmoCl,i:8'U;.
Cl:.-k6e/
LES~~;alll'ave and hold the Demisi:d Premu:c: for n (erm of 1en/IO) year(s), commmcing 011 ~i21~.10(l7
and ending ~, 2017. LESSEE is granted the option, provided it IS not the'n in default .of 1!ny (lfthe pn)\,J$lOnS t)f
thi$ Lense, to renew same for two additiona.l term of fl\~ is) yeur(s) each, under the same tems nnd conditIOns, a~
pw\'idcd herein, exec-pI as to [he ~nlal amount, a~ pn'J.vidcd herem. by del1\'crinl!....wTllten not~ce of LESSEE'S
unc(mdltlOn'll IntentIOn to do !;o 10 the LESSOR not les6 thnn thtrty (3()) days prior 1(' the CltpirnU{lO of the len~d101J
estate hereby created. S::nd notice shall he effective upon actual receipt by the County.
LESSOR, however, reserves the right to terminate this Lease, wnh or without cause, upon sixty (60) days
prior written notice of such termination to LESSEE at the address set forth in ARTICLE 13 of Ihi!; Lt"3se, Said nolll:e
shall be effective upon actual receipt by LESSEE, Should LESSOR exercise the aforementioned optIOn to tenninale
Ihis LEASE, LESSOR shall reimburse LESSEE for LESSEE's capitul expenditures set forth in ARTICLE 4 according
tn the: !'ollm\ing scbed\J1r: If ~:;nld leUllInn110n occurs dUring the first twelve (12) mon1hs of the LEASE LESSOR shall
rcimhUfs!:' LESSEE nil DlOtllt'S spent, om:. owrd, or .commuted, whether invoiced or not, through the effectil'e date of
lilt, l~mlm,111on, If ~:JI(j lennmnlioJ1 occurs durjnt~ ~he' thmeenth (13"') through the twenty-follrth (24111) monlh of the
LE,'\St, LESSOR shall rell1lhursc LES,SEP. ijl:~' (50'\,1 pe-:'cent of all monies spent, due, owed or commuted, wnelher
1f\\'ol<:cd nr no;, through the eff(,l.'l1'-'t' Gille cf~he lem1lOJtlCln. Should LESSOR terminate the lEASE at anYlime in the
Iwrnty.fir1h (25,1'1 nmmh 01 ihclcaftrr. the LESSOR ~llJlll ha\'~ no reImbursement obhgation to the LESSEF
In :I(~dHIOE. lESSEE ro\'t.'n&l:b unci ah-rn:e~ t";N to use, occupy. suffer or permit saId Demis.ed Premises or any
par! lnrrec.f III h~ ll!:i:d or nc',.:ul':I.-d rot :lny DUrr1lL~l' thB[ is contrary to law OT rules or regulations of any puhlIC
al.lth\Hlty hl\\.'lng J\lD!.dldiorl n\'rr The Lerts~d PremIse"
ARTrcLE 3 Rent
LESSOR agrees to Lease the Demised Premises to the LESSEE without cost 10 the LESSEE.
ARTICLE 4.
O:i.!r.Lr:o:n~ns.e;., Ch{Jr2t'~ llT!d COIg;idr:rntlQ,ll.5
L1~SSEl..: :ihull PilY :Ill COS[S U$$OClalcd wIlli 1111: Dcmi~ed Premises including and not limited to, Janitorial
5tn'Ices and any and OJIl utilny chnrges t:lillry chDrgc5 .'ihall include and not be hmlttd to electricIty, light, heal, air
(olldillpnrng., pnwer. wllteT. sC'wc:r and 1C'II:pluHlr- or m!'.er communication services. used, rendered or supplied
!!v:rcupon OJ in connccllon WItll the Dc-mis,ed Premise::. .
(A,l The Lessee shall, at its expense, hut not to exceed two-hundred thousand dollars ($200,OOO) fund capital
improvements of the concession facilities. The Lessee shall obtain any and all pennits necessary for the
construction at lts sole co!';t and ex.pense, Lessee shall design the plans for the capital improvemems and
submit same to Director of Parks for approval, and said approv<ll shall not he unrcas(lT1ably withheld. See
article 5.
m I [C.5.5;;'1: ~:hallllpt"rntc e. trum service COn5lSting of a nurnb'C'r of dc:t'lnc power \'elw:Jc.>, wilh "ppTOptl1Jt~
~enhng fnr bench g,oers, hc-twei:'n Ih~ public parkmg :il-Cu', Ilw Nnples (ir.mdt' R(':>(\n find the Tk:Jch
FilCdine5. A mmim\lm 01 nv(, f::!1 :ram.!: s..hull be opemled s\lll! um~;-. frnm Muy! thwug,h (JclOber 11. :;;nd
fI minimum of three (3) trams shall be operated <:1\ i:l U urnes fonn Nn\'l~mher J through Apn; JlJ, III no C3~C
(except for unforeseen mechanical failures) shalllhc t'lmc herwet:n aV;1LI~l~le tI.!!.m~ iH the pul1hc narhmg
area exceed fiflecn (15) minutes. The trams wi!! be npl:'r.all:':d dllrmg J1~TI('Ids 'l.vtlen the I'llrl; I:' ope-I'; and
shall be of sufficient numher tn provide con\'eTIl:::n! mlllspLlrtlllim[ flJ!' the publll; :Jnu hntt'l gut',,!!';, Th;: nr;;\
point of passenger pick up shall altc:mate betwet~n the hotd aml the p\lbhc rurking are.l in iidJl1lDn. when
the 2nd boardwalk is constructed the Hotel will pro\1dt' tram ~i:'rvl':t: nil thIS boan.lwulk Wl1h lhe S;lll1t"
service levels as the orib'1nal boardwalk. The Lessee: shall have no responsibility or obligation with regard
to the construction, operation, and maintenance of any subsequent boardwalk beYO~~xl: ~~~~ON
effective d.te nmin, The trnm drivers ,hall be unifonnetl neatly and cleanly in unifomls'\iffJ llcld4,~t 07
Less.e:~. The iffim dri\'er5 shill! \vC'llr imrignin approved hy the' Director of Parks and Recrealio i@~~\t9i~ 14
lhem Il.S reprt"senmrivcs (If the Cc1her County Parks and Recreation D~partment.
(C) The 1.~5,et" shall be re~l)1.)miible to least, purchase, maintain, clean, charge and service the trams as
n:quired andsubjecl to. IheCounty's recormncndanons.
(D) Husmess ufLeRSC't' rnny cOlldutt the iollowing lands ofbusmes:s and provide th:: fnlln''''lng s.I:TViee~:
1. Food and Beverage sales. The sale of food and beverage!. from permanen1 dt"sj~:ncd
IOl:.l.\lion5. or mobil~pushcllrts m nccordance with the proviswos Oflhis ll!7cCment.
2. Alcohol sales \vil1 be permitted on the inside seated area and the outside deck area nnd will
not be permitted on the beach except for private patty ,events as permi tied in Article 16
herein, and said events shall he restricted to occurring in the area bounded by the
mangroves on the east to the water line on ti1e west and from the northern bea.ch access
ramp connecling the concess.ion deck and tbe beach and proceeding one-thous.and feet north
_ See Article 16 hm::in. Lc:s!it"e shall remit 120A, of gross sales of all alcoholic beverages,
l"~r.ll1dinv.: pri"'l.lt~ pnr1Y events, will be paid directly to Collier County Parks and Recrealion
Dcpurtment C'3ch month with a statement s.howing gross snle:; for the period and shall be
received without any taxes due. Payments will he due by the 2011'of the [ollowing month.;
any payment received late maybe s.ubjectto a $100 per day charge.
3. Beach Equipment Rentals and Sales. The rental by hourfhalf day/full day of beach
equipment such as chairs, cabanas, towels, umbrellas., rafts, or other equipmt'n1 and
flOlation devices and the sale of beach stmdries in accordance with the provisions of this
Agreement. Kayak and Canoe rentals to Collier County Residents showing p:.oof of
residency \'rill be charged $25.00 for J hours (hnlfday) or $50.00 for 6 hours (full da:(:.
4. Wa.ter Recreational Equipment Sales. The- rental or tease of special recrcnlionul equipment
on the beach including, but not hmiled 10, surfhonrds, windsnilt:r~, ca1!\m~mms, 10
accordance \vith the provisions. of thIS Agreement. Any ~~Kcill.l rccreatlOntll eqlllpmcflt or
activity to be promoted, rented Of sold by the Lessee lS Eiuhject tl~ Le:s.'\ee 's obillty 10 acquIT!::
the required insurance and the aPJlTovnl of thr: Director of P!lrks and RecrcllllOn. 5md
approval shall not unreasonably be withbeld, Tnc Lessee musl have a mOlonzed chu~t': ham
or jet ski, in good running wndition during all hours of operation which meets aU U,S.
Coast Guard safety requirements.
5. The Concession Agreement may be amended to authorize the Lessee to expand the st'r\'ice~
provided.
ARTICLE 5.
Modifications ['0 Dem.is~d Premises.
Prior to making any changes, alterations, additions or improvements to the Demiseu Premises. LESSEE must
provide to LESSOR all proposals and plans for alterations, improvement~, changes. or additions ro the Demised
Premises for LESSOR'S wntten approval, specifying in \\'Titing and in meaningful detail,)he nature and extenl of the
desired alteration, improvement. change, or addition, along with the contemplated starting and cumpletion time for
:mch pmject. LESSOR or its designee will then have S1Xty (60) days within which to approve or deny in \Vfiting said
request for chsl1ges, improvements, alterations or additions. LESSOR shan not unreasonably withhold its consent to
n:q\!I1cd flr nrprnpnt!-lC' ull~ra!;Of!:i, imprm.-ements, changes or additions proposed by LESSEE.. If after sixty (6U) days
lbeH~ ha~ ht'en Wl ft"sIHms~ It-11m LESSOR or its designee to said proposals or plans, then slIch silence .shall be dcr;-rned
:\s a DENIAL tn iilll:h rcqu~st Tn LESSEE.
U':SSEE co\"enants and ugrees tn CC)Hne..:tmn5 with uny mninlemmcc, rep,Uf wllI'k, t."n:ctlnrt.. Clm;,;lrucllHI1,
nnprnve'm-elll. addlllOn or ultermlUD of any authOrized modifications, addl110n:; or imprnvr-m:eonT5 to the rknm;ed
Prem.scs. 1(1 ohservt.' ;mn comply with aU then and luture applicable laws, ordinance, rules, regula1ions, and
requirements of the United Sates of America, State of Florida, County of Collier, and any and all other governmental
ngencies; however nothing contained herein shall be construed as the LESSEE covenantmg or warranting the work of
tbirdMparty conn.actors retained to do any of the aforementioned work.
All alterations, improvements .and additions to said Demised Premises shall at (lnce, when made or installed. be
deemed as attached to the freehold and to have become property of LESSOR
ARTICLE 6.
6.f~mJQ.D_<;rnlS~!!..I'Itm'S{'-S
LESSOR, its duly authorized a.gents. representa.tives and employees, shall have the right after reasonable oral
nmice to LESSEE.. to enter into and upon the Demised Premi5es or any part thereof at all reasonable hOUl'S for the
purpose of exammmg and for the purposes of inspection for compliance with provisions of this Lease Agreement.
ARTlCLE 7.
As.sih~n1 [,lid Subkltnw.
LESSEE shall nOl assign this Lease or attempt to sublet tht:: whole or any part of the Demised Premises, or
pennlt any other person(s) to occupy same without the expressed prior \....Titten consent of LESSOR except to the
2
h LE . h . h' . h' h Aa~Jt<:m No. 10N
extent that t e, SSEE has the express ng t to assign t IS agreement to any entlty W Ie acqUlre1i " 55erl~3':t2007
in the adjommg hotel, and s.aid entity expressly agrees to assume LESSEE's interests andob Jgarl~gE1 @1lli 14
<t.b'Te-emenl. .
ARTICLE 8.
tDdemnlt'\'
In consideration of Ten Dollars (SIO.OO), the receipt und sufflclen(cy of which IS h(~reby ackT1o\\'If."(lg~u.
LESSEE shall indemnify, defend and hold harmless LESSOR, il..~ agents and r:mploy~es ii'om and iig3mst ~my and nil
li~hl!lT!' (stLllutory or otherwise), d.am...ges, claims. suns. dcuumds, judgments, .::o:.ts, interest nndexpeme~ (Including
bUT nu limiled 10 llltom("ys' fees and disbursements both 31 mol and aU Dppellnle Ic\'els.) wising, directl:r {IT indlfecll)',
from any injury 10, or death of, an)' person or persons or damage to prnperty (includmg loss of use thereon rr;1eted It)
(A) LESSEE'S use of the Demised Premises, (B) any work or thing wlultso~\'t'r dime, or Dny cnnditiOII cre"aled (other
lhan hy LESSOR, ils employees, agents or contractors) by or on behalf of LESSEE In or nbOUIlhc ncmJsed }lr~m'!'ies,
(Cl any condition of the Demised Prenuses due to or res.ulting from:my default hy LESSEE m lhe pcrromul!1ce of
LESSEE'S obligations under this Lease or otherwise, or (D) ItIlY act, omissIOn or negligence: of U::S:SEl: or f1::. ugcnts,
cuorrncmrs, employees, subtenants, licensees or im-;tees. In case nny action or proceeding III hrought u-guiw;.! LESSOR
by reason of anyone or more thereof, LESSEE shall pay all COStS, anomeys' fees. expenses and lia.bilitles resutn11g,
therefrom lmd shall defend such action or proceeding if l.ESSOR shall so request. ~I LESSEE'S expell~r, by COIln!i:t'1
reasilnahly satisfactory to LESSOR..
l.ESSOR shall be liable for any injury or damage to person or property caused by the elements, or from the
street or sub-surface, from their agents, or from any other pl<lce, or far any unreasonable interference caused by
oper.D.tions by or for a governmental autharity in construction of any public or quasi-public works or otherwise
LES~OR Sh;lU nOl be liable for il.ny da!n3ge:s to or loss of, including: Joss due to petty theft, any property,
Oi:C-UrTlllg on the f)~'111iscd PremlS!!5 or ;my part thereof, and the LESSEE agrees to hold the LESSOR harmless from
an)' cJ::lIms. for d:nnuge:>, t'XCl:'pl when; sLlch dnmage 01 injury is the result of the negl1gence or misconduct of the
LESSOR OJ' \ls C'mplnj'ccs..
ARTICLE 9. lnSlJ!IlI!~.r;:
LESSEE shall provide <lnd maintain generalliubility and property liability insurance policy(ies), approved in
\vTiting by the Collier County Risk Management Department.
1. I\1mimum Insur.m"e Requirements: Risk Management in no way represents that the insurance required is
sufficient or adequate tn pfotf"ct the vendor's interest or liabilities, but arc merely minimums,
a.. Workers' Compensation. The vendor shall maintain in force for the duration ofth\s contrnct sUlllllory wnn,C'rs'
compensation benefits as defined by FS 440 encompassing all operations contemplated by this COnlract or ~I!;reemcnl
to apply to all employees regardless of the number of employees. Owners, parttlers and or corporate Ofliccrl'i :uny h~
exempted per State Law Employers' liability will have minimum limits of:
$! 00,000 per aeciden\
Si500,000 disease limit
$10(],OOO disease limit per employee
b. Commen;ial Geneml Liability - The vendor shall mamtain in force for the duration of this contract commerc:.lal
gel1eJill liability. Coverage shall apply to premises and/or operations, products and/or complered operaflOns,
mdependent contractOrs, contrnctualliability exposures with minimum limits of:
$1,000,000 bodily injunes per person (BD
$1,000,000 bodily inJury-per occurrence (BI)
$500.000 propeny dnmage (PD) or
Sl,OOO.OOO combined single !tmll (CSLJ ofBJ and PD
~. l.jqllllr Linbility - TIll: vendor .shull mamtll1n In ful'cC lor the duralionM 11m ccmlm~j LIquor Lmhility
Wilh mmtmUnl lnnil:> of:
$1.000,000 cambmed single limit (CSL) orBI and PD.
2.
Verification of eave rage:
a, Ten (10) days prior to the commencement of any work under this contract a certifictfi,g@flfl~I!~!p 2~ll~bON
provided to the Risk Manager for review and approval. The certificate shalt provide for the followin'g':cro~~;e i of ~~
b "Collier County, its agents. employees, and public officials'! will be named as an "Additional Jnsurd" on the
General Liability policy and L1quor Liability,
c. Collier County will be given thirty (30) days notice prior to cancellation OT modification of any stipulated
insllrance. Such not1f1cation win be In writing by registered mail, return receipt requested and addressed [0 the Colller
('ounty Risk Mll.nagement Department (3301 Tamiami Trail East, Building D. Naples; FL 34112).
3. Ail insurance policies required shall be issued and written with a company or companies 1\uthorized to engage
ill the business of general liability insurance in the State of Florida and authorized to do business under the laws ufthe
State of Florida, with the following qualifications as to management .and financial strength: The Company must be
tolted no less than "A" as to financial rating in accordance with the latest edition of Best's Key Waiting Guide
published by AM Best Company, Inc,
4. The Naples Grnnde general contractor shall delivery to the County customary insurance ccnificates of
insurance prior to the construction of th.e Expanded Facilities which certificate ~han clearly indicate and evidence
such paid up im;urance and that said general contractor has obtained insurance in a type, amount and classification as
required for strIct compliance with this Agreement. The said general contractor shall agree to make no changes or
cancellations of the insurance without thirty (30) days prior \VTitten notice to the County, The said general contractor
shall assure that the insurance coverage provided shall require the company or companies \\Titing stich imurance
policy shall provide to the County written notice of cancellation thirty (30) days prior to an)' such proposed
cnncell1nion. The Cow~ry rC:-Ierves tin: right to reasonably omend the insurnm:e requirements by i!'lSlUmC-e ('If nOHce in
writing to th~ !,.cncml t:Ontnu::lnr. Said msuruncc shall not exceed that required hy the County for ~imiblr project".
Upon receipt of slIch notice, the General Contractor shall have thirty (30) days m which to obtain such 3dditiona]
Insurance.
5. County ResponSIbilities:
(I) The County shall maintain the same kinds of insurance with the same: kinds of co\'erage on
COllnry~ov,rned Facilities provided for in this Agreement as the County maintains on all other County-oWt1ed real and
personal property.
(2) In the event that the County does not maintain such insurance On all County-ov'.rncd personal and
Teal property and funds are not availnble for repair or n:placCJ11t:nt of Facilities provided fllf hC'n:in. nnlhmg contnined
in this Agreement shall be construed as imposing on the Coumy lht: obligntion to rCpiHT or repll1ce the Cuuoly-nwncd
F,1l'liitlcs provided hcrrin. Should the Premises. dtlnng the Term of this Agrccm~nl, then become inopC':r.lblc lli lftmy
n:qum:Ll opn-nnng: pertnit be revoked as n result of uny failure nf CC'ount)' 10 n..-pair cr fe-place nny COlJnIY.(\Wlled
F:JC'llilH~s. Lessee lihall h:rvr the Optil'll1, with the prim writfcon ;:rpprova! uf the Ihrt'ctm of Parks and RCl"reatinn, of
providing such rt:-pair or replacement at its ovm expense and to seek to obtain reimbursement from County for all costs.
thereby UlcUlred.
ARTICLE 10. ~JJ!mlen311cs::
LESSEE "blln. iil Its sole cost and c:xpense, keep the Demised Premises clean at all times, ff said DemIsed
pn:Uli~C':<> ~lrt" nOI kepI dean m the fC'3Isonablc opinIOn of LESSOR, LESSEE will be so advised in \'vTiting. If com:clive
m.-:liotl t~ nOl Hlken \l,'llhm twenty pJl) dnys of the receipt nf such notice. LESSOR may cause the same lO be cleaned
and corrected and LESSEE shall assume and pay all such necessary reasonable cleaning costs, and such costs shall
(;un:;;lumc ADnrnONAL KENT whIch sh.111 be pUld by LESSEE within ten (10) days or receipt of\vritten notice of
cost~ incurred t:>y LESSOR.
LESSEE, at its sole: cost, shall repair all damage to the Demised premises caused by LESSEE, its employees.
agenls, independent contractors, guests, invitees, licensees, OT patrons..
LESSEE, at its sole cost. shall remove from the Demised premIses in accordance with al\ applic3ble rules, laws.
and regulations, all solid,liquid, semisolid, and gaseous trash and waste and refuse of any nature whatsoever which
3.l:cumulates Or arises from LESSEE'S use of the Demised Premises.. Such trash, waste and n:fuse shall be stored m
closed containers approved by the LESSOR.
ARTICLE 11. Default l?v LESSEE
Fnilure of LESSEE to remedy any non-compliance of this Lease "'1.thin ninety (90) days from receipt of
LESSOR'S wntten notice stating the non--<:ompliance shall constitute a default, whereby LESSOR may, ut its option,
terminate this Lease by giving LESSEE. thirty (30) days wrinen notice unless the default is fully cured within that
thmy (30) day notice penod {or slIch additional time as is reasonably required to correct such default). However, the
OCCllrrence of any of the following events shall constItute a default by LESSEE, and this lease may be immediately
temlinated by LESSOR except to the extent then prohibited by law:
4
(a) Abandonment of Demised Premises or discontinuation of LES~EE'S operation.
Agenda Item No.1 ON
October 23, 2007
Page 8 of 14
(b) Mi'l!criv.l mlenHonal fatslficll\ion of LESSEE or 3n u.~C'nt of LESSEE of all)' n:'pml rt:qulfed
fumishcd w LESSOR pursuant to the tenns of this Leuse.
In
h::
(c) Filing oiinsolveney. reorganization, plan urarrangcmenl ofbankr'uptcy.
(d) Adjudication as bankrupt.
(e) Making ofa general assignment orthe benefit ofcrcditors.
(0 If LESSEE suffers this Lease to be taken under any writ of execution.
In the event of the occurrence of any of the foregoing defaults in this ARTICLE 10, LESSOR, in .addition to
::my other rights and remedies it may have, sball have the immediate right to fe-enter and remove all persons and
property from the Demised Premises. slIch property may be removed and stored in a public warehouse or elsewhcre al
the enst of nnd fnr the account of LESSEE, an without service of notice or resort to legal process and without bcing
deemed guilty of trespass, or being liable for any loss or damage which may be occasioned therehy.
LESSOR may at its option terminate this Lease after receipt by LESSEE of thirty (30) days nQtlce in wnting if
a lien is filed against the leasehold interest of the LESSEE and is not satisfied, bonded-oft: or removed within six.ty
(60) days pursuant to the Florida Mechanics Lien Law or otherwise.
ARTICLE 12. lliJa~ll1 b\' LE.S~QB.
LESSOR shall in no event be charged y"ith default in the performance of any of its obligations. hereunder unless
am] until LESSOR shall have failed to perfonn such obligations within thirty (30) days (or such additIOnal time <:is is
reasonably requ.ircd to correct such default) after written notice to LESSOR by LESSEE properly and in meaningful
details specifying wher!;'in LESSOR has failed to perform any such obligation(s).
ARTICLE 13. FACILITIES
(A) This Agreement shall control In the event of any direct conflict witll the Beach Access Fncilities
A.greemc:nt date- Novemher 15, 1983, as amended. The County owns the parking lot, the gatehollse, lht:': Ronnlwalk.
and the Beach Facilities. The County shall operate and maintain, at its cost, the parking lot, the gatehouse. and the
boardwalk, and any future facilities, and shall be responsible for rcpalfS, maintenance and capital improvemems at the
Beach Fucililies. The Lessee shan provide daily cleaning and upkeep at the Beach Facilities. The Connt)' shall
eswbl1sh and collect all fees and charges for use of all facilities O\\lled and operated hy the County.
(A) The Lessee. at its own expense, may provide a stand Of mller facility beside or undemeath the dune
w<llk(H'er near the Beachside Facilities from which to rent recreational equipment to the users. of Clam Pass Park.
(C) The Lessee IS authorized to provide movable umbrella pusncarts faT Ihe sale of food and nOlH1icohoJic
b~verages subject to The restrictions of Sections 3, 19 ::md 10, hereof.
..;RllCLL l..t. MOD1FIC.i\TlONS TO STR1ICTI_mrS AND lMPROVEJ\1ENTS. The Lessee accepts
till" ral:1l1111:':> ;md span' pm\'l(h:d In thi~ r\greC'mem in tlll'lr present condition, as modified pUTSUant to Section 2(A)
Jbovt;', illh! j~ n:'5.pnnsiblc fN .:11 mtennr modlficntlOns nnd maintenance, including entrance doors, windows and
.:c:tct'n~ EXl.'(:fll as pnwidc-il In SeCllnn~ 2(A) abm:e. th.:-lessee shall obtain the County's prior \'\.Tinen cons~nt for any
;'t!:t:r:J:llnn, lIddilinns, or 1ll1llHwements In structural tacilitit:s and then pay and be liable for such modifications, whIch
become CmlOty assets upon completion; said consent shaH not be unreasonably witnneld. Detailed plans for 3ny
substantial Improvements shall be submitted to the County for arrnwn1.
-nl~ Lcs~eC" ;;hall pJ'l..1\'~dC". Insta!! nnd mamUlin . III It., tl\-vn J;:f):"~ nnd expense, an eqUlr1l1em reqUIred Iu I)!lcmle
Ihc ~om:e~;~ll.m, hut shalllmYE the- ng.ht. upon approval hy thc Dm'C'-wf of r'urk!; lInd Recre::l:tllm, to 1ls'1;' lh~ (\lunry
cqUljlment, rHmishin~~, and fiXhm:s that m:iy pretcmly e:\lst on lhe Premise".
ARTICLE 15. MAThlTENANCE. The County agrees to provide the assigned facilities in thelr "as i.s"
condition, as modified pursuant to Sections 2(A), and to perform necessary exterior maintenance on the facilitJ(:'s
assiglJ(~d 10 lhe Lt'ssee as well as to maintain the below ground level connedion lmes for perrnan~nt watt-'T and sewer
utilities. Exterior mamtenance of the facilities does not include daily rcmoval of litter of the public areas of the
Premises, such removo.l being the responsibility of the Lessee.
ARTICLE 10. SPECHt EVENTS.
as fUlther described below:
The Demised Premises may be: used dwing and after normal operating hours
5
Agenda Item NO.1 ON
. . . October 23, 2007
(A) The Lessee shall have the express right to hold no more than twenty-sIx (26) private cvcnt;:Pahe 9 of 14
calendar year such as barbeques and similar functions at tile Demised Premises. Privnte evcnH tp~\' nC"11 (!tCllr Of:!!).!'
to two hours before sunset. All such private events shall complete a Rental Penn it Agreement foon and pay a usage
fee in the amount of two-hundred (11200.00) dollars per hour to County for the use of the Premises. This usage fee
shall he su~iect to r:nodiflcation upon mutual agreement beIWeen the County and Lessee.
(B) All groups holding special private events at the Demised Premises and desiring to provide tram
rrnnspona1.lon shall be rcquirtd to use L~see's trams, which shall be operated only be authorized Lessee employees,
llod such groups shall not \"Ie ~nnirred to provide their own tram or other motorized transportation to and from the
Premises. Memhers of .t!:roup~ not u~ing tram transportation shall be able to walk freely to and from the Demised
'~emises on the bt'lardwnlk.
(C) All groups shall retain the Lessee to cater their event at the Demised Premises.
(D) No group holding a nrivate event shall be pennitted to provide disruptive amplified music or steel-drum
bands. All groups shall be subject to all County noise ordinances and shall be responsible to ensure full compliance
therewith.
(E) Private Events shall be described as either sponsored thru or contracted wilh Naples Grande. The
Lessee shall be permitted to serve alcohol at private events ilJ1d the proceeds of such sales shall be subject to n six
(6%) percent gross revenue share fOTTllula as otherwise set faith in Article 4, Section D, Paragraph 2.
ARTICLE 17. USE OF THE BEACH IS PRI~RY. The Park is for the use of the public for recreation and other
public purposes, and the Lessee's' actiVity s.hall not infringe upon the public's right to such use, subject to only
Article 16 above. The iocation of any equipment, cart or any other materials of the Lessee are subject to approval of
the Parks & Recreation Department. However, this does not preclude the Lessee, upon obtaining prior written
approval of the Director of Parks and Recreation, from scheduling promotiona.l events, including eVents which might
temporarily limit access to the Premises, or any ponioo thereof.
ARTICLE 18. COUNTY CONTROLS BEACH. Nothing in this Agreement will preclude tbe County from using
the public areas of the beach for public andlor civic purposes as deemed necessary; however, these areas of the beach
may nal be closed to other public use during nonnal hours of operation.
ARTICLE 19. SERVICES AND DUTIES. The Lessee agrees that the operation and Maintenance ofrhe Park and
concession S'land(s) is to be handled by trained personnel, with emphasis on safety and maintaining the Aeachs.ide
Facilities lino immediately adjacent beach in a neat and orderly fashion. The Less.ee hereby ngrees. to perfonn the
following duties:
(A) Maintain the bathroom facilities in a clean and sanitary condition at all times.
(B) Qllalify customers and give il1~ructions on the operation of the various rental equipment.
(C) Oversee the general use of the Boardwalk, DeachsideFacilities, and the immediately adjacent beach,
and shall report all misuse, damage and Violations 10 the authorities and notify the Director af Parks and
Recreation as appmpriale. Nothing herein shall be construed or interpreted.as imposing fillY ohligation
or duty on the Lessee fm the public's safety in their use of the oceao.
(D) Furnish all soap and other consumable supplies for the resuoam facilities.
([) Collect, bag and place the garbage in containers, and have the containers removed from the Premises.
(F) Remove trdsh daily and provide litter pickup for all trash and debris nm in containers for the
immediately adjacent beach, Beachside Facilities, Boardwalk, and surrounding areas., excluding the
County Public Parking Area.
(G) (Reserved)
(Ii) (Reserved)
(I) Open Ilod close the Park according to establisbed Park hours.
(J) Clean up debrisltra!lh from the sand beach area in and arollnd the demised srefl.
-
ARTICLE 20. COUNTY PUR LTC PARKING AREA. Any maintenance or supen'ision of the COllnty Public Parking Arel!.
shall be the sole responsibility of County. Lessee shall have no duties wbatsoever with respect to the COllnty Public Parking
Area, and shall incur no expense or liability with respect thereto. The Lessee will ensure that nn employees will park cars ill
the public lot during their working hours, unless previously approved in writing by the Director of Parks and Recreation.
(,
Agenda Item NO.1 ON
. . Octoher 23. 2007
AR11CLE21_ NO DlSCRThllNATlON. The LesRee agrees that there shall be no discnmmatlon ilbfO rac,i'cte5114
color, creed or national origin in its operations under this Agreement; and further, there shall be no d.if~~llDati~n
re-garding any use, ser\'lce, maintenance, or operation of the Premises. All facilities located on the Premises shull be
mad~ available to the public, subject to the right of the Lessee to establish and enforce rules and regulations 10 provide
for the safety, orderly operarion and security of the facilities.
ARTICLE 22. ORDERLY OPERATION, ETC. The Lessee shall at all times have a neat and orderly operation
and shal! main tam all necessary housr:keeping services for the Premises. There shall be no living quarters nur shall
anyone be permitted to live on the Premises,
ARTICLE ::!3. HOURS OF OP'RRATION. Lessee shall open the concession sttmd(~} 110 later than 9:00 B.rn. and
dose not earlier than 6:00 p.m., seven (7) days a week, unless otheT'VVlse agreed with the Director of Parks and
Recreation. The Les.see also abrrees to open and close the public Park from dawn to dusk unless specifically
authorized in writing by the Director ofPnrks and Recreation to do otherwise or the premises are in use in accordance
with Section 8 above. During inclement weather, the Lessee shall use its ovm best judb'l11ent regardmg closmg the
concession. Cmlnty shall have the right to request Lessee to extend its normal operating hours to accommodate
County-sponsored events for up to 15 hours of such extended operations per year, to require a written guarantee from
C'ounry of revenues to be generated during such extended hours, in amount(s) 10 mltt\lally agreed upon by the piJrties.
ARTICLE 24. PPJCES. All prices mu!tt be visibly displayed to Lessee's cllstomers. , and must be approved in
writing by the Director of Parks and Recreation. The Less.ee shall rent or sell only those items apprn\'~d in writing by
the County.
ARTICLE 25.
concessions.
Recreation.
SIGN AGE.
All advcnising,
Lessee shall. at it sule cost, provide and remove signs at all public approaches to its
sign age and posting shall be approved in ...mting by the Director of Parks and
ARTICLE 26. VEHICLES IN P:\RK. Vehicles, other than authorized pedestrian tram, emergency vehicles and
~U1hori2ed construction \'elllcles, are only allowed in areas where roadways are provided and vehIcles will park only
in areas designated for vehicle parking. The Lessee shall have the right to use vehicles on the beach only to load and
unload equipment and supplies, and for septic tank maintenance and Cleaning.
ARTICLE 27. CONT ATNERSlBJODEGRADABLE. The sale or dispensing of beverage in bottles is not
penmttc:d nor shall hottle or g!as:; containers be permItted in the hrk. Beverages may be sold or dispensed in cans,
plasriL, Dr paper cups, although biodegrad:J.ble containers are most desired from a COllnty srandpoint. The dispensing
:1nd lIse of stnlws is also prohibi1ed.
ARTTCLE 28. STOR.'\GE. Lessee ~t,'Tees that there will he no ovemlght SlOrage of any kiml, wesl of the
[k:lchside Facilities, unless OJ speciul exceptlOn is issued by the County. Lcssee ::;halJ comply with all .applicable laws,
statutes. ordinances, and loco] r'..1les, concerning storage on public lands.
ARTICLE 2~j, NO DANGEROUS MATFRV\LS, The Lessee shall not use or permit in the Boanh....ulk, Re<lchside
Facilities, or Park the stornge of illuminaiing oils, 011 lamps, turpentine, benzene, napt"ha, or other s.imllar substunces,
or explosives of a.ny kind, or any subst;mce OT articles prohibited in the standard policies oUire msuranct: companies
doing business in the state of Florida.
ARTICLE 30, LESSEE NOT TO REMOVE PROPERTY. The Lessee agrees nol to remove any fixtures
brought inro the Park for The -purpose of this Agreement, except such items as may be reasonably necessary for Lessee
10 meet requuements ()f: (8') seasonal demands; (b) special events conducted by Lessee; and (c) the repHir or
replacement ufpropcny. The panies recognize that U:ssee's service requirements under this Agreement shall not be
limited or reduced b~y the removal of its property. Provided Lessee satisfies its obligations under this Agreement, it
:-.hall . within thirry (30) dny!' afu:r expu-:!t1on oithl$ Agre::ment, remove its personal property and equipment from the
l>r~mH;c&, provlIled such ft'movill can b::: uccomphsh~d wllhout damaging the Premises. Should L~ssee fail TO remove
5w.:h p::r~oniJl property and ei:Uipm~n1, lht:' Cmm1)' m<1Y CUllS!: same (0 be removed and stored at the cost and expensc
01 lhe Lc~s:>t"; .:md the Counly ~h;jll iUIVt ~ (:(lTl1mumg Jl~n 1hereon in the amoU01nf the cosl and ~x'Pense of Sitch
rernny:.l :lOcI 5torugl: llt1fll P::HJ. ;md rne.~' ~ell ~Llch J1~~on;\1 propcny and reimburse itself for sllch co<;t and expense,
lm:ltlJll11~, thC' c:\pcose of tile !i!lle
Article J I. SECURITY. The Lessee shan provide any security measures which :nay be required to prntect the
Be3ch FaCilities, and its equipment and materials. Such security measures may not violll.tc IDcal or state law or other
restrictions of this Agreement.
Article 32. NO LIENS. Lessee agrees that it will not suffer, or through its actions t1t those actions of anyolll:
under ItS control. or supervision, cause to he filed u~on the Park any lien or encumbrance. In the ~vent an)' lien i~
filed, Lessee <l~'Tees to cause such hen 10 be discharged, sansfied, Or bondedo-{)ff within SIXty (60) days of receiving
written notice from the County.
7
Agenda Item No.1 ON
Arude 33. INSPECTION. The Lessee agrees that the concession facilities and Premises may b~J'i\~~'j[;,~n~~:
time by authorized representatives of the County Administrator or by any other stat-e, county, Of agency otlfJfu1having
re;;ponsibilities for inspections of such operations. The Lessee agrees to immediately undcnake the correction or any
deficiency cill~d by such inspectors.
,o\rticle 34. RECORDS AUDIT. The Lessee agrees to establish and maintatn such records as may be prescribed
hy the County to provide as evidellCe that all tenns of Ihis agreement have been and are being observed. The Lessee
grants to the County the right and authority to audit all records and docutmnts penaining to the conceSSlon operation.
Such ;ludi.t '''''Ill be conducted at locations and at a frequency determined by the County and communicated to the
Lessee. The Lessee agrees to provide materials for the audit at the designated place within seven (7) business -days
after the County's notice is received.
Article 35.
ENFORCEMENT.
(A) The partIes agree that the County shall have a continuing lien on such personal propel1y or
trade fixtures of the Lessee located at the Clam Pass Park, said lien against such personal property or trade fixlures for
tile .sum of,vhlCh mil}', from lime- to time, b~come due and unpaid to the County under this Agreement. Upon default
of any reqml",d paymenusl by the Lessee. [hI: Cmmly shall have the right to take possession of and retain Lelisee's
pcnon.ul property aud for tmde fi~ture$ to the: extent of the herein described lien value until the full amount shall be
p:ild, or to sell the san,e at public auction, nnd after deducting the expenses of sale and reasDnably 3ltorney's fees
apply the lllihmce of the proceeds in such J13)'ml:nl. llod If lhere should be any deficiency to resort to any other legal
remedy available In the County. Smlldtam:uu!>ly wilh Ih: execution of thi5 Agreement to Lessee will furnlsh the
('ounly with tWD (1) W'nlplt'le lJCC-l Statement:;. Ul cover such personal property or rental equipment at Clam Pass
Parking in an amount equal 10 Ihe County's lien under this Agreement, one to be Jiled locally and one to he filed in
Tallahassee. The UCC.] Statement shall evidence the County's secured status fol' the performance of the Lessee's
obligations. Any change or amendment to the UCC-l Statement(s) indicating different property of Lessee to secure
County's lien hereunder shall require II wrinen amendment duly executed by the parties.
CD) In the event of any willful violation of this Agreement by the Lessee, or if the County or its
uuthnnzed representative shall deem rin).' conduct on lhe pnn of thc Less.ee to he' noted on Tbe LC!j.J.iec lnspt"cllon
Report, the Counly shull notify Ihe Lessee m \~Titm}; of u11egt:d 'willful viobtton or 11lspt:cllOn Report n()t:itHln, nud
affard tbc L<<,:sser ~ J't:1!!;(mable nppmtUTIu)', of not less thnn thin)' (30) d~y:;. to cure alleged "olation. After tl1(,
requiSIte cure period. the County shall have the right to suspend the operatinn of the concession should the Lessee fElil
to correct any such "ialation, conduct, or practice to the satisfaction of the County. County will nol suspend operation
during lhe pendanc)' of Ihe cure pc:nod. The Lessee shall not commence operation during such suspension until the
violation has been corrected to the satisfaction of the County.
Artic]e 36. PERFORMANCE BOND. Upon executing this Agreement, Lessee shall pOSt with the County a
performance bond in the amount of FIFTEEN TI:IOUSAND ($15,000.00) DOLLARS. (Best's Guide ofratmg of A- Or
Jl1fll{l', l Tl1~ performance hond shall be issued by a surety company authorized to do business in the stale or Florida,
and shall be released at the termination of this A!,rreement, provided Lessee has satisfied its ubligations under thlS
o\~!l'1:~t'mt'l1t
Anic\e 37.
INSURANCE. [See Article 9J
Artiele 38. NDEMNTF1CA TION. The Lessee agrees to protect, defend, indemnify and hold harmless the County
and its officers, employees and agents from and against any and all losses, penalties, damnges, !>cnlements, costs,
charges, profeSSIOnal fees or other ex.penses or liabilities of every kind and character arising out of or n:lating to any
and all clmms. h~hS demands, obligations, actions, proceedings or causes of actiOTl of every kind und charncter with or
arismg din::cdv or mdirecrly out of OUf obligations under this Agreement or our performance of this Agreement.
Arricle 39. PERlvITfS; LICENSES; TA}..."ES. The Lessee and the County agree to cooperate and to obtain all
reqUITed f!}l\'f'llTtTlCT11 permns and licl:fH>:t::!i nccessnry (or conducting busmess, and Lessee shall pay for all permits
n.hlamr.'c..!, Tne Le,l;:;.t!1: ugrees t(I comply WIth llll laws governmg the responsibility of an employer with respect to
perSon r;:mpln}'cd by the Lessee:. 111l: Lessee: shull be solely responsible for payment of any and all taxes Icvie.J 1m The
COllt:.es!>It'T1 npi;"liI11on. ]n addltlOn, the Lt:ssc:t, shall comply with all ruies, regulations and laws of Collier County, the
:i-GlTe ofFlond:l. or tht' U.S. GfI\'cmmelll ntl~V In force or hereaf1er adopted.
Artic1e40.
UTILITlES.
(A) The Le.:;sce agrees to -pay for all public utilities provided to the Beachside Facilities and used
within the concession operation. includmg but not limited to: electric, potable water, sewer and telephone,
(B) The Lessee shall, at its ovm cost, pro....lde any propane gas or other fuels. needed for its
ellulpment and openltion at the Park, under this Agreement
(C) The Lessee shall provide any communication system required for its business operation, :md
such equipment shall nOI lnlerfi:rt' \\'ith any public telephone installation ~vithin lhe Park.
,
Agenda Item NO.1 ON
.'\rlldo 41. MONTHLY REPORT. A monthly "'por: of nCIl\''''"" 10 D form dc\'clnpod b9'i1\~l{E[,~'?~'a~,Q07
l.:ppmvl:d by the Director or Parks snu Recreation. shall be suhmitted to ,h(: DrreclOr of Parks ,lIid Rt':~fr.~ '/;t t~t 14
15'1' n(cucb mOl1th.
ArlitJe42. DEFAULT AI\'D TERMll.JATION. If either party fails to comply with any of the material terms a
conditions hereof, and such non-compHance is Dot cured within thirty (30) days after written notice is given to the IlC
complyiIlg party, the non-offending party may terminate this Agreement. Should County, under the terms of this Agreeme
be enlitled to declare Lessee in default and tt:rminate the Agreement, then the CounlY may revoke the privilege oC the Less
to enter the Premises for the purposes for which this concession was granted, and the COl1nty may oust 1111 parties present l1p
the PremIses attempting to ex.t!rcise any of the rights so revoked. Continued occupancy of the faciht)' by Lessee af
termination of this agreemenl shall constitute trespass, and may be prosecuted as such. In addiTion, the Lessee shall pay to I
COUnty ONE I-IUl\L)RED ($100.00) DOLLARS per day as liquidated damages for such In:spass and holding over. Shm
LESSOR terminate thlS LEASE dunng the first nventy-four (24) months, LESSOR shall be hound by the obligations impos
by Article 2 hereof
Amck 43. ADMINISTRATION.
Administrator or his designee.
This agreement shall be administered 011 behalf ofrhe County by the Count:
Anicle 44.
NOTICES,
(A) All notices from the County to the Lessee shall be deemed duly sen-ed ifhand delivered or mailed b
registered or certified mail to:
Naples Grande Resort
475 Seagate Dnve
Naples. FL 34103
With u courtesy copy of all legal notices to:
L^~ Legal Department
595 S. FedeI1l1 Highway, Ste. 600
Boca R8ton, FL 33432
(B) All notices from the Lesst"e to the Councy shall be deemed duly served [fhand delivered or mailed b
registered or certified mail to:
Director of Parks and Recreation
TJarks and Recreation Department
15000 Livingston Road
Naples, Flonda 34109
(C) The Lessee :md the Coumy may change the above mailing addresses at any time UPOll giving. t
other party writ1en nClllfic3!ion. All notices under thi.. concession agreement must be in writing.
Arncle 45.
Secfion intentionally delered
Artldt' -Ill ~o PARTN'ERSHlJ'. i\:othing herein contained shall create or be consf.rued as creating a pannership betwe
the [nun1;,' amI the L~sst':e or to constitute- the Lessee as an agent oftne County.
Artie!e 47.
ASSIGNME!\"T, Article 7 herem shall control
r\rticle 48. COOPERA T10N. The Lessee agrees to reasonably cooperate witb the Counry in crmdllcting smveys and
provide reports of \'\SiIOr usage of cOllces.sion services, \Vhere this Agreement provides for the Cbunty to provide for t
CounfV to prm"llk II r(::~pomie or pi::'lfllnl\ allllcl npon tll(: Less.ee's request. the (.OtlnlY shull promrHy rf':<Jp.ond llf nct lJPl)1\ SLI
r"quest. and shall not unreasonably withhold its consent where COlll1lY COllsclH IS reqlllrcd. An.\' nght. pOWel", pn\'ileg!~
obl1gation allocated to the County AdmmiSlratoT under tills Agreement, may also he performed by the COllllt)' Adminisrrato
de-signee. Furthcr, the Counly agrees 10 provide tne Lessee \vith advance notice of any special evcnt and top coordinate w
lh;: Lc::;scc rt');iJrding ~,ilme. (mint" lll~G .agrCr:'5 to flrm.ide l.c5-"el~ rqpuding: s,ame. Cuunly alS\1 a[!TcC"~ III rro'.'idt" L~~sC'~ \\
nmicc of the uvallablllt)' of plans for any remodeling of the Beachsld!: FnClhtle;> or the F1otmlwnlk.
Ar\lc1e- 49. FORCE MAJEURE. In 1he event ofmBjor storm, red tides, hllrric~mes or other such occurrences, the COUl"
shall remove or cause to he removed any and all deoris from Clam Puss Park and associated County facilities when deem
feasible by the County.
Article 50. A ITORNEY'S FEES. In the evtnt it become$ necessary for either party to litigate in order to enforce
rights under the rerms of this Agreement, then the prevailing party shall be entitled to reimbursement from the other party
its costs ,md reasonable attorney's fees. including those incurred during appellate proceedmgs..
Anick 51. WAIVER. No waiver or breach of any covenant or condition of this Agreement shall be taken to constitutt
waiver of any suosequent breach of such co\'enanl or condition nor to justify or authorize the nOll-obser\"8:11Ce on any otl-
.
occasion of the same or any other covenant or condition hereof, nOT shall the inaction of Coun~~itw~h~ot,eSQfeJ is
ciefault bereof be construed as a waiver of such default or County's rights to terminate tbis AgreemQlQtfAPmrs;t'i,.~,~OOK 11
shall any waiver of indulgence granted by County to Lessee be taken as an estoppel against County, Page 13 of 14
Article 52. WAIVER OF LOSS FROM HAZARDS. The Lessee hereby expressly waives all c1aillls .against the Com
for loss or damage sustained by the Lessee from or by the -public, its guests Bnd patrons,
Article 53. CONFUCT AND SEVERABILITY. The parties agree that in case any Dr:\C OT more of the provls\o
contained in this Agreement shall be held invalid, illegal or unenforceable in any respect, suel1 invalidity, illeglflil)',
unenforceabilny shall not effect any other provisions thereof, and said Agreement shall be construed a5 if such invalid, iIIe!
or unenforceahlc provisions had never been contained therein.
Article 54. ENTIRE UNDERSTANDING. This Concession Agreement contains the final and entire u1lderstanding a
J:\greernent bet\veen the parties hereto, and supersedes any prior concession agreement or extensions thereof between su
parties or any terill, statement, representation, warramy or condition, oral or wrinen, not contained in this Agreeme
Ho'wever, the Beach Access Facilities Agreement of November 15, 1983 shall not be affected by [his Agreement except
expressly provided herein. Any modification ofrhis Agreement must be in writing and signed by both parties.
j\11icle 55. FLORIDA LA WS. This Agreement shall he construed and enforced in accordance with the laws of the st.
of Florida. Lessee must be registered ro conduct business in the state of Florida and be able to furnish satisfactory proof
such registration.
Article 56. COMPONENT PARTS. This Agreement consists of the following component parts attached hereto, ea
cl,mponent being a part of this Agreement as if herein set out verbatim:
(A) Insurance CertilicBte(s); and
(D) Performance Bond.
(Cl Exhib;\ "A"
ARTICLE 57. .surrender of Premises
LESSEE shall deliver up and surrender to LESSOR possession of the Demised Premises and any improyements
upon expiration of this Lease, or earlier termination, broom clean and in as good condition and repair .as the same shall
be at the corrtn1encement of the term of this Lease or may have been put by LESSOR or LESSEE dming the
continuanct:: thereof, ordinary wear and tear and damage by fire or the elemt:nts beyond LESSEE'S control excepted.
ARTICLE 58. g~m:"rIL! Prnl'l!iions
LESSEE expressly agrees for itself. its successor and assigns, to refrain from any and all use of the Demised
Premises which would interfere v,'1th OT adversely affect the operation or maintenance of LESSOR'S Opcl1l.tjons where
:my such upcralions share conunon facilities or otherwise,
(0) Rights not specifically gra.nted the LESSEE by this Lease are hereby rcsr;Tved tet the LESSOR.
(b) LESSEE agrees to pay all taxes lmpos~d on the leasehold interest or otherwise related to the rental of the
Demised Premises to the extent applicuble under law.
(c} LESSEE llb'TCCS tn pay all intangible personal property taxes that may be imposed due to the crearion, by this
Lease, of a leasehold interest in 1he Demised Premises or LESSEE'S possession of said leasehold mterest in the
Demised Premises.
ARTICLE 59. b\!.lr01Ul'lenu:tl((1I1l'ern5
LESSEE represents, warrants and agrees to indemnify, reimburse, defend and hold h[\rmless LESSOR, from
and against all CQS[S (including attorneys fees and all appeals) asserted against, imposed on or incurred hy LESSOR
dIrectly or indirectly pursuant to or in connection with the appllcation of any federal, state, local or common Jaw
rel:ning [0 pollution or h:rrm to the environment directly caused b}' and tinked to the Lessee,
ARTICLE 60. Rad()n...9~
rn compliance with Section 404056, Florida Statutes, all parties are herehy made aware oflhe following:
Radon is ;J naturally occurring, radinactive gas that, when it has accumulated in a building in sufficient
quantities, may present health risks to persons who are e'i:posed to it over time. Levels. of radon that exceed federal
and state !,'Uidehnes have heen found in buildings In Florida. Addinonal information regarding radon and radon
testing lllay be ohtained rrOID your County Public Health Department.
ARTICLE 61. General Provisions
10
. LESSOR fully understands that 11~t" pollct" and law enforcement scclInry pm.tcc-f'1\9f~~'jlm_fl-'h~qil,jJ ON
cntt'n.~rmC111 ngenelt:"::. 10 the: Derm&cd premlses I~ lmllted to that proV1ded to any other bU51l1eSS or agf11i~!Rr~d *PO?
Collier County, and LESSOR acknowledges that any special security measures deemed necessl'lry ~nFlg8ijl'Wraf 14
protection of the Demised Premises shall be the sole responsIbility and cost of LESSOR and shalllTl\,t,i\'c no rost or
expense to LESSEE.
ARTICLE 62. Fxlctll (If ljens
All persons to whom these presents may come are put upon notice that no interest of the LESSOR in the
Demised Prcmlses shall be subject to liens for improvements made by the LESSEE, also liens for improvements made
hy the LESSEE are specifically prohibited from attBching to or becoming a lien on the interest of the' LESSOR in the
Demised Premises or any part of either. This notice is given pursuant to lhe provisions of and in compliance with
Section 713.10, Florida Statutes.
ARTICLE 63.11f[ccl\vc Dal~
This Lease shall become effective upon execution by both LESSOR and LESSEE.
ARTrCl.E 64. (im'l.!11i!J~ L"I".
This Lease shall be governed by, and construed in accordance with, the laws of the State ofFJorida.
IN \\ITNESS VVHEREOF, the parties hereto have hereunder set forth their hands and seals.
AS TO THE LESSOR:
DATED:
A TIEST:
DWIGHT E. BROCK., Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
James Coletta, Chainnan
, Deputy Clerk
AS TO LESSEE:
LESSEE: LeHill Partners, L.LC. d/b/a Naples Grande Resort &
Club
DATED:
W1TNF.SS (signature)
BY
/"1
~.
1:' ~. "'-,
'.C
,- .~". ...... > (:
NlIDlE' in CAI'S
!P:t:o>~, /
.,lP~LZ:r_ _ _~_ ~.k::::::"
{!VfTNESS (::;ignatur
;r",.,r 13, JNo[D~~_
lpnntllilmtl
Appnwed as to foml and
I~gal sufficiency:
:\ssistHnt County Arrame)'
UPDATED: September _ 2007
11
Agenda Item No.1 00
October 23,2007
Page 1 of 29
EXECUTIVE SUMMARY
To initiate a discussion with the Board of County Commissioners (BCC) to review the
history and chain of events resulting from a platting omission for the Olde Cypress Units
Two and Three plats, in the Olde Cypress Planned Unit Development (PUD) and to discuss
the potential means to resolve the resulting encroachments into the setback requirement
for preserve areas for 18 existing single family-residential structures in Units Two and
Tbree
OBJECTIVE: To advise the Board of County Commissioners of a recently discovered
omission during the platting of Units Two and Three, within the Olde Cypress Development
which has resulted in the issuance of building permits for structures which now encroach into the
required setbacks from platted preserve areas, to varying degrees (see Exhibit A). These
encroachments affect 18 properties in the Olde Cypress Development. The purpose of this
executive summary is to provide an opportunity for the staff to discuss with the BCC its findings
on the issue to date, The objective is to evaluate options to resolve the encroachment issues and
receive BCC direction to correct these encroachments, as recommended by staff.
CONSIDERATIONS: The current Olde Cypress PLlD originated with approval of a
Development of Regional Impact in November of 1986, It has been subsequently amended over
time, up to the current PUD ordinance which was approved on September 12, 2000. As
development began to proceed within the project, various large land tracts were platted which
included the platting of PUD and Land Development Codc (LDC) required prescrve areas,
platted as Tract A, in Unit One, The BCC approved the plat for Olde Cypress Unit One on April
13, 1999. Thc plat included Tract A, Conservation (Drainage Eascment) along with future
developments tracts, road rights of way. and some lots, Thc BCC then approved the plat of Oldc
Cypress L1nit Two on .June 22, 1999. The Unit Two plat was a replat of Tracts 2 and 3 (Future
Development Tracts) from the Unit One plat, which resulted in the creation of 70 single-family
building lots. Chapter 177.091 (17) of the Florida Statutes requires that the land surveyor
preparing a plat label the adjacent property by subdivision title, plat book and page. This same
language is found in the LDC Section 10,02,04 B.5.e.v. The Unit Two plat appears to be
sufficient in this respect: however the conservation tract (Tract A), which was labeled on the
original plat was not subsequently labeled on the Unit Two plat (the replat of Tracts 2 and 3),
The subject plats (Olde Cypress Units Two and Three) were recordcd in .July and August, 1999.
As noted above, the original subdivision plat for these tracts also platted the preserve area and its
boundary in relationship to the platted land tracts slated for future development, however the
replat of two units within this original plat did not carry over the Preserve Tract A.
Since 1991, the Collier County LDC requires the Developer to provide non-exclusive easements
or tracts in favor of Collier County, without maintenance obligation, for all protected/preserve
areas required to be designated on the preliminary and llnal subdivision plats. Any buildable lot
or parcel subject to or abutting a protected/preserve area required to be designated on the
preliminary and final subdivision plats is required to have a minimum 25-foot setback from the
boundary of such protected/preserve areas in which no principal structure may be constructed,
Subsequent re-plats, construction plans and plat and record drawings were submitted after the
Agenda Item No. 100
October 23. 2007
Page 2 of 29
original plat was approved, however these documents did not show the previously platted
preserve area boundary and consequently, the building permits that were issued for 18 single-
family dwellings were reviewed against the re-plat which did not show the preserve tract. To
further compound the issue, the lots were platted with a IO-foot wide golf course easement
abutting the conservation tract which left staff with the impression that the unlabeled large tract
was actually part of the golf course. The approval of these 18 permits have resulted in 18
dwelling units (principal structures) which now encroach, to varying degrees (see Exhibit B) into
the required preserve setback. As a result of this, the CDES Administrator has directed that
scveral internal procedural changes occur during the review of building permits to ensure that
preserve area setback requirements are checked against master plats as well as re-plats. The
Administrator has also directed staff to move forward with a plan to include preserve boundaries
on the plat and refine the Zoning Data Sheet to determine lot yards during the platting process.
Additionally, staff has added the LDC preserve setback requirements to the standardized PUD
document so they will be more readily noticeable by staff when they are reviewing building
permits for compliance with the setback requirements in a PUD.
Permits for single-family homes are reviewed for complctcness by Permitting Technicians in the
front lobby upon submittal of a building permit application. As part of the process of acceptance
of permit applications, the property address, zoning and flood elevation are verificd according to
address records and zoning maps by the Permitting Technicians. That information is then
entered into the computer. The computer permit record is checked for accuracy (bedrooms,
bathrooms, CDES calculated construction value, etc,), although the Permitting Technicians do
not compare the information on the application with the plans themselves at that time. Setbacks
are checked by the Planning Technicians according to PUD/LDC development standards, and the
infonnation is cntered into the computer. Technicians typically review the application based on
the latest plat which typically is the one which approves the subdivision of larger tracts into
smaller, buildable lots. In this case, the latest plat (replat) did not indicate that the adjoining
property to the rear was a platted preserve area, thus requiring setbacks of 25 feet from the
preserve boundary for principal structures. The Zoning and Land Development Review
Department does not typically review single-family permits, although assistance from Zoning
staff may be requested to deal with atypical situations,
The LDC allows for an administrative reduction of the required preserve setbacks up to a
minimum of ten feet, with the prior written consent of the County Manager or his designee.
Staff cannot locate any evidence that suggests that approval for these encroachments was
obtained by the Developer prior to submittal for building permits. Because subsequent re-plats
failed to indicate the preserve area boundary, the evaluation of the building pennit applications
during the review process did not take into account the existing preserve because it was not
shown on the plat; consequently structures were approved without regard to considcration of the
additional requirements for preserve area sctbacks and 18 principal and accessory structures now
encroach to varying degrees into the preserve setback requirement (not the preserve itself, just
the setback requirement), 111erefore the subject properties must abide by the setback
requirements for prescrves unless lawfully permitted to do otherwise. StafTis concerned because
they can find no evidence in any of the files for the plats, thc PUD or the building pemlit
applications which may have granted, administratively, the authority to reduce the setbacks.
Because the properties were platted and developed after 1991, staff does not believe the setbacks
Agenda Item No. 100
October 23,2007
Page 3 of 29
on the properties can be considered "legal non-confonning." Staff suggests the following as
alternatives to legitimize those properties that have been identified in Exhibit A.
OPTIONS:
1. Amend the PUD to allow for a reduction in the cncroachment into the preserve area
setback requiremcnts.
Pros:
1. Allows public input through a public hearing process
2. Clarifies the requirements for setbacks in the PUD document for the affected
properties
3. Property owner investment of time is minimal
Cons:
1. Highest Cost
2. Longer length of time to process
3. I f limited to affected properties may be viewed as treating others without the same
rights as "a special privilege,"
4. Rcquires approval of propcrty owners in order to submit the application
5. Consumes most staff time and resources
2, Require that the 18 affccted property owners each obtain a separate variance to the
setback encroachments. The extent of the variance required would be different for each
affected property and would depend on thc extent of the encroachment as determined by
a legal survey.
Pros:
1. Allows public input through a public hearing process
Cons:
1. High Cost
2. Longer length of time to process - requires extensive individual assessmcnt of each
property
3. Requires extensive investment of time and cooperation of property owners
4. May be viewed as granting special privilege to select property owners
5. Does not "clean up" the language in the PlJD document for preserve area
requirements
".....
3. Administratively approve the encroachments in a post-development state to the extent
staff is able while still abiding by the LDC provisions for administrative reduction in a
pre-development state.
Pros:
1. Low cost
2. Min imal inconvcnience and participation by property owners
3. Short length of time to process
4. Most data required for evaluation already present In public records
Agenda Item No. 100
October 23, 2007
Page 4 of 29
Cons:
1. Evaluation may result in findings that properties that can't meet LDC criteria for
approval
2. No public hearing required
4. Replat the Preserve area, platting a portion of the preserve against the properties as a
"bufferl1,
Pros:
1. Low cost - total cost for surveyor and county fees could be less than $10,000.00.
2, The Preserve is owned by one entity, provided owner/entity is cooperative, reduces
involvement with multiple property owners reducing time to process,
Cons:
1. Requires amendment of the South Florida Water Management District which
depends on their approval and may not be possible.
FISCAL IMPACT: The fiscal impact depends upon the action taken, Option 1, a PUD
amendment could cost $10,000 - $20,000 in staff time and advertising fees if initiated by and
paid for by the County out of CDES Fund 131. Option 2. a Dimensional Variance could cost
$2,000 - $4,000 per propcrty. Option 3, Administrative Approval would likely be the least costly
in that the time to evaluate the properties and the infonnation needed (degree of encroachment,
etc,) is minimal, no advertising costs or staff public hearings are required, At this time staff
estimates a cost of approximately $500 - $800 per property for Option 3, The third option would
also be least intrusive (would require very little of the property owners participation and
resources) however. administrative approval of the encroachments in a post-development state
would not allow for a public hearing. Option 4 would be a viable option however it relies on the
ability to get an amendment to the South Florida Water Managcmcnt District pcrmit which could
be difficult.
GROWTH MANAGEMENT IMPACT: It is anticipated that approval of any of these options
will not affect the Growth Management Plan, A complcte evaluation of thc impacts to the
Growth Management Plan will be conductcd as part of the staff review process for any of the
selected options.
LEGAL CONSIDERATIONS: This request IS legally sufficient for the Board of County
Commissioners consideration,
RECOMMENDA T10N: That the Collicr County Board of County Commissioner's direct the
County Manager to direct staff to proceed with amending the PUD (Option 1).
PREPARED BY: Susan M, lstenes. AlCP. Director, Zoning and Land Development Review
Item Number:
Item Summary:
Meeting Date:
Page I of I
Agenda Item No. 100
October 23, 2007
Page 5 of 29
COLLIER COUNTY
BOARO OF COUNTY COMMISSIONERS
100
This item to be heard a110:30 a.m. To initiate a discussion with the Board of County
Cornrnissioners \0 review the history and chain of events resulting from a platting omission
tor the Olde Cypress Units Two and Three plats, in the Olde Cypress Planned Unit
Development (PUDl (jnd to discuss the polentialmeans 10 resolve the resulting
encroachments into the setback requirement for preserve areas for 18 existing single family
residential structures ill Units Two and Three (Susan Islenes, AICP,Director, Zoning & Land
IJevelopment Review)
1 (Jf23f2007 9:00:00 AM
Prepared By
Susan Murray, AICP
Comlllunity Development &
Environmental Services
Zoning & Land Development Director
Date
Zoning & Land Development Review
10/17/20079:50:30 AM
Approved By
Susan Murray, AICP
Community DeIJelopment &
Environmental Services
Zoning & Land Development Director
Date
AI)proved By
Zoning & Land Development Review
10/17/20079:51 AM
Joseph K. Schmitt
Community Development &
Environmental Services
Community DeIJelopmcnt &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
10/17/200710:14 AM
AIJproved Dy
William D. Lorenz, Jr., P.E.
Community DeIJelopment &
Environmental Services
Environmental Services Director
Date
AI)IJrOved By
Environmental Services
10/17/2007 11 :52 AM
Marlene Stewart
Community Development &
Environmental Services
Executive Secretary
Community Development &
Environmental Services Admin.
Date
10117120071:06 PM
AIJproved Hy
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
10/17/20071:06 PM
AIJproved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
Coullty Manager's Office
10/17/20072:13 PM
Agenda Item NO.1 00
October 23, 2007
Page 6 of 29
Violations - principal structures only (Willoughby)
Unit Three, Tract 5, Lone Pine Lane
Lot 1 L 2886 Lone Pine Lane - 0.4' encroachment
Lot 15,2902 Lone Pine Lane - 1,6' encroachment
Lot 17,2918 Lone Pine Lane - 1.4' encroachment
Lot 19,2936 Lone Pine Lane - 1.0' encroachment
Lot 22, 2948 Lone Pine Lane - 4.3' encroachment
Lot 23, 2952 Lone Pine Lane - 5.0' encroachment
Lot 24, 2956 Lone Pine Lane - 3.0' encroachment
Lot 27, 2968 Lone Pine Lane - 10.85' encroachment
Lot 28, 2949 Lone Pine Lane - 14.3' encroachment
Lot 32, 2933 Lone Pine Lane - 5.0' encroachment
Unit Two, Tract 2. Treeline Drive
Lot 13,7504 Treeline Drive - 3.0' encroachment
Lot 14,7508 Treeline Drive - 4.0' cncroachment
Lot 18,7524 Treelinc Drive - 2.3' encroachment
Lot 22, 7540 Treeline Drive - 4.4' encroachment
Lot 23.7544 Treeline Drive - 5.0' encroachment
Unit Two, Tract 3. Wild Orchid Court
Lot 14, 2852 Wild Orchid Court - 1.4' encroachment
Lot 15.2847 Wild Orchid Court - 2.8' encroachment
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Olde Cypress Approval and Platting History
Activity
SFWMD Permit
SFWMD Permit
SFWMD Permit
SFWMD Permit
DRI Rezone
PUD
PUD
PUD
PUD
PUD Rezone
Plat Recording
Plat Recording
Plat Recording
Prelim Sub Plat
Project Name
Woodlands DRI
Woodlands DRI
Preserve Estates at Olde Cypress
Preserve Estates at Olde Cypress
Approved
11-Aug-94
14-Aug-95
12-Dec-02
7-Jun-05
Woodlands
Approved
11/1/86
1 0/22/96
4/27/99
12/15/99
5/24/2000
9/12/2000
Olde Cypress
Olde Cypress Unit One
Olde Cypress Unit Two
Olde Cypress Unit Three
Recorded
27 -Apr-99
23-Jul-99
19-Aug-99
Agenda Item No. 100
October 23, 2007
Page 9 of 29
Information
Conceptual approval
Governing Board Approval
Governing Board Approval
Permit Transfer to HOA
DRI 83-3
(subsequently repealed)
(subsequently repealed)
(subsequently repealed)
PUD 99-18
PB 32 P 1-11
PB 32 P 66-68
PB 32 P 84-86
Olde Cypress Unit Three
4-Mar-99 CCPC Resolution 99-14
3-Aug-99 Prelim Acceptance 21-Jun-00
Construction PPL Olde Cypress Unit Three
Record Drawings
Record Drawings
Record Drawings
Olde Cypress Unit One
Olde Cypress Unit Two
Olde Cypress Unit Three
Nov-99
Dec-99
Feb-OO
Olde Cypress Unit Three, Chronoloqy
o PSP 98-18 (CCPC Resolution 99-14) approved March 4, 1999
o Olde Cypress Unit Three Construction Plans & Plat submitted
June 9, 1999
o PPL approved by BCC August 3, 1999
o Preliminary acceptance of subdivision improvements, June 21,
2000
o Final Acceptance of subdivision improvements, March 14, 2006
Details
Preliminary and final acceptance dates:
Phase 1 preliminary acceptance 1/16/1999, no final yet
Phase 2 preliminary acceptance 6/26/2000, final 9/13/05
Phase 3 preliminary acceptance 5/18/1999, final 3/14/06
Agenda Item NO.1 00
October 23, 2007
Page 10 of 29
ORDINANCE NO. 2000- 53
AN ORDINANCE AMENDING ORDINANCE NUMBER 2000-37,
TIlE OLDE CYPRESS PUO TO CORRECT A SCRIVENER'S ERROR
DUE TO OMMISSION Of AN INTENDED REVISION TO SECTION
7.05 TABLE II DEVELOPMENT STANDARDS FOR RESIDENTIAL
AREAS; AND BY PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Collier County Board of ConunissioneJ'll adopted OrdiIllincc No. 2000..37. on
May 23, 2000, and;
WHEREAS. following said action adopting Ordinance No. 2000-37, staff determined that the
POO document transmitted to the DepBrtmcnt of State did not contain . proviJion that was otherwile
intended and made a pan oCttle public hearing and therefore constitutes I scrivener's error.
NOW, THEREFORE BE IT ORDAINED by the Board of County CommiBsioncra of Collier
County, Florida:
SECfJON ONK SCRIVENER'S ERROR AMENDMENT TO SECTION 7.05, DEVELOPMENT
STANDARDS
Section 7.0S. Development Standarda of the Oldc Cyprcu Planned Unit Development (Ordinance
Number 2000-37), is hereby amended to correct II scrivener's error by amending said section to read as
(oUaws:
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DEVELOPMENT STANDARDS FOR RESIDENTIAL AREAS (..~ 0
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PERMITTED SINGLE ZERO 1WO SINGLE ! ~A~ i;
USES AND FAMILY LOT F AMlL Y 8< FAMILY
STANDARDS DETACHED LINE DUPLEX ArrACHED 8< Dwit!.lNG
DUPLEX
Minimum Lot 6,000 5,000 3,500 3,000 S.F. lAC
A.... S.F. S.F, S.F.1ll perdu.
Minimum Lot 60 45 35 30 ISO
Width
FfontYard 25" 20 20 20 2S
Setbllck
Side Yard 5 00' 00r5 Oor.5BH Oar .5
Setback 10 BH
Rear Yard 20 10 20 20 25
Setback
Princi'Plsl
RellrYard 10 5 10 10 10
Acceuory ())
Maximum 35 35 35 35 , 45
Building I
Height
- ,
Uistanc:e Between N.A. N.A. N.A. 10 .5 BH
Strucntres
Floor Area Min. 1200 1200 1200 1000 750
(SF)
Words aha'l. tlvUl,ll are deleted; words underlined IlrC added,
Agenda Item NO.1 00
October 23, 2007
Page 11 of 29
BH '"" Buitdinll Heieht
(I) Each half ofa d..pter. unit requires. lot .rea.n~ion ofthiny-tivc hundred (3,500) square (eel for a total
minimum ofsevcn thourand (7,000) Iquare feeL
(2) Minimum 101 widtb may be reduced by twenty (20) percent (orcul-de...e lotS or lotll~ted on cUTVilincar ItrCCU
provided me minimum lot IIfa. iSl.till maintained.
(3) Accessory IIICS IUch .. pool erll.loelR. lTllIy be attached to priDcipal UIeI and lltteaot'Y IIIeI may be let b.ck five
lSl(eetf,omsideorrearl)f'ODertYlincs
(4) Where the zero (0) foal y&rd option is utilized,lhe oppo.itelide of the IlnJCluresha;1I have a ten (10) (oot side
yud. Zero (0) fool yard. may be uKd on either aide oCall1uCturc: provided thattbe opposite tc:n (10) (001 side
yard is provided.
(5) SinSlt--family dwellinga which provide for twO (2) pIl'kina .paca within an cndoaed lide.cnrry prase and
provide for ,gum parkins other mM private drjy~)'I IN.)' reduce front yard rcquircmentllO II:Il (10) feet for the
glBge and twenty (20) feet for the remaining nrtJetUfft.
(6) Building height Ihan be the vertical diatancc from the first finilhed f100r to the higheac point of the roof IUrfKe of
. nat or Bcnnuda roof, to the deck line Of a Mansard roof and to the mca1l height lcvcl between the UVell and thll
ridge of gable, hIp and a:~1 roofs. AcccilOry buildillls _II be limited to twenty (20) feet .bow: sr.. with
the exception of the miry monumeut depicted in Exhibit 0, which may be developed in accordance with the
elcv.tionsprovided.
(7) Four habitable floon above parking. A. maximum of aeven habitable noora above perklnJ may be approved to
enlw1ce view conidonl and 10 permit interface with preserve arcu so lona: as not incomptllible with adjoining
properties upon apPrOval of the Developmenf Services Oin:ctor through a conctptual Of Final Sile Development
Plan" BujldillJs ldjaccnllO Ihe project boundary property line on the we" IIhall be limited 10 lhrce habitable Ooon
Ibo~ parting, and the 28.68 acre. located aloni the eulem edit of the project in Section 22 and !he EUbjea of
the] 999 Notice ofCbllllgc to the DRJ is pennittcd a maximum height of three (3) ItOriell or thirty-five (35) fect.
(8) 'The project cntrM{;C lignagc, which includes lU'dailC'CtUtal cnhanc:emc:ntl, lhall be pmnittcd along the near ClIItCm
extremity of OLDE CYPRESS as depicted on Exhibit 0 on lands: under common ownenhip by the devcloper.
This Ordinance shall become effective upon filing with rhe Department of Stile.
PASSED AND DULY ADOPTIID by the Board of County Commisaioners of Collier County, Florid., tbi. ~
.._.<:;;;;~f~:\1i(~p~ ,2000,
t/~~~~~\\...
: 1 DWJQHTE.:.9'ROCK,'Clerk
,\~t'.t.;~;rW ..,.~e BY,
. ^~';'cd..U;i~n;"nd Attest IS to Ch.t.......
legal Sufficiency: sfg..ture onJ,_
f1RonNinolOnlilun:02000.17/RNlim
Thi$ ordinance fU<!'r! with tt-..
~~q~tary of S~~}Clljce lhl!l
~dayof ,~
and acknowfedg~ment of that
~~In:e;;"'ved !hI. ~day
Ily~~~t'"
--
'lhtl. . m /Jtfi.1''''''
.~... .
Marj "e M. Student
Anistant County Attorney
Words Itnllk tM81lgh are deleted; wordlllnderlincd are .ddcd,
Agenda Item NO.1 00
October 23, 2007
Page 12 of 29
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2000-53
Which was adopted by the Board of County Commissioners on
the 12th day of September, 2000, during Regular Session.
WITNESS my hand and the official seal of the Board ~C: ~
r-~ g
County Commissioners of Collier County, Florida, this 14th~aa~ -"
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DWIGHT E. BROCK /.:;. "',', ".
Clerk of Courts and .Clerk. . ..' '. "
Ex-officio to Board iof . '.'
County Commissioners,. ~ j, .
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~A~ \ ;<.... ,.:,~~,:~;'.", ,'f
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By: Ellie Hoffman,
Deputy Clerk
of September, 2000.
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Agenda Item No.1 00
October 23, 2007
Page 13 of 29
LDC history and text relZardiUl! Preserve Setback requirements
In the 1991 LDC:
3.2.8.4.7.3.
"Protected/preserve area and easements. A nonexclusive easement or tract in favor of
Collier County, without any maintenance obligation, shall be provided for all
"protected/preserve" areas required to be designated on the preliminary and final
subdivision plats, Any buildable lot or parcel subject to or abutting a protected/preserve
area required to be designated on the preliminary and final subdivision plats shall have a
minimum 25-foot setback from the boundary of such protected/preserve area in which no
principle structure may be constructed. Further, the preliminary and final subdivision
plats shall require that no alteration, including accessory structures, fill placement,
grading, plant alteration or removal, or similar activity shall be permitted within such
setback area without the prior written consent of the development services director;
provided, in no event shall these activities be permitted in such setback area within ten
feet of the protected/preserve area boundary, unless the above setbacks are accomplished
through buffering pursuant to section 3.2,8,3.4.
The boundaries of all required easements shall be dimensioned on the final subdivision
plat. Required protected/preserve areas shall be identified as separate tracts or easements
having access to them from a platted right-of-way. No individual residential or
commercial lot or parcel lines may project into them when platted as a tract. If the
protected/preserve area is determined to be jurisdictional in natures, verification must be
provided which documents the approval of the boundary limits from the appropriate
local, state or federal agencies having jurisdiction and when applicable to the
requirements and provisions of the growth management plan.. ,,"
3.2.8.3.4 Buffer areas...Buffers adjacent to protected/preserve areas shall conform to the
requirements established by the agency requiring such buffer." [allows for agency
permitted water management berms or hedges to be in the first 1 (J .Ii adjacent to a
presenJe]
LDC Supplement (immediately prior to recodification):
3.9.5.5.6.4. Required setbacks to preserves. All principal structures shall have a
minimum 25-foot setback from the boundary of any preserve. Accessory structures and
all other site alterations shall have a minimum ten foot setback from the boundary of any
preserve, There shall be no site alterations within the first tcn feet adjacent to any
preserve unless it can be demonstrated that it will not adversely impact the integrity of
that preserve, (i.e. Fill may be approved to be placed within ten feet of the upland
preserve but may not be approved to be placed within ten feet of a wetland preserve,
unless it can be demonstrated that it will not negatively impact that wetland.)
Agenda Item No. 100
October 23,2007
Page 14 of 29
LDC post recodification:
3.05.07.H.3. Required setbacks to preserves.
a. All principal structures shall have a minimum 25-foot setback from the boundary of
any preserve. Accessory structures and all other site alterations shall have a minimum 10-
foot setback from the boundary of any preserve. There shall be no site alterations within
the first 10 feet adjacent to any preserve unless it can be demonstrated that it will not
adversely impact the integrity of that preserve. (i.e, Fill may be approved to be placed
within 10 feet of the upland preserve but may not be approved to be placed within 10 feet
of a wetland preserve, unless it can be demonstrated that it will not negatively impact that
wetland.
] 0.02.04.8, I:
B. Final plat requirements.
I. Protected/preserve area and easements. A nonexclusive easement or tract in favor of
Collier County, without any maintenance obligation, shall be provided for all
"protected/preserve" areas required to be designated on the preliminary and final
subdivision plats or only on the final subdivision plat if the applicant chooses not to
submit the optional preliminary subdivision plat. Any buildable lot or parcel subject to or
abutting a protected/preserve area required to be designated on the preliminary and final
subdivision plats, or only on the final subdivision plat if the applicant chooses no! to
submit the optional preliminary subdivision plat, shall have a minimum 25-
foot setback from the boundary of such protected/preserve area in which no principle
structure may be constructed. Further, the preliminary and final subdivision plats, or only
on the final subdivision plat if the applicant chooses not to submit the optional
preliminary subdivision plat, shall require that no alteration, including accessory
structures, fill placement, grading, plant alteration or removal, or similar activity shall be
permitted within such setback area without the prior written consent of the County
Manager or his designee; provided, in no event shall these activities be permitted in such
setback area within ten feet of the protected/preserve area boundary. Additional
regulations regarding preserve setbacks and buffers are located in Chapters 4 and 10, and
shall be applicable for all preserves, regardless if they are platted or simply identified by
recorded conservation easement.
Agenda Item No. 100
October 23, 2007
Summary of Single Family Building Permit Review process Page 15 of 29
Penn its for single-family homes are reviewed for completeness by permitting techs in
the front lobby on submittal of the building pennit application. Property address,
zoning and flood elevation are verified according to address records and zoning maps
by the pennitting techs and entered into the computer The computer permit record is
checked for accuracy (bedrooms, bathrooms, CDES calculated construction value,
etc.), although the permitting techs do not compare the information on the application
with the plans themselves. The application fee is determined and submittal fees are
paid and receipted. Setbacks are checked by the planning techs according to
PUD/LDC development standards, and the information is entered into the computer.
Review checklists and route sheets are prepared and the plans are stamped. Zoning
does not typically review single-family permits, although assistance from Zoning
staff may be requested to deal with atypical situations.
The plans are reviewed for compliance with the Florida Building Code requirements.
The permit fees are assessed and entered into the permit record and written on the Fee
Checklist. The inspections are entered into the pennit record and checked on the Fee
Checklist. The permit package is forwarded to the next review stage (FEMA, Impact
Fees, etc.). Impact Fee staff reviews the application and then sends it to Final
Typing. Final Typing checks the general contractor page and ensures that it is signed
by the qualifier and that all required subcontractor pages are signed and notarized.
Permit fees are checked for correctness, totaled, and checks are made for water &
sewer fees if applicable, Final typing checks under the address record to make sure
there are no duplicate permits. The customer is called and advised that the penn it is
ready for pickup and are advised ofthe required fee.
After the permit is issued, the inspection process begins. Inspections are called in and
scheduled by the person to whom the permit was issued, either the contractor of
record or the owner/builder. If there is an inspection for concrete ( i.e. footer, slab)
this triggers the requirement for a Spot Survey which is due 10 calendar days after the
approval of the footer/slab inspection. The Spot Survey is reviewed by the Building
Department planning techs and shows setbacks for all permits; verification of flood
elevation is required for all permits showing "living space." Permits that are for "non-
living space" (i,e. screen, dock, pool, etc.) only need Spot Surveys showing setbacks
and these Spot Surveys are required at time of Final Certificate of
Occupancy /Comp let ion.
After all inspections have been approved on the permit, the contractor/ owner builder
contacts the I nspections Department, and is advised of the fees owed and if any
additional documents are required ( i,e, Final Survey, Fire compliance, Final
Elevation, Bug Spray, Final Private Provider Letters, etc.). Once the additional
documentation, if any, is provided, the Final Certificate of Occupancy/Completion is
issued.
Exhibit C
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Agenda Item No. 10P
October 23, 2007
Page 1 of 27
EXECUTIVE SUMMARY
Recommendation to approve the FY 08 contract between Collier Connty and the
State of Florida Department of Health for operation of the Collier County Health
Department in the amount of $1,481,000.
OBJECTIVE: To provide local funding to augment the level of public health services
provided to the residents of Collier County.
CONSIDERATIONS: Each year, the County enters into an agreement with the State of
Florida Department of Health to provide funds and facilities for the provision of public
health services. The attached represents the FY 08 contract effective October I, 2007
through September 30. 2008,
~,
The agreement identifies the services that will be provided with the cost share between
the State and the County. The total amount allected is $2,034,780. This includes County
funding for facility operating costs and capital outlay of $328,500. Additionally, the
County will make a direct cash contribution of$l ,481 ,000 and forward the Low Income
(LIP) Program match of $225,280. The LIP funding was increased from 17.5% to 20%
after the County Budget was prepared, On September 25, 2007, Agenda Item No.1 OF,
the Board of County Commissioners approved submitting the increased LIP % to the
Public Health Department resulting in an increase in match funding of$28, 180.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Plan impact
associated with this item.
FISCAL IMPACT: The contract includes a cash contribution of $1,481,000 and
$328,500 for building maintenance, utilities, capital outlay and insurance as well as
$225,280 in LIP fLmding for a total contribution of $2,034,780. These funds are budgeted
in the FY 08 General Fund (001) budget in the Public Health eost center.
RECOMMEND A TION: It is recommended that the Board authorize the Chainnan to
execute the annual contract with the State of Florida Depmiment of Health for the
operations of the Collier County Health Department and approve the Budget Amendment
to recognize the additional LIP revenues and appropriate expenditures.
Prepared by: Alan Portis, Collier County Health Department.
.~'
Agenda Item No. 10P
October 23, 2007
Page 2 of 27
CONTRACT BETWEEN
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
AND
STATE OF FLORIDA DEPARTMENT OF HEALTH
FOR OPERATION OF
THE COLLIER COUNTY HEALTH DEPARTMENT
CONTRACT YEAR 2007-2008
This agreement ("Agreement") is made and entered into between the State of Florida,
Department of Health ("State") and the Collier County Board of County Commissioners
("County"), through their undersigned authorities, effective October 1, 2007.
RECITALS
A. Pursuant to Chapter 154. F.S., the intent of the legisiature is to "promote,
protect, maintain, and improve the health and safety of all citizens and visitors of this state
through a system of coordinated county health department services."
8, County Health Departments were created throughout Florida to satisfy this
legislative intent through "promotion of the public's health, the control and eradication of
preventable diseases. and the provision of primary health care for special populations."
C, Collier County Health Department ("CHD") is one of the County Health
Departments created throughout Florida, It is necessary for the parties hereto to enter into
this Agreement in order to assure coordination between the State and the County in the
operation of the CHD,
NOW THEREFORE, in consideration of the mutual promises set forth herein, the
sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. RECITALS. The parties mutually agree that the forgoing recitals are true and
correct and incorporated herein by reference.
2. TERM. The parties mutually agree that this Agreement shall be effective from
October 1. 2007, through September 30. 2008, or until a written agreement replacing this
Agreement is entered into between the parties, whichever is later, unless this Agreement is
otherwise terminated pursuant to the termination provisions set forth in paragraph 8,
below.
3. SERVICES MAINTAINED BY THE CHD. The parties mutualiy agree that the CHD
shall provide those services as set forth on Part III of Attachment II hereof, in order to
maintain the following three levels of service pursuant to Section 154.01(2), Florida
Statutes, as defined beiow:
a. "Environmental health services" are those services which are organized and
operated to protect the health of the general public by monitoring and regulating activities
in the environment which may contribute to the occurrence or transmission of disease.
Environmental health services shall be supported by available federal, state and local
Agenda Item No. 10P
October 23, 2007
Page 3 of 27
funds and shall include those services mandated on a state or federal level. Examples of
environmental health services include, but are not limited to, food hygiene, safe drinking
water supply, sewage and solid waste disposal, swimming pools, group care facilities,
migrant labor camps, toxic material control, radiological health, occupational health,
b, "Communicable disease control services' are those services which protect the
health of the general public through the detection, control, and eradication of diseases
which are transmitted primarily by human beings. Communicable disease services shall
be supported by available federal, state, and tocal funds and shall include those services
mandated on a state or federal level. Such services include, but are not limited to,
epidemiology, sexually transmissible disease detection and control, HIV/AIDS,
immunization, tuberculosis control and maintenance of vital statistics.
c "Primary care services" are acute care and preventive services that are made
available to well and sick persons who are unable to obtain such services due to tack of
income or other barriers beyond their control. These services are provided to benefit
individuals, improve the collective health of the public, and prevent and control the spread
of disease, Primary health care services are provided at home, in group settings, or in
clinics. These services shall be supported by available federal, state, and local funds and
shall include services mandated on a state or federal level. Examples of primary health
care services include, but are not limited to: first contact acute care services; chronic
disease detection and treatment; maternal and child health services; family planning;
nutrition; school health; supplemental food assistance for women, infants, and children;
home health; and dental services,
4. FUNDING, The parties further agree that funding for the CHD will be handled as
follows:
a. The funding to be provided by the parties and any other sources are set forth in Part
II of Attachment II hereof, This funding will be used as shown in Part I of Attachment II.
i, The Slate's appropriated responsibility (direct contribution excluding any state fees,
Medicaid contributions or any other funds not listed on the Schedule C) as provided in
Attachment II, Part II is an amount not to exceed $ 7,307,340 (State General
Revenue, Other State Funds and Federal Funds listed on the Schedule C). The State's
obligation to pay under this contract is contingent upon ~an annual appropriation
by the Legislature. '
ii. The County's appropriated responsibility (direct contribution excluding any fees,
other cash or local contributions) as provided in Attachment II; Part II is an amount not
to exceed $1,481,000 (amount listed under the "Board of County Commissioners Annual
Appropriations section of the revenue attachment).
b. Overall expenditures will not exceed available funding or budget authority,
whichever is less, (either current year or from surplus trust funds) in any service category.
Unless requested otherwise, any surplus at the end of the term of this Agreement in the
County Health Department Trust Fund that is attributed to the CHD shall be carried
forward to the next contract period.
2
Agenda Item No. 10P
October 23, 2007
Page 4 of 27
c. Either party may establish service fees as allowed by law to fund activities of the
CHO. Where applicable, such fees shall be automatically adjusted to at least the Medicaid
fee schedule.
d. Either party may increase or decrease funding of this Agreement during the term
hereof by notifying the other party in writing of the amount and purpose for the change in
funding, If the State initiates the increase/decrease, the CHD will revise the Attachment 11
and send a copy of the revised pages to the County and the Department of Health, Bureau
of Budget Management. If the County initiates the increase/decrease, the County shall
notify the CHD. The CHD will then revise the Attachment n and send a copy of the revised
pages to the Department of Health, Bureau of Budget Management.
e. The name and address of the official payee to who payments shall be made is:
County Health Department Trust Fund
Collier County
3301 E. Tamiami Trail, Bldg. H
Naples, FL 34112
5. CHD DIRECTOR/ADMINISTRATOR. Both parties agree the director/administrator
of the CHD shall be a State employee or under contract with the State and will be under
the day-to-day direction of the Deputy State Health Officer. The director/administrator
shall be selected by the State with the concurrence of the County. The
director/administrator of the CHD shall insure that non-categorical sources of funding are
used to fulfill public health priorities in the community and the Long Range Program Plan.
A report detailing the status of public health as measured by outcome measures and
similar indicators will be sent by the CHD director/administrator to the parties no later than
October 1 of each year (This is the standard quality assurance "County Health Profile" report located on
the Office of Planning, Evaluation & Data Analysis Intranet site).
6, ADMINISTRATIVE POLICIES AND PROCEDURES. The parties hereto agree that
the following standards should apply in the operation of the CHD:
a, The CHD and its personnel shall follow all State policies and procedures, except to
the extent permitted for the use of county purchasing procedures as set forth in
subparagraph b., below, All CHD employees shall be State or State-contract personnel
subject to State personnel rules and procedures. Employees will report time in the Health
Management System compatible format by program component as specified by the State.
b. The CHD shall comply with all applicable provisions of federal and state laws and
regulations relating to its operation with the exception that the use of county purchasing
procedures shall be allowed when it will result in a better price or service and no statewide
Department of Health purchasing contract has been implemented for those goods or
services. In such cases, the CHD director/administrator must sign a justification therefore,
and all county-purchasing procedures must be followed in their entirety, and such
compliance shall be documented. Such justification and compliance documentation shall
3
Agenda Item No. 10P
October 23, 2007
Page 5 of 27
be maintained by the CHD in accordance with the terms of this Agreement. State
procedures must be followed for all leases on facilities not enumerated in Attachment IV.
c. The CHD shall maintain books, records and documents in accordance with those
promulgated by the Generally Accepted Accounting Principles (GAAP) and Governmental
Accounting Standards Board (GASB), and the requirements of federal or state law. These
records shall be maintained as required by the Department of Health Policies and
Procedures for Records Management and shall be open for inspection at any time by the
parties and the public. except for those records that are not otherwise subject to disclosure
as provided by law which are subject to the confidentiality provisions of paragraph 6.i.,
below. Books, records and documents must be adequate to allow the CHD to comply with
the following reporting requirements:
/, The revenue and expenditure requirements in the Florida Accounting
System Information Resource (FLAIR),
ii. The client registration and services reporting requirements of the
minimum data set as specified in the most current version of the Client
Information System/Health Management Component Pamphlet;
iii. Financial procedures specified in the Department of Health's Accounting
Procedures Manuals, Accounting memoranda, and Comptroller's
memoranda;
iv. The CHD is responsible for assuring that all contracts with service
providers include provisions that all subcontracted services be reported
to the CHD in a manner consistent with the client registration and
service reporting requirements of the minimum data set as specified in
the Client Information System/Health Management Component
Pamphlet.
d. All funds for the CHD shall be deposited in the County Health Department Trust
Fund maintained by the state treasurer, These funds shall be accounted for separately
from funds deposited for other CHDs and shall be used only for public health purposes in
Collier County.
e. That any surplus/deficit funds. including fees or accrued interest, remaining in the
County Health Department Trust Fund account at the end of the contract year shall be
credited/debited to the state or county, as appropriate, based on the funds contributed by
each and the expenditures incurred by each, Expenditures will be charged to the program
accounts by state and county based on the ratio of planned expenditures in the core
contract and funding from all sources is credited to the program accounts by state and
county. The equity share of any surplus/deficit funds accruing to the state and county is
determined each month and at contract year-end. Surplus funds may be applied toward
the funding requirements of each participating governmental entity in the following year,
However, in each such case, all surplus funds, including fees and accrued interest, shall
remain in the trust fund until accounted for in a manner which clearly illustrates the amount
which has been credited to each participating governmental entity. The planned use of
4
Agenda Item No. 10P
October 23, 2007
Page 6 of 27
surplus funds shall be reflected in Attachment II, Part I of this contract, with special capital
projects explained in Attachment V.
f. There shall be no transfer of funds between the three levels of services without a
contract amendment unless the CHD director/administrator determines that an emergency
exists wherein a time delay would endanger the public's health and the Deputy State
Health Officer has approved the transfer. The Deputy State Health Officer shall forward
written evidence of this approval to the CHD within 30 days after an emergency transfer.
g, The CHD may execute subcontracts for services necessary to enable the CHD to
carry out the programs specified in this Agreement. Any such subcontract shall include all
aforementioned audit and record keeping requirements.
h. At the request of either party, an audit may be conducted by an independent CPA
on the financial records of the CHD and the results made available to the parties within
180 days after the close of the CHD fiscal year, This audit will follow requirements
contained in OMS Circular A-133 and may be in conjunction with audits performed by
county government. If audit exceptions are found, then the director/administrator of the
CHD will prepare a corrective action plan and a copy of that plan and monthly status
reports will be furnished to the contract managers for the parties.
i. The CHD shall not use or disclose any information concerning a recipient of
services except as allowed by federal or state law or policy.
j. The CHD shall retain all client records, financial records, supporting documents,
statistical records, and any other documents (including electronic storage media) pertinent
to this Agreement for a period of five (5) years after termination of this Agreement. If an
audit has been initiated and audit findings have not been resolved at the end of five (5)
years, the records shall be retained until resolution of the audit findings.
k. The CHD shall maintain confidentiality of all data, files, and records that are
confidential under the law or are otherwise exempted from disclosure as a public record
under Florida law. The CHD shall implement procedures to ensure the protection and
confidentiality of all such records and shall comply with sections 384.29, 381.004, 392.65
and 456,057, Florida Statutes, and all other state and federal laws regarding
confidentiality, All confidentiality procedures implemented by the CHD shall be consistent
with the Department of Health Information Security Policies, Protocols, and Procedures,
dated April 2005, as amended, the terms of which are incorporated herein by reference,
The CHD shall further adhere to any amendments to the State's security requirements and
shall comply with any applicable professional standards of practice with respect to client
confidentiality,
I. The CHD shall abide by all State policies and procedures, which by this reference
are incorporated herein as standards to be followed by the CHD, except as otherwise
permitted for some purchases using county procedures pursuant to paragraph 6.b. hereof.
m. The CHD shall establish a system through which applicants for services and current
clients may present grievances over denial, modification or termination of services. The
5
Agenda Item No. 10P
October 23, 2007
Page 7 of 27
CHD will advise applicants of the right to appeal a denial or exclusion from services, of
failure to take account of a client's choice of service, and of his/her right to a fair hearing to
the final governing authority of the agency. Specific references to existing laws, rules or
program manuals are included in Attachment I of this Agreement.
n. The CHD shall comply with the provisions contained in the Civil Rights Certificate,
hereby incorporated into this contract as Attachment Ill.
o. The CHD shall submit quarterly reports to the county that shall include at least the
following:
i. The DE385L 1 Contract Management Variance Report and the DE580L 1
Analysis of Fund Equities Report;
ii. A written explanation to the county of service variances reflected in the
DE385L 1 report if the variance exceeds or falls below 25 percent of the planned
expenditure amount. However, if the amount of the service specific variance
between actual and planned expenditures does not exceed three percent of the
total planned expenditures for the level of service in which the type of service is
included, a variance explanation is not required. A copy of the written
explanation shall be sent to the Department of Health, Bureau of Budget
Management.
6
Agenda Item NO.1 OP
October 23, 2007
Page 8 of 27
p. The dates for the submission of quarterly reports to the county shall be as follows
unless the generation and distribution of reports is delayed due to circumstances beyond
the CHD's control:
i. March 1, 2008 for the report period October 1, 2007 through
December 31, 2007;
ii. June 1, 2008 for the report period October 1, 2007 through
March 31, 2008;
iii. September 1, 2008 for the report period October 1, 2007
through June 30, 2008; and
iv. December 1, 2008 for the report period October 1, 2007
through September 30, 2008.
7, FACILITIES AND EQUIPMENT. The parties mutually agree that:
a. CHD facilities shall be provided as specified in Attachment IV to this contract and
the county shall own the facilities used by the CHD unless otherwise provided in
Attachment IV.
b. The county shall assure adequate fire and casualty insurance coverage for County-
owned CHD offices and buildings and for all furnishings and equipment in CHD offices
through either a self-insurance program or insurance purchased by the County.
c. All vehicles will be transferred to the ownership of the County and registered as
county vehicles. The county shall assure insurance coverage for these vehicles is
available through either a self-insurance program or insurance purchased by the County.
All vehicles will be used solely for CHD operations. Vehicles purchased through the
County Health Department Trust Fund shall be sold at fair market value when they are no
longer needed by the CHD and the proceeds returned to the County Health Department
Trust Fund.
8, TERMINATION.
a. Termination at Will. This Agreement may be terminated by either party without
cause upon no less than one-hundred eighty (180) calendar days notice in writing to the
other party unless a lesser time is mutually agreed upon in writing by both parties, Said
notice shall be delivered by certified mail, return receipt requested, or in person to the
other party's contract manager with proof of delivery.
b. Termination Because of Lack of Funds. In the event funds to finance this
Agreement become unavailable, either party may terminate this Agreement upon no less
than twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return
receipt requested, or in person to the other party's contract manager with proof of delivery.
c. Termination for Breach, This Agreement may be terminated by one party, upon no
less than thirty (30) days notice, because of the other party's failure to perform an
7
Agenda Item No. 10P
October 23, 2007
Page 9 of 27
obligation hereunder. Said notice shall be delivered by certified mail, return receipt
requested, or in person to the other party's contract manager with proof of delivery.
Waiver of breach of any provisions of this Agreement shall not be deemed to be a waiver
of any other breach and shall not be construed to be a modification of the terms of this
Agreement.
9. MiSCELLANEOUS. The parties further agree:
a. Availabilitv of Funds. If this Agreement, any renewal hereof, or any term,
performance or payment hereunder, extends beyond the fiscal year beginning July 1,
2008, it is agreed that the performance and payment under this Agreement are contingent
upon an annual appropriation by the Legislature, in accordance with section 287.0582,
Florida Statutes,
b. Contract ManaQers. The name and address of the contract managers for the
parties under this Agreement are as follows:
For the State:
For the County:
Joan M. Colfer. M.D.. M.P.H.
Name
Marla Olsviq Ramsev
Name
Director. Collier Countv Health Dept.
Title
Public Services Administrator
Title
3301 E. Tamiami Trail. Bldo. H
3301 E. Tamiami Trail. Bldq. H
Naples, Florida 34112
Address
Naples. Florida 34112
Address
(239) 774-8201
Telephone
(239\ 774-8383
Telephone
If different contract managers are designated after execution of this Agreement, the name,
address and telephone number of the new representative shall be furnished in writing to
the other parties and attached to originals of this Agreement.
c. Captions. The captions and headings contained in this Agreement are for
the convenience of the parties only and do not in any way modify, amplify, or give
additional notice of the provisions hereof.
8
Agenda Item No. 10P
October 23, 2007
Page 10 of 27
In WITNESS THEREOF, the parties hereto have caused this 25 page agreement to be
executed by their undersigned officials as duly authorized effective the 1Sfday of October. 2007,
BOARD OF COUNTY COMMISSIONERS
FOR COLLIER COUNTY
SIGNED BY:
NAME:
TITLE:
DATE:
ATTESTED TO:
SIGNED BY:
NAME:
TITLE:
DATE:
STATE OF FLORIDA
DEPARTMENT OF HEALTH
SIGNED BY:
NAME: Ana M. Viamente Res. M.D.. M.P.H.
TITLE: State SurQeon General
DATE:
SIGNED BY:
NAME: Joan M. Colfer. M.D.. M.P.H.
TITLE: CHD DirectorlAdministrator
DATE:
9
Agenda Item No. 10P
October 23,2007
Page 11 of 27
ATTACHMENT!
COLLIER COUNTY HEALTH DEPARTMENT
PROGRAM SPECIFIC REPORTING REQUIREMENTS AND PROGRAMS REQUIRING
COMPLIANCE WITH THE PROVISIONS OF SPECIFIC MANUALS
Some health services must comply with specific program and reporting requirements in addition to the Personal Health
Coding Pamphlet (OHP 50-20), Environmental Health Coding Pamphlet (OHP 50-21) and FLAIR requirements
because of federal or state law, regulation or rule. If a county health department is funded to provide one of these
services, it must comply with the special reporting requirements for that service. The services and the reporting
requirements are listed below:
Service
Requirement
1.
Sexually Transmitted Disease
Program
Requirements as specified in FAC 640-3, F,S, 381 and
F.S. 384 and the CHD Guidebook.
2.
DenIal Health
Monthly reporting on DH Form 1008',
3,
Special Supplemental Nutrition
Program for Women, Infants
and Children,
Service documentation and monthly financial reports as
specified in DHM 150-24' and all federal, state and county
requirements detailed in program manuals and published
procedures.
4,
Healthy StarV
Improved Pregnancy Outcome
Requirements as specified in the Healthy Start Standards
and Guidelines 1998 and as specified by the Health Start
Coalitions in contract with each county health department.
5,
Family Planning
Periodic financial and programmatic reports as specified
by the program office and in the CHD Guidebook, Intemal
Operating Policy FAMPLAN 14'
6.
immunization
Periodic reports as specified by the department regarding
the surveillance/investigation of reportable vaccine
preventable diseases, vaccine usage accountability. the
assessment of various immunization levels and forms
reporting adverse events following immunization and
Immunization Module quarterly quality audits and duplicate
data reports,
7,
Chronic Disease Program
Requirements as specified in the Community Intervention
Program (CIP) and the CHD Guidebook,
8.
Environmental Health
Requirements as specified in DHP 50-4' and 50-21'
9.
HIV/AIDS Program
Requirements as specified in Florida Statue 384.25 and
64D-3,016 and 3.017 FAC. and the CHD Guidebook. Case
reporting on CDC Forms 50.428 (Adult! Adolescent) and
50.42A (Pediatric). Socio-demographic data on persons
tested for HIV in CHD clinics should be reported on Lab
Request Form 1628 or Post-Test Counseling Fonn 1633,
These reports are to be sent to the Headquarters HIV/AIDS
office within 5 days of the initial post-test counseling
10
Agenda Item No. 10P
October 23, 2007
Page 12 of 27
ATTACHMENT I (Continued)
appointment or within 90 days of the missed post-lest
counseling appointment.
10.
School Health Services
HRSM 150-25", including the requirement for an annual plan
as a condition for funding,
"or the subsequent replacement if adopted during the contract period.
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Agenda Item No. 10P
ATTACHMENT II. October 23, 2007
Page 14 of 27
COLLIER COUNTY HEALTH DEPARTMENT
Part n, Sources of Contribution. to County Health Department
October I, 2007 to September 30, 2008
Slide COO County Total eHU
Trust Fund CHD Trust Fyoo Othrr
(cash) Trust fund (l:8sh) Ci~qtribution Total
1. GENERAL REVENUE - STATE
U1 5040 ALG/CESSPooL lDENTlFICA TION AND ELIMINATION 0 0 0 0 0
015040 ALG/CONTR TO OIDS-AIDS PATIENT CARE 100,000 0 100.000 0 100.000
015040 ALG/CONTR TO CHDS-AIDS PREV 8< SUR V 8< FlELD STAFF 100,075 0 100.075 0 ]00.075
015040 ALG/CONTR TO CHDS-DENT AL PROGRAM K5,028 0 85,028 0 85,028
OI504{) ALG/CONTR TO CHDS-MIGRANT LABOR CAMP SANITATION 78,9g0 0 78,980 0 78,980
U15040 ALG/CONTR. TO CHDS-IMMl]';IZATION OUTREACH TEAMS 27.662 0 27,662 0 27,662
015040 ALG/CONTR. TO CHDS-INDOOR AIR ASSIST PROG I) 0 0 0 0
015040 ALG/CONTR. TO CHDS-MCH HEALTH. FIELD STAFF COST 0 0 0 0 0
015040 ALG/CONTR. TO CHDS~SOVEREIGN IMMUNITY 0 0 0 0 0
015040 ALG/CONTRIBUTION TO CHDs'.PRIMARY CARE 27,361 0 27,361 0 27,]61
015040 ALG/FAM1LY PLANNING 4b,602 I) 48,602 0 48,602
0150-10 ALG/\PO - OUTREACH SOCIAL WORKERS CAT. 050107 0 0 0 0 0
015040 ALG/1PO HEALTHY ST ART/IPO CAT 050707 IJ 0 0 0 0
(j15040 ALG/IPO.lNF ANT MORT AL\TY PROJEcr CAT. 0507Q7 0 0 0 0 0
015040 ALG/MCH-INFANT MORT AUTY PROJECT CAr. 05a870 0 0 0 0 0
015040 ALGIMCH-OUTREACH SOCIAL WORKERS CAT 050::;7U 0 " IJ I) "
O1504ll ALG/PR1MARY CARE 354,068 0 354.068 0 354,068
015040 AlG/SCIJOOL IlEAL TlLlSUrPLEMENTAL 0 0 0 [1 0
015040 CA TE - ESCAMBIA () I) 0 0 0
\0 CLOSING THE GAP PROGRAM 120,382 0 120,382 0 120,382
c 040 COMMUNITY TB PROGRAM 78,067 0 78,067 0 78.067
015040 DENTAL SPECIAL INITIATIVE PROJECTS 0 0 0 0 0
O1504() DUVAL TEEN PREGl\ANCY PREVESTION 0 0 0 0 0
015040 ENHANCED DENTAL SERVICES 0 0 0 0 0
1JI5040 FL CLPPP SCREENING 8< CASE MANAGEMENT 0 0 0 0 0
015(}40 FL HEPATITIS 8< LIVER FAILURE PREVENTION/CONTROL 0 0 0 0 0
015040 HEALTH PROMOTION 8<amp; EDUCATION INITIA T]VES 58.823 II 58.823 0 58.823
0]5040 HEAL THY HEACHES MOKITORING 23,632 0 23,632 0 23,632
015040 INDIGENT DENTAL CARE. ESCAMBIA 0 0 0 0 0
015040 LA L1GA CONTRA EL CANCER 0 0 0 0 0
015040 MED[V AN PROJECT - BROW ARD 0 0 0 0 0
015040 METRO ORLANDO URBAN LEAGUE TEENAGE PREG PREV 0 0 0 0 0
015040 PENAL VER CLINIC - MIAMI-DADE 0 0 0 0 0
0]5040 PRIMARY CARE SPECIAL DENTAL PROJECTS 0 0 0 0 0
015040 PRIMARY CARE SPECIAL PROJECTS 0 0 0 0 0
015040 SPECIAL NEEDS SHELTER PROGRAM 0 0 0 0 0
015040 STA TEWlDE DENTISTRY NETWORK - ESCAMBIA 0 0 0 0 0
0'5040 S10 GENERAL REVENUE 0 0 0 0 0
0]5040 VOLUNTEER SCHOOL HEAL T11 NURSE GRANT 56,WO 0 56,000 0 56,000
0]5050 ALGfCONTR TO CHDS 2,938.412 0 2,938,412 0 2.938,412
GENERAL REVENUE TOTAL 4,097.092 0 4.097.092 0 4,097,092
2. NON GENERAL REVENUE. STATE
'0 ALGfCONTR TO CHOS-REBAS]NG TOBACCO TF 33,298 0 33,298 0 33.29&
,10 BASIC SCHOOL HEALTH - TOBACCO TF 136.680 0 136.680 0 136,680
015010 CHD PROGRAM SUPPORT 0 0 0 0 0
015010 FL HEPATITIS & UVER FAILURE PREVENTION/CONTROL 186.012 0 IB6,012 0 ]B6.012
015010 FULL SERVICE SCHOOLS - TOBACCO TF 114,545 0 1 ]4,545 0 114,545
Agenda Item No. 10P
ATTACHMENT II. October 23, 2007
Page 15 of 27
COLLIER COUNTY HEALTH DEPARTMENT
Part n. Sources of Contributions to County Health Department
October 1~ 2007 to September 30, 2008
State CHD County Total CUP
Trust Fund CHD Trust Fund Other
(cash) Trust FUDd (cosh) ConuiblltioD Tot.1
2. NON GENERAL REVENUE - STATE
015010 ONSITE SEW AGE RESEARCH PROGRAM 0 0 0 0 0
015010 I>ACE EH 0 0 0 0 0
015010 PUBLIC SWIMMING POOL PROGRAM 0 0 0 0 0
015010 SUPPLEMENTAL/COMPREHENSIVE SCHOOL HEALTH - TOO TF 0 Il 0 0 0
015010 TOBACCO PREVENTION & CESSA nON PROGRAM 77.135 0 77,135 0 77.135
015010 VARICELLA IMML'NIZA TION REQUIREMENT TOBACCO TF 14,806 0 14,806 0 14,806
015018 Summer Food Pmgram Il 0 0 0 0
OJ5020 ALG/CONTR. TOCHDS-B10MEDlCAL WASTE/DEP ADM IF 11,085 0 11,085 0 11,085
015020 ALG/CONTR. TO elmS-SAFE DRINKING WATER I'RG/J)EP ADM (I 0 0 0 0
015020 FOOD AND WATERBORNE DISEASE PROGRAM ADM Tr/DACS (I (I 0 0 0
015010 TITLEXXI/SCHOO1. HEALTH/SUPPLEMENTAl, 0 (I 0 0 0
NON GENERAL REVF:NUIi: TOTAL 573.561 0 573,561 0 573,561
3. FEDERAL FlJNDS - Slate
007000 AIDS PREVE?\JTION 209,649 0 209,649 (I 2fJ9,fi49
0<11000 AlDS SEROPREV ALENCE (I () 0 0 0
U07000 AIDS SUI{ VEILLANCE 0 0 0 0 0
001000 BIOTERR SUR VEILLANCE & EPIDEMIOLOGY ] 16,g26 0 1 16,H26 0 J 16,826
(\(1"'1<)00 8IOTERRORISM PLANNING & READfNESS 74.263 0 74.263 0 74,263
)0 cue SCHOOL AGE BMI SURVEILLANCE GRANT 90,000 0 90,000 0 90.000
001000 COASTAL BEACH MONITOR1NG PROGRAM 21,015 0 21,015 0 21,015
001000 CDMPREHENSIVE CARDIOV ASC1!LAR PROGRAM 0 0 0 0 0
007000 DIABETES CONTROL PROGRAM 0 0 0 0 0
007000 FGTFIAIDS MORBIDITY 0 0 0 0 0
007000 TITLE X MALE PROJECT 92,810 0 92.810 0 92,810
007000 FGTr:/FAMIL Y PLANNI1\:G TrTLE x SPECIAl. 1~ITlA TIVES 53,725 0 53,725 0 53,725
001000 FGTFfFAMILY PI.ANNl1\'G~TITLE X 81.531 0 81,531 0 81.531
007000 FGTFflMMUNIZA TlON ACTIO\\' PLAN 40.206 0 40,206 0 40,206
001000 FGTF/WIC ADMINJSTRA TION 1,439,J!4 0 1,439.384 0 1.439.384
007000 FLORIDA PANDEMIC INFLUENZA 24,550 0 24,550 0 24,550
007000 HEAL 111 PROGRAM FOR REfUGEES 69,739 0 69,139 0 69,739
007000 IMMUNIZATION FIELD STAFF EXPE~SE 0 0 0 0 0
007000 IMM1!NIZA TIO\\' SPECIAL PROJECT J:!.368 0 12,36R 0 12,36H
007000 IMM1!NIZATION SUPPLEMENTAL 40,408 0 40,408 0 40,408
007000 IMMUNIZATION WIC*LlNKAGES 0 0 0 Il 0
007000 IMMUNIZATiON.W]C LINKAGES 0 0 0 0 0
007000 MCH BGTF*GADSDEN SCHOOL CLINIC 0 0 0 0 0
007000 MCH BGTF-HEAL THY START IPO 0 0 0 0 0
007000 MCH BGTF.INFANT MORTALITY PROJECT 0 0 0 0 0
001000 MCH BGTF.MCH/CHILD HEALTH ][.251 0 11,251 0 11,251
007000 MCH BGTF-MCWDENT AL PROJECTS 0 0 0 0 0
007000 MCH BGTF-OUTREACH SOCIAL WORKERS 0 0 0 0 0
007000 PHHSBG/STEP UP FLORIDA! HEAL THY COMMUNITIES 0 0 0 0 0
')0 PHP-C1TIES RESPONSE INITIATIVE 0 0 0 0 0
c 000 PHP-CrTlES RESPONSE INITIATIVE 2006-2007 0 0 0 0 0
007000 RAPE PREVENTION & EDUCATION GRANT 2007 0 0 0 0 0
007000 RAPE PREVENTIO\\, & EDUCATION GRANT 2008 0 0 0 0 0
0070(iO RISK COMMUNICATIONS 0 0 0 0 0
Agenda Item No. 10P
ATTACHMENT II. October 23, 2007
Page 16 of 27
COLLIER COUNTY HEALTH DEPARTMENT
Part ll. Sources of Contribntions to Connty Healtb Department
October 1,2007 to September 30, 2008
Stllte CHD Couaty Total CHD
Trust Fund ClID TrWlt Fund Other
(casb) TrUfl Fund (cash) Contribution Total
3. FEDERAL FIINDS - State
OQ7000 RYAN WHITE 0 0 D 0 0
OQ7OQO RYAN WHITE - EMERGING COMMUNITIES 0 0 0 0 0
007000 RYAN wHITE-AIDS ORUG ASSIST PROG-ADMIN 77,951 0 77.951 0 77,951
007000 RY A;; WHITE-CONSORTIA 0 0 0 0 0
007(}OO SCHOOL HEALTH BASIC. MCH HI.OCK GRANT 13,376 0 13,37(j 0 13,376
007000 STD FEDI:?RAL GRANT - CSPS 0 0 0 0 0
007000 S'J'[) PROGRAM - PHySICIAN TRAINING CENTER 0 0 0 0 0
007000 SoTD PROGRAM INFERTILITY PRF.VENTION PROJECT OPP) 2,812 0 2.812 0 2,81:2
007000 sm PROGRAM-INFERTILITY PREVENTION PROJECT (11'1'1 2.812 0 2,812 0 2,812
007000 STEP UP FLORIDA! HEALTHY COMMUMTIES 0 0 0 0 0
007000 SYPHlLIS Fl.lMINATI(j'J 0 0 0 0 0
007(){I(l TESTING 1-HV SERONEGATIVE HEADQUARTERS 0 f) 0 0 0
007000 TUBERCULOSIS CONTROL - FEDERi\L GRANT 117,40(; 0 117,408 0 117,408
007000 WIC BREASTFEEDI"G PEER COU;;SEI .JNG 2007 29,664 I) 29,664 0 29.664
007000 WIC BREASTFEEDlNG PEER COUNSELlNG PROG FFY 2005 14,939 f) 14.939 f) 14,939
OU7000 WIC ]NFRASTRUCTURE 2006 0 () I) 0 0
015009 MEDiPASS WAIVER.HLTHY STRT C[.]EN"r SERVICES 0 0 0 0 0
015009 MEDIPASS WAJVER-SOBRA () 0 0 0 0
015009 SCHOOL HEAL TH.SUPPLEMENT.TANF 0 0 0 0 f)
75 Refugee Screening 200,000 f) 7.00,000 0 200.000
FEDERAL ~TNDS TOTAL 2,836.687 0 2,836,687 0 2.836.687
4. FEES ASSESSED BY STATE OR FEOERAL RULES- STATE
001020 TANNING FACILITIES 7,000 0 7,000 0 7.000
00]020 BODY PIERCING 4:50 0 450 0 450
001020 MIGRANT HOUSING PERMIT 24,000 0 24,000 0 24,000
001020 MOBILE HOME AND PARKS 20,000 0 20,000 0 20,000
001020 FOOD IIYG1ENE PERMIT 25,000 0 25,000 0 25,000
00]020 BIOHAZARD WASTE PERMlT 25,000 0 25,000 0 25,000
00 I 020 SWiMMING POOLS 265,000 0 265.000 0 265.000
001020 PRIVATE WATERCONSTR PERMIT 0 0 0 0 0
001020 PUBLIC WATER ANNUAL OPER PERMIT 7,500 0 7,500 0 7.500
001020 PUBLlC WATER CONSTR PERMIT 0 0 f) 0 0
00]020 NON-SDWA SYSTEM PERMlT 0 0 0 0 0
00]020 SAFE DRINKING WATER 0 0 0 0 0
00 I 092 NO!'>l" SDWA LAR SAMPLE 0 0 0 0 0
00 I 092 OSDS VARIANCE FEE 0 f) 0 0 0
001092 E;-.rVIRONMENTAL HEALTH FEES 257,000 0 257,000 f) 257,000
OO]{J92 OSDS REPAIR PERMll' 0 0 0 0 0
001092 OSDS PERMIT FEE f) 0 0 0 0
OOlon 1& M ZONED OPERATING PERMlT 0 0 0 0 0
oOlon AEROB1C OPERATING PERMlT 0 0 0 0 f)
UO]092 SEPTIC TANK SITE EVALUATION 0 0 0 0 0
'70 LAB FEE CHEMICAL ANALYSIS n 0 0 0 0
.70 NON POT ABLE WATER ANALYSIS 0 0 0 0 0
001\70 WATER ANAL YSIS-POT ABLE 0 0 0 0 0
01030' MQA INSPECTION FEE 14,000 0 14,000 0 14.000
ATTACHMENT II.
Agenda Item NO.1 OP
October 23, 2007
Page 17 of 27
COLLIER COUNTY HEALTH DEPARTMENT
Part II. Sourccs of Coutribution. to County Health Department
October 1,2007 to September 30. 2008
StatcCHD County Total CUD
Trust Fund CHD T..-ustFI,uld Other
(casb) Trost Fund (cash) Contribution
644.950 G 644,950 G
Total
FEES ASSESSED BY STATE OR FEDERAL RrLES TOTAL
5. OTHER CASH CONTRIBUTIONS - STATE
OTHER CASH CONTRIBUTIONS TOTAL
0[0304
090001
644.950
STATIONARY POLLUTANT STORAGE TANKS
ORA W DO~ FROM PUBLIC HEALTH liNlT
0 0 0
300,000 G 300,000
300,000 0 300,000
197,952 282,048 480,000
14,434 20.566 35,000
10.000 10,000 ~O.OOO
]{),OOO 20,000 40,000
4,124 S,R76 10,UOO
0 0 0
350,540 499,460 850,000
0 0 0
1.031 ],469 2,500
24.744 35,256 GO,UOO
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
425 425 85G
623,250 875.100 1,498,350
o
300.000
300,000
o
o
o
6. MEDICAID - STATE/COUNTY
MEDlCAlIJ TOTAL
(}OI056
001076
001078
QOI{J79
UOI080
001081
00 I 082
00108]
001087
OCtl089
001147
001191
12
OVI193
001 ]94
QOl20S
MEDIC^JD PHARMACY
J\,1FDICAID TB
MEDICAID ADMlNISTRATlON OF VACCINE
MEDICAlD CASE MANAGEMEN'['
MEDlCAID OTI iER
MEDICAID CH1LD HEALTH CHECK UP
MEDICAID DENTAL
MEDICAID FAMILY PLANNING
MEDICAID SlD
MEDICAID AlDS
MEDICAIU HMO RATE
MEDICAID MATERNITY
MEDICAID COMPREHENSIVE CHilD
MEDICAID COMPREHENSIVE ADULT
MEDICAID LABORATORY
MEDlPASS $3.00 AD"!. FEE
0 480.000
(I 15,000
0 20,UOO
0 40,000
0 10,000
0 0
0 850,000
(J (I
0 2.500
0 6U.ltOO
(J (I
0 0
0 0
0 0
0 (>
0 850
0 1,498)50
7. ALLOCABLE REVENUE - STATE
OIE(H:!O
037000
038000
REFUNDS
PRIOR YEAR WARRANT
12 MONTH OLD WARRANT
0 U 0 0 0
0 0 0 (I 0
0 0 0 0 0
0 0 (I (I 0
(I 0 0 ]R3,226 ]83,226
0 0 0 343,101 343,WI
0 0 0 0 0
0 (I 0 743.497 743,497
0 0 0 0 0
0 0 0 0 0
0 0 0 6,951,736 6.95],736
0 0 0 l.232,522 l,232,522
0 0 (I 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 9,454.082 9.454,082
(I 0 0 0 0
ALLOCARLE REVENl'E TOTAL
8. OTHER STATE CONTRIBUTIONS NOT IN CHn TRUST FrND - STATE
PHARMACY SERVICES
LABORATORY SERVICES
TB SERViCES
IMMUNIZA1l0:; SERVICES
STD SERVICES
CONSTRUCTIONlRENOV A TION
WIC FOOD
ADAP
DENTAL SERVICES
OTHER (SPECIFY)
OTHER (SPF.CIFY)
o . ..ER STATE CONTRIBUTIO:;S TOTAL
9. ()IRECT COUNTY CONTRlHlITIONS - COUNTY
008030
Bee Contributinn from Health Care Tax
Agenda Item No. 10P
Working Copy ATTACHMENT n. October 23, 2007
Page 18 of 27
COLLffiR COUNTY HEALTH DEPARTMENT
Part n. Source. of Contribution. to County Health Department
October 1,2007 to September 30, 2008
State CHD ConDty Total CHI)
Tru:llt FQnd cun Trust Fund Other
(asb) Trust Fund (cash) Contribution Total
? DIRECT COU~TY CONTRIBUTIONS - COUNTY
00B034 Bee Contributic)fl from Genernl Fund 0 1,481.000 1,4B'.000 0 1,481.000
DIRECT COUNTY CONTRIBUTION TOTAL 0 1,481,000 1,481,000 0 1,481.000
10. FEES AUTHORIZED BY COUNTY ORDINANCE OR RESOLUTION - COUNTY
00 I 060 VITAL STA T1STlCS FEES OTHER 0 2,000 2,000 0 2.000
001077 RABIES V ACCl"E 0 0 0 0 0
0(11(177 CHILD CAR SEAl PROG 0 1.800 I.BOO 0 1,800
OGI077 PERSONAL HEALTH FEES 0 213,215 213,215 0 213,215
001077 AIDS CO-PA YS 0 0 0 0 0
001094 LOCAL ORDINANCE FEES 0 790,000 790,000 0 790.{lOO
OOlO94 ADULT ENTER. l'ERMIT FEES 0 0 0 0 0
001114 NFW HIRTH CERTIFlCATES 0 7(l,OHO 76,000 0 76.000
Oo-lllS DEATH CERTIFICATES 0 2OfWOO 208,000 0 208,000
001117 V1T AL ST A TS-ADM. FEE 50 CENTS 0 4.000 4,000 0 4,000
FEES AUTHORIZED BY COUNTY TOTAL 0 ],195,015 1,295,015 0 1,295,015
11. OTHER CASH AJ\'D LOCAL CONTRIBUTIONS - COll~TY
001009 RETURNED CHECK ITEM 0 0 0 0 0
001029 THIRD PARTY REIMBURSEMENT 0 40(J,754 400,754 0 400,754
001029 \lEAL TH MAINTENANCE ORGAN. (HMO) 0 0 0 0 0
001054 MEDICARE PART 0 0 400,000 400,000 0 400.000
001077 RYAN WHITE TITLE II 0 0 0 0 0
001090 MED'CARE PART B 0 176.000 176,000 0 176,000
001190 Heallh Maintenam;e Organization 0 0 0 0 0
005040 INTEREST EARNED 0 15.000 15,000 0 15,000
005041 INTEREST EARNED-STATE INVESTMENT ACCO~'NT 0 0 0 0 0
0070 I 0 1:.$. GRANTS DrRECT 0 0 0 0 0
008010 Contribution from City Government 0 0 0 0 0
008020 Contribution from Health Care Tax n{lt thru BCe 0 0 0 0 0
008050 School Board Contribution 0 0 0 0 0
010300 SALE OF GOODS AND SERVICES TO STATE AGENC'ES 0 0 0 0 0
010301 EXP W1TNESS FEE CONSUL TNT CllARGES 0 0 0 0 0
010405 SALE OF PHARMACEUTIC^~S 0 89,000 89,000 0 89.000
0'0409 SA~E OF GOODS OUTSJDE STATE GOVERNMENT 0 0 0 0 0
011000 COUNTY COMMISION. UP FUND 0 225,280 225.280 0 225.280
011000 GRANT,DlRECT 0 43,850 43,850 0 43,850
011000 GRANT-DIRECT 0 59,840 59.840 0 59,840
011000 GRANT.DlRECT 0 65,450 65,450 0 65,450
o 1\000 GRANT-DIRECT 0 81.082 81,082 0 81,082
011000 GRANT-DlRECT 0 21,460 21.460 0 21.460
011000 GRANT -DIRECT 0 0 0 0 0
011000 GRANT,DIRECT 0 0 0 0 0
011001 HEALTH Y START COALITION CON1RlBUTlONS 0 )55.993 355,993 0 355,993
011007 CASH DONATlONS PRIVATE 0 0 0 0 0
012020 FINES AND FORFEITURES 0 '0,000 10.000 0 10,000
012021 RETURN CHECK CHARGE 0 0 0 0 0
028020 INSURANCE RECOVERIES-OTHER 0 0 0 0 0
ATTACHMENT II.
Agenda Item NO.1 OP
October 23, 2007
Page 19 of 27
COLLIER COUNTY HEALTH DEPARTMENT
Part II. Sources of Contributions to County Healtb Department
October 1, 2007 to September 30, 2008
State CHD
Trust Fund
(<ash)
COUDty
cnD
Tru.'llt Fund
Total CHD
Trust fond Other
(cash) Contribution
Total
11, OTHER CASH AND LOCAL CONTRIBUTIONS - COUNTY
090002
00R060
DRAW DOWN FROM PUBLIC HEALTH UNIT
Special Project Contribution
o
o
.300,000
o
-300.000
o
o
o
-300.000
o
OTHER CASH AND LOCAl. CONTRIBUTIONS TOTAl.
12. ALLOCABLE REVENUE - COUNTY
o
1,643,709
1.643,709
o
1.643,709
018000
037000
03ROOO
REFUNDS
PRIOR YEAR WARRANT
12 MONTH OLD WARRANT
o
o
o
COUNTY ALLOCABLE REVENUE TOTAL
o
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 U 526,648 526,648
0 0 70,455 70,455
0 0 0 0
IJ 0 0 0
0 (} 0 IJ
0 () 289,300 289,300
0 0 0 0
0 0 &&6,403 &86.4<)3
t3. BIJILDlNGS - COUNTY
ANNUAL RENTAL EQUIVALE\TT VALUE
HUILDTNG MAINTeNANCE
lNSURANCE
UTILITIES
GROUNDS MAINTENANCE
FACILITY OPERATING EXPENSE
OTHER (SPECIFY)
mNGS TOTAL
o
o
o
()
o
o
o
I
o
14. OTHER COUNTY CONTRlBlTIONS NOT IN CIID TRUST .'UND - COUNTY
EQUIPMENT/VEHICLE PURCHASES 0 0 0 20,000 20,000
VEHICLE INSURANCE 0 0 0 19,200 19,200
VEHICLE MAINTENANCE 0 0 0 0 0
OTHER COUNTY CONTRIBCTION (SPECifY> 0 0 0 0 0
OTHER COUNTY CONTRTBU'nO:--J lSPECIFY) 0 0 0 0 0
OTHER COUNTY CONTRlBUTIOI'S TOTAL 0 0 0 39,200 39,200
(;RAND TOTAL CHD PROGRAM 9,G75,540 5,294,824 l4,370.364 10,379,685 24.750,l)49
ATTACHMENT n.
COLLIER COUNTY HEALTH DEPARTMEI\'T
Agenda Item No. 10P
October 23, 2007
Page 20 of 27
Part llL Planned Staffint, Clients, Services, And Expenditure! By Program Service Area Within Each Level or Service
October 1, 2007 to September 30, 2008
A. COMMUNICABLE DISEASE CONTROL:
VITAL STATISTICS (180)
IMMUNIZATION (101)
STD(llJ2)
A.I.D.S. (103)
TB CONTROL SERVICES (104)
COMM. DISEASE SURV (lD6)
HEPATITIS PREVENTION (109)
PUBLIC HEALTH PREP AND RESP (116)
<:(lMMUNICABLE DISEASE SUBTOTAL
8. PRIMARY CARE:
CHRONlC DISEASE SERVlCES ~)IO)
TOBACCO PREVENTION (2]2)
HOME HEALTH {215)
W.l.c. (221)
FAMIL Y PLANNING (223)
lMPROVED PREGNANCY OUrCOME (225)
. L THY START PRENA TAL (227)
~__,,\PREHENSIVE CHILD HEALTH (229)
HEALTHY START [NFANT (231)
SCHOOL HEALTH (234)
COMPREHENSIVE ADULT HEALTH (237)
DENTAL HEALTH 1240)
Healthy Start Interconception Woman (232)
J'RIMARY CARE SUBTOTAL
C. ENVIRONMENTALHEALTII:
Water and Onsite Sewage Programs
COASTAL BEACH MONITORING (347)
LIMITED USE PUBLIC WATER SYSTEMS (357)
PUBLIC WATER SYSTEM (358)
PRIVATE WATER SYSTEM (359}
INDIVIDUAL SEWAGE D1SP. (361)
Group Total
Filcility Programs
FOOD HYGIENE (348) 4.53
BODY ART (349) 0.01
GROUP CARE F AC!LlTY (351) 0,97
M1GRANT LABOR CAMP (352) 5.90
HOUSING,PUBLlC BLOG SAFETY, SAN IT ATION (3:a.lJO
HLE HOME AND PARKS SERVICES. (354) 0.42
~ 't~ IMMING POOLS/BATHTNG (360) 6.30
BIOMEDICAL WASTE SERVICES (364) 0.52
FTE'~ Clients
(0.00) traits Services
73.69
33.60
17.9)
3.13
4.18
6.84
8.44
11.41
0.00
2.60
15.46
9.46
1853
11.31
6.0)
3.97
6..'15
o
15.328
950
1,534
\,294
o
1,416
Il
20,522
lj312
45.365
6,431
6.973
9,719
3,162
4,532
1.312
78.806
1,517
o
J 14.51S
:U72
252
9,072
30,724
6.367
10,398
16R.682
7,444
19,531
o
Quarterly EXpellldilu~ ."blll
1st 2ad 3...d 4th
(Whole dollan on!)')
31.897
265.074
107.329
504,522
174,641
109,660
66.412
139.706
lJ99.241
312
28,25R
19,559
36.276
210,194
164,735
404,583
177,900
40,209
250.895
J55,922
644.027
188,744
119,597 112.931
68,091 68,095
145,799 J46,295
[.327,175 1,607,118
o
58,863
26,012
o
464,514
65,34H
198,452
248,285
56,749
65,797
99,505
184,603
232,365
o
59,713
44,336
o
S05,O:W
38,1(10
205,496
227,35]
40.719
62.587
139.920
194.637
271,068
o
30,796 35,769
234.370 394.395
124,857 321,985
569,518 1,156,655
143.00l 4R6,900
]06,365 265,~12
56,419 ~54,769
1] 4,564 422,605
],379,:;';90 3,B~,H90
62,510
81.259
o
]52,537
109.1&6
o
426,432 1,808,794
35,384 158,630
203,620 97,456
245,218 477,357
52,141 95.408
53,887 ]28,799
92,638 332,373
178,552 422,403
214,9UI 396,543
o 0
State
County
Grand
Total
]39,178
960.533
552,845
2,122,65Q
684.286
44g,5S3
259.017
546,364
5,71\424
209,-144
171,186
o
1,808.794
HO,950
739,986
938,On:
197,165
219.372
463.314
699.574
954,145
Q
97.41 27,879 370,937 1,462,7R6 1,700,513 1,789,007 1,646,5424,179,486 2,419,362 6,598,848
0.03
10.38
11.81
251
2.698
o
()
17,011
],160
106
1.916
\J2
0.00
lJ7
6.58
488
o
1,480
2,76~
o
0.23
1.17
558
o
o
3,053
4,593
0.00
6
331
433
o
78
1,828
323
982
988
[,944
fJ
8
12,149
15.089
2(12
1,529
13
712
2,821
o
18,714
421
412,828
'19,Q:'i8
132,418
217.164
47,556
47,101
13t,251
141,782
235.811
o
5,593
24.512
o
1,630
182,623
214.358
263
74,116
344
8,963
71,686
o
3,71Q
84,623
5.599
4.270 6.956
17,215 2],062
o 0
777 728
206,743 209.619
229,005 238,365
68.710
3(19
]2,330
72,106
o
7,872
101.926
4.370
76,832
281
14,271
76,863
o
6,390
113,684
13,707
9.445
16,676
o
87
159,806
186,014
26,256
53,329
o
3.004
563,925
646,514
69.&74 288.461
4 994
lR,9B]
70,453
o
4.603
\IJ.278
6,555
6,578
81.102
o
22,537
151.848
23,450
103,409
566.138
230,858
965,995
197,386
J82,741
4,248
]23,759
2,374,534
56,807
62,000
o
o
29.320
641,530
460,661
101.757
100,573
130.941
277,171
557,602
o
8
26,136
o
194.866
221,228
1.071
4
47,967
210.006
o
38
261,663
6.781
218
26,264
79,465
o
3.222
758.791
867,742
2'9,532
""8
54,545
291.108
o
22,575
413,511
30,231
Agenda Item NO.1 OP
A TT ACHMENT n. October 23, 2007
Page 21 of 27
COLLIER COUNTY HEALTH DEPARTMENT
Part IlL Planned Staffmgt Clients, Services, And Expenditures B)' Program Service Area Within Eacb Level Of Service
October I, 2007 to September 30, 2008
Quarterly EIpCladitRl"e Plu
FTE's Clients 1st 2nd 3rd 4.h Grand
(0.00) Units Services (Whole dollllrs IUlly) State COUllIty Total
C. ENVIRONMENTAL HEALTH:
Facility Programs
TANNING FACILITY SERV'CES (3691 0.1 ] 31 HI 1,550 2,680 1.123 170 5,462 61 5,523
Group Total 18.76 ),292 24,558 250,591 270,363 JG3.151 2&3,918 580,432 527,591 1,108,023
Groundwater Contamination
STORAGE TANK COMPLIANCE (355) 0,00 " 0 IJ II " " " 0 0
SUPER ACT SERVlCE (356) 0.14 \I 34 1.938 1,055 2,'i(.5 3.912 9,451 19 9,470
G roup Total 0.14 " 34 1.938 1,055 2,565 3,912 9,45] 19 9,470
Community Hygiene
RADIOl.oG1CAL HEALTH on) 0.00 Ii 0 0 0 " 0 G 0 0
TOXIC SUBSTANCES (373) O.OD 0 II 0 " 0 " 0 0 0
OCCUPATIONAL HEALTH (344) 0_34 G 31) 1,705 5A% 5.491 7,b6{J 20,352 0 20,152
COl'iSUMERPRODIJCT SAFETY (345) 0.00 0 (> " (> D {J (> D (]
INJURY PREVENTION (346) 0.00 Il 0 fJ (] 0 " 0 0 0
LEAD MONITORING SERVICES (350) 0.00 0 " 0 " 0 0 " 0 (]
PUBLIC SEWAGE(361) 0.00 IJ 0 0 0 0 0 0 0 (I
SOLID WASTE DISPOSAL (](3) 0.00 {J (l II " 0 0 " 0 0
SANITAR Y NUISANCE (365) 0.01 " 5 ~9 2 165 158 413 414
.
'iES SURVEILLANCE/CONTROL SERVICES (366!.LOO 0 0 0 0 0 0 0 0 0
,......OVIRUS SUR VEILLANCE (367) 0.85 0 620 10,557 11,411 16,311 13.810 0 52,091 52.091
RODENT/ARTHROPOD CONTROL (36&) 0.000 0 " 0 0 0 0 0 0 0
WATER POLLUTION (370) 0.00 D 0 0 0 (I 0 " D 0
AIR POLU:TiON (371) G.OD 0 0 G 0 0 0 0 0 0
Group Total 1.20 2 938 12,351 16,911 21,967 21.628 20,765 52,092 72,857
ENVmONMENTAL HEALTH SUBTOTAL 31.91 7,RH7 40,619 479,238 5]7,334 566.048 495,472 1,257,162 800.930 2,05&,092
D. SPECIAL CONTRACTS:
SPECIAL CONTRACTS (599) 0.00 0 0 0 0 0 0 0 0 0
SPECIAL CONTRACTS St:RTOT AL 0.00 G 0 0 II 0 0 0 0 G
TOTAL CONTRACT 203.01 56,288 490,362 3,34],265 3.545,022 3,962,173 3.521.904 8,775,538 5,594,826 14,370,364
Agenda Item No. 10P
October 23, 2007
Page 22 of 27
ATTACHMENT III
COLLIER COUNTY HEALTH DEPARTMENT
CIVIL RIGHTS CERTIFICATE
The applicant provides this assurance in consideration of and for the purpose of obtaining federal grants, loans,
contracts (except contracts of insurance or guaranty), property. discounts. or other federal financial assistance to
programs or activities receiving or benefiting from federal financial assistance. The provider agrees to complete
the Civil Rights Compliance Questionnaire, DH Forms 946 A and B (or the subsequent replacement If adopted
during the contract period), if so requested by the department.
The applicant assures that it will comply with:
1. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S,C" 2000 Et seq., which prohibits
discrimination on the basis of race, color or national origin in programs and activities receiving or
benefiting from federal financial assistance.
2. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination
on the basis of handicap in programs and activities receiving or benefiting from federal financial
assistance.
3, Title IX of the Education Amendments of 1972, as amended. 20 U,S.C. 1681 et seq., which prohibits
discrimination on the basis of sex in education programs and activities receiving or benefiting from
federal financial assistance.
4, The Age Discrimination Act of 1975, as amended, 42 U,S.C. 6101 et seq., which prohibits discrimination
on the basis of age in programs Or activities receiving or benefiting from federal financial assistance.
5. The Omnibus Budget Reconciliation Act of 1981. P.L. 97-35, which prohibits discrimination on the basis
of sex and religion In programs and activities receiving or benefiting from federal financial assistance.
6. All regulations, guidelines and standards lawfully adopted under the above statutes. The applicant
agrees that compliance with this assurance constitutes a condition of continued receipt of or benefit from
federal financial assistance, and that it is binding upon the applicant. its successors, transferees, and
assignees for the period during which such assistance is provided, The applicant further assures that all
contracts, subcontractors, subgrantees or others with whom It arranges to provide services or benefits to
participants or employees in connection with any of its programs and activities are not discriminating
against those participants or employees in violation of the above statutes, regulations, guidelines, and
standards. In the event of failure to comply, the applicant understands that the grantor may, at its
discretion, seek a court order requiring compliance with the terms of this assurance or seek other
appropriate judicial or administrative relief, to include assistance being terminated and further assistance
being denied.
21
Agenda Item No, 10P
October 23, 2007
Page 23 of 27
ATTACHMENT IV
COLLIER COUNTY HEALTH DEPARTMENT
FACILITIES UTILIZED BY THE COUNTY HEALTH DEPARTMENT
Facility
Descriotion
Location
Owned Bv
Collier County Health Department
& Public Services Building H
3301 E, Tamiami Trail
Building H, Naples
Collier County
Immokalee Satellite
419 North First Street
Immokalee
Collier County
Jlden Gate WIC Office
4945 Golden Gate Parkway
Unit 102, Naples
Senderson Development
22
Agenda Item No, 10P
October 23, 2007
Page 24 of 27
ATTACHMENT V
COlliER COUNTY HEALTH DEPARTMENT
SPECIAL PROJECTS SAVINGS PLAN
IDENTIFY THE AMOUNT OF CASH THAT IS ANTICIPATED TO BE SET ASIDE ANNUAllY FOR THE PROJECT,
CONTRACT YEAR STATE COUNTY
2005-2006 $ $ $
2006-2007 $ $ $
2007-2008 $ $ $
2008-2009 $ $ $
2009-2010 $ $ $
PROJECT TOTAL $ 397,655 $ 387,914 $
TOTAL
785,569 BALANCE
SPECIAL PROJECT CONSTRUCTION/RENOVATION PLAN
PROJECT NAME:
LOCATION/ ADDRESS:
'P" IECT TYPE:
Renovation of CHD offices
Building H of the Collier County Government Complex
NEW BUILDING
RENOVATION X
NEW ADDITION -
ROOFING
PLANNING STUDY
OTHER
SQUARE FOOTAGE: 0
PROJECT SUMMARY: Describe scope of work in reasonable detail.
The Collier County Health Department will be moving its Environmental Health Division from a satellite government complex
to the main building (Building H) of the government complex located on Tamiami Trail during 2005-2006 when the
space becomes available. Medical Records will be recarpeted and the main lobby will get a information Kiosk to be staffed
by administration,
Other operating programs will also be r6Configured during the time frame 2005-20010 including: School Health.
Disaster Preparedness, Family Health, Epidemiology, Vital Slats, Pharmacy, and clinic areas of Communicable
Disease. The Dental clinic will need to be expanded because of growth probably during the 2006-20010 time frame.
Also it is anticipated that Information Systems, Finance & Accounting, Human Resources,
and the Director's Office will be renovated in 2007-2010,
ESTIMATED PROJECT INFORMATION:
ST ART DATE (initial expenditure of fundS):
COMPLETION DATE:
Oct-05
Dec-10
DESIGN FEES: $
CONSTRUCTION COSTS: $
FURNITURE/EQUIPMENT $
TOTAL PROJECT COST: $ 1,350,000
COST PER SO FOOT: $ #DIV/OI
'al Capital Projects are new contruction or renovation projects and new furniture or equipment
ds~"cialed with these projects and mobile health vans.
23
Agenda Item No. 10P
October 23, 2007
Page 25 of 27
ATTACHMENT V
COLLIER COUNTY HEALTH DEPARTMENT
SPECIAL PROJECTS SAVINGS PLAN
IDENTIFY THE AMOUNT OF CASH THAT IS ANTICIPATED TO BE SET ASIDE ANNUALLY FOR THE PROJECT.
CONTRACT YEAR STATE COUNTY TOTAL
2005-2006 $ $ $
2006-2007 $ $ $
2007 -200B $ 225,000 $ 275,000 $ 500,000
200B-2009 $ $ $
2009-2010 $ $ $
PROJECT TOTAL $ 225,000 $ 275,000 $ 500,000
SPECIAL PROJECT CONSTRUCTION/RENOVATION PLAN
PROJECT NAME:
LOCATIONI ADDRESS:
PROJECT TYPE:
WIC Renovation
Building H of Collier County Government Complex
NEW BUILDING
RENOVATION X
NEW ADDITION
ROOFING
PlANNING STUDY
OTHER
SQUARE FOOTAGE: 2300
PROJECT SUMMARY: Describe scope of work in reasonable detail.
The Collier CHD WIC operations are in critical need of additional space in Bldg. H due to rapid growth in recent
years. However, this growth cannot be accomodated within Bldg. H without extensive modifications to the
currently occupied spaces. A long-term plan has been developed to accomodate future growth as well as
alleviating the current lack of space. Given the large scope and lengthy time-frame to completion, this project
wilt be divided into three distinct phases, PHASE I will entail the relocation of all WIC operations in Bldg, H to
another county-owned building or commercially-own faciiity and all associated moving costs (network setup,
telephones, furniture, etc.) along with the demolition of currenl WIC spaces in Bldg, H. Phase 11 wilt commence
in FY 08 and will involve the actual construction of WIC spaces in Bldg. H, Phase 111 will start in FY 09 and will
involve relocating WIC operations back to Bldg. H.
ESTIMATED PROJECT INFORMATION:
START DATE (initial expendIture of funds) :
COMPLETION DATE:
DESIGN FEES:
CONSTRUCTION COSTS:
FURNITURE/EQUIP/MiSe
TOTAL PROJECT COST:
$
$
$
$
$
10/1/2007
6/30/2010
30,000
300.000
170,000
500,000
143.4782609
eOST PER SQ FOOT:
Special Capital Projects are new contruction or renovation projects and new furniture or equipment
associated with these projects and mobile health vans,
24
Agenda Item No. 10P
October 23, 2007
Page 26 of 27
ATTACHMENT VI
COLLIER COUNTY HEALTH DEPARTMENT
PRIMARY CARE
"Primary Care" as conceptualized for the county health departments and for the use of categorical
Primary Care funds (revenue object code 015040) is defined as:
"Health care services for the prevention or treatment of acute or chronic medical conditions or minor
injuries of individuals which is provided in a clinic setting and may include family planning and
maternity care."
Indicate below the county health department programs that will be supported at least in part with
categorical Primary Care funds this contract year:
x
--
Comprehensive Child Health (229/29)
Comprehensive Adult Health (237/37)
Family Planning (223/23)
x
--
x
--
Maternal Health/IPO (225125)
x
--
Laboratory (242/42)
Pharmacy (241/93)
Other Medical Treatment Program (please identify)
Describe the target population to be served with categorical Primary Care funds.
Does the health department intend to contract with other providers for the delivery of primary health
care services using categorical (015040) Primary Care funds? If so, please identify the provider(s),
describe the services to be delivered, and list the anticipated contractual amount by provider. In
addition. contract providers are required to provide data on patients served and the services provided
so that the patients may be registered and the service data entered into HMS.
25
Page 1 of 1
Agenda Item NO.1 OP
Oclober 23, 2007
Page 27 of 27
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
lOP
Item Summary:
F~econlmellCla!iol) to approve the FY 08 contract between Collier County and the State of
I'-Iorida Uepal'lrnent of 11e81111 for operation 01 the Collier County Health Department in the
:1n\OLlI1! of S; 1481 ,UOO
Meeting Date:
10123f2UOi D:UO:()l) AM
Allprond By
Marla Ramsey
Public SNvices Administrator
Dale
Public; $f!rvic('s
Public Senile'?!'; Admin
10/8/20074:53 PM
Approved By
Rob(~rt N. Zachary
Assistanl County Attorney
Date
Coullty Al,t0l'1ley
COlIJlly f.\ftC)lIH."r' (:!ficp
10/11/20078:32 AM
AI)I)roved fly
OMB Coordinator
^pp!iC.jIj(lJi~" l\lldlVsl
Uate
tvlmllli5trativ0 Si!rviC(~s
lllfollllalion Tedll'ol(l(lV
1011'112007 '10:06 AM
Approvcl.l By
ShNry Ply,-,I
M;1I1ii9'.'IIWIlI & l3udq01/\llillv5j
Dale
County Manaqer's Oilier>
Offiu! (d l\I!a1liHWOI.,nl 3, BlIrJ~l"t
1UI11/2007 12:21 PM
Af)provtd B)'
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
O1fice of Mana~l"l11elll & Budget
10/12/20073:52 PM
Approved By
James V. Mudd
County Managl!r
Date
Board of County
Commissioners
County Manager's Office
10116/20071;41 PM
Agenda Item No. 10Q
October 23, 2007
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation that Collier County Board of County Commissioners authorize
the preparation of an ordinance amending Section Six of Ordinance no. 2004-62
by providing for a two-year extension of the term of the Immokalee Master Plan
and Visioning Committee from December 31, 2007 to December 31, 2009.
OBJECTIVE: Recommendation that the Collier County Board of County Commissioners
(BCC) authorize the preparation of an ordinance amending Section Six of Ordinance No,
2004-62 by providing for a two-year extension of the term of the Immokalee Master Plan
Visioning Committee by providing a two-year extension of the term of the Immokalee
Master Plan and Visioning Committee from December 31,2007 to December 31,2009.
CONSIDERATIONS: On September 28, 2004, Ordinance No. 2004-62 was adopted by
the BCC providing for Section Six which calls for the dissolution of the Immokalee
Master Plan and Visioning Committee (IMPVC) no later than December 31,2007.
,~-
On September 19,2007, the IMPVC reviewed Section Three of Ordinance No. 2004-62
entitled, "Functions, Powers and Duties" and found that it will not be possible, prior to
December 31, 2007, for the IMPVC to complete its entire list of functions, powers and
duties, including: 1) preparation of the revisions to current zoning districts and the
development of associated Unified Land Development Code standards; and 2) the
review of the 5-year Schedule of Capital Improvements relative to the Immokalee
Community. During the IMPVC regular meeting held on September 19 the IMPVC
recommended to the BCC that it extend the latest date of dissolution of the IMPVC from
December 31,2007, to December 31,2009.
FISCAL IMPACT: The Immokalee Local Community Redevelopment Advisory Board,
through its staff and private consultant, will continue the process of the completion of the
Immokalee Area Master Plan and Land Development Code update during 2008 and
likely into 2009 with funding to be budgeted for and provided through Fund #186 entitled,
"Immokalee Redevelopment" with the sole source of funds being incremental taxes as
provided by law.
GROWTH MANAGEMENT PLAN IMPACT: The update of the Immokalee Area Master
Plan and the related Land Development Code is consistent with and in furtherance of
Policy 4.2 of the Future Land Use Element of the Growth Management Plan related to
the Immokalee Urban Designated Area and the Immokalee Area Master Plan. Further,
Policy 4.7 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. One of the specific areas within
Collier County is the Immokalee Urban Designated Area.
LEGAL CONSIDERATIONS: It is found that the proposed two-year extension of the
date of dissolution of the IMPVC is a matter of Board policy.
ADVISORY BOARD RECOMMENDATION: As stated above, the Immokalee Master
Plan and Visioning Committee, during its regular September 19, 2007 meeting,
recommended that the IMPVC dissolution date be extended from December 31,2007 to
December 31, 2009.
Agenda Item No. 100
October 23, 2007
Page 2 of 3
STAFF RECOMMENDATION: That the Collier County Board of County Commissioners
consider this recommendation of the IMPVC and provide further direction relative to the
preparation of an ordinance to amend Ordinance No. 2004-62.
PREPARED BY: Thomas Greenwood, Principal Planner, Comprehensive Planning
Department
Item Number:
Item Summary:
Meeting Date:
Page I of 1
Agenda Item No.1 00
Oclober 23, 2007
Page 3 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
100
Rf~COlllmendation that Collier County Board of County Commissioners authorize the
prepar<'ltion of 311 ordil13n(:e amending Section Six of Ordinance no. 2004-62 by providing for
a two-year extension of tile term of nle Immokalee Master Plan and Visioning Committee
fl'OIl1 December ~\'1, 2007 to December 31,2009_ (Thomas- Greenwood. Principal Planner,
COlnplehensive Planning.)
10/23120079:00:00 AM
I)repared By
Tholnas Greenwood
Community DevelopnH;mt t~
EnvironnlPntal Services
Principal Plannor
Date
Compmhel1Slve PlanllillH
1011120073:25:36 PM
Allpnn!cd Hy
Mike 80sl, AICP
r:'OInnwni:.y D(~vnlopnwllt &
Erwironm'mtat ~,~,r\fk("5
PriIlCiP<11 PlailllF:r
Date
Zoning & Land Devclr'pnwnt RevimN
1012/2U07 3:!O PM
Approved III
Judy Puig
Comlllunity Dc-vPlopment &
f.;f1viruIHll€'ntnl S(~r\!ices
()p'~I2:bOI1S Analyst
Date
Communily D0Vl'dopn\ent &.
E:nvinJ1Hll0.ntal Services Admin.
10/3f2007 9:1:1 AM
Apl)roved B)'
Marlene Stewart
Community Development &
Environmental Services
Executive Secretary
Date
Community Development &
Environmental Services Admin.
1013/20079;34 AM
AI)I)roved By
Randall J. Cohen
Community Development &
Environmental Services
Comprehensive Planning Department
Director
Dale
Comprehensive Plannillg
10/3120079:35 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
10/7120078:03 AM
Approved By
OMS Coordinator
Administrative Services
Applications Analyst
Dale
Information Technology
1019/20071 :07 PM
Apllroved 8y
Mark Isackson
COllnty Manager's Office
Budget Analyst
Date
Office of Management & Budget
10/10f2007 5:31 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10113f20071:10 PM
Agenda Item No. 12A
October 23, 2007
Page 1 of 5
...-
EXECUTIVE SUMMARY
Discussion and direction regarding Collier County Public Records Policy
OBJECTIVE: The Board of County Commissioners to further define the
objective of the Collier County Public Records Policy relating to production,
viewing and copying of public records requested by staff, Board of County
Commission members and advisory committee members.
CONSIDERATiONS: On December 15, 1998, the Board of County
Commissioners adopted Resolution No. 98-498 establishing a public records
policy for the County. This policy, enacted pursuant to Chapter 119, Florida
Statutes ("The Public Records Act") and applicable Attomey General Advisory
Opinions, establishes a format for fees for production of records including
copying and clerical charges as allowed by law.
...-
Recently, administrative questions have arisen relating to public records requests
by staff of one County Manager agency to another under the Board of County
Commissioners, Commission member's requests for records, and requests by
the Board's advisory committee members for records (documents, e-mails, files,
reports, etc.) Since the adoption of the County's Public Records Policy in 1998,
history seems to indicate that no copying cost or clerical fees have been charged
for public records requests between County Manager agencies, individual
Commission member's requests for public records or individual advisory
committee member's requests for public records.
It is noted that the policy per Resolution 98-498 does not address, define or
eliminate these three (3) types of record requests from the application of fees
and clerical charges for providing the public records for viewing and/or copying.
It should be noted that the County Attomey Office has prepared the following
language to be used when public records are being requested for county
departments or a commissioner:
"Before releasing County records to the public, please note the
following: a) Pursuant to County policy and Resolution 98498, all
offices, agencies and departments authorized and organized as
Collier County Govemment of the Board of County Commissioners,
shall charge the statutory amounts as indicated in Chapter 119,
Florida Statutes, for copies and extensive use of clerical,
supervisory, and information technology resources when
responding to a public records request; and b) records to be
released to the public may have exempt or confidentiality issues, so
please contact the Office of the County Attorney prior to releasing
the records."
...-
Agenda Item No. 12A
October 23, 2007
Page 2 of 5
This is an attempt to assure that exempt or confidential documents are not
released and that everyone is aware of the Board's policy,
The County Attomey is of the opinion that it is appropriate for the Board to clarify
its intention as to whether the Board wishes for staff to require payment for
copies and clerical work for public records requested between county
departments, the Board or individual commissioner requests and Board advisory
committee member requests. It is the Board's prerogative to clarify policy in this
regard.
FISCAL IMPACT: The fiscal impact of this item depends upon the direction of
the Board of County Commissioners.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact
associated with this Executive Summary.
RECOMMENDATION: The Board of County Commissioners to further define
the objective of the Collier County Public Records Policy relating to production,
viewing and copying of public records requested by staff, Board of County
Commission members and advisory committee members.
04-COA-01052/705
Page I of I
Agenda Item No. 12A
October 23 2007
Page'3 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
12A
Item Summary:
Meeting Date:
Discussion 311d dileclioll regarding Collim County Puf)lic Records Policy.
I 0:23(;;001 ~J:OOOO I,M
AIJprond 8y
David C. Weigel
County Attorney
Date
County Attol'lll:Y
County AUorn~!y Offi;;e
10/12f2007 3:57 PM
Approved By
OMS Coordinator
Applications Analyst
Date
i\dministtaihl>'! Services
Infortnation T('Clllln1ngy
10115/200711:53 AM
Approved By
r~lark Is;td;5on
Budget Analyst
Dale
County fIII;H!,1q()r'~~ Office
Office of Management 8< Rudget
10/15/20074:20 PM
Approved By
Michael SrnykowSl\i
Man<lg!..'rnent & Budget Director
Date
":uunty Manaller's OHi<:\;
Office 1)1 Mall,lgetnent 8. Eudqpt
10115120075:47 PM
Approved By
James V. Mudd
County Manager
Date
Board of Coullty
Commissioners
County Managet"s Qlfiee
10/16/20072:00 PM
Agenda Item No. 12A
October 23, 2007
Page 4 of 5
RESOLUTION NO. 98- !2L
RESOLUTION ESTABLISHING A UNIFORM COUNTY POLICY IMPOSING FEES
FOR THE INSPECTION, EXAMINATION AND DUPLICATION OF PUBLIC
RECORDS PURSUANT TO SECTION lJ9.07, FLORIDA STATUTES.
WHEREAS, Section 119.07(1), Flori"" SJall/los,. authorizes the custodian of public
record. to charge a ree for copying pub6c reconls provided upon ~est; and
WHEREAS, Section 119.07(1)(b), FIorHla SlaMos, allows for the impooition of a
special service charge for public records requestS which require extensive use of clerical or
supervisol}' labor; and
WIIEREAS, The Board of County Commissioners bas determined that a policy should be
created establishing the altowable copying fees and defining what is extensive use of clerical or
supervisory labor~ and
WIlEREAS, The Board of County Commissioners has determined that such a policy i.
necessary in order to create uniformity in application of those fees and to guide staff in
determining when imposition of such r.... is acceptable and appropriate (legally sufficient); and
WHEREAS, The Board of County Commissioners has found that it is within the puhlic'.
best interest for the County to ""pose such a fee in Older to cover the actual cost of duplication
and to cover the actual cost of ",""","ve clerical or "'pervisory time required to respond to a
public: reoonIa request.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUN1Y, FLORIDA, that:
1. Stalf...charge the following fees for duplication of public records:
A. IS cents per one-sided copy which i. 14 inches by 8 1/2 inches or
less.
B. an additional S cents fur each two-sided duplicated copy.
C. $1.00 per copy for a certified copy ofa public record.
D. The actual oost of duplication for an other copies. "Actual cost of
duplication" is defined in ~119.07(1), Florida Slallll.., as, "th. cost of the
material and supplies used to duplicate the record." but it does Rot include
the labor cost and overhead cost associated with such duplication.
Staff may, however, charge for the reasonable labor and overhead costs associated with
copying county maps or aerial photographs supplied by county constitutional officers.
2.
Agenda Item No. 12A
October 23, 2007
If tho ..ture or ""lume of ...blle n:conls requcotcd to be inspected, oxamined,or Page 5 of 5
'.
copied is sucb u to require extensive use of infbrmatioo tecbnolosy resources or eo<tensi..
oIcricoI or supervioory oai.o_ by personnel of tbe Couaty office, departlllellt or agency
involved, or both, tbe office, department or ogoney sball chorge. In oddition to the actual cost of
duplication. a special service chorgc, which shall be reasOnable and sbaII be bued 011 lbe cost
incurred for such extensive use of Informalion tcdmolosy reooun:es Or the labor COlIl of the
personnel providing the SClVicc that is actually In...rrcd by !be ogency or ottributable to tho
agency for tho clerical and SUpeMsmy assist..... required. or both. "Infbnnation technology
resources" shall ha..tbe same.......... as in Sccli0t1282,303(13). FIorlda S/tJIMIn.
"I!lcter1Jiw use" sbaII be defined u requiring more tban an hOW' of clerical or SUpeMlOly
time to locate, review Ibt c:onI1dential information, copy and reIIIc th. ............. motorial. Time
incurred shall be based upon the nature or volume of the request and not solely by the location of
the requested documents.
3. Thia Resolution applies to all offices, agencies and dcpIrt....ts authoriml and
organized as Collier County government oftbe Board of Collier Couaty Conunisaioncrs
4. This llesolution sball be effective and implemented as of the date of adoption.
This Resolution adoptellthis \~day ~<.._bl" . 1998, afler motion, second
and majority vote in favor of adoption.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FL A
By:
-'. . Deputy Clerk ' . .
.'Att.;st Ii to Ch!lr~nn's
....' s1gll~tllre {;II1.,:~
r"f . . ~_, "
""I ',~ '.~ ~ '",':.
Approved .. to fonn and
legal sufficiency:
JL.:.1 t1Yh.~ ~
David C. Weigol
County Attorney
b:pubrJdNd~""'r-
2
Agenda Item No. 14A
October 23, 2007
Page 1 of 29
EXECUTIVE SUMMARY
Recommendation that the Community Redevelopment Agency approve and
execute the Immokalee Redevelopment Area Executive Director Employment
Agreement between the Community Redevelopment Agency (CRA) and Penny
Phillippi
OBJECTIVE: Recommendation that the Community Redevelopment Agency approve
and execute the Immokalee Redevelopment Area Executive Director Employment
Agreement between the Community Redevelopment Agency (CRA) and Penny Phillippi.
CONSIDERATIONS: During a special meeting held on September 26, 2007, the
Immokalee Local Redevelopment Advisory Board (Advisory Board) interviewed two
qualified candidates for the position of Executive Director, for which a total of 28
applications were received. During that special meeting the Advisory Board unanimously
recommended to the CRA Board that Penny Phillippi be hired as its first Executive
Director.
The minimum qualifications for this position are a Master's Degree in Business
Administration or a closely related field, preferred but not required, seven to ten years of
progressively responsible experience managing community redevelopment areas or tax
increment financing districts or municipal departments, programs and operations, or any
combination of equivalent education, training, and experience which provides the
requisite knowledge, skills, and abilities for this position.
Attached is a copy of Ms. Phillippi's professional resume and standard application for
employment with Collier County.
FISCAL IMPACT: The FY 2007-2008 Immokalee Redevelopment Fund 186 budget for
this position allocates $85,000 for this position and additional funds for the benefit
package set for in the attached agreement and within the approved budget.
ADVISORY BOARD RECOMMENDATION: On September 26, 2007, the Immokalee
Redevelopment Area Local Redevelopment Advisory Board unanimously recommended
to the Community Redevelopment Agency the approval and execution of the Immokalee
Redevelopment Area Executive Director employment agreement between the CRA and
Penny Phillippi.
PREPARED BY: Randall J. Cohen, Comprehensive Planning Department Director
Agend,J;1~.UIIUl#J
October 23, 2007
Page 2 of 29
July 21,2007
Immokalee CRA Executive Director Personnel Selection Committee
Thomas Greenwood, AICP
Principal Planner
Community Development and Environmental Services
Comprehensive Planning Department
2800 North Horseshoe Drive
Naples, Florida, 34104
Dear Mr. Greenwood;
I read the posting for Job #33493, Executive Director for Community Development Agency,
Immokalee, FL, on line at the American Planning Association Wcb site and I believe that I have
the necessary credentials for the position.
My creativity in leadership and management of community development, economic development
and housing development has provided me with diverse and ullique experience for success in the
newly created position of the Executive Director of the lmmokalee eRA. As you can see from
my resume, I havc been highly successful at gamering and implementing many new initiatives,
grants and loans.
In addition to this practical, hands on experience, I am an anthropologist and educator by
education. This specialized training provides for a more comprehensive insight, understanding
and sensitivity to the cultural nuances of Immokalce.
I am confident that my education, along with my years of professional experience, makes me an
excellent candidate for this position. I would welcome the opportunity to interview and I am
available to speak with you at any time.
Thank you for your consideration.
Sillc<,rdv.
/L -
,
i?
,.... /'
"
,.-1, ."l"
.~j/ 1./;'),.'"':/ ...
. J
Penny Pltlliippi
661 Luke June Road
Lake Placid, FL 33852
// ,~
I( "
'1"'/;1" ~...t
>/'.
End osure
Agenda Item No. 14A
October 23, 2007
Page 3 of 29
Penny Phillippi
661 Lake June Road, Lake Placid, Florida 33852
863.465.6261 ** 863.441.5043 ** E-mail: rustvoennvlalcomcast.net
PROFESSIONAL EXPERIENCE
November 2000 -Presellt
Housing Director, HigWands County Board of County Commissioners
· Plan, schedule, assign, review, and coordinate community development. Coordinate programs
with other County departments, public and private organizations to devclop innovative
programs toward revitalization. Develop improvement plans for targeted neighborhoods.
· Catalyze community change, i.e., developed a Neighborhood Preservation and Enhancement
Improvement District, Highlands County Homeless Coalition, a six eounty rural Continuwn of
Care (the first in the Nation), a six county HOME Investment Partnership Consortia (HOME)
Participating Jurisdiction (PJ) and the three county Heartland Community Land Trust, Inc.).
· Write, establish and implement programs with the responsibility of ensuring adequate and
affordable housing for present and future County resident., and for households with spccial
needs in accordance with the Housing Element ofthe Comprehensive Plan, Land Development
Regulations, the Local Housing Assistance Plan CLHAP) and the six-county Consolidated Plan.
. Responsible for receipt, allocation, expenditure, evaluation, leveraging and the management of
the State Housing Initiatives Partnership (SHIP) Pro6>ram, Small Cities Community
Development Block Grants (CDBG) (Housing, Economic Development and Community
Revitalization), HOME, USDA Rural Development and other programs associated with
Highlands County's maintenance and enhancement of desib'llated communities. Ranked
Nwnber I in Innovation Category for the $5 million Community Workforce Housing
Innovation Pilot Program (CWHIP).
· A disaster ready position required to manage a stonn shelter, access damages, and plan for,
gamer funds and implement post disaster housing replacement and repair.
July 1995 - .Julie 2000
Senior Associate and Director of Social Investment, The Gray Group L.L.c.
· Consultant and grant writer, responsible for directing The Gray Group's Southeastern
operations for affordable housing programs such as HOME, SHIP, State Apartment Incentive
Loan (SAIL) Program, and CDBG; and social service programs such as Community Services
Block Grant (CSBG). In this capacity, coordinated affordable housing development and
community building for governmental, non-profit and for profit sponsors.
· As principal lead for HOPE VI Community Development and Supportive Services and Family
Self-Sufficiency programs in Florida and the Southeast, created, developed and implemented a
ilagship Family Self-Sufficiency Program that received the National Association of Housing
and Redevelopment Officials (NAHRO) 2000 A ward and received the Department of Housing
and Urban Development (HUD) Best Practices 2000 A ward. Contracts included:
o State of Florida, Department of Community Affairs, Community Services Block
Grant Program (CSBG), designed the State program, trained Community Action
Agencies (statewide) and wrote both the Model and the State Community Action
Plall.
o Cities of Norfolk and Portsmouth combined successful 1998 Empowennent Zone
Application.
Agenda Item No. 14A
October 23. 2007
Page 4 of 29
PENNY PHILLIPPI
Page Two
July 1990 . July 1995
Planner, Research and Technical Assistance/Affordable Housing Catalyst Unit, Division of Housing
and Community Development, Bureau of Community Development, Florida Department of
Community Affairs (DCA).
. Managed and monitored training and technical assistance contracts on SHIP, HOPE, and
HOME training and technical assistance programs.
. Researched and assisted in drafting the Affordable Housing in Florida report to the Florida
Legislature, 1991- 1 994.
. Provided research for the State Comprehensive Housing Affordability Strategy (CHAS).
. Conducted, prepared and updatcd the annual Inventory of Publicly Owned Lands and Buildings
for affordable housing.
. Analyzed Strategic Policy Plans for the Regional Planning Councils to ensure compliance with
Florida Administrative Code and Florida Statutes.
. Reviewed Small Cities CDBG applications from local governments for compliance with loeal
and stale Comprehensive Plans.
. Audited Housing Element portions oflocal government Comprehensive Plans and maintained
an informational database.
. implementation of workshops, public speaking engagements, and training and tcchnical
assi stance throughout Florida for the myriad of state housing programs.
Communitv Assistance Consultant, DCA.
. Negotiated, managed, and monitored Weatherization Assistance Program (W AP) and
FloridaFix contractual agreements between the state and local governments and non-profits
such as Community Action Agencies, Urban Leagues and Economic Development
Corrunissions.
. Provided training and technical assistance to meet OMB requirements for successful audits,
application of energy conservation and indoor air quality techniques, start-up training,
leveraging of funds, and partnership development.
Ju~y 1989 . July 1990
Weatherization Soecialist and F10ridaFix Coordinator, Central Florida Community Action Agency (a
Florida non-profit).
. Developed, marketed and implemented the pilot retrofit FloridaFix Program. Marketed tho
program to churches, civic organizations, and local governments via presentations and the
media. Prepared successful grant requests. Inspected homes, estimated repairs, purchased
materials, supervised contractors and volunteer construction crews.
. Provided community outreach for the W AP and FloridaFix to three of Florida's rural counties.
Agenda Item No. 14A
October 23, 2007
Page 5 of 29
PENNY PHILLIPPI
Page Three
July 1981 - December 1988
Assistant Store Manager, K-Mart Corporation.
. Participated with storc managcr in the supervision of 150 employees and all aspects of retail
store operations in five stores in and around Central Florida.
May 1979- November 1981
Migrant Outreach Representative, State of Wisconsin, Department of Health and Social Scrvices,
Division of Economic Assistance.
. Provided bilingual outreach and rcfcrral for medical assistance, Food Stamps, and AFDC to
Mexican and Mexican American migrant farm worker families during their stay in two of
Wisconsin's counties.
Clients Services Assistant
. Managed the Federal Energy Assistance Program for Marinette County, Wisconsin.
Teacher/Counselor, America's Future, Inc.
. Developed a bilingual program of education and assimilation for male, unaccompanied, minor
Cuban refugees from the Marial Boat Lift of 1980 in group homes for delinquent males.
January 1978 - December 1979
Research Assistant, Native American Rights Fund.
. Conducted ethnohistorical research to provide original, historical documentation to the La
Court Orielles Band of Chippewa Indians. This material was used during a legal struggle for
water rights to the reservation.
August 1977 - May 1978
Teacher, KeHy Brook Elementary School (two room rural school), Oconto Falls Public School
System, Oconto Falls, Wisconsin,
. Taught all subjects for grades three and four.
COMPUTER SKILLS
Proficient in Word Perfect Suite and Office Vista Microsoft 2007. Certified Web Master.
EDUCATION
University of Wisconsin, Green Bay, 1978
BA in Humanistic Studies, Dual Major, Education and Anthropology
Florida Stale University, Graduate Studies in Cultural Anthropology
AFFILIATIONS
Heartland Community Land Trust, Executive Board, 2007
South Florida Rcgional Planning Council CEDS Committee, 2007
Sebring Ridge Museum, Executive Board 2006-2007
Highlands County Coalition for the Homeless, Inc., Executive Board, President 2002-2006
Florida's Heartland Rural Consortia for the Homeless, Inc., Executive Board, President 2003-2006
/\genda Item No. 14A
October 23. 2007
Page 6 of 29
PENNY PHILLIPPI
Page Four
Affiliations cant...
Neighborhood Lending Partners of West FlOlida, Advisory Board, Member
Christian Contractors Association, lne., Advisory Board, Member
ReBuilding Together, Inc., Advisory Board, Member
West Florida Regional SHIP Steering Committee, Member 2000 - Present
Florida Community Development Association, lne., Member
American Friends Service Committee (Southeastern Region Executive Committee - 1994)
Florida Housing Coalition, Board Member - 1990
Enrolled member of the Cherokee Nation of Oklahoma
PUBLISHED MA TERlALS
Native Voices published in Common Ground, The Delta Endangered, Spring 1996, vol. 1 (I), Penny
Jessel http;//www.nps.govihistQDIiarcheologvicl.../vollnuml/voiccs.htm
Disaster: Hunicane Andrew and the Miccosukee published in Anthropologists and Indians in the
New South, Rachel BOIllley and Anthony Paredes, editors (University of Alabama Press, 2001),
Penny Jesse!. http://www.uapress.ua.cdu/NewSearch2.cfm?id=10929 This book received the
presti!,oious honor of "Academic Title of the Year for 2002."
REFERENCES
Highlands County Commissioner Andrew Jackson
Attorney at Law
150 N. Commerce Ave.
Sebring, FL 33870
863.382.3686
ajackson@digital.net
Mr, Jim Polatty, Development Services Director
Highlands County Board of County Commissioners
501 S. Commerce Ave., Sebring, FL 33852
863.402.6653
jpolatty@hcbec.org
Mark Nixon, Financial Specialist
Florida Department of Community Affairs
Community Development Block Grant Program
2555 Shumard Oak Boulevard
Tallahassee, Fl 32399-2100
850. 922.1895
mark.nixon@dea.state.fl.us
Agenda Item No. 14A
October 23. 2007
Page 7 of 29
PENNY PHILUPPI
Page Five
References cont...
Ms. Charmaine Wilson Gray, Vice-President
The Gray Group, L.L.C.
5234 Village Way, Amelia Island, Florida 32034
904.261.6499
GrayIsle@aol.com
Ms. Louise Bert, Executive Director
Community Action Agency
Miccosukee Tribe of Indians of Florida
Tamiami Trail, Miami, Florida
305.223.8380 Ext. 2231
Monteze M. Snyder, PhD, Director
Ronald L. McDaniel Chair of Management Studies
Eartham College
801 National Road West
Richmond, IN 47374 USA
765.983.1426 office*** 765.966.0227 home*** 765.914.4382 cell
http://www .earlham.edul-snydemo http://www .earlham.edul~mgmtl
Guardian Community Resource Management, Inc.
PO Box 189
Mascotte, FL 34753
352.429.4570
www.guardiancrm.com
Susan Cook Warmer, PhD.
Warmer & Associates
2200 Lakeview Drive
Sebring, FL 33870
863.402.0967
Lynn Topel, Executive Director
Florida's Heartland RED!, Inc. Regional Office
P.O. Box 1196
Sebring, Florida 33871-1196
Phone: 800.620.3602 or 863.385.4900
Fax: 863-385-4808
ltopel_ fhredi@heartland-workforce.org
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WARRNER & ASSOCIA.TES
Agenda Ilem No. 14A
October 23, 2007
Page 10 of 29
RESEARCH, TRAlNlN6 AND OONSUI.TIN6
July 16, 2007
Re: Recommendation for Penny Phillippi for Job 1133493
As Executive Director of the Collier County
Commnnity Redevelopment Agency in lmmokalee
To whom it may concern:
I have known Penny Phillippi both personally and professionally for more tban fifteen
years. As the former Florida administrator for both the Commnnity Services Block Grant
and the Community Development Block Grant programs, I first met Penny whcn she ran
the most successfnl example of an innovative home repair program called FloridaFix. The
program required that a significant portion of its funding was from local match. Penny had
not only met the match requirements, but had met them at about five times the required
level. After meeting her, I couldn't resist encouraging my staff to hire her as a community
consultant for our Weatherization I'rogram.
Since that time, she has progressed in every job through her outstanding qualities as a
program managcr, innovator, and one of the most dedicated community leaders that I have
ever known. I was instrumental in recommending her for her current position with
Highlands County and I have watched her build a smaD hOWling program into a major
housing partnership with six counties. She has obtained a $5,000,000 Work Force housing
(CWHIP) grant for Highlands Connty despite warnings from tbe State that a competitive
application would never be fnnded from stlcb a small county. She persuaded the same six
counties to qualify as a Participating Jnrisdiction for HUD which made tbem eligible for an
annUJlI allocation from tbe HUD HOME Investment Partnersbip Program. And sbe
organized the Homeless groups in these same Heartland Counties into a similar coalition
whicb bas resulted in the Florida HeartlBlld Rual Coalition for the Homeless (FHRCH)
qualifying for similar recognition from both state and federal funding sonrces.
Penny has snccessfully applied for six Economic Development grants from tbe State's Small
Cities Community Development Block Grant Program. These grants bave created more
than 200 jobs in Highlands Connty. She is familiar with every aspect of County
government - budgeting, personnel, administration and program development. Her
experience in the Heartland area translates well to the needs of Immokalee for honsing,
community and economic developmeut.
Penny's training as an anthropologist, her ability to speak Spanish, her sensitivity to the
problems of a minority population and her proven ability to find solutions to the problems
of poverty, .make her a prime candidate for the position of Executive Director of Ihe
Immokalee Community Redevelopment Agency. I can't think of anyone who would do a
better job. I would be happy to answer any additional questions. I enn be reached at (863)
402-0967 or on my cell phone at (217) 691-0446.
Sincel"ch'. __
.-/V-(~O~ 6f/ $4/>A.~_
Snsan Cook Warmer
2200 Lakeview Drive, Sebring, Florida 33870 Phone/FAX: 863-402-0967
Agenda Item No. 14A
October 23, 2007
. ",::" Page 11 of 29
Guardian Cnmnt"roty R~i!tUq~;~aS"'n~l1t Inc.
f' '.'~:l" ":;b:" ;~':;":':~',fi-'~~'~:""
. .
-'JF
t"'ig'
And our sister company. GJLUdim fJepdop01cnt Solutions, Inc.. Jl PIon(/;; Certifitxl MBE
To whom it may concern:
It is with great personal pleasure that I offer this letter of recommendation for Ms. Penny
Phillippi. For two years, I have known and worked with Ms. Phillippi in her capacity as the
Housing Director In Highlands County on a variety of grant-funded projects. Additionally,
she and other Guardian staff members have worked together on multiple publicly funded
programs for over five years.
Ms. Phillippi genuinely has a heart for her community and her job. She has worked in the
Highlands County Housing Department for over six years, and has truly made a real,
positive difference there. In 2007 alone. her Housing Department has rehabilitated and/or
replaced over forty homes!
I am aware that prior to becoming Housing Director in Highlands County, Ms. Phillippi
worked in many facets of government (planning & development, community assistance with
the Florida Department of Community Affairs, weatherization), as well as in the private
sector. This has given her a wide range of knowledge and abilities, enabling her to
creatively tackle the challenges that inevitably arise during the course of her work. She has
demonstrated this creativity in actual practice when working with Guardian staff on grant
related projects.
Specifically, Guardian staff has worked with Ms. Phillippi to leverage and administer CDBG,
SHIP, HOME, and HOME Again funds. Our staff has also worked with her on Economic
Development projects (currently there are two that are active). Also, we are working with
Ms. Phillippi to kick off her new CWHIP (Community Workforce Housing Innovation Pilot)
Program. As a matter of interest, Highlands County was the only governmental agency to be
awarded a CWHIP grant this year, and Ms. Phillippi's grant application was ranked number
one in the Innovation category (for exemplary use of green building practices and other
innovative construction techniques).
I would highly recommend Ms. Phillippi, without hesitation or reservation, as a capable
leader who truly cares about improving her community and the lives of those who live
within it. .
Slncere)y, /'
\ g~JI~.~~
'--t:: Mafek1lday
President
Serving the State of Florida
Mailing address: PO Box 189, Mascotte, Fl34753
Tel. 352-429-4570 OR 863-661-6696
Fax: 863-583-0357
www.guardiancrm.com
Agenda Item No. 14A
October 23, 2007
Page 12 of 29
Heartland Rural Health Network, Inc.
.""""""".---........ -~""'_._-""...,
July 3, 2007
To Whomever It May Concern:
This letter of recommendation is being written on behalf of Penny Phillipi, who currently
serves in the position of Housing Coordinator for the Highlands County Board of County
Commissioners, a position which she has held with distinction for a number of years.
I have known Ms. Phillipi now for almost four years. We have worked together
collaboratively at the Highlands County Coalition for the Homeless, an organization that
she helped found a number of years ago and more recently at the Florida's Heartland
Rural Consortia for the Homeless, an all rural, six County Continuum of Care for the
Homeless. She not only gave "birth" to Florida's Heartland Rural Consortia for the
Homeless hut also served as its first President for several years.
Penny Phillipi is a remarkable woman. She has a strong sodal conscience as well as a
very caring heart and it is these qualitics that have motivated her to achieve great things
for the less fortunate populations in our communities.
Penny holds a Bachelor's degree in Humanistic Studies from the University of Wisconsin
and has done graduate work at Florida State University I have found Penny to be very
bright, creative in her thinking and intellectually curious. These attributes have
contributed significantly to her success in the positions she has held. She has utilized her
writing and research skills by writing and publishing a book as well as several
professional articles.
Her exceptional planning skills were demonstrated white working in the Research &
Technical Assistance Unit, where she produced the annual "Affordable Housing in
Florida" report to the Florida State Legislature. Additionally, she has served on the
Planning Committee for the Cities of Norfolk and Portsmouth.
During her years with the State of Florida's Department of Community Affairs, within
the Division of Housing and Community Development, she managed and monitored the
federal Weatherization Assistance Program, the State's FloridaFix Program and the
Affordable Housing Catalyst training and technical assistance contract for the HOPE,
HOME and SHIP programs.
1200 West Avon Blvd., Suite 109 · Avon Park, Florida 33825
Phone: 863.452.6530 · Fax: 863.452.6882 · Website: hrhn.org
Agenda Item No. 14A
October 23, 2007
Page 13 of 29
Page 2.
Penny Phillipi has exeellent organizational skills, is professional in her demeanor, has
very effective communication skills, makes excellent presentations, is a wonderful
teacher, is a hard worker, sets high standards of perfonnance for herself and consistently
produces desired results.
In summary, I consider Penny Phillipi to be an exceptional person. Any organization
would be fortunate to have Penny on their staff and on their team.
Pleas do not hesitate to contact me by calling (863) 452-6530 if I can respond to any
additional questions that may arise regarding Penny's attributes.
Sincerely,
g 1l1~F.I>I--
J, Rudy Reinhardt
Executive Director
09/22/2007 15:15
8534555251
Agend
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Page 14 of 29
Co'lNtT County
.. -
- -.- -
3301 EastTamiaml Trail
Naples, FL 7.l4 112
TOIlephone (239) 774-8460 FAX (239) 77MJ455
JObS Avanable Hotline (239) 77 4-S 112
TDD /I (239) 774-9356
jobs.colliergov.net
Emall: iobstlUcoIli.rqovnel
An Equtll Opportunily Emp/oyvr
DATI: September 22, 2007
NAME (Last)
Phillippi
(First)
Penny
.]
(Middle)
TELEPHONE NUMBERS
Day 863.402.6795
Evenin.,863.465,6261
Pager/Cell 863.441.5043
E.MAIL ADDR.ESS
rustypenny@comcast.net
ADDRESS 661 Lake June Road
STATEIZIP
Lake Placid FL 33852
CITY
Do you possess a valid Drivers license? ~ Yes 0 NO State of Issue: Florida License Class: E
Can you, after employment, submit proof of your legal right to work in the United StateS? 181 Yes 0 No
What Is your nlgnest level of Educatlon7 0 Some Hign scnool 0 High School 0 Some College 0 Techni=1
College 0 Associate's Degree l2:I Bachelor's Degree 0 Master's Degree 0 Doctorate
Are you willing to relocate? l2:I Yes 0 No 0 Maybe Please comment here regarding relocation:
What type of job are you looking for? 181 Regular 0 Temporary 0 Seasonal 0 lnternsllip
What types of work will you accept? 181 Full Time 0 p"rj Time 0 Per Diem
What shifts are you avail"ble to work? ~ Day 0 Evening 0 Night 0 Rotating 0 Weekends 0 On-Call (as
neaded)
EDUCATION
UnJver~' of Wis.conQin
Vocational Sellool (Name)
Location (City/State)
I GEDDYesONo
If you did not complete
high school see above.
Major Degree
EDUCI SA
ANTHRO
Major Degree
Please Circle HlghMt Grad8 Completed:
Hi~Il Sellool (Name)
Menominee High School
College (Name)
1 2 34 5 6 7 B 910 11 12 . College: 1 2 3 4+
Location (C~ylState)
Menominee, Ml
i Location' (City/State)
, Green Bay, WI
Relllsrtd 2/13107
her School (Name)
Florida StatB University
Location (City/State)
Tallahassee. FL
Major
ANTHRO
Degree
Other Sellool (Name)
Location (City/State)
Major
Degree
09/22/2007 15:15
8634656261
Age~dct~f 2~~
'-"'!,J'" 'J U, L."
I WORK HISTORY I
In the space provided below, plea.e Ii.t pre.ent "nd pMt employment, tx'oginning with your current or mo.t recent. IT
IS VERY IMPORTANT THAT ALL SPACES FOR EACH POSITION HELD ARE COMPLETED. A resume may be
used to sUDolement, bvt WILL NOT svbstltute for emolovment information reaulred below.
Company/Agency Name Highlands County Board 01 County Commissioners
Address (City. State) 501 S. ComMerce Avenue, Sebring, FL 33870
Telephone #I- 863.402.6785
11/2000 -_.~-_...
Start Oat.
End Oat. PrQcQnt
Pm:.ition Title Housing Director
Hours. Workeod Per Week Monthly Salary
I- 40 $4.556 (approx)
z:
W Namemtte of Supervisor Jim POiatty, b-aveloP~6nt Services Director
"
" May we contaot this employer? [gJ Yes 0 No .
::>
u Reason for Leaving Challenge/Diversity
- Plan, schedule, assign, review and coordinate c:ommunity development and
Duties
revitalization. Catalyze community change in largel areas. Write, establish and
Implement programs wtth the responsibility of ensuring adequate and affordable !
housing for residents in accordance with the C()fT1prehensive Plan, Land i
Development Regulations, the Local Housing Assistance Plan, and the I
Con~olidatEld Pltm
I Company/Agency Name I
..------ ~
The Gray Group, LLC, Comerotone Housing, LLC i
5234 Village Way, Amelia Island, FL 32034 i
I Addre.. (City, State) I
, Telephone 1/ 904.261.6499 ,
!
: SteM Date i 07/1995 ---~.,-_.... .~-------
I
! End Date i 06/2000
f/l
::> Position Tille Senior Associate and Director of Social Investment
0
:;: Hours Worked Per Week Monthly Salary
W 40+ $4,166
"
Q. Name/jitle of Super\flsor Charmaine Gray
- May we contact this employer? ~ Yes D No
Reason for Leaving !
Duties Com:mJtant and grant writer. Consulting provided to hou9ing authorities, 9te.te~, f
local gQvernrnente, and r"lOr"l- and for profit developere,
Company/Agency Name Florida Department Of Community Allalrn
Address (CIIy, Stete) 2555 Shumard Oaks Blvd., Tallahassee, FL 32399-2100
f/l Telephone # 850.922.1895
:l Start Date 07/1990
0 End Date 07/1995
:;:
W Posfiion Tnl. Planner/Community Assistance Consultant
cr:
Q. Hours. Worked Per Week Monthly Saiary
- $2.500
NamefrdJe of Supervisor Earl Billings, Lell2 Pri~ (Dr. Sus.an Cook)
Reason for Leaving Private consulting job offer
Rt:'I1tsed 2/UlO7
Agend~.l.~ t)JA. HA
Ocl~r 2:J'~~OO7
09/22/2007 15:15
8634656261
~
May we oonlaot this employer? No
Dutles !=18&ftarch and techniC31 3s&lctance for affordable housing programs statewide,
mange Catalyst Consultant, thlil Affordabla Hou&ing in Florida R4iilport, the
Inventory of Publicly Owned lands for Affordable Housing. state-wide
workshops on affordable housing programs.
IMPORTANT - PLEASE EXPLAIN ANY GAPS OF SIX MONTHS OR MORE DURING YOUR EDUCATION AND
EMPLOYMENT. Use additional sheets if necessary.
ADDITIONAL INFORMATION
In the section provided below. please list any information that would highlight special qualifications or skills you have obtained.
including certifications, licenses, professional associations or memberships, honors or awards, publications or volunteer
j expel1ence. You may omit any organi;z~on$ or_~GHvitie:s th~t would divulge race, age, ethnic; origin or r~igiou~ l'Iffilllltion.
CERTIFICATES AND UCENSES
I Type of Certificate/License
t--
Date Issued MMIYYYY
E i1'3tion Date MMIYYYY
OTHER SKILLS S eclalized trainin
Skill Name
in areas such as-c~mputers, e ui ment 0
Skill Level
o Beginner 0 I ntermediste
D Beginner D Intennediale
Beginner Intermediate
Beginner Intermediate
Fair Slight
FBir Slight
F.ir Slight
Fair Slighl
Please list the Ian ua
S eak
Well
DWell
Wefl Fair D Slight
[;;1 Well D Fair D Slight
Advanced
Advanced
Advanced
Advanced
ADDITIONAL SKILLS - Please use the space provided below to list skills not outlined above (ProfeSsional
affiliations. membershi s, ublications, honors & awards, milita service volunteer ex erience
Craated and imph.mented: Highland$ County Homeless Coalition, Florida'.. Heartland Rural Consortia for the
Homeless (6 county COC), Heartland HOME Consortium (6 county), Heartland Community Land Trust (3
counties). Please see resume.
Revl;Jt!TJ 2/1.3107
REFERENCES (EXCLUDING FORMER EMPLOYERS AND RELATIVES)
Reference Type Name
Personal Mark Nixon" DCA
[gJ Professional
Street Address Telephone Number Title
26SS 5hl)ftlcu'd Oaks Blvd. 85Q.922.1895 Community Asslstange Consultant
Tallahassee, FI 323g9-
2100
09/22/2007 15:15
8534555251
~ Personal
I2i:I Profe..ioMI
Lynn Topel
Florida' HurUBnd
REDI
lIIon1oze Snyder, PhD.
PO Ilox 1196
Sebring, FL 338'11.1196
~ Personal
o Professional
E.rl~am Collogo
all1 National Rd. West
RIchmond. IN 47374
I2i:I Personal
o Profossional
Andrew Jllekson
150 N. Commerce Ave.
Sebring. FL 33870
AGENCY WIDE QUESTIONS
The purpose of the following questions is to obtllin additional job-related information to evaluate you for the position you are
applying fOf, or to provide us with statistics need8d to 9valuiilt. our rscruitmQnt program a.G WAn 26 to prepsr", itatl$tical report&
retluired by Federal, State and locftl agencies. NOTE: Affirmative 8n.twen to th8 question. b9low do not constitute .n
automatic bar to employment. Provide all the reelS so that an informed decl!;lon may be made. An intention....' omission or
flJltdfiCIJti()n of 8ng~ 9ither verbally or in wdtinu ffllty r9sult in no consid9fl1tion or, after Mt'@, termination of
employment
Have you ever been employed uMer any othe~r'n'ames? If
yes. please list: Penny Jessel
Have you ever been convicted or found guilty . W Yes
of a cnminal offense (felony or first degree t8J No
misdemeanor onlv)?
Have you ever entered a nolo'contendre or no
contest plea 10 a felony or f.rst degree
~d.emeanor?
Have you ever had adjudication withheld in a
criminal offense (felony or first degree
~_demeanor oniv)?
Have you ever received a traffic citation,
including citations for speedlng'l
Age~~'Fi
N&..)i\",
863.385.'100
863.835.1536 - Coli
Ei(6ClJtive Director I
" UI "-
765.983.1'26 - Office Professor
765.914.4382 - COil Chair of MaAIIgement Studies
863.362.3686
Attorney
Highlends County Commissioner
.-. . ._~- -
If yes, please explain'
1 0 Yes If yes, please explain:
llXJ No
"-'-'---'~'---;;- .-----
I [J Ves If yes, please explain:
! IXJ No
I
:1 ~Yes
i DNO
Are there any felony or first degree misdemeanor criminal
charges currently pending against you, other than non-
criminal traffic violations?
Have you ever been involved in a situation
invclving workplace violence?
To the besl of your knowledge. have you ever
been the subject of any complaints. charg'," or
iawsuits for unlawful harassment or unlawful
discrimination?
HgvQ you ever been <:IisCharged or forced to
resign for misconduct or unsatisfactory
performance?
Have you ever been employed by Collier
County Board of County Commissioners. or
any otner Collier County Constitutional Officer
Aaenev?
Is a member of your immediate family or
householo employed by the Board of County
Commisslonere?
How did you learn of this position?
Were you in the US Armed Forces?
Did you receive any special miliiary training?
gYes
I8J No
S! Yes
r8J No
DYes
(8J No
WYes
r8J No
bjYes
IZJ No
11 yes, plesse explsin:
Five years ago (I think)
i
I
I
i
D ve. I8J NO
If yes, please explain:
_~ . 'm" ....... . . ..... .....
If yes, pleil\>e give dilte\>, employer, and circumstances
and outcome:
If yes, please explain the circumstances:
If so, please list department name and dates
employed.
If so, please list department name:
bl Newspaper D Radio J-:!Professional Journai U Job Hotline
D Walk-in I8J Internet D Other (please list)
b! Yes llf 50. please list branch of service and dates of duty:
[>g No i
i
If yes, please provide details:
/terised lI1jt()7
B9/22/2BB7 15:15
8634656261
Agend
Have ou reviousl been em 10 ed throu h Veteran's Preference in the State of Florid.? Yes
Do you wish to claim Veteran's Preference at this time? Ye~ t8l No
If you claim Vetel'ltn's Preference, you must submit the requir&d documentliltion at the time you apply for
.--- employment (in eccordance with Florida Law, you must provIde a copy of yOur DD214). You may present thIs
document In person, mail it to ourofffce at 3301 c. Tamiami Trail, Blr/g B, Nap/8$, Florida 34112, or fax it to
our office at 239.774-8455. If you have any questions on Veteran's Preference, pleas. call our office at 239-
774-1460.
May we conldct your present employer if you
~re under serious consideration? t8l Yes.. D N~
Please list all ~liltes of residence during the
la~t ten ears: Florida. VI inie
/
---
(
Revised l/lJ/07
09/22/2007 15:15
8534555251
Age~~1'. 2~2~1ii
Please Read Cerefully Before Signing
Applicant's Certification And Aareement
I UNDE~STAND and agree that, except es specifically prohibita<! by Stete law or COIJnty ordinance or regulation, all County polici.s
and proc&dur~ do not create any property rights in employmentj and that employment may b8 .8rminat9d by either the employee
or lhe County at any time with or without cause.
I CERTIFY that all informptiOl1 given on thi~ employment application. related employment papers nnd all interviews are true and
correct. I understand that the County may m8k~ a thortjugh investigation of my character, reputation, past employment, medical
history, motor vehicle records and my criminal conviction background consi.tent with federal and slal.law. I autholize the giving
;Olnd r"cqi\ling of eny sue,", information requested by the County (Including fin:andal and credit rocords) and here-by relieve and
release all form8r employers and their agents of any liability for any information they may give to the County. I hereby waive any
I1ghts or claims I may have whether present fully developed or not against Collier County anti Irs agents anCJ emplo~s artslng out
of or resulting from the release. authorized or unauthorized, of the following ir'lformetion received pU~lJant to or in connection with
the County's handling, processing, investigating, etc" of my application for employment with the County.
I UNDERSTAND that if hired, I will be plOilcild on a 6-month probationary period. I further undarstand that if in acoordance with the
Floride Stalue Section 443,131 (3)(a)(2), I am terminated for unsatisfactOlY work performance within 3 monihs, the employer's
unemployment account shall not be charged for unemployment benefits paid (0 me.
I AGREE that jf Collier County emploY$ (fie, a future pot"ntlal employer may contact the County or its repr.esentatives concernfng
my work record and my work performance at the County. I hereby consent to and au1holize persons emplOyed by the County to
divulg8 any and all inform<;ltion thay consider relevant to any perM" representing themeelvee to be 3n employer or potential
p.;mployer of mine with respect ~o my work. r6'cord and/or performance of my job at Collier County. I under$tand that all inforrne1il,.ln
provided herein Is publIc record end I~ ~ubj!:!d to review upon request.
I AGREE to submit to testing to determine the presenr..e or absence of alcohol or illegal controlled substances in my body under
whatever legal pOliCies or procedures Collier Ccur"lfy has in effect on the $ubject at the time testing is required.
I AGREE to post~Offer testing if requested, and undera.tand that failure to meet any job-related medical and/or health requirements,
with or without reasonabte accommodations enabling me to perform the essential functions of the job, may prevent employment by
the County.
I UNDERSTAND that all employees who do not have a wnMen employment contract ara employed at the will of the County and that
all offelli of employment are contingent upon successful completion of aU tlflck.grnund investigations which may include, but ere not
limited to. employer and non-employer references, fingerprinting and, where applicable, post-offer te$ting.
I UNDERSTAND that Collier COl,.mty will not tolerate sexual and other farms of unlawful harassment. I understand that I have the
affirmative obligation to report It I ~1$O understand that unlawful harassment is grounds for disciplinary action up to and including
immediate dismissal. Addt1iOnE!lty, I understand that falsjfication of any information so given or other derogatory in1'orm~(jon
discovered as a result of thlslnvestlgatton may subject me to imrnedii.'lte c1i:smiMal.
I UNDERSTAND that, based upon the job duties I perform during the course of my tenure w~h Collier County Govemment, I may
be subject to posl-employment restlictions
I UNDERSTAND Ihal in the event of a declared state of emergency, I may be called to work days or hours other than those for
which I am regula~y scheduled.
I AGReE that should I beeome an emploY6e of Collier County, upon termination of employment, I shall return ell County property.
'NOTE: 111e Provisions of the Fa" Credit Reporting Act may be applicable if a credn repOl1 on the applioent Is obtained and
. consideted.
I unde",u.nd and agree to an the
Date: ('
Appi,cant Name (please
Applicant Si~nature:
ltevlstd 2/Jj.f)7
09/22/2007 15:15
8634656261
Agendjl>AI!lfn r-./~ 1 $\A
Octooe-r 23, ~bLJ7
Page 20 of 29
Penny Phillippi
66] Lake June Road, Lake Placid, Florida 33852
863.465.6261" 863.441.5043 .. E-mail: rustVlJennvrw.comcast.net
PROFESSIONAL EXPERIENCE
('
November 2000 -Present
Housin!1 Director. Highlands County Board of County Commissioners
o Plan, schedule, assign, review, and coordinate conunm1ity development. Coordinate programs
with other County departments, public and private organizations to develop innovative
programs toward revitalization. Develop improvement plans for targeted neighborhoods.
o Catalyze community change, i.e., developed a Neighborhood Preservation and Enhancement
Improvement District, Highlands County Homeless Coalition, a six county rural Continuum of
Care (the first in the Nation), a six county HOME Investment Partnership Consortia (HOME)
Participating Jurisdiction (PJ) and the three county Heartland Conununity Land Trust, Inc.).
. Write, establish and implement programs with the responsibility of ensuring adequate and
affordable housing for present and future County residents and for households with special
needs in accordnnce with the Housing Element of the Comprehensive Plan, Land Development
Regulations, the Loeal Housing Assistance Plan (LHAP) and the six-county Consolidated Plan.
o Re,p,m,iblt: for [eceip~ allocation, expendi tun:, evaluation, leveraging and !he management of
the State Housing Initiatives Partnership (SHIP) Program, Small Cities Community
Development Block Grants (CDBG) (Housing, Economic Development and Community
Revitalization), HOME, USDA Rural Development and other programs associated with
Highlands County's maintenance and enhancement of designated communities. Ranked
Nwnber I in Innovation CategolY [or the $5 million Community Workforce Housing
Innovation Pilot Program (CWHIP).
. A disaster ready position tequired to manage a stonn shelter, access damages, and plan for,
garner funds lllld inlp1ement post disaster housing replacement and repair.
('
July 1995 - June 2000
Senior Associate and Director of Social Investment.. The Gray Group L.L.C.
o Consultant and grant writer, responsible for directing The Gray Group's Southeastern
operations for affordable housing programs such as HOME, SHIP, State Apartment Incentive
Loan (SAlL) Program, and CDBG; and social service programs such as Community Services
Block Grant (CSBG). In this capacity, coordinated affordable housing development and
community building for governmental, non-profit and for profit sponsors.
o i\s principal lead for HOPE VI CommW1ity Development and Supportive Services and Family
Self-Sufficiency programs in Florida and the Southeast, created, developed and implemented a
flagship Family Self-Sufficiency Program that received the National Association of Housing
and Redevelopment Officials (NAHRO) 2000 Award and received the Department of Housing
and Urban Development (HUD) Best Practices 2000 Award. Contracts included:
o State of Florida, Department of Community Affairs, Commm1ity Services Block
Grant Program (CSBG), designed the State program, trained Community Action
Agencies (statewide) and wrote both the Model and the State Community Action
Plan.
o Cities of Norfolk and Portsmouth combined successful 1998 Empowerment Zone
Application.
09/22/2007 15:15
8534555251
Agend,.A~ N<t.;1M
OctOBer 23. 2007
Page 21 of 29
PENNY l'IDLLIPPI
raKe Two
July 1990" July 1995
Planner, Research and Technical Assistance/Affordable Housing Catalyst Unit, Division of Housing
and Cormnunity Developmcnt, BUIeau of Community Development, Florida Department of
Community Affuirs (DCA)
· Managed and monitored training and technical assistance contracts on SHIP, HOPE, and
HOME training and technical assistance programs.
· Researched and assisted in drafting the Affordable Housing in Florida report to the Florida
Legislature, 1991-1994.
· Provided research for the State Comprehensive Housing Affordability Strategy (CHAS).
. Conducted, prepared and updated the annual Inventory ojPublicly Owned Lands and Buildings
for affordable housing. .
. Analyzed Strategic Policy Plans for the Regional Planning Councils to ensure compliance with
Florida Administrative Code a.nd Flo,'ida Statutes.
· Revjewed Small Cities CDBG applications from local governments for compliance with local
and state Comprehensive Plans.
. Audited Housing Element portions ofJocal government Comprehensive Plans and maintained
an informational database.
. Implementation of workshops, public speaking engagements, and training and technical
assistance throughout Florida for the myriad of state housing programs.
Community Assistance Consultant, DCA.
. Negotiated, managed, and monitored Weatherization Assistance Program (W AP) and
FJoridaFix contractual agreements between the state and local governments and non-profits
such as Community Action Agencies, Urban Leagues illld Economic Development
Commissions.
· Provided training and technical assistance to meet OMB requirements for successful audits,
. application of energy conservation and indoor air quality techniques, start-up training,
lcvcraging of funds, and partnership development.
July 1989 - July 1990
Weatherization Specialist and FloridaFix Coordinator, Central Florida Commj.Ulity Action Agency (a
Florida non-profit).
· Developed, marketed and implemented the pilot retrofit FloridaFix Program. Marketed the
program to churches, civic organizatiDns, and local governments via' presentations and the
media. Prepared successful grant requesls. lru;f"'Cted homes, estimated repairs, purchased.
materials, supervised contractors and volunteer construction crews.
. Provided community outreach for the W AP and FloridaFix to three of Florida's rural counties.
09/22/2007 15:15
8634656261
Age~~to~ 2~:~~~
Page 22 of 29
~
, i
PENNY PIULLIPPI
Page Three
July 1981 - December 1988
Assistant Store ManalZer. K-Mart Corporation.
. Participated with store manager in the supervision of 150 employees and all aspects of retail
store operations in five stores in and around Central Florida.
May 1979 - November 1981
Mi"rant Outreach Representative. State of Wisconsin, Department of Health and Social Services,
Division of Economic Assistance.
. Provided bilingual outreach and referral for medical assistance, Food Stamps, and AFDC to
Mexican and Mexican American migrant farm worker families during their ~tay in two of
Wisconsin's cOlUlties.
Clients Services Assistant
. Managed the Federal Energy Assistance Program for Marinette County, Wisconsin.
Teacher/Counselor, Alnedca's Futurej Inc.
. Developed a bilingual program of education and assimilation for male, unaccompanied, minor
Cuban refugees from the Marial Boat Lift of 1980 in group homes for delinquent males.
1'-
January 1978 - December 1979
Research Assistant, Native American Rights Fund.
. Conducted ethnohistorical research to provide original, historical documentation to the La
Court Orielles Band of Chippewa Indians. This material was used during a legal struggle for
water rights to the reservation.
August 1977 - May 1978
Teacher, Kelly Brook Elementary School (two room lUIaI school), Oconto Falls Public School
System, Oconto Falls, Wisconsin,
. Taught all subjects for grades three and four.
COMPUTER SKILLS
Proficie.nt in Word Petiect Suite and Office Vista Microsoft 2007. Celtified Web Master.
EDUCATION
University of Wisconsin, Green Bay, 1978
BA in Humanistic Studies, Dual Major, Education and Anthropology
Florida State University, Graduate Studies in Cultural Anthropology
(-
AFFILIATIONS
Heartl.and Community Land Trust, Executive Booxd, 2007
South Florida Regional Planning Council CEnS Committee, 2007
Sebring Ridge Museum, Execntive Board 2006-2007
Highlands County Coalition for the Homeless, Inc., Executive Board, President 2002-2006
Florida's Heartland Rural Consortia for the Homeless, Inc., Executive Board, President 2003-2006
09/22/2007 15:15
6634656261
Agend<i>JJB;:n N'?J 1,4,1\
Octooer 23, ~O~7
Page 23 of 29
PENNY PHILLIPPI
l'llge Foul'"
Affiliations cont...
NeighbOthood Lending Partners of West Florida, Advisory Board, Member
Christian Contractots Association, Inc., Advisory Board, Member
ReBuilding Together, Inc., Advisory Board, Member
West Florida Regional SHIP Steering Committee, Member 2000 - Present
Florida Community Developmenr Association, Inc., Member
American Friends Service Committee (Southeastern Region Executive Committee - 1994)
Florida Housing Coalition, Board Member - 1990
Enrolled member of the Cherokee Nation of Oklahoma
PUBLlSHED MATERIALS
Native Voices published in Common Groulld, The Delta Endangered Spring 1996, vol. 1 (1), Penny
Jesse! htt!':/ Iwww.nos.gov&istorv/archeologv/cg1vollnuml/yojces.htm
Disaster: Hurricane Andrew and the Miccosukee published in Anthropologists and lndians in the
New South. Rachel Bonney and Anthony Paredes, editors (University of Alabama Ptess, 2001),
Penny Jessel. http://www.tJapress.ua.edu/NewSearch2.cfin?id=10929 This book received the
presligi<)lJ~ honor of "Academic Title ofrhe Year for 2002."
REFERENCES
Highlands COlUlty Commissioner Andrew Jackson
Attorney at Law
150 N. Commerce Ave.
Sebring, FL 33870
863.382.3686
ajackson@digital.net
Mr. Jim Polatty, Development Services Director.
Highlands COlUlty Board of County Commissioners
501 S. Commerce Ave., Sebring, FL 33852
863.402.6653
jpolatty@hcbcc.org
Mark Nixon, Financial Specialist
Florida Department of Community A ffair~
Community Development Block Grant Program
2555 Shumard Oak Boulevard
Tallaha:;see, PI 32399-2100
850.922.1895
mark.nixon@dca.s late.fl. u~
09/22/2007 15:15
8634655251
Agendq,~ ~/~4f\
October 23",02007
Page 24 of 29
PENNY PHILLIPPI
Page Five
References coni."
Ms. Charmaine Wilson Gray, Vice-President
The Gray Group, L.L.c.
5234 Village Way, Amelia Island, Florida 32034
904.261.6499
GrayIsle@aol.com
Ms. Louise Bert, Executive Director
Community Action Agency
Miccosukee Tribe oflndians ofFIDrida
Tamiami Trail, Miami, Florida
305.223.8380 Ext. 2231
Monteze M. Snyder, rhD, Director
Ronald L. McDaniel Chair of Management Studies
Earlham College
801 National Road West
Richmond, IN 47374 USA
765.983.1426 office'" 765.966.0227 homc*** 765.914.4382 cell
http://www.earlham.edu/-snydemo http://www.carlham.cdu/-mgmt/
Guardian Community Resow-ce Management, Inc.
PO Box 189
Mascotte, FL 34753
352.429.4570
www.guardiancrm.com
Susan Cook Warmer, PhO.
Warmer & Associates
2200 Lakeview Drive
Sebring, FL 33870
863.402.0967
Lyrm Topel, Executive Director
Florjda'~ Heartland REnT, Inc. Regional Office
P,O. Box 1196
Scbring, Florida 33871-1196
Phone: 800,620.3602 or 863.385.4900
Fax: 863-385-4808
llopcl_ Ihredi@heartland-workforce.org
Agenda Item No. 14A
October 23, 2007
Page 25 of 29
EMPLOYMENT AGREEMENT BETWEEN
PENNY PHILLIPPI AND THE BOARD OF THE
COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY
THIS AGREEMENT is made and entered into this day of , 2007,
by and between the Board of the Collier County Community Redevelopment Agency (the
"CRA Board"), and Penny Phillippi.
In consideration of the mutual covenants herein contained, the parties do agree
as follows:
1. APPOINTMENT OF THE IMMOKALEE REDEVELOPMENT AREA
EXECUTIVE DIRECTOR: Pursuant to action taken by the CRA Board at its
October 23, 2007 meeting, ("Director") was selected to
be the Executive Director of the Immokalee Community Redevelopment
Area ("ICRA"), effective December 3, 2007.
2. DUTIES: The Director shall perform the functions and duties typical of a
person in the position of a Director of a Community Redevelopment
Agency, including but not limited to:
a. Director shall act as the Chief Administrative Officer of the ICRA.
reporting to and responsible to the CRA Board and be responsible for
the day to day implementation of the ICRA programs and activities
including ICRA staff selection and supervision. This shall be
accomplished in close cooperation with the County Manager's Office
and County Departments.
b. Director shall devote full time efforts to the CRA and its mission.
c. Director shall perform such other associated and legally required
duties and functions, as the ICRA Board shall direct.
d Director agrees to perform all such functions and duties, faithfully,
competently, professionally and promptly to the best of the Director's
ability.
e. Director, at the direction of the CRA Board and the Board of County
Commissioners, may be required to carry out the promotional aspects
of the Enterprise Zone which geographically encompasses the
Immokalee Community Redevelopment Area.
3. AGREEMENT LENGTH. The initial term of this Agreement with the Director
shall be for two (2) years from the date of execution of this Agreement, with
three (3) three year renewals upon approval of the CRA Board and the
Director.
4. PERFORMANCE EVALUATION: After one year of employment the CRA
Board agrees to review and evaluate the performance of the Director on an
annual basis prior to the CRA budget adoption. The CRA Board shall
provide the Director with a written summary statement of the findings of the
Board and provide adequate opportunity for the Director to discuss her
evaluation with the CRA Board. Based upon said review and the
Agenda Item No. 14A
October 23, 2007
Page 26 of 29
performance evaluation, Director's annual base salary may be adjusted by
an amendment to this agreement approved by the CRA Board and the
Director.
5. RESIGNATION: In the event Director voluntarily resigns her position with
the CRA Board, then the Director shall give the CRA Board a minimum of
ninety (90) days written notice in advance, unless the parties agree to
waive such notice requirement.
6. SEVERANCE TERMS AND CONDITIONS: In the event Director is
terminated by the CRA Board without cause, the CRA Board agrees to pay
Director an amount equal to three (3) months of Director's base
salary.
In the event Director is terminated by the CRA Board with cause, then the
Director shall not be entitled to any severance. The term, "with cause", shall
include the Director's resignation submittal; failure, neglect or refusal to
come to work despite being in good health; conviction of a felony crime; the
inability to perform his duties as defined herein; consistent substandard
performance; violation of any local State and federal sexual harassment or
unlawful discrimination laws.
7. ANNUAL BASE SALARY: Director shall be paid for his services rendered
pursuant hereto at the rate of eighty five thousand dollars ($85,000) per
year, payable in bi-weekly installments on the same dates as professional
employees of Collier County Government are paid.
8. BENEFIT PACKAGE: CRA Board agrees to provide a comprehensive
benefit package for Director equal to that which is currently provided to
professional personnel of Collier County Government.
9. SICK, VACATION, PERSONAL AND HOLIDAY LEAVE: Director shall
accrue sick, vacation, personal and holiday leave at the same frequency
and with the same carryover and other limitations, if any, as currently
provided to professional personnel under Collier County Government's Pay
Plan. Director will also receive a payout for all accrued but unused vacation
time consistent with the County Manager's Policies and Procedures
regarding payment of benefits at separation.
10. DUES AND SUBSCRIPTIONS: CRA Board agrees to pay for the
reasonable and customary professional dues and subscriptions of Director
necessary for her continued professional participation, growth and
advancement, including national and state professional organizations.
11. PROFESSIONAL DEVELOPMENT: CRA Board agrees to pay the
reasonable and customary travel and subsistence expenses (in accordance
with applicable Florida law), for Director and his staff's travel and
attendance at any meetings and conferences, which the CRA Board shall
approve.
2
Agenda Item No. 14A
October 23, 2007
Page 27 of 29
12. AUTOMOBILE: Because of the distance between Immokalee and Naples
and other locations related to the carrying out of CRA business and the
need for the Director to be present in Naples on a regular basis to execute
the functions and duties of the Director, the Director shall be paid a monthly
car allowance in the amount of five hundred dollars ($500) for the use of
her personal car to carry out the duties related to the Director.
13. RESIDENCY: The Executive Director has agreed to reside within the
Immokalee Enterprise Zone #1101 within six (6) months of the date of hire
and continue such residency during the entire duration of her employment
with the CRA Board.
14. GENERAL PROVISIONS:
The provisions of this Agreement constitute the entire understanding
between the parties. Only the representations and understandings
contained herein shall be binding upon the CRA Board and the Director.
No other representations or understandings are binding on the CRABoard
and the Director unless contained in a subsequent, duly adopted and
executed written Amendment to this Agreement.
15. GOVERNING LAW This Agreement shall be governed by the laws of the
State of Florida.
15. VENUE: Director and the CRA Board agree that the sole venue for any
disputes arising under this agreement shall be the Twentieth Judicial Circuit
in and for Collier County, Florida in Naples, Florida.
16. SEVERABILITY: Should any provision of this Agreement be declared by a
court of competent jurisdiction to be invalid, the same shall not affect the
validity of the Agreement as a whole, or any part thereof, other than the part
declared to be invalid.
17. EFFECTIVE DATE OF THIS AGREEMENT: The Agreement shall become
effective upon execution.
IN WITNESS WHEREOF, the Collier County Community Redevelopment Agency,
County of Collier, State of Florida, has caused this Agreement to be signed and
executed on its behalf by its Chair, and duly attested to by its Clerk and approved as to
form and legal sufficiency by the CRA Board General Counsel, and the Director has
signed and executed this Agreement, that day and year first written.
3
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
Approved as to form and
Legal sufficiency:
Agenda Item No. 14A
October 23, 2007
Page 28 of 29
COLLIER COUNTY
COMMUNITY REDEVELOPMENT AGENCY
BY:
Donna Fiala, Chair
AGREED TO AND ACCEPTED
FOR THE DIRECTOR
BY:
Penny Phillippi
Scott Teach
Assistant County Attorney
4
Item Number:
Item Summary:
Meetlng Date:
Page 1 of I
P\'~enrla Item No. 14A
October 23, 2007
P,lge 29 of29
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONt,HS
14/,.
Ihis Ilern to he heard on en aftel 3:00 p.nl He'.'.r.rrlll'cHlrJlti..-,n IhOlI it"I' C':JI1HTIlmity
Rf:ljI}V'~lopltlenl A,lency app,ove arHJ (",:~CllL:, ,11," l"'i'W~dlf'''' Rr,rj"'.',,,lrJf.lIIl('lll A'ea
FX8clilive Direclor E:mpl'_'','II'''"I)1 A.rJr("("n'C,llll:"~''.'i~dlllw COnllllUll'(Y P~develr)rmiJl1t A!jf'llcy
(\:1-1/\) <llld Penny F'l1illil-lPi (Thol11as GlrJel1wo<lcl. PI"h::ipi'li PlilflllP! ~>JIl'~)leh[l';siv'O
Plillllltnq.)
:itCJ.'~'J()7 8:()O:()(j ,1M
Li31~~
l'nllllredHy
rhomf.lgOrnGlw>'Ood
CornmlJ1llly[lpvf>lopn1eflt&
Env;rollOTlIHllnl S~rvll'~s
f'rillc;pillrl,IttI1()!
C,-""pr'_lh~I1Siv" ['1<1 :1"119
IOili2fJ07:2:575lIPM
IJdt'J
Apllroved By
Mik"Sosi, Alep
COlllnlllnilylkv')lop"'('lltl't.
f:'n'liro"'ll"'nlnISf.'I'l'ic"
IOrinclpJI P!Jl)I1~1
lnnil1n ~. L~mlll"v' 101""1<'''1 R~'/i"w
:,hIi7'JI,',' 1'-:;5dr,,]
'\PllrnvclllJ)
::'.1l,.
Will'l<>Flc:,l"w,nt
,,'{>'ct:Ii'," "",r,IT(."I)'
(:t:dTl",.",I')-' oP"/Piol ",,,"t ,0, G'-ll"n"'"it'll1pv~I"pn'r'I1I:I.
1-''''iir'Jn'n~nj.,-'1 <0., '''','100- i"':''''''~I1!'iI <;r.,,',';cce .'\timil1
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BO~l'd of County
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C"'-!nty l\II~",;g'!r
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Agenda Item No. 16A 1
October 23, 2007
Page 1 of 14
EXECUTIVE SUMMARY
Recommendation to approve the Release and Satisfactions of Lien for payments
received for the following Code Enforcement actions.
OBJECTIVE:
To approve execution and recording of the Release and.. Satisfactions of Lien,
acknowledging compliance and recovery of fines and fees related to prosecution of Code
Enforcement matters.
CONSIDERATIONS:
Reference Owncr of Record Property Address Lien
Amount
OSM CO-
2005030001 Saul and Elsa Garcia 305553'" Street SW $105.00
OSM 2006-070385 Dalpheus D. Christopher 407 .Iones Street, Immokalee FL $137.30
OSM 2006050033 Jaime CJutierrez 3152 Poinciana Dr, Naples FL $132.51
OSM 2004100746 Pompil io Labra 5211 Raintree Lane $342.50
OSM 2006040608 Clairvoyant & Genete Dume 1072 San Rcmo A venue $201.22
OSM 2005110103 Father and Son Tile and Marble. Inc 4990 Golden Gate Parkway $195.63
OSM 2005090073 Vicki L. Abrams 4955 Barcelona Circle, Naples FL $156.90
OSM 2004110136 Jose Acosta 219744'1. Tcnace SW $101.03
OSM 2006040685 Maria M. Alfaro 3444 Carson Lakes Circle $135.60
OSM 2006010694 Xhemali and FI uturake Ahmati 5222 Broward Street $204.92
CEB 2005-11 Miguel and Daima Fernandez 222842'" Street S.W. $378.77
TOTAL $2,091.3 8
FISCAL IMP ACT:
Costs incurred by the County are costs of recording the Release and Satisfactions of Lien
estimated 10 be $10.00 per release, totaling $110.00, which is budgeted and available in
the current fiscal year Code Enforcement budget.
GROWTH MANAGEMENT IMP ACT:
This request will have no impact on the County's Growth Management Plan.
.-
LEGAL CONSIDERATION:
This request has been reviewed for legal sufficiency and has no outstanding legal
considerations.
Rev 12/06
Agenda Item No. 16A 1
October 23, 2007
Page 2 of 14
RECOMMENDA nON:
That the Board of County Commissioners approve the Release and Satisfactions of Lien.
PREPARED BY:
Bendisa Marku, Operations Coordinator, Code Enforcement
Rev 12106
Item Number:
Item Summary:
Meeting Date:
Page I of 1
Agenda Item No. 16A 1
October 23, 2007
Page 3 of 14
COLLIER COUNTY
BOAf<D OF COUNTY COMMISSIONERS
1GA1
I:;;ecornrnendalion to applove the Release and Satisfactions of Lien for payments received for
the following Code Enforcement fictions
10/23/20079:00:00/l,M
hepal"ed By
Bendisa Marku
Community DeveJopnwllt &
Envirollnwnti'll Servic(~"
Operations Cor)rdinator
Date
Code Enforcement
10/2f2007 12:33:11 PM
Apllroved By
Joseph K. Schmitt
Comnlunity Development f~
r.: nvironm0ntFllSA rv ir:~'S
Conllllunity Ll<C'velopmellt &
Environmental S!~,.vices Adminstrator
Date
Community Upvei('pt11"mt ii,
Envin1l1tnf'llta! SNVi!:0S Admin
10/3/20079:04 AM
AplJrtJ\'ed By
Marl(,n!) 510wart
Cummunity Development &
Environmental Servicos
r~8CtlUVC ::;r'CIFiilry
Date
CClll1lnUl\ity I)f>V"IOpIHBnl 8.
En'lironll1~~nl<!i S!,'rvlcC)$ Admill.
1013/20079:3:1 AM
A))proved By
Michelle Edwards Arnold
Community Development &
Environmental Services
Code Enforcement Dimetqr
Date
Code Enforcement
10/3/200710:13 AM
"IJprnved By
JUdy Pulg
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
10/3/200710:46 AM
AplH'oved By
OMS Coordinator
Administrative Services
Applications Analyst
Date
Information Technology
1019120071:07 PM
AIJIJrOvcd Dy
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
10/10/20075:26 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10/10/20076:25 PM
Agenda Item No. 16A 1
October 23, 2007
Page 4 of 14
This instrument prepared by:
Jeff E. Wright
Assistant County Attorney
2800 N. Horseshoe Drive, Ste 301
Naples, Florida 34104
(239) 213-2939
RELEASE AND SATISFACTION OF LIEN
This is to certify that the claim of lien arising out of the Order of the Special
Master dated April 15, 2005, a certified copy of which was recorded on April 19,
2005, in OR Book 3777, Page 4045, 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 Saul and Elsa Garcia, has
been discharged in full:
Saul and Elsa Garcia
3055 53rd Street SW
Folio No.:
Cost:
Reference:
36434080000
$105.00
OSM Case No. CO-2005030001
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 Saul and Elsa Garcia, 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:
, Deputy Clerk
By:
JAMES COLETTA, CHAIRMAN
Approved as to form and
legal sufficiency:
~
Jeff. ght
^"; "' c'"~w Attom"
Agenda Item No. 16A1
October 23, 2007
Page 5 of 14
This instrument prepared by:
Jeff E. Wright
Assistant County Attorney
2800 N. Horseshoe Drive, Ste 301
Naples, Florida 34104
(239) 213-2939
RELEASE AND SATISFACTION OF LIEN
This is to certify that the claim of lien arising out of the Order of the Special
Master dated November 17, 2006, a certified copy of which was recorded on
December 5, 2006, in O.R. Book 4148, Page 1591, 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 Dalpheus D. Christopher,
has been discharged in full:
Dalpheus D. Christopher
407 Jones Street
Immokalee, FL
Folio No.:
Cost:
Reference:
56405280000
$137.30
OSM Case No. 2006-070385
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 Dalpheus D. Christopher, 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
, Deputy Clerk
By:
JAMES COLETTA, CHAIRMAN
By:
Approved as to form and
legal sufficiency:
,
Agenda Item No. 16A1
October 23, 2007
Page 6 of 14
This instrument prepared by:
Jeff E. Wright
Assistant County Attorney
2800 N. Horseshoe Drive, Ste 301
Naples, Florida 34104
(239) 213-2939
RELEASE AND SATISFACTION OF LIEN
This is to certify that the claim of lien arising out of the Order of the Special
Master dated June 16, 2006, a certified copy of which was recorded on June 27,
2006, in O.R. Book 4061, Page 3811, 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 Jaime Gutierrez, has been
discharged in full:
Jaime Gutierrez
3152 Poinciana Dr
Naples, FL
Folio No.:
Cost:
Reference:
68042640004
$132.51
OSM Case No. 2006050033
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 Jaime Gutierrez, 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:
, Deputy Clerk
By:
JAMES COLETTA. CHAIRMAN
Approved as to form and
legal sufficiency:
r ht
nt County Attorney
Agenda Item No. 16A 1
October 23, 2007
Page 7 of 14
This instrument prepared by:
Jeff E. Wright
Assistant County Attorney
2800 N. Horseshoe Drive, Ste 301
Naples, Florida 34104
(239) 213-2939
RELEASE AND SATISFACTION OF LIEN
This is to certify that the claim of lien arising out of the Order of the Special
Master dated December 16, 2005, a certified copy of which was recorded on
January 6, 2006, in OR Book 3961, Page 0777, 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 Pompilio Labra, has been
discharged in full:
Pompilio Labra
5211 Raintree Lane
Folio No.:
Cost:
Reference:
60785640000
$342.50
OSM Case No. 2004100746
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 Pompilio Labra, 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
, Deputy Clerk
By:
JAMES COLETTA, CHAIRMAN
By:
Approved as to form and
legal sufficiency:
Agenda Item No. 16A1
October 23, 2007
Page 8 of 14
This instrument prepared by:
Jeff E. Wright
Assistant County Attorney
2800 N. Horseshoe Drive, Ste 301
Naples, Florida 34104
(239) 213-2939
RELEASE AND SATISFACTION OF LIEN
This is to certify that the claim of lien arising out of the Order of the Special
Master dated May 19, 2006, a certified copy of which was recorded on June 5,
2006, in OR Book 4049, Page 1843, 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 Clairvoyant & Genete Dume,
has been discharged in full:
Clairvoyant & Genete Dume .
1072 San Remo Ave
Folio No.:
Cost:
Reference:
75560200003
$201.22
OSM Case No. 2006040608
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 Clairvoyant & Genete Dume, 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:
, Deputy Clerk
By:
JAMES COLETTA, CHAIRMAN
Approved as to form and
legal sufficiency:
Agenda Item No. 16A1
October 23, 2007
Page 9 of 14
This instrument prepared by:
Jeff E. Wright
Assistant County Attorney
2800 N. Horseshoe Drive, Ste 301
Naples, Florida 34104
(239) 213-2939
RELEASE AND SATISFACTION OF LIEN
This is to certify that the claim of lien arising out of the Order of the Special
Master dated March 3, 2006, a certified copy of which was recorded on March 20,
2006, in O.R. Book 4001, Page 0308, 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 Father and Son Tile and
Marble, Inc., has been discharged in full:
Father and Son Tile and Marble, Inc.
4990 Golden Gate Parkway
Folio No.:
Cost:
Reference:
36444000009
$195.63
OSM Case No. 2005110103
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 Father and Son Tile and Marble,
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
, Deputy Clerk
By:
JAMES COLETTA, CHAIRMAN
By:
Approved as to form and
legal sufficiency:
\
Agenda Item No. 16A 1
October 23, 2007
Page 10 of 14
This instrument prepared by:
Jeff E. Wright
Assistant County Attorney
2800 N. Horseshoe Drive, Ste 301
Naples, Florida 34104
(239) 213-2939
RELEASE AND SATISFACTION OF LIEN
This is to certify that the claim of lien arising out of the Order of the Special
Master dated February 17, 2006, a certified copy of which was recorded on
February 24, 2006, in O.R. Book 3988, Page 0992, 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 Vicki L. Abrams, has been
discharged in full:
Vicki L. Abrams
4955 Barcelona Cir
Naples, FL
Folio No.:
Cost:
Reference:
63102160005
$156.90
OSM Case No. 2005090073
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 Vicki L. Abrams, 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:
, Deputy Clerk
By:
JAMES COLETTA, CHAIRMAN
Approved as to form and
legal sufficie~cy:
~
Jeff ri ht
Assist County Attorney
Agenda Item No. 16A1
October 23, 2007
Page 11 of 14
This instrument prepared by:
Jeff E. Wright
Assistant County Attorney
2800 N. Horseshoe Drive, Ste 301
Naples, Florida 34104
(239) 213-2939
RELEASE AND SATISFACTION OF LIEN
This is to certify that the claim of lien arising out of the Order of the Special
Master dated April 15. 2005, a certified copy of which was recorded on April 19,
2005, in OR Book 3777, Page 4035, 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 Jose Acosta, has been
discharged in full:
Jose Acosta
2197 44th Terrace SW
Folio No.:
Cost:
Reference:
35774280008
$101.03
OSM Case No. 2004110136
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 Jose Acosta, 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
, Deputy Clerk
By:
JAMES COLETTA, CHAIRMAN
By:
Approved as to form and
legal sufficiency:
\
Jeff .
Assis
Agenda Item No. 16A1
October 23, 2007
Page 12 of 14
This instrument prepared by:
Jeff E. Wright
Assistant County Attorney
2800 N. Horseshoe Drive, Ste 301
Naples, Florida 34104
(239) 213-2939
RELEASE AND SATISFACTION OF LIEN
This is to certify that the claim of lien arising out of the Order of the Special
Master dated August 10, 2006, a certified copy of which was recorded on August
11, 2006, in O.R. Book 4087, Page 2473, 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 Maria M. Alfaro, has been
discharged in full:
Maria M. Alfaro
3444 Carson Lakes Cir.
Folio No.:
Cost:
Reference:
25377802408
$135.60
OSM Case No. 2006040685
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 Maria M. Alfaro, 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:
, Deputy Clerk
By:
JAMES COLETTA, CHAIRMAN
Approved as to form and
legal sufficiency:
Agenda Item No. 16A 1
October 23, 2007
Page 13 of 14
This instrument prepared by:
Jeff E. Wright
Assistant County Attorney
2800 N. Horseshoe Drive, Ste 301
Naples, Florida 34104
(239) 213-2939
RELEASE AND SATISFACTION OF LIEN
This is to certify that the claim of lien arising out of the Order of the Special
Master dated April 21, 2006, a certified copy of which was recorded on May 8,
2006, in OR Book 4032, Page 1123, 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 Xhemali & Fluturake Ahmati,
has been discharged in full:
Xhemali & Fluturake Ahmati
5222 Broward St
Folio No.:
Cost:
Reference:
62253360001
$204.92
OSM Case No. 2006010694
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 Xhemali & Fluturake Ahmati, 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
, Deputy Clerk
By:
JAMES COLETTA, CHAIRMAN
By:
Approved as to form and
legal sufficiency:
Agenda Item No. 16A1
October 23, 2007
Page 14 of 14
This instrument prepared by:
Jeff E. Wright
Assistant County Attorney
2800 N. Horseshoe Drive, Ste 301
Naples, Florida 34104
(239) 213-2939
RELEASE AND SATISFACTION OF LIEN
This is to certify that the claim of lien arising out of the Order of the Code
Enforcement Board dated April 5, 2005, a certified copy of which was recorded on
April 11 ,2005, in OR Book 3771, Pages 3457-58, 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 Miguel and Daima
Fernandez, has been discharged in full:
Miguel and Daima Fernandez
222842nd St SW
Folio No.:
Cost:
Reference:
35642840004
$378.77
CEB Case No. 2005-11
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 Miguel and Daima Fernandez, 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:
, Deputy Clerk
By:
JAMES COLETTA, CHAIRMAN
Approved as to form and
legal sufficiency:
\
ri ht
t County Attorney
Agenda Item No. 16A2
October 23, 2007
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to approve final acceptance of the water and sewer utility
facilities for Reflection Lakes, 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 Reflection Lakes, Phase 1A, 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 February 6, 2006. At that time, the value of these utility
facilities (assets) was $128,655 for the water facilities and $98,153.70 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 $226,808.70.
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.
.--'
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 Reflection Lakes, Phase 1A, and authorize
the County Manager, or his designee, to release any Utilities Performance Security
(UPS) to the Project Engineer or the Developer's designated agent.
PREPARED BY: Jodi Pannullo, Engineering Technician
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Agenda Item No. 16A2
October 23. 2007
Page 3 of 5
CERTIFICATION OF CONTRIBUTORY ASSETS" COUNTY
CG(Q)[p)'lf
PROJECT NAME: REFLECTION LAKES NAPLES PHASE 1A
LOCATION: Section 12, Township 51 South, Range 26 East, Collier County, Florida
NAME & ADDRESS OF OWNER
ENGLE HOMES
12550 NEW BRITIANY BLVD. SUITE 101
FT. MYERS , FL. 33907
TYPE OF UTILITY SYSTEM: POTABLE WATER (MA TERIALS ONLY)
ITEM SIZE QUAN. UNIT COST TOTAL
DR16 PVC WATER MAIN 10 3671 LF $15.00 $58.065.00
DR14 PVC WATER MAIN 10 230 LF $19.00 $4,370.00
DR18 PVC WATER MAIN 8" 1990 LF $13.00 $25,870.00
GATE VALVE 10" 7 EA $870.00 $6,090.00
GATE V~VE 8" 3 EA $370.00 $1,110.00
SINGLE WATER SERVICE 11 EA $200.00 $2.200.00
DOUBLE WATER SERVICE 85 EA $300.00 $25,500.00
AIR RELEASE VALVE 5 EA $1.000.00 $5,000.00
BACTERIAL SAMPLE POINTE 1 EA $450.00 $450.00
TOTAL
128,655.00
I do hereby certify that the quantities of material described above are true and accurate
representation of the actual material cost contributed to Collier County utilities, inc.
Utilities, Inc..
CERTIFY~
DANIEL J. MIKELSON
OF: MITCHELL & STARK CONST.CO.INC.
STATE OF FLORIDA )
) SS:
COUNTY OF COLLIER )
The foregoing instrument was signed and acknowledged belore me this 26TH day of SEPT.
2005 by DANIEL MIKELSON who is personally known to me and who did not take an oath.
.Et~ .-/ -,I~ SEAL:
,,'...".... Belinda Burgbacher
/"~~."~'< Commission #DD 179217
~;;. ':l::~ Expires: Jan 22, 2007
-;"~~Off~O~~" Bonded Thru
"~"~to"~,' AtJ:mt;c Bonding Co., Inc.
RECEIVED
NOV 1 0 2005
S:\JobS\14xx\1494\Dnr.",""""'..\.I...",,,...., ..1-..\1 ''''", .., ,,,,,.. ......._...0 ~~
.
~
Agenda Item No. 16A2
October 23, 2007
Page 4 of 5
CERTIFICATION OF CONTRIBUTORY ASSETS" COUNTY
PROJECT NAME: REFLECTION LAKES NAPLES PHASE 1A
(G@!Pt
LOCATION: Section 12, Township 51 South, Range 26 East, Collier County, Florida
NAME & ADDRESS OF OWNER:
ENGLE HOMES
12550 NEW BRITTANY BLVD. SUITE 101
FT.MYERS , FL. 33907
TYPE OF UTILITY SYSTEM: SANITARY SEWER (MATERIALS ONLY)
ITEM SIZE QUAN. UNIT COST TOTAL
8" PVC SEWER 8" 5281 LF $2.70 $14,258.70
MANHOLES 21 EA $1,895.00 $39,795.00
SINGLE SEWER SERVICE 6" 7 EA $300.00 $2,100.00
DOUBLE SEWER SERVICE 6" 84 EA $500.00 $42,000.00
TOTAL COST
98,153.70
I do hereby certify that the quantities of material described above are true and accurate
representation of the actual material cost contributed to Collier County Utilities, Inc.
Utilities, fnc..
CERTIFYING:
~~
OF: MITCHELL & STARK CONST,CO.INC..
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER )
The foregoing instrument was signed and acknowledged before me this26TH_ day of SEPT.
2005 by DANIEL MIKELSON who is personally known to me and who did not take an oath.
~<'~j4-
SEAL:
"';~~'';';'" Belinda Burgbacher
~:'!~.<t:\ Com:nission #DD 179217
'0";. ~.:;: Expires: Jan 22 2007
~~;;~OF~\.O~~':- Bonded Thn:
I'J"I"" Atlantic Bonding Co" Inc.
S:\JObS\14)C(\'494\DocuT1enta1JasmtneLalce\Ulilltlea\UtmtyTumover\C1tI't of Contributory ASlets. County SEWER RLN
/
Item Number:
Item Summary:
Meetlng Date:
Page 1 of J
,4genda Item No -16A2
Oc:tober23, ZOOT
Page 5 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONEF,S
llj!\2
PnLf_''''111enrJatiOI'lu IJI'Plo'ie final aGcepUwc.e of the \,,~t0; d,,(j sewer utility f;)cilil;es for
H"llerJiOI1 Lake~, f'll<lSelA
lU12};;?007 900(10 AM
I'repllretl Hy
L":;\('
JOdiPannuilo
r::otlllllunitl' De~elc)prllel1t 8-.
E'lVjro"f1H,nl~r 3ervk,,~
!I,dlllinlSl' ~Ii~e A~~I",tMlt
CDF~'C"(Jl>wrri"!1 Srr\'lc(>~
9W"WJi IU'HO,IM,l
Oa!"
Alllll'ovetl B)'
Pal1lel~ LiIJIIY
Puhtir Utilll'i~',
W~(er()p<'r'lIi(J'I~ M;lfl.1ger
\^-i,-'Il,"
'ldJI'On'L',j'P!,l
; ,~t"
ApllrH,-ed B)
,Judv Plli9 Cl1C'r~ti(}"s ^";l!i,t
J,1 11 :~ii(j7 " 1" t_ 1',1
AllpmvedBr
C",,,rnunity 1)g., ')lr"I'ITI~tlt I~ C'-,n"llunily nw.'<!b"I'Hl' Ill, I',
f:,W;I',,'lll'NIL11 S"I'I; ;f'~ "'''__ir''''nl~'ll..'1 ~;,,,\,i,.,c, ^dmill
",q,,,I0'W',io',,;n,
(;ommllllll,. j)~v"I"p'''''__nt&
Ff"ii"""m"nhl S~n '~~"
",:li-,";i0U<-l,'
Oil' "nn;t" De'ir,lOlllll.IlI/),
I.;W/;, '''''T"".r,-,I S~'-\'k~~ f\,dmln
":;:""nl')', 'O,;U'H,)
'''',1'-'
AllproHdlly
Pi\U1 M;lH:'";~,,h
Pnblic !,llil;li~c
'n.ll''-':'i,"':''''
l".','\l~.
"'I'i,'O""T'I'-AO/'I'i.
')"h'
Al'pl'ln'~d By
::;t.,ph~" L. N~\lY
Ptlhlil', Ulil;tir~
\"h~I~'.',:mer'- "II.,,'lillll', rJl~n"g"r
\,^J",t,,\"I'lln,
"':)(j'I',li,nn,",rfi
Dat\!
Allproved IJy
G. GcorgrYllmaz
PUblic Utllin~~
W~s\,,'Na!(iI Qi'C(;T,nr
'/lJ"~lgV\l"~~r
g:11.':lf)lP J,:?,! 11M
Dete
AJlprondBy
TholTI~s E, KIlCK. P_E
ComlTI\1I1ity Oeveloplll<!nt&
EnvlrOIlIlWnt.,r S~rvj,:~~
COES E"gifl~"ri"g Servlc~s Di'ed'"
CDESEngln"erlng 5""JI<:'lS
'MNI2UDtll,3EAM
Date
Appro\-'ed Dr
Roy B, Al1rlcrson. P,E
PUhllc- UWjfl~8
Pulllir. IJtilille~ E,,~)ine~rillg Dirod0r
P"I1lk Ullllfif's El1glT1~~,lna
lHI,,2iJD7 cO:! f'M
Approved IJ)'
Josepll K. .'3thmilt
C:ol11nHlI1llyOeve1oprlwl1l&
En',iT"'"mt'ntal SN'Iit"~ /l,dmlnstr~t()r
Dale
C(lI1l1lllrl1ily Develop'11{'111 II. G011i111llnily D",'~rOI'"Il'Il!-&
r:j1"I!"""'~n'nl S",vic{'5I\,rlmln
jll/(";:007 74r. ArJi
EflvirrJnll1","'nr Servkp.~
lJate
AI'llrO\-'ed Dr
OMS CoordinJtor
/l,dT11lni5tr~ti'{~ $I'rvjc~r,
)'\pplicaflol15 An~I\,5t
l"fo'ln~tl,," T..~",wl"'TY
1l1!9.'?G07 121i3 PM
DMe
Approved B)'
Marklsacksr)n
County ",'a'l,'9er'sOffi<:e
8wjgetArlalyst
om':e of M~T1~g",nf'nt & Budget
IOII~.120071141 ^M
Date
Approyed By
James V.lVlmltl
BOMd of County
C"mm;~<\;OIlP'~
Conllly M~r1~(Jer
COLlnly Manager's Office
10114/10011"1:02 AM
Agenda Item No. 16A3
October 23, 2007
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation to approve final acceptance of the water and sewer utility
facilities for Lely High School/Lely Resort 7 & 8
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 Lely High School/Lely Resort 7 & 8, 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 on April 12, 1994. At
that time, the value of these utility facilities (assets) was $87,514 for the water
facilities and $36,680 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 Water and Wastewater 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 $124,194.
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. 16A3
October 23,2007
Page 2 of 8
RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the
Governing Board of the Collier County Water-Sewer District, authorize final acceptance
of these water and sewer utility facilities for Lely High SchoollLely Resort 7 & 8, and
authorize the County Manager, or his designee, to release any Utilities Performance
Security (UPS) to the Project Engineer or the Developer's designated agent.
PREPARED BY: Jodi Pannullo, Engineering Technician
Item Numbl,lr:
ItamSummary:
Maetlng Data:
Page I of]
!;,yenua Itern No. 16A3
October 23, 2007
Page 3 of 8
COLLIER COUNTY
BOARD OF COUNTY COMM1SSIONEH&
16A3
ReC(1l1m,(,nuCltir,nloappwve!i"alacceplflr1Ceollhewaiel dl'dse...wrl,tili(\,fBG,lilies for Lely
Higr, S[:hoolll.elyHesOII7 8. 1)
IQ'23/20U7 ~I:()O:O() AM
Arl,ninisl' ~t!\I~ .^s~,15t"nl
I)at;;,
l'repRI.cdlJy
JOdi r~nn\lll(J
Co'nn"....ity O~vnlol'n'el1t &
Envlmnlll<JnlnIS"lvl<;;t:'s
CI)ESET1(J;Il'l~rln\1 SNvk:r.s
~i'l r','OI)7 11):'10:43. AI\'!
,\ppruved Ily
W3Ir.'I'0J1N,fjOIlSM"Il"UU
Ili1te
P~II1(llil Libby
Pulltic, Ulllili~5
W~t~,
"11T'~n{)7 'I:JP_ PM
Poul MaUnlt-!,c1l
INclerPlr";'1<'J1
L,'ll')
AllpnJved By
I'lrl.1lic Utilili<:~
'i'!><),:'I
',,' i" "0'.1 -r i 1 . ~',,, i\f\~
Apfll"I)ved By
:1<>1.<;
Judy ['\lill Opr,mli'"ls !'n~I'i,'.1
)"--II',,'}n{:7 i,;:I:, f'rr.
Aplll.uved B}
COlll'nulllly Dn",,j(JI"IY'r\t. ,", ConnrlOn'ly l'Jr~v,:,lop",anl!"
F"vl,-Cl,,"''!'''lnl ~;Nv;ce<, f:'1'Ii":!r1"".,,,j;oI "QI'.!ir."~ 1\[lm;11
"ilf.'pIH'nL,.JIl(lY
rul)tk!Jtllitle5
\i'Jnstr''''":'',,. Coil,,' 1i'."1S lill:ln~';("
nalO
W,.,<;I~\N"I~,
'l."'fr,",'rWI -;'I)!: r,M
;:r~m
AI'IJI'oved Hy
Mnricne StCWMt cXPclItiv(" S~cn!I.'r~
',1;201;'oni 8:19,".M
Allproved By
CfJlnrllllllity D~vn.IQprn~llt J, CO'''!llll"ily D~v.'loprnelll 8,
Er1vir''''rn''ol~1 g~rv;<;"" [=1"'iH,nl""nt,,1 S"r".;"8$ lirlrni"
(3. G~orge YIIIlHH.
Public Utlljlie~
W~$teW.~t~r Direc!or-
D<lte
W~~lrcWiltt:'r
~12'112007 1:23 AM
COES EnuillE\!rtng S~,vices DIr0clor
Date
AVllroved By
ThorTl~S E_l<uck, P.E.
COI1!rnllnit\1 Dp.vp.lopmcnt&
lCnvirnnl11p.nt,1IS,)rvlr;l?$
CUES Engtneedn,l Servl~es
~)12,1/;::007 0:37 AM
RoyB, AndlH'H)n,P_E
F'ubliclJtil;tI\'S Enginee,ingDirector
Date
Approved Hr
PlIlJllc lI[jlltie~
Publl~ Ulil;tj,,~ EIHJln"~fing
1()I<l?IlO7i.:09Pfr,1
Approved BJ'
Joseph K, S~hmitt
C0!T1mUllity De~('topme1l1 8-
Envlrolll11cnt"IServ1ccs
CCJll1Il1\mlly Devr.loprncnl&
EnvironrJlentJI Servie(!s Adtrlir1str~tor
Dahl
Comm"nlty DeVlHop,nenll'.
En"irOIl"lp.nl~t S"rvlr.e5 Adrl1in
1IlJ71,OOI7:4SAM
OM13Coordll1ator
AllPllc~liQil5 Analyst
Dete
AI)proveuB)'
Arln1inislfntiveSp.rvke~
lllforOl~tiCln T"chll()logy
101'l12()0712:5<1PM
AVP,'ovcd B)'
Marklsacksol1
COllilty Man~gel's Ottlr.e
SudgetA,,,.,lyst
D81(1
OfficI! of M~n~gcment 8. Sudyet
10110n0079::}HAM
County Manager
Dale
Appruved By
JamesV. Mudd
8oardofCouoty
COrl1lT1ls"lol1ers
County Manager's Office
1011412007 '11 14AM
M"-ro
<(0_
COOO
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Agenda Item No, 16A3
October 23, 2007
Page 5 of 8
UTILITY DEDICATION
VERIFICATION OF FINAL COST
FOR WILDFLOWER WAY ILEL Y ffiGH SCHOOL
DATE:
ENGINEER:
CONTRACTOR:
2117/1994
WILSON, MILLER BARTON & PEEK, INC.
WESTWIND CONTRACTING, INC,
SUMMARY OF SANITARY SEWER
Wildflower WaylLely High School
CONSTRUCTION
COSTS
UNIT TOTAL
ITEM' DESCRIPTION QUANTITY UNIT PRICE
1 12" PLUG VALVE WIBOX 1 EA $2,000.00 $2,000.00
2 12" PVC FORCEMAIN (C-900, CL-200) 150 LF $70.00 $10,500.00
3 AiR RELEASE VALVE 5 EA $1,250.00 $6,250.00
TOTAL S)...NITARY SEWER $18,750.00
SUMMARY OF SANITARY SEWER
Wildflower Way
CONSTRUCTION
COSTS
UNIT TOTAL
lTEM/# DESCRIPTION QUANTITY UNIT PRICE
I 12" PLUG VALVE WIBOX 3 EA $1,910.00 $5,730.00
2 12" PVC FORCEMAIN (CLASS 100) 400 LF $11.00 $4,400.00
3 12" PVC FORCEMAlN (CLASS 200) 390 LF $20.00 $7,800.00
TOTAL SANITARY SEWER 517,930.00
SUMMARY OF POTABLE WATER
Wildflower Way
CONSTRUCTION
COSTS
ITEM #
I
2
3
4
5
6
DESCRIPTION
12"PVC WATER MAIN (CLASS 150)
12" PVC WATER MAIN (CLASS 200)
FIRE HYDRANT W/6" GATE VALVE & BOX
12" GATE VALVE
TEMPORAR Y BLOW-OFF WIBACTERIAL SAMPLE PT
REMOVE EXISTING BLOW-OFF & CONNECT MAIN
QUANTITY
720
120
3
3
I
1
UNIT
LF
LF
EA
EA
EA
EA
UNIT
PRICE
$13.80
$16.00
$1,500.00
5900.00
51,500,00
$140.00
TOTAL
$9,936.00
$1,920.00
$4,500,00
$2,700.00
$1,500.00
$14000
TOTAL POTABLE WATER
520,696,00
2(\8/94 UTlLDEO.XLS.cc/\
PA.GE 1 of 2
.'
e:
Agenda Item No. 161\3
October 23, 2007
Page 6 of 8
UTILITY DEDICA nON
VERIFICA nON OF FINAL COST
FOR WILDFLOWER W A YILEL Y mGH SCHOOL
SUMMARY OF IRRlGATION
Wildflower Way
CONSTRUCTION
COSTS
UNIT TOTAL
ITEM # DESCRIPTION QUANI1TY UNIT PRICE
1 16" PVC IRRIGATION MAlN (CLASS 150) 575 LF $20.00 $11,500.00
2 16" PVC IRRIGATION MAlN (CLASS 200) 430 LF $25.00 $10,750.00
3 16" GATE VALVE 3 EA $3,000.00 $9,000.00
4 TEMPORARY BLOW-OFF 1 EA $3,500.00 $3,500.00 .-
5 6" IRRIGATION SLEEVES 790 LF $6.20 $4,898.00
6 2" IRRIGATION SLEEVES 790 FL $4.40 $3,476.00
TOTAL IRRlGATION $43,124.00
SUMMARY OF EFFLUENT
Wildflower WayILely High School
CONSTRUCTION
COSTS
ITEM #
1
2
3
DESCRIPTION
AIR RELEASE VALVE ASSEMBLY
12" PVC EFFLUENT (C-900, CL-200)
12" PLUG VALVE WfBOX
QUAm'ITY
5
234
1
UNIT
EA
LF
EA
UNIT
PRICE
$1,250.00
$66.00
$2,00000
TOTAL
$6,250.00
$15,444.00
$2,000.00
TOTAL EFFLUENT
$23,694.00
TOTAL COST
$124,194.00
7
V18f94 UTllOED.XlS.cch
PAGE 2 of 2
.
.
Agenda Item No. 16A3
October 23, 2007
Page 7 of 8
Memorandum
To:
Joe Pannullo - Engineering Technician - Engineering Services
Sherry Eaton - Engineering Technician - Engineering Services
From:
Pamela Libby - Water Operation Manager
Date:
May 18, 2007
Subject:
Acceptance of Lely High School
The Water Department has reviewed the improvements that were installed as part of the
connection of the Lely High School to the Collier County Water-Sewer District. These
improvements include the piping from the existing water distribution network through the large
meter assembly. The improvements were found to be in compliance with the Utility Standards as
were applicable at the time this system was installed.
[fyou need any additional information, please let me know.
Office of the Water Operations Manager
.
.
Agenda Item No. 16A3
October 23, 2007
Page 8 of 8
Memorandum
To:
Jodi Pannullo - Engineering Technician - Engineering Services
Sherry Eaton - Engineering Technician - Engineering Services
From:
Steve Nagy - Wastewater Collections Manager
Date:
June 1, 2007
Subject:
Acceptance of Lely High School
The Wastewater Department has reviewed the improvements that were installed as part of the
connection of the Lely High School to the Collier County Water-Sewer District. These
improvements include tying the wastewater pump station to the county collection system. The
improvements were found to be in compliance with the Utility Standards as were applicable at
the time this system was installed.
If you need any additional information, please let me know.
Office of the Water Operations Manager
Agenda Item No. 16A4
October 23, 2007
Page 1 of 6
EXECUTIVE SUMMARY
To accept final and unconditional conveyance of the water utility facility for
Tollgate Business Park II
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 Tollgate Business Park II has constructed the water facility within
dedicated easements to serve this development. See attached location map.
2) Preliminary acceptance of this water utility facility was approved by the Engineering
Services Department staff on February 17, 2006. At that time, the value of this utility
facility (assets) was $6,657.33 (see attachment[s]). Final Acceptance is in
accordance with Ordinance 2004-31, as amended.
3) Staff has recorded all preliminary acceptance documents in the public records of
Collier County, which have been reviewed and approved by the County Attorney's
office as to form and legal sufficiency.
4) The water facility has been operated and maintained by the Collier County Water-
Sewer District during, not less than, the required one (1) year warranty period.
5) A final inspection to discover defects in materials and workmanship has been
conducted by the Engineering Services Department staff and this facility has been
found to be satisfactory and acceptable.
6) The water utility infrastructure connected beyond the master meter is owned and
maintained by the owner.
FISCAL IMPACT: Approval of this Executive Summary will have no specific financial
impact. However, approval of this Executive Summary will result in the Collier County
Water-Sewer District receiving unconditional title to the utility facility, which at the time of
preliminary acceptance, had a total (undepreciated) value of $6,657.33.
GROWTH MANAGEMENT IMPACT: Approval of this Executive Summary will have no
growth management impact.
LEGAL CONSIDERATIONS: No additional legal review from the County Attorney
was required to complete this final acceptance.
.,--
Agenda Item No. 16A4
October 23, 2007
Page 2 of 6
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 Tollgate Business Park II, and authorize
the County Manager, or his designee, to release any 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:
rage;; I VII
Agenda Item No. 16A4
October 23, 2007
Page 3 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A4
To accept final and unconditional conveyance of the water utility facility for Tollgate Business
Park II.
10123120079:0000 AM
Prepared By
Jodi Pannullo
Community Development &
Environmental Services
Administrative Assistant
Date
Approved By
GOES Engineering Services
9/21120078:35:33 AM
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
Approved By
9/21/20078:45 AM
Pamela Libby
Public Utilities
Water Operations Manager
Date
Water
9/21/200710:45 AM
Approved By
Paul Mattausch
Public Utilities
Water Director
Date
Water
9/21/20071:39 PM
Approved By
Thomas E. Kuck, P,E.
Community Development &
Environmental Services
COES Engineering Services Director
Date
Approved By
GOES Engineering Services
9/24/2007 8:38 AM
Marlene Stewart
Community Development &
Environmental Services
Executive Secretary
Community Development &
Environmental Services Admin.
Date
Approved By
9128120073:12 PM
Roy B. Anderson, P.E.
Public Utilities
Public Utilities Engineering Director
Date
Public Utilities Engineering
10/2f2007 2:10 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
1017/20077:50 AM
Approved By
OMS Coordinator
Administrative Services
Applications Analyst
Date
Information Technology
10/9/200712:57 PM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
10/16/20071:11 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10/16/20072:06 PM
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Agenda Item No. 16A4
October 23, 2007
Page 5 of 6
CERTIFICATION OF CONTRIBUTORY ASSETS" COUNTY
PROJECT NAME: T01.LGA TE BUSINESS PARK n
LOCATION: SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY FLORIDA
NAME & ADDRESS OF OWNER:
GRANO CYPRESS COMMUNITIES
5672 STRAND COURT, SUITE 3
NAPLES. FLORIDA 34110
TYPE OF UTILITY SYSTEM: POTABLE WATER (MATERIALS ONL VI
I ITEM SIZE QUAN. UNIT COST TOTAL I
8 C900 OR14 C1.2oo PVC GJ PIPE 8" 38 LF S9.65 S 3B8.70
B PIIC PIPE REST 11000 SER a- 9 EA $57.62 $ 518.58
3Xll1OO DETECT TAP . WI'R B" 1 EA S38.00 S 38.00
ax12 MJ C153 LONG SLVUA 8" 1 EA $a.I.35 S a.I.3S'
8 PIIC STARGRIP SER 400ll W/ACCY B" 5 EA $38.89 S 194.45
5-1/4 va BMB HYD 3'BBURY OL UA 8" 1 EA 51.0B6.08 S 1,086.08
2PC 5UP CI VLV BX 20-25 WTR a- 2 EA S28.OO S 56.00
6 MJC153 BOLT &GSKT PK UGtAND 6" 1 EA $7.50 S 7.50
BX6 SS TAPN SLY 9.27.'.29 B".6" 1 EA $609.75 S 609.76
BMJRWOL TAPNVLVUA 6" 1 EA S503.61 S 503.61
3 BRS TAPN VLV 10-6 5" 1 EA S15.00 S 15.00
1OX8 SSTAPN SLY 11.03-11.47 10"x8" 1 EA SB59.50 S 859.50
B MJ RW OL TAPN VLV UA a- 1 EA S747.68 S 747.6B
3 BAS TAPN VLV 10.a B' 1 EA $15.00 $ 16.00
B SORll DIPS BLUE STRIPE HOPE PIPE B" 40 LF $7.85 S 314.00
BSSINS F/HDPEOIPSSOR11 S" 1 EA $47.13 S 47.13
lB SORll DIPS HDPE BLACK PIPE 16" 40 LF 529.85 51,194.00
TOTAL COST S8,857 .33
I do hereby certify lhat the quantities of material described above are true and BCCllfale
representation of the as-Installed cost of the system being conbib1Jted to Collier County
Utlllties,lnc..
Thla Document has been modlfled to l'8f18ct
rounding erroJB. The original contractor
rat:ponslble for 81gn1no this document Is no
longer In business. Therefor'll B signature
cDuld not be obtain ad.
OF:
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER )
The foregoIng Instrument was slgne<lan~ aCl<nOWladged before melhls lh. day of OMnb.o.r
2001 by ~p Is ~nallv known..t2....me and who did not take an oath.
uJllh"""".Clod~,Ill;
SEAL:
~
NOTARY P:_oU(.Sl;"fE OF FLORIDA
ltm Tiffany Howell
(II(jfQ.''.fJ Commission # DD403813
"'~'<'_~! F\.:;ires: ~,lAR. 07, 2009
D..:ll-;..!'::,.. .,: '>H'Yl'l~CIl,.lnc.
;,.~., .r
e
.
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Agenda Item No. 16A4
October 23, 2007
Page 6 of 6
CERTIFICATION OF CONTRIBUTORY ASSETS.. COUNTY
PROJECT NAI''IlE.: TOLLGATE BUSINESS PARK II
loeA TION: SECTION 35. TO'M'JSHIP 49 SOUTH, AANGE 26 EAST COLLIER COUNTY FLORIDA
NAME a. ADDRESS OF O'vVNER:
GRAND CYPRESS COM~'UNIT1ES
5672 STRAND COURT, SUITE 3
NAPLES, FlORIDA 34110
TYPE OF UTILITY SYSTEM: POTABLE WATER (MATERlAL.S ONL YI
I ITEM
8 C900 OR14 CL200 PVC GJ PIPE
8 PVC PIPE REST 1100C SER
3X1000 DETECT TAF' - V\lrR
8X12 MJ C153 lONG SL V LlA
8 PVC STARGRIP SER 4000 WIACCY
5-1/4 vo 88048 HYD 3'68URY OL UA
2PC SUP CI VLV BX 20-25 WrR
6 NJC153 BOLT &GSKTPK U GLAND
8X6 SS TAPN SlV 9.27-9.29
6 PofJ RWOL TAPN VlV UA
:3 BRS TAPN VLV JD-6
10xe 55 iAPN SlV 11.03.11.'47
B MJ RWOL TAPN VLV UA
3 BRS TAPN VlV tD-B
fl $DR11 DIPS BLUE STRIPE HDPE PIPE
858 INS FJ HOPE DIPS SDR.11
16 SDR11 DrPS HOPE BLACK PIPE
SIZE
0"
0"
0"
0"
8"
S"
6"
6"
8"x6"
6"
a"
10"x8"
B"
8"
8"
8"
16"
QUAN.
38
9
1
1
5
1
2
1
,
1
,
1
1
,
40
,
40
UNIT COST TOTAL I
IF $9.65 $356.55
EA $57.62 5518.56
EA $36.00 $38.00
EA 564.35 564.35
EA $38.89 5194,46
EA 51,086.08 $1.085.08
EA $26.00 556.00
EA S7.50 $7.50
EA $609.7:5 $609.75
EA $5Q3.61 $503.51
EA $15.00 $15.00
EA $859.50 $859.'50
EA $747.68 $147.58
EA 515.00 $15.00
LF $7.85 $314.08
EA $47.13 $'7.13
IF 529.85 $1.194,00
TOTAL COST
$6.657.24
I do hereby ceriify Ihat the quantities of material described above ate lrue and Olccurate
repr'esenlation of the as-installed cost 0' th~ system being contributed 10 Collier County
Utllitles, Inc..
CERTIFYING, ~~<-- 1l'4..""~ _. _ _
0~'~~ -Jtc.(.. ~~ I
~
~....~~~...'->. <::':'\.:;'5T~C7a..c\..;) Q.:;q .
OF'
STATE OF FLORIDA )
) SS,
COUNTY OF COLLIER )
and acknowledged bofo'e me lh' ~ of C::f "0 ;;;..005
rome dw odidn ano~da-) ~
SEAL
""""
~_y. JENNIFER LGUSTAFSON
.,. .. i MY COMMISSION. D[MO?,,~
l"->Df1\.r' EXPIRES: Maretl U.Z009
(""7) 3K<l1S3 F1or1011 ~s.n..c..com
../
Agenda Item No. 16A5
October 23, 2007
Page 1 of 5
EXECUTIVE SUMMARY
To accept final and unconditional conveyance of the water utility facility for
Tollgate Business Park III
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 Tollgate Business Park III 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 May 5, 2006. At that time, the value of this utility facility
(assets) was $5,135 (see attachment[s]). Final Acceptance is in accordance with
Ordinance 2004-31, as amended.
3) Staff has recorded all preliminary acceptance documents in the public records of
Collier County, which have been reviewed and approved by the County Attorney's
office as to form and legal sufficiency.
4) The water facility has been operated and maintained by the Collier County Water-
Sewer District during, not less than, the required one (1) year warranty period.
5) A final inspection to discover defects in materials and workmanship has been
conducted by the Engineering Services Department staff and this facility has been
found to be satisfactory and acceptable.
6) The water utility infrastructure connected beyond the master meter is owned and
maintained by the owner.
FISCAL IMPACT: Approval of this Executive Summary will have no specific financial
impact. However, approval of this Executive Summary will result in the Collier County
Water-Sewer District receiving unconditional title to the utility facility, which at the time of
preliminary acceptance, had a total (undepreciated) value of $5,135.
GROWTH MANAGEMENT IMPACT: Approval of this Executive Summary will have no
growth management impact.
LEGAL CONSIDERATIONS: No additional legal review from the County Attorney
was required to complete this final acceptance.
Agenda Item No. 16A5
October 23, 2007
Page 2 of 5
RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the
Governing Board of the Collier County Water-Sewer District, to accept final and
unconditional conveyance of the water facility for Tollgate Business Park III, and
authorize the County Manager, or his designee, to release any 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:
rage I or 1
Agenda Item No. 16AS
October 23. 2007
Page 3 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A5
To accept final and unconditional conveyance of the water utility facility for Tollgate Business
Park III.
1 Of23/2007 9:00:00 AM
Prepared By
Jodi Pannullo
Community Development &
Environmental Services
Administrative Assistant
Date
COES Engineering Services
9/21f2007 9:08:49 AM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
Approved By
9f21f2007 10:35 AM
Pamela Libby
Public Utilities
Water Operations Manager
Date
Water
9/21/200710:45 AM
Approved By
Paul Mattausch
Public Utilities
Water Director
Date
Water
9J21f2007 1:38 PM
Approved By
Thomas E. Kuck, P.E.
Community Development &
Environmental Services
COES Engineering Services Director
Date
COES Engineering Services
9f24/2007 8:40 AM
Approved By
Marlene Stewart
Community Development &
Environmental Services
Executive Secretary
Community Development &
Environmental Services Admin.
Date
9f28/2007 3:13 PM
Approved By
Roy 8. Anderson, P.E.
Public Utilities
Public Utilities Engineering Director
Date
Public Utilities Engineering
10/2/2007 2: 16 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
10n/2007 7:51 AM
Approved By
OMS Coordinator
Administrative Services
Applications Analyst
Date
Information Technology
10/9/200712:55 PM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
10/10/200711 :05 AM
AplJroved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
COllnty Manager's Office
10/15/200711:29 AM
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(233) 354-4007 PAGE: 003 OF 004
Agenda Item No. 16A5
- October 23, 2007
- !Q;(Q)!!>>;" " ,
1/23/2006 12:2R I'M
FROM: .J€pp...~""n Engin<'o'",rir,';T ,Jepp"'~"'TL El'lgin'ii..,rir,g TO: +1
CERTIFICATION OF CONTRIBUTORY ASSETS - COUNTY
PROJECT NAME TOLLGATE BUSINESS PARK III, PHASE I
LOCATION: SECTION 35. TOWNSHIP 49 SOUTH. RANGE 26 EAST END SECTION 2. TOWNSHIP 50 SOUTH. RANGE 26 EAST
NAME & ADDRESS OF OWNER
GRAND CYPRESS COMMUNITIES
5672 STRAND COURT, SUITE 3
NAPLES, FLORIDA 34110
TYPE OF UTILITY SYSTEM POTABLE WATER (MATERIALS ONLY)
ITEM SIZE QUAN. UNIT COST TOTAL I
6" Hot Tap 6" 1 EA $1,200.00 $1,200.00
6" Gate Valve 6" 1 EA $800 00 $800.00
8"X6" Reducer 8"x6" 1 EA $200.00 $200.00
8" C-900 DR18 PVC 8" 97 LF $8.00 $77600
Fire Hydrant Complete N/A 1 EA $1,75900 $1,759.00
8" MJ fittings 8" 2 EA $200.00 $400.00
TOTAL COST $5,135.00
I do hereby certify that the quantities of material described above are Irue and accurate
representation of the as-installed cost of the system being contributed to Collier County
Utilities, Inc.
CERTIFYING: ~vJav e.:mtraofi^j
/hrl J. .f.Lr~
77'/ .:r fIv '/r
SpU.i&.{-li..-S, rile.
/24/0{.
Viu J'tr'..J;cfe,,-f
OF
STATE OF FLORIDA )
)ss:
COUNTY OF COLLIER )
The foregoi.n~ ine~4ment was signed and acknowledged before me this 'd.'t ~~ay of -r CivLy{JA I"-J
~ by 'fw",t\'o IS p~sonallY known to m_e. and who did not take an oath v= 0
l6:zeCiMXA.O ~
J...oo b
SEAL
r.....-...-.........................
RAMONA ANDERSEN :
i ~U!l..-' Comr'MJD00380003 ;
: f~~~ EIlpiNIJl1312OO9:
: \1~Jt 8otlOedIhNlaoo~-4254~
: .<~;.::.,' F=lotkla No\aly Atsn_. tnc ;
1 ,.._""....0.0..............................1
Agenda Item No. 16A6
October 23, 2007
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to approve final acceptance of the water and sewer utility
facilities for The Majors, Phase II
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 The Majors, Phase II, 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 $35,316.14 for the water facilities and $91,133.65 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 $126,449.79.
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.
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 The Majors, Phase II, and authorize the
County Manager, or his designee, to release any Utilities Performance Security (UPS) to
the Project Engineer or the Developer's designated agent.
.--
PREPARED BY: Jodi Pannullo, Engineering Technician
Item Number:
ltemSummary:
Meeting Date:
Page I ot J
Agenda Item No. 16A6
October 23, 2007
Page2of5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
lbA6
Recommendalion to approve final acceptance at the water i1[ld sewer utility facilities for The
Majors, Phase II
10/23120079:00:00AM
Preparetllly
Dllt'"
Jodi Pannult~
Community O~velopment &
Environmental Servi~es
AdministrllllveAssistant
COESEn[llnl!erlngSHvlr.es
9i2112007S:lO:06AM
Date
ApllrovetlBy
Judy Pulg OperattonsAr'lnlyst
9i21120Q7111:40AM
Aplu.llvetl By
Community Development & Community Development &
'Enviwnmnntill Servlr.es Environmental Services Admin
Pmnela Libby
D,w
Pnbllcutllllles
WaterOpcralionsManager
Water
W1112Q(JlI0:,15AM
Approved Uy
Paul Mattauscl1
P\,bliclltllltles
Water DinH::tor
Date
W;Jter
Si211200i1:37PM
Date
AlllJrOvetlBy
T110mas E. KlicK. P.E.
Community Develop1ller1\ &
Envlrol1ment~1 Services
CDES Englneertng Services Director
CDESEnginl'erlng Sorvkos
!'''2!JI200111:2llAM
Date.
Approved B}'
Stephen L- Nagy
Public Utilities
WastewatHColler.tlons Managar
Wast~W~t!'r
9127i20071:09PM
Data
AIJproved Oy
G. Gl'orgeYlhm\'1:
PubllcUtifitios
W~steWaterDlreGt()r
W~steWater
9'27120071:37PM
Date
Appro\'edB}"
MJrlelleStewar!
Community Development &
EnvlrQnmeFltalServlces
Executlve S(lcret~ry
CommunIty Development &
EI1vlronmen1alServices^<tmln
9,I2ijll007J:14PM
Date
Approved By
Roy B.AmtUl5on. P.E.
PlIhlic Utilitills
PUlll1cUtllllies EI1glneBring Oil'octor
Puhltc UtilillesEngineering
1QW20D12:11PM
Approvetl Oy
JosephK.Schmitt
Community Development &
Environme!1talServlces
Community Development &
EnvironmonlalSl!rvkesAdminstrator
Date
Community Development &
Environrnf'I1I~1 Services Admin
10i7120077:52AM
Date
Appl'ovetlBy
OMS ClJonllFlator
Adrnilllslr~tivo Sl!rvICl!S
IIl'rrliCil1iOl\5 Analyst
InlormMlol1TBchl1ology
1\J,'!)"200712:5BPM
Dilt&
Appl.oved By
Mark Isackson
County M"lv.gf!r's Office
BudgelAnaJyst
Office of Managempnt /l. Budgl>t
lUi1QI20{J711:38 AM
Dale
Approved By
James V. Mu[ld
BoarOofCOIJnty
COnllll15SiollHS
County Manager
Coun1y Mall<lger'sOffice
10ItSiZOO.l11:33AM
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Agenda Item No. 16A6
October 23, 2007
Page 4 of 5
CERTIFICATION OF CONTRIBUTORY ASSETS - COUNTY
PROJECT NAME: The Majors, Phase II
LOCATION: Part of Sections 28 & 33, Township 50 South, Range 26 East
COLLIER COUNTY, FLORIDA
(G@L9>W
OWNER: Stock Development, LLC
4501 Tamlaml Trail Suite 300
Naples, FL 34103
TYPE OF UTILITY SYSTEM: WATER SYSTEM
ITEM SIZE UNIT QUAN. UNIT PRICE TOTAL
WATER
8" PVC DR -18 Water Main 8" LF 3,015 $6.38 $19,235,70
8" PVC DR -14 Water Main 8" LF 297 $8.52 $2,530.44
8" Gate Valve 8" EA 5 $560.00 $2,800.00
Permenent Bacterial Samole Point 2" EA 3 $475.00 $1,425.00
1" Double Waler Service 1" EA 26 $290.00 $7,540.00
1" Single Water Service 1" EA 7 $155.00 $1,085,00
Connect to Exist 8" Water Main (wi Long Pattern Sleeve) 8" LS .2 $350.00 $700.00
TOTAL WATER SYSTEM COST
$35,316.14
I do hereby certify that the quantities of materials described above are a true and
accurate representation of the as-installed cost of the system being contributed to Collier County Utilities, Inc.
CERTIFYING:
B IAN PENNER
Vice President
MitcheU & Stark Construction Co. Inc.
6001 Shiriey Street
Naples, FL 34109
STATE OF FLORIDA
COU OF COLLIER
t was signed and ecknowledged before me this ~ay 06 lhU
o is personally known to me and who did not take an oath.
SEAL:
~:~, RUSSB.L H. DEJONGE
,-, "'1i,." ,,' MY COMMISSION # DO 108258
;,,':'A.~ EXPIRES: Augusll1, 2006
'$f,~iif..~~~ BOOlMlThruNol8ryPublicUnderwrilel8
.
.
Agenda Item No. 16A6
October 23, 2007
Page 5 of 5
CERTIFICATION OF CONTRIBUTORY ASSETS. COUNTY
~@[FJW
PROJECT NAME: The Majors, Phase II
LOCATION: Part of Sections 28 & 33, Township 50 South, Range 26 East
COLLIER COUNTY, FLORIDA
OWNER: Stock Development, LLC
4501 Tamiaml Trail Suite 300
Naples, FL 34103
TYPE OF UTILITY SYSTEM: SANITARY SEWER
ITEM SIZE UNIT QUAN. UNIT PRICE TOTAL
SEWER
8" PVC Gravitv Sewer 0'-6') 8" LF 1878 $3.30 $6,197.40
8" PVC GraVitv Sewer 6'-6') 8" LF 929 $3.30 $3,065.70
6" PVC Gravitv Sewer 8'-10') 6" LF 161 $3.30 $597.30
6" PVC Sewer Laterals 6" EA 1393 $2.75 $3,630.75
6" PVC Single Cleanounts 6" EA 17 $95.00 $1,615.00
6" PVC Double Cleanounts 6" EA 21 $100.00 $2,100.00
Manhole CO' -6') 4' EA 9 $1,495.00 $13,455.00
Manhole (6'-8') 4' EA 6 $1,920.00 $11,520.00
Manhole C8'-10') 4' EA 2 $2,350.00 $4,700.00
Pumo Station (Complete) 6' EA 1 $42,000.00 $42,000.00
~" PVC DR-18 Force Main 4" LF 790 $2.25 $1,777.50
4" Plug Valve 4" EA 1 $275.00 $275.00
TOTAL SEWER COST
I do hereby certify that the quantities of materials described above are a true and
accurate representation of the as-installed cost of the system.
$91,133.65
CERTIFYING:
~
BRIAN PENNER
Vice President
Mitchell & Stark Construction Co. Inc.
6001 Shirley Street
Naples, FL 34109
STATE OF FLORIDA
COUNTY OF COLLIER
e fa ing instrument was signed and acknowledged before me this d1ay of ,]' JI,.d ,
y Brian Pe who is personally known to me and who did not take an oath.
SEAL:
<!""~";'''' RUSSEll. H. ~ '~'GE
,?:..~ U~
t., "Ji.' ,'1 MY COMMISSION # DO 108258
'lli'.~"" EXPIRES: AugUS11', 2006
"f'.P.f.;r..~~';l' 8ondIdTlvuNolMyNllic\Jnden1nllel$
Agenda Item No. 16A7
October 23, 2007
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to approve final acceptance of the water and sewer utility
facilities for The Majors, Phase III
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 The Majors, Phase III, 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 $12,050.90 for the water facilities and $14,327.20 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 $26,378.10.
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.
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 The Majors, Phase III, and authorize the
County Manager, or his designee, to release any 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
Ayenda Item No_ 16A7
October 2:3, 2007
Page 2 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A7
Recolnmondation to approve final acceptance of the water and sewer utility facility lor The
Majors, Phase III
10/23/20Q79:00:00AM
Date
Prepared By
Jodi Pannullo
Community Development 8-
EnvlrOllmentalServlces
^rimlnlstfatll/eAsslstant
COESEnglneerlng Services
912li20079:32:06AM
LJate
Allprovcd By
JudyPulg
Commllnlty Development &
EnvirolllllentalServlces
OperallonsAllalyst
Community Oel/elopment&
Enl/lromnentalServicosAdmln.
9i21l200710:43AM
PamelaUbby
Date
Apllro\'cd By
PtlbtlcUtllltles
WalerOperatlonsMallager
Water
91211200710:45AM
Apllro\'cd By
Paul Mattallsch
PubllclJtllltles
WaterOireclor
DatI:'
Water
912112007\:37 PM
Date
Apllroved By
Tll0mas E. Kucl<. P.E.
CommllnltyDevelopmellt&
EnvlronmonlalServices
CDEsEnglneeting Services Director
CDESEnglneF.r;ngServlces
8/25i2007'11;27AM
Date
A"lltuved By
Stephen L Nagy
PlIbli<;.Utllltles
WastewaterColll!ctions Malwger
WasteWatlOr
9127120071'11 PM
Date
Approved Gy
G,GeorgeYllmaz
Public Utilities
WasteWlIlerDlrector
WasteWater
9i271101J71:39PM
Date
Approved Il}'
Marlene Stewart
Comrmllllty Development &
EI1vironll1entlllServlces
Exect!Ul/eSecrrctary
CUlllnwllltyDevelopflwnt&
Envlrollnlenlal Servi(".es Adlllin
9,'2allOOT3:16 PM
Data
Allproved By
Roy B.Anderson, P.E.
Pllhllc UtilitieS
PlJt)lIc Utilities EIlgit1aerlng Dlr~ctor
rllhllc Utlllti€ls Engineering
10/5/20072:54 PM
Apllroved By
Joseph K. Schmllt
ComrntlllityDevelopmllrlt&
Enl/;ronmentalServices
Community Devetopl1lent&
En'"lronnHm~aIServlces A(lmillslratot
Dllte
CommunilyOeveioprnenl&
ETivifOnmpntal Services Admin
1011110077:53 AM
!.late
Approved By
OM8Coordtnll!or
Adm;nlstrallvf> Services
Applications Al1al~st
Informat!oI\Teclll1ol"HY
H119/2007'I2,SSPM
Date
Allprovell By
Ms(klsacksol\
County MlInilger'sOffice
8udge1Analyst
01tlce of Managen1NII & Budget
10/11/200TS,32AM
Dat!>
Apllroved By
James V.Mudd
Boani ofColmly
Commisslol1ers
County Milllil[Jer
Coullty ManaglOr'sOffice
10116110079:49AM
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Agenda Item No. 16A7
Oclober 23, 2007
Page 4 015
CERTIFICATION OF CONTRIBUTORY ASSETS - COUNTY
~@[P>)f
PROJECT NAME: The Majors, Phase III
LOCATION: Part of Sections 28 & 33, Township 50 South, Range 26 East
COWER COUNTY, FLORIDA
OWNER: Stock Development, LLC
4501 Tamlaml Trail Suite 300
Naples, FL 34103
TYPE OF UTIUTY SYSTEM: WATER SYSTEM
ITEM SIZE UNIT QUAN. UNIT PRICE TOTAL
WATER
8" PVC DR -18 Water Main 8" LF 1.007 $6.38 $6,424.66
8" PVC DR -14 Water Main 8" LF 87 $6.52 $74124
S" Gale Valve S" EA 2 $560.00 $1 120.00
Permanent Becterial Samole Point 2" EA 1 $475.00 $475.00
1" Double Water Service 1" EA 8 $290.00 $2,320.00
1" Sinale Water Service 1" EA 4 $155.00 $620.00
Connect to Exisl 8" Water Main (wi Long Pattern Sleeve) 8" LS 1 $350.00 $350.00
TOTAL WATER SYSTEM COST
$12,050.90
I do hereby certify that the quantities of materials described above are a true and
accurate representation 01 the as-instalied cost 01 the system being contributed to Collier County Utilities, Inc.
CERTIFYING:
~
BRIAN PENNER
Vice President
Mitchell & Stark Construction Co. Inc.
6001 Shirley Street
Naples. FL 34109
STATE OF FLORIDA
COUNTY OF COLLIER
egoing instrument was signed and acknowledged before me this ~ay of ili.KL,
Brian nn who is personally known to me and who did not take an oath.
SEAL:
......... RUSS6.1 H. oEJQllG!;,,,o
!~~~...r~\ MyCOlAMISSIOIlI001ua=u
.*' ,', EXPtRES'A\lgUS\11.WOG
~. .-:;j Bond8dlhnl~publitUNlefW1i\el$
'lJ..iif.'iI"
. -
.
.
Agenda Item No. 16A7
October 23, 2007
(C(B)~W50f5
CERTIFICATION OF CONTRIBUTORY ASSETS - COUNTY
PROJECT NAME: The Majors, Phase III
LOCATION: Pari of Sections 28 & 33, Township 50 South, Range 26 East
COLLIER COUNTY, FLORIDA
OWNER: Stock Development, LLC
4501 Tamiami Trail Suite 300
Naples, FL 34103
TYPE OF UTILITY SYSTEM: SANITARY SEWER
ITEM SIZE UNIT QUAN. UNIT PRICE TOTAL
SEWER
8" PVC Grav; " Sewer CO' -6') 8" LF 712 $3.30 $2.349.60
8" PVC Gravi " Sewer (6'-8') 8" LF 284 $3.30 $937.20
B" PVC Grav' "Sewer (B'-10') 8" LF 63 $3.30 $207.90
6" PVC Sewer Laterals 6" LF 450 $2.75 $1,237.50
6" PVC Single Cleanout 6" EA 6 $95.00 $570.00
6" PVC Double Cleanouts 6" EA 7 $100.00 $700.00
Manhole (0'-6') 4' EA 3 $1,495.00 $4,485.00
Manhole (6'-B') 4' EA 2 $1,920.00 $3,840.00
TOTAL SEWER COST
I do hereby certify that the quantities of materials described above are a true and
accurate representation of the as-installed cosl of the system.
$14,327.20
CERTIFYING:
~
BRIAN PENNER
Vice President
Mitchell & Stark Construction Co. Inc.
6001 Shirley Street
Naples, FL 34109
:fmV
SEAL:
....".... RUSSEll. H ~ ~'GE
,~'''it, .u~.
...!'JJ>.'", MYCOMMJSSIONfDD10B258
~.A~i EXPIRES: August 11, 2006
.tiif.,W Eltn>>dll1l\lNDlIIyPublic~
EXECUTIVE SUMMARY
Agenda Item No. 16A8
October 23, 2007
Page 1 of 4
Recommendation to approve final acceptance of the water and sewer utility
facilities for Mustang Island
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 Mustang Island, 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 11, 2002. At that time, the value of these utility
facilities (final cost) was $179,798.94 for the water facilities and $425,058.05 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 aoceptable.
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 $604,856.99.
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.
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 Mustang Island, and authorize the County
Manager, or his designee, to release any 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 I
Agenda Item No. 16A8
October 23, 2007
Page20f4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A8
Recommendation to approve/illal acceptance of the water and sewerutilily facilities lor
Mustang Island
10123/20079:00:0UAM
Date
ApprovedHy
Pamela Libby
Public Utllltl~':I
Wa!erOpo>ratlollsManager
Water
~121!2007 10~45 AM
DatE/
Approved By
JudyPuig
CommunIty Development &
Environmental Services
Operations AnalY':lt
Community Development &
Envirooll1entalServfcesJ\nmitl
9/21/200710:4GAM
Approved 8y
Date
Paul Mattau5cll
Public Utilities
Water Dilector
Water
9121120071:~6 PM
Date
Allproved By
Thomas E. Kuck, P,E.
Community Development &
Environmental$ervlces
COES Engineerlng Services Director
CDE"SEnglneerlng Servico>s
9124120078:40AM
Date
Appr(lnd8y
Stept\ellL Nag~
Public Utilities
WastewaterColfecllonsManager
W'1steWatpr
~12112007 1:11 PM
Date
ApllrovedBy
G. George YIIITIBZ
Pljblic Utilities
WilsteWaterDirector
Wa~teW'1t'-'r
S/2712(I071:40PM
Dale
Apprond By
MarleneStl1'WOl1
COll1rl1unlty Development &
Envlronmenj"IServlces
Executive Secretary
Community Development &
EnvlfQl1Il1ental Services Admill
9/28i20073:17PM
Date
Approved By
Roy S. Anderson P,E.
P"hll<: Ulilities
Public Utilities Engineering Director
Pljhllc Utilities Engineering
10/5/2007 ~:51 PM
ApprontlBy
Joseph K. Schmitt
Community Development &
EllvlronmenlalSetvices
CommTlllltyDeveloprnellt&
Ellvfrollmental $ervlces Adminstmtor
Date
Community Develormllnl&
Envirollln~l1tal ServIces Admin
IO/7/20077;54AM
Date
AllprO\led By
OMBCoordinator
Admlnislrall'leServlr.es
Applications Analyst
In/orlllationTectrnology
10/91200712:59 PM
Date
Approved By
Mark Isackson
Coullty Manager.s Office
BudgelAnalyst
Office of MRnagernent & 8ung!"1
10111{2007B:52AM
Date
Approved By
JamesV.Mlldd
Board 01 County
CommIssioners
COlll1tyManagH
Counly ManagBT'sOf!ice
1011G120079:52AM
.
.
Agenda Item No. 16A8
October 23, 2007
Page 3 of 4
FIlIAL FIW.
iJEllCRt'U()oj COIII'RACT UII1S PRICE COIII'RACT
QUMTIIlES COST
WASTEWA.TER
4'PVC PM C900 CL 100 2..824.00 LF 6.09 $17,19S.l6
4"PVC PM C900 CL 200 105.00 LF S.21 862..05
6" PVCFM C900 CLIOO 104.00 LF 9.80 7,879.20
6" PVC PM C900 Cl.2OO 60.00 LF 11.00 660.00
4" PLUGVALVE WJ1lI BOX 3.00 EA 532..00 1,596.00
HOT TAP EX. FM 1.00 EA 2, 148.00 2,148.00
PUMP STATION..COMPLEll! 2,00 LS 55 000.00 110,000.00
6" PVC SEWERLAlERAL 4Jm.00 LF 10.40 5I,ISS.80
6"PVC CLEANOur ISO.OO EA 173.00 25,950.00
S" PVC SANT. SEWER..~' cur 3,757.00 LF 11.76 <<,IS2.32
S" PVC SANT. SEWElL6-B' cur 1,287.00 LF 22.31 28,712.97
8" PVC SANT. SEWER..8-IO' cur 852.00 LF 25.56 21,n7.12
8" PVC SANT. SEWER Ill-IT cur 513.00 LF 27.81 14,266.53
S" PVC SANT. SEWER 12-14'CUf 115.00 LF 32.06 3,686.90
MANHOLE 4' DIA...O-6' 12..00 EA 944.00 11,328.00
MANHOLE 4' DIA. ().lI' 8.00 EA 2,8lI2.00 23,056.00
MANHOLE 4' DIAMETER 8-UJ' 3.00 EA 3,417.00 10,251.00
MANHOLE 4' DIA... Ill-IT 4.00 EA 4,109.00 16,436.00
MANH0LE4'I>IAME1l!R.. 12-14' 3.00 EA 4,728.00 14,]84.00
DROP MH OUTSIDE CONN. 3.00 EA 1,565.00 4,695.00
lV INSPECTION 1.00 LS 15,000.00 1'<000.00
SUBTOTAL $425,058.05
WATER
I" DOUBLE SERVICE W/4" PVC CASING..COMPLElE 60.00 EA 421.00 $25,260.00
." SINGLE SERVo W/4" PVC CASING..COMPLElE 30.00 EA 287.00 8,610.00
8" PVC WM C900 a.1SO 3,673.00 LF 10.30 37.831.90
S" PVC WM C900 CL200 225.00 LF 18.00 4,050.00
10" PVC WM C900 CLISO 3,512.00 LF 12.42 43,619.04
HI" PVC WM C9OOCL2OO 270.00 LF 23.00 6,210.00
a" GAlE VALVE wrrn BOX 9.00 EA 680.00 6,120.00
10" GAll! VALVE WJ1lI BOX 6.00 EA 977.00 5.862.00
S" WM TEMP. BLOW OFF 1.00 EA 1,142..00 1,142.00
10" WM TEMP. BLOWOFF 1.00 EA 1,566.00 1,566.00
FIRE HYDRANT 16.00 EA 2,237.00 35,792.00
PERM. BACT. SAMPLE PT. 2.00 LS 1,156.00 2,312.00
CONN. 10 EXIST. 12" PVC WM 1.00 LS I 424.00 1,424.00
SUBTOTAL $17'l,798.94
TOTAL PROJECr S604,856.99
VERIFICATION OF FINAL COST
MustANG ISLAND .lELY
ConsllUcled by
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Agenda Item No. 16A9
October 23, 2007
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation to authorize staff use of a Developer's Version of the Fiscal
Impact Analysis Model (FlAM) as a supplemental planning tool for internal use
only to review proposed Developments of Regional Impact (DRls), projects within
the Rural Land Stewardship Area (RLSA), projects within the Rural Land Mixed
Use Overlay, and other major developments in order to assess projected revenue
and expenditure impacts upon Collier County services
OBJECTIVE: To obtain Board of County Commission (BCG) authorization for interim
internal County Staff use of the attached "Developer's" version of the Fiscal Impact
Analysis Model (FlAM).
CONSIDERATIONS: The FlAM is an integrated financial analysis tool designed to
provide a logical and detailed framework for estimating the fiscal impact of a proposed
amendment to the comprehensive plan, proposals' for ORis and, as required by the
County's Growth Management Plan, proposals for developments within the RLSA and
RFMUD. The FlAM will also be used on an as needed basis for other larger projects
when warranted.
~
The model is deemed necessary to assist local planners, local government advisory
boards, and governing bodies to better understand the implications of proposed projects
in order to allow local decision makers a methodology to evaluate development density
and intensity options within the context of financial implications.
However, the confidence indicator of this FlAM can be expected to be in the realm of
approximately 70%. The confidence factor can increase or decrease depending on the
volatility of the assumptions that are inputed into the model. A prime example is the
absorbtion rate for housing. Therefore, it would be professionally irresponsible from a
planning practices and principles perspective to recommend that the BCC adopt the
Developers' FlAM as an "official model" for outside use by developers, petitioners, and
other applicants. Additional factors include the following:
. The Collier County-specific data, by necessity and availability, is approximately
one year behind "real time";
. The FlAM model is not a perfect supplemental planning tool because the agreed
upon assumptions included in the FlAM during the project review process, such
as the projected number of years it will take for the development to be "built out",
the land and building uses for a specific development, the rate of growth/decline
in certain County revenues and expenditures, impact fee charges, etc. will very
likely be different from what actually occurs in the future.
It is not possible to forecast, with 100% certainty, the fiscal impacts of a proposed
development upon County services, nor is it possible to predict that the proposed
development will actually occur in the time frame and physical development set forth in
the plans as approved.
--
Finally, staff has received during the past several months, and is soon expected to
receive, several applications for approval of major DRI and RLSA developments
involving thousands of acres in Eastern Collier County. These applications will include a
FlAM provided by the applicant. In the past, FlAM submittals provided by the applicant
Agenda Item No. 16A9
October 23, 2007
Page 2 of 3
have contained a substantial amount of fiscal analysis data that was found by staff to
contain incorrect Collier County-specific information which also lacked appropriate and
supportable project-specific development data. These pending projects, in addition to the
other reasons cited above, form the basis for bringing the Collier County version of the
FlAM to the Board of County Commissioners at this time for the BCC's "acceptance" as
a supplemental planning and evaluation tool to validate the developer provided FlAM
and to substantiate as much as possible the economic impact of these proposed
developments on the county's essential public services.
In summary, the County's Developer's FlAM is intended for use to assist County staff,
the Collier County Planning Commission, and the Board of County Commissioners in the
development review process. It is not intended to be used and relied upon by
developers. Moreover, this planning tool is not intended to replace master plans, plans
adopted by the Board of County Commissioners (e.g. water and sewer master plans).
Again, the Department of Community Affairs (DCA) has the following recommended
caveats on the use of the FlAM:
. FAIM should not be used as the sole reason for selecting a land use option;
. FlAM is not recommended for every land use amendment or rezoning;
. FlAM is suitable for analysis of the impact of affordable housing projects;
. FlAM is not suitable for project with intangible values such as community parks
and environmental projects.
FISCAL IMPACT: The review associated with incoming projects in the RLSA, RFMUD,
and ORis will require the services of approximately one-half FTE. It should be noted that
in most cases Comprehensive Planning Department employees are involved in some
aspect of the FlAM review as there is modeling review, economic data analysis, input,
assumption review, and other analysis required with each FlAM submittal.
CONSISTENCY WITH GROWTH MANAGEMENT PLAN: The use of this FlAM is
consistent with and in furtherance of the RLSA Overlay of the Future Land Use Element
of the Growth Management Plan which requires of an applicant to "demonstrate fiscal
neutrality" for developments in Stewardship Receiving Areas. The FlAM is also required
for Villages within the Rural Fringe Mixed Use District and for Developments of Regional
Impact. These same requirements are set forth in the corresponding implementing
sections of the Land Development Code.
LEGAL CONSIDERATIONS: This action of the Board of County Commissioners
furthers the previously approved Growth Management Plan and Land Development
Code provisions requiring the "demonstration of fiscal neutrality" for the subject
previously discussed projects.
RECOMMENDATION: That the Board of County Commissioners of Collier County
accept the Developer's FlAM as an internal planning tool only due to the unreliability
factor. Because of the length and complexity of the FlAM it has been placed on the
Comprehensive Planning Department web link for review and not attached hereto.
PREPARED BY: Thomas Greenwood, Principal Planner
2
Item Number:
Item Summary:
Meeting Date:
Page 1 of 1
Agenda Item No. 16A9
Octobet" 23, 2007
Page 3 of3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A9
Recommendation 10 authorize staff use of a Developers Version of the f'iscallmpact Analysis
Model (FlAM) as a supplemental plannillg loa! for intemaluse only to review proposed
Developments of Regional Impact (ORis), projects within the Rural Land Stewardship Area
(RLSA). projects within the Rural Land Mixed Use Overla,', and other major developments in
order to assess projected revenue and eKpenditure impacts upon Collier County services
10/23/20079:00:00AM
Date
Prepared By
Thomas Greenwood
Community Development &
EnvlronmentlllServices
PrIncipal Planner
Comprehensive Planning
1011120071:21L15 PM
Date
ApprovellBy
Marjorie M. Sllldent.SlIrllng Assistant County Attorrwy
1011120071:32 PM
Approved By
County Attorney CDunty AttorMy Office
Mike Basi, AICP
DatE'
Cornm\lnltyDeveloprnent&
Ef1Virllnrnenta!Servlces
Principal Planner
Zoning & Land DevI'lopment Review
1011i20071:45PM
Dale
Approved By
lIIl~rlenl? Stewart
COnlmunlly Dllvclopment &
EnvlrDllmentalServlces
EXl?cutlvcSecretary
Community Development &
Erwirr/flmenlaISel'vlcl?sA<1ll1ln
lQ12120074;22PM
Date
Approved By
Judy Poig
Community Development &
Environmental Services
OperlltionsAnalyst
Community Dovolopnwnt &
EI1'1ironmel1t~IServlccsA[Jrnin
IOl3120Q7S:OSAM
Approved By
RandallJ,C<;Jh'm
Community Development &
Environmental Services
Comprehl?nsivc Planning Department
Direr.tor
Date
ComprehenslvePlanl1lng
to/3120079:36AM
Approvell By
Joseph K.Schmitl
Community Devf!loprnent &
Env!rOfllllentalServlces
Community Drwelopllll1nt &
Envlrolll11cntalServlcesAdmillstrator
Date
Community Dl'v€'lopment &
ElwlronnwntafSllrvlc\1sA[lmin
10illl~007 n,06 AM
Date
Approved By
OMBCoordinator
AdmlnlstreliveServiees
AppllcallO!1sAnalyst
Informalll'!1Teehnnlagy
!mW20071:01 PM
Date
Approved By
Marktsackson
County M~lwg('r's Office
ButlgetAnalyst
Olfice of Manag\lm€'nt & Budget
10/1112011712:07 PM
Datil
AppruvellBy
Michael5111ykowski
Calmly Manager'sOffiee
Management 8. Budget Director
Office of Marlauenwnt 8. Budget
1{l115l21l073:4<:.PM
D.",
Approved By
JamcsV. Mudd
Board of County
Commissioners
Call1lty M~nager
County Manager's Office
101l6l2.007S:52PM
Agenda Item No. 16A 10
October 23, 2007
Page 1 of 2
,-
EXECUTIVE SUMMARY
Recommendation to approve a Budget Amendment to transfer funds from Fund
(131) Reserves to Community Development Administrative Fund (131) totaling
$147,972 for the update and rewrite of portions of the Collier County Laud
Development Code
OBJECTIVE: Recommendation that the Board of County Commissioners (BCC)
approve a budget amendment to transfer funds from Reserves Fund (131) to Community
Development Administrative Fund (131) to update and rewrite portions of the Collier
County Land Development Code (LDC)
CONSIDERATIONS: The Board of County Commissioners approved an Executive
Summary on September 11,2007, Item 16A26 awarding Contract #07-4105 to White &
Smith, LLC Planning and Law Group in the amount of $147,972 in order to update and
re-write portions of the Collier County LDC. Due to the close proximity of the BCC's
approval and the Purchasing Department's cut off date of September 14, 2007 for
requests to have FY07 Cost Center Encumbered Purchase Orders to roll into FY08, there
was not enough time to have the contracts signed and uploaded into SAP and have a
purchase order approved so that the budgeted FY07 funds would roll.
FISCAL IMPACT: Funds in the amount of $147,972 will be transferred from Fund
(131) Reserves to Community Development Administrative Fund (131). This action will
reduce Fund (131) Contingency Reserves from $449,900 to $301,928. Total Fund (131)
Reserves will be reduced to a total of $2,960,028.
GROWTH MANAGEMENT IMP ACT: There is no growth management impact
associated with this Executive Summary.
RECOMMENDATION: Recommendation to approve a Budget Amendment to transfer
funds from Fund (131) Reserves to Community Development Administrative Fund (13])
totaling $147,972 for the update and rewrite of portions of the Collier County Land
Development Code.
PREPARED BY: Laura Wells, Management & Budget Analyst, CDES Business
Management & Budget Office
~
Item Number:
Item Summary:
Meeting Date:
Page 1 of 1
Agenda Item No. 16A 10
October 23. 2007
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A10
Recommendation to approve a Budget Amendment to transfer funds from Fund (131)
Reserves to Community Development Admin Fund (131) totaling $147,972 for the update
and rewrite of portions of the Collier County Land Development Code.
10/23/20079:00:00 AM
Prepared By
Laura Wells
Community Development &
Environmental Services
Fiscal Tech
Date
Financial Admin. & Housing
10/1120073:06:02 PM
Approved By
Marlene Stewart
Community Development &
Environmental Services
Executive Secretary
Date
Community Development &
Environmental Services Admin.
10/2/200711:28 AM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
10/3/20079:08 AM
Approved By
Susan Murray, AICP
Community Development &
Environmental Services
Zoning & Land Development Director
Date
Zoning & Land Development Review
10/4120074:45 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
10/9120079:51 AM
Approved By
OMB Coordinator
Administrative Services
Applications Analyst
Date
Information Technology
10f10/2007 12:49 PM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
10/11/200711:30 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10/14120071:14 PM
Agenda Item No. 16A 11
October 23, 2007
Page 1 of 2
EXECUTIVE SUMMARY
Approve a budget amendment to provide funding for the County's CRS Program activities
by utilizing available Fund 111 reserves
OBJECTIVE: To approve a budget amendment to take money from the Fund III reserves and
allocate it to the appropriate Fund III cost center and object code for the Community Rating
System (CRS) Program expenses anticipated to occur this fiscal year.
CONSIDERATIONS: Collier County is a voluntary participant in the CRS Program of the
National Flood Insurance Program (NFIP). With a Class 7 rating, the County is able to provide
property owners the opportunity to receive up to a fifteen (15) percent discount on their flood
insurance premiums. However, to maintain the Class 7 rating requires County staff to undertake
certain efforts including, but not limited to, public information and noticing activities,
preparation and maintenance of a Floodplain Management Plan, activities to mitigate repetitive
flood loss properties, and ensuring new construction or reconstruction complies with the
requirements of the NFlP. Each year the County is required to submit a recertification package
to demonstrate that we are continuing to promote the NFIP at or above the level we agreed to
achieve the Class 7 rating. If we cannot certify that all these activities are fulfilled, we will lose
our rating and the accompanying flood insurance premium discount.
,-
During the process of developing and approving the FY -08 budget, the funding for the CRS
program was combined with requested additional funding for the FEMA Flood Insurance Study
and Mapping project and placed on the Municipal Services Taxing District (MSTD) General
Fund (111) Unfunded Request (UFR) list. During the finalization of the budget, that item was
not selected for funding, and thus no funding was appropriated for the continual effort required
to maintain the County's current rating status in the CRS program.
The estimated cost for the CRS Program effort in FY-08 is $51,400 which includes staff time to
complete the updating of the Floodplain Management Plan, printing and distribution of a
newsletter three times a year, repetitive loss mailings, NFIP information mailings to Realtors,
Insurance Agents and Lending Institutions, advertising and noticing for public meetings, and
Flood Mitigation Program information and assistance efforts.
FISCAL IMPACT: Funding in the amount of $51,400 is available in the Fund III Reserves
and can be transferred into the appropriate Fund 111-138110 cost center and object code set up
for the CRS program.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners approve the requested
funding in the amount of $51,400 for the CRS Program for FY-08 and authorize staff to prepare
and process the appropriate budget amendment.
~
PREPARED BY: Robert C. Wiley, P.E., Principal Project Manager
Engineering Services Department
Item Number:
Item Summary:
Meeting Date:
Page J of 1
A.genda Item No. 16A11
October 23, 2007
Page 2 012
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A11
Approve a budget amendlll(mtlo provide funding for tile Cuulltys CRS Program activities by
ulilizingilvailableFund111 reserves ($51,40Q)
10/2312Q079:UQQOAM
Date
Prepared By
RobertC.WlIf!y.f'.E
Communlly Development &
Environm~ntilIS(!rvlces
Prinlcipilf Project Manag'H
CDES Ellglnl?er1ng Services
10iS"20073;3n:41 PM
Appro~'ed By
Date
Laura Wells
Community Development &
Envirol\mentalServices
Fiscal Tech
Flnoncl(!IAdmin & Housing
IO/HI/200i 9:56AM
Date
Approved By
JudyPulg
Community Oevelopment &
Elwlrnnme.,taIS~rvICf!S
OpiJratlon~ Analyst
COt1Ullunlty Devfrlopmen~&
EnvlronlT"1I1lal ServiC(!!l Admin
10/11J/20tl710:19AM
Allprovetl By
D3t~
Marlene Stewart Executive Se(.ret~ry
Approved By
Community Dev.;lopment & Community Developmellt &
Environmental S~,vlces EnvironmfJl1tlll SerVkll$ Admin
10l10rZ007 11:37 AM
William O. Loren;:, Jr., P.E.
CornlllllllltyOevetopment&
Envlronment"IServlces
E'llvlronrnentaIServiC<,sDlreck.r
Dille
rllvironlt1entalServlces
10"11l12QOT11:54AM
Date
Apprond By
StanCIln:anowskl
Corl1nlllnity De.velopment&
EllvironrllentalServices
El\gin",~rlng Review Manager
Enginl'eringServlees
,O!10l200T 3:47 PM
Approved By
JOlleph K. Schmitt
Community Developmlll1t&
Envlronmenlal Services Actrnlll~tf"tor
Date
Environml'ntafSe'",,!ces
Community Developmllnt & Commlrnity OllvlllollmCll1 1\.
Elwir(lllm"ntaIServicesArllnin
IO/11/2ll079:29PM
Appro~'cd By
or\tBCoordinator
^dll1ll1i~tr~tlve Services
AppltciltlonsAnillyst
[jat..
Inlormati'!nTeclll1c>logy
1U1't5/200111;18AM
Date
Allllfoved By
Marklsacl,sOl1
COIJlll)' M"n~gOf'S Office
BmtgMAnalyst
Office of fJl"""g~rT1eflt & Budnef
10i1.~i2007 5:36 PM
Datil
App..ond By
Michael $lTlykows!d
COllnty M~n,,'lf;!"S Otliee
M~IBgem~nt & Budget Director
Office 01 MaJl~,Jf'm"t1! & Budget
lQ'1CI20Q',9:2QAM
Date
Ap(lrond By
JamesV.f.ludd
Board 01 County
COi11missioners
CountyMJnager
County Man~ger's Office
1Q/17120079:38AM
Agenda Item No. 1681
October 23, 2007
Page 1 of 23
EXECUTIVE SUMMARY
-
Recommendation for the Board of County Commissioners to approve a budget
amendment to transfer project funds in the amount of $395,493.67 to the Golden Gate
Parkway Grade Separated Overpass Landscape Installation (Fund 112, Project
#600067).
OBJECTIVE: To obtain approval from the Board of County Commissioners for a budget
amendment to transfer project funds in the amount of $395,493.67 to the Golden Gate
Parkway Grade Separated Overpass Landscape Installation.
CONSIDERATIONS: On November] 52005, the Board awarded bid #05-3873 to Hannula
Landscaping in the amount of $1,100,584.65 and 10% contingency in the amount of
$110,058.46. The base amount included $366,940.00 for one year of maintenance.
In order to landscape the Overpass, funding is needed for additional soil, maintenance of
traffic fees, removal of pavement and sub base unrelated to the current construction and
contingency. The base amount is $359,539.70 with a 10% contingency of $35,953.97 for a
requested total of $395,493.67. (Attachment #1) The irrigation system installation, brick
pavers, and soil installation were included in the road construction contract. The first year did
not need maintenance funding due to road construction project delays and the purchase order
was reduced to $896,643.38 and due to a change in conditions an additional $395,493.67 is
needed for the project completion.
FISCAL IMPACT: For FY 08, new money budgeted in Fund 112 is designated for capital
landscape projects. The year ending September 30, 2007 fund balance in Landscape Fund
(112) is estimated at $5,071,400 with a project fund roll from FY 07 equal to $4,732,800.
While a majority of this project roll is designated for capital purposes, a portion of these
budgeted funds rolled from FY 07 are considered maintenance dollars. Unspent maintenance
dollars will be used to provide additional budget within the Golden Gate Parkway Grade
Separation Landscape project. It is the intention of the Transportation Services Division to
identify all unspent maintenance dollars going forward and return those maintenance dollars
to MSTD General Fund (Ill) - the original source of Landscape Fund (112) dollars.
A budget amendment is required to transfer $395,493.67 from the landscape projects to the
Golden Gate Parkway Grade Separated Overpass Landscape Installation (Fund I 12, Project
#600067, Purchase order 4500056347). Funding is available within the landscape project
numbers: #600221-GG Blvd (2 Miles from the Bridge)in the amount of $107,244.24;
#600291-US41 N (YBR - Immokalee Rd.) in the amount of $51,830.19; #600701-Golden
Gate Blvd Phase 3 in the amount of $92,966.09; #620] 01-US41 E Phase A in the amount of
$47,885.20; #620121-Davis Blvd. Phase I in the amount of $38,046.20; #620181-Golden
Gate Parkway $24,769.56 ;and #600961-US41 N (Seagate Dr. - Gulf Park Dr.) in the amount
of $32,752.19 to be transferred to Project #600067 (Attachment #2).
GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact
associated with this Executive Summary.
--
RECOMMENDATION: That the Board of County Commissioners approve a budget
amendment to approve modification to purchase order 4500056347 for the Golden Gate
Agenda Item No. 1681
October 23, 2007
Page 2 of 23
Parkway Grade Separated Overpass Landscape Installation (Fund 112, Project #600067,
Purchase order 4500056347).
Prepared By: Pamela 1. Lulich, Landscape Operations Manager, Alternative Transportation
Modes
Attachments:
Attachment # 1 - Estimated Cost
Attachment #2 - Funds Available in Projects
Item Number:
Item Summary:
Meeting Date:
Page I of 1
Agenda Item No. 16B 1
October 23, 2007
Page 3 of 23
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1681
Recommendation for the Board of County Commissioners to approve a budget amendment
to transfer project funds in the amount of $395,493.67 to the Golden Gate Parkway Grade
Separated Overpass Landscape Installation (Fund 112, Project #600067).
10/23/2007 9:0000 AM
Prepared By
Pamela J. LuUch
Transportation Services
Project Manager
Date
Alternative Transportation Modes
10/9120075:12:05 PM
Approved By
Diane B, Flagg
Transportation Services
Director A TM Director
Date
Alternative Transportation Modes
10/10/20074:52 PM
Approved By
Steve Carnell
Administrative Services
PurchasingfGeneral Svcs Director
Date
Purchasing
10111f2007 9:51 AM
Approved By
Norm E. Feder, AICP
Transportation Services
Transportation Division Administrator
Date
Transportation Services Admin.
10/11/200711:30 AM
Approved By
Sharon Newman
Transportation Services
Accounting Supervisor
Date
Transportation Services Admin
10/11/20073:50 PM
Approved By
Pat Lehnhard
Transportation Services
Executive Secretary
Date
Transportation Services Admin
10/11120074:18 PM
Approved By
OMS Coordinator
Administrative Services
Applications Analyst
Date
Information Technology
10/15f2007 11 :20 AM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
10/16f2007 1:18 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10/17/20074:43 PM
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1681
Section I
i\. I>ate: 10/10/07
B. Vendor: Hannula Landscaping Inc.
C. PO No: 4500056347
I>. I>ept: E. Cost Center:
Alternative Transportation Modes 112-163652-600067
Section II
Type of Change:
A. Increase ~
B. Decrease 0
C. Close-out 0
D. Quantity 0
E. Other:
F. Budget Account No: 112-163652-600067
Reason for Change: Landscape: additional soil is needed for the medians and removal of asphalts from the medians.
There are MOT Charges since when the projcet was bid work was to be done in MCM'sMOT. We were not able to
accomplish this due to unforeseen contractor work neede to complete the project.
F. Bid No:
05-3873
G. Change Order No:
01
Description of Change! Amount:
Amount ofIncrease: $395,493.67
Amount of Decrease: $
Amount to be closed out: $t,292,137.05
Section lllA
THIS SECTION MUST BE COMPLETED
FUND: 112
COST CENTER: 163652
OBJECT CODE:
PROJECT: 600067
Section IIIB
LINE DESCRIPTION OTY U nit Price UM AMOUNT
01 PO Increase 01 395,493.67 395,493.67
Section IV THIS SECTION MUST BE COMPLETED
A. Original PO Amount B. Current PO Amount
1,2]0,643.11 896,643.38
I>. % This Change E. Cwnulative % of All Change Orders
44.t]% 44.J1%
F. Date of Change Order Approval (if applicable)
C. New PO Amount
1,292,137.05
Board Approval Date:
Agenda Item Number:
Section V
REQUESTED BY
Pam Lulich
D
SIGNATURE AUTHORITY (PER VTX UAS MANUAL)
TELEPHONE NO
(239)252-5877
DIVISION i\DMIN i\PPROV i\L (SIGNATURE)
Agenda ItIlagtlJd c)€~1
October 23, 2007
Page 7 of 23
nabizad_s
From:
Sent:
To:
Cc:
flagg_d
Thursday, October 11, 200710:44AM
Feder_N
DeLeon Liz; DickRoger: SuchslandElizabeth; lulich_P; nabizad_s; nievesblanca; PesilloAI:
Petersen_b: RichardDarryl; sillery_t; FaulknerSue
Subject: FW: delegation
Norman,
I will be out of the office October 11 (after 2pm) through October 16 (until noon) and will be available by cell
phone at (239) 253-4982. Pam Lulich will have signature authorization for the Department.
'Du-;$'. ?~. 'D_
Department of Altemative Transportation Modes
Transportation Services Division
From: flagg_d
Sent: Wednesday, August 08, 2007 12:33 PM
To: Feder_N
Ce: Deleon Liz; DickRoger; Liz Suchsland; lulich]; nabizad_s; nievesblanca; PesilloAI; Petersen_b; RichardDarryl;
sillery _t; Sue Faulkner
Subject: RE: delegation
Norman,
I will be out of the office August 9 and 10 and will be available by cell phone at (239) 253-4982. Darryl Richard will
have signature authorization for the Department.
'Du-;$'. ?~. 'D_
Department of Alternative Transportation Modes
Transportation Services Division
From: flagg_d
Sent: Friday, June 29, 2007 12: 10 PM
To: Feder_N
Ce: DeLeonLiz; DickRoger; Liz Suchsland; lulich]; nabizad_s; nievesblanca; PesilloAI; Petersen_b; RichardDarryl;
sillery _t; Sue Faulkner
Subject: FW: delegation
Norman,
I will be out of the office July 2 - July 6 and will be available by cell phone (239) 253-4982. Pam Lulich will have
signature authorization for the Department.
10/11/2007
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RE: 05-3873 GGParkway Landscaping Installation
Agenda ItePa~&. J11i!fi 1
October'23. 2007
Page 9 of 23
lulich_P
From: Bonnie L. Baer [Bonnie.Baer@collierclerk.com]
Sent: Monday, October 08, 2007 3:55 PM
To: newman_s; CummingsRhonda
Cc: HerreraGloria: lulich_P
Subject: RE: 05-3873 GGParkway Landscaping Installation
Sharon, No as long as the BCC is aware of the substantive change through the budget amendment. Thanks,
Bonnie
From: newman_s [mailto:SharonNewman@colliergov.netj
Sent: Monday, October 08, 2007 3:47 PM
To: CummingsRhonda
Cc: Bonnie L. Baer; Herrera, Gloria; lulich_P
SUbject: RE: 05-3873 GGParkway Landscaping Installation
Thanks Rhonda, Pam/Gloria, please see below for direction. Bonnie, let us know if you see any problem with
this so we can address ASAP. Thanks, Sharon
From: CummingsRhonda
Sent: Monday, October 08, 20073:45 PM
To: newman_s
Cc: Bonnie L. Baer
SUbject: OS~3873 GGParkway Landscaping Installation
Sharon:
The additional funds that are required for the installation portion of this bid will require a purchase order
modification because a purchase order was the instrument of procurement and not a Construction Services or 5
page Agreement. Therefore a purchase order modification is required to effect a change.
Since you have to do a budget amendment that requires BCC approval, it is recommended that you inform the
BCC of the purchase order modification, identifying the PO number and the bid number in the ES.
Thanks,
Rhonda
10/8/2007
Agenda Item No. 1681
October 23. 2007
~LIER COUNTY GO"RNMENTe 10 of 23
TRANSPORTATION SERVICES DIVISION
Altcraativc TraDlportatioD MocIcs Department
2885 Horseshoe Drive Saud> Naples, Florida 34104 .239-774-8192 . FAX 239.213.5899
January 17, 2006
Hannula I -ll"Q""lIping
28131 Quails Nest Lane
Bonita Springs, Florida 3413 5-6932
Attn: Mr. Dale Hannula, President
RE: Landscape Installation of Golden Gate Parkway Grade Separated Overpass
FlIlId: 313; Project Number: 600066
~";1:dl. '~n' {p.~" IJJn~~~,ll 1I1:U fl. lJ. ttt
Dear Mr. Hannula:
This letter serves as Collier County's official NOTICE TO PROCEED (NTp) to your firm to
commence with the lAntl.,..ape installation of Golden Gate Parkway GnIde Separated Overpass.
This NTP is limited to the contract not to exceed amount of $1.100.584.65.
.pa.. Ri.~L.. <ll4'~r iIIC~pq"~~f.1{ :,..,~,,~ ,f.I~FJr'~,r...!
If you should have any questions, please contact me at 213-5871.
?J:d~
Bob Petersen
Project Manager
cc: Evelyn Colon, Clerk's Finance Department Contract Specialist
Diane Flagg, Alternative Transportation Modes Director
Gloria Herrera, Transportation Budget Analyst
c
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.
.
Agenda Item No. 1681
October 23, 2007
Page 11 of 23
Page
1 / 2
HANNULA LANDSCAPING INC
28131 QUAILS NEST LN
BONITA SPRINGS FL 34135-6932
PO numborfdale
4500055347 / 12/13/2005
Conlad ponsooIToIophone
Planning D. Flagg
Our Tax Exemption no.
85-8012521830C-2
Send invoice to:
Board of County Commissioners
Attn: Finance Department
P.O.Box 413015
Naples, Fl. 34101-3015
Your_numberwttl1us
101383
Please deliver to:
LANDSCAPE MAINTENANCE
2885 SO. HORSESHOE DR.
NAPLES FL 34104
Delivery date:
Day 09/30/2005
Terms of delivery: FOB DESTINATION
Terms of payment: Net 30 Days (20 business days)
Item Material
Order qIy.
Description
Unit
Price per untt
Net value
00030
1,100,584.65000 each
Base Bid Grade Separated OVer Pass
1.00 1,100,584.65
00040 10% Contingency
110,058.46000 each 1.00
110,058.46
Total net value excl. tax
1,210,643.11
THIS ORDER SUBJECT TO THE FOLLOWING CONDITIONS:
1. ThIs ~ora.rlsc:DNIder..aID".IIngIeCOl'ltrilct. PayrNlflt IMII be...... upon corrpetICI'I oIlc11a1ort1er. Noptlr1lll~lflIlllle~lIIlUhovt~M/ltll:IftZ8Ilo.
2.Purc:ha5eons.rnlM'ltlerrrust~ona/lllMllCeS.parQgIIs.crCO'T~
3. TheCOunly,...,..,.lhengftt 1CI C8ncll1."yporllOn ofll'lls CltOetIf not lied aslPKified.
4_ PaymIrII..Obll madtonlyll'l accorlSarU wltl_ onllIr, COlT8dlonsor pr1ce~mt!l.lCl. be Il.IIhoriZIlcI bythll PutNIsing 0Ir-=r lJtiOrtolhlpm8lltotgoods.
5. o.Nc:ii.... ~~l bII pruITlltly ~mecl. youl'expenH IIfIcl CAIdIl laQn.
6. DiIall.InlS or prorT1)t payr'l8'rt1flllD be ~framdate ofr-.pt oIllClOd:s orlrom~oI NCeipl:oIlnYoi~, wh~."'.
1.1115..;rMd, tnat goods ~shaII ~w1" .1l~1, SUIte. or local ~ ~ 1helWta, I"Cl that the VendQr IMlI o.t.ndadioM-or c:bIiln$ btoughl8lld AW Nirrri.croh buyertromu.. cost, Of carr
byl'MSOf'l ofactulll cr"leg.Ginfngetnenl5of~paqII'Il
e. Unless the Vendor Inciicale5 CIlherwIse. inlliallOn of worlc shill consitute ~18nce of \he Purc:ftue Order indudil'lg aI1 at:lac:tlrrents.
i. The VfJnCD agrees 10 reif'Ttlurserrent 01 tnavel 8lCj)lW'ISeS in ao::ordanoa 'l!Illh FIotId8 SWute CtIIpt....112.Cl61, Per DiemMd T...w1 ~ of Public: OIficers. ~tI)'fleS.nCl authortzad persons.
10. All sttipmlW'llS to be FOB OeslInation.
.
EXECUTIVE SUMMARY
.
Agenda Item No. 1661
October 23, 2007
Page 12 of 23
Recommendation to award bid ;IlO5-3873 Golden Gate Parkway Grade Separated
Overpan Landscape Installation to Hannula landscaping Inc. with a base amount
of $1,100.584.&5 and 10% contingency of $110,058.... for a total of $1,210.&0.11
plus bid alternate 2a (fund 313, project #&000&&).
OBJECTIVE: To provide landscape installation on Golden Gate Par1<way Grade
Separated Overpass (Livingston Road to Estuary Blvd.). The scope of this award
includes the installation of plant material, mulch, and root barrier for Golden Par1<way
(Livingston Road to Estuary Blvd., 1.5 miles), a portion of Airport Pulling (.3 miles), and
all retention pond areas (3 acres). The award includes one year maintenance through
the installation warranty period. The bid alternate, 2a, is for the manual watering of plant
material if needed. The inigation installation is included in the road construction scope
for the Overpass.
CONSIDERATION:
1. On AugustS, 2005, the Purchasing Department &ent notices to 110 vendors for
the landscaping installation of Bid #05-3873 Golden Gate Par1<way Grade
Separated Overpass (Livingston Road to Estuary Blvd.).
2. On August 17, 2005, a mandatory pre-bid meeting was held, at which time all
prospective bidders had questions answered regarding the bidding documents
for this project.
3. On October 6, 2005, two (2) bids were received and opened. Staff reviewed the
unit pricing on the bid tab, and Hannula Landscaping Inc. was the apparent
lowest, qualified bidder.
County costs for the project include the Motorola Central Control Irrigation controllers
($31,762.97), right-of-way permitting ($600.00), Re-Use tap ($25,000), Florida Power &
Light electrical permits and connections ($53,950.00), and booster pump station
($33,043.92) for approximately a total of $144,356.89.
FISCAL IMPACT: Funds are available in the Golden Gate Par1<way Grade Separated
Overpass (Livingston Road to Estuary Blvd.), Fund 313, project number 600066. The
total award amount is estimated for the base bid amount of $1,100,584.65. Funding
approval for a 10% contingency of $110,058.46 (which may be utilized for bid alternate
2a.) is also being requested for a total of $1 ,210,643.11. _
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
RECOMMENDATION: That the Board award bid #05-3873 Golden Gate Parkway
Grade Separated Overpass (Livingston Road to Estuary Blvd.) Landscape Installation to
Hannula Landscaping Inc., approve related County costs, and authorize the Chairman to
execute the standard contract after review by the County Attorney's Office.
Prepared by: Pamela Lulich, RLA, ASLA, Project Manager, Alternative Transportation
Modes
Oct. 4. 2007 2:41PM
~!le~d~Atem iN0416B 1
. 6c1obe/ 23, 2007
Page 13 of 23
PROPOSAL
Hannula Landscaping, Inc.
Hannula Irrigation, Inc.
28131 Qualls Nest Lane
Bonita Springs, FL 34135.89~2
Phone 239-992-2210 - Fax 239-498.6818
PROPOSAL SUBMITTED TO:
Collier County Dept of Alternatlve
Transportation Modes
Attn: Mr. Bob Petersen
DATE
FAX
JOB
CITY
October 4, 2007
213.5899
Golden Gate Overpass Maintenance of Traffic
Naples
WE HEREBY SUBMIT ESTIMATES FOR THE ABOVE NAMED PROJECT IN ACCORDANCE WITH THE
SPECIFICATIONS OF THIS PROPOSAL All LABOR AND MATERIALS WilL BE FURNISHED IN COMPLETE
ACCORDANCE WITH THE SPECIFICATION OF THIS PROPOSAL
ITOTAL PROPOSED COST I $ 29,880.00 I
WARRANTY
All plant malerialls guaranteed 10 meel specifications as stated herein. Any alteration or deviation from said
specificalions involving exlra costs will ba ex"cuted only upon written orders aod will become an exlra
charge over and above the estimate. Shrubs and ground covers are guaranteed 90 days, shade trees and
palms 180 days, and sod 30 days. The Contractor will replace any planllhat dies or Is not established during
said warranty period if cause is due 10 negligence or poor workmanship by the Contractor. Maintenance of
the planting and sod after the dale of acceptance to the end of the guarantee period shall be by the Owner.
The Irrigation system on the malerials and workmanship Is guaranteed for a period of 12 months from the dale
of installation, exclUding damages by third parties, theft after Inslallatlon, or damage or loss due to an acl of
nature.
Conlractor is not responsible for any cut cables, lines, pipes, or wires that cannot be accurately located and
marked by No Cut personnel. Allerations or deviations from the above specifications will be executed only
upon written orders and will become extra charges over and above the estimate.
ACCEPTANCE OF PROPOSAL
The above prices, specifications and conditions are hereby accepted. You are authorized to do
the work as specified.
Date
Hannula Landscaping, Inc.
Oct. 4. 2007 2:41PM
PROJECT
DATE
o!>."'~l'\1ltemc"'oj:"16B1
N~ . tJctober23~ 2007
Page 14 of 23
HANNULA LANDSCAPING & IRRIGATION, INC.
BID COST
Golden Gate Overpass Maintenance of Trame
October 4, 2007
ITEM
MOT
TOTAL COST
QTY
90
DESCRIPTION
Maintenance ofTraffic
SPECIFICATIONS
days
TOTAL BID COST
$ 29,880.00
GeNeRAL NOTES:
SUBCONTRACTOR SHALL FURNISH ALL IT!MS SPECIFIED IN SCHEDULE OF VALUES. CONTRACTORJ
OWNER SHALL BE SOLELY RESPONSIBLE FOR THE ACCURATENESS OF THE PLANS AND SPECIFICATIONS
AND SHALL RELEASE HOLD HARMLESS SUBCONTRACTOR FROM ANY DAMAGES RESULTING FROM
INADEQUATE. INACCURATE, OR VAGUE INFORMATION SUPPLIEO BY THE CONTRACTOR/OWNER.
Oct. 4. 2007 2 :40PM
~ee~~ijIJtem /No. j16B1
. L eJc~ober 23. ,2007
Page 15 of 23
Hannula Landscaping, Inc.
FAX COVER SHEET
FAX 239-498-6818
Date: 10-04-07
Time: 3:00 P.M,
PleBse Deliver The Following Psges To:
Name: Bob Petersen
Company Name: Collier COW1ty A TM Department
Fax # or Location: 213-5899
Regarding: Golden Gate Ove~pass
From: Dale Hannula
# Of Pages
Including Cover Sheet: 7
IF YOU DO NOT RECEIVE ALL TlIE PAGJi:S, PLEASE CALL
DBle
AT (239) 992-2210.
Comments: Bob: Attached are the following proposals for the Golden Gate
Overpass.
1. Site Work And Soil Installation
2. Maintenance Of Traffic for the Landscape contract.
3. Clean Up of the pond areas lInd buffer along Golden Gate
Parkway.
Thank You:
Dale Hannula
Hannula Landscaping, loc. .28131 Quail, Ne't Lane. Boruta Spring., FL 34135 .
Phone (941) 992-2210 ' Pax (941)498-6818
Oct. 4. 2007 2WM
". ~nda It~m No. 1661
It,: f:n "Octdber'23. 2007
Page 16 of 23
PROPOSAL
Hannula Landscaping, Inc.
Hannula Irrigation, Inc.
28131 Qualls Nest Lane
Bonita Springs, FL 34135.6932
Phone 239-992-2210 - Fax 239498-6818
PROPOSAL SUBMITTED TO:
Collier County Dept of Alternative
Transportation Modes
Attn: Mr. Bob Petersen
DATE
FAX
JOB
CITY
October 4, 2007
213-5899
Golden Gat" Overpass Site Work & Soil Installation
Naples
WE HEREBY SUBMIT ESTIMATES FOR THE ABOVE NAMED PROJECT IN ACCORDANCE WITH THE
SPECIFICATIONS OF THIS PROPOSAL. ALL LABOR AND MATERIALS WILL BE FURNISHED IN COMPLETE
ACCORDANCE WITH THE SPECIFICATION OF THIS PROPOSAL.
ITOTAL PROPOSED COST I $ 215,647.79 I
WARRANTY
All plant material is guaranteed to meet specirications as staled herein. Any alteration or deviation (rom said
specifICations involving extra costs will be executed only upon written orders and Will become an extra
charge over and above the estimate. Shrubs and ground covers are guaranteed 90 days, shade trees and
paims 160 days, and sod 30 days. The Contractor will replace any planlthat dies or Is not established dUring
said warranly period I( cause is due to negligence or poor workmanship by the Contractor. Maintenance of
the planting and sod after the date of acceptance to the end of the guarantee period shall be by the Owner.
The ",igallon aystem on the materials and workmanShip i. guaranteed for a periOd of 12 months from the date
of inslallation, excluding damages by third parties, theft aller installation, or damage Or loss due to an act of
nature.
Contractor is not responsible for any cut cables. lines, pipes, or wires that cannot be accurately located and
marked by No Cut personnel. Alterations or deViations (rom the above specifications will be executed only
upon wrilien order. and will bacome extra charges over and above the estimate.
ACCEPTANCE OF PROPOSAL
The above prices. specifications and conditions are hereby accepted. You are authorized to do
the work as specified.
Date
Hannula Landscaping, Inc.
Oct. 4. 2007 2:41PM
~M9~4 Iterji.NcJ\ 1681
October 23, 2007
Page 17 of 23
HANNULA LANDSCAPING & IRRIGATION, INC.
BID COST
PROJECT
DATE
Golden Gate Overpass Site Work & Soillnetalliltion
October 4, 200T
ITEM QTY DESCRIPTION
SITE 1 Mow & Weed Planting Areas Before
spraying Contael Herbicide
APP 271,839 Colact Herbicide Application to Kill
Existing Grass & Weeds In Planting Beds
Before Rotor Tilling
TILL 271,839 Rotor Till Accessible Planting Beds 6-6"
Depth.
SOIL 5794 Supply & Grade Approved Fill to Crown
Medians & Planting Beds
TOTAL BID COST
SPECIFICATIONS UNIT COST TOTAL COST
LS 1786.00 1,766.0a
SF
0.04
10,87356
SF
0.07
19,028.73
CY
31.75
183,959.50
$ 215,647.79
GENERAL NOTES:
SUBCONTRACTOR SHALL FURNISH ALL. ITEMS SPECIFIE:O IN SCHEDULE OF VALUES. CONTRACTORJ
OWNER SHAlL BE SOLELY RESPONSIBLE FOR THE ACCURATEN~SS OF THE:. PLANS AND SPECIFICATIONS
AND SHAll RELEASE HOLD HARMLESS SUBCONTRACTOR FROM /<NY OAMAGES RESULTING FROM
INADEQUATE. INACCURATE, OR VAGUE INFORMATlON SUP~LIE:.D BY THE CONTRACtOR/OWNER.
Agenda Item No. 1681
October 23. 2007
Page 180123
HANNULA LANDSCAPING & IRRIGATION, INC.
BID COST
PROJECT Airport Rd Medians N&S of Golden Gate Overpass
Soil, Asphalt & Road Base Removal
DATE October 3, 2007
ITEM QTY DESCRIPTION SPECIFICATIONS TOTAL COST TOTAL COST
I Sheet IRi9 & lR2i North of Overpass existing Irrigation in Place
760 Remove Existing Soil, Asphalt & Bore cuyd 10.85 8,246.00
Rock to a 3' Depth
900 Saw Cut Asphalt lnft 1.35 1,215.00
988 Install New Topsoil cuyd 32.00 31,616.00
Alternate 4' Depth
1013 Remove Existing Soil, Asphalt & Bore cu yd 10.85 10,991.05
Rock to a 3' Depth
900 Saw Cut Asphalt In II 1.35 1,215.00
1317 Install New Topsoil cuyd 32.00 42,144.00
-{9 Sheet 1R22 North of Overpass
1575 Remove Existing Soil, Asphalt & Bore cuyd 10.85 17,088.75
Rock to a 3' Depth
1515 Saw Cut Asphalt In ft 1.35 2,045.25
2048 Install New Topsoil cu yd 32.00 65,536.00
Alternate 4' Depth
2100 Remove Existing Soil, Asphalt & Bore cuyd 10.85 22,785.00
Rock to a 3' Depth
1515 Saw Cut Asphalt In II 1.35 2,045.25
2730 Install New Topsoil cu yd 32.00 87,360.00
.--- ",
I'
/~ Sheet 1R22C North of Overpass
'.' 455 Remove Existing Soil, Asphalt & Bore cuyd 10.85 4,936.75
Rock to a 3' Depth
620 Saw Cut Asphalt In II 1.35 837.00
592 Install New Topsoil cu yd 32.00 18,944.00
Alternate 4' Depth
607 Remove Existing Soli, Asphalt & Bore cu yd 10.85 6,585.95
Rock to a 3' Depth
620 Saw Cut Asphalt In II 1.35 837.00
789 Install New Topsoil cu yd 32.00 25,248.00
1467
DESCRIPTION
Sheet IR178 & 18 South of Overpass
Remove Existing Soil, Asphalt & Bore
Rock to a 3' Depth
Saw Cut Asphalt
Install New Topsoil
SPECIFICATIONS
Agenda Item No. 16B 1
October 23, 2007
Page 19 of 23
TOTAL COST TOTAL COST
ITEMil
(IV/
QTY
cuyd
10.85 15,916.95
660
1907
In It
cuyd
1.35 891.00
32.00 61,024.00
1966
Alternate 4' Depth
Remove Existing Soil, Asphalt & Bore
Rock to a 3' Depth
Saw Cut Aspha~
Install New Topsoil
cuyd
10.85
21,222.60
660
2543
In II
cu yd
1.35
32.00
891.00
81,376.00
V Sheet IR18 & IR19 Southe of Overpass Existing Irrigation In Place
427 Remove Existing Soil, Asphalt & Bore cu yd
Rock to a 3' Depth
1120 Saw Cut Aspha~ In ft
555 Install New Topsoil cu yd
TOTAL BID COST
10.85 4,632.95
1.35 1,512.00
32.00 17,760.00
10.85 6,173.65
1.35 1,512.00
32.00 23,680.00
$ 252,201.65
$ 334,066.50
Alternate 4' Depth
569 Remove Existing Soil, Asphalt & Bore cu yd
Rock to a 3' Depth
1120 Saw Cut Asphalt In ft
740 Install New Topsoil cu yd
TOTAL ALTERNATE 4' DEPTH COST
GENERAL NOTES;
SUBCONTRACTOR SHALL FURNISH ALL ITEMS SPECIFIED IN SCHEDULE OF VALUES. CONTRACTOR/
OWNER SHALL BE SOLELY RESPONSIBLE FOR THE ACCURATENESS OF THE PLANS AND SPECIFICATIONS
ANO SHALL RELEASE HOLD HARMLESS SUBCONTRACTOR FROM ANY OAMAGES RESULTING FROM
INADEQUATE, INACCURATE, OR VAGUE INFORMATION SUPPUEO BY THE CONTRACTOR/OWNER.
Agenda Item No. 1661
October 23, 2007
Page 20 of 23
Landscape Architecture
D TRANSMITTAL
D FACSIMILE
COVER SHEET
MEMORANDUM
~&A~
Design . Environmental Management . Planning
* Consulting Arborist *
5079 ~amiami ~rail East
Naples, Florida 34113
Phone: (239) 417-0707
Fax: (239) 417-0708
E-mail: McGeeAssoc@aol.com
Date:
Attention:
To: Chris Wright, P.E. Su bject: GSO- Final Observation
Company: M&A Project No.: Golden Gate Parkway Grade
RWA Inc. Separation Project
Address 6610 Willow Park Drive, Ste. 200 Naples, FI 34109
Fax No: 597-0578 Phone: 597-0575
Number of Sheets to Follow This Cover Sheet: Original to Follow by Mail: DYes I:8J No
We are Transmitting the Following: o Letter o Proposal o Sketch o Invoice o Legal description
o Other Final Site Observation Punch List
D For approval I:8J For your use o For your information I:8J As requested o Reply is requested
Chris.
Please find attached our 10/05/07 site observation punch list comments and findings.
IrriQation Systems:
For report purposes east side of Airport-Pulling Rd. is system one and west side is system two.
General overall system findinos:
1. Valves do not have identification tags.
2. Multiple rotor zones on both systems were not operating with proper pressure or flow and a review of
two zones revealed the piping size directly downstream of the valve was installed to small for proper
flow and pressure.
3. The existing tall weeds in the medians were blocking many of the turf spray heads effecting review of
coverage.
4. Both systems had heads that were leaning and/or spraying into the roadways and need to be adjusted.
5. Upon the beginning of the observation several rotor zones had no nozzles installed and the contractor
was installing them as the observation was occurring. These zones need to be adjusted for proper
coverage and function.
6. There is concern with the location and depth of the irrigation main line in respect to the locations of the
proposed large trees and/or palms within the MSE medians. The irrigation main line was to be
coordinated with the proposed tree locations in order avoid conflicts.
System One: East side of Airport-Pullino Rd.
1. Zone C3-3 head off at sta. 438 (+/-)
2. Zone C3-7 heads not flowing
3. Zone C3-10 heads leaning
4. Zone C3-11 replace 6" hI. pop-ups with 12" ht. pop-ups
5. Zone C3-16 rotor head broken sta. 453 (+/-)
C:\Documents and Settings\luJich.J'\Local Settings\Tcmpomry Internel Files\OLK 162\Chris Wright-RW A~GSO-Final Obv ]O-OR-07,doc
Agenda Item No. 16B1
October 23,2007
6. Valves C3-21 & 22 at median sta. 476 not operating Page 21 of 23
7. Controller C-2 not functioning at time of review, zones were reviewed toward end of observation
8. exposed abandoned valve wires along north RIW need to be removed
System Two: West side of Airoort-Pullina Rd.
1. Valve C1-6 not working
2. Valve C1-24 sticking on
3. Zones C1-40,41,42,43,44 have no nozzles at time of observation, broken pipe along Ramp B in MSE
median sta. 34 (+/-)
4. Valve C1-33 sticking on
5. Zone C1-30 along abutment wall in raised planter missing line of heads
6. Valve C1-31 rotors in MSE median under bridge not fully working
7. Valve C1-29 sticking valve
8. Bermad master valve at City of Napies source connection not wired into controller
Hardscape and Landscape Elements:
General overall findings:
1. All paver areas have some amount of pavers that are not abutted directly to the back of curbing; areas
were sunken; need additional sanding between joints; need cleaning;
2. Multiple planting areas on both sides of Airport-Pulling Rd. within the MSE medians have standing
water which is not percolating out and would be considered not acceptable for plantings. Some wet
locations along the paver installations are causing the paver sub-base to fail resulting in the pavers
sinking or being pushed down as heavy equipment rolls over it. In general all the median planting
areas have compacted sub-soils which is causing poor to no percolation and if not addressed before or
during the planting operation will cause plant problems and decline.
3. Multiple medallions and friezes have paint on the outside edges that needs to be removed.
4. Paint is peeling off the caulking used around the friezes.
5. Paint missing and/or peeling along barrier walls on inside and outside.
6. Most barrier wall pilasters have white colored lines at the corners on the bottom side of the caps that
need to be reviewed as possible cracks or at least repainted to cover this if it is the caulking bleeding
through.
Ramp A:
Pork Choo Medians North side:
1. Northern must median- fill with concrete circular curbed area
2. See paver comments above for both medians
MSE Abutment Wall:
1. North side, end pilaster cap cracked on two corners
MSE Wall alona Ramo:
1. Paint touch up around friezes at sta. 15
2. 2nd pilaster on barrier wall from west end on outside is peeling
3. 5'" pilaster on barrier wall from west end cap is cracked and needs repainting
4. 6'" pilaster on barrier wall from west end multiple stones in stone texture are broken
5. Sta. 19 paint peeling on barrier walls
MSE Median Plantina Area:
1. Sta. 15 thru 17 standing water and area to wet for plantings
2. Sta. 21 thru 23 standing water along back of curbing and adjacent to MSE wall
3. Sta. 24+25 standing water at abutment wall end pilaster
4. See general comments above
Median & Raised Planter Area at Abutment Wall:
1. See paver comments above.
2. Pavers need to be cleaned under bridge
Bridae Pier Median:
1. Cap paint is peeling
2. Pavers need cleaning
3. See paver comments above
C:\Documents and Senings\lulichy\Local Settings'Temporary Internet Files\OLKI 62\Chris Wright-RWA-GSO-FinaJ Obv 1O-08.o7.doc
4. Underside of middle bridge beam is splattered with paint or concrete
5. Paint on medallion edges
Agenda Item No. 16B1
October 23, 2007
Page 22 of 23
Ramp B:
Pork Choo Median South side:
1. See paver comment above
MSE Abutment Wall:
1. Stone in stone texture missing at top on east and south sides
2. Lower cap and stones need to be cleaned
MSE Wall alono Ramp:
1. Friezes have paint on edges
2. Concrete surfaces inside the joints of the MSE wall panels that are painted green have not been fully
covered and the lighter color is showing, paint inside joints
3. Touch-up paint used on stones is not a proper match to the stone coloring
4. 4"' barrier wall pilaster from the west end has chipped stone at the top
5. Barrier wall paint peeling on outside at sta. 40+20 (+/-)
MSE Median Plantino Area:
1. Sta. 43+25 water holding along back of curb
2. Sta. 33+50 pavers damaged on west end do to curb repair
3. See general comments above .
Ramp C:
Pork Chop Medians South Side:
1. See paver comments above
MSE Abutment Wall:
1. South end pilaster lower cap corner cracked
2. South end pilaster lower cap and stone on south side needs to be cleaned
3. North end pilaster lower cap needs paint
MSE Wall alono Ramp:
1. See general comments above about paint on friezes and paint peeling
2. Sta. 57+20 (+/-) lower right corner of middle frieze is cracked
MSE Wall Median Plantino Area:
1. See general comments above about wet areas
2. Sta. 52 thru 56+50 area wet
Median & Raised Planter Area at Abutment Wall:
1. See general comments above for pavers and wet areas
2. Paver area damaged by heavy equipment crossing do to sub-base failing because of poor percolation
Bridoe Pier Median:
1. Lower pier caps need repainting
2. Center pier cap is stained and needs to be cleaned and/or repainted
Ramp D:
Pork Chop Medians North Side:
1. See paver comments above
2. Replace chipped pavers
3. Pavers missing around base of traffic signal/ped. pole
MSE Abutment Wall:
1. See general and other related comments above
MSE Wall alono Ramp:
1. See general comments above about paint on friezes and paint peeling
2. See general and other related comments above
MSE Wall Median Pfantino Area:
1. See general and other related comments above about wet areas
2. Wet areas along west end of wall, sta. 72 thru 74
Airport-Pullin!! Road:
C:'.Documents and Senings\lulich.Jl\Local Senings\Tempornry Internet FileslOLKI 62\Chris Wrighl*RWA-GSO-Final aov 1O-08..(17,doc
South Roadway Median:
1. Planting area in paver area not filled with planting soil
South Barrier Wall:
1. Road side planting area is not percolating and standing water is present around storm drain, standing
water and/or total soil saturation sta. 99 thru 101 +50
2. Paint is peeling sta. 103
3. Canal side of wall has no vegetation coverage over erosion control material
North Roadwav Median:
1. Planting area in pavers not filled with planting soil
Agenda Item No. 1681
October 23,2007
Page 23 of 23
Copies To: Trey Barclay, KCCS
Bob Petersen, CCATM
From:
Michael A. McGee, r.l.a., LS.a.
1Itid4e1?t. ~
Signature:
CONFIDENTIALITY NOTE: The information contained in this facsimile message is privileged and confidential information intended only for the use of individual or entity
named above. If the reader of this message is not the intended recipient. you are hereby notified that any use. dissemination, distribution or copy of this telecopy is strictty
prohibited. If you have received this telecopy in error, please immediately notify us by telephone and retum the original message to us at the address above via United States
Postal Service. Thank IInU.
C:\Documents and Settings\lulich""p\Local Settings\Temporary Intenlet Files\OLK162\Chris Wright-RWA-GSO-Final Obv 1O~08-07_doc
Agenda Item No. 16B2
October 23, 2007
Page 1 of 21
EXECUTIVE SUMMARY
Recommendation to approve submittal of a Total Maximum Daily Load (TMDL)
Water Quality Restoration Grant proposal to the Florida Department of
Environmental Protection for Freedom Park (f.k.a. Gordon River Water Quality
Park) in the amount of $],000,000.00 and approve that the project manager will
electronically submit the grant application.
OBJECTIVE: To receive approval of the submittal of a TMDL Water Quality
Restoration Grant proposal to the Florida Department of Environmental Protection
(FDEP) for the Freedom Park (fk.a. the Gordon River Water Quality Park) in the amount
of$I,OOO,OOO.OO.
CONSIDERATIONS: The United States Environmental Protection Agency (USEPA)
allocates grant funds through Section 319 of the Federal Clean Water Act. The FDEP's
Nonpoint Source Management Section administers these funds received by the USEPA to
implement projects which aim to reduce nonpoint sources of pollution. According to the
FDEP's Division of Water Resource Management's 2006 report on water quality, the
increasing levels of NPS pollution, particularly from urban stormwater and agricultural
activities, remains a concern that needs greater focus as Florida's rapid population growth
continues. In order to counter the detrimental environmental consequences resulting
from NPS pollution in the Gordon River Extension Basin, Collier County's Stormwater
Management Department, Transportation Services Division, seeks TMDL Water Quality
Restoration Grant funding for the purposes of implementing Freedom Park.
FISCAL IMPACT: The total project cost is $2,366,350.00. The amount requested from
FDEP is $1,000,000.00 and the local match is $216,350.00 for Collier County with an
additional $1,150,000 committed funds from the South Florida Water Management
District and Big Cypress Basin. The County matching funds are available in the
Stormwater CIP Fund 325, Project Number 51018 Gordon River Water Quality Park. If
awarded, a budget amendment will be processed to recognize grant funds.
GROWTH MANAGEMENT IMP ACT: Freedom Park is in accordance with the goals
and objectives of the Drainage Sub-element of the Growth Management Plan for Collier
County Stormwater Management.
RECOMMENDATION: That the Board of County Commissioners approve the DEP
TMDL Water Quality Restoration Grant proposal for Freedom Park, to be submitted by
the project manager electronically, in the amount of $1 ,000,000.00.
Prepared By: Cesar Nunez, Intern, Steve Preston, P.G., NPDES Project Manager,
Margaret Bishop, P.E., Senior Project Manager, Transportation Services Division,
Stormwater Management Department
-
Attachments: (1) Draft FDEP TMDL Grant Application, (2) Monitoring Plan, (3)
Location Map, (4) Site Map
Item Number:
Item Summary:
Meeting Date:
. "'5'" , VA ,
Agenda Item No. 1682
October 23, 2007
Page 2 of 21
COLLIER COUNTY
BOARD OF COUNTY COMMISSiONERS
1682
RecolllmendatiQfl to approve Sllbrnillal of a Total Ma~il1lum Daily LOOld (TMDL) Water Quality
Restoration Grant proposal to HIe Florida Department of EI1','irOnTnenta' Protection fOf
Freedom Park (H,a, Gordoll Hiver Water Qualily Park) in tI1e amount of$1000.0QQ,OO and
approve t11at the projecl manager will electronically sublllit\he grant applicalion.
1UI23i2007g:00:00AM
D,'"
Prcllaretl By
MargaretA. Bishop
Tr~115p0l1atlon Servlces
Project Mnnnyer
SlnrmwaterM;;nagement
101512007 :.<:$4,58 PM
D,'"
Approvetl By
Debra Eurom
AdministrativeSetvlr.es
Assistant GrantC'Jorrlinator
^drninistrntlveServi<;es
1013120079:17 AM
Dale
Approvetl6y
MargaretA. Bishop
TransportMlonServices
ProjaC!Ma'l<lger
Storrnw~l~r ManagemPllt
IOIll/2007 ~:57 AM
Data
Approvetl By
TheresuS!anley
Transportntion
Grants Coortllnator
TranSpoltMionAdmlnislration
1013120llT 12:5P, PM
Date
Allprovetl By
Eugene Calvert
TransportattoDsServices
Principal Pr"ject Manager
Tral1sportattonEngine<1ring and
COl1structlon Management
toI8/20071:10PM
Dilte
APPfOVetl By
Stevl!n V.Preston
Tr~n~portatton Services
Project MaMgN
StormwaterManilgemant
I018120071:42PM
Date
Approvetl By
C~roline Solo
TransportntionSf'rvlces
AdrnintstrallveAssistant
TrallSflort~tton Engineering nnd
Construr.tion
101B12007::i;Cl9PM
Date
ApllI'ovetl By
Norm E. Feder, AICP
Tmn5portatlollServicI!S
lransportationDlvlsionl\dminiEtrator
Tr~"5p(]rtatiol1 Services Admin
10/9/200710:001\11.1
Date
Approvetl By
Sharon NewmAn
T'~n5plJ1talion Servj~es
At:cotllltingSupervisor
Tmnsportatlon Services Artmin
f0191Z0074:39PM
Data
Appro,"'ed By
PlItLl1hnhard
TransporlatlonS<1rviC(l$
Execulive Secretal)'
Tran!:portation Sl"rvices Admin
10/101200711:47 AM
Date
Allprovetl By
OMS Coon11nator
AdmlntstratfveServlces
Appiications Analyst
tnfnnna!lotlTer.hnology
10fl{)/200712:51 PM
Date
Approved By
SlIsanlJsher
CQunty Manager'sOfflr.e
Senior Managemenl/8udgetAnalyst
Office 01 Mallag~ment & Bndget
I0112U00710:Sll AM
Data
Approved By
MichaelSmykO\I'Jskl
County Manager's OHic...
Managel11l!nt&BuogetDiwctor
Olfiee of M~rl~gemf'nt 8. BI1<1gct
10112120073:4GPM
Date
Approved By
JamesV.Mudd
BoardofCollnty
CQmmis'\lon<ers
County Manager
COlin!)' Manager's Office
10/DI200712:4GPM
Agenda Item No. 1682
October 23,2007
Page 3 of 21
PROJECT:
Freedom Park (aka Gordon River Water Quality Park)
PROJECT FUNDING:
TMDL Grant $1,000,000.00
Match $1,366,350.00
LEAD ORGANIZATION: Collier County Stonnwater Management Department
CONTACT PERSON: Margaret A. Bishop, P.E.
Collier County Stonnwater Management Department
2885 South Horseshoe Drive
Naples, FI 34104
(239) 213-5857 (Office)
(239) 417-6050 (Fax)
M aruaretB ishoP'lIlco 11 ien!Ov. net
COOPERATING ORGANIZATIONS:
Florida Communities Trust
South Florida Water Management District (SFWMD)
South Florida Water Management District! Big Cypress Basin
Conservation Collier
Conservancy of Southwest Florida
Southwest Florida Land Trust Preservation
City of Naples
PROJECT ABSTRACT: The Freedom Park will be a 50-acre water pollutant removal and
recreational facility employing innovative Best Management Practice (BMP) strategies.
Freedom Park will reduce targeted nonpoint source (NPS) pollutant parameters by implementing
stonnwater management technologies. Water quality will be tactically enhanced through the use
of a deep wet detention pond, three created wetlands that will comprise approximately 10 acres,
and approximately 12.5 acres of existing wetlands currently under the jurisdiction of the South
Florida Water Management District (SFWMD) and the Army Corps of Engineers (ACOE).
Habitat enhancement and restoration will be proactively implemented throughout the project.
Harvey Harper modeling will be used to calculate anticipated pollutant removal efficiencies, and
post-construction data analyses will be diligently monitored. archived, and published. Freedom
Park's community outreach elements will include public access to the park where patrons can
commingle and appreciate nature, multiple infonnative kiosks designed for all ages, and an on-
site research center that will serve to augment the educational experience.
PROJECT LOCATION AND WATERSHED CHARACTERISTICS: Freedom Park will be
located in the northwest region of the Naples Bay Watershed (NBW), within the Gordon River
Extension Basin (GREB). The NBW is encompassed by the Big Cypress Basin (HUC
03090204). The GREB covers a region of approximately 8.5 square miles, with sections
spanning from U.S. 41 to Airport-Pulling Road through a network of man-made canals,
tributaries, and closed conduit systems. Areas of the GREB within the City of Naples and west
ofGoodlette-Frank Road experience flooding during the wet season. Water flows in a south-
southwesterly direction from the Pine Ridge Canal Basin, positioned directly to the north, and
the Airport Road South Canal Basin, located directly to the east. Water flowing in a
Agenda Item No. 1662
October 23, 2007
Page 4 of 21
southwesterly direction from several watersheds within the Big Cypress Basin converge on the
southeast corner of the GREB and then proceed directly into Naples Bay, a major component of
the NBW.
Watershed Name: Gordon River Watershed! Big Cypress Swamp
Latitude:
Longitude:
Hydrologic Unit Code (HUC): 03090204
Land Uses within the Watershed (acres and percentages of total):
Land Use: : / ... Acres %
Residential, Low Densitv 272.3 6.2
Residential, Medium Density 1303.3 29.9
Residential, Hioh Densitv 469.4 10.8
Commercial and Services 239.9 5.5
Industrial 369.0 8.5
Institutional (schools) 88.1 2.0
Recreation (golf courses) 731.5 16.8
Open Land and Upland 271.5 6.2
Ponds, Lakes and Waterways 196.9 4.5
Wetlands 318.5 7.3
Major Roads 98.1 2.3
Land Use Totals (Acreage and %) 4,362.0 100.0
Land Use- West Sub-basin Acres %
Residential, Low Density 137.5 14.4
Residential, Medium Density 488.4 50.8
Residential, High Density 74.4 7.7
Commercial and Services 144.6 15.0
Industrial 0.0 0.0
Institutional (schools) 34.6 3.6
Recreation (golf courses) 16.6 1.7
Open Land and Upland 0.0 0.0
Ponds, Lakes and Waterways 19.5 2.0
Wetlands 12.2 1.3
Major Roads 33.6 3.5
Land Use Totals (Acreage and %) 961.0 100.0
Land Use- East Sub-basin Acres %
Residential, Low Densitv 134.8 4.0
Residential, Medium Density 814.9 24.0
Residential, Hioh Density 395.0 11.6
Commercial and Services 95.3 2.8
Industrial 369.0 10.9
Institutional (schools) 53.5 1.6
2
Agenda Item No. 1682
October 23. 2007
Page 5 of 21
Recreation (qolf courses) 714.9 21.0
Open Land and Upland 271.5 8.0
Ponds, Lakes and Waterways 1774 5.2
Wetlands 306.3 9.0
Major Roads 64.5 1.9
land Use Totals (Acreage and %) 3,401.0 100.0
POLLUTION REDUCTION STRATEGY: Freedom Park will reduce NPS pollution to work
toward meeting the Total Maximum Daily Load (TMDL) through innovative BMP techniques.
The Gordon River Water Quality Park (Freedom Park) is stated in the Naples Bay Surface Water
Improvement and Management (SWIM) Plan as a project that will contribute toward the
"preservation of sensitive land in the Naples Bay corridor." Key components of the Naples Bay
SWIM Plan include four primary initiatives: (1) water quality, (2) stonnwater quantity, (3)
watershed master planning and implementation, and (4) habitat assessment, protection and
restoration. Within the Naples Bay SWIM Plan, the Park is also referenced as a local
government capital project that serves to accomplish initiatives laid forth, specifically
stonnwater quantity and watershed master planning and implementation.
Freedom Park will also contribute toward water quality improvement (initiative (1) above) and
proposes four specific pollution reduction tactics which are designed to ease local flooding and
resourcefully enhance water quality:
. Two stonnwater pump stations that will be used to collect water directly from the
Goodletle-Frank Road ditch and the Gordon River.
. An offline wet detention pond that will function as the primary system in the treatment
train.
. A series ofthree created wetlands that will make use of natural energies in achieving
sustainable treatment and enhanced habitat.
. The integration of existing protected wetlands under the jurisdiction of the SFWMD and
the ACOE that will further contribute towards decreasing NPS pollutant levels.
These innovative BMPs will work together in order to reduce NPS pollutant levels and meet the
TMDL for the Gordon River, waterbody identification (WBlD) 3259C, and will improve the
overall waterbody status of the NBW, whose TMDL development is planned to be entirely
complete by October of2008. The Gordon River is currently classified as being on the planning
list for dissolved oxygen (DO) and total coliforms on the Florida Department of Environmental
Protection's (FDEP) Section 303(d) Waterbody Status list.
The first component of Freedom Park's pollution reduction strategy is comprised of two
stonnwater pump stations used to collect water from the Goodlette-Frank Road ditch and the
Gordon River. Located on the northwest comer of the project site, the first stonnwater pump
will begin the process of alleviating flood waters from developed communities surrounding the
project. The second stonnwater pump, located on the southeast corner of the project, will extract
water directly from the Gordon River in order to undergo watershed treatment and cleansing.
The first pump will pass water through a maintenance-and- flow control facility before coming to
3
Agenda Item No. 16B2
October 23, 2007
Page 6 of 21
a discharge structure, whereas the second pump will transfer extracted water directly to
constructed wetlands.
The discharge structure, fed by the first stonnwater pump, will deliver water into the GRWQP's
second pollution reduction component, an offline wet detention pond that will function as the
primary system in the treatment train. The treatment train refers to the underlying process that
takes place as pre-treated water enters a specified location, receives treatment, and then
discharges to the surrounding environment. The detention pond will contribute to sedimentation
of pollutants, promoted by depth and lack of turbulence, permitting particulate matter and oils to
separate from the water in a tranquil setting. After undergoing initial treatment within the
detention pond, water from the Goodlette-Frank Road ditch will then be discharged into the third
pollution reduction component of the Park, three multilevel wetlands that were inspired by the
Florida Everglades.
Constructed in a descending elevation pattern and all at lower elevations than the detention pond,
the multilevel wetlands will make use of filtration systems that are driven by the natural energy
patterns of the environment. Analysis of the Florida Everglades has revealed wetlands perform
critically valuable functions. By replicating principles found in Florida's ecosystem on a much
smaller scale, the Park will act as a "mini-everglades," using environmentally inspired principles
to remedy environmental problems. Improving water quality concerns within the NBW,
particularly NPS pollution reduction and TMDL requirements for various parameters, will be
further advanced by incorporating the existing strategies employed by other water management
institutions.
Freedom Park literally assimilates the water enhancing bio-networks of other organizations,
making its fourth pollution reduction tactic markedly different than other, more common
approaches to NPS pollution concerns. Integrating the initiatives of other water management
institutions will maximize water treatment in one specific local, while also resulting in a broader,
more positive impact on the watershed. Currently, Naples Bay is classified on the FDEP's
Section 303(d) Waterbody Status as being on the planning list for nutrients, chlorophyll and DO.
Approaching stonnwater treatment in an inclusive and thoughtful manner requires an awareness
of the goals and initiatives of other environmental and watershed management organizations.
Collier County seeks to foster and maintain partnerships with other state and local agencies in
developing coherent and mindful water treatment strategies.
The ecological techniques that the Park draws upon permits the application of similar nature-
inspired, policy-driven capital projects in other regions of risk within the NBW and the greater
Big Cypress Basin, consequently minimizing counterproductive impacts associated with overly
complex storn1water treatment infrastructure. The Park serves as a model for a holistic vision of
stormwater treatment achieved through locally targeted pollution reduction strategies; not only is
water quality improved, but the local natural environment is restored.
PROJECT OBJECTIVE(S): In October of2002, the FDEP published its updated Section
303(d) Waterbody Status list of impaired waterbodies. Collectively, the Gordon River and
Naples Bay are on the planning list for DO, nutrients, chlorophyll and total coliform. According
to the Naples Bay SWIM Plan, seven WBIDs listed in the Section 303(d) list fall within the
4
Agenda Item No. 16B2
October 23, 2007
Page 7 of 21
NBW. Of those seven, the Gordon River (WBID 3259C) and Naples Bay (WBID 3259G) are
directly affected by the implementation of the Freedom Park. Citing information provided by the
Section 303(d) list, the Naples Bay SWIM Plan states that the "primary parameter of concern is
dissolved oxygen (DO)" for the NBW.
By implementing Freedom Park's innovative BMP strategies, Collier County seeks to:
I. Reduce quantity levels ofTMOL parameters for the Gordon River and Naples Bay
currently on the planning list within the Section 303(d) Waterbody Status lisl.
2. Create and implement a Basin Management Action Plan that corresponds to a
comprehensive Collier County Stormwater Management Program Master Plan.
3. Accomplish set reductions ofNPS loadings in waters for which TMOL computations
have officially been (or plan to be) established by the FDEP and the United States
Environmental Protection Agency (USEP A).
4. Improve water quality while alleviating local residential flooding in a facility that also
functions as a passive recreational and educational park.
To maximize the effectiveness of systematically decreasing NPS pollutant levels and abide by
TMDL requirements, BMP implementation strategies should reflect a policy-driven stormwater
master plan. Therefore, Collier County is currently working to revise and update its Stormwater
Management Program Master Plan (1990). In order to faithfully address the initiatives set forth
by the Naples Bay SWIM Plan (2007) and incorporate all nine elements of a USEP A defined
"comprehensive" stornlwater master plan, Collier County seeks to develop holistic water
treatment initiatives coupled with basin-specific strategies. Collier County considered this
project's overall design strategy and concluded that creating a natural cleansing system would be
the most effective BMP technique to employ for both reducing NPS pollutant levels within the
Gordon River Extension Basin and restoring natural habitat.
PROJECT DESCRIPTION (PLEASE LIST ALL TASKS AND DELlVERABLES):
Freedom Park seeks to reduce NPS pollutant levels and improve water quality in the NBW by
tactically implementing innovative BMP techniques. The project also seeks to assist in
developing a holistic storm water master plan that explicitly and proactively deals \\lith NPS
pollution reduction and water quality concerns. To achieve these goals and the objectives
previously listed, the design for the Freedom Park strategically incorporates existing storm water
technologies with innovative mitigation implementations; fundamentally, design and function
will work hand-in-hand. The design plan of the Park conceptually combines the functions of
static, man-made storm water treatment facilities with the dynamic, natural cleansing processes of
the environment within a recreational setting. The Freedom Park will also contribute to the
educational enhancement of the public by constructing and utilizing a 2,500 square-foot onsite
learning facility.
A stormwater pump station located on the northwest section of the project site will assist in
mitigating flood waters from the surrounding, highly urbanized community. According to the
Naples Bay SWIM Plan, by 2025 the NBW will be nearly 70 percent urban or suburban, up 30
percent from 2004. The stormwater pump will aid in alleviating flooding for the purpose of
minimizing levels of water attenuation which, due to rapid urbanization, has become a serious
5
Agenda Item No. 16B2
October 23,2007
Page 8 of 21
problem in the northwest area of the NBW. Since it is likely stormwater will be unable to flow
directly into the treatment system due to the elevation of proposed berms, the pump station will
also serve to transfer water collected from the Goodlette-Frank Road ditch into the park for
treatment. The collected storm water will pass through the maintenance and flow control
building before discharging into the detention pond via a discharge structure. The second
stormwater pump is discussed below. The northwest section of the project site will also contain
one of two parking facilities, each of which will be comprised of over 75 percent pervious
material to allow maximum stormwater infiltration.
The front (or east) end ofthe discharge structure will be enveloped by decorative stones aligned
in a stepwise stacking pattern. Water released from the top of the discharge unit will cascade
down along the surface ofthese decoratively arranged stones before flowing into the northwest
area of the offline wet detention pond. The pond will be located on the west side of the project
and will span south, then east forming a stretched, crescent-like curvature with bended arcs
smoothly protruding towards and away from anyone point. The wet detention pond was chosen
to be the preliminary component of the treatment train mainly for the functions it will provide:
initial separation of particulate matter and sedimentation of excess pollutant loads.
Secondary water cleansing will take place within three carefully designed wetlands composed of
diverse bionetworks. These wetlands will comprise of deep and shallow regions regulated by
inlet distribution zones and outlet control structures. A second storm water pump, located on the
southeast corner of the project site, will deliver additional water extracted directly from the
Gordon River into these constructed wetlands. Their careful design will function to recreate the
natural mitigating properties of wetlands, integrate three distinctly innovative BMP techniques
that will operate as one ecological unit, and assist in establishing sustainable wildlife habitats. In
the shallow zones ofthese wetlands, water inflow will run through marsh plants which take up
nutrients and pollutants as they grow, later recycling them in plant litter and soil. Microbes such
as algae, bacteria, and fungi will grow in the leaf litter, plant debris, and soil and take up
nutrients while decomposing plant matter. Once filtered through diverse bio-filtration systems,
water will finally discharge into wetlands under the jurisdiction of the SFWMD and the ACOE
for tertiary treatment.
Incorporated wetlands currently under the jurisdiction of the SFWMD and the ACOE will not
only be utilized for water treatment capabilities but also enhanced through restoration.
Restoration includes replanting native upland species to promote resurgence of native wildlife
populations within this highly developed region ofthe NBW. Upland restoration will also
consist of the creation oflittoral zones surrounding each water system that will further support
wildlife habitat. The removal of exotics and enhancements made to existing upland and wetland
areas will provide higher quality habitat for utilization by native flora and fauna. Freedom Park
will contain approximately 15-20 acres preserved specifically as upland habitat that is to be
landscaped with native vegetation. The project will also involve hydrological restoration of
abandoned areas and the preservation, enhancement, and management of valuable upland
habitats. The vegetation, upland restoration, fauna, and flora all work to create an aesthetically
appealing and technologically resourceful natural water treatment habitat.
6
Agenda Item No. 16B2
October 23. 2007
Page 9 of 21
Patrons visiting the Park will find themselves immersed in a beautiful recreational park littered
with native flora and fauna. The educational facility will play an important factor in enhancing
the intimacy experienced by members of the public who will learn about important
environmental issues while appreciating nature. Educationally enhancing aspects of the Park
will be achieved using informative kiosks positioned at the entry points to different segments of
the park, and will be promoted with a 2,500 square-foot learning facility. The research facility
will contain a carpeted multi-purpose lookout room, a conference room that can serve as an
office, and a kitchen where school children can store lunches during visits to the park. The
research building will also act as a centralized learning center for students to observe and learn
about native wildlife as well as obtain and analyze water samples from influent and effluent
locations.
Around the perimeter of each element within the park will be trails that ultimately span
throughout the project site. These trails will be delicately scattered throughout each natural
segment of the park, allowing patrons to immerse themselves within its aesthetic beauty. Trails
will be connected to 8-foot wide boardwalks dispersed throughout the project, allowing patrons
to walk above created and jurisdictional wetlands. Six 750 square-foot pavilions, one 500
square-foot oak-hammock lookout pavilion, and a number of observational decks that outwardly
extend from the boardwalks will be utilized to increase the participatory aspects the GR WQP has
to offer.
To determine the effectiveness of proposed implementation strategies, careful and diligent
monitoring will take place. Collier County will supplement existing monitoring programs for
multiple indicator parameters. The initial monitoring program will be conducted quarterly over a
three year period in which water quality information and analysis will be examined at on-site
locations in order to develop a sustainable and dependable long-term accountability program. At
the minimum, the initial monitoring program will include: water levels, discharge rates, physical
parameters of temperature, conductivity, salinity, pH balance, and samples collected and
analyzed for DO, nutrients, chlorophyll, total coliform and additional impairments within the
TMDL program. All results will be archived and posted on the Collier County website and
water quality findings will be uploaded to the State STOrage and RETrieval (STORET) website.
These stations will provide comprehensive influent and effluent data on pollutant removal
efficiencies for each BMP implementation. Specifically, four tasks will contribute towards
achieving the main elements of the Park: wetland creation, exotic removal, water quality
monitoring, and education. Each of these tasks includes specific deliverables (see
Outputs/Deliverables below).
ESTIMATED POLLUTANT LOAD REDUCTION:
BMP's Installed TSS TP TN Sediment BOD Other Other
kg/yr kg/yr kg/yr kg/yr kg/yr kg/yr kg/yr
Offline Wet
Detention Pond
-0 Pre-Project
a. 400 1,600 9,500 360 70 - -
7
Agenda Item No. 1682
October 23, 2007
Page 10 of 21
Post-Project
60 640 7,125 36 49 - .
Load
Reduction 340 960 2,375 324 21 . -
% Reduction
85 60 25 90 30 . -
Flow-thru TSS TP TN Sediment BOD Other > Other
Wetlands kg/yr kg/yi' .... kg/yr .. kg/yr kg/yr kg/yr .... kg/yr
Pre-Project
28,000 8,000 10,000 60 20,000 - -
III
"0 Post-Project
l'll
0 2,800 7,200 9,000 3 18,000 - -
..J
-
c Load
l'll
-
::l Reduction 25,200 800 1,000 57 2,000 . -
"'5
0.. % Reduction
90 10 10 95 10 - -
TOTAL TSS TP TN Sediment BOD Other Other
kQ/vr kg/y r kQ/yr kQ/vr kg/yr kQ/vr I' kg/yr
Pre-Project
28,400 9,600 19,500 420 20,070 - -
III
"0 Post-Project
l'll
0 2,860 7,840 16,125 39 18,049 - -
..J
-
c Load
l'll
-
::l Reduction 25,540 1,760 3,375 381 2,021 - -
"'5
0.. % Reduction
90 18 17 91 10 - -
MODEL USED:
The pollutant load and pollutant load reduction estimates for the wet detention pond and the
wetlands were calculated using the Harvey Harper method in conjunction with Geographic
Information System Flues values for land use. Event mean concentration (EMC) values for each
pollutant are based on data from several sources, primarily Harvey Harper's, " Evaluation of
Current Stonnwater Design Criteria Within The State of Florida", June 2007; also, Harvey
Harper's "Evaluation of Alternative Storm water Regulations for Southwest Florida", September
2003; and "Stormwater Loading Rate Parameters for Central and South Florida", October 1994.
Additionally used was Tetra Tech and Janecki Environmental's, "Compilation, Evaluation, and
Archiving of Existing Water Quality Data for Southwest Florida" (in support ofthe Southwest
Florida Feasibility Study), May 2004. The EMC's were weighted by discrete land use
8
Agenda Item No. 1682
October 23, 2007
Page 11 of 21
percentages. Loading rates for the wetlands were further calculated using water quality data
from the Collier County Ambient Water Quality Monitoring Program. A monitoring station
exists within] 00 meters of the location of the future intake pump that will draw water from the
Gordon River Extension to hydrate the wetlands during the dry season. The flow weighting for
the wetland loading calculation was derived by using the estimated pump rate and duration that
the pump is to hydrate the wetlands.
OUTPUTS/DELlVERABLES:
Task 1: Obtain Construction permits through the City of Naples
Task 2: Public Involvement
Task 3: Exotic Removal - include photo documentation
Task 4: Submit QAPP
Task 5: Wetland Creation
Task 6: Create Educational Program
Task 7: Water Quality Monitoring results will be input to the Florida Storrnwater
Database
Task 8: Subrnit Regular Project Progress Reports
Task 9: Subrnit Draft Project Report
Task 10: Submit Comprehensive Final Progress Report
The four major outputs/deliverables are as follows:
I. Wetland Creation: It is anticipated that long-term management of constructed wetlands
will involve the continual removal of exotic plant species. Therefore, an exotic plant
monitoring program focusing on preventing infestation will be implemented. Vegetative
species monitoring will be conducted every year for three years beginning in 2008. Also,
a photographic report of selected natural communities will be included within the
monitoring program. Construction of wetlands incorporates the creation oflittoral zones
consisting of a variety of plant species such as pickerelweed, lemon bacopa, softrush,
arrowhead, smartweed, and creeping primrosewillow.
2. Exotic Removal: Development of the project site will include removal of all exotic
species, as identified within The Exotic Plant Council's Florida's Most Invasive Species
list. Exotic removal will be accomplished mechanically in areas heavily infested and by
hand in areas where native species predominate. Regions for which exotic removal takes
place will be slated for redevelopment with newly created wetlands. Sections cleared of
exotics species will be populated with native species as appropriate for future use. Exotic
plant removal will contribute towards habitat renewal and upland restoration and will be
carefully monitored under an exotic plant monitoring program. Freedom Park will also
involve the restoration of approximately 15 acres of existing wetlands under the
jurisdiction of the SFWMD and the ACOE.
3. Water Quality Monitoring: An FDEP approved Quality Assurance Project Plan v.~1l be
utilized and all data will be entered into the STORET website. Water sample collection
stations will be located at the inflow point of each constructed wetland, the outfall point
9
Agenda Item No. 16B2
October 23, 2007
Page 12 of 21
ofthe last constructed wetland, and at the terminus of the natural wetlands. In addition,
water monitoring stations will be located at the entry point to the wet detention pond and
at the intake point of the Gordon River. The period of monitoring is expected to last for
three years, at quarter intervals when flow is present. The monitoring program will
analyze 7-10 storm events over the hydrograph (first flush, rising near peak, falling near
peak, receding) with a maximum of 40 event samples per station.
4. Education: The 2,500 square-foot educational facility will be readily available to host
educational programs relating to various topics including, but not limited to, the functions
of the Park, how it achieves water treatment, the necessity to actively reduce NPS
pollutant levels through personal behavioral changes, as well as how the Park protects
and enhances the GREB's natural environment. At least 12 regularly scheduled
educational programs will be conducted, each particularly targeted primarily toward
students from local elementary, middle, and high schools. Informational/educational
kiosks will be located near the entrance area to the park and also at the educational
facility. Content will include: maps with location of park amenities, importance of'
wetland habitat, and the parks' primary function of improving the water quality of Naples
Bay. Additional signage will include boardwalk-mounted and footed panels placed along
the boardwalk in locations and of sizes appropriate to their content, which will include:
identifying the Gordon River and information on water quality improvements.
PROJECT MILESTONES:
Task Activity.', ).' Start . Complete.
1 Contract w/FDEP Signed Month 1
2 Construction Permits Month 2 Month 4
3 Prepare and Submit QAPP Month 4 Month 6
4 Exotic Removal Month 5 Month 59
5 Wetland Creation Month 5 Month 23
6 Create Educational Program Month 6 Month 18
7 Construct Signage and Kiosks Month 16 Month 22
8 1st Year Effectiveness Evaluation Month 24 Month 36
9 2nd Year Effectiveness Evaluation Month 36 Month 48
10 3rd Year Effectiveness Evaluation Month 48 Month 60
PROJECT BUDGET:
Project Funding Activity Section 319 Matching Match Source"
Amount Contribution
Staff
Travel
Equipment
Supplies
Contractual $725,000 $850,000 SFWMD
$50,000 Big Cypress Basin
10
Agenda Item No. 1662
October 23, 2007
Page 13 of 21
$191,350.00 Collier County'
BMP Implementation
WQ Monitoring $250,000 $250,000 Bic Cypress Basin
Public Education $25,000 $25,000 Collier Countv'
Other (Specify)
Total: $1,000,000 $1,366,35000
Total Project Cost: $2,366,350.00
Percentage Match: 58.00
'If a stormwater utility or other dedicated recurring fee is contributing, put that
information in the following table.
MATCH SOURCE INFORMATION:
Match Source Name Description of Match Contribution ERUlFee
Collier County Design, Permitting, Construction, $216,350.00
Stormwater Mngt Monitoring, Education, Project
Department' Management
SFWMD Design and Permitting $300,000.00
SFWMD Project Construction $550,000.00
Big Cypress Basin Project Construction, Monitoring $300,000.00
BUDGET BY TASK:
Project Funding Activity Section 319 Matching Match Source'
Amount Contribution
[Task # and Description]
Task 1 Design & $300,000.00 SFWMD
Permitting
Task 2 Public $49,850.00 Collier County'
Involvement
Task 2 Exotic Removal $137,500 $137,500.00 Collier County'
Task 3 QAPP
Task 4 Wetland Creation $587,500 $600,000.00 SFWMD, BCB
Task 5 Educational $25,000 $25,000.00
Program
Task 6 WQ Monitorinq $250,000.00 $250,000.00 BCB
Task 7 Progress Reports $2,000.00 Collier County'
Task 8 Draft Project $1,00000 Collier County'
Report
Task 9 Final Report $1,000.00 Collier County'
Total: $1,000.000.00 $1,366,350.00
Total Project Cost: $2,366,350.00
Percentage Match: 58.00
11
Agenda Item No. 1682
October 23, 2007
Page 14 of 21
<"'_.
OTHER FUNDING (Not Match- such as land acquisition or other federal grants):
... ~.. Agency ...... i ;.i;..;. ;. Activity Amount
Florida Communities land acquisition reimbursement $5,842,639.67
Trust
Total: $5,842,639.67
REFERENCES CITED:
I. Integrated Water Quality Assessment for Florida: 2006 305(b) Report and 303(d)
List Update
a. May, 2006
b. Florida Department of Environmental Protection
Division of Water Resource Management
Bureau of Watershed Management
Tallahassee, Florida
2. The Use ofWetIands for Stormwater Treatment
a. Eric H. Livingston
b. Florida Department of Environmental Protection
Tallahassee, Florida
(850) 245-8430
cric .livin\!ston({I'dep.state. n. us
http://www.den.state.n.us/water/watershed
3. Pollutant Removal Efficiencies for Typical Stormwater Management Systems in
Florida
a. October 18-20, 1995
b. Presented at the Fourth Biennial Stormwater Research Conference
Clearwater, Florida
c. Sponsored by: The Southwest Florida Water Management District
d. Prepared by: ERD: Environmental Research & Design, Inc.
3419 Trentwood Blvd., Suite 102
Orlando, FI 32812
e. Author: Harvey H. Harper, Ph.D., P.E.
4. The Use of Ponds for BMPs
a. Title of Journal: Stonnwater: The Journal for Surface Water Quality
Professionals
b. Author: Gordon England
c. URL: http://www.t()rester.net/swOJ07use.html
5. Naples Bay Surface Water Improvement & Management Plan (2007)
a. South Florida Water Management District
12
b. URL: w\vw.sfvvmd.gov
APPENDIX 1. MONITORING PLAN TO DETERMINE TREATMENT
EFFECTIVENESS
APPENDIX 2- SITE MAPS
Figure 1. Site Locator Map
Figure 2. Treatrnent Area Map
Figure 3. Detailed Site Map
13
Agenda Item No. 1682
October 23. 2007
Page 15 of 21
Agenda Item No. 16B2
October 23. 2007
Page 16 of 21
APPENDIX 1. MONITORING PLAN
The Freedom Park (aka Gordon River Water Quality Park- GRWQP) is an offline
treatment facility that will receive raw storrnwater runoff from two distinct basins as
depicted in Appendix 2, Figure 2. Water will be introduced to the Freedom Park from
only one of two sources at a time, depending on hydrologic conditions.
During wet season conditions, stormwater runoff from the Park's "West Sub-basin"
will be purnped from the south end of a canal along GoodleUe Road into one end of
the wet detention pond in the Park. Water exits the pond at its opposite end, and
flows through three constructed wetlands in series before flowing into natural
wetlands, and then to the Gordon River Extension.
If the pond reaches a pre-deterrnined maximum elevation, stormwater will bypass the
pond and treatment facility and flow directly to the Gordon River Extension via a
diversion ditch along the north side of the Park.
During dry season conditions, the wet detention pond will not receive inflow, nor
contribute flow to the chain of wetlands. Instead, water from the Gordon River
Extension will be pumped to the upstream end of each of the three constructed
wetlands. In this case, water is from the "East Sub-basin" (Appendix 2, Figure 2).
This is anticipated to be 8 to 10 months of a year, depending on wet season rainfall.
Water sample collection stations will be located (Appendix 2, Figure 3) at the inflow
point of each constructed wetland, the outfall point of the last constructed wetland,
and at the terminus of the natural wetland. In addition, water monitoring stations will
be located at the entry point to the wet detention pond and at the intake point at the
Gordon River.
Period of water quality and flow monitoring: 3 years.
Frequency of monitoring and sample collection: 7-10 storm events with
monitoring at locations 1 thru 6 (Appendix 2, Figure 3). Monthly at monitor locations
2 thru 7 when water is being pumped from the Gordon River Extension to the
wetlands.
Storm Event Sampling: Discrete rainfall events great enough to allow pumping into
the wet detention pond. Most rainfall events will allow control of when the pump
station delivering water to the wet detention pond is activated, allowing grab samples
and in-situ physical parameter values to be collected from first flush, and subsequent
grab samples at 4 to 5 other locations over the event hydrograph (first flush, rising,
rising near peak, falling near peak, receding). Event hydrograph grab sarnples will be
composited for an event at each station. This will occur at monitoring stations 1 thru
Agenda Item No. 16B2
October 23, 2007
Page 17 of 21
6. It is understood that this will require simultaneous activity at multiple stations, so
that sufficient personnel and equipment will be deployed. It is also understood that
in-situ dissolved oxygen measurements will be collected before water travels through
the pump at Station 1.
Dry Season Wetland Sampling: Grab samples and in-situ physical parameter
values will be collected monthly at the inflow and outfall of each wetland (Stations 2
thru 6), and at the intake (Station 7).
Flow Monitoring: A network of continuous recording flow meters and depth gages
will be installed to insure control of the water budget for each treatrnent component.
A pipeline flow meter will record inflow pumped from the stormwater canal entering
the wet detention pond. Pipeline flow meters will also be placed at the end of each
pipe discharging to each of the three constructed wetlands that supply water frorn
Gordon River Extension. Continuous recording water depth meters (YSI Level
Loggers) will be placed at each outfall culvert connecting the constructed wetlands
for calculating discharge exiting and entering each wetland.
Rainfall Monitoring: One on-site continuous rainfall recorder.
Parameters Monitored:
Parameter Method MDL
Ammonia Composite 0.01 mg/L
Dissolved Inorganic Nitrogen (DIN) Composite 0.01 mg/L
Hardness Composite 1.0 mg/L
Nitrate Composite 0.01 mg/L
Nitrite Composite 0.002 mg/L
NOx Composite 0.01 mg/L
Ortho-Phosphorous Composite 0.004 mg/L
Total Dissolve Solids Composite 1.0 mg/L
Total Kjeldahl Nitrogen (TKN) Composite 0.24 mg/L
Total Nitrogen (TN) Composite 0.24 mg/L
Total Organic Nitrogen Composite 0.24 mg/L
Total Phosphorous Composite 0.004 mg/L
Total Suspended Solids Composite 2.0 mg/L
BOD Composite
Chlorophyll-a Composite 3.0 mg/mJ
Calcium Composite 0.08 mg/L
Fecal Coliform Grab N/A
Total Coliform Grab N/A
Agenda Item No. 1682
October 23. 2007
Page 18 of 21
Figure 1.
N
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- ,-
A enda Item No. 1662
. . October 23,2007
Site Locatlon- Freedom Park Drainage Basin Withifllgt"trf6Jf21
Gordon River/ Naples Bay Watershed
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13,000 26,000
I
52,000 Feet
I
Agenda Item No. 1682
October 23, 2007
. page 20 Qf 21
Figure 2. Treatment Area Map- Freedom Park Basin and Sub-oaslns
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Agenda Item No. 1683
October 23, 2007
Page 1 of 17
EXECUTIVE SUMMARY
Recommendation to approve the Roadway Maintenance Agreement with Lodge/Abbott
Associates LCC for the Golf Cart Overpass on Vanderbilt Drive
OBJECTIVE: To obtain Board of County Commissioners (BCC) approval of the Agreement
for Roadway Maintenance with Lodge/Abbott Associates LCC, substantially in the form
attached.
CONSIDERATIONS: The development (two proposed residential towers) extends to both
sides of Vanderbilt Drive. An elevated segment of the roadway was built to accommodate a golf
cart/pedestrian pathway (box culvert) to allow crossings between the two towers under
Vanderbilt Drive without interfering with normal vehicular traffic on the roadway. The
temporary asphalt sidewalk has been replaced with a concrete multiuse pathway. Additional
Right-Of-Way has been donated on the west side of Vanderbilt Drive. This agreement is to
identifY and separate the responsibilities for maintenance between the developer and Collier
County. The agreement has been reviewed and approved by Transportation Road Maintenance
Department and the County Attorney's Office.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary.
- GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approve the Maintenance
Agreement between Lodge/Abbott Associates LCC, and Co Ilier County and authorize its
Chairman to sign for the Board.
Prepared By: Mark Burtchin, Project Manager, ROW Permitting and Inspection
Attachments: Roadway Maintenance Agreement
-
Item Number:
Item Summary:
Meeting Date:
Page I ot I
Agenda Item No. 16B3
October 23, 2007
Page 2 of 17
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16B3
Recommendation to approve the Roadway Maintenance Agreement with Lodge/Abbott
Associates LLC for the golf cart overpass on Vanderbilt Drive.
10/23/2007 9:00:00 AM
Prepared By
Mark Burtchin
Transportation Services
Project Manager
Date
Stormwater Management
7/23/20072:41:13 PM
Approved By
Mitch Riley
Transportation Services
Principal Project Manager
Date
Stormwater Management
10/1/20074:03 PM
Approved By
Sharon Newman
Transportation Services
Accounting Supervisor
Date
Transportation Services Admin
10/9/20079:46 AM
Approved By
Norm E. Feder, AICP
Transportation Services
Transportation Division Administrator
Date
Transportation Services Admin.
10/9/2007 1 :39 PM
Approved By
John Vliet
Transportation Services
Roads Maintenance Superintendant
Date
Road Maintenance
10/9120073:45 PM
Approved By
Scott R. Teach
COUllty Attorney
Assistant Coullty Attorney
Date
COllnty Attorney Office
10/10/20075:08 PM
Approved By
Pat Lehnhard
Transportation Services
Executive Secretary
Date
Transportation Services Admin
10/11/20078:49 AM
Approved By
OMS Coordinator
Administr<ltive Services
Applications Analyst
Date
Information Technology
10/11/200710:03 AM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
10/15/20071:43 PM
Apllroved By
James V. Mudd
Board of Courtty
Commissioners
County Manager
Date
County Manager's Office
10/15/20073:37 PM
Agenda Item No. 1683
October 23, 2007
Page 3 of 17
ROADWAY MAINTENANCE AGREEMENT
This Roadway Maintcnancc Agreement is entered into this _ day of ,
2007, by and between Collier County, Florida, a political subdivision of the State of Florida whose
mailing address is 3301 Tamiami Trail East, Naples, FL 34112 (hereinafter referred to as the
"County"), and Lodge / Abbott Associates LLC, whose mailing address is 3400 E. Lafayette St.
Detroit, MI 48207-4962 (hereinafter referred to as the "Developer").
RECITALS:
WHEREAS, County is the owner ofthat certain right-of-way located in Collier County,
Florida and known as Vanderbilt Drive (hereinafter referred to as "Road"); and
WHEREAS, Section IV-B-12 of the Construction Standards Handbook for Work Within
The Public Rights-Of-Way, Collier County, Florida (2003) provides as follows:
Permitting
The responsible property owner or his authorized agent must apply for a "Permit
to Peiform Work and/or Maintenance in Public Rights-ol-way".
Right of way Permit Within the public rights-ol-way: A private owner, Developer
or civic or homeowners' association desiring to create improvements within a
public right-ol-way shall submit construction documents prepared by a licensed
Engineer for County review. The Permit application shall include three (3) sets of
detailed plans indicating the existing right-ol-way facilitics and the type and
location of the proposed improvements. After acceptance of the improvemcnts
plans, a roadway improvemcnts maintenance agrcement shall be prepared by the
contracting parties and approved by the County attorney's office. The pwpose of
the maintenance agreement is to ensure that the Permittee, or his successors or
assign, shall be responsible to maintain such improvements until removed or
unless otherwise specified; and
'WHEREAS, in keeping with the above, the Developer has applied for a Right-of-Way
Permit within the Public Rights-of-Way, and has submitted construction documents prepared by
a licensed Engineer for County review. A copy of this Permit and the plans are attached hereto
as Schedule "A". The Developer shall follow the Collier County Maintenance specifications
attached as Schedule "B".
NOW, THEREFORE, in consideration of the covenants contained herein, the parties agree as
follows:
I of5
Agenda Item No. 16B3
October 23, 2007
Page 4 of 17
1. Subject to the issuance of all necessary Permits, County hereby grants to the
Developer the right to use those portions of the Road depicted in Schedule "A", for the sole
purpose set forth in Schedule "A". The Permits address, among other things, the timing of the
work, maintenance of traffic flow during construction, and the permissible lane closures during
the time that work is to be performed.
2. The Developer agrees to construct and maintain the improvements set forth in
Schedule "A" (hereinafter referred to as "Improvements") at its sole cost and expense, until such
time as the County executes a release from indemnification as discussed below.
3. Should the Developer fail to construct or maintain the Improvements in accordance
with Schedule "A" or law, the County may provide notice to the Developer in writing, specifYing
the nature of the deficiency. Within five working days following receipt of such notice, the
Developer at its sole cost shall commence the repairs and diligently pursue the repair until
completion. In the event damage to, or failure to maintain the Improvements results in a
situation where public safety is at risk, (1) the Developer shall effect repairs within twenty-four
hours of receipt of the County's written notice, or (2) the County may, at its option, effect repairs
to the Improvements, without the need for prior notice to the Developer, and will promptly bill
the Developer for all actual costs incurred in effecting the repairs. The Developer shall
reimburse the County for such costs within thirty days of receipt of the County's bill.
4. The Developer, as Indcmnitor hereunder, shall indemnify and save harmless the
County, as Indemnitee hereunder, including all employees of the County, from any loss or
damages Indemnitee may suffer as a result of claims, suits, demands, damages, losses, fines,
penalties, interest, expenses, costs, or judgments, including attorneys' fees and costs oflitigation,
against the County arising out of the Developer's use of the Road for the purposes set forth in
this Agreement, including the construction and removal of the Improvements. The Indemnitee
shall not undertake to settle any lawsuit or threatened lawsuit that could give rise to Indemnitor's
obligation hereunder without the prior consent ofIndemnitor, such consent to not be
unreasonably withheld.
5. The indemnity provided for by this Agreement will extend from the date ofthis
Agreement in perpetuity or until such time as the parties hereto acknowledge in writing that the
Developer has ceased to use the Road for the purposes stated within this Agreement and the
Road has been restored as set forth below, at which time, following receipt ofthe Developer's
written request, the County will execute a release from indemnification in favor of the Developer.
6. Indemnitee agrees to give Indemnitor written notice of any claims filed against the
County in connection with this Agreement, within thirty days of the date that County is aware of
such claim.
20f5
Agenda Item No. 1683
October 23. 2007
Page 5 of 17
7. In the event either party hereto shall institute legal proceedings in connection with,
or for the enforcement of, this Agreement, the prevailing party shall be entitled to recover its
costs of suit, including reasonable attorney's fees, at both trial and appellate levels.
8. This Agreement may be recorded by the County in the Official Records of Collier
County, Florida. The Developer shall pay all costs of recording this Agreement prior to the
execution of this Agreement. A copy ofthe Recorded Agreement will be provided to the
Developer.
9. This Agreement is the entire agreement between the parties, and supercedes all
previous oral and written representations, agreements and understandings between the parties.
This Agreement shall be governed by the laws of the State of Florida, and may not be altered or
amended in any way, save by written agreement signed by both parties.
10. Lodge Abbott can delegate its duties and obligations under this agreement to a
related entity and upon such delegation to a related entity, Lodge Abbott shall be relieved of all
obligations under this agreement. In addition Lodge Abbott or a related entity if Lodge Abbott
delegates its duties and obligations under this agreement, may delegate its duties and obligations
to a Community Development District or a home owners association. Upon such delegation to a
Community Development District or a home owners association, Lodge Abbott or if applicable
its related entity shall be relieved of all obligations under this agreement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK FOR SPECIAL CONDITIONS, tF ANY
30f5
Agenda Item No. 16B3
October 23. 2007
Page 6 of 17
In Witness Whereof, the parties have caused these presents to be executed on the day and
date first above written.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATTEST:
Dwight E. Brock, Clerk
James Coletta, Chairman
Signed and acknowledged on this _day of
undersigned notary public, by
,2007, before me, the
, President of
, a Florida corporation not-for-profit, on behalf
He [] is personally known to me or [ ] produced
as identification.
of the corporation.
Notary Public
Printed Name:
My Commission Expires:
WITNESSES:
("Developer")
By:
",'~.,.---
Printed Name:
Mr. Yale Levin, Manager
Lodge/Abbott Associates LLC
3400 E. Lafayette St.
Detroit, MI 48207-4962
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Printed Name:
4 of5
Agenda Item No. 1683
October 23, 2007
Page 7 of 17
STATE OF MICHIGAN
COUNTY OF WAYNE
Signed and acknowledged on this "'t,fhday of May 2007, before me, the undersigned notary
public, by Yale Levin, Manager of Lodge/AbbplI Associates LLC, a Michigan limited liability
company, on behalf of the company. He tJ is personally known to me or [ ] produced
as identificatioll.
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Printed Name:
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Actlng. !n fhe County ~ .',::..: ," ",.\': p. \~~J' .
Approv,ed as to Legal Form and Sufficiency:
Scott Teach
Assistant County Attorney
50f5
J
Agenda Item No. 1683
October 23, 2007
.. (10 CYV. / :'I Pag~8 6f 17
PERMIT TO PERFORM WORK ANDlOR MAINTi=NANCE
IN PUBLIC RIGHT-OF-WAY
TRA.NSPORTATION OPERA.TIONS DEPARTMENT
2705 SOUTH HORSESHOE DRIVE, NAPLES, FLORIDA.. 34104
ROW Section Telephone #659-5767 Inspection Telephone # wit~out Building Permit: 403-2417
Inspec'ion TelephOne # with Building Permit: 643-9757
A COPY OF THIS P:E?MIT MUST BE ON THE JOSSITE AT /.ILL TIMES.
FAILURE TO COMPLY MAY CAUSE JOB SHUT DOWN, ~
Peight-ol-Way Permit Number20990-E
Type of Construction: New Construction Detail: Modify 8ike/Pedestrian corridor along Vanderbilt Driv
The work herein described a~ perpiited is to be commenced en or about ;;7"'-:/c..-cr o! And
completed no later than / /, 3 tVc..---J tJ Expiration date fer work de.scribed: 11/30/2004
Department:
Date issued:
Tmnsportation Operations
05/05/20D4
Buiiding Permit Number:
Biock:
Unit:
Folio No.
Tract
SDP/AR Number: PSP Number:
Project Name: Vanderbilt Drive Overpass
Prcject Address: Vanderbilt Drive
Subdivision: Lot:
Section:
Township:
Range:
....,~.."H,..
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...............__.....~------*"._**,."........
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Contractor's Ne.me: VanasseDay[or
Business Address: 12730 New Br'ittany Blvd. Ste.
City: Fort !v1yer State: FL
Teiephone Number; <137-4636
Zip: 33807
Property Owner Nams:
Propeny Owner's Address:
City:
State:
lip:
Telephone Number:
""-_'__~_~'"_'__._.n.__..__._.___._"_.____.w._.____...0_......_.___...._______...._.._....___...._______._____"_.,._____________.___0.__.____.
4. If the application ls made by any person or firm other than the
owner 01 the pwperty involved, a written consent from the properly
owner shall be reqUired prior to prooessing of the appfication.
5.Transpol1atlon Operations Department s.pprova! does-,nol exempt
the permittee from gaining approval from any State, Federal or Local
,A,gencies having jUrisdiction over lh,G proposed worx.
6. i! right-of-way permit is issued in conjunction with 2 building
permit, the right-of-way permit expires upon completion of the
building.
7. 1 have read the Collier County Right-oT Way Permit Notes and
Conditions and agree to conduct a:1 work in accordance with the
County Ordinance 03-37, as amended and all applicable all County
and, State, codes and le.ws, as amended. Under penal1ies of
perjury, I declare that I r,ave read the foregoing permit applicallon
and thal1acts stated In it are true.
I
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,
Bv.
,.
DATE:
Staff Remarks: .ea below com;nent&lulllllUtlons If appllllllDlo.
Stioulation chanqe in the asnhalt needs to be 1" of S-lII and 2" SRI.
D5/05/2004
Also Visit our Web Site @ http://www.coiliergov.net/transportation/prowl/default.cfm
SEE REVERSE SIDE FOR CONDITIONS
Notes:
i.'Nark si1all bo performed in accordance with approved
plan, Conditions of Permit appearing on reveise side,
stipulations sp~cified as part of thIS permit and in
accoraance with Collier County Ordinance :# 03-37 and
the "P~blic Right-arR'Way Constl'Uction Si.ariciards
Handbook,' latest edilion.
2. ,Applicant deciares that pri::lr to filing this application
he has ascertained the Joca1ion of allexistino utilities,
both aeriai and underground. Any changes to any utility
shall be :he respcnsibiJity of the Permilt}~e for all cost
3, This permit is contingent upon Permittee obtaining
necessary rights of eniry for:.conslruction and
maintenance where required right-of"way for pL!biic use
l~as not been dedicated and accepted by Collier County,
Permit Status: Issued LH
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Agenda Item No. 1683
October 23, 2007
Page 17 of 17
SCHEDULE "B"
RIGHT OF WAY IMPROVEMENTS MAL'lTENANCE SPECIFICATlONS
These specifications are intended to provide the information by which private entities may understand the minimum
requirements ofea1lier County relative to maintaining County rights of way. Records of all specification requirements shall
be kept and made available to the County's representative upon request.
A. BOX CULVERT AND ROADWAY FLY OVER: A1mually the box cutvert shall be iuspected by an
engineering film for cracks and deterioration. Inspections and repairs shall be the responsibility of the Home
Owner's Association or developer until such time as Home O\\i1lers Association is established.
B. GUARD RAILING Al\D HAND RAIL: Guard railing and handrail shall be inspected annually by Collier
County for structural deficiencies. Ifneeded Collier County shall make immediate repairs ensuring public safety. If
the party directly responsible for the damage can not be located and charged, Collier County may hold the Home
Owner's Association or developer until such time as Home O\\'uers Association is established financially
responsible.
C. ROADWAY EMBANKMENT AT BOX Ct:L VERT: This includes the embankment in dlfect support ofthe
box culvert and shall be inspected annually for washouts or instability. This would not include bare areas in the sod
due to lack of growth of grass or plant material. This shall be the responsibility of the Home Owner's Association or
developer until such time as Home O\ivners Association is established.
D. ROADWAY PAVEMENT Al\D BASE: The County shall be responsible formaintenanee of sidewalks, striping,
pavement, base and curb except as may be damaged due to embankment failure (see item C).
E. UTILITIES: Collier County shall be responsible for utility (water and sewer) maintenance.
F. DR41NAGE AND J\i'IO\VING: Drainage structures and mowing within the area contained within the right of
\vay at station 393+82 and station 400+82.86 or approximately 360 feet south and 340 feet north of the center of the
box culvert shall be the responsibility of the Home Owner's Association or developer until such time as Home
Owners Association is established. Collier COWlty shall mow and maintain all other areas. Collier County shall
delineate this area by means of their choosing.
TRAFFIC CONTROL: The developer shall comply with the requirements of Collier County Maintenance of
Traffic (MOT) Policy, copies ohvhich are available through Risk Management or the Purchasing Department. TIle
Developer shall obtain and rcvie\\' the County :MOT policy requiremcnts. The Developer will be responsible for
obtaining copies of all required manuals, MUTeD, FDOT Road\vay & Traffic Design Standard Indexes, or other
related documents, so to become familiar \Vit11 the requirements. Strict adherence to the requirements of the MOT
policy will be enforced under this Contract.
To assist in employee visibility; approved bright day glow red/orange colored safety vests shall be worn by
employees when servicing the arca.
See Right-of-\"ay Permit for additional specifications.
No improvements to landscape or irrigation are currently proposed by the developer for this project.
1 of 1
EXECUTIVE SUMMARY
Agenda Item No. 1664
October 23, 2007
Page 1 of 20
Recommendation to approve a Developers Contribution Agreement with MAC
Builders, Inc. (Developer) and Collier County (County) to design, permit and
construct the intersection improvements on US41 and Barefoot Williams Road
(Project).
OBJECTIVE: To obtain BCC approval of the Developer Contribution Agreement
attached to this Executive Summary for the Developer to assume the full financial
responsibility to design, pennit and construct intersection improvements on US4 I and
Barefoot Williams Road.
CONSIDERATIONS: Due to the Developer's impacts and the existing background
traffic, the intersection has met the warrants for a traffic signal. The Developer proposes
to construct the signalization and intersection improvements as described and shown on
Exhibit "B". The Developer would assume all responsibility to design, permit, construct
and provide CEI for the proposed improvements. These improvements will require a
modification to the existing landscaping project at the intersection.
FISCAL IMPACT: The design, permitting and construction costs are estimated at
$653,137.33, which includes a rcimbursement to Collier County in the amount of
$53,137.33 for the design and construction of landscaping and irrigation. The Developer
agrees to assume the financial rcsponsibility for the costs and receive impact fee credits
in District 4 for 66.67% ofthe actual costs. This agreement will not adversely impact the
cash flow or liquidity of the County's road impact fee trust accounts. The County would
continue to collect "fair share" from existing Planned Unit Developments and other
responsible developments, including the Eagle Lakes Community Park.
The County will recognize revenues in the amount of $53,137.33. The rcvenues will be
used for the landscaping and irrigation modification at the intersection of US41 and
Barefoot Williams Road due to the signalization project. These improvements will follow
the completion of the signalization project.
GROWTH MANAGEMENT IMPACT:
consistent with the GMP and is not in
Transportation Plan.
The improvement of this intersection is
conflict with the MPO's Long Range
LEGAL CONSIDERATIONS: The attached agreement has been reviewed and
approved by the Office of the County Attorney for content and legal sufficiency. - JAK
":J."
RECOMMENDATION: That the BCC approve the Developcr Contribution Agreement
to fund the road project and the necessary budget amendments to recognize the additional
revenues and appropriate the revenues into the corresponding landscape project (Fund
112, Project #600451, #600231).
~.
Prepared By: Nick Casalanguida, Transportation Planning Director
Attachments: I) Developer DCA; 2) Exhibit A, A- I, A-2; 3) Exhibit B; 4) Exhibit C; 5)
Exhibit D; 6) Budget Amendmcnt; 7) Locus Map
Item Number:
Item Summary:
Meeting Date:
Page 1 of 1
Agenda Item No. 1684
October 23, 2007
Page 2 0120
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1GB4
This item continued fl"Ol11lhe SI"pternber 25,2007 BeC Meeting_ Recommendation to
appmvfl a Developers Contribution Agreement with MAC Builders, Inc_ (Developer) and
(;,)lIi,,1 County (t::oUlltYl tu desipn, p'_Jrnli! and construct the intersection improvements on
US41 and Barefuol Wilii'ilflS HI d (PI'IJUel).
1 U/2:J/2007 ljlj(i l.\;_' ,',\11
Prepared By
Nick Casalanguida
Transportation S~!vir.ps
MPO Oireclur
Date
TranspOl'1alinl1 Plallnill(1
8115/20073:51 :50 PM
i\I)I)rovcd By
Nick CD5Hlanguida
frnnspClltafion Servlc!!S
MPO Din"ctol
Date
transportatiun Pt,~nning
8115/20073:53 PM
Al1J)I'oved B)-'
J0tf Klalzkow
County !~ttort1ey
Assistnnt County AH0rne'~
Date
CO!i1l1V !\ttorno?y OfficI'
8/1712007 8:411 AM
Appnlvcd By
Sllluon N(;>W1\l,H)
Tr~l1sporlation S~I'\Iices
Accounting Svpnrvisot
Date
Transportation Services Admin
911 'l/2007 5:29 PM
Approved By
Pal Lehnhard
Transportation Services
Executive Secretary
Date
Transportation Services Admin
9/121200712:57 PM
Al'proved By
Diane B. Flagg
Transportation Services
Director A TM Director
Date
Alternative Transportation Modes
9/24/2007 4:20 PM
Approved By
Norm E. Feder, Alep
Transportation Services
Transportation Division Adminislrator
Date
Transportalion Services Admin.
9f25f2007 9:30 AM
Apl'fOved By
OMB Coordinator
Administrative Services
Applications Analyst
Date
lnforrnatlon Technology
10/9/200712:52 PM
Apl,roved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
10/15f2007 4:35 PM
AllpJ"Oved By
Michael Smykowskl
County Manager's Office
Management & Budget Director
Date
Office of Management & Budget
10115/20075:53 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10/15/20077:15 PM
-'-_._~-'-~-'-'-~--,---,-
Agenda Item No. 16B4
October 23,2007
Page 3 of 20
DEVELOPER CONTRIBUTION AGREEMENT
MAC BUSINESS PLAZA
THIS DEVELOPER CONTRIBUTION AGREEMENT (hereinafter referred to as the
"Agreement") is made and entered into this ,6 ''of Cot \,\" ,- , 2007, by and benveen MAC
BUILDERS, INC. (hereinaner referred to as the "Developer"), with an address at 15841 Pines
Blvd" Pembroke Pines, Florida 33027, and COLLIER COUNTY, FLORIDA, a political
subdivision of the State of Florida (hereinafter referred to as "County"). All capitalized temlS
not defined herein shall have thc same mcaning as set forth in the Collier County Consolidated
Impact Fee Ordinance, Ordinance No, ZOOl.. 13, as amended.
R E C I TAL S:
WHEREAS, Dcveloper is the owner of approximately 438 acres of land in
unincorporated Collier County, Flonda. located off the East Trail near its intersection with
Barefoot Williams Road., which will he commercially developed (hcreinafter referreD to as the
"Development"). A legal descripllon of the Development, together WIth a graphic rendering, is
attached as Exhibit A. ;\-1 and A-2: and
\VHEREAS. this llltersect!on now warranls a traffic light, \\ hich Developer is wrlling to
pay all costs for the design, pcmlitling and installation including modifications to the existing
landscaping project (hereinafter referred to as the "Project"'), as sd forth in Exhibit B
(Intersection site plan and pavement details) and Exhihit C (I.andscape and ilTigation change
order), as approved in Right-of-Way pem]lt ;ill)-A- I 97-0006, whieh Project has an estimated
cost of$653.1]7.33; and
WHEREAS, the County is willing to credit the Dneloper 66,67U{, of the actual total costs
Developer incurs for the Project: and
WHEREAS, the Transpoliation Admmistrator has recommended to the Board of County
Commissioners that the conveyance set forth in this Agrecment (hereinafter referred to as the
"Proposcd Plan"') is in confomlity WIth contemplated improvements and additions to the
County's transportation network: and
WH FREAS. alter reasoned consideration by the Board of Commissioners, the Board
finds and reafrim1s that:
a. The subject Proposed Plan is in confonnit)' with the contemplated improvements
and additions to the County's transportation system;
b. Such Proposed Plan, viewed in conjunction with other existing or proposed plans,
including those from other developers, will not adversely impact the eash now or
liquidity of tbe COlUUy'S road imp"ct fee trust accounts in SLlch a way as to
frLlstrate or interfere with other planned or ongoing growth-necessitated capital
improvements and additions to the County's transportation system;
.~~.'---_---.........
Agenda Item No. 1684
October 23, 2007
Page 4 of 20
c. The Proposed Pian is consistent with both the public interest and with the
comprehensive plan, including the most recently adopted five-year capital
improvement program for the County's transportation system, the Long Range
Tnmsportation Pian and complies with the requirements of the Collier County
Consolidated Impact Fec Ordinance; and
d. Developer has paid the Two Thousand Five Hundred Dollars ($2,500.00)
application fee for this Agrcement.
WIT N E SSE T H:
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and
valuable consideration exchanged amongst the parties, and in consideration of the covenants
contained herein, the parties agree as follows:
I. All of the above RECITALS are true and correct and arc hereby expressly
incorporated herein by reference as ifsel [orth fully below.
2. The Developer a!,'Tees to (1) construct the Project as shown on Exhibit B (Right-
of,Way pennit #05-A-197.()006) estimated at $600,000: and (1) prior to the commencement of
the Project, pay the County for the actual costs of the landscaping and iITigation changes, which
costs have bcen estimated at 553.13 7.33 as shown in Exhibit C. The Developer shall notify the
County 90 days prior to the commencement of the Project and provide a copy of the
construction proposals for approval by the County. The County shall pro\'ide tbe Developer the
actual costs of the bndscaping and irrigation prior to commencement of the Project. Following
completion of the Project, the signal will be owned, operated and maintall1ed by Collier County.
3. Upon commencement of the Project, the De\'cloper shall receive Road Impact Fcc
credits in an amount equal to 66.67% of the estimated costs for the Projcct. An impact Fcc
Credit Lcdgcr in tbe amount of $435,446.66 is attached as Exhibit D. Prior to the issuance of a
certificate of occupancy for tbe MAC Business Plaza (AR#- 10320), the Developer agrees to
provide to the County the actual costs for the Project. Should the actual costs be less than the
estimated costs, the Developer shall reimburse the County for 66.(,7% of the difference. Sbould
the actual costs be more than the estimated costs, the Developer shall receive impact fee credits
for 66.67% of the difference. Site related access improvements will not be e1igihle for Road
Impact Fce credits.
4. The credit for Road Impact Fces identified herein shall nlll with the Developmcnt
and shall be reduced by the entire 'Ullount of each Road Impact Fee due for each Building Pennit
issued thereon until the Development project is either completed or the credits arc exhausted or
otherwise no longer available, or have becn assigncd by operation of or pursuant to an
assignment a!,'Teemcnt \vith County. The foregoing reduction in the Road Impact Fees shall be
calculated bascd on the amount of the Road Impact Fees in efTect at the time the Building Pennit
is issued. The credits set forth herein shall be applied solely to Road Impact fees, and shall not
offset, diminish or reduce any other chargcs, fees or othcr Impact Fees for which the Developer,
lts successors and assigns are responsible in connection with the development of their lands. 11 is
Page 2 of5
_._-_.._._-~--~---------....._,.._,._.__.,._~-,_._--
Agenda Item No. 16B4
October 23. 2007
Page 5 of 20
expressly understood that the Impact Fee Credits will be utilized in the order in which the
Building Pennits are reviewed by the Impact Fee Administration, irrespective of whether
Developer assigns all or part of the Development. These Road Impact Fee credits may be
assigned at any time to any another development within the same or an adjacent impact fee
district provided that all parties to this assignment of impact fee credits comply with all then-
current rules and procedures of the Collier County Impact Fee Administration section, and
execute all then-current County approved assit,'nment fonns.
5, This /\greement shall not be construed or characterized as a development
agTeement under tbe Florida Local Government Development /\greement Act.
6. Thc burdcns of this Agreement shall be binding upon, and the benefits of this
Agreement shall inure to. all successors in interest to the parties to this Agreement. Upon giving
wrillen notice to the County. Developer may assign all or part of the Road Impact Fee Credits.
utilizing the COUtlt):'.s then current roml of assignment. to successor O\\-'l1CrS of all of part of the
Development, or as otherwise provided !('" in the Collier County Conso]idalcd Impact Fce
Ordinance.
7. Developcr acknowledges that the f:1i]ure ofthis Agreement to address any permit.
condition. term or restriction shall not relieve eitber the applicant or owncr, or its successors or
assigns, of the necessity of complying with any law) ordinance. rule or regulation govcn1illg said
permitting requirements, conditions, temlS or restrictions.
8. In the event state or Iederal laws are enacted after the execution of thiS
Agreement, which arc applicable to and preclude in whole or in part the parties' compliance WIth
the temlS of this Agreement. then in such evcnt this Agreement shall he modiiied or revoked as
IS necessary to comply with such laws, in a manner which best reflects the intent of this
J\greement.
9. Except as otherwise provided herein, this Agreement shall only bc amended by
mutual writtcn consent of the parties hereto or by their successors in interest. All notices and
other communications required or pemlitted bereunder shall be in writing and shall be sent hy
Certified Mail, rctum receipt requested, or by a nationally recognized ovcmight delivery service.
and addressed as follows:
To County:
MAC Builders. Inc.:
Hannon Tumer Building
Naples, Florida 34112
Attn: NOlman E. Feder, A.I.e.P.
Transponation Division Administrator
Phone: (239) 774.8872
Facsimile: (239) 774-9370
Attn: Carlos Veloz
1584] Pines Blvd.; Suite 338
Pemhroke Pines, Florida 33027
Phone: (954) 389.97]()
racsimile: (305) 597-3878
Page 3 ofS
Agenda Item No. 16B4
October 23, 2007
Page 6 of 20
Notice shall be deemed to have been given on the next successive business day to the date of
the courier waybill if sent by nationally recognized ovemight delivery service.
10. Developer shall exeeute this Agreement prior to it being submitted for approval
by the Board of County Commissioners. This Agreement shall be recorded by the County in the
Omcial Records of Collier County, Florida, \vithin fourteen (14) days after the County enters
into this Agreement. Developer shall pay all costs of recording this Agreement. The County
shall provide a copy of the recorded document to the Developer upon request.
II. In the event of a dispute under this Agreement, the parties shall tirst use the
County's then-current Alternative Dispute Resolution Procedure. Following the conclusion of
this procedure, either party may file an action for inJunctive relief in the Circuit Court of Collier
County to enforce the tenus of this Agreement, said remedy being cumulative with any and all
other remedies available to the parties for the enforcement of this Agreement.
12. Any future reimbursement tor exeess credits shat! eomc from future receipts by
the County of Road Impact Fees. However, no reimbursement shall be paid until such time as all
development, as detined by the County Manager or his designee, at tbe location that was subJect
to the credit has been completed. Such reimbursement shall he made over a period of five (5)
years from the completion of (he Development.
13. An annual review and audit of perfonnance under this Agreement shall be
performed by the County to determine whether or not there has been demonstrated good faith
compliance with the temlS of this Agreement and to report the credit applied toward paY111ent of
road impact fees and the balance of available unused credit. If the Collier County Board of
Commissioners finds, on the basis of substantial competent evidence, that thcre has been a
failure to comply with the terms of this Agreement, the Agreement may be revoked or
unilaterally modified by the County.
REMAINDER OF P AGE INTENTIONALLY LEFT BLANK
SIGNA TURF P AGF TO FOI.LOW
Page40f5
--------'--_.~-----.._~..
Agenda Item No. 1684
October 23,2007
Page 7 of 20
fN WITNESS WHEREOF, tile parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first above v..,;tten.
Attest:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLfER COUNTY, FLORIDA
fly:
By:
, Deputy Clerk
JAMES COLETTA, Chairman
AS TO DEVELOPER:
Signed. sealed and
delivered in the presence of:
MAC Builders, Inc.
B\-:
i
t, ;
.;j,d"
-------------.--', .--' 1\ _~_______....,_..____...~__
Carlos\VeI~z. President
,
Signature
Printed Name
S i gnat ure
Printed NanlC
STATE OF .~_.~____..
COUNTY OF " '..
------~ '\ ;'1\ . " ..!
The f()regoing instrument was acknowledged before mc\~his .....:L._.. day of t)c ,Pi'> "'-I-- .2007,
by Carlos Veloz, as President MAC Builders, Inc., wh'W.~ I'er~on~ ..k!l.(),v"'Q.. to me or has
produced as identification. i" ',\'
.------------ , '\-------
i '
V,y
NoWr" pdblic / .
Print~/!2.A~'\ +~~I'h..\ b"-c
My Commission Expires: __
Approved as to !(mn
and legal sutliciency:
\\\,'0'" ",
......~...l!
!:?,.-'"j
~~1~:",.
-:"'1Iandez
D359522
14, 2008
\rn
b CQ"lnc.
Jeffrey A. Klatzkow
Managing Assistant County Attorney
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?1W;ee & /l44~iate4
Agenda Item No. 16B4
October 23, 2007
Page 12 of 20
Landscape Architecture
10101/07
US 41 East Landscaoe Beautification Master Plan Phases 0 and E Landscaoe Modifications due to
Traffic SiQnal at Barefoot Williams and EaQle Lake Park Entrance Proiect
I. Collier County Bid #07-4080; Collier County Project No. 600231 Material Schedule,
US 41 East Phase D (St. Andrews to Barefoot Williams) - Modifications for Traffic
Signal at Barefoot Williams and Eagle Lake Park Entry
Amount Deleted Phase D (At. Andrews -Barefoot Williams)
'Work required accommodatinQ Traffic SiQnal
Opinion of Total Cost
$(15,203.80)
$41 ,472.20
$26.268.40
II. Collier County Bid #07-4079; Collier County Project No. 600451 Material Schedule,
US 41 East Phase E (Barefoot Williams to 951) - Modifications for Traffic Signal at
Barefoot Williams and Eagle Lake Park Entry
Amount Deleted Phase E (Barefoot Williams-951)
'Work required accommodatinq Traffic SiQnal
Opinion of Total Cost
$(19,054.20)
$44,393.13
$25.338.93
'Work to include removal and relocation of existing 6" irrigation main hne,
Installation of valve boxes, wiring, heads, extension of 6" HOPE, irrigation main line and
other irrigation system components. Installation of plant materials, sod, mulch and
decorative pavers.
III. OPINION OF TOTAL COST
DELETED FROM CURRENT LANDSCAPE PROJECTS
MODIFICATIONS/lNSTALLA TION
DESIGN COSTS D & E
$(34,258.00)
$85,865.33
$1.530.00
$53,137.33
NOTE: Both the US 41 East Phase 0 and Phase E projects are scheduled to be
completed by October 13, 2007 and a change order to each project for the deletion
items will need to be executed reflecting the above stated amounts.
The Bahia grass cost will need to be installed by the current contractor if there is to be a
long delay between the project start times. If there is to be no delay then the additions
cost item for the Bahia grass and the spraying and removal could be deducted.
The installation of irrigation and plant material noted as "Modifications/Installation" will
need to be installed upon completion and acceptance of the current roadway landscape
improvements and then coordinated with the installation of the traffic signal. These items
should be bid separate from the original installation.
Design * Environmental Management * Planning * Arborist
5019 Tamiami Trail East / P. O. Box 8052 Naples. Florida 34101
Phone (239) 417-0707. Fax (239) 417-0108
LC 098 . FL 1023A
EXHIBIT D
Agenda Item No. 1664
October 23, 2007
Page 13 of 20
DEVELOPER CONTRIBUTION AGREEMENT
ROAD IMPACT FEE CREDIT LEDGER
. MAC Builders, Inc. Impact fee ledger.
I B8jJinning Balance I
$435,446.661
DATE PERMIT # CREDIT AMT BALANCE COMMENTS
Beginning Balance $435,446.66
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Agenda Item No. 1684
October 23, 2007
Page 18 of 20
Landscape Architecture
10/01/07
US 41 East Landscape Beautification Master Plan Phases D and E Landscape Modifications due tp
Traffic Sianal at Barefoot Williams and Eaale Lake Park Entrance Proiec1
I. Collier County Bid #07-4080; Collier County Project No. 600231 Material Schedule,
US 41 East Phase 0 (St. Andrews to Barefoot Williamsj- Modifications for Traffic
Signal at Barefoot Williams and Eagle Lake Park Entry
Amount Deleted Phase D (At Andrews -Barefoot Williams)
'Work required accommodatinq Traffic Siqnal
Opinion of Total Cost
$(15,203.80)
$41,472.20
$26,268.40
II. Collier County Bid #07-4079; Collier County Project No. 600451 Material Schedule,
US 41 East Phase E (Barefoot Williams to 951) - Modifications for Traffic Signal at
Barefoot Williams and Eagle Lake Park Entry
Amount Deleted Phase E (Barefoot Williams-951)
'Work required accommodatino Traffic Siqnal
Opinion of Total Cost
$(19,054.20)
$44.393.13
$25,338.93
'Work to include removal and relocation of existing 6" irrigation main line,
Installation of valve boxes, wiring, heads, extension of 6" HDPE. irrigation main line and
other irrigation system components. Installation of plant materials. sod, mulch and
decorative pavers.
III. OPINION OF TOTAL COST
DELETED FROM CURRENT LANDSCAPE PROJECTS
MODIFICATIONS/lNST ALLA TION
DESIGN COSTS D & E
$(34,258.00)
$85,865.33
$1.530.00
$53,137.33
NOTE: Both the US 41 East Phase D and Phase E projects are scheduled to be
completed by October 13. 2007 and a change order to each project for the deletion
items will need to be executed reflecting the above stated amounts.
The Bahia grass cost will need to be installed by the current contractor if there is to be a
long delay between the project start times. If there is to be no delay then the additions
cost item for the Bahia grass and the spraying and removal could be deducted.
The installation of irrigation and plant material noted as "Modifications/Installation" will
need to be installed upon completion and acceptance of the current roadway landscape
improvements and then coordinated with the installation of the traffic signal. These items
should be bid separate from the original installation.
,
.,
Design * Environmental Management * Planning * Arborist
5079 Tamiaml Trail East I P. O. Box 8052 Naples, Florida 34101
Phone (239) 417-0707' Fax (239) 417-11708
LC 098' FL 1023A
EXHIBIT D
Agenda Item No. 1684
October 23, 2007
Page 19 of 20
DEVELOPER CONTRIBUTION AGREEMENT
ROAD IMPACT FEE CREDIT LEDGER
I
MAC Builders, Inc; hl'lpact.fee ledger
I Beginning Balancej
$436,446.661
DATE PERMIT # CREDIT AMT BALANCE COMMENTS
Beainnlna Balance $436,446.66
I
I
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Agenda Item No. 16B5
October 23, 2007
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to approve a declaration setting aside connty-owned lands for a public
access easement. (Fiscal impact: $10.00) Project # 60171
OBJECTIVE: To establish for the public record that certain lands owned by Collier County shall
hereinafter be put to certain specific public use as access facilities, which may include a sidewalk.
CONSIDERATIONS: Pursuant to Ordinance 03-50, the Falling Waters PUD, Paragraph 5.6C,
"One hundred feet of right-ofcway shall be provided between Davis Boulevard and the platted
segment of Santa Barbara Boulevard. In exchange for right-of-way dedication, the County shall
provide an access easement bctween Tract "s" and Tract "R"..." (Depicted as Tract "S-I" on
Exhibit "A").
Tract "S-I" is located at the southeast comer of a County-owned I 0 acre borrow pit property which
was recently approved for sale to the highest bidder. Sealed bids are being accepted until November
9.2007.
Upon receipt of the right-of-way Irom the Falling Waters developer, this Declaration of Public
Access Easement is to be recorded in the public records as constructive notice to all that the subject
property is being put to the uses as described. See Exhibit "B".
FISCAL IMPACT: Fiscal Impact associated with this Executive Summary is $10.00 (recording
fees) and will be paid from gas taxes. Sourcc offunds are gas taxes.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDATIONS: Recommendation that the Board of County Commissioners:
]. Approve the attached Declaration and authorize its Chairman to execute same on behalf
of the Board; and
2. Authorize staff to record same in the public records of Collier County, Florida.
Prepared By: Debbie Armstrong, Assistant Right-of- Way Manager, TECM-ROW
Attachments: (I) Exhibit A; (2) Exhibit B
Item Number:
Item Summary:
Meeting Date:
Page 1 of 1
Agenda Item No. 1685
October 23, 2007
Page 2 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
jbf35
Recommendation to Llpprove a decimation setting aside county-owned lands for a public
access easelm~ll!" (FiSCrll impact $10,(0)
10/23/2001 \-)"Otl:OO AM
I)repared B)'
Debbie Armstrong
Transportation Services
Propeliy Acquisition Specialist
Date
TEeM-ROW
10f2/2007 9:04:45 AM
Approved By
Usa l'aylor
f'fl'lllSportation Services
Managemllrlti!3udget Analyst
Date
TransportBUon Admiill"tratiQI1
10/3/20077:38 AM
ApllI.ovcll By
NOlin E. Feder, tllep
TransPoltatioll Services
1 ransportatiofl Oivisioll P,drninistp:ltor
O;lle
fr-;J;nsportation S(J-I'''iLL'S )\dmin.
1()/912007 9:!;S AM
Approved B)-'
I<cvin Hendricks
rl-ansport.atioll Services
Hight Of Way Acqllis.ition IVlanaqer
Date
TFUIII-ROW
10/9120074:26 PM
Apprond B)'
Najeh Ahmad
Transportation Services
DJrector
Date
Transportation Engineering &
Construction Man{\gement
10/9120074:56 PM
Aplu'oved By
Sharon Newman
Transportalioll Services
Accounting Supervisor
Date
Transportation Services Admin
10/10/20074:18 PM
AI.proved By
Pat Lehnhard
Transportation Services
Executive Secretary
Date
Transportation Services Admin
10/11/20078:51 AM
AplH.oved By
OMS Coordinator
Administrative Services
Applications Analyst
Date
Information Technology
10f11f2007 2:32 PM
Aplll'oved By
Susan Usher
County Manager's Office
Senior Management/Budget Analyst
Date
Office of Management & Budget
10f12f2007 12:06 PM
AI'I,roved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Date
OHice of Management & Budget
10/12/20073:11 PM
^11(lrOved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10/15/200710:03 AM
(
I
Agenda Item No. 1685
EXHIIIT~~~~n
Pav--L of...L.
COLLIER COUN I Y FL ORIDA
(
SECTION 8, TOWNSHIP 50 5, RANGE 26 E,
~~i/~~~f.~Roe~iiA~ATE:R FALLING WATERS LLC __D _AJ0~ _. B O!:!..LJ~A R D
MOUNT KISCO. NY 70549 ======--===~_=~
*Ncf
W E
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S
-
o
400
Q
(ED,
-J
LAND USF MA mix
TOTAl.
eUIWINGS
PAVING
LAKES
GREEN
PRESERVE
% IMPERVIOUS
% OPEN SPACe
% PRESERVED
161 54 AC
33.0 AC
214 AC
2/1 AC
348S AC
5059 AC
47 %
66 %
31 ;:
NOrcc: ALL BUfFERS PER LDC 24
PERIMUER ZONING INDeX
E. U ESTA TES UNDEVELOPED
ED. ESTATES DEVELOPW
A U AGRICUTURE UNDEVELOPE:D
A D. AGRICUL TURAL W/RESIDENCE
CXU COMMERCIAL UNDEVELOPED
,QU
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Agenda Item No. 1685
October 23, 2007
Page 4 of 4
IXHlBIT..Jl.
JiIIILL......l-
DECLARATION
THIS DECLARATION is made this day of , 2006, by
COLLIER COUNTY. a political subdivision of the State of Florida, having a mailing
address of 3301 East Tamiaml Trail. Naples. Florida 34112. hereinafter referred to as
"Deciarant"
WHEREAS, Declarant is the owner of certain real property situated In Collier
County, Flonda, a portion of which Declarant is to set aSide and reserve in perpetuity for
access purposes for the benefit of the public, in accordance with and pursuant to
Ordinance 03-50, Paragraph C of Section 5.6 Transportation: said portion more
particuiarly described as follows (and herematter referred to as the "Property"):
THAT PART OF THE SW 1/4 OF THE SW 1/4 OF THE NE 1/4,
SECTION 8, TOWNSHIP 50 SOUTH. RANGE 26 EAST. COLLIER
COUNTY, FLORIDA DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER OF SECTION 8, TOWNSHIP 50
SOUTH, RANGE 26 EAST. COLLIER COUNTY. FLORiDA: THENCE
SOUTH 88"44'00" EAST 540.87 FEET ALONG THE EAST-WEST
QUARTER LINE TO THE POINT OF BEGINNiNG: THENCE CONTINUE
ALONG SAID QUARTER LINE SOUTH 88044'00" EAST 125.83 FEET TO
THE SOUTHEAST CORNER OF THE SOUTHWEST Yo OF THE
SOUTHWEST Yo OF THE NORTHEAST lei OF SAID SECTION 8:
THENCE NORTH 00'03'46" WEST 125.83 FEET ALONG THE EAST
LINE OF THE SOUTHWEST Yo OF THE SOUTHWEST Yo OF THE
NORTHEAST Yo OF SAID SECTiON 8: THENCE SOUTH 45'36'07"
WEST 175.87 FEET TO THE POINT OF BEGINNING. SAID PARCEL
CONTAINING 7,914.6 SQUARE FEET MORE OR LESS.
(Also known as Tract S1 on the PUD Master Plan to Ordinance 03-50.)
NOW THEREFORE. Declarant does hereby set aside and specifically reserves
the Property as access facilities. which may mclude a sidewalk. This Declaration does
not create any Interest right or easement in favor ot any pnvate or public utilities.
IN WITNESS WHEREOF, Declarant has caused these presents to be executed
the date and year first above written.
ATTEST:
DWIGHT E. BROCK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
, Deputy Cierk
Frank Haias, Chairman
Approved as to form and
legal sufficiency:
~J~
Heidi F, Ashton
Assistant County Attorney
Agenda Item No. 16B6
October 23, 2007
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to award Bid No. 08-5001, "Qneens Park Neighborhood Fencing Installation" to
Commercial Fence Contractors, Inc. in the amount of $60,073.52.
OBJECTIVE: To receive Board approval to award a contract to proceed with the Queens Park
Neighborhood Fencing Installation, as per plans and specifications, in an amount not to exceed
$60,073.52 to the lowest, qualified and responsive bidder, Commercial Fence Contractors, Inc.
CONSIDERATIONS: The bid was advertised on September 21, 2007 and one hundred and ninety
five (195) notices were sent to potential bidders. On October 2,2007, eight (8) bids were received, and
three (3) were deemed non-responsive. The bids were reviewcd by the Storm water Management
Department in conjunction with the Purchasing Department. Responses were received from the
following firms: Judson Construction Group, Gatework, Inc., 1I0mescape SWF, Commercial Fence
and USA Steel Fence.
This project consists of installing a vinyl fence in the north - south direction adjacent to the newly
constructed canal located in the Queens Park subdivision, as part of the Lely Area Storm water
Improvement Project (LASlP) Phase] A.
The total length of the fence installation was estimated and advertised during the bidding process to be
1,984 linear feet. This total has been revised to include an additional 460 feet to fence a common area
and four (4) additional lots originally not taken into consideration, tor a total of 2,444 linear feet. Bid
solicitations were received on a time and material per linear foot basis. The fence will be a six (6) foot
tall solid vinyl fence, brown in color as recommended by the Qucens Park Homeowners Association. It
will be installed at the top of the west side of the canal bank, on the properties in which the owners
have requested the fence. The fence will also be installed along the 200' long common property park
parcel.
Staff has reviewed the bids and recommends awarding to Commercial Fence Contractors, Inc. as the
lowest, qualified and responsive bidder.
FISCAL IMPACT: Funding in the amount of $60,073.52 IS available In Fund (325) Lely Area
Stormwater Improvement Project (51101 I).
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with
this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners award Bid No. 08-5001, "Queens
Park Neighborhood Fencing Installation" to Commercial Fence Contractors, Inc., and authorize the
Board Chairman to execute the standard, County Attomey approved contract
Prepared By: Gianfranco Nicolaci, Project Manager, Transportation Services Division, Stormwater
Management Department
~- Attachments: (I) Project Location Map; (2) Bid Tab
Item Number:
--
Item Summery:
Meeting Date:
Page I of I
I\genda Item No, 16B6
October 23, 2007
Pdge 2 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1686
Recornrnel'dation 10 ilwal'd Bid No 08-5001. Queens Par~ Neigllbartlol',rj Fencing
Installation to COllllllerdal Fence CUlllrflGlurs Inc, in the (1fIl(lI.Hlf Qf$60,073.52; Project
511012
10123/2007,J:OO:OOAM
l!"t~
Pnpared RJ
Gii1nfranCf; Nlcolncl
lrAnspon,l!iOll 3r'-vic()~
Pnljecl r,l~n~g~I'
StDnnwi1!~rM"Il;1gnnlA"t
IfJIL:U007,1:1006PM
IJlIlil
ApprondIlJ
GelaTe! lluptz
lr"nsp(,nation Ser'/k('"
Sl!ni.jrEngin')er
St':'ITnw"lnrMaIlJ[Je'ncllt
lOm/iOU'" ,;:5,1 PM
U"le
Apllrovl'd OJ
Brenda [lrtrhnrt
I\dlllir)jstr3fi'l~ ,')'.!rvicQ~
r"l'"hJsinH^w'nt
PUl':!n~il1\1
IIJi9i2007!;1)]-<,M
Ddle
Approved oy
Mikt> H:;"pr
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r'n.,::r'I"O_II1')
'fI/~!:,".Ii'i' i;'i.\ i,,(,q
r',]n,
Al'lJI'oved By
~.;Ull(,l1~ '~~Iv"rl
r"'''IG)'':>lla1i<m,$(!p-v)(,,'r,
1'T'inctpaIPrc-iocl Man;,'ljsr
I r a" f\ po 1'1 ;.j i\J 11 En II iTl00..1 n~,1 "n ri
i')/10:'20rl'/'';121,101
rnl\c,'",n:lICln M"n~'!<>nI0"t
;';~:\!
'\pproved By
Stf'veC'I('(](dl
A<imif1lstl'~tiv~ ,iep-vicer,
P"rr;hi1sinsi(';"rl':r~1 ""-:0 IJI,-,-'d",
F"L-cllJ~inl/
'l)/fIJ10llf 1(/:10 AM
IJnto]
Approved lIy
St[Ov~ Carrl<JlI
,/ldmlnlsln'tlv') r.;1!..vie~'\
PmchCl",i'l[)iGerH i'~l Svcs t"li"'~hr
PU!'ChA~i,,\]
trJ'11.'2007 i'):'lJAM
Date
Approved By
Carollll~ Soto
fransportatlon S~rvlce$
Ar:lmlnlstr;)ti'lfA~slstarlt
TrHIl~po..tal.lan Engil1(!r!l"lng and
C{1nstnl~ti'ln
1CI11/200710:27 AM
Dill'.!
Approved By
NOnTIE.l'edlH,AICP
fr~m'por1"llonS!!rvjc."s
Tran,;pott"tiulI Di',isiQIlAdminlr,ltalf)r
Tr"n$por\"Hon Srrvic"s Adlllin
1~!111I.UOll1:21 AM
Date
Appro\'edll}'
SI,arOIl Newman
Transp0l1ationServicps
Ac.countil1gSupervtsor
Tr"n~portMlfJtl St>rrir.!!sA<imin
IOI'!112Q07l\:25PM
Dale
Approved By
rat LehnhMcI
Tramlrrlft"tl{lIlServlp~s
Executhre Secrct>llY
Tr,lnspnnalirtl1 Servlr:~s Admin
10i"l1l20074,'l6PM
Date
Apllruved B)'
OMBCoordinator
Adlll!nistratlveS(lrvke5
^f!plicatlansAnalyst
Inr'-lrm~1j'JIl TechnolrlUY
HlI1SI200'711:12 AM
Dato~
Apllroved By
Susan Usher
County Manager's Offl~a
Senj(lfManau!![n!!ntlB\'dg&tAn~lyst
Ofllcl'of Manilgtlml'llt& fl.u<ige!
tQ115/20072:06PM
Dale
Approved By
MlchaelSmykowskt
County M~n~9p.r's Of/l~P.
Man;,gemenl & Budg'.!! Dlrecl()[
omo:e,.>[MI1""9<>n''''1!& Bud(lllf
1011$iZQ073,09PM
Counly 1Vt;,"~ger Di;lOO
Approved By
Jat11\!sV, Mudd
Board alCounty
COlnlTllsslonprs
COllnty Manager's O!fl~& 10118120077 16 PM
Agenda Item No. 16B6
October 23, 2007
Collier County Stormwate." Management Department
Queens Park Neighborhood Fence Installation
Project Number 511011 (LASIP PH. IA)
Attachment fiB" - Queens Pad.. Lots
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Agenda Item No. 16B7
October 23, 2007
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation to award Bid #07-4185 "US 41 (Tamiami Trail) East Phase C, D and E
(Rattlesnake Hammock Road to Collier Blvd.) and SR 951 @ Fiddler's Creek Annual
Landscape Maintenance Contract" to Vila & Son Landscaping in the amount of
$339,542.80 (Fund 111 Cost Centers 163851 and 163887).
OBJECTIVE: Award Bid #07-4185 "US 41 (Tamiami Trial) East Phase C, D and E
(Rattlesnake Hammock Road to Collier Blvd.) and includes SR 951 @ Fiddler's Creek Annual
Landscape Maintenance Contract" to Vila & Son Landscaping to maintain approximately six (6)
miles of landscaping and irrigation.
CONSIDERATIONS: On August 22, 2007, the Purchasing Depaltmcnt sent out one hundred
and ten (110) notices for the US 41 (Tamiami Trial) East Phase C, [) and E (Rattlesnake
Hammock Road to Collicr Blvd.) and SR 951 @ Fiddler's Crcek Annual Landscape
Maintenance Contract. On August 31, 2007, a mandatory pre-bid meeting was held. On
September 5, 2007 six (6) bids were opened. StatT reviewed the bids and two out of the six bids
were deemed non-responsive; Caribbean Lawn for not having the required Maintenance of
Traffic Certification prior to thc bid opcning, and Amera Tech for not submitting a revised bid
schedule issued in an addendum. This recommendation j{)r award was on a previous agenda, but
was removed due to protest. The Purchasing Director respond cd to the vendor and the protest
was resol ved.
Staff recommends awarding Bid #07-4185 to the lowest, qualified and responsive bidder, Vila &
Son Landscaping in the amount of$339,542.80.
Bidder
Vila & Son Landscaping
Superior Landscaping
Commercial Land Maintenance
Hannula Landscaping
Caribbean Lawn
Amera Tech, Inc.
Base Bid
$339,542.80
$349,821.36
$432,855.00
$579,980.20
Non-Responsive
Non-Responsive
FISCAL IMP ACT: Funds for this contract are budgeted in FY 08 in the MSTD General Fund
(1 I 1) Cost Center #163851 in the amount of $302,589.20 and Cost Center #163887 in the
amount of$36,953.60 for a total of$339,542.80.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners award Bid #07-4185 "US
41 (Tamiami Trial) East Phase C, D and E (Rattlesnake Hammock Road to Collier Blvd.) and SR
951 @ Fiddler's Creek Annual Landscape Maintenance Contract" to Vila & Son Landscaping
and authorize the Chainnan to execute the standard contract after review by the County
Attorney's Office in the amount of$339,542.80
Prepared By: Liz De Leon, Project Manager, Department of Alternative Transportation Modes
Attachment: Bid Tab #07-4184
Item Number:
Item Summary:
Meotlng Dato:
Page 1 of 1
Auend;lli,em No, 1687
October 23, 2007
Page 2 oj 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16B7
ReC()mlllel1datiolllo aWilrd Elid #07-4HJ~i "US 41 (Tal\1iami frail) EesltRalllesnake_
HillllJllm;k 10 Collier Blvd,)l\llIlual Mail1lellJflCe" 10 ViiI) [, Son Landscaping in the amount of
$33[J,542f-O
IO/23i2ijOl9:00:00Afv1
Dat\!
Prellllnd By
LlzO\! Leon
Tr~I1~I'()rl,lll(lII ~"nd(:e5
OpP...~tl()ll~ CO{Jr[H"~tol.
AltMlllltivc Tml1~r>ortgti"l1 M,.,de~
1012,.'2U07 '12:ll~ :J~ PM
['.late
^IJIWO\'edUy
Llz D.> Leoll
rrilnsl1nrtatioll SenJlu!~
Oporali"ns Cuorr:llnator
!\lIenl'llive Tram'pod:l!lrHl M()cI,,~.:
ir)I}/}[l1J7 '2:[lf PM
r-'~te
^Illll"oved By
Brunda Blilhart
Ad'l!ini5tr"tlv~ SCI'vlrow;
!\PllrondHy
Mike Hallcr
'~drnitH,1 ,."tlv", ""."v"
rllrch,J~ ill(1 ^g~ll!
['" I C 1,;:r' 'H~J
1IiI2Ul1lil3:1i? ,'f;iI
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'H!.liii"l, !J,I'ANI
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o/:uw H. FI~U"I
rr~tl~I'",.t,':r~i"t1 ~,)"tiU'~
r'in.,ehr A I'M Di,'"clc,r
^ltNn~II'i': l"~I1';fJ'.1r~~Ii(11I ~.;i..,d'
jll'''';:I)(I'lr;:'I'H..t
U,,(~
Al'pl"llvetl By
("orl~ Hern!r:.'
!"-<1t1S[.'(H'IJlIonSRfvl';p';
rfi,ln;Jq(lnl~nllB"rlUr,l: !~ll;lly s~
"!onW''':1i.,'rMn,., ''Jc,'''H:'Ol
FI/Il,.'2Ii':rr 1'.'M,1l
i'iate
AI1I11'Oved BJ'
Nc;nT1 E. Fcder, A\CP
Tr~nsp(1tl~tion .'3on<lc(-r,
Tr~n;;port~f.i(>l'1 Oivli;IOl1 ^tllllinistt'atnr
Tt':jn,pnrt,~tiMl S,,',vl<:r~ ^'ln1In
1.lW'/2(107 ~:5r, A~1l
Date
^IJI"'O'HdBy
StevnCJrnnll
,li,dl11lnistr1l1lvcSorvlces
P\lldl~~lngIGcll"'lal SVC5 Dir"ctor
Pllrch~~ill!l
10.l~iZOOT 1l:5fJ PM
Date
Approved By
Sharon Newl'n,H)
Tr"tISI'OI1atioHSerV!c')5
AccolJntingSupI:'rvlsOI
Tr~1l5portnll()n Scrvl('.f"" ArJ"lll\
1(J/11.1;'lllli5:06PM
Date
:\llllrovetl By
Pat Lehllhard
TrnIlSflortatIOI1S;>r'tlc(>;
Executive SecrN~ry
Transportatioll Servlcu5A(1rnin
tOll1i;!Q079:())AlVl
Date
Approved By
OMB Coordinator
A<1mlnislrativeServlces
ApplkationsAnalyst
l!1frmnMtonTpcI1'10Io!]'{
10115/200711:11 AM
Dale
Aplll"ovetl 8)'
Mark f~ackson
County Man<lSwr... om<:e
B1II1getAnalysl
Olflceof Mmwgerncnl /l, Bud!],"t
1Qll1IZ0n75:5..1PM
OatfJ
Approved By
James v. MLJdd
Board of County
Cor"mls8+o'm~
County Miln~ger
County MAnager's Ofllce
10116120077:01 PM
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Agenda Item No. 16C1
October 23, 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 Noti~e of Promise to Pay and Agreement to Extend Payment of Water and/or Sewer
System Impact Fees executed by:
SEE A TT ACHED EXHIBIT "A"
Full payment and satisfaction of this agreement have been made. The County Attoll1ey's Office
has reviewed and approved the satisfaction.
FISCAL IMP ACT: Satisfaction of this agreement has increased the cash flow in the sewer
impact fee (Fund 413) by $ 1,527.18. 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 IMP ACT: There is no Grow1h 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.
~.-
Page I of I
Agenda Item No. 16C 1
Oclober 23, 2007
Page 2 015
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
IGCl
~~eCOlllflielld81iolllo approve the Satisfaction for a certain Water and/or Sewer Impact Fee
PaYIllp.I1! /\gleement. Fiscal impi'lct is $18_50 to record tile Satisfaction of Lien.
I U/23/2Ul)7 U:UO:OO /If\l1
Item Summary:
Meeting Date:
f)repared By
Pam Callis
Rev('llue Supervisor
Date
Public Utilities
uses
9/24/20071:06:50 PM
Apl)I'ovcd By
Thomas \I;Jides
')pcration$ OirCC(OI
Date
Public utilities
Public I.Hilities OperatiOll'l
9/25/2007 11 :49 AM
A'llproved By
P<lHl GnHis
R('vl'tlue Superlfbo~
Dale
Public Utilities
UBCS
9/26120079:34. J),M
Apl)J'oved By
Ten~sa Riesen
RICVi~nlJe Manager
Date
Public Utilities
uses
9126/21)0"110:21 AM
Apl)I'flvcd By
John A. Yonkosky
Utility Billing Dimctor
Date
Public Utilities
UBGS
9/2612007 11 :33 AM
AI'pruvcd By
James W. Delany
Public Utflities Administrator
Date
Public Utilities
Public Utilities Administration
9/27/20079:32 AM
Appl'ovcd By
OMB Coordinator
Applications Analyst
Date
Administrative Services
Information Technology
9/28/20078:29 AM
Aflproved By
Susan Usl1er
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
1011/200710:13 AM
Approved By
James V. Mudd
County Manager
Date
Board of Coullty
Commissioners
County Manager's Office
10/1/200711:03 AM
Agenda Item No. 16C 1
October 23. 2007
Page 3 of 5
EXHIBIT "A"
1. Carlos Sarabia and I nma Sarabia, husband and wife, securing the principal balance
of one thousand five hundred twenty seven dollars and eighteen cents ($1,527.18).
Folio #68343760007.
Agenda Item No. 16C1
October 23, 2007
Page 4 of 5
Prepared by:
Robert Zachary
Assistant County Attorney
Office of County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO
EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF
COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement
with the following:
Carlos Sarabia and Irma Sarabia, husband and wife:
Whose mailing address is
1400 51h Avenue N. Apt #12B
Naples, FL 34102
97 Isle of St Thomas
Naples, FL 34114
Bearing the date of the 15th day of August 2003, recorded in Official Record Book 3372
Pagels) 0080. in the Office of the Clerk of the Circuit Court of Collier County, State of
Florida, which Agreement imposes a lien on the subject real property. The Lien secures the
principal sum of One Thousand Five Hundred Twenty Seven Dollars and Eighteen Cents
($1,527.18) plus accrued interest and penalties, if any, and imposes certain obligations
against real property situated in Collier County, Florida, described as follows.
LOT 97, PORT-AU-PRINCE MOBILE HOME SUBDIVISION, MORE
PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST Y, OF THE EAST Y,
OF THE SOUTHEAST Y. OF THE SOUTHWEST % OF THE SOUTHEAST %,
LESS THE NORTH 570 FEET AND LESS THE SOUTH 90 FEET THEREOF, OF
SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA WITH THE WEST 60 FEET BEING RESERVED FOR PUBLIC
EASEMENTS.
TOGETHER WITH A 1971 BRIGIDIER PALISADE MOBILE HOME,
ID#3K72BZ32431.
SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF
RECORD AND TO TAXES FOR THE YEAR 1996 AND THEREAFTER.
FOLIO NUMBER: 68343760007
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 at Collier County.
Florida, and as Ex-officio the Governing Board of the Collier County Water-Sewer District,
acting through its Chairman, directs execution and recording of this Satisfaction of Lien,
by action of the Board this _ day of .2007.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, AS THE
Agenda Item No, 16C1
October 23, 2007
Page 5 of 5
GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT
Approved as to form and legal
sufficiency:
David C. Weigel
County Attorney
JAMES COLETTA. CHAIRMAN
Agenda Item No. 16C2
October 23, 2007
Page 1 of 14
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, 1992, 1993, 1994, 1995, and 1996 Solid Waste Collection and Disposal
Services Special Assessment. Fiscal impact is $108.50 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, 1992, 1993, 1994, 1995, and 1996
Solid Waste Collection Services Special Assessment.
CONSIDERATIONS: Resolution No. 93-29 adopted by the Hoard on January 26, 1993 provided
for the recording of the list of 1991 delinquent solid waste collection and disposal scrvices special
assessment and a mailing of a written noti~e of thc imposition of each residential unit lien.
Resolution No. 93-29 was recorded on February I, 1993 in ()f11cial Rccord Book 1793, Pages 459
through 598 of the Official Rccords of Collicr County, Florida, which placed a lien on certain
residential propel1ies lor the 1991 Solid Waste Collection Services Special Assessment
,."-~
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 assessment 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 Rccord 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.
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 assessment 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 celiain residential properties
for the 1993 Solid Waste Collection Services Special Assessment.
Resolution No, 95-475 adopted by the Board on August 22, 1995 provided for the recording of the
list of 1994 delinquent solid waste collection and disposal services special assessment and a
mailing of a written notice of the imposition of each residential unit lien. Resolution No. 95-475
was recorded on September 14,1995 in Official Record Book 2099, Pages 1338 through 1574 of
the Official Records of Collier County, Florida, which placed a lien on certain residential properties
for the 1994 Solid Waste Collection Services Special Assessment
,,-~,
Resolution No. 2000-236 adopted by the Board on August I, 2000 provided for the recording ofthe
list of 1995 delinquent solid waste collection and disposal services special assessment and a
mailing ofa 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 Assessment.
Agenda Item No. 16C2
Oclober 23, 2007
Page 2 of 14
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 assessment and a
mailing ofa 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 Assessment.
Collier County Ordinance No. 90-30, as amended, provides the Satisfactions of Lien shall be
approved by Resolution.
The attached Resolution lists the nine accounts that have paid in full tor the 1991, 1992, 1993,
1994, 1995, and 1996 Solid Waste Collection Services Special Assessment Lien.
FISCAL IMPACT: The fiscal impact for recording thc Satisfactions of Lien and the Resolutions
is approximately $108.50, which is to be charged to County Water/Sewer Operating Fund (408).
GROWTH MANAGEMENT IMP ACT: There is no Gnm1h Management impact associated
with these items.
RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution
approving the nine Satisfactions of Lien for the accounts listed in the Resolutions and authorizing
the Chairman to sign thc ninc Satisfactions of Lien l(lr the 1991, 1992, 1993. 1994, 1995. and 1996
Solid Waste Collection Services Special Assessment Lien.
PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing and Customer Service.
Page 1 of I
Agenda Item No. 16C2
October 23. 2007
Page 3 of 14
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
1GC2
Item Summary:
F<.f!COflllllel'ldation 10 ~;ldop! a f~fJsoll.Jjion to approve the Satisfactions of Lien for Solid Waste
Icsidetltial Accounts wherein the County has received payment and said Liens are satisfied in
full lor the HJ91, FJ~)2,n)Y3,19Y4, 1995, Elm] 19% Solid \N8sle Collection and Disposal
Services Speci81 !\~;s("sst1lent f~isC81 irnpacl is $108.50 to record the Satisfactions of Lien
10i23120UT 9:UU:OO l\r,;l
Meeting Date:
Prel)arcd H)'
Pam Callis
Revenu@Supervisor
Date
PUllliC Utilities
U8GS
9/24/20074:42:41 PM
Af)[)rovctl B)'
Thomas Wides
(\perations Dif'ector
Date
Public Utilities
Public Utili/ins Op(~raU()ns
9/25/20Q7 1'12 PM
i\plu'oved By
P;jlll C<lllh
F(r~v('n\I,; SUp\'rvisol
Oa1~J
F'ubH(; Ulillties
UFH:~~
9126/20079;36 AM
AIJproved By
TN'?sa Rtc:<sen
R~Nel1Ue Mafwger
Date
Public Utilities
U8CS
9/26/200710:21 AM
Approved By
John A. Yonkosky
Utility Billing Din,ctor
Date
Public Utilities
UBCS
9/26/2007 11 :35 AM
AplJrOved By
James W. Delony
Puhlic Utilities Administrator
Date
Public Utilities
Public Utilities Administration
9/27/2007 9:32 AM
Allprovcd By
OMS Coordinator
Applications Analyst
Date
Administrative Services
Infonnation Technology
9/28/2007 8:33 AM
AplJroved By
Randy Greenwald
Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
9/28/200711:37 AM
AI)IJroved By
Michael Smykowskl
Management & Budget Director
Date
County Manager's Office
Office of Man<'lgement & Budget
9/28/2007 2:25 PM
AIJproved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
9/29/2007 8:59 AM
RESOLUTION NO. 2007-
Agenda Item No, 16C2
October 23,2007
Page 4 of 14
A RESOLUTION APPROVING SATISFACTIONS OF LIEN
FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL
THE 1991, 1992, 1993, 1994, 1995, AND 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 January 26, 1993 adopted Resolution No. 93.29 authorizing the recording of
notices of liens for the delinqul:nt solid waste collection and disposul services special a'isessments for
1991 and
WHEREAS. pursuant to Collicr County Ordinance No. 90-30, as amended. the Board or County
Commissioners on September 19. 1994 adopted Resolution No. 94-668 authorizing the recording of
notices of liens for the delinquent solid \\'35te collection and disposal services special assessments for
1992; and
WHEREAS. pursuant to Collier County Ordinance No. 90-30. as amended. the Hoard of Coun1y
Commissioners on September 20. 1994 adopted Resolution No. 94-694 authorizing the recording of
notices or liens for the delinquent solid \V:lstc collection ;l11d disposal services special assessments for
1993; and
Vv'IIl]{EAS. pursuant to Collier County Ordinance No. 90~3(). as amended. the Board of Count)'
Commissioners on August 22. 1995 adopted Resolution No. 95-475 authorizing the recording of
notices of liens for the delinquent solid vvaste collection and disposal services special assessments for
1994: and
~/HEREAS, pursuant to Collier County Ordinance No. 90~30. as amended, the Board of County
Commissioners on August 1, lOOO adopted Resolution No. 2000.236 authorizing the recording of
notices of liens for the delinquent solid vvaste collection and disposal services special assessments lor
1995 and
WHEREAS. pursuant LO Collier County Ordinance No. 90-30. a" 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 \"'aste 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 the Official Records 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, a'i amended,
the Board recognizes full payment and receipt of the 1991. 1992, 1993, 1994, 1995, and 1996 Service
Year Solid Waste Collection and Disposal Special Assessments for the following accounts numbered
below, subsequent to the adoption of Resolution No. 93-29, 94-668, 94-694, 95-475, 2000.236, 2000.
237, whereupon liens have been recorded on real property pertaining to the accounts identified herein.
Agenda Item No. 16C2
October 23, 2007
h b Page 5 of 14
The Satisfactions of Lien attached hereto referencing the accounts identified herein are ere y
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.
631
686
712
806
3858
29010
30148
30384
33213
This Resolution adopted this __ day of
second and majority vote.
,2007, after motion,
ATTEST:
DWICJIIT E. l3ROCK. CLERK
l30ARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
RY: ___________~__~___ ______~_
JAMES COLETTA. CHAIRMAN
Approved as to Corm and
kgaI sufliciency:
David C. Weigel
County Attorney
Agenda Item No. 16C2
October 23, 2007
Page 6 of 14
This instrument prepared by:
Robert Zachary
Assistant County Attomey
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
Property Folio No: 00082160007
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:
GARCIA, MARIA P
742 EL PASO TRL
IMMOKALEE, FL 341424605
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, Florida, described as follows:
324629 UNREC LOT 82 DESC AS; N 75FT OF W 160FT OF S 820FT
OF E3/4 OF SW1/4 OF SW1/4 UNREC WID
Folio No.
Project No.
Account No.
00082160007
64000
631
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. 16C2
October 23, 2007
Page 7 of 14
This Instrument prepared by:
Robert Zachary
Assistant County Attomey
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
Property Folio No: 00082160007
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:
ESTRADA, JESUS=& LINDA
3311 S R 29S
IMMOKALEE. FL 341420000
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:
324629 UNREC LOT 82 DESC AS: N 75FT OF W 160FT OF S
820FT OF E3/4 OF SW1/4 OF SW1/4 UNREC WID
Folio No.
Project No.
Account No.
00082160007
66000
686
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. 16C2
October 23,2007
Page 8 of 14
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, 00082160007
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:
ESTRADA, JESUS~& LINDA
2902 IMMOKALEE DR LOT 82
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:
324629 UNREC LOT 82 DESC AS: N 75FT OF W 160FT OF S
820FT OF E3/4 OF SW1/4 OF SW1/4 UNREC WID
F olio No,
Project No.
Account No,
00082160007
63000
712
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
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. 000082160007
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:
ESTRADA, JESUS~& LINDA
3311 S R 29S
IMMOKALEE, FL 341420000
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 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:
324629 UNREC LOT 82 DESC AS; N 75FT OF W 160FT OF S
820FT OF E3/4 OF SW1/4 OF SW1/4 UNREC WID
Folio No,
Project No.
Account No.
00082160007
65000
806
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipl 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. 16C2
October 23, 2007
Page 9 of 14
Agenda Item No. 16C2
October 23, 2007
Page 100f14
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. 00082160007
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:
ESTRADA. JESUS=& LINDA
2902 IMMOKALEE DR LOT 82
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:
324629 UNREC LOT 82 DESC AS: N 75FT OF W 160FT
OF S 820FT OF E3/4 OF SW1/4 OF SW1/4 UNREC WID
F olio No.
PROJECT NO.
Account No,
00082160007
61000
3858
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. 16C2
October 23, 2007
Page 11 of 14
This instrument prepared by:
Robert Zachary
Assistant County Attomey
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
Property Folio No: 83041800008
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:
LOPEZ, ZENAiDA
325 CEREUS DR
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 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:
WOODLAKE (CONDO) APT #C-13 OR 1671 PG 2233
F olio No.
Project No.
Account No.
83041800008
64000
29010
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. 16C2
October 23.2007
Page 12 of 14
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. 83041800008
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:
LOPEZ. ZENAIDA
325 CEREUS DR
NAPLES. FL 341149000
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:
WOODLAKE (CONDO) APT #C-13 OR 1671 PG 2233
Folio No.
Project No.
Account No.
83041800008
65000
30148
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. 16C2
October 23, 2007
Page 13 of 14
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attomey
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
Property Folio No. 83041800008
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:
LOPEZ, ZENAIDA
325 CEREUS DR
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:
WOODLAKE (CONDO) APT #C-13 OR 1671 PG 2233
Folio No.
Project No,
Account No.
83041800008
63000
30384
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. 16C2
October 23,2007
Page 14 of 14
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: 83041800008
SA TISF ACTION 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:
LOPEZ, ZENAIDA
325 CEREUS DR
NAPLES FL 341149000
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:
WOOD LAKE (CONDO) APT #C-13 OR 1671 PG 2233
Folio No.
Project No.
Account No.
83041800008
66000
33213
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
October 23, 2007
Page 1 of 11
EXECUTIVE SUMMARY
Recommendation to approve an Interlocal Agreement for reconstruction of the
existing interconnect between the Collier County Water-Sewer District and Bonita
Springs Utilities, Inc to provide for reverse potable water flows at Bonita Springs
Utilities expense, to provide for the design and construction of a second
interconnect, at a location to be determined, at the expense of the Collier County
Water-Sewer District, and to establish rates for usage of potable water.
OBJECTIVE: The public purpose of this Interlocal Agreement is to provide for potable
water flows through the e,xisting interconnect fi'om Bonita Springs Utilities, Ine (BSU)
potable water system to the Collier County Water-Scwer District (CCWSD) potable
water distribution system, to provide for two way flows of potable water between
CCWSD and BSU at a second interconnect, and to establish user rates for each Utilities'
potable water usage whenever either of the two interconnects arc in service.
,--
CONSIDERATIONS: Recently, CCWSD staff has been working in the area of Barefoot
Beach Boulevard, Bonita Beach Road and Vanderbilt Drive (the northern most areas of
the CCWSD) to uncover the reason(s) for nontypical disinfection residuals in the water
distribution system providing potable water to these areas. Minimum free chlorine and
combined residual levels are set by the Florida Department of Environmental Protection
and the Environmental Protection Agency. Should chlorine residuals continue to remain
low, the utility faces the possibility of falling out of compliance with the disinfection
requirements of these regulatory agencies. From a public health and safety perspective, it
would be in the best interest of the potable water customers in these areas to have an
additional potable water source available to supplement as needed the CCWSD water
distribution system. The Interlocal Agreement provides for reconstruction of the existing
interconnect to provide for two way flows between the respective utilities' distribution
systems. The Interlocal Agreement will replace the August 26, 1997 Agreement for
Emergency Water Interconnects.
On August 26, 1997, Agenda Item 16B 15, the Board of County Commissioners of
Collier County, as Ex-Officio the Governing Board of the Collier County Water-Sewer
District (Board), approved an agreement for emergency water interconnect between BSU
and the Board. The agreement provided for one way flows of potable water from the
CCWSD to BSU for temporary emergency potable water service. The existing
interconnect, located on Bonita Beach Road, was designed, constructed, and paid for by
BSU so that the water flows in a nOliherly direction only (i.e., from CCWSD to BSU).
The portion of the interconnect from the Board's water main up to and including the first
isolation valve which controls the flow of water from the Board's water system was
conveyed to the Board. The remainder of the Interconnect is owned and maintained by
BSU.
"...--
The Interloeal Agreement also calls for a second potable water interconnect for two way
flows to be designed, constructed and paid for by the CCWSD at another location where
CCWSD and BSU have adjacent distribution systems, most likely on Livingston Road.
This interconnect will be completed by September 30, 2009. Estimated cost for the
second potable water interconnect is $300,000.00.
Executive Summary
Interlocal Agreement with BSU
Page 2
Agenda Item No. 16C3
October 23, 2007
Page 2 of 11
Simultaneous with the Agreement being rccommended to the Board of County
Commissioners for their approval, the Agrcement is being recommended to the Bonita
Springs Utilities Board of Directors, in order to expedite modi1ieation work to provide a
temporary supplement of potable water to CCWSD.
The staff's of the two utilities have agreed to a bulk user fee that is based on a recent
Collier County bulk rate study modifiable by CPI and/or future rate study.
FISCAL IMP ACT: There is no fiscal impact for the reconstruction of the existing
interconnect, as the Bonita Springs Utilities will incur this cost. There will be an
undetermined fiscal impact in Fund 408 Operating User Fees, depending on the volume
of potable water that is purchased 1rom Bonita Springs Utilities. Finally, a budgct
amendment in the FY08 budget will be set up in the Fund 412, Water User Fees in the
estimated amount of$300,O()O,00 to fund the second interconnect.
GROWTH MANAGEMENT IMPACT: There IS no impact on the Growth
Management Plan.
RECOMMENDA TIONS: (I) That the Board of County Commissioners, as Ex-officio
the Governing Board of the Collier County Water-Sewer District, approve an Interlocal
Agrecment for reconstruction ofthe existing emergency interconnect between the Collier
County Water-Sewer District and Bonita Springs Utilities, Inc to provide for reverse
potable water flows at Bonita Springs Utilities expense and to establish rates for usage of
potable water. (2) To approve Collier County Water-Sewer District recommendation to
permit, design and construct a second interconnect, at a location to be determined, at the
expense of the Collier County Watcr-Sewer District. (3) To establish rates for potable
water. (4) To approve any budget amendments required in Fund 408 User Fees to
compensate Bonita Springs Utilities for bulk water supplied. (5) To approve a budget
amendment in the FY08 Budget in the Fund 412, in the amount of $300,000.00 to fund
the second interconnect.
Prepared by: Peter Lund, Division Operations Analyst, Public Utilities Operations.
Agenda Item No. 16C3
October 23, 2007
Page 3 of 11
2007 AGREEMENT FOR POTABLE WATER INTERCONNECTS
BONITA SPRINGS UTILITIES, INC
AND
COLLIER COUNTY WATER-SEWER DISTRICT
This AGREEMENT is made and entered into effective on this _ day of
,2007, by and between the Bonita Springs Utilities, Inc., a Florida not-for-profit
corporation ("BSU"), and the Board of County Commissioners of Collier County,
Florida, as the Governing Board of Collier County, Florida, and as Ex-Officio the
governing Board of the Collier County Water-Sewer District ("CCWSD"), collectively
("Parties").
WHEREAS, the Parties are geographically ncighboring utilities and each has
existing facilities capable of furnishing limited quantities of potable water to the other;
and,
WHEREAS, BSU and CCWSD are parties to that certain Agreement for
Emergency Water Interconnects dated August 26, 1997 pursuant to which CCWSD has
contracted to provide water on a limited, as-needed basis to BSU ("1997 Agreement");
and,
WHEREAS, the Parties wish to modiry the existing interconnect to provide for
the ability to supply water in either direction (to BSU or CCWSD) and provide for a
second interconnect for such purpose; and,
WHEREAS, the Parties agree that it is in each Party's best interests to enter into
this Agreement so that either Party can supply potable water to the other Party should the
receiving utility require potable water from the sending utility; and,
WHEREAS, it is in the best interests of the Parties, their respective water
customers, and the region to promote the interconnection of water systems to meet
emergency and periodic water supply needs.
NOW, THEREFORE, based upon the mutual undertakings and other
consideration referenced herein, the sufficiency of which is hereby acknowledged, the
Parties agree as follows:
1. Subject to the tenns of this Agreement, BSU agrees to supply to the
CCWSD such potable water as BSU determines is available within the
Agenda Item No. 16C3
October 23,2007
Page 4 of 11
BSU water system as may be requested by CCWSD from time to time to
meet its water supply demands. Said supply shall be delivered in a
manner so as to maintain the best available pressure at the discharge side
of the Point of Delivery, so as to limit adverse effects to BSU's customers.
2. Subject to the terms of this Agreement, CCWSD agrees to supply to BSU
such potable water as CCWSD determines is available within the CCWSD
water system as may be requested by BSU from time to time to meet its
water supply demands. Said supply shall be delivered in a manner so as to
maintain the best available pressure at the discharge side of the point of
delivery, so as to limit any adverse effects to CCWSD's utility customers.
The point of delivery shall be the point at which the supplying utility's
ownership and responsibility f()r water supplied under this Agreement
ends, and the ownership and responsibility of the receiving utility begins
("Point of Delivery").
3. Potable water supplied under this Agreement shall be delivered to, and
received from, permanent interconnecting facilities at two points where
the CCWSD and BSU potable water systems are in close geographic
proximity to one another. The Point of Delivery for water supplied by
BSU to CCWSD through either interconnect shall be on the CCWSD side
of the isolation valve on the CCWSD side of the interconnect assembly.
The Point of Delivery for water supplied by CCWSD to BSU through
either interconnect shall be on the BSU side of the isolation valve on the
BSU side of the interconnect assembly. BSU agrees to modifY the
existing one-way Ilow interconnect facility constructed to supply potable
water to the BSU located on Bonita Beach Road so as to provide Ilow in
either direction ("Existing Interconnect"). BSU shall own, maintain and
operate all facilities comprising the Existing Interconnect up to the Point
of Delivery on the CCWSD isolation valve on the CCWSD side of the
interconnect. CCWSD agrees to construct a second interconnect facility
in close geographic proximity to the Livingston Road/Imperial Street
interchange ("New Interconnect"). The exact location on the New
Interconnect shall be as mutually agreed upon by the Parties in writing.
2
Agenda Item No. 16C3
October 23. 2007
Page 5 of 11
This operational decision may be made on behalf of CCWSD by the
County Manager or designee. CCWSD shall own, maintain and operate
the New Interconnect up to the Point of Delivery at the BSU isolation
valve. The nature of the supply requirement, and the availability of water
from the sending utility's system, shall dictate the number and location of
the interconnect to be activated at a given point in time. The receiving
utility shall identify the interconnect it desires to activate, subject to
limitations in availability of the sending utility. Both interconnecting
facilities shall be constmcted as long-tenn interconnections.
4. The Existing Interconnect shall be modified pursuant to BSU standards as
may be amended, repealed and/or superseded, unless and/or as otherwise
specified in the Agreement. The New I ntereonnect shall be constructed
pursuant to the CCWSD Utilities Standards and Procedures Ordinance, as
may be amendcd, repealed and/or superseded, unless and/or as otherwise
specified in the Agreement. Each party shall submit the plans and
specifications for their respective interconnect to the other for review and
comment prior to proceeding with the project.
a. The design, pennitting and construction modifying the Existing
Interconnect will be undertaken by BSU at no cost to the CCWSD and
shall be completed by March 31, 2008.
b. The design, permitting and construction of the New Interconnect will
be undertaken by CCWSD at no cost to BSU and shall be completed
by September 30, 2009.
e. The interconnects shall be designed to include provisions for locking
features so that each party shall have sole access to the locking device
for its valve operator which, when opened, provides water to or
receives water from the other party.
5. Water provided by a supplying utility under this Agreement shall be only
that quantity of water needed to provide temporary assistance in the event
the receiving party has a period of reduced availability in its system,
subject to concurrent excess supply of potable water in the sending utility's
3
Agenda Item No. 16C3
October 23, 2007
Page 6 of 11
system as determined by such utility. Such supply of potable water shall
be subject to the following:
a. The Parties hereto shall each designate (and from time-to-time re-
designate as needed to comply with this Agreement) an authorized
member of its staff, to be responsible for sending and receiving written
requests for water, and who shall have the authority to approve or
disapprove requests for supply of water from the other party. Each
party shall keep the other advised of the then current phone number
and e-mail address of the designated individual.
b. Upon each written request for temporary potable water service under
this Agreement, the request shall be acted upon in good faith and in a
timely manner by both Parties. By entering into this Agreement
Parties agree to supply said service subject to availability as described
above. The supplying utility shall not be obligated to supply any
specific volume of water. The receiving utility may terminate receipt
of water supply with not less than twenty four (24) hours notice by
sending the notice to the supplying utility when the need for temporary
potable water service by the receiving utility has been met.
c. At its discretion, the supplying utility may establish, and enforce by
unilateral control of valves under its control, limits as to: times of day
and/or days of the week during which delivery of potable water will or
will not be made; the rates of flow at which delivery will be made;
and/or the total volume of water to be delivered over one or more
designated time periods.
d. In each instance, the receiving party shall exercise prompt and diligent
efforts to eliminate its need to be supplied temporary potable water
[rom the sending party.
6. Payment for water supplied under this Agreement shall be on a per
thousand (1000) gallon basis, as measured by the appropriate meter at the
interconnect in use. The meter shall be read jointly by the Parties at the
following times: when the valves are first opened at the beginning of
delivery in response to a request for water; at the time of the final
4
Agenda Item No. 16C3
October 23, 2007
Page 7 of 11
termination of all deliveries of water in response to that request for potable
water from the sending party; and if necessary, at approximately the first
of each calendar month that occurs between the beginning and termination
of the response to that request. It shall be the responsibility of the sending
party to schedule all readings of the meter at mutually agreeable times.
7. Labor and material costs incurred for opening or closing the valves or
reading the meters as a result of a request for temporary potable water
supply, shall not be charged by either party to the other party
8. It shall be the responsibility of the sending utility to make annual checks
of the accuracy of the interconnect meters used to supply the receiving
utility. If either receiving party believes that a biIl1~)r water received may
be based on readings from an inaccurate meter, upon request the other
paIiy shall perform an additional check of the meter's accuracy, with the
requesting party physically present if desired by the requesting paIiy.
Should thaI additional check reveal accuracy within the limits of the
manufacturer's recommended accuracy, then the cost of obtaining the
check shall be bome entirely by the requesting party. If either an annual
check or an additional check of accuracy reveals an error beyond the limit
of the manufacturer's recommended accuracy, it shall be assumed that the
inaccuracy was in existence for the later one-half of the period of time
from the last check that indicated accepfable accuracy. Any billings that
occurred during that period shall be adjusted to reflect the quantity of over
read or under read exceeding the appropriate limit of accuracy, at the rate
per thousand (1000) gallons that was in effect at the time delivery
occurred.
9. The rates for potable water charged by each party shall be fair and
reasonable. Parties agree that the initial rates charged one to the other for
water supply shall be the same. Such rates shall be reflected in each
party's respective rate tariff, resolution or ordinance, as may be amended
from time to time. The initial agreed rate to be three dollars twenty-five
cents ($3.25) per 1000 gallons. In the event there occurs a period of time
during which there is a differential in rates between the Parties, each party
5
Agenda Item No. 16C3
October 23, 2007
Page 8 of 11
shall be entitled to charge the other the higher rate then in effect. Each
party shall give the other not less than thirty (30) days notice of any
change in the rate to be charged hereunder. The potable water service rate
will be expressed on a "per thousand gallons of metered potable water as
delivered to the Point of Delivery" basis and will always be rounded to the
nearest cent for billing and rate calculation purposes.
10. This Agreement shall remain in full force and effect for not less than ten
(10) years following its date of execution and until thereafter tem1inated
upon sixty (60) days written notice by either party to the other at its sole
discretion; provided that. in the event CCWSD clects to terminate this
Agreement prior to constructing the New Interconnect, CCWSD agrees to
reimburse BSU for out of pocket costs incurred by BSU in modifying the
Existing Interconnect to provide tlow in either direction as set forth in
paragraph 3 above within the guidelines of the Florida Statute referencing
prompt payments.
II. If any condition or provision in this Agreement held to be invalid by any
court of competent jurisdiction, such invalidity shall not affect any other
condition or provision and does not materially prejudice either party in its
respective rights and obligations contained in the remaining valid
conditions or provisions of this Agreement.
12. No waiver of any breach of this Agreement shall be held to be a waiver of
any other subsequent breach irrespective of the length of time the fonner
breach was waived.
13. Both Parties agree that it is a material part of the consideration for this
Agreement to deliver only potable water meeting the requirements of all
State, Federal, and local regulatory agencies having jurisdiction over
potable water supply for public water systems.
l4. Each party hereby saves and holds the other harmless from and against
any claims, demands, damages or expenses resulting from delivery of
water which does not meet the quality standards set forth herein; delivery
of water at a pressure not exceeding 95 psi; operation of the facilities
located on supplying utility's side of the Point of Delivery; and the storage,
6
Agenda Item No. 16C3
October 23, 2007
Page 9 of 11
transmission, distribution and use of potable water received through an
interconnect.
15. Acts of God such as storms, hurricanes, earthquakes, land subsidence,
strikes, lockouts or other industrial disturbances, acts of public enemy,
terrorist acts, wars, blockades, riots, acts of armed forces, delays by
carners, inability to obtain materials or rights-of-way, acts of public
authority, regulatory agencies, or courts, inability to construct the required
infrastructure, or any other cause, whether the same kind is enumerated
herein, not within the control of the Parties, and which by the exercise of
due diligence, a party is unable to overcome, which prevents the perfor-
mance of all or any specific part of this Agreement, shall excuse
performance of said part of this Agreement until such force majeure is
abated or overcome.
16. The 1997 Agreement is hereby replaced and superseded in its entirety and,
as of the date of this Agreement, of no further force or effect.
17. This Agreement shall take affect only upon approval by the Governing
Board of CCWSD and BSU's franchisor, the City Council of the City of
Bonita Springs, Florida.
IN WITNESS WHEREOF, the Parties have executed or have caused this
Agreement, with any Exhibits attached, to be duly executed.
ATTEST:
DWIGHT E. BROCK, Clerk
COMMISSIONERS,
BOARD OF COUNTY
COLLIER COUNTY, FLORIDA, AND AS
EX-OFFICIO THE GOVERNING BOARD
OF THE COLLIER COUNTY WATER-
SEWER DISTRICT
By:
Deputy Clerk
James Coletta, Chainnan
Approved at to form and legal sufficiency:
7
Agenda Item No. 16C3
October 23, 2007
Page 10 of 11
By:
Assistant County Attorney
BONITA SPRINGS UTILITIES, INC.
David McKee, President
8
Page I of I
Agenda Item No, 16C3
October 23. 2007
Page 11 of 11
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
IC,CJ
Item Summary:
F\I~C()nllnelldatiull to :lppl"llVe em InterlO(.BI Aweemenl fOf reconstruction of the existing
inlerconnect b\;lweHl the' r_~ollier COlJllly WatRr-Sewer Dislricl and l30nita Springs Utilities, Ille
10 pluvidp flJr I Hvcr,-;(; pu[,iille walerflOlNs at 80nita ~3fJril'l~j3 Utilities ex.pense. to provide f(H
Ow dWiiWI 8!ld conslruclii\lluf Cl second interconnect. at a IOCCllioll to be determined, at the
expen<::8 01 the Collier County Water- ::;cwer District, ,1nd to est8bli~;h !'nles for llsi'lge of
prJt8hlp w3Ier,i$'WD,II(lOj
Meeting Date:
HiI23UOI)! 9UOUO )\1\'1
AlllJrOVCll By
['?lw~ln Lilli))'
\Nnl01 (!:PCi"i,1tiU!\I, !\!i,Jf1i'i(jl"1
Date
Public UtHitios
Watf'r
1019120071,2;; PM
Approved By
\!Viq;~IIP r~, ffillHin pr,:
[.',';"CIO:"'lj (>p'i"l:i Mnn'~(J','r
f);lte
P'1blic Utiiilir'_';
I'nb!;.: ~11i!ili1)"', Fnqin' '~rlt1\l
h1,1'17!7.007 ~U)(j I\M
Aj)fll'ovcll B.v
il10t1I",' \t.'id0S
':}pp ;'l,iui'l", l'.1il'_'I;\<,'1
i);lle
[:<uhlk lJtliili\~'
(.',.hlk' iii1ilic- (,p"I'l!i. il:~
io!1G/?007 1'):1)-\ AM
Aflprovcll8y
DiannJ Ferryman
Cont.ract Speci;,:ist
D::Jte
Adll1irJif;trdtiv,,~ ServieHs
Plln,;!J,,1si1lq
'10116/20Q711:24AM
Allproved By
Jellnif8'l" A, Belpedio
I\ssistant COllllty Attorney
Date
COllllty Attorney
County Attonwy Office
10/161200711 :30 AM
Af)I)I"o\'Cd By
Steve Carnell
PllrchasillgfGencral Svcs Director
Date
Adnlinistrative Services
Purch<lsing
10116/20071:21 PM
Approved By
James W. Delany
Public Utilities Administrator
Date
Public Utilities
Public Utilities Administration
10/16/20071:22 PM
Apllroved By
OMS Coordinator
Applications Analyst
Date
Administrative Services
Information Technology
10/16/20071;33 PM
AIlI)roved By
Susan Usher
Senior Management/Budget Analyst
Date
COllnty Manager's Office
Office of MaMgement & Budget
10/16/20075:26 PM
AI'Ill"Ovcd By
James V. Mudd
COllnty Manager
Date
Board of County
Commissioners
County Manager's Office
10/16/200'78:26 PM
Agenda Item No. 1601
October 23, 2007
Page 1 of 24
EXECVTlVE SUMMARY
Recommendation that the Board of County Commissioners approves, and authorizes
its Chairman to sign, a Subrecipient Agreement providing a Community Development
Block Grant in the amount of $116,079.00 to the City of Naples to fund improvements
to the George Washington Carver and River Park communities and the Fun Time
Early Childhood Academy.
OBJECTIVE: That the Board of County Commissioners (Board) approves a
Subrecipient Agreement, which would provide a Community Development Block Grant
(CDBG) in the amount of $116,079.00, to the City of Naples to timd improvements to the
George Washington Carver and River Park communities and the Fun Time Early
Childhood Academy.
CONSIDERATIONS: Collier County I-lousing & Human Services Department
proposes a CDBG grant to the City of Naples in the amount of $116,079.00 to be used for
certain improvements within thc Gcorge Washington Carvcr and River Park
neighborhoods. This area falls within the low-income census track, and the City intends
to use the funds to: I) purchase and install rlayground equipmcnt at the new Fun Time
Early Childhood Academy facility at 102 12" Street North; 2) replace or reinforce rip rap
as needed for canals in the Rivcr Park neighborhood; and 3) install police surveillance
equipment to assist the Naples Police Department to reduce illicit drug activities in the
George Washington Carver and Rivcr Park neighborhoods.
The Board of County Commissioners of Collier County approved the Collier County
Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2006-2007 for the
CDBG program by Resolution on April 25,2006.
FISCAL IMPACT: Approval of this contract will provide a Community Development
Block Grant in the amount of $116,079.00 to the City of Naples for the improvements.
No general funds will be used for these projects.
GROWTH MANAGEMENT IMPACT: The proposed grant to the City of Naples will
benefit the low-income residents of the George Washington Carver and River Park
neighborhoods which is consistent with the Grow1h Management Plan.
LEGAL CONSIDERATIONS: The proposed Agreement is a standard
HUD/Community Development Block Grant (CDBG) subrecipient agreement form in
use in Collier County since 2001.
RECOMMENDATION: That the Board approves and authorizes its Chairman to sign a
subrecipient agreement providing a $ I] 6,079.00 grant to the City of Naples for
improvements to the George Washington Carver and River Park neighborhoods and the
Fun Time Early Childhood Academy using U.S. Department of Housing and Urban
Development (HUD) Community Development Block Grant (CDBG) funds.
Agenda Item No, 16D1
October 23, 2007
Page 2 of 24
Prepared by: Sandra Marrero, Grants Management Coordinator
Housing and Human Services Department
Agenda Item No, 16D1
October 23, 2007
Page 3 of 24
AGREEMENT BETWEEN COLLIER COUNTY
AND
CITY OF NAPLES
RIVER PARK & FUN TIME IMPROVEMENTS
Catalog of Federal Domestic Assistance # 14.218
HUD Grant # B-06-UC-12-00l6
THIS AGREEMENT, is entered into this day of , 20_, by and between
Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COl)NTY", and
"THE CITY OF NAPLES.," a private not-for-profit corporation existing under the laws of the State of
Florida, having its principal office at 735 Eighth Street South Naples, Florida 34102-6796, and its Federal Tax
Identification number as 59-6000382 , hereinafter referred to as "SUBRECIPIENT."
WHEREAS, the COUNTY has entered into an agreement with the United States Department of Housing and
Urban Development for a grant for the execution and implementation of a Community Development Block
Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community
Development Act of 1974 (as amended); and
WHEREAS, Pursuant to the aforesaid agreement COUNTY is undertaking certain activities to primarily
benefit low and moderate income persons and neighborhoods and to alternatively use Community
Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to
improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and
other activities which are related to neighborhood/community improvements; to improve the condition of life
for persons who require physical access or other services that meet their individual needs; and to provide for
long range community improvements by assessing current conditions and planning long range improvement
programs as described in the Consolidated Plan submission; and
WHEREAS, the Fiscal Year 2006-2007 Consolidated One-Year Action Plan was developed following the
Collier County Consolidated Plan - Citizen Participation Plan, adopted on January 9, 2001 and April 25,
2006; and
WHEREAS, The Board of County Commissioners of Collier County approved the Collier County
Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2006-2007 for the CDBG Program by
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Resolution on Apri125, 2006, including the use of this standard form Agreement; and
WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the
County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2006-2007 for the CDBG Program
and the use of the CDBG funds for the activities identified in the Plan; and
WHEREAS, the COUNTY and the SUBRECIPEINT desire to provide the activities specified in Exhibit A of
this Agreement, in accord with the approved Annual Consolidated Plan; and
WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the
Community Development Block Grant (CDBG) Program as a valid and worthwhile County purposes.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed
by the Parties as follows:
I. DEFINITIONS
(1) "COUNTY" means Collier County, and where applicable, it's authorized representative(s).
(2) "CDBG" means the Community Development Block Grant Program of Collier County.
(3) "HHS" means the Housing and Human Services Department of Collier County.
(4) "SUBRECIPIENT" means THE CITY OF NAPLES.
(5) "HHS Approval" means the written approval of the Housing and Human Services Department
or designee.
(6) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a
person authorized to act on its behalf.
(7) "Low and moderate income persons" means the definition set by HUD.
(8) "Project" means the work contemplated to be performed as set forth in Exhibit "A".
II. SCOPE OF SERVICES
The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HHS, perform the tasks
necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement
using Exhibit "B" along with the monthly submission of Exhibit "C," all of which are attached hereto and
made a part hereof.
III. T1ME OF PERFORMANCE
The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the
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timely release of funds for this project by HOD under Grant No. B-06-UC-12-0016. The effective date shaIl
be the latest date of execution of this Agreement, and the services of the SUBRECIPIENT shall be undertaken
and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be
completed by the SUBRECIPIENT prior to June 15.2008 Any funds not obligated by the expiration date of
this Agreement shall automatically revert to the COUNTY, as set forth in Part VIII F (e), and Part VIII H
below.
IV. CONSIDERATION AND LIMITATION OF COSTS
The SUBRECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an
amount not to exceed $116.079,00 for the services described in Exhibit "A."
All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put
out to competitive bidding under a procedure acceptable to the COUNTY and federal requirements. The
SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and responsible
bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY,
which shall have access to all records and documents related to the project.
V. NOTICES
All notices required to be given under this Agreement shall be sufficient when delivered to HHS at its office,
presently located at 3050 North Horseshoe Drive, Suite 110, Naples, Florida 34104, and to the
SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement.
VI. SPECIAL CONDITIONS
The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part
570 of the Housing and Urban Development regulations concerning Community Development Block Grants
(CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT
further agrees to utilize funds available under this Agreement to supplement rather than supplant funds
otherwise available for specified activities.
VII. GENERAL CONDITIONS
A. IMPLEMENTATION OF PROJECT ACCORDING TO REOUIRED PROCEDURES
The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal,
State, and County laws, ordinances and codes and with the procedures outlined in HHS'
Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and
codes are minimal regulations supplemented by more restrictive guidelines set forth by HHS.
No payments will be made until approved by the HHS Department or designee.
Should a project receive additional funding after the commencement of this Agreement, the
SUBRECIPIENT shall notify HHS in writing within thirty (30) days of receiving notification
from the funding source and submit a cost allocation plan for approval by the HHS Department
or designee within forty-five (45) days of said official notification.
B. COMPLIANCE WITH LOCAL AND FEDERAL RULES. REGULATIONS AND LAWS
During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any
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applicable laws, regulations and orders listed below which by reference are incorporated and
made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws,
I. 24 CFR Part 570, as amended - The regulations governing the expenditure of
Community Development Block Grant funds.
2. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure.
3. 36 CFR Part 800 - The regulations outlining the procedures for the protection of
hi stori c and cultural properti es.
4. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil
Rights Act.
5. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
6, Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which
establishes hiring goals for minorities and women on projects assisted with federal
funds.
7. Title VII of the 1968 Civil Rights Act as amended by tbe Equal Employment
Opportnnity Act of 1972 - which prohibits discrimination in employment.
8. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and
Urban Development Act of 1968, as amended.
9. Age Discrimination Act of 1973
10. National Flood Insurance Act of 1968
II. 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally
assisted construction contracts.
12. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water
Pollution Acts.
13. Contract Work - Hours and Safety Standards Act
14. Lead Based Paint Poisoning Preventive Act
15. Section 504 of tbe Rebabilitation Act of 1973
16. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
17. 29 CFR Parts 3, 5 and 5a - Regulations which prescribe the payment of prevailing
wages and the use of apprentices and trainees on federally assisted projects as mandated
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by the Davis-Bacon Act. HUD Form 4010, which describes the Davis-Bacon Act, is
included as part of this agreement and must be included in all construction contracts
funded by CDBG. See attachment A-3.
18. Revised Order Number 4 - Regulations that establish guidelines for the
implementation of Executive Order 11246 as amended by Executive Orders 11375 and
12086.
19. Exeeutive Order 11914 - Prohibits discrimination with respect to the handicapped in
federally assisted projects.
20. Executive Order 11625 and U.S. Department of Housing and Urban Development
Circular Letter 79-45 - which prescribes goal percentages for participation of minority
businesses in Community Development Block Grant Contracts,
21. 29 CFR Part 3 - The Copeland Anti-Kickback Act (i 8 U.S.c. 874 and 40 U.S.C.
276c), which deals with employee forfeiture of compensation by force.
22. Florida Statntes, Chapter 112 - which deals with conflict of interest.
23. HUD - required reports, circulars, and procedures, such as the Grantee Performance
Report.
24. Public Law 100-430 - the Fair Housing Amendments Act of 1988.
25. 24 CFR 570, Subpart J - regulations covering standard Grant Administration
Procedures. These replace OMB Circular A-102. This subpart includes 24 CFR
570.502.
26.0MB Circular A-B3 - concerning annual audits.
27.0MB Circular A-122 - which identifies cost principles.
28. Section 109, Public Law 100-202 - which restricts the awarding of public works
contracts to firms from foreign countries with unfair trade practices.
,
" ,
29. 24 CFR Part 84 - OMS Circular A-110 Codified in the Unifornl Administrative
Requirements for Grants and Agreements With Institutions of Higher Education,
Hospitals and Other Non-Profit Organizations.
30. 24 CFR Part 85- OMB Circular A-I02 Codified in the Uniform Administrative
Requirements for Grants and Agreements to State and Local Governments.
C. SUBCONTRACTS
Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written
contract or agreement, and such subcontracts shall be subj ect to each provision of this
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Agreement and applicable County, State, and Federal guidelines and regulations. Prior to
execution by the SUBREClPIENT of any subcontract hereunder, such subcontracts must be
submitted by the SUBREClPIENT to HHS for its review and approval, which will specifically
include a determination of compliance with the terms of the attached Work Program set forth
in Exhibit "A."
This review also includes ensuring that all consultant contracts and fee schedules meet the
minimum standards as established by the Collier County Purchasing Department and HOO.
Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee
contracts. All additional services shall have pl10r written approval with support documentation
detailing categories of persons performing work plus hourly rates including benefits, number of
drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for
such services will be made at SUBRECIPIENT cost.
None of the work or services covered by this Agreement, including but not limited to
consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by
the COUNTY without prior written approval ofHHS or his designee.
D. AMENDMENTS
The COUNTY may, at its discretion, amend this Agreement to COnf0l111 to changes required by
Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall
be incorporated by written amendment as a part of this Agreement and shall be subject to
approval of the COUNTY. Except as otherwise provided herein, no amendment to this
Agreement shall be binding on either party unless in writing, approved by the COUNTY and
signed by each Party's authorized representatives.
E. INDEMNIFICATION
The SUBREClPIENT shall protect, defend, reimburse, indemnify and hold the COUNTY, its
agents, its employees and elected officers harmless from and against any and all claims,
liability, expense, loss, cost, damages or causes of action of every kind or character, including
attol11ey's fees and costs, whether at trial or appellate levels or otherwise, arising during the
performance of the terms of this Agreement, or due to the acts or omissions of the
SUBREClPIENT.
SUBREClPIENT's aforesaid indemnity and hold harmless obligation, or portion or
applications thereof, shall apply to the fullest extent permitted by law. The SUBREClPIENT
will hold the COUNTY harmless and will indemnify the COUNTY for funds, which the
COUNTY is obligated to refund the Federal Government arising out of the conduct of activities
and administration ofSUBREClPIENT.
F. GRANTEE RECOGNITION
All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as
to funding source. The SUBREClPIENT will include a reference to the financial support herein
provided by HHS in all publications and publicity. In addition, the SUBREClPIENT will make
a good faith effort to recognize HHS support for all activities made possible with funds made
available under this Agreement. The SUBRECIPIENT will mount a temporary construction
sign for projects funded by HHS. This design concept is intended to disseminate key
information regarding the development team as well as Equal Housing Opportunity to the
general public. This signs construction utilizes a minimum eonventionaI4'X8" plywood back
panel and other conventional construction materials and methods.
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G. TERMINATION
In event of termination for any of the following reasons, all finished or unfinished documents,
data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital
equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned
to HHS or the COUNTY. In the event of termination, the SUBRECIPIENT shall not be
relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any
breach of the Contract by the SUBRECIPIENT, and the COUNTY may withhold any payment
to the SUBRECIPIENT for set-off purposes until such time as the exact amount of damages
due to the COUNTY from the SUB RECIPIENT is determined.
1. TERMINATION FOR CAUSE
If through any cause either party shall fail to fulfill in timely and proper manner its obligations
under this Agreement, or if either party shall violate any of the covenants, agreements, or
stipulations of this Agreement, either party shall thereupon have the right to terminate this
Agreement in whole or part by giving written notice of such termination to the other party and
specifying therein the effective date of termination.
2. TERMINATION FOR CONVENIENCE
At any time during the term of this Agreement, either party may, at its option and for any
reason, terminate this Agreement upon ten (10) working days written notice to the other party.
Upon termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant
to this Agreement through and including the date of termination.
3. TERMINATION DUE TO CESSATION
In the event the grant to the COUNTY under Title I of the Housing and Community
Development Act of 1974 (as amended) is suspended or tenninated, this Agreement shall be
suspended or terminated effective on the date that HUD specifies.
H. INSURANCE
The SUBRECIPIENT agrees this coverage shall be provided on a primary basis.
1. COMMERCIAL GENERAL LIABILITY
The SUBRECIPIENT shall agree to maintain Commercial General Liability at a limit of
liability not less than $100,000 per person and $200,000 per accident/occurrence per FIOJida
Statutes S 768.28 and $2,000,000 per accident for federal and outside Florida litigation per
Florida Statutes S 768.28. Coverage shall not contain any endorsement excluding Contractual
Liability or Cross Liability unless granted by the County's Risk Management Department. The
SUBRECIPIENT agrees this coverage shall be provided on a primary basis.
2. BUSINESS AUTOMOBILE LIABILITY
The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of
liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida
Statutes S 768.28 and $2,000,000 per accident for federal and outside Florida litigation per
Florida Statutes (j 768.28 for all owned, non-owned and hired automobiles. The
SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than
10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier
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County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The
SUBRECIPIENT shall agree to be fully responsible for any deductibles, self-insured retention
or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary
basis.
3. ADDITIONAL INSURED
The SUBRECIPIENT shall agree to endorse the COUNTY as an Additional Insured with a CG
2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to
the Commercial General Liability. The Additional Insured endorsement shall read "Collier
County Board of Countv Commissioners. a Political Subdivision of the State of Florida, its
Officers, Emplovees, and Agents. c/o Housing and Human Services Department", The
SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a
primary basis.
4. CERTIFICATE OF INSURANCE
The SUBRECIPIENT shall agree to deliver to the COUNTY a certificate(s) of insurance
evidencing the required insurance is in full force and effect within thirty (30) calendar days
prior to the execntion of this Agreement by the COUNTY. A minimum thirty (30) day
endeavor to notify due to cancellation or non-renewal of coverage shall be included on the
certifieate(s),
5. RIGHT TO REVIEW AND ADJUST
The SUBRECIPIENT agrees that the COUNTY, by and through its Purchasing or Risk
Management Department, in cooperation with the HHS Department, reserves the right to
periodically review, modify, reject or accept any required policies of insurance, including
limits, coverage's, or endorsements, herein from time to time throughout the life of this
Agreement. The COUNTY reserves the right, but not the obligation, to review and reject any
insurer providing coverage because of its poor financial condition or failure to operate legally.
I. INDEPENDENT AGENT AND EMPLOYEES
The SUBRECIPIENT agrees that, in all matters relating to this Agreement, it will be acting as
an independent agent and that its employees are not Collier County employees and are not
subject to the COUNTY provisions of the law applicable to County employees relative to
employment, hours of work, rates of compensation, leave, unemployment compensation and
employee benefits.
VIII. ADMINISTRATIVE REOUlREMENTS
A. FINANCIAL MANAGEMENT
The SUBRECIPIENT agrees to comply with OMB Circular A -110 (Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and
other Non-Profit Organizations) and agrees to adhere to the accounting principles and
procedures required therein, utilize adequate internal controls, and maintain necessary source
documentation for all costs incurred.
B. DOCUMENT A nON AND RECORD - KEEPING
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1. The SUBRECIPIENT shall maintain all records required by the CDBG Federal
Regulations.
2. All reports, plans, surveys, information, documents, maps, and other data procedures
developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose
of this Agreement shall be made available to the COUNTY by the SUB RECIPIENT at
any time upon request by the COUNTY or HHS. Upon completion of all work
contemplated under this Agreement copies of all documents and records relating to this
Agreement shall be surrendered to HHS if requested. In any event the SUBRECIPIENT
shall keep all documents and records for three (3) years after expiration of this
Agreement.
3. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the
preparation ofHUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and
HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi).
4. SUBRECIPIENT shall submit monthly beneficiary reports to Housing & Human
Services using Exhibit "C".
5. The SUBRECIPIENT shall maintain records showing compliance with the Davis-
Bacon Law, including files containing contractor payrolls, employee interviews, Davis-
Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall
maintain records showing contractor compliance with the Contract Work Hours and
Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing
compliance with federal purchasing requirements and with other federal requirements
for grant implementation.
C. PURCHASING
All purchasing for services and goods, including capital equipment, shall be made by purchase
order or by a written contract and in conformity with the procedures prescribed by the Federal
Management Circulars A-llO, A-122, 24 CFR Part 84, and 24 CFR Part 85, which are
incorporated herein by reference.
D. REPORTS. AUDITS, AND EVALUATIONS
Reimbursement will be contingent on the timely receipt of complete and accurate reports
required by this Agreement, and on the resolution of monitoring or audit findings identified
pursuant to this Agreement.
E. ADDITIONAL HOUSING & HUMAN SERVICES. COUNTY, AND HUD
REOUIREMENTS
HHS shall have the right under this Agreement to suspend or terminate reimbursement until the
SUBRECIPIENT complies with any additional conditions that may be imposed by HHS, the
COUNTY, or HUD at any time.
F. PRIOR WRITTEN APPROVALS-SUMMARY
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The following activities require the prior written approval of the HHS Department or designee
in order to be eligible for reimbursement.
(a) All subcontracts and agreements proposed to be entered into by the SUB RECIPIENT
pursuant to this Agreement;
(b) All capital equipment expenditures of $1 ,000 or more;
(c) All out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes,
Chapter 112.061);
(d) All change orders; and
(e) All requests to utilize uncommitted funds after the expiration of fhis agreement for
programs described in Exhibit A, and
(f) All rates of pay and pay increases paid out ofCDBG funds, whether for merit or cost of
living.
G. AUDITS AND INSPECTIONS
At any time during normal business hours and as often as HHS, the COUNTY, HUD, or the
Comptroller General of the United States may deem necessary, there shall be made available by
the SUBRECIPIENT to HHS, the COUNTY, HUD, or the Comptroller General for
examination all its records with respect to all matters covered by this Agreement.
The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as
amended, as it pertains to this Agreement and any suhcontracts entered into under this
Agreement. This will require the SUBRECIPIENT to submit a single audit, including any
management letter, made in accordance with the general program requirements of OMB
Circulars A-IIO (Uniform Administrative Requirement for Federal Grants), A-122 (Cost
Principles for Non-Profit Organizations), A-133 (Audits of State, Local Governments, and
Non-Profit Organizations), and other applicable regulations wifhin one hundred and eighty
(180) days after the end of any fiscal year covered by this agreement in which Federal funds
from all sources are expended. Said audit shall be made by a Certified Public Accountant of the
SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to HHS. In the
event fhe SUBRECIPIENT anticipates a delay in producing such audit or audited financial
statements, the SUBRECIPIENT shall request an extension in advance of the deadline. The
cost of said audit shall be borne by the SUBRECIPIENT. In the event the SUBRECIPIENT is
exempt from having an audit conducted under A-133 (Audits of State, Local Governments, and
Non-Profit Organizations), the COUNTY reserves the right to require submission of audited
financial statements and/or to conduct a "limited scope audit" of the SUBRECIPIENT as
defined in A-133. The COUNTY will be responsible for providing technical assistance to the
SUBRECIPIENT, as deemed necessary by the COUNTY.
H. PROGRAM-GENERATED INCOME
All income earned by the SUBRECIPIENT from activities financed in whole or in part by
funds provided hereunder must be reported to HHS. Such income would include, but not be
limited to, income from service fees, sale of commodities, and rental or usage fees. The
SUBRECIPIENT shall report its plan to utilize such income to HHS, and said plan shall
require the prior written approval of fhe HHS Department or designee. Accounting and
disbursement of such income shall comply with OMB Circular A-II 0 (Uniform Administrative
Requirement for Federal Grants) and other applicable regulations incorporated herein by
reference.
In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for CDBG
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funds may be retained by the Agency. Program Income shall be utilized to undertake activities
specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to
stated activities. Any Program Income on hand at or received by the SUBRECIPIENT or its
sub-contractors after the expiration of this Agreement shall be retumed to the COUNTY no
later than thirty (30) days after such expiration, subject to any SUBRECTPIENT requests to
utilize uncommitted funds.
L GRANT CLOSEOUT PROCEDURES
SUBRECTPIENT obligation to the COUNTY shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but not limited to; making final
payments, disposing of program assets (including the return of all unused materials, equipment,
unspent cash advances, program income balances, and receivable accounts to the COUNTY),
and deternlining the custodianship ofrecords.
IX. OTHER PROGRAM REOUIREMENTS
A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability,
national origin, religion, age, fanlilial status, or sex be excluded from the benefits of, or be
subjected to, discrimination under any activity carried out by the perfornlance of this
Agreement. Upon receipt of evidence of such discrimination, the COUNTY shall have the right
to terminate this Agreement.
To the greatest extent feasible, lower-income residents of the project areas shall be given
opportwlities for training and employment; and to the greatest feasible extent eligible business
concerns located in or owned in substantial part by persons residing in the project areas shall be
awarded contracts in connection with the project. The SUBRECIPIENT shall comply with the
Section 3 Clause of the Housing and Community Development Act of 1968.
B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS
ENTERPRISES
In the procurement of supplies, equipment, construction, or services to implement this
Agreement, the SUBRECTPIENT shall make a positive effort to utilize small business and
minority/women-owned business enterprises of supplies and services, and provide these
sources the maximum feasible opportunity to compete for contracts to be performed pursuant to
this Agreement. To the maximum extent feasible these small business and minority/women-
owned business enterprises shall be located in or owned by residents of the CDBG areas
designated by Collier County in the Annual Consolidated Plan approved by HUD.
C. PROGRAM BENEFICIARIES
At least fifty-one percent (51 %) of the beneficiaries of a project funded through this Agreement
must be low- and moderate- income persons. If the project is located in an entitlement city, as
defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the
beneficiaries directly assisted through the use of funds under this Agreement must reside in
unincorporated Collier County or in municipalities participating in the County's Urban County
Qualification Progranl. The project funded under this Agreement shall assist beneficiaries as
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defined above for the time period designated in Exhibit A of this Agreement. The
SUBRECIPIENT shall provide written verification of compliance to HHS upon HHS' request.
D. EVALUATION AND MONITORING
The SUBRECIPIENT agrees that HHS will carry out periodic monitoring and evaluation
activities as determined necessary by HHS or the COUNTY and that the continuation of this
Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this
Agreement, comparisons of planned versus actual progress relating to project scheduling,
budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon
request to HHS, the COUNTY or the COUNTY's designees and make copies or transcriptions
of such records and information, as is determined necessary by HHS or the COUNTY. The
SUBRECIPIENT shall, upon the request of HHS, submit information and status reports
required by HHS, Ihe COUNTY or HUD on forms approved by HHS to enable HHS to
evaluate said progress and to allow for completion of reports required of HHS by HUD. The
SUBRECIPIENT shall allow HHS or HUD to monitor the SUBRECIPIENT on site. Such site
visits may be scheduled or unscheduled as determined by HHS or HUD.
E. CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person who presently exercises any functions or
responsibilities in connection with the Project, has any personal financial interest, direct or
indirect, in the target areas or any parcels therein, which would conflict in any manner or
degree with the performance of this Agreement and that no person having any conflict of
interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict
of interest on the part of the SUB RECIPIENT or its employees shall be disclosed in writing to
HHS provided, however, Ihat this paragraph shall be interpreted in such a manner so as not to
unreasonably impede the statutory requirement that maximum opportunity be provided for
employment of and participation of low and moderate-income residents of the project target
area.
F. PUBLIC ENTITY CRIMES
As provided in F.S. 287.133 by entering into this Agreement or performing any work in
furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors
and consultants who will perform hereunder, have not been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the 36 months
immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a).
G. DRUG-FREE WORKPLACE REOUIREMENTS
The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide
drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.c.
701) and with HUD's rules at 24 CFR Part 24, subpart F.
H. CERTIF1CATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief, that:
I. No Federal appropriated funds have been paid or will be paid, by or on 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
CITY OF NAPLES
River Park & Fun Time Improvements
Page 12 of21
Agenda Item No. 16D1
October 23, 2007
Page 15 of 24
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.
2. If any funds other than Federal appropriafed 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
SUBREClPIENTS shall eeltify and disclosc accordingly.
I. REAL PROPERTY
Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects
stated herein, and approved by the COUNTY in accordance with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be
subject to the provisions of the CDBG Regulations including, but not limited to, the provisions
on use and disposition of property. Any real property within the SUBRECIPIENT control,
which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must
adhere to the CDBG Regulations at 24 CFR 570.505.
X. ENVIRONMENTAL CONDITIONS
A. AIR AND WATER
The SUBREClPIENT, as Subreeipient, agrees to comply with the following requirements
insofar as they apply to the performance ofthe Contract:
1. Clean Air Act, 41 U.S.C., 7401, et seq.
2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended,
1318 relating to inspection, monitoring, entry, reports, and information, as well as other
requirements specified in said Section 114 and Section 308 (EP A) regulations pursuant
to 40 C.F.R., Part 50, as amended.
B. FLOOD DISASTER PROTECTION
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC
4001), the Subreeipient shall assure that for activities located in an area identified by FEMA as
having special flood hazards, flood insurance under the National Flood Insurance Program is
obtained and maintained as a condition of financial assistance for acquisition or construction
purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be
CITY OF NAPLES
River Park & Fun Time Improvements
Page 13 of21
Agenda Item No. 1601
October 23, 2007
Page 16 of 24
obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood
insurance.
C. LEAD-BASED PAINT
The Subrecipient agrees that any construction or rehabilitation of residential structures with
assistance provided under this contract shall be subject to HUD Lead-Based Paint Regulations
at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all
HUD-assisted housing and require that all owners, prospective owners, and tenants of
properties constructed prior to 1978 be properly notified that such properties may include lead-
based paint. Such notification shall point out the hazards of lead-based paint and explain the
symptoms, treatment and precautions that should be taken when dealing with lead-based paint
poisoning and the advisability and availability of blood lead level screening for children under
seven. The notice should also point out that if lead-based paint is found on the property,
abatement measures might be undertaken.
D. HISTORIC PRESERVATION
The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set
forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection
of Historical Properties, insofar as they apply to the performance of the Contract. In general,
concurrence from the State Historic Preservation Officer is required for all rehabilitation and
demolition of historic properties that are fifty years old or older or that are included, on a
Federal, state, or local historic property list.
XI. SEVERABILITY OF PROVISIONS
If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be
affected thereby if such remainder would then continue to conform to the terms and requirements of
applicable law.
XII. REVERSION OF ASSETS
Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG
funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds,
and any non-expendable personal property that was purchased with CDBG funds. Any real property
under SUBRECIPIENT control that was acquired or improved in whole or in part with CDBG funds in
excess of Twenty-five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part
570.503(B)(8).
XIII. CONDITIONS FOR RELIGIOUS ORGANIZATIONS
CDBG funds may not be used for religious activities or provided to primarily religious organizations.
24 CFR 570.200(j) specifies the limitations on CDBG funds, and is herein incorporated by reference.
CITY OF NAPLES
River Park & Fun Time Improvements
Page 14 of2l
Agenda Item No. 16D1
October 23, 2007
Page 17 of 24
XIV. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of twenty-one (21) enumerated pages, which include the exhibifs
referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an
original, and such counterparts will constitute one and the same instrument.
CITY OF NAPLES
River Park & Fun Time Improvements
Page 15 of2l
Agenda Item No. 16D1
October 23. 2007
Page Hi of 24
XV. ENTIRE UNDERSTANDING
This Agreement and its provisions merge any plior agreements, if any, between the parties hereto and
constitutes the entire understanding. The parties hereby acknowledge that there have been and are no
representations, warranties, covenants, or undertakings other than those expressly set forth herein.
WITNESS our Hands and Seals on this
day of
,200
CITY OF NAPLES
BY:
(SUBRECIPIENT SEAL)
BILL BARNETT, MAYOR
Approved as to form and
legal sufficiency:
ROBERT D. PRITT, CITY ATTORNEY
ATTEST:
BY:
TARA A. NORMAN, CITY CLERK
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
BY:
TZKOW
TY ATTORNEY
JAMES COLETTA, CHAIRMAN
CITY OF NAPLES
River Park & Fun Time Improvements
Page 16 of21
Agenda Item No. 16D1
October 23, 2007
Page 19 of 24
EXHIBIT "A"
SCOPE OF SERVICES
THE CITY OF NAPLES
RIVER PARK & FUN TIME IMPROVEMENTS
THE SUBRECIPIENT AGREES TO:
A. PROJECT DESCRIPTION:
The City of Naples proposes to: Make improvements within the Carver-River Park neighborhoods.
1bis area falls within the census low-income census track. With this funding the City of Naples will
purchase playground equipment, and install the equipment at Fun Time Early Childhood Academy's
new facility located at 102 lih Street North in the City of Naples. Ine second phase of this project
will include the replacement, or reinforcement of rip rap as needed, along canals in the Carver/River
park neighborhood. The final phase of this three phase project will be to install police surveillance
equipment. This equipment will be insfalled in order to assist the Naples Police Department in
reducing illicit drug trafficking activities in the Carver/River Park neighborhood located within the
City of Naples.
B. PROJECT SCOPE:
The purpose of this funding: The purpose of this project is to provide improvements for the residents
of the Carver/River Park neighborhoods within the City of Naples in Collier County.
The Subreeipient will be responsible for the following:
a. Submission of sfattstles of crime rate prior to installation of cameras, and
submission of statistics of crime in the area where cameras were installed one year
later.
b. Submission of documentation of match funds listed under Budget in Section C
provided within 30 days of execution date of agreement.
c. Posting of visible signage at the work site identifying the funding source as
mentioned in section VII part F.
d. Submission of request for payment along with supporting documentation for
payment of services
e. Shall obtain a minimum of three bids for the work to be conducted, as well as
provide HHS with a copy of contracts. All RFP's and contracts will include HUD
form 4010 along with wage decision determined for projects, and comply with
Davis Bacon.
NOTE 1: The SUBRECIPIENT shall submit its bid package and drawings/specifications to HHS and
obtain a letter of approval prior to bidding the construction work.
NOTE 2: The SUBRECIPIENT shall prioritize the work in the Project, and shall bid such work in a
manner that would allow the receipt of itemized costs from bidders, which would then allow the award
CITY OF NAPLES
River Park & Fun Time Improvements
Page 17 of21
Agenda Item No. 16D1
October 23, 2007
Page 20 of 24
of items that can be funded by the budget.
NOTE 3: The SUBRECIPIENT shall not award the construction contract for the Project until
sufficient funding is available to complete the established scope of work. The SUBRECIPIENT shall
obtain HHS approval prior to awarding the construction contract to be funded through this agreement.
After awarding such contract the SUB RECIPIENT shall obtain HHS' approval prior to executing any
change orders to such contract.
NOTE 4: The SUBRECIPIENT shall not request advancement from HHS for materials or equipment
received and stored on the project site or elsewhere. The SUBRECfPIENT shall only request
advancement for materials and equipment that have been installed.
The SUBRECIPIENT further agrees that HHS, in consultation with any parties HHS deems necessary,
shall be the final arbiter on the SUBRECIPIENT's compliance with the above.
c.
BUDGET: PROJECT NAME
Line Item: Fun Time Early Childhood
Academy playground
equipment.
CDBG Funds
$62,079,00
Other
$
River Park Canals-Rip Rap
$24,000,00
$
Surveillance Equipment
$30,000.00
$
(Match funds from City)
$10,000.00
Total
$116,079.00 +
$126,079.00
Any indirect costs or charge must be consistent with the conditions of this Agreement. If indirect
costs are charged, the SUBRECIPIENT, as SUBRECIPIENT, will develop an indirect cost allocation
plan for determining the appropriate SUBRECIPIENT's share of administrative costs and shall submit
such plan to HHS, on behalf of the COUNTY, as the Grantee, for HHS's approval, in a form specified
by HHS. In addition, HHS may require a more detailed hudget breakdown than the one contained
herein, and the SUBRECIPIENT shall provide such supplementary budget information in a timely
fashion in the form and content prescribed by HHS. Any amendments to this budget must be
approved in writing by HHS and the SUBRECIPIENT.
D. STAFFING: Provide list of staff directly responsible for reporting and request for payment processing.
E. BONDING REOUTREMENTS: The SUBRECIPIENT shall comply with the requirements of OMB
Circular A-110 (Uniform Administrative Requirement for Federal Grants) and 24 CFR Part 84 in
regard to any bid guarantees, performance bonds, and payment bonds.
CITY OF NAPLES
River Park & Fun Time Improvements
Page 18 of21
Agenda Item No. 1601
October 23,2007
Page 21 of 24
F. CONSTRUCTION PAYMENT RETAINAGE: The SUBREClPlENT shall apply a retainage of at
least 5% on all construction draws which retainages shall be released in conjunction with the final
draw upon satisfactory completion of the Project. The SUBREClPlENT agrees not to release such
retainages until it has obtained approval from the COUNTY that the contractor and subcontractors
have complied with the requirements of the Davis-Bacon Act.
G. FORMER PROJECTS: Failure to adequately maintain any former CDBG funded project may result in
the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future
CDBG funds.
H. WORK SCHEDULE: The time frame for completion of the outlined activities shall be:
Milestone Deadline
50% of Dr01ect complete Februarv15,2008
100% ofnroiect complete June 15, 2008
Please note that if any of these activities exceed the timelines by two months a revised work schedule
must be submitted to HHS.
I. REPORTS: The SUBREClPlENT shall submit detailed monthly progress reports to HHS outlining
the status of specific activities under the project. Each report must account for the total activity for
which the SUBRECIPIENT is paid with CDBG funds, in part or in whole, and which is required in
fulfillment of their obligations regarding the Project. The progress reports shall be submitted on the
form Exhibit "C". The progress reports shall be used as an additional basis for HHS approval of
invoices, etc. for payment.
J. OUTCOME PERFORMANCE MEASUREMENTS:
OBJECTNE OUTCOMES ACTIVITY INDICATORS
SUITABLE LNING SUST AINABLILITY PUBLIC FACILITY NUMBEROF PERSONS
ENVIRONMENT USING FACILITY
CITY OF NAPLES
River Park & Fun Time Improvements
Page 19 of21
Agenda Item No. 1601
October 23 2007
Page 22 of 24
EXHIBIT "B"
COLLIER COUNTY HOUSING AND HUMAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name:
CITY OF NAPLES
Subrecipient Address:
735 EIGHTH STREET SOUTH NAPLES. FL 34102-6796
Project Name:
RIVER PARK & FUN TIME IMPROVEMENTS
Project No:
Payment Request #
Dollar Amount Requested: $
SECTION II: STATUS OF FUNDS
I. Grant Amount Awarded
2. Sum of Past Claims Paid on this Account
$ 116,079.00
$
$
$
$
$
$
3. Toml Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account
4. Amount of Previous Unpaid Requests
5. Amount of To day's Request
6. Current Grant Balance (Initial Grant Amount Awarded
Less Sum of all requests)
7. If applicable amount held as retainage to date
by the County, if not retained by the sub-recipient
I certify that this request for payment has been drawn in accordance with the terms and conditions of the
Agreement between the County and us as the Sub-recipient. I also certify that the amount of the Request for
Payment is not in excess of current needs.
Signature
Date
Title
Authorizing Grant Coordinator
Supervisor
Dept Director
(approval authority under $14,999)
(approval required $] 5,000 and above)
CITY OF NAPLES
River Park & Fun Time Improvements
Page 20 of21
Agenda Item No. 16D1
October 23, 2007
Page 23 of 24
EXHIBIT "C"
CDBG MONTHLY PROGRESS REPORT
Complete form for past month and submit to Housing & Human Services staffby the ](/" of the following
month.
Status Report for Month of
Submittal Date:
Project Name
Project Number
Activity Number
Subreeipient:
Contact Person
Telephone: (239)
Fax: (239)
E-mail:
1. Activity Status/Milestones (describe any action taken, relating to this project, during the past month):
2. What events/actions are schednled for the next two months?
3. Describe any affirmative marketing you have implemented regarding this project. Please list and
attach any recent media coverage of your organization relating to this project.
4. List any additional data relevant to the outcome measnres listed on the application for this project.
5. Identify any potential issues that may cause delay.
CITY OF NAPLES
River Park & Fun Time Improvements
Page 21 of21
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16D1
Page I of I
Agenda Item No. 1601
October 23, 2007
Page 24 of 24
F\ecQn'llllel1diltion Il1allhe Board of County Commissioners approves, and authorizes its
Chairman to siUn, a Subrecipient Agreement providing a Community Development Block
(3rant in the amount (if $11G,079.UO 10 the City of Naples to fund improvements \0 the
George Vv'~lshington Carvel imd r~iver Park communities and the Fun Time Early Childhood
.Academy
1012:3/2007 S,lIJO:OU !'-.f-11
Prepared By
S(Jndr~ ManNO
Publi<:: SNvices
(;rallls M;'lllilW!JlH!l1t CoordinatOl
H'I\lsinu ,':\., H'lIHan ~~f;l"vicp<;
Date
1;117120073:31 :10 PM
i\llflroved By
Marcy hlulIlhinc
Puhh<:: Se-rvices
Uire;:lol
HOllsinq &. HU!lI,W ~;'-'l nCHS
Dilte
91712007 J:52 PM
ApI)I'nvcd B,y
fJl<1rlelle J. ;.coord
Administrative SerYict'~
Grants Cq{Jr,lin<lt'il
I\dmilli,,11'ltiv<:, ~,pnriu-,s .Admin.
Date
91'11/20074:1'1 PM
Apl)ro\'cd B)-'
Marla Ramsey
Public Services
PulJl!c Servi':[~s f.dl11inistrntor
Puhlic ServiCES AtJmin.
Date
91121200711:57 AM
ApPI'O\'cd By
OMS Coordinator
Administrative Services
Applications Analyst
Information Technology
Date
9/17120079:42 AM
Approved By
Sherry Pryor
County Manager's Office
Management & Budget Analyst
Office of Management & Budget
Date
9/18/20078:47 AM
Approved Hy
Michael Smykowski
County Manager's Office
Managernf!llt & Budget Director
Office of Management & Budget
Date
9/18/20079:19 AM
AplJro\'cd Hy
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
Date
9f18/2007 1;33 PM
Agenda Item No. 16D2
October 23, 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 Rosa Mendez Olivero (Owner) for deferral of
100% of Collier County impact fees for an owner-occupied affordable housing unit
located at Lot 122, Trail Ridge.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Rosa Mendez Olivero 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 Rosa Mendez Olivero, which
application, after staff review, was determined to qualifY for the program. Legal status has been
verified and documents are on file at the otftce of Housing and Human Services. The property is
located in the Trail Ridge subdivision in Naples.
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, these agreements be placed on the Consent Agenda for the
Board's review, approval and Chairman's signature.
FISCAL IMP ACT: This agreement defers $19,372.52 in impact fees. Although it is expected
that the County will ultimately collect these deferred fees (generally upon the sale of the
residence), there is no guarantee 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 Rosa Mendez Olivero located at Lot
122, Trail Ridge, Naples.
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
,-
Return to
Agenda Item No. 16D2
October 23, 2007
Page 2 of 5
FnnkRamsty
LollicrCollnlvlIIlS
3301 E. Tamiami Tuil
NOJlIe:\' 1'luridll34112
Filc# 08-025-IF
Thi~ ~JlDcr for rrrording
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUI'IED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this .) 7- day of Septemhcr, 2007, between Collier COWlty, a
political subdivision of the State of Florida (COUNTY) and "Rosa Mendez Olivero" (O\VNER),
eollective1y 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 Codc of Laws and Ordinances of
Collier County, Florida.. known as wIne Collier County Consolidated Impact Fec Ordinance"
(Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance
shalt apply.
2. The legal description of the dwelling unit is attached a<; Exhihit "A.f1
3. The term of this Agreement is from the date set forth above until1he 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 ufthe homestead
exemption: or d) the first occurrence of any sale or transfer of any part of thc affected real
property. and in any such event the deferred impact fees shall be paid in full to the COUNTY
not latcr then the closing of the sale. or not latcr then the effective date of the transfer. As set
forth in Exhibit "13." the amount of the deferred impact fees is Nineteen Thousand Three
Hundred Seventy Two and 521\00 Dollars ($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 Exhibil "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 rclease or satisfaction of lien in the public records of the
County. 'J11C deferrals of impact fees and this Agreement shall run with the land, and ncither
the deferred impact fces nor this Agreement shall be transferred. assigned, or othcf\N'ise
conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or
other security interest, lhis lien shall otherwise be superior and paramount to the interest in
thc dwelling unit of any owner, lessee. tenant, mortgagee, or other person, except lhat this
lien shall be on parity with any lien tor County taxes.
6. Upon the satisfactory completion uf this Agreement's requirements, COUNTY shall record
any necessary documentation evidencing same.
7. In the event the OWNER is in default Wlder the Ordinance or this Agreement, and the default
is not eured within 30 days after written notice is provided to the OWNER, the COUNTY
Agenda Item No. 1602
October 23. 2007
Page 3 of 5
may, at its sole option. collect the impact tee 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 arc
then in default and immediately due and payable. The COUNTY shall he 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 ma'\:.imum statutot)' ralc for judgments calculated on
a calendar year hasis until paid.
8. This Agreement is the sole agreement between the parties with respect to the subject matter
herein, and shall he binding upon the OWNER'S successors and assigns in interest.
9. This Agreement shall he recorded in the ot1icial records of the County at no cost to the
COUNTY.
IN WITNESS WHEREOF, the Parties have executed this ^b-Tfcement on the date and year first
ahove written.
Attest:
DWIGHT E. BROCK. Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA.
By:
By:
. Deputy Clerk
JAMES COLETTA. CHAIRMAN
Witnesses: .-"
'-, -, .. '~,;,s... 'e;l..j.... 'L.'J
// 11~":""~,<(.",,- "\ -i J .' ~. 'n _
Print Name ::.J'l[;..i~ J/.:,- ,< /"f.~' )}'1-i<,L
OWNER:
.\:/ ~ '(" (
R~)S~~e~~z oh~er(;:' I I cl C ,~'
OWNER:
Wjtncsscs:
(;,--:-~-
r ._..... _
PrintNamc~,^i ~h\":" ._.....
STATE 01' FLORtDA)
COUNTY OF COLLIER)
The foregoing Agreement was acknowledged hefore me this -:-~i' day of .Ii
1007. hy J.' . , who is personally known to me or has produced
_ as proof of identity.
4~:ClTAJm\~$Jo!tl<IOIN" v \
:'!i -J:.. '-.';~ CommiSSion :il'DD2j34..t, I
~):-:.~.,~~,: Expires March 4, 200"8, "
-,( <'i /,c't.' ~.....,.11~""'" ,."..",.,.,. '"' f'o'L,_Jl_",\.1',
1 ~ 'r" ,(' ,
Signature of Person Taking Acknowledgment
sl
rm
-~~._-
Recommend Appr<;)Val:
cy:
I
Marcy Krumhine, MP A
Director
Collier County Housing and Human Services
JeffreYit-. Kia! 0 .
Managi~g ASSitl County Atlomey
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 122, Trail Ridge, according to the plat thereof,
as recorded in Plat Book 44, Pages 71 through 77,
inclusive, of the Public Records oreollier County, Florida.
EXHIBIT "8"
IMPACT FEE BREAKDOWN
Type of Impact Fee
A. EMS Impact Fee
B. Correctional Facilities Impact Fce
C. Library Impact Fce
D. Community Parks Impact Fee
E. Regional Parks Impact Fec
F. Educational Facilities System Impact Fcc
G. Road Impact Fee
H. Government Buildings Impact Fee
1. Law Enforcement Impact Fce
.I. Water Impact Fcc
K. Sewer Impact Fcc
TOTAL IMPACT FEES
JAK ^rrrnvcd_j_l_
Agenda Item No. 16D2
October 23, 2007
Page 4 of 5
Amount Owed
$100.59
$62.14
$368.18
$750.00
$1,659,00
$2,862.00
$6,059,00
$4JO.OO
$171,61
$3,415,00
$3,515.00
$19,372.52
Page I of I
Agenda Item No. 1602
October 23, 2007
Page 5 of 5
COLLIER COUNTY
BOAHD OF COUNTY COMMISSIONERS
Item Number:
1(302
Item Summary:
RccornlllendallOn that Hle 80ard of County Commissioners approves and authorizes the
Chairman to sign. a liell agreement with r~osa Mendez Olivero (Owner) for deferral of 100%
of Coli 1(-1 I~ounty illlpacllees for an 0",'1\81' occupied affmdable housing unillocated at Lot
122, "1I';lil r~idqe
Meeting Date:
10/23/2007 40UOO Atvl
I)repared By
Frank Ramsey
SHIP Program Coordinator
Date
Puhlic Services
HOllsinq ,HId Human Services
10/1/200712:33:28 PM
ApprlJ\'fd By
Marcy Krumbine
Director
Date
Puhlic Servir;es
Housinq & Human Services
10/4/20075:57 PM
^(JIJfOVed B:,..
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Arlmin.
1015120073:39 PM
AplJfoved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Officf'
10/5120074:40 PM
Apl,r(wed By
Sherry Pryor
Management & Budget Analyst
Date
County Manaqer's Office
Offir.e of M.'maqement & Budget
1018/20074:41 PM
Approved B,y
James V. Mudd
County Mal1a~]t'r
Date
Board of County
Commissioners
County Maml!]N'S Office
10/10120077:46 PM
Agenda Item No. 1603
October 23, 2007
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves, and anthorizes the
Chairman to sign, a lien agreement with Elixer Dossous and Veolene Dossous (Owners)
for deferral of 100% of Collier County impact fees for an owner-occupied affordable
housing unit located at Lot 203, Trail Ridge Naples.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Elixer Dossous and Veolene Dossous for
deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit.
CONSIDERATIONS: Article IV of Chaptcr 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 Elixer Dossous and Veolene Dossous,
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 Trail Ridge subdivision in Naples.
,-
The ordinance requires that a lien agreement be entered into with the applicant as a condition of
deferral of thc 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 deternlined that until
directed otherwise by the Board, these agreements be placed 011 the Consent Agenda for the
Board's review, approval and Chairman's signature.
FISCAL IMPACT: This agreement defers $13,6 16.20 in impact fees. Although it is expected
that the County will ultimately collect these deferred lees (generally upon the sale of the
residence), there is no guarantee 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 lor Elixer Dossous and Veolene Dossous
located at Lot 203, Trail Ridge Naples.
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
--
I{clllrntu
Agenda Item No. 11 D3
October 23, toO?
Page 2[01 5
I
Frllnklbm5CY
Comer Counl~' IHlS
Hill E. Tnmillmi Trail
Nsplrs,F1orids]4tl2
File# 08-018-IF
Thjs~pllcerorrcnlrding
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 or September. 2007. between Collier County, a
political subdivision of the State of Florida (COUNTY) and "[lixer Dossous and Veolcne Dossous"
(OVINER). collectivel:y 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; h) the refinancing or the dwelling unit; c) i.lloss orthe homestead
exemption; or d) the first occurrence of any sale or transfcr of any part of the affected real
property, and in any such event the deferred impacl fees shall bc paid in full to the COUNTY
n01 later then the closing of the sale. or not later then lhc effective date ofthc transfer. As set
forth in Exhibit "8." the amount of the deferred impact f(~cs is Thirteen Thollsand Six
Hundred Sixteen and 20/1 no Dollars ($13.616.20), Repayment shall include an)' accrued
mtcrest. Interest shall he computed at the rate of fivC' rcn.:ent (5(1()) per annum, but in 110
event shall it exceed l\.\.enty-fl\'e percent (2Sn/o) of the IOtal fee amount.
5. The deferred impact fees shall be a lien on the propert). described in Exhibit "A," which lien
may he foreclosed upon in the event of non-compliance with the Ordinance or \.vith this
Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall
terminnte upon the recording of a release or satisfaction of lien in the public records of the
County. The deferrals (If impact fees and this Agreement shall run with the land, and neither
the deierred impact fees nor this Agreement shall be transferred, assigned, or othervvise
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 rr;:quircments, COU!\'TY shall record
any necessary documentation evidencing same.
7. In the event the O\VNER is in default under the Ordinance or this Agreement, and the default
is not cured within 30 days after ....vrinen notice is provided to the OWNER, the COUNTY
I
Agenda Item NO.1 IID3
October 23, 2f07
, I ' II h' C . d c t C h' hOd' Paae 3 f 5
may. at Its so e apnon, co eel t e Impact lee amount m Clau t as set Jort In t e r mance, '"'
or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are I
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 sUQject matter
herein. and shall be binding upon the OW"NER'S successors and assigns in interest.
9. This Agreement shall he recorded in the official records of the County at no cost to the
COUNTY.
IN WITNESS WHEREOF. the Panies have executed this Agreement on the date and year first
above written.
Attest:
DWIGHT E..BROCK. Clerk
BOARD OF COUNTY COMMtSSIONERS
COLLIER COUNTY, FLORIDA,
By:
By:
.lAMES COLETTA, CHAIRMAN
, Deputy Clerk
OWNER:
\Y~t~es~es:
Ie. ,A.
"r ,,) u~'
Print Namc' 'l',"C:'Y, 'i~
'(0.
/ / '
"t' ~
Elixcr Dossous
/l'~'..
J::/(;'-/:;(;'>/' \
0\,\'1'''':ER:
\Vitncsses:
--'-
Print Name
Vcolcnc J)()SSOllS
STA TE OF FFORlDA)
COUJ\TY OF COLLIER)
The foregoing Agreement wa-" acknowledged before me this ------=-:.__ day o(
2007. by" ,,.' }. W110 is p~rsonaU.):'_ kno.wn to me or has produced
"_._~____ _~ as proof of identity,
[ ""VJ..."l1 ~~_~'_VV""'^^^""'-"""
{ ;'1 ,,,:Q l'IUU!i.L'SEAL J'i :
)-~;: ",'.-I"'\"r,'..""-" '.",.;;>"
~i~~:;_~~.~~..~~~~ 1:
-,..
Signature of Person Taking Acknowledgment
Recommend Approval:
Marc)-- Krumbinc. MPA
Director
Collier County Housing and Human Services
EXHIBIT "A"
Agenda Item NO.1 D3
October 23, 2 07
Page 4 f 5
LEGAL DESCRIPTION
Lot 203, 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 Fcc
Amount Owed
A. EMS Impact Fee
B. Correctional Facilities Impact Fee
C. Library Impact Fee
D. Community Parks Impact Fe~
E. Regional Parks Impact Fce
F. Educational Facilities System Impact Fee
G, Road Impact Fce
II Government Buildings Impact Fee
I. Law Enforcement Impact Fec
J. Water Impact Fec
K. Sewer Impact Fee
TOTALIMI'ACT FEES
$100.59
$62.t4
$368.18
$750.00
$1,659.00
$827.00
$3.7]100
$150.24
$8].05
$2,760.00
$3.125.00
513,616.20
JAK Approved _ /__J_
Page I at I
Agenda Item No. 1603
October 23, 2007
Page 5 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
1603
Item Summary;
F\ecornl1lel1datlon that lhf~ 80ard of County Commissioners approves, and authorizes the
Cllalnn311 to sign. a lien ilgreemenl with Elixer Dossous and Veolene Dossous (Owners) for
delerr;'ll of1 DUo/a 01 Collier- County impact tees tor an owner-occupied affordable housing unil
loc(lled ill Lot 20T Trail Ridge Naples
10/23/2007 q-(lU.OU Mvl
Meeting Date:
Prepared B)'
Frank Ramsey
SHIP Prowalll CoonJinator
Date
Public Services
HOllsin~1 and Human Services
10/1/200712:35:25 PM
AplJroved By
Marcy Krurnbine
Director
Date
Public Services
Housinq & Human SN\lice5
10/4/20075:56 PM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public SNvices A(!lnill
10/5/20074:10 PM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
10/5/20074;40 PM
AIJf)roved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of I\hnilgernent & Budget
10/8/20074:45 PM
AI)proved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
10/10/20077:53 PM
Agenda Item No. 16D4
October 23, 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 Marise Vilsaint (Owner) for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing unit located at L9t
2, Liberty Landing.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Marise Vilsaint for deferral of 100% of
Collier County impact fees for an owner-occupied atTordable housing unit.
CONSIDERATIONS: Article IV of Chapter 74 of the Code of Laws and Ordinances
established a program to defer impact fees for qualified atlordable housing. Pursuant to this
program, an application for deferment was submitted by Marise Vilsaint, 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 Liberty Landing 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, these agreements be placed on the Consent Agenda for the
Board's review, approval and Chairman's signature.
FISCAL IMP ACT: This agreement defers $12,442.52 in impact fees. Although it is expected
that the County will ultimately collect these deferred fees (generally upon the sale of the
residence), there is no guarantee as to if, or when, this would occur.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CON SID ERA TIONS: 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 Marise Vilsaint located at Lot 2,
Liberty Landing, Immokalee.
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
-
Agenda Item NO.1 04
October 23, 2 07
Page 2 f 5
lteturntu
Frllnklbm~l."Y
Cullier CUUllt)' IIIIS
330L E.TMrnillnliTrllil
:'Ilaples.I;loridlt34112
Filc# 118-017-IF
rhi~ ~pIlCC fur reconlill~
LIEN AGREEMENT FOR DEFERRAL OF 1110% OF COLLIER COUNTY IMI'ACT
FEES FOR OWNER OCCUPIED AH'ORDABLE HOllSING DWELLING UNITS
This Agreement is entered into this 2L day of September, 2007, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Marisc Vilsaint" (OWNER),
collectively stated as the "'Parties."'
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknov.ilcdgcd, the Pmties 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
shatt apply.
2. The legal description ofthc dwelling w1it 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 dclerrcd shall be paid to the COUNTY in full upon: a) the
suIe of the dwelling unit: b) the refinancing o1'th<:; dwelling unit: c) a loss orthc homestead
exemption; or d) the tirst occurrence of any sale or transfer of any pat1 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 dosing ofthr.: sak. or not later then the dTcctivr.: dale of the transfer. As set
forth in Exhibit "8:' the amount of the deferred impact fees is Twelve Thousand Four
Jlundred Fort\' '1\\'0 <lnci 52/] (JO Dollars ($12.442.52). Repayment shall include any accrued
interest. lntert.::st shall be computL'J at the raic of Jive percent (50/0) per annum, but in no
event shall it exceed twenty-five percent (25%) of the toial fee amount.
5. The deferred impact fees shall be a lien on the propcl1y described in Exhibit .'A," vvhich lien
may be foreclosed upon in the event of non-compliance with the Ordimmee or with this
Agrecmcnl. This Agreement shall operate as a lien against the dwelling unit. The lien shall
tenninate upon the recording of a rclease or satisfaction of lien in the public records of the
County. The de1Crrals or impul.:t fees and this Agreement shall run .with thi.: land, and neither
the deferred impact fees nor Ulis Agreement shall be transren-ed. assigned. or othcn'vise
conveyed. Except as provided by lav..'. regardless of any foreclosure on the first mortgage or
other security interest, this lien shall othenvise be superior and paramount to the interest in
the dwelling unit or an) owner, lessee, tenant, mortgagee, or other person, except that this
lien shall be on parity with any lien for County ta..xes.
6. l;pon the satisractory completion of this Agreement's requirements. COUNTY shall record
any necessary documentation evidencing same.
7. In the event the OVv'NER 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 OptiOH_ colle~t the impact fee amount in default as set forth in the Ordinance,
or bring a civil action to enforce mis Ab'Tcement, or declare that the deferred impact fees are
then in default and immediately due and payable. The COUJ\TY shall be entitled to recover
all fees and costs, including attomey's fee und costs, incurred by the COUNTY in enforcing
this Agreement, plus interest at the then maximum statutory rate for judgments calculated on
a calendar year basis until paid.
S. This Agreement is me sole agreement between the parties with respect to the subject matter
herein_ and shull be binding upon the OV.'NER'S Sllccessors and assigns in interest.
9. This Agreement shall be recorded in the official records of the County at no cost to the
Agenda Item NO.1 D4
October 23. 2 07
Page 3 f 5
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:
, Deputy Clerk
JAMES COLETI A, CHAIRMAN
OWNER:
Witnesses:
--r0w:H..9. CJ..L.'c,J..od..o
PrintNamenl.~ ~\va.Ifa.JD
. (, (' t~ [, I J
,jiU\~\Ur_ <1,:...._7')).\/V1
Marise Vilsaint
OWNER:
Vtlitness~s:
J-
(.1 <.,. ~'-......c ~
Print' .Name I
,
"..J.;t..~~...."
~ !
I)...-n.,..--V--
'\ -::- f
The foregomg Agreement \\ias <lcknowledged before me thlS ::;..'"21 { day of __ ......l..{! ;jJG:':.qJiC~_i
2007. by AI/,"/ / If / (7r/ T \\110 is personally known to me or h5..., produced
- as proof of idenmy.
.no" 1>AE1'IDO~
I\.G\"'....;, _ '~DU'i~....~'
\~~.\'{('0M\oA\S~\('Il' ~12_:wo
"""""..AAI1),t~ "'0
~'
'~~ '/' j ., \
( /7 '-.") ) Lt }{j./lj,:700--...L...__
Sigi1~rc of Person Taking ~knowledgment
Appro cd S 0 form
and Ie I <ft..' ncr
. f l \
JetIrey A,1 Kllftkow ..
Managin~As,~tant County Attorney
\ ,\
~
Recommend Approval:
. ,
,
,
i
I
i
I
.. "-
-~--~--'-
i
-\~"
Marcy Krumbrnc. ~vlP A
Director
Collier County Housing and Human Services
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 2, Liberty Landing, according to the plat thereof,
as recorded in Plat Book 47, Pages 71 through 73,
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 Fcc
H. Government Buildings Impacl Fee
I. Law Enforcement Impacl Fee
TOTAL IMPACT FEES
JAKAppwvcd_.,/_i__
Agenda Item No.1 D4
October 23, 2 07
Page 4 f 5
Amount Owed
$100.59
$61.14
$368.18
$750.00
$1,659.00
$1,861.00
$6,059.00
$410.00
$171.61
$12,442.52
l.:LO'" I VI I
Agenda Item No. 1604
October 23. 2007
Page 5 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
1GU4
Meeting Date:
RCCOllllllendatlol1 Ihdt Itw Board of County COlllmissioners approves. and authorizes the
Clldlllllclll to sign. ol lien Clgreelllenl with Marise Vilsainl (Owner) for deferral of 100% of
ColliN County impacllees tor all owner-occupied affordable housing unillocated at Lot 2,
Ubelty LCllluinSl
10/23/2007 qUOaU At"l
Item Summary:
IJrepared B)'
Frank Ramsey
SHIP proqram Coordinator
Date
Public Services
HOllsinq and Human Services
10/1/200712:37:17 PM
Approved B)'
Marcy Krumbine
Director
Date
PuhliG Services
HOllsing & HumaJl Services
10/4/20075:53 PM
Allproved B)'
Marla Ramsey
Public Services Administrator
Date
Public Services
Publi!; Services Admin
1015120074:11 PM
Approved II)'
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
COllnty AUor1ley OUice
10/5f2007 4:39 PM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Offi~{> of Milfl<1qenwnt & Bud!}!'1
10fRf2007 4:49 PM
AIJproved B)'
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
10f10/2007 7:55 PM
Agenda Item No. 16D5
October 23, 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 Sheila Destine (Owner) for deferral of 100% of
Collier Connty impact fees for an owner-occupied affordable housing unit located at Lot
3, Liberty Landing.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Sheila Destine 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 Sheila Destine, 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 Liberty Landing 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, these agreements be placed on the Consent Agenda for the
Board's review, approval and Chairman's signature.
FISCAL IMP ACT: This agreement defers $12,442.52 in impact fees. Although it is expected
that the County will ultimately collect these deferred fees (generally upon the sale of the
residence), there is no guarantee as to if: or when, this would occur.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CON SID ERA TIONS: 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 Sheila Destine located at Lot 3,
Liberty Landing, Immokalee.
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
....-.~
Agenda Item No. 16D5
October 23. 2007
Page 2 of 5
Return to
)'rallkKRlnSe"
CnllitT County HUS
33111 E. Tllmillmi hail
I'<llplcs,F1orida34112
Filc# 08-021-IF
This S]lRce for rccllrtlin!!:
LIEN AGREEMENT FOR DEFERRAL OF IOO'X. OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this ;;V day of September, 2007, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Sheila Destine" (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 tenns 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 an1<mnt of the impact fees deicrred shall be paid to the COUNTY in full upon: a) the
sale of the dwelling unit h) the refinancing ufihe dwelling unit c) a Joss or 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 10 the COUNTY
not later then the closing of the sale. or not later then the effective date of tile transfer. As set
forth in Exhibit "B," the amount of the deferred impact iCe,"; is Twelve Thousand Four
Hundred F0l1v '!\vo and 52/1 no Dollars ($12.442.52) Repayment shall include any accrued
interest. Iml:rest shall he computed at the rate of five percent (5%) per annum, but in no
eyent shall it exceed twcnty-fiv.: pcn:enl (25(}(J) of the total fee amount.
5. The deferred impact fees shall be <l lien on the properly described in Exhibit "A:' which lien
may be foredosed upon in the event of non-compliance \,vith the Ordinanc:e or with this
Agreement. This Agn:emenl 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 b:y law, regardless of any f()reclosure all the first mortgage or
other security intcrest. this licn shall otherwise be superior and paramount to the interest in
the dwelling unit of any O\\TIcr. 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, COtJNTY shall record
any necessary documentation evidencing same.
7. In the event the OWNER is in defaul1 under the Ordinance or this Agreement, and the default
is not cured within 30 days afler \'yTinen 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.
or bring a civil action to enforce this Ak,,'Teement, 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, inclincd hy 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
hcrein, and shall be binding upon the OWNER'S successors and assigns in interest.
9. 111is Af.'Teement shall be recorded in the official records of the County at no cost to the
Agenda Item No. 16D5
October 23, 2007
Page 3 of 5
COUNTY.
IN 'WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first
above ""Tinen.
Attest:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
By:
By:
, Deputy Clerk
JAMES COLETTA, CHAIRMAN
OWNER:
Witnesses:
,-n]a.dh.. (]j<J~,
-,.--.-----------
Print Name ()].rIha.. f'r',varwlo
..0)/ . c.,"'"
,--- li-~~o_
Sheila Destine
A .5'/ ~
_ e. 'U"yi(~
OWNER:
\yit'nesses: [/ -~-
b,{,.d ,--" .-d~
Prin! .'N1.me t:) r'<< , '" I ,"}. t7 :" -;..1..\
(/ I
STATE OF FLORIDA)
COUNTY OF COLLIER]
2007.
-.,
The forcgoi.n~_AgrCCmcnt ",<,as acknowledged before me this r.;J 7"day of ~/(.161i{fj.#,"L"
by /u[{C'~., t!~/,-.-Z _~' who is personally known to me or haS produced
as proof of identity.
,,-1-""" AGNES MENDOZA
~~/ ~~~~~l~~~~~ 1.1
l. 1.'''.J.~~l^~V 1,l.""'"'l.o;......,A>looc. (0
//">~. c:- J" )
/',:,U? A.' ?'//i1;!)rA.../
~re of Perso Taking A<iJlnowledgment
Jeffrey
Managi
to form
......,.....
f}..ccommend Approval
~ ~ - . - , -:-\
Marcy Krumbinc.'tAPA
Director
Collier County Housing and Human Services
EXHIBIT uA"
LEGAL DESCRIPTION
Lot 3, Liberty Landing. according to the plat thereof,
as recorded in Plat Book 47, Pages 7] through 73,
inclusive, of the Public Records of Collier Count)', Florida.
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
A EMS Impact Fee
B. Correctional Facilities Impact Fee
C. Library lmpact Fce
D. Community Parks Impact Fec
E. Regional Parks Impact Fee
F. Educational Faciliiies System Impact Fcc
G. Road Impact Fee
H. Govcmment Buildings Impact Fee
1. La".,' Enforcement Impact Fcc
TOTAL IMPACT FEES
JAK ....pprovcd
Agenda Item No. 16D5
October 23, 2007
Page 4 of 5
Amount Owed
$100.59
$62.14
$368.18
$750.00
$1,659.00
$2,862.00
$6.059.00
$410.00
$171.61
$12,442.52
'<..t5'" , '" j
Agenda Item No. 1605
October 23, 2007
Page 5 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
1GD5
Item Summary:
F~(~COrnmelldalior) th~ll tile HOcHd of County CommiSSioners approves, and authorizes the
Chairman to sigrl ,I lien agreement with Stleila Destine (Owner) for deferral of 100% of
Collier County impact tees lor an owner-occupied affordable housing unillocated at Lot :5,
Lib81ty Larldillq
1 O/2:3/20U7 SJOU:UU Ar,,1
Meeting Date:
Ilrellllred By
Frank Ramsey
SHIP Program Coordinator
Date
Public Services
Housinq and Human Services
10/11200712:39:10 PM
Approved By
Marcy Krumbine
Director
Date
Puhlic Services
l-Iou5inq & Human Services
10/4/20075:53 PM
Approved By
Marla Ramsey
Puhlic Services Administrator
Date
Public Services
Puhlic Services Arlmin.
10/5/20074:12 PM
AIJproved By
Jeff Klatzkow
Assistant Coul1ty Attorney
Date
County Attorney
COllllly Attorney Office
10/5/20074:39 PM
Approved B:y
Sherry Pryor
Management & Budget Analyst
Date
County Mallager'~ Office
Offir.e of Manaqell1f>1l1 & Budget
10/8/20074:52 PM
Approved By
James V. Mudd
County Manager
Date
Board of Counly
Commissioners
County Manager's Office
10/10/20077:56 PM
Agenda Item No. 16D6
October 23, 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 Zoublette Bien Aime (Owner) for deferral of
100% of Collier Connty impact fees for an owner-occupied affordable housing unit
located at Lot 27, Block 6, Naples Manor Lakes.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Zoublette Bien Aime 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 Zoublette Bien Aime, 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 Naples Manor Lakes subdivision in Naples.
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 Attomey's Office has determined that until
directed otherwise by the Board, these agreements be placed on the Consent Agenda for the
Board's review, approval and Chairman's signature.
FISCAL IMP ACT: This agreement defers $26,204.83 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 guarantee 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 Zoublette Bien Aime located at Lot
27, Block 6, Naples Manor Lakes,
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
-.
Return to
Agenda Item No, 1606
October 23. 2007
Page 2 of 5
f'ranliRam8ey
Collier(:ountyHHS
3301 E. Tamiami Trail
Naples. Flllrid~ 34112
Filc# OS-OI9-IF
Tltis'pllceforreenrding
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 September, 2007, between Collier County. a
political subdivision of the State of Florida (COUNTY) and "Zoubletle Bien Arnie" (OWNER),
collectively stated as the "Parties."
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually ackno\vledged, 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 \vith this Agreement. the terms of the Ordinance
sball apply.
2. The legal description of the dwelling unit is attached as Exhibit "A."
3. The tem of this Agreement is from the daLe 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; h) 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
propert)', and in any such event the deferred impact fecs 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 Exhihii "B." the amount of the deferred impact j~;:es is 'rwcnt.... Six Thousand Two
Hundred Four and 83/1 00 Dollars ($26204.X31. Repayment shall include any accrued
interest. Interest shall be computed at the rate of five percent (Y%) per annum. but in no
event shal1 it exceed twenty-five percent (25~o) of the tolal fee amount.
5. The deferred impact fees shall be a lien on the property dcscrikd 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 Agrceml:nt shall he transferred, assigned, or otherwise
conveyed. Except as provided hy 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 ov-mer, 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 requiremcnts. COUNTY shall record
any necessary documentation evidencing samc.
7. In the event the OVINER is in default under the Ordinance or this Agreement, and the default
is not cured within 30 days after ",vritten notice is provided to the OWNER, the COUNTY
Agenda Item No. 1606
October 23. 2007
Page 3 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 1ha1 the deferred impact fees are
then in default and immediately due and payanle. The COUNTY shall be entitled to recover
aU 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 partics v,'ith respect to the subject matter
herein, and shall be binding upon the OWNER'S successors and assigns in interest.
9. This Agreement shall he recorded in the oflicial records of the County at no cost to the
COUNTY.
IN \VJTNESS 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:
. Deputy Clerk
JAMES COLETTA, CHAIRMAN
OWNER:
Witnesses: --'-,__
/' <ind.~4(._ / I '~~i i {: .-'-c/.:.-
Print Name': ml,' trite;; /1::'. ,'J.~'r/lr, <1->
OWNER:
Witpe~ses: "
" ,
Print Name --I ),.;'
\',-',
i'
STATE OF FLORIDA)
COUNTY OF COLLIER)
,
The foregoing Agreement was ackno\vledged hefore me this ~ day 0[:.:"../" do,"
2007. by " . J'. . \"., ,who .i~_"p'~onally kpown to me or has produced
as proofoTidentity. '-
~-
~At{SBAL\.:";:.
{:~~:^;,,' f~\;'i'~:::::~'~~~
.,~
-f--
/i.._-;;,':.....
c-'i", ,
_'iL.
Signature of Person Taking Acknowledgment
Ap ,ove as to fonn
an .le y:
Rec,?mmend ApprovaL
. !
\/ ,,'~._,.--'>-_L_
Jeftre .A.
Mana "ng
.' Marcy Krumoine, MP A
Director
Collier County Housing and Human Services
ow
,,' ssistant County Attorney
.~
EXHIBIT "A"
Agenda Item No. 16D6
October 23,2007
Page 4 of 5
LEGAL DESCRlI'TION
Lot 27, Block 6, Naples Manor Lakes, according to the Plat thereof as recorded in Plat Book 3,
page 86 and 87, Public Records of Collier County, Florida.
EXHIBIT "B"
1MI' ACT FEE BREAKDOWN
Type oflmpaet Fee
A. EMS Impact Fcc
Amount Owed
$ t 00.59
B. Correctional Facilities Impact Fee
$] ]3.53
C. Library Impact Fce
$460.23
D. Community Parks Impact Fcc
$935,00
E. Regional Parks Impact Fce
F. Educational Facilities System Impact Fee
G. Road Impact Fee
$2JJ68.00
$8.228.00
H. Govenuncnt Buildings Impact Fee
$6.359.00
$725,00
L Law Enfon.,emcnt Impact Fee
$285.48
1. Sewer System Fee
$3.5]5,00
K. Water System Fee
$3.4] 5.00
TOTAL IMPACT FEES
$26,204.83
JAK Approved _/_/_
Page I of I
Agenda Itern No. 1606
October 23. 2007
Page 5 of5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
1GDG
ReCOrnll\elldatlDrl that the Board of County Commissioners approves, and authorizes the
Chairman to SiglL a lien agreement with Zoublette Bien Aime (Owner) for deferral of 100% of
Collier County impact fees 10r an owner-occupied aftordable housing unillocated at Lo127,
Block C I\Jdpl~~s f'llanO! L.akes
Item Summary:
Meeting Date;
10/2:)/2007 HOOQO AM
I'relJared By
Frank Ramsey
SHIP Program Coordinator
Date
Puhlic Services
HOllsin~l and Human Services
10/1/200712:43:23 PM
Approved By
Marcy KrumlJine
Director
Date
Puhlic Services
HOllsin~1 & HlIm~1l Services
10/4/20073:12 PM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
10/4/20074:23 PM
Approved B)!
Marta Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
10/5/20074:16 PM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
COllnty Manager's Officf'!
Office of Mall<lqement & Budqet
10/8/20075:03 PM
Allproved B.y
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
10/13/20071:01 PM
Agenda Item No. 1607
October 23, 2007
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation that the Board of Connty Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Amancio Rubio and Ana Rubio (Owners) for
deferral of 100% of Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 28, Block 6, Naples Manor Lakes.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Amancio Rubio and Ana Rubio 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 Amancio Rubio and Ana Rubio, 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 Naples Manor Lakes subdivision in Naples.
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, these agreements be placed on the Consent Agenda for the
Board's review, approval and Chairman's signature.
FISCAL IMPACT: This agreement defers $26,204.83 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 guarantee 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 Amancio Rubio and Ana Rubio
located at Lot 28, Block 6, Naples Manor Lakes.
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
......<.
Agenda Item NO.1 07
October 23. 2 07
Page 2 f 5
RtlurulO
IinankRllnuey
Collil'rCountyllllS
3Jfll LT.miamll'nlil
N.lllrs,lilurida34112
Filc# 07-122-IF
Thisspafl' for rcrllrding
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORI)ABLE HOllSING I)WELLlNG UNITS
This Agreement is entered into this '.Ie day of August, 2007, between Collier County, a
political suhdivision of tbe Slate of Florida (COUNTY) and "Amaneio Ruhio & Ana Ruhio"
(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 a..q 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 Fec Ordinance"
(Ordinance). In the event of any contlict with this Agreement. the terms of the Ordinance
shalt apply.
2. The legal description of the dwelling Wlit is attached as Exhibit "A."
3. The term of this Agreement is from the date set forth above until the impact fce is repaid.
4. The amount of the impact fees deferred shall he paid to the COUNTY in full upon: a) the
sale of the dwelling unit h) 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 he paid in full to the COUNTY
not later then the closing of the sale. or not later then the clTcetivc date ofthe transfer. As set
forth in Exhihit "B," the amount of the deferred impacl fees is Twenty Six Thousand Two
Hundred Four and 83/1 on Dollars ($26.204.83). Repayment shall include any accrued
interest. Interest shall he computed at the rute of five percent (5%) per annum. hut in no
event shall it exceed twenty-five percent (2)l~,(,) ofthe total fee amount.
5. The deferred impact fees shall k 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 rdease 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
thc deferred impact fees nor this Agreement shall he transferred, a<;signed, or ()thcrwisc
conveyed. Except as provided by law, regardless of any f(Jfec\osure 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 O\VNER is in default under the Ordinance or this Agreement, and the default
is not eured within 30 days after written notice is provided to the OWNER, the COUNTY
Agenda Item No.1 D7
October 23, 2 07
Page 3 f 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, plU'i interest at the then maximum statutory ratc for judgments calculated on
a calendar year basis until paid.
8. This Agreement is the sole agreement between the parties with respect to the subject matter
herein, and shall be binding upon the OWNER'S successors and assigns in interest.
9. This Agreement shall be recorded in the official records of the County at no cost to the
COUNTY.
IN WITNESS WHEREOF. the Parties have executed this Agreement on the date and year first
above written.
Attest
DWIGHT E. BROCK. Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
By:
By:
, Deputy Clerk
JAMES COLETI A, CHAIRMAN
Witnesses:
OWNER:
, -, /..' . ./:~,,/
~(!./' :' ,. c..{://-r,./
Amancio Rubio
,I..'./'L :.d .L'.~_ '\ ;. (~ i >. '
Print Name L, Ii,
"<t
OWNER:
Witnesses:
t\.,;
Ana Rubio
VI' I~
,..~'>?,...'.' '
'.,."..
Print Name
STATE OF FLORlDA)
COUNTY OF COLLIER)
2007.
The foregoing Agreement was acknowledged before me this
by \ ' . who is personally known
as proof of identity_
1.'1
day of i ! 11
to me or ha.~
I ' I.
produced
~~?'~~~7FS:;;.~:~'~(:::--
$.,~lrA1W\:L'StAi] f
t:~~'^'~"-...,..
r;.,
Signature of Person Taking Ackm)wledgment
us to form
ffi'Ciency:
t\
, \
JeffreJ' A\K zkow
Manatin~Assistant County Attorney
Recommend Approval:
\
..
Marcy Krumbi~c. MP A
Director
Collier County Housing and Human Services
"~""__-"_c",",,,,,
EXHIBIT <<A"
Agenda Item No.1 D7
October 23. 2 07
Page 4 f 5
LEGAL DESCRIPTION
Lot 28, Block 6, Naples Manor Lakes, according to the Plat thereof as recorded in Plat Book 3,
page 86 and 87, Public Records or Collier County, Florida.
EXHIBIT uB"
IMPACT FEE BREAKDOWN
Type of Impact Fcc
A. EMS Impact Fcc
Amount Owed
B. Correctional Facilities Impact Fcc
$100.59
$113.53
C. Library Impact Fcc
D. Community Parks Impact Fee
E. Regional Parks Impact Fce
F. Educational Facilities System Impact Fee
$460.23
$935.00
$2.068.00
$8.228.00
G. Road Impact Fcc
$6.359.00
$725.00
H. Government Buildings Impact Fee
1. Law Enforcement Impact Fee
$285.48
TOTAL IMPACT FEES
$3.515.00
$3.4t5.00
$26.204.83
J. Sewer System Fec
K. Water System Fee
JAR Approved __/_/_
I ae,..... J VI I
AgendR Item No. 1607
October 23.2007
Page 5 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
1GD7
Meeting Date:
Hecomlllelldalion tllat the Board of County COITHl1lssioners approves. and authorizes the
Chaifli13rl to Sigll. a Iiell agreement with Amancio Rubio and Ana Rubio (Owners) for deferral
of 10U'::;, oj Collier Coullty Impact fees for an ownel-occupied afiordable housing unit located
ell Lot 28 [\lock G. I~aples II/lanai Lake,;
10/23/2UC!7 ~1.00.00 AI,..]
Item Summary:
hel)ared By
Frank Ramsey
SHIP Program Coordinator
Date
Pubric Services
Housing and Humal1 Services
10/1/20071:04:17 PM
AI)llfOVed By
Marcy Krumbine
Director
Date
Public Services
Housinq & Human Services
10/2/200712:40 PM
Approved B)!
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
10/4/20074;22 PM
Apl)roved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
10/5/20074;17 PM
AI)I)roved By
Sherry Pryor
Management & Budget Analyst
Date
County Man<lgflr's Office
Office of Man<l{]pnwnt & Budget
10/9/20079:31 AM
Approved By
James V. Mudd
County Manager
Date
Board of COllnty
Commissioners
County Manager's Office
10/13/20071:02 PM
Agenda Item No. 1608
October 23, 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 Raul Frias Almanza and Rosa Perez Frias
(Owners) for deferral of 100% of Collier County impact fees for an owner-occnpied
affordable housing unit located at Lot t 54, Independence Phase II.
OB.JECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Raul Frias Almanza and Rosa Perez Frias
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 Raul Frias Almanza and Rosa Perez
Frias, 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 properly is located in the Independence Phase II 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, these agreements be placed on the Consent Agenda for the
Board's review, approval and Chairman's signature.
FISCAL IMPACT: This agreement defers $8,155.40 in impact fees. Although it is expected
that the County will ultimately collect these deferred fees (generally upon the sale of the
residence), there is no guarantee as to if, or when, this would occur.
GROWTH MANAGEMENT IMP ACT: None.
LEGAL CONSIDERATIONS: The proposed Agreement is fully consistent with the intent
and purpose of Section 74-401 of the Code of Laws and Ordinances of Collier County.
STAFF RECOMMENDATION: That the Board approves and authorizes the Chairman to
sign the attached Lien Agreement for Deferral of 100% of Collier County Impact Fees for
Owner Occupied Affordable Housing Dwelling Units for Raul Frias Almanza and Rosa Perez
Frias located at Lot 154, Independence Phase II, Immokalee.
,,-'"
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
Rdumlfl
Agenda Item NO.1 108
October 23, 2t07
Page 2 f 5
frnnl.R.am$c)'
Collier Count)' HH."i
3301 E. TlIrnillrniTrll1l
N"I,le~, Floridll 3-1112
File# 1I8-1I16-IF
Thi~ ~J"..,e fur r~('(Irdi~
LIEN AGREEMENT ~'OR DEFERRAL OF 100% OF COLLIER COVNTY IMPACT
FEES FOR OWNER OCCliPIED AFFORDABLE HOliSING DWELLING UNITS
This A!,rreement is entered into this J,,-~-'%ay of September, 2007, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Raul Frias Almanza and Rosa Perez
Frias" (OWNER), collectively stated as the "Parties."
NO"'. THEREFORE, for good and valuable consideration, the receipt and sufficiency of
wh1ch is mutually acknowledged, the Parties agree as follows:
1. This Lien Agreement is made pursuant to Chapter 74 of thc Code of Laws and Ordinances of
Collier County, Florida, knO\vn as ""l'he 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."
J. The term of this Ab'Teement is from the date set forth above until the impact fee is repa1d.
4 Tht: 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 J} the tirst occurrence of any sale or transfer of any part of the affected n:al
property, and 10 uny such event the deferred impact fees shall he paid in full 10 the COUNTY
not latcr then the closing of the sale _ or not later then the ctfectlVe date of the transfer. As set
forth in ExhibIt "B:' the amount of the deferred impact fees is Eight Thousand One Hundred
Fifty Five and 40:100 DollarsjJJi,..155.40) Repayment shallmc1ude any accrued Interest
Interest. shall he computed at the rate of five percent i5O,-o} per annum, but in no event shall it
tweed twenty-five percent (25<'iO! of the total fee amount
:'i The deferred impact fees shall he a lien on the property described in ExhibIt "A," \\"hich lien
may be foreclosed upon In the event of non-compliance with the Ordinance or with this
Agreement. This Agn~ement shall operate as a lien against the dwelling unit. The lien shall
lermmate upon the recording of a release or satisfaction of hen in the public records of the
County. The deferrals of impact fees and this AbJTeemcnt 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 rnongage or
other secunty interest, this lien shall otherwise he superior and paramount to the interest in
the dvo:clling unit of any owner, lessee, tenant, mortgagee. or other person, except that this
lien shall be on panty \vith 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 \vritten notice is provided to the OWNER, the COU'J'..'l'Y
Agenda Item NO.1 08
October 23, 2 07
Page 3 f 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 detault and immediately due and payable. The COUNTY shall be entitled to recover
all fees and costs, including attorney's fee and costs, Incurred hy 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 a!,'Teement between the parties "vith respect to the subject matter
herein, and shall be binding upon the OWNER '5 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 ,"'ITNESS WHEREOF, the Parties have executed this A,!:.'Teement on the date and year first
above wnUen.
Anest:
DWIGHT E. BROCK, Clerk
By
, Deputy Clerk
Witnesses;
'-'\'"\0_ f-fc __)\.LU)~~4c.'_~
Print Name -.l~JL,,-_L:rX~C~___B.h~
Witnesses: ~:/ !/','
c1\/-1.'u} '<'"I~ CiJ__ {,:~::I:;/Ll.L~~
Print Name Vl;S (\:_1~.,"_~~l-::l~,2_ ~~-:.::,
STATE OF FLORIDA)
COUNTY OF COLLIER)
Approv d as
and leg 5
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
By
JAMES COLETTA. CHAIRMAN
OWNER:
r"!f}'/ I/" ~,.
" ". ,~,. I I--I(
I'\. v___ I . ,
Raul Frias Almanza
, '
//'~/7C1
I -r-c-
OWNER:
<"/// -r-:-,
-:"\t!"~~l tc:.JJcz, - 1....i..i::t5~_~
Rosa Perez Fria:o;
R~commend Approval'
/ 1
, '
I
\1__ '--:i...!. A
..-Marcy Krumbine, 1l\.1P A
Director
Collier County Housing and Human Services
EXHIBIT "A"
Agenda Item NO.1 I 08
October 23, 2~07
Page 4 bf 5
!
\
LEGAL DESCRIPTION
Lot 154, Independence, Phase IJ, according to the plat thereof,
as recorded in Plat Book 43, Pages 64 through 66,
inclusive., of the Public Records of Collier Count)', Florida.
EXIIlBlT "B"
IMI'ACT FEE BREAKDOWN
Type oflmpact Fee
A. EMS Impacl Fee
Amount Owed
$93.00
B. Correctional Facilities Impact Fee
$109.17
C. Library Impact Fee
D Community Parks Impact Fee
E. RegJOnal Parks Impact Fee
F Educational Facilities System Impact Fee
G Road Impact Fec
$192.37
$632.43
TOTAL IMPACT FEES
$63140
$1,778.00
$4.489.00
$150.24
$79.79
$8.155.40
H. Government Buildings Impact Fee
Law Enforcement Impact Fee
li\KJ\ppTol'cJ__
J ao...... . VI I
Agenda Item No. 1608
October 23. 2007
Page 5 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
1GDI)
F\ecomrncndatioll that Uw Board of County Commissioners approves and authorizes the
CI1;JinnClII hl siprl. <1 lien agreE'ment with I~dul Frias Almanza and Rosa Perez Frias (Owners)
lor delerToi of 100r;,;, of Collier County illlpacllees for an owner-occupied affordable houslllg
IJrllllocatcd at Lot 1 fj4 Illdependence Phase II
Meeting Date:
I 0/2:1/20D7 ~J(JU:OU Mill
hepared B}'
Frank Ramsey
SHIP Program Coordin<llor
Date
Public Services
Housin9 <,ml Human Services
10/1/20071 :06:18 PM
AlllJrOvcd B,y
Marcy Krut1luine
Director
Date
Public Services
Housinq & Human Services
10/2/200712:39 PM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
1014120074:22 PM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
PutJlic Services Admin.
1015/20074:18 PM
Approved Bl
OMB Coordinator
Applications Analyst
Date
Administrative Service!';
Information Tecl1nology
10/912007 1 :01 PM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Milntlqement & Budget
10/10/2007 11 :01 AM
Approved Bl
James V. Mudd
COLlnty Manager
Date
Board of County
Commissioners
County Manager's OffiCe!
10/13/20071 :04 PM
Agenda Item No. 1609
October 23, 2007
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves, and authorizes the
Chairmau to sign, a lien agreement with Ertha Fabien (Owner) for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing unit located at Lot
9, Liberty Landing.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Ertha Fabien 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 Ertha Fabien, 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 Liberty Landing subdivision in I mmokalee.
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 I (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 detennined that until
directed otherwise by the Board, these agrcements be placed on the Consent Agenda for the
Board's review, approval and Chairman's signature.
FISCAL IMP ACT: This agreement defers $12,442.52 in impact fees. Although it is expected
that the County will ultimately collect these deferred fees (generally upon the sale of the
residence), there is no guarantee as to it; 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 Ertha Fabien located at Lot 9, Liberty
Landing, Immokalee.
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
-
RetumtQ
Agenda Item I~o. 1609
October 23,2007
Page 2 of 5
Frank Ra.lDsey
Climer Counh' HHS
3301 E. T.m~1 TraR
Napkls,Fioridll341lZ
File# 08-028-1F
ThillipacefurJ'eC(Jrding
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this ~~ay of September, 2007, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Ertha Fabien" (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!:,Tfeement, the terms of the Ordinance
shall apply.
2. The legal description of the dwelling unit is attached as Exhibit 'TA"
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 atfected real
property, and in any such event the deferred impact fees shall be paid in full to the COUNTY
not later then the closing of the sale, or not later then the effective date of the transfer. As set
forth in Exhibit "B," the amount of the deferred impact fees is Twelve Thousand Four
Hundred Fort\' Two and 521100 Dollars ($12,442.52). 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 10 the interest in
the dwelling unit of any ovtiTIer, 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 doc~mentation 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 COlJNTY
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 assigns in interest.
9. This Agreement shall be recorded in the official records of the County at no cost to the
Agenda Item No. 1609
October 23, 2007
Page 3 of 5
COUNTY
IN WIT~""ESS 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:
, Deputy Clerk
JAMES COLETTA, CHAIRMAN
OWNER:
Witnesses:
'-flladliL ,~
Print Name {n n -+-n.a.. 110. (WJ.rl
/: ~:(0
Ertha Fabien
, ;;'
I"
,-C'O ,"',"
" --~-:::=---
OWNER:
Witnesses n"
-YV''\Ov\ ~ tr"o~
Print Name lLl<<,:lG,"-. 1"65<<:&'",-.
STATE OF FLORIDA)
COUNTY OF COLLIER)
2007,
The foregomg Agreement was acknowledged before me thiS dZ day of 4.z--r
by f" ~ -;Za/~ who 15 personallJ'....k!loWll to me or has produced
as proof of identity.
/",
//
/'1
[NOTARIAL SEAL]
,/", ./
ent
r:r:: ,
/ arcy Krumbine, MP A
Director
Collier County Housing and Human Services
EXHmIT"A"
LEGAL DESCRIPTION
Lot 9, Liberty Landing, according to the plat thereof,
as recorded in Plat Book 47, Pages 71 throngh 73,
inclusive, of the Public Records oreollier County, Florida.
EXHffiIT ."B"
~PACTFEEBREAKDOWN
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
1. Law Enforcement Impact Fee
TOTAL IMPACT FEES
JAK Approved ~I_!_
Agenda Item No. 16D9
October 23, 2007
Page 4 of 5
Amount Owed
$100.59
$62.14
$368. I 8
$750.00
$1,659.00
$2,862.00
$6,059.00
$410.00
$171.61
$12,442,52
Page I of 1
Agenda Item No 1609
October 23. 2007
Page 5 or 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
1G09
Item Summary:
Recommenda[lorllhat ti"," l~oard of COLlnty Commissioners approves. and auttlOrizes the
Chairlll"HI ;0 Silll' 111en agreement with Ertha Fabien (Owner) for deferral of 100% of Collier
COLlIlI',' I' ,levi lees for an owner-occupied affordable housing unillocated at Lot 9, Liberty
Landlll;j
Meeting Date:
1U/23/200, 9U'
Prepared B)"
Frank Ramsey
SHIP Prowal11 Coordinator
Date
Public SNvices
Housil1~1 ane! Human Servic.es
10/4/20079:26:19 AM
Approved By
Marcy Krumbine
Director
Date
Public ServIres
Housinq & Human Services
10/4/20073:11 PM
Alll)roved By
Jeff Klatzkow
Assisl<lllt County Attorney
Date
County Attorney
County Attoflley OUice
10/4/20074:21 PM
AlllJrllved B.y
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
10/5/20074:35 PM
AIJllrovell B:y
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Officp. of Manaqernent & Budget
1018/20075:10 PM
AIJproved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
10/10120076:21 PM
Agenda Item No. 16010
October 23, 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 Elias Bustamante Vera and Maria Bustamante
(Owners) for deferral of 100% of Collier County impact fees for an owner-occupied
affordable housing unit located at Lot 1, Liberty Landing.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Elias Bustamante Vera and Maria
Bustamante 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 defennent was submitted by Elias Bustamante Vera and Maria
Bustamante, which application, after staff review, was detennined 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 Liberty Landing 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 detennined that until
directed otherwise by the Board, these agreements be placed on the Consent Agenda for the
Board's review, approval and Chairman's signature.
FISCAL IMPACT: This agreement defers $12,442.52 in impact fees. Although it is expected
that the County will ultimately collect these deferred fees (generally upon the sale of the
residence), there is no guarantee 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 Elias Bustamante Vera and Maria
Bustamante located at Lot I. Liberty Landing, Immokalee.
......'.
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
I~ctllrn to
Agenda Item No. 16010
October 23,2007
Page 2 of 5
Frankl~amscy
Co1licr(:ountyllllS
3301 LTamiamiTrnil
Nafllc~, F1urida 34112
File# 07-124-IF
This space fur recording
LIEN AGREEMENT FOR DEFERRAL OF 100";', OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOllSING DWELLING UNITS
This Agreement is entered into this ~ day of September, 2007, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Elias Bustamante Vera and Maria
Bustamante" (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 thc event of any conflict with this Agreement, the terms of the Ordinance
shall apply.
2. The legal description of the dwelling unjt is attached as Exhibit "A."
3. The term of this Agreement is from the date set forth above until the impact fee is repaid.
4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the
sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead
exemption; or d) the first occurrence of any sale or transfer of any part of the affected real
property, and in any such event the deferred impact fees shall be paid in full to the COUNTY
not later then the closing of the sale, or not later then the effective date of the transfer. As set
forth in Exhibit "B," the amount of the deferred impact fees is Twelve Thousand Four
Hundred Fortv Two and 52/100 Dollars ($12.442.5')). 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 'I.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?urnentation 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,
Agenda Item No. 16010
October 23. 2007
Page 3 of 5
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 OV.,rNER '5 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:
, Deputy Clerk
JAMES COLETTA, CHAfRMAN
Witnesses: " I
c{YIOJJ:t" W./JCA.c..k
Print Name (y\c,r~ -I'rIJo'(MO
OWNER:
/' .'
?.<c:;" 4Z --?____4. ~J2_2:?___
Elias Bustamante Vera
WPf"t esses: ./""
,~ I ).---~-"
;. l~~ ,,) /t_.:::L--u--'__..__C.....
Print Name dLr I1U (\ r= FJi.(p+-lJcG
OWNER:
Marla !J v~rfan/iClML,;
Maria Bustamante '
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing Agreement was ac
2007, by,-<<x : ~ C;::/ >-""
-?-
wledged hefore me this ~ day of ,)ep"'C
is personally knmvn 1Q._l)1~ or has produced
as pr.Qof of identity.
/
~/ .,.-// /-
<> /.- /,,~-;' /'
'--)j;U:J:;/!Y/;,<<~"\o------.
Sign"Mure of Persnn....T...aking Ackrf({wledgment
/
Recommend Approval:
l.c~~~ _j _l, ~.
Marty Krumbine, iMP A
Director
Collier County Housing and Human Services
EXHffiIT "A"
LEGAL DESCRIPTION
Lot 1, Liberty Landing, according to the plat tbereof,
as recorded in Plat Book 47, Pages 71 through 73,
inclusive, of the Public Records oreallier County, Florida.
EXIDBIT "B"
IMPACT FEE BREAKDOWN
Type oflmpact Fee
A EMS Impact Fee
B. Correctional Facilities Impact Fee
C Library Imp:u:tFee
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
1. Law Enforcement Impact Fee
TOTAL IMPACT FEES
JAK. Approved _1_1 ~
Agenda Item No. 16010
October 23, 2007
Page 4 of 5
Amount Owed
$100.59
$62.]4
$368.18
$750.00
$1,659.00
$2,862.00
$6,059.00
$410.00
$171.61
$12,442.52
Page I of I
Agenda Item bio. 16010
October 23, 2007
Page 5 of 5
COLLIER COUNTY
BOAHD OF COUNTY COMMISSIONERS
Item Number:
lGD10
Item Summary:
Recommendation that the Board of County Commissioners approves. and authorizes the
Chairmrllllo 5igll, a lien agreement with Elias Bustamante Vera and Maria Bustamante
(Owners) It)!" deferral of -100'% of Collier County impact fees for an owner-occupied affordable
housing unit located ::1t Lot 1, Liberty Landing
10/23/2007 fJOO:OU AM
Meeting Date:
Prepared By
Frank Ramsey
SHIP Program Coordinator
Date
Public Services
Housinq 3ml Human Services
10/4120079:28:36 AM
Approved By
Marcy Krurnbine
Director
Date
Puhlic Services
Housin9 & Human Services
1014/20073:04 PM
AIJproved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
10/4/20074:20 PM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
10/5/20074:37 PM
Approved Dy
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of M(lll<1qelllent & Budget
10/9/20079:53 AM
Approved By
James v. Mudd
County Manager
Dale
Board of County
Commissioners
County Mallilger's Office
10/10/20076:23 PM
Agenda Item No. 16011
October 23,2007
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation that the Board of Connty Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Evelyne Belance (Owner) for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing unit located at Lot
120, Trail Ridge, Naples.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Evelyne Belance 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 Evelyne Belance, which application,
after staffreview, 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 Trail Ridge subdivision in Naples.
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, these agreemcnts 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 the County will ultimately collect these deferred fees (generally upon the sale of the
residence), there is no guarantee as to if, or when, this would occur.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: The proposed Agrcement is fully consistent with the intent
and purpose of Section 74-401 ofthe 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 Evelyne Belance located at Lot 120,
Trail Ridge, Naples.
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
_.
,
Agenda Item No. 16011
October 23, 2007
Page 2 of 5
Hel\lrn!!)
I'nlllk Ibllls!")'
CullicrCollot}lIIlS
J3tllt:.TslllillmiTrult
"f9plcs.J.l"rilIIlJ4112
Filc# OS-lI2l1-IF
This~Jl.tefor~cordinf,:
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCliPIED AFFORDABLE HOliSING DWELLING liNITS
This Agreement is entered into this 'J ") day of September, 2007, between Collier County, a
political subdivision of the Stale of Florida (COUNTY) and "Evclyne Belaocc" (OWNER),
collectively stated as the "Parties,"
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties ab'1'CC as follows:
1. 'fhis Lien Agreement is made pursuant to Chapter 74 ofthc Code of Laws and Ordinances of
Collier County, Florida kno\-VtJ 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 datc 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 orihe dv.'clling unit; b) the relinancing 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 atTected 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 cfTcclivc date of the transfer. As set
forth in Exhihit "B," the amount oj' the deferred impact fees is Nineteen Thousand Three
llundrcd Sevent\' Two and 52LJJlIJ Dollars ($19.372.5~). Repayment shall include any
accrued interest. Interest shall he computed at the rate of five percent (Y%) per annum. but in
no event shall it exceed twenty-live percent (25%t) of the total fee amount.
5. The dcrcrrcd impact fees shall he a lien on the property described in Exhihit "A," which lien
may he foreclosed upon in the evcnt of non-compliance with the Ordinance or with this
Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall
tcnninate upon the recording of a release or satisfaction of lien in the public records or the
County. The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact lees nor this Agreement shall be transferred. assigned, or othcn.vise
conveyed. Except as provided hy 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 nf any owner. lessee, tenanL 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
,my 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,
or bring a civil action to enforce tills AbYTCemcnt, or declare that the deferred impact fees are
Agenda Item No. 16
October 23. 2
Page 3
11
07
f5
then in default and immediately due and payable. The COUNTY shall be entitlcd to recover
all fees and costs. including attomcy's fec and costs, incurred by the COUNTY in enforcing
this Agreement, plus interest at the then maximum statulory rate [or judgments calculated on
a calendar year basis until paid.
8. This Agreemcnt is the sole agreement between the panies 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 ofticial records of the County at no cost to the
COUNTY.
IN WITNESS \VHEREOF, 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:
, Deputy Clerk
JAMES COLETTA, CHAIRMAN
OWNER:
Witnesses:
; ~' -1 /
Print Name'
c,;
Evcl~~e' Uel;nce
/ j
..:._~, l/~.
"
.!~. .-
OWNER:
WilJ1esscs:
Print Name
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing Agreement was acknowledged before me this .". day o[ _ _ ~
2007, by I who is personally known-to me or has produced
as proof of identity.
>-..IVVV""J"''''v\''''V'V,~.,..,,....;v.
1~TAihXL SEArl;.' :,
~ ',~;i,>" ,':'::,". ::';!'~':i..,'.. ~
~"""'VV\I"","...-.rJ''.fVVVl./'\^,"^",...~
I,:'
Signatur~ of Person T~king Ack'r;owledgme-~t
--
incy:
Recommend Aprroval:
I'
Jeffrey:.A. Kla~ow
Manaffng ASSitt County Attorney
Marcy Krumbine, MP A
Director
Collier County Housing and Uuman Services
EXIIIIlIT"A"
LEGAL [)[cSCRII'T10N
Lot 120, Trail Ridge, according to the plat thereof,
as recorded in Plat Hook 44, Pages 71 through 77.
inclusive, of the Public Records of Collier Coun!)', Florida.
EXHIBIT "R"
IMPACT FEE BREAKIlOWN
Type ofImpact Fcc
A. EMS Impact Fec
B. Correctional Facilities Impact Fee
C. Library Impact Fce
D. Community Parks Impact Fec
E. Regional Parks Impact Fec
F. Educational Facilities System Impact Fec
G. Road Impact Fcc
H. Government Buildings Impact Fcc
l. Law Enforcement Impact Fee
J. Water Impact Fcc
K. Sewer Impact Fcc
TOTAL IMPACT FEES
JAK '\pprn~cd __J .)
Agenda Item No. 16011
October 23.2007
Page 4 of 5
Amount Owed
$100.59
$62.14
$368. I 8
$750.00
$1,659.00
$2,862.00
$6,059.00
$4 I 0.00
$171,61
$3,415.00
$3.515.00
$19,372.52
. ~b- . _. 0
Agenda Item l>.Jn. -16011
Octobel 23, 2007
Page 5 of 5
COLLIER COUNTY
BOARD OF COUNTY COMrJlISSIONERS
Item Number:
16Ull
Meeting Date:
r':eCOllllllendatioll til;l! lile Hoard of CUlIIlty Commissioners 8prroves and aulllOrizes Ole
Cil;lllIllClII to siari il liPII aqlPelllel11 with Evelyne Belance (Ownen for deferral of 100",j, of
CoIIIP! COUlllv InlpmJ lee~; iOI illl owncl-occupied affordable housing unillocaled a\ Lol120,
[ld;1 Hidu\ I'Jilplp'
t()/2]i211(jr q (;1)(1\1 1\1')
Item Summary:
I)repared By
Fr<JukRa111sey
SHIP Proqlillll Coordinator
Date
Public S(~rvices
Housinq ilnd HUlllilll S"lvir.ps
10/1/200712:31:20 PM
Apllroved Il:y
Marcy Krumbine
Directol
Date
Public Servir.es
Hn(J<;inq t~ HUHl'l11 S"lvir.ps
10/31200710:25 AM
AJlprond B)'
Jeff 1\latzkow
Assistant c.ounty Attomev
Date
County Attorney
County Atlonwy (illice
10/4120074:24 PM
AI)I)lOOved B)'
Marla Rnrnsey
Public Services AlJrninisfrntor
Oate
Public Services
Public Servicps Admin.
10/5/20073:37 PM
AIJI)ruved B)-'
Sherry Pryor
Management & 8lJtl~lct Analyst
Date
County Mani1Cji'r's OfliC(~
Office 01 Milll;WP'llf'nl8.. Eluclqf't
10/8/20074:36 PM
^1)Pro\'cd Hy
JarfWS V Mudd
County Malli1CjI'1
Date
Board of County
County MiHll1f[el'S Office
10/10/20077:17 PM
COlTlmissioners
Agenda Item No. 16012
October 23, 2007
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to approve the submittal of an Aquatic Habitat Restoration Project
Proposal for water quality, sea grass monitoring and implement an educational program
for Clam Bay in the amount of $55,000 to the Southeast Aquatic Resources Partnership.
OBJECTIVE: To receive approval to submit an Aquatic Habitat Restoration Project Proposal to
the Southeast Aquatic Resources Partnership for water quality and seagrass monitoring and
implement an educational program for the Clam Bay watershed in the amount of $55,000
CONSIDERATIONS: A seagrass and water quality assessment was completed in September
2007, on the Clam Pass watershed located in Collier County, FL. This five-month study found
that due to increased human influence, water quality has declined in the Clam Bay watershed.
Prior to human invo Ivement the freshwater inflow for Clam Bay watershed was filtered through
native habitat and naturally diverted to othcr water systems. Over time this habitat has changed
to a more urban environment that has altered the amount of freshwater inflow to Clam Bay.
The increase in freshwater has brought with it an increase in nitrogen, phosphorous and
suspended solids (108%, 416%, 525% respectively).
The Clam Pass Restoration Project plans to implement a water quality monitoring program
composed of two water quality stations. A second monitoring program will track the abundance
and species diversity of seagrasses and macroalgae. Another facet of the restoration project will
be to develop a public education program to increase public awareness of how individuals can
minimize their impact on the Clam Pass watershed.
..--
FISCAL IMP ACT: The grant programs referenced in this Executive Summary are reimbursable
in nature and upon notification of award by the applicable grant agency, all final grant
documents as well as required budget amendments will bc submitted to the Board of County
Commissioners for consideration.
GROWTH MANAGEMENT IMPACT: The grant money will support the Conservation and
Coastal Management Element of the County Gro\\th Management Plan.
LEGAL CONSIDERATIONS: Following award of the grant, it is anticipated that the
Southeast Aquatic Resources Partnership will fi.lfward a grant agreement for consideration by the
Board of County Commissioners.
RECOMMENDATION: That the Board of County Commissioners approve the submittal of an
Aquatic Habitat Restoration Project Proposal to the Southeast Aquatic Resources Partnership for
water quality, seagrass monitoring and implement an educational program for Clam Bay in the
amount of $55,000.
PREPARED BY: Pamela Keyes, Environmental Specialist, Coastal Zone Management
-
Agenda Item No. 16012
October 23, 2007
Page 2 of 5
SOUTHEAST AQUATIC RESOURCES PARTNERSHIP
FY 08 AQUATIC HABITAT RESTORATION PROJECT PROPOSAL
Title of Proiect:
Clam Pass Restoration Project
Proiect Description: (Four tofive sentence description o/the restoration need and how
it will be accomplished)
A September 2007 seagrass and water quality assessment found that due to increased
human influence, water quality has declined in the Clam Bay watershed in Collier
County, Florida,
Prior to human involvement, the freshwater inflow for Clam Bay watershed was filtered
through native habitat and naturally diverted to other water systems, however, over time
this habitat has changed to a more urban environment that has altered the amount of
freshwater inflow, resulting in an increase in nitrogen, phosphorous and suspended so lids
(l 08%,416%, 525% respectively),
The Clam Pass Restoration Project plans to implement a water quality monitoring
program composed of two water quality stations. A second monitoring program will
track the abundance and species diversity of seagrasses and macroalgae. Another facet
of the restoration project will be to develop a public education program to increase public
awareness of how individuals can minimize their impact on the Clam Pass watershed.
Habitat Conservation Goal: (List habitat conservation goals that will be addressed,
particularly those identified in State Wildli/e Action Plans or other approved
management plans, that will be addressed)
Water Quality Stations:
Goal I: Track and monitor water quality changes through data loggers.
Agenda Item No. 16012
October 23. 2007
Page 3 of 5
Monitoring Program:
Goal I: Track and monitor seagrass habitat twice a year for abundance and species
diversity of seagrasses and macroalgae.
Education Program:
Goal 1 : Improved water quality through public education on BMP (Best Management
Practices) to the entire Clam Bay watershed community. Educational topics will consist
of;
I. Directing rain gutters to discharge to grassed area, not pavement
2. Proper maintenance of grassed swales as storm water conveyance
systems
3. Education of proper disposal of lawn clippings and proper
fertilizations of landscaping
4. Educations on xeriscaping or "Florida Friendly Landscapes"
Fundin!! Required: (Total amount to complete project)
The total amount offunding to complete the Clam Pass Restoration Project is $55,000.
Ofthis, $48,000 ofthe funding will be used to purchase four YSI 6600V2 data loggers
and the required support equipment for the two monitoring stations (see attached budget
sheet). The remaining $7,000 will be used to develop a four-part series on Best
Management Practices for a public education program.
Partners Involved and Their Contribution: (List all partners and their contrihutions to
the effort in thelorm olcash or equivalent in-kind services)
Estuaries Conservation Association - Will work with Collier County to develop and
implement a public education program to improve Clam Bay water quality.
City of Naples Environmental Resources Department - Will assist in the collection of
data with the monitoring of both water quality and seagrasses.
Location: (Water course involved and nearest town to project area)
Clam Pass watershed is located just north of the City of Naples, in Collier County,
Florida, which is in southwest Florida. The watershed drains approximately 5,824 acres
of highly urbanized area.
Agenda Item No. 16012
October 23, 2007
Page 4 of 5
Habitat Restored: (Miles or acres ojhabitat to be restored)
Clam Pass Bay, which Collier County plans to restore, contains 645 acres, Clam Pass
leads directly to the GulfofMexico.
Aquatic Soecies: (List the aquatic ,Ipecies that will benefit fi'om the project. Be sure to
include any listed or inter jurisdictional species.)
Snook (Centropomus undeeimalis)
Goliath Grouper (Epinephelus itajara)
Redfish (Sciaenops ocellatw)
Sheep shead (Arehosargus probatoeephalu,l)
Blue Crabs (Menlppe mereenaria)
Tarpon (Megalops atlantleu,l)
Seagrass (Halophila decipiens)
Page 1 of I
Agenda Item No. 16012
October 23, 2007
Page 5 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
1GfJ12
Item Summary:
RccornrnClldatiun to approve the submittal of an I\quallc Habitat Restoration Project
Proposal (11<1111 application lor water quality. seaglass monitoring and implement an
CdUCRUOIl,,1 rHUl1larn (rx CIC1111 tlay 1IIIhe amount of $55.000 to the Southeast Aquatic
Resource;,', f'ilrtller-:;hip
Meeting Date:
1 UJ2J/20U7 lJ:[)O:OU Arvl
Apllroved By
Gary McAlpin
Costal Project Mallaner
Date
Puhlic Services
CDastal ZOIl" Mana!V'fTIl"llf
10/5/20072:33 PM
Approved Ill'
I<atlly Carpenter
Executive Secretary
Date
Puhlic Services
Puhlic Serviceg Admin
10/5120073:05 PM
Apllroved 11)'
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Arlrnill
10/5/20073:53 PM
Approved B.y
Debra EUfOm
Assistant Grant Coordillator
Date
Administrative Services
Administrative Servicps
10/8/20078:47 AM
AI1llroved By
OMB Coordinator
Applications Analyst
Date
Administrative Services
Information Tectmoloqy
10/9/2007 1:20 PM
AlllJroved B.y
Mark Isackson
Budyet Analyst
Date
County Manaqer's Office
Office of Mallilgemenl & Bu{1get
10/16/20072:29 PM
Apprond B)'
James V. Mudd
County Manayer
Date
Board of County
Commissioners
County Manager's Office
10/16/20078:03 PM
Aaenda Item No. 16013
- October 23, 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 Jean Claude Exceus and Antida Exceus (Owners)
for deferral of 100% of Collier County impact fees for an owner-occupied affordable
housing unit located at Lot 6, Liberty Landing, Immokalee.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Jean Claude Exceus and Antida Exceus 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 Jean Claude Exceus and Antida
Exceus, 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 Liberty Landing 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 thc Board, these agreemcnts be placed on the Consent Agenda for the
Board's review, approval and Chairman's signature.
FISCAL IMPACT: This agreement defcrs $12,442.52 in impact fees. Although it is expected
that the County will ultimately collect these deferred fees (generally upon the sale of the
residence), there is no guarantee 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 ofthe 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 Aff()rdable Housing Dwelling Units for Jean Claude Exceus and Antida
Exceus located at Lot 6, Liberty Landing, Immokalee.
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
,-'
Agenda Item No. 16013
October 23,2007
Page 2 of 5
Returnt"
Frnnk Ranucy
Collier Olun~' HHS
33UI E. TllmilUui Tral!
"'Il1ple~, Florida 34tH
File# 111l-1I22-IF
This~JIlU'Cfurr'\'eordi~
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMI'ACT
FEES FOR OWNER OCCUPIED AHORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this ~~ ~daY of September, 2007, between Collier County, a
political subdivision of the State of Florida (COUt'.TTY) and "Jean Claude Exceus and Antida
Exceus" (OWNER), collectively statcd as the "Partics."
NO"", THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties agree as follows:
1. This Licn 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 Fec Ordinance"
(Ordinance). 10 the event of any conflict with this Agreement, the terms of the Ordinance
shall apply
2. The legal description orthe 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 unic b) the refinancing of the dwellmg unit; c) a loss oCthe homestead
exemption: or d) the first occurrence of any sale or transfer of <my 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 snle, or nt1t later then the effective date of the transfer. As set
forth in Exhibit "B," the amount of the deferred impact fees is Twelve Thousand Four
Hundred ForI\' Two and 52.100 Dullars ($12.442.52), Repayment shall Include any accrued
mtcn:st. Interest shal1 he computed at the rate of five percent (5(~'(J) rer annum, but in no
event shall it exceed tv.'cnty-fivc percent (25%) ufthe total fce amOWlt.
5. The deferred impact fees shall be a l1en on the property described in Exhibit "A," which lien
may be foreclosed upon in the evcnt of non-comphance with the Ordinancc 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 f(.:es and this Agreement shall rWl with the land, and neither
the deferred impact fees nor this Agreement shall he 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 dv,'clling unit of any O\vner, lessee, tenant, mortgagee, or other person. except that this
lit:n 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 atler written notice is provided to the OWNER, the COUNTY
may, at its sole option. collect the Impact fee amount In default as set fonh in the Ordinance,
or bring a civil action to ~nforcc this Agreement, or declare that the deferred impact fees are
Agenda Item No. 16013
October 23. 2007
Page 3 of 5
then in default and immed1ately due and payable. The COUNTY shall be entitled to recover
all fees and costs, including attorney's fee and costs_ mcurred oy 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 Ahrreement is the sole agreement between the panies with respect to the subJect matter
herein, and shall be bindmg upon the OWNER'S successors and assigns in interest.
9 This Ahrreemcnt shall be recorded in the officml records of the County at no cost to the
COUNTY
IN \V1TI'lESS ""HEREOF. the Parties have executed this Agreement on the date and year first
above v/rinen
Attest:
DWIGHT E BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
By
By
JAMES COLETTA, CHAIRMAN
. Deputy Clerk
Witnesses:
--{Y\(:..-o 11.. (,. C~i~_(~~'c'
Print NameJjJg.r_~~ fLL!.~:.j ~-;;D:;~=_
OWNER
;0,.,. 'f ",I, L-''''O ,.__
~ _<:-J../\ft". ~<d,Li<~~_L::i~_l({L~
Jean Claude Exceus
OWNER
Print
_.::,':!l_=::J.i6
Antida Exceu:.
STATE OF F LORLDA)
COUNTY OF COLLIER I
2007,
I he ~oregomg ^h'Tcemcnt \\a<.; acknmdedged before me thiS -L"""");...t"da\ of _~~'22:?Z~~..--
h\ Jr-....:~~~.J{..;j~ -1.~ -':J-.rdjl~, \\ho 1<'; personalh kn(mn to me or 11;1';' produced
____________u___..__ _._____ as pn10f of identity'
[NOTARIAL SEAL]
,
., - L),., ; /
- I I /....)i y ',j /f fi __ /
~~~~Z-_~~:: ,..1/'"4.....':. ,/ <L--
Sl~ture of Peoon Taking.:Acknowledh'1l1ent
Recommend .i\;pproval
"'~ 1'0...-.' Asso<. Co
-----.--- !., --H0~--
Jeffrev ~. - tqlb.t~()W
Mana~ln Al,*isfunt Count\' Atlome\
- 'I . .
~
Marcy ~rumb(nc, MP A
Director
Collier County Housmg and Human Sef\'lces
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 6. Liberty Landing. according to the plat thereof.
as recorded in Plat Book 47, Pages 71 through 73,
inclusive, ofthc Public Records oreallier County, Florida.
EXHIBIT '''8~
IMI'ACT FEE BREAKDOWN
Type oflmpact 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
1. Law Enforcement Impact Fec
TOTAL IMPACT FEES
.1:\KA)'I""",,,iI_._'_
Agenda Item No. 16013
October 23, 2007
Page 4 of 5
Amount Owed
$100.59
$62.14
$368 18
$750.00
$1,659.00
$2,862.00
$6,059.00
$410.00
$17161
$12,442.52
.ag!;; I VI I
Agenda Itern No. 16013
October 23, 2U07
Page tl of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
'I GlJ 1:)
1:~ecornl1lel1dalioll 11181 Hlt~ Board of County Lotlllllissioners approves, and authorizes tile
Ch3irlll3n to Sigll, Fllien agreement with Jeall Claude Exceus and Antida Exceus (Owners)
for deferr;:d oIIOO'}:, 01 Collier County Impact fees for an owner,occupied affordable housing
unlllocaled at Lot ri Liherty Landing Immokalee
Meeting Date:
1(]/2:'./2()07 Y:(Jl)'[](1 A~l
I)repared By
Frank Ramsey
SHIP Program Coordinator
Date
Puhlic Servjce~
HOllSinq ,1nd Humilll SNvices
10/1/200712:41:19 PM
AIJIlroved B):
Marcy Krumbine
Director
Date
Public Service~
HOllsinq & Human Services
10/4/20075:52 PM
Apllroved B)'
Marla Ramsey
Public Services Administrat.or
Date
Puhlic Services
Public Services Admin.
10/5/20074:13 PM
AIJllrO\o'cd By
Jeff Klatzkow
Assistant County Attorney
Date
County Atlorney
County Attorney Office
10/5/20074;38 PM
AI1llrovcd H)'
Sherry Pryor
Management & Budget Analyst
Date
County ManaqN's Office
Office of Milnaqenwnt & Budgel
10/8/20074:56 PM
AIJIlrOved By
James V. Mudd
County Manager
Dale
Board of County
Commissioners
County MalH:lflN'S Office
10/11/200711:55 AM
Agenda Item No. 16014
October 23. 2007
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation to authorize the Chairman to sign the agreement between Collier County
Board of County Commissioners and the Area Agency on Aging of Southwest Florida, Inc.
and approve a budget amendment to reflect the transfer of funds from Title III-Cl to Title
III-B in the amount of $35,000 in the 2007 Older Americans Act grant program.
OBJECTIVE: The execution of this agreement and budget amendment is necessary to recognize
a transfer of grant funding across funding titles in the Services for Seniors program.
CONSIDERATIONS: Collier County Services for Seniors program provides in-home support
services to Collier County's frail elderly through the Older Americans Act program. Due to an
anticipated shortfall of funds in the Title 1I1-B program, staff requested that $35,000 be
transferred from Title C-] Congregate Meal program to the Title IlI-B Homemaker program.
This request was approved by our grantor agency; the Area Agency on Aging of Southwest
Florida, Inc. The Senior Nutrition program will continue its operations of providing meals and
nutrition services with the remaining funds. This transfer of funds will not affect current nutrition
service levels. The contract period is from January 1,2007 through December 31, 2007.
GROWTH MANAGEMENT: There is no growth management impact from this
recommendation.
FISCAL IMPACT: The Nutrition Program meal funding is not allocated directly to the County.
therefore, this will result in an increase of $35,000 in the FY 08 budget in the Older Americans
Act cost center (155972). No additional matching funds are required.
RECOMMEND A TIONS: Staff recommends that the Board of County Commissioners
authorize the Chairman to sign the agreement and approve the necessary budget amendment. The
contract has been reviewed and approved by the County Attorney's Office.
Prepared by: Terri Daniels, Accounting Supervisor. Housing and Human Services Department
,_.
Amendment #002
Agenda Item No. 16014
October 23, 2007
Contract No. OAA 203.07 Page 2 of 7
STANDARD CONTRACT
AREA AGENCY ON AGING
Collier County Services for Seniors
THIS CONTRACT is entered into between the Area Agency on Aging for Southwest Florida,
Inc., hereinafter referred to as the "agency", and the Collier Countv Services for Seniors,
hereinafter referred to as the "recipient." This contract is subject to all provisions contained in
the MASTER CONTRACT executed between the agency and the recipient, Contract No.
HM I 07, and its successors, incorporated herein by reference.
1. The purpose of this amendment is to revise the Budget and to increase the contract
amount by $ 35,000.00 in Title HI B.
Program Title Year Funding Source CFDAI Fund Amount
CSFA #
Title lIIB Support Services U.S. Dep!. Of Health and
Lead Agency Operations 2007 Human Services 93.044 $50,673.00
Spending Authority $276,321.00
Title III C I Congregate Meals 2007 U.S. Dept. Of Health and 93.045 $39,997.00
Lead Agency Operations Human Services
Title III C2 Home Delivered U.S. Dept. Of Health and
Meals 2007 93.045 $35,111.00
Lead Agency Operations Human Services
Title III E Services $51,479.00
Supplement Services 2007 U.S. Dept. Of Health and 93.043 13,799.00
Grandparent Services Human Services 1,498.00
Lead Agency Operations 12,937.00
TOTAL FUNDS CONTAINED IN THIS $481,015.00
CONTRACT:
2. Decrease Title III Cl Spending Authority by $87,000
3. Decrease Title HI C2 Spending Authority by 13,000
Pro!!ram Title Year Fundin!! Source CFDAlCSFA# Fund Amounts
Title III C 1 Congregate 2007
Meals U.S. Dept. Of 93.043
Senior Friendship Ctr- Health and Human $144,974.00
Spendin!! Authoritv Services
Title III C2 Home 2007
Delivered Meals U.S. Dept. Of 93.043
Senior Friendship Ctr- Health and Human $201,850.00
Spendin!! Authoritv Services
TOTAL FUNDS CONTAINED IN THISCONTRACT $ 346,824.00
I
Amendment #002
Agenda Item No. 16014
October 23. 2007
Contract No. OAA 203,07 Page 3 of 7
This amendment shall be effective on August 8, 2007. All provisions in the contract and any
Attachments thereto in conflict with this amendment shall be hereby changed to conform with
this amendment.
All provisions not in conflict with this amendment are still in effect and are to be performed at
the level specified in the contract and the Master Contract.
This amendment and all its attachments are herby made a part of the contract.
IN WITNESS THEREOF, the parties hereto have caused this :1: page amendment to be executed
by their undersigned officials as duly authorized.
COLLIER COUNTY HOUSING AND
HUMAN SERVICES
BY:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
By:
JAMESCOLETTA,CH~AN
Date: October 23. 2007
Approved as to form and
~s ~
f. r
AREA AGENCY ON AGING FOR
SOUTHWEST FLORIDA
By:
ROBERT D. JOHNSON
BOARD PRESIDENT
FEDERAL ID NUMBER: 59-6000558
FISCAL YEAR-END DATE: 9/30
Date: October 23. 2007
2
Amendment #002
ATTACHMENT I
Agenda Item No. 16014
October 23. 2007
Contract No. OAA 203.07 Page 4 of 7
OLDER AMERCIANS ACT PROGRAM
BUDGET SUMMARY
RECIPIENT: Collier County Services for Seniors
1. Title III B Support Services
2. Title III CI Congregate Meals
3. Title III C2 Home Delivered Meals
4. Title III E Services
TOTAL
3
$ 326,994.00
$ 39,997.00
$ 35,111.00
$ 79,713.00
$ 481,815.00
Amendment #002
Agenda Item ~Jo. 16014
October 23, 2007
Contract No, OAA 203,07 Page 5 of 7
ATTACHMENT IV
OLDER AMERICANS ACT PROGRAM
RATE SUMMARY
COLLIER COUNTY SERVICES FOR SENIORS
Services
Total Cost
Reimbursement Rate
Case Aide $20.68 $18.61
Case Management $44.55 $40.10
Screening & Assessment $28.68 $25.81
Transportation Cost Reimbursement Cost Reimbursement
Intake $25.43 $22.89
Enhanced Chore $26.00 $23.40
Chore $20.00 $18.00
Homemaking $20,00 $18,00
Personal Care $22.23 $20.00
Facility Respite $10.00 $9.00
In-Home Respite $20.00 $18.00
SCSM Cost Reimbursement Cost Reimbursement
Companion ,00 .00
EARS $1.30 $1.17
4
Agenda Item No. 16014
October 23,2007
Page 6 of?
Attestation Statement
Agreement/Contract Number OAA 203.07
Amendment Number #002
I, JAMES COLETTA. CHAIRMAN
(Recipient/Contractor representative)
) attest that no changes or revisions have been made to the
content of the above referenced agreement/contract or amendment between the Area Agency of Aging for
Southwest Florida, Inc. and the COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS.
COLLIER COUNTY SERVICES FOR SENIORS.
(Recipient/Contractor name)
The only exception to this statement would be for changes in page formatting, due to the differences in
electronic data processing media, which has no affect on the agreement/contract content.
Signature of RecipientiContractor representative
October 23.2007
Date
Approved as to form and
legal sufficiency
~
10.6..... l VI'
Agendciltem No. 1GD14
Oclober 23. 2007
Page 7 of7
COLLIER COUNTY
BOAHD OF COUNTY COMMISSIONEliS
Item Number:
ICU1,1
Item Summary:
1-<CUllilIlH'll(1;tll(lll III dulllUI iL('~ the! Chclillll<lfl 10 SI(,lll Hie Clyreement between Collier County
Huald 01 CUlII\lv C(lIlIl1lIS~;iollPI~; illld lIlC~ Areil J\gcllcy on Aging of Southwest FloridiJ. Inc
cllid ap!)1 (lve d iJudf.ll:;[ ;-lll1'Jlldlllelll 10 relied tile 11-811s1el uf funds irolll 1 ille III C 1 to 1 itle III~B
Meeting Date:
In lIiP ;1I1IUtll!! ul :;:ifilJ()l! In the 2U07 uldel AIlWI-ic;1Ils l\ct qr;:lIlt program
!()/:l.:i/2(]lli ~ OU 00 /dJ
Prepared By
Terri A. LJaniels
(il'ilnls CQonlinatc\1
Date
Public SPt"Vices
liollsinll 3< HI,llllilll Sf'tvir;ps
10/4/200710:03:58 PM
AI)I)rovcd B,y
Marcy KrulIlbine
Ulrectol'
Date
Public Services
Housinfll~ Human SNvice-s
1018/20072:20 PM
Approved By
Marla Ramsey
Public Scrvice~ Adtr1jni~tt"atot"
Date
Public Services
PuhllC S0t"vic'Js Admin
1018/20073:56 PM
AIJproved By
OMS Coordinator
Applications AI1<llyst
Dale
Administrative Servicps
Information Te-cllflolnqv
10/9/20071:09 PM
AIJI)rUved Bl
Sherry Pryor
Mal1<.lgemunt & 8udHet Analyst
Date
County M<lIl<Hj(>r's Office
Ofllc" of MalliHJ(!llwn\ g, 8mlgpt
10/121200710:44 AM
Approved By
Michael Smykowski
Manag"nl0.llt & Budget Director
Date
COllnty ManMler's OflICf~
Office of Milll:1{Jf'nlf'nl & RllCI(1Cl
10/14/2007 10:45 AM
Apllroved B)'
James V. Mudd
County Man,l\lcr
Date
Board of County
COUtlty Mana~]pr's Office
10/17/20079:02 AM
Commissioners
Agenda Item No. 16015
October 23, 2007
Page 1 of 2
EXECUTIVE SUMMARY
Recommendation to approve budget amendments totaling $6,746.08 to recognize additional
revenue received in the Services for Seniors program from the Area Agency on Aging for
the State of Florida General Revenue programs.
OBJECTIVE: The approval of this budget amendment is necessary to recognize additional
grant funding received for the Services for Seniors State of Florida General Revenue funded
programs.
CONSIDERATIONS: Collier County Services for Seniors provides in-home support services to
Collier County's frail elderly through grant funding received from the State of Florida Department of
Elder Affairs. These grants are funded from the State's general revenue. These programs include the
Community Care for the Elderly (CCE), Home Care for thc Elderly (HCE) and the Med Waiver
programs. All of the above mentioned programs are intended to provide in-home support
services to Collier County's frail elderly. The Serviccs for Seniors program received an
additional $6,746.08 in revenue from the Area Agency on Aging to provide increased services to
seniors in Collier County.
Program Component Amount
Increase/(Decrease)
Community Care for the Elderly (CCE) 2006-07 $2,654.57
Home Care for the Elderly (HCE) 2006-07 $388.86
Med Waiver $3,702.65
Net OAA Funding Increase $6,746.08
GROWTH MANAGEMENT:
recommendation.
There IS no growth management impact from this
FISCAL IMPACT: FY 07 budget in fund 123 will increase by $6,746.08. No additional
matching funds are required.
RECOMMENDATIONS: Staff recommends that thc Board of County Commissioners approve
the necessary budget amendments.
Prepared by: Terri Daniels, Accounting Supervisor, Housing and Human Services Department
~-
Page I 01 I
Agenda Item No. 16D15
Oclober 23, 2007
Page 2 of 2
COLLIER COUNTY
BOAI1D OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16DEi
f~ecornnlendatiolll() :;lllprove budget 8mendments totaling $G.746.08 to recognize additional
revelllH-; leceived ill the Services for Seniors program from the Area Agency 011 Aning for the
St:Jte of f~lorid" C;enerill f<everluc programs
Meeting Date:
!(Jf2:lJ2U07 ~J:OO()O AM
Prel)aretl By
Terri A. Daniels
Grants Coordinator
Date
Public Services
Housinq & HUIll<l1l Services
1014/200711:00:48 PM
Apl)roved By
Marcy Krurnbine
L>ireclor
Date
Puhlic Services
Housinq 8. HUIlHHI Services
10/8/20072:06 PM
Apllroved II)!
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin
1018/20074:04 PM
Approved By
OMB Coordinator
Applications Analyst
Date
Administrative Services
Information T(~dll1oloqy
10/9/20071:19 PM
Apllroved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Ofl'ir;e
OffiCi? of Management & Budqel
10/12120073:19 PM
Apl)roved By
Michael Srnykowski
Managernent & Budget Director
Date
County Managl:r's Office
OtfiGe of M<lna~wmpl11: & BlIdg!;'
10/14/200710:59 AM
AI)proved By
James V. Mucltl
County Manager
Date
Board of County
COlllmissioners
County Mallager's Office
10/17/20079:22 AM
Agenda Item No. 16016
October 23, 2007
Page 1 of 2
EXECUTIVE SUMMARY
Recommendation to approve a budget amendment in the amount of $21,510.94 to recognize
revenue received from the collection of co-payments and anticipated revenue from the
Collier County Services for Seniors program.
OBJECTIVE: To obtain approval to recognize co-payment revenue received from the Services
for Seniors program and budget for anticipated revenue for future collections.
CONSIDERATIONS: Collier County Services for Seniors provides in-home support services
and adult day care to Collier County's frail elderly. These services are supported by grants
received from the Florida Department of Elder Affairs and the Area Agency on Aging of
Southwest Florida. The Department of Eldcr Affairs requires that any consumer receiving
services from the Community Care for the Elderly and/or Alzheimer's Disease Initiative
programs be assessed a monthly co-payment for services. The amount of the consumer's co-
payment is detennined by househo ld income and based on a sliding fee schedule provided by the
Department of Elder Affairs.
The Services for Seniors Program has collected $6,510.94 in additional co-payments. We
anticipate collecting approximately $ I 5,000 in co-pays for the remainder of the current grant
year ending June 30, 2008. The funds can be used as match as well as for additional in-home
service hours which in tum will allow more of Collier County's elderly residents to remain in
their homes.
GROWTH MANAGEMENT:
recommendation.
There IS no growth management impact from this
FISCAL IMPACT: FY 08 budget will increase by $21,510.94.
RECOMMENDATIONS: Staffrecommcnds that the Board of County Commissioners approve
the necessary budget amendment to recognize revenue in the amount of$6,510.94 that has been
received and to budget anticipated revenue in the amount of$15,000.
Prepared by: Terri Daniels. Accounting Supervisor, Human Services Department
.-'
. 'l6" , VI I
Agenda Item No. 16016
October 23, 2007
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
1GD16
Item Summary:
RE)COrTll1lelldation to 8pprove a budget amendment il1!he amount of $21,510.94 to recoglllze
reWllue received lrom tile collection oj co-payments and anticipated revenue from the Collier
Counly St!rvlces tor .Senior-s program
Meeting Date:
10123/2007 !J:QO:DLJ Mv'l
Prcllarcd Ily
Terri A. Daniels
Grants Caordillator
Date
Public Services
Housill9 &. l-lulllan Services
10/4/200710:02:04 PM
AI)pl'oved Ily
Marcy Krumbine
Director
Date
Public Services
HaLlsin/] & Human Services
10/5/20076:37 PM
AI)I)rOved Il)'
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin
1018/20074:00 PM
^I)prnved By
OMS Coordinator
ApplicatiollS Analyst
Date
Administrative Services
Information Technology
10/9/20071:17 PM
^IJproved B)'
Sherry Pryor
Management & Budget Analyst
Date
county Manager's Offir;e
Office of Mani1gement & Budget
10/11/20079:49 AM
Approved By
Michael Smykowski
Managenwnt & BlIC!\let Director
Date
COllnty Manager's OHice
Office or Man'lQfHnent & BlId~1et
10112/20079:12 AM
Apl)rond By
James V. Mudd
COllnty Mimaner
Date
Board of county
Commissioners
County Malla~lOf's Oflic€"
10/13/200712:52 PM
Agenda Item No. 16017
October 23, 2007
Page 1 of 21
EXECUTIVE SUMMARY
Recommendation to approve the after-the-fact submittal of a 2005 Round Two Disaster
Recovery Initiative (DR!) grant to the Department of Community Affairs (DCA) to fund
disaster relief and the restoration of housing and infrastructure related to the effects of the
2005 hurricane season.
OBJECTIVE: To obtain after-the-fact approval of an application for a 2005 Round Two
Disaster Recovery Initiative (DRI) grant to the Department of Community Affairs (DCA) to fund
disaster relief and restoration of housing and infrastructure related to the effects of the 2005
hurricane season.
CONSIDERATIONS: Funding for the 2005 Disaster Recovery Initiative (DRI) is the result of
the 2006 Department of Defense Act, which appropriated $11.5 billion in Community
Development Block Grant (CDBO) funds for disaster relief, long-term recovery, and restoration
of housing and infrastructure in States directly impacted by the 2005 hurricane season. Collier
County successfully received over $2.3 million in the first round of grant funding and is in the
process of working with selected not for profits on targeted projects. I n this second round of
funding, HUD has provided Florida over $ I 00 million to be administered through the State
Department of Community Affairs (DCA). The State's DR! Action Plan indicates that funds
should be used for activities providing disaster relief, long-term recovery and restoration of
infrastructure. Federal requirements provide that the funds be directed to the "most impacted and
distressed" areas. Disaster recovery funds can not bc used for a project that was underway prior
to the disaster declaration. Activities eligible for Federal Emergency Management Agency
(FEMA), Small Business Administration (SBA) or insurance reimbursement cannot be funded by
th is grant.
Collier County was placed in the State's Tier II funding level based on number of units damaged,
units destroyed and three other categories. As a result of our tier assignment, Collier County is
eligible for a $2,484,068.15 funding allocation. At least 70% of these funds must be used for
disaster impacted affordable housing. The remaining 30% may be used to restore disaster
impacted infrastructure and/or assistance for displaced or economically impacted businesses.
--.
To prepare this Grant Application, Collier County's Housing and Human Serviccs Department
first reviewed applications received, evaluated and detennined eligible during las! year's
competitive process to determine which applicants had needs unmet by the first cycle in 2006. At
the time of the first cycle, approximately $7.2 million of eligible activities were submitted to
Collier County and since the CDBG amount as just over $2 million, several qualified projects
remain unfunded. The applications in 2006 were solicited from the three incorporated
jurisdictions and numerous housing and nonprofit provider organizations. The Housing &
Human Services Department also contacted each previous applicant to detennine if there were
additional unmet needs that would qualify for this program. Subsequent to the first cycle, the
Housing and Human Services Department was approached by both the Immokalee and
Bayshore/Gateway CRAs with a request that future DRI funding be committed to each area.
Staff detennined that projects would be funded in the following priority. Currently funded
Agenda Item No. 16017
October 23, 2007
Page 2 of 21
projects that needed additional funds would be first. Next, top rated projects which did not
receive funding would be next in the funding priority. Lastly, our County-wide rehabilitation
program would work directly with the Immokalee and Bayshore/Gateway CRAS to serve those
specific, needy areas.
Of the projects proposed for funding, three (3) are housing projects and six (6) are infrastructure
projects. All projects benefit low income residents and communities throughout Collier County
that were impacted by Hurricane Wilma. Since the most severe impact was felt in lmmokalee,
the funding is focused on Immokalee, however, projects are also proposed in the rural coastal
village Copeland, in a homeless shelter in Naples and in the Bayshore/Gateway Redevelopment
Area.
This DRI grant was due to DCA by September 30, 2007 and as a result, it was necessary to
request review and approval of the application package by the County Manager to be followed by
after-the- fact approval of the Board of County Commissioners.
Collier County's Office of the County Manager Administrative Procedure CMA #5330
authorizes the County Manager to approve the submittal of grant applications with subsequent
Board of County Commissioners action at the next available Board meeting to ratifY the approval
as "after-the-fact."
FISCAL IMPACT: The total grant requested is $2,484,068.15 with approximately 3%, or
$76,042.90, allowed for administration over the two (2) year contract. Assuming the County's
request is fully funded, $2,408,025.25 will be distributed to housing and infrastructure programs
in Immokalee, Copeland and othcr arcas of Collier County. All of thcse monies must be spent
within two years of award. No gencral fund dollars will be used to fund this initiative.
Temporary staff are already in place to implement the current round and second round of
funding; funding for their positions comes directly from the administration and project delivery
dollars.
GROWTH MANAGEMENT IMPACT: Application for these disaster recovery funds and
implementation of the selected activities will facilitate efforts to meet the goals, objectives and
policies set forth in the Housing Element of the Growth Management Plan.
LEGAL CONSIDERA nONS: This request is internally consistent, complies with all
applicable laws and is legally sufficient for Board consideration and approval.
RECOMMENDA nON: That the BCC approve the after-the-fact submittal for a 2005 Round
Two DRI grant application to DCA to fund disaster relief and restoration of housing and
infrastructure relatcd to the effects of the 2005 hurricane season.
PREPARED BY: Marcy Krumbine, Director of Housing and Human Services
~'-
2
Project Information and Certification
Agenda Item No. 16017
October 23, 2007
Page 3 of 21
COUNTY INFORMATION
County Applicant Jurisdictions to be Served
Collifer County Board of County Commissioners Collier County, includina Immokalee
Local Contact Title
Marcv Krumbine Director Housina & Human Services DeDartment
Phone Number FAX Number
(239) 252-HOME (239) 252-2638
Mailing Address Street Address or Directions
3301 Tamiami Trail East, Building H, Room 3050 North Horseshoe Drive Suite 110, Naples, FL
211 34104
City Zip Code
Naples 34112
E-mail Address
marcvkrumbine@collieroov.net
Chief Elected Official Title
James Coletta Chairman, Board of County Commissioners
Chief Elected Official's Address (if different)
3301 Tamiami Trail East, Buildino F. NaDles. Florida 34112
PROJECT PROPOSAL I PREPARER INFORMATION
Agency or Firm
Collier County Housino & Human Services DeDartment
Address Phone Number
3050 North Horseshoe Drive Suite 110 (239) 252-HOME
Contact Title
Marcy Krumbine Director, Housing & Human Services DeDartment
E-Mail Address
marcykrumbine@collieraov.net
COUNTY INFORMATION
What is your county's total population? 326,658 What is your county's LMI population?
(April 1, 2006 estimate provided by the Collier
County Planninq Department)
Are the jurisdictions to be served covered bv the National Flood Insurance Prooram? Yes X No
Are the activities consistent with the local comprehensive plan(s)? Yes X No
Are the activities consistent with the Local Mitioation Strateoy? Yes X No
Is a statement of interlocal cooperation (letter) or interlocal agreement (existing) with another Yes No X
local government necessary in order to applv for, administer or carrv out the proiect activities?
U.S. Congressional District 14 & 25 I Florida Senate District(s) 37 & 39 I Florida House District(s) 75, 76, 77,
1D1 & 112
HISTORIC PRESERVATION
Will the project or any related activities result in direct physical changes to a structure older than 50 Yes No
years, such as demolition (partial or complete), rehabilitation, restoration, remodeling, renovation, ex- x
pansion, or relocation?
Will the project or any related activities result in direct physical changes to public improvements older Yes No
than 50 years such as stone curbs or brick streets? x
Will the project or any related activities result in direct physical changes to a planned open space Yes No
older than 50 Years, such as a park or plaza? x
Will any project activities occur within 100 feet of a structure, public improvement, or planned open Yes No
space older than 50 years? x
Will any project activities occur in a Historic District listed on the National Register? Yes No
x
If "yes" was a response to one of the questions above, you must contact the State Historic Preservation Office
(SHPO) immediately. Properties that are listed, or eligible for listing, in the National Register of Historic Places
must meet the specifications reflected in the Secretary of the Interior's Standards or Rehabilitation Guidelines for
Rehabilitatino Historic Buildinos.
Page I of 17
ASSURANCES, CERTIFICATIONS AND SIGNATURES
Agenda Item No. 16017
October 23. 2007
Page 4 of 21
I, the undersigned chief elected official or authorized representative of the county, certify that this Project Proposal
has been approved by the local governing body and that the county will comply with the following certifications and
assurances as well as applicable federal and state requirements in the administration of any award that is made.
1. Citizen participation requirements will be met.
2. The County will satisfy the Intergovernmental Coordination and Review requirements by submitting required
information to its Regional Planning Council and to the State Clearinghouse.
3. The County will not attempt to recover, through special assessments, capital costs of public improvements
funded in whole or in part with these funds unless otherwise authorized by 24 CFR Section 570.482 and
Section 104(b)(5) of Title I of the Housing and Community Development Act of 1974.
4. Each housing structure addressed with CDSG funds will, upon compietion, meet HUD Section 8 Housing
Quality Standards and the local housing code.
5. The grant will be administered in conformity with the Civil Rights Act of 1964 and Fair Housing Act; the
County will affirmatively further fair housing and undertake one fair housing activity each year.
6. An Anti-Displacement and Relocation Plan has been adopted (or will be adopted prior to the expenditure of
funds) and displacement of persons will be minimized.
7. The information presented in this application is accurate, and documentation is on file and readily accessible
to Department of Community Affairs staff.
8. Documentation verifying the service area(s) have, if necessary, been properly surveyed using the appropri-
ate HUD Guidelines and that the number of LMI persons residing In the service area(s) are consistent with
the number of beneficiaries claimed in this application.
9. The County will affirmatively further fair housing and undertake one fair housing activity each year.
10. The County has adopted a Community Development Plan or has adopted the Local Comprehensive Plan as
the Community Development Plan.
11. The County has adopted a policy prohibiting the use of excessive force by law enforcement agencies within
its jurisdiction against any individuals engaged in non-violent civil rights demonstrations.
12. The County has adopted a policy of enforcing applicable state and local laws against physically barring en-
trance to or exit from a facility or location that is the subject of such non-violent civil rights demonstrations
within its jurisdiction.
13. No other source of federal, state, or local disaster funds is available to meet the need for the activities.
14. Submission of this Project Proposal was authorized by the local governing body.
Signature of Chief Elected Official or
Individual Authorized by Resolution of the County
Date
Page 2 of 17
Project Proposal
Agenda Item No. 16017
October 23, 2007
Page 5 of 21
JURISDICTION AND SERVICE AREA DESCRIPTION
Collier County comprises 2,025 square miles and includes affluence in the coastal area, but contrasting poverty in
other areas, including ImmokaJee, East Naples, and other incorporated and unincorporated communities.
The impact of the 2004 and 2005 hurricanes was widely felt throughout the County, however, the areas most
critically affected included the small coastal fishing communities of Chokoloskee and Everglades City and con-
tinuing north up State Road 29 through Copeland and into the fanning and migrant community of Immokalee.
j\ccording to Collier County, damage estimates related to Hurricane Wilma (October 2(05) indicated approxi-
mately 1,500 residences were impacted.
Given the impacts from Hurricane \vilma, the huge need for affordable housing, and the poor housing conditions
that exist within the Immokalee commuuity, the vast majority of the CDBG DRI grant (74%) is again being
allocated to housing in the greater Immokalee community. The remaining funding will benefit single family
rehabilitation and hardening in Collier County to include an emphasis on two Community Redevelopment Areas
(CRA's) - Immokalee CRi\ and the Bayshore Triangle CRA.
A Description of lmmokalee
According to the Collier County Planning Department's estimates of population for 2006, Immokalee's popula-
tion was 24, 452 and many of the residents are of Hispanic or Haitian descent. The percentage of Hispanic resi-
dents in Immokalee is 71 %. 1\ large percentage of the Immokalee population originally came to work in the ag-
ricultural industry picking crops or working in packing plants. As a result, the Immokalee area also contains some
of the County's poorest residents due to low paying jobs in agriculture and other related sectors.
The rural fanning community ofImmokalee area is different from the rest of Collier County that is known for its
beautiful beaches and the affluent cities of Naples and Marco Island. These areas attract wealthy retirees and tOUl"-
ists. The economy of the coastal area revolves largely around businesses that serve this wealthy population such as
hotels, restaurants, retail stores, lawn maintenance, and healthcare. I\ilany of Immokalee's residents, who are at-
tempting to transition out of af:,lTiculture work, tlnd jobs in the tOUriSl11 and service industries. Unfortunately,
many of these service jobs pay low wages and offer limited or no benetlts. As a result, income levels of lmmoka-
lee residents rel11ain low.
In 2001 Governor Jeb Bush included Immoblee in a multi-county area designated as a RUl"al Area of Critical
Economic Concern. In 1998, the Immokalee community received the federal Enterprise Community designation
through the competitive Round II Rural Enterprise Community process. lmmokalee easily qualified ,,~th more
than 40% of its 1990 population falling below the poverty level. Immoblee has also been designated a "Weed
and Seed" c0111munity by the United States Department of Justice and is a Florida Front Porch Community.
The 1990 Census reported that 1,1 06 housing units were classified as substandard and a 1994 County housing
study identified 1,200 units in need of rehabilitation or demolition. The following table identifies the income and
poverty disparities between Immokalee and h'l"eater Collier County and the State of Florida.
Area Per Capita Median Household OAI of Persons % of Families
Income Income Below Poverty Below Poverty
Immoblee CPD $8,576 $24,315 39.8% 34.6%
Collier County $31,195 $48,289 10.3% 6.60/0
State of Florida $21,557 $38,819 12.5O/~1 9.0%
The Collier County Housing & Human Services Department strives to meet the County's anti-poverty goals in
many ways, including seeking and using grant funds.
Page 3 of 17
Agenda Item No. 16017
October 23. 2007
Page 6 of 21
A Description of the Bayshore/Gateway Triangle Area
The Bayshore and Gateway Triangle Redevelopment Area is located on the southeastern edge of the City of
Naples in Collier Counry. US Highway 41 (the Tamiami Trail) is the common boundary of the two sub-areas of
the srudy 'with the Gateway Triangle area lying to the north of the Tamiami Trail and the Bayshore area to the
south. The Bayshore and Gateway T riang1c area is beset by many problcll1s that are typical of older urban areas
that have been passed over in the wave of newer urban development: dilapidated and vacant structures; inade-
guate site amenities; inadequate drainage and other public facilities; and the reuse of older structures by marginal
or less-desirable users. At the saIne time, the area possesses a number of assets and presents some clear opportu-
nities that arc supportive of redevelopment.
All of the area within the Bayshore/Gateway Triangle Redevelopment Area is \vidun the AE Flood Hazard as in-
dicated on the Flood Hazard Boundary Map. Lone AE are described as having base !lood elevations determined.
In dus area the Base Flood Elevation is between 8 and 9 feet.
Although the Bayshore/Gateway CRi\ has set aside moneys each year for Site Improvement Grants for home-
owners to receive tnatching grants frOlTI the CR...\'s tax increment tinances, this pro,gram is in the early stages and
is limited to homeowners who can afford the 500(1 match requirement. The Collier County Housing & I-Iuma.n
Services Department endeavors to coordinate \vith the CRi\ when appropriate and has committed to allocating a
portion of DRI funds to the area.
A Description of Copeland
The rural village of Copeland is located between Immokalee and Everglades City on State Road 29. The small,
rural community of Copeland has a population of259 persons and 103 households according to the 2000 Census.
Copeland recently unden'lent an extensive rezone to allow for redevelopment. Homeownership rates fall below
400/0 and a C0t11mOn type of dwelling (391)'0) is a trailer
PROGRESS OF 2005 DISASTER SUBGRANT AGREEMENT
Collier County, in cooperation with the many nonprotlt organizations in these vulnerable areas, continues to take
sif,rnificant steps to improve and strengthen housing and infrastructure to minimize future damage from such
narural disasters. i\S the result of the 2005 Disaster Recovery hutiative, Collier County has issued five (5) con-
tracts with local organizations for hurricane hardening of fan11 \vorkcr rental units and a h01nc1ess shelter, infra-
structure for ne\-v homes, generators for water and sewer facilities, and rehabilitation, demolition and replacement
of hurricane damaged honKS. In all, l,(l 72 low to 1110derate income individuals \\-111 benefit from this program and
Collier County \vill be less vulnerable to future hurricane damage. Collier County's I-lousing and I-I uman Services
Department is in the process of completing contracts \vith the tlve local organizations. In addition, t\VO contract
e111ployees have been hire,d to initiate and in1ple1TIent the DRl projects. i\ rehab specialist who has experience
with disaster recovery from I lurricant', Charley \\.'i11 be our 6.eld specialist. ;'\ grants support specialist with a back-
ground in real estate and contracting \vi1l1naintain the files, keep the records and income verify potential recipi-
ents. _Advertisements for obtaining new contractors have been developed. The local organizations arc in the
process of preparing their bid proposals for contractors. Organizations have received technical assistance and
continue to work with the staff of I-lousing and I-Iuman Services to initiate and implcITIent these projects andsev-
cral have indicated that additional funding frOIl1 the second round {)fDRT Inay be necessary due to ((lst increases
since the original proposals were presented.
PROCESS USED FOR DETERMINING PROJECT PRIORITIES FOR .AMENDMENT
To prepare this Project Proposal, Collier County's Housing and IIU111an Services Department first reviewed
applications received, e\raluated and determined elif:,J-.ible during last year's competitive process to determine which
applicants had needs unmet by the first cycle in 200G. At the time of the first cycle, approximately $7.2 million of
eligible activities were submitted to Collier County and since the CDBG amount as just over $2 million, several
qualified projects remain unfunded. The applications in 200G were solicited from the three incorporated
jurisdictions and numerous housing and nonprofit provider organizations. The Housing & Human Services
Page 4 of 17
Agenda Item No. 16017
October 23, 2007
Department also contacted each previous applicant to determine if there were additional unmet neecBw~"",tildl
qualify for this program. Subsequent to the first cycle, the Housing and Human Services Department was
approached by both the Immokalee and Bayshore/Gateway CRAs with a request that future DRl funding be
committed to each area. Staff determined that projects would be funded in the following priority. Currently
funded projects that needed additional funds would be first. Next, top rated projects which did not receive
funding would be next in the funding priority. Lastly, our County-wide rehabilitation program would work
directly with the Immokalee and Bayshore/ Gateway CRAS to serve those specific, needy areas.
Collier County's application for Disaster Recovety Initiative funding has and will continue to meet the citizen
participation requirements of this program. The DRl Amendment projects have been publicly noticed in the local
newspaper and the Affordable I-lousing Commission re\~ewed proposed funding projects on September 13, 2007.
Due to the timing of the application and the summer schedule of the Board of County Commissioners, the
County Manager has signed the application; however, after-the-fact approval by the Board of County
Commissioners will be requested on October 23, 2007. This process is the accepted standard Collier County
process for when a grant application is due prior to a Board of County Commissioners meeting. A copy of the
policy is available if necessary, however, verification of the Board of County Commissioners October 23, 2007
approval can also be provided following this meeting.
PRIORITY DISASTER RECOVERY ACTIVITIES
Of the projects proposed for funding, three (3) are housing projects and six (6) are infrastructure projects. All
projects benefit low income residents and communities throughout Collier County that were impacted by
Hurricane Wilma. Since the most severe impact was felt in Immokalee, the funding is focused on Immokalee,
however, projects are also proposed in the rural coastal village Copeland, in a homeless shelter in Naples and in
the Bayshore/Gateway Redevelopment Area.
These projects are consistent with and support the goals and objectives of the Collier County Locall\1itigation
Strategy. Specifically supported are the goal and objectives that encourage the reduction of the potential loss of
personal and public property caused by natural, man made and technological disasters and that incorporate hazard
mitigation measures such as \N~nd/ flood proofing and target hardening during any rehabilitation of existing public
facilities.
Collier County's recently adopted Local I-lousing Assistance Plan (LHJ\P) which guides the implementation of
State SHIP funds is included in the Appendix, as is the CDBG One-Year J\ction Plan (FY 2007-2(08). Any DRI
HAP requirements that are not currently included in the enclosed documents will be addressed during the
contractual phase with the Department of Community Affairs.
All historic preservation, environmental and other requirements will be addressed in 1110rc detail as specific
properties are identified for housing rehabilitation and other eligible disaster recovery initiatives.
Page 5 of 17
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Service Area Descriptions
Agenda Item No. 16017
October 23, 2007
Page 18 0121
Service Area #1: Sanders Pines Apartments and Timber Ridge, Immokalee
The Sanders Pines Apartments and the Timber Ridge homes encompass 75 rental units owned and operated by lmmokalee
Non-Profit Housing, lnc, which has been providing affordable farm worker rental housing since 1992. Funding was re-
quested during the first round of DR I funding for repairing hurricane hurricane-damaged fencing and installation of impact
rated windows, however, due to increases in cost of materials, a portion of the second round of will fund the shortfall re-
sulting from the initial project. One unit also includes the administration office of Sanders Pines. Timher Ridge and Sand-
ers Pines were built with State funding in the early 1990s. Roofs were damaged by Wilma and are being replaced with in-
surance and 2006 CDBG entitlement funding. Window upgrades/housing hardening is not covered by FEMA, insurance or
other programs and is needed to ensure the long term sustainability of these units in the event of future disasters. The na-
tional oNecUve thaI will he met is LMI as the 329 re....idents rheneficiaries) are very low and low income households as
shown on Attachment A.
Service Area #2: Edenfield Renovation, Immokalee
Edenfield is a community center within the communities of Sanders Pines and Timber Ridge, both communities of very
low-income, with no less than 80% of the residents engaged in farm work. The residents are primarily Hispanic and Hai-
tian. and over 150 children live in these two developments. The building once served as a residence for a wealthy land-
owner who v,'as one of the early residents oflmmokalee. The community building is in extreme disrepair. in part dueto age
and in part due to Hurricane Wilma. The project involves renovation of the structure and bringing the building up to cur-
rent code, which will make it stronger and less vulnerable to future storms. The national ohjeetive thaI will be met is LM!
as the 329 residents (beneficiaries) are Vel)! lOll' and low income households as shm1'n on Attachment A.
Service Area #3: Habitat for Humanity - Kaicasa, Immokalee
Habitat for Humanity is the main provider of single family, owner-occupied affordable homes in Immokalee and after the
effects of Hurricane Wilma. It is estimated that of the 1,500 residences damaged or destroyed in the hurricane, approxi-
mately 615 are located in lmmakalee. Additionally, in the week following Hurricane Wilma, Habitat for Humanity re-
ceived 50 applications from Immokalee families whose trailers were destroyed in the hurricane. In response, Habitat de-
cided to increase production of homes in Immokalee and these families are now given preference for Habitat homes in Kai-
casa. Kaicasa is a 1 00 acre parcel in Immokalee adjacent to Farmworker's Village that will ultimately provide 400 homes
for low income individuals. all conforming to the high building code standards set by the State of Florida with a goal of
providing homes that can better withstand the effects offuture hurricanes. The nalional objeclive that will be mcl is LM! as
the 2,()()() re.\'idents (heneficiaries) arc VeJ~V Im,i' and low income households as shown on Attachmenl A.
Service Area #4: Empowerment Alliance of Southwest Florida, Hatcher's Preserve, Immokalee
The Empowerment Alliance of Southwest Florida is constructing approximately 15 single family homes on a 5 acre tract of
vacant land in the rural. migrant community of Immokalee, targeting low-income first time homebuyers. The targeted
homeowners will be LMI families impacted by recent hurricanes and living in substandard and/or cost burdened housing.
The project was allocated funding during the lirst round of DR!. however, some infrastructure (water, sewer, drainage, ete)
costs have increased and during the pennitting process, the subrecipient was informed that it would also be necessary to
remove exotics and replant with native vegetation on a preserve area. Therefore, during round two of DRI funding, the pro-
ject wi]] also be allocated funds to remove exotics and wi]1 re-plant the preserve area with native vegetation. The preserve
area, once re-vegetated, will serve as a native buffer providing more protection to the adjacent homes and will also remain
in a natural state helping with groundwater recharge. The national o~jectil'e that will be met is LAi1 as the approximately
60 residents (beneficiaries) are velJ' low and lrnl' income households as shown on Allachment A.
Service Area #5: I-Hope Replacement Housing, Immokalee
This project involves the selection of owner occupied single family homes that were damaged by Hurricane Wilma to be
replaced with newly constructed units. The damage caused by Hurricane Wilma has created unhealthy and/or unsafe living
conditions and the properties affect are located within the unincorporated limits ofJmmokalee and are located in residential
areas of slum and blight. Activities will include demolition/clearance, site preparation, transitional housing, utilities, con-
struction of units, hard cost contingency, project delivery and contingency. The national objective Ihat will be mel is LM!
as the approximately 6 residents (beneficiaries) are ver)! low and lm,v income households as shown on Attachment A.
Page t6 of 17
Agenda Item No. 16017
October 23, 2007
Service Area #6: Countywide Rehabilitation Page 19 of 21
Approximately 50 homes that received damage during Hurricane Wilma will be brought up to code and provided with im-
provements to harden them against future hurricanes. Preference will be provided to single family homes in the Bay-
shore/Gateway and Immokalee CRAs, however, the program will be available to all income qualified homeowners who
have been impacted by Hurricane Wilma. Staff members of Collier County's Housing and Human Services will work di-
rectly with the staff of the CRA's to identify owner-occupied homes in their areas that need assistance. Once the homes
have been identified, Housing and Human Services staff will assist the homeowners in preparing their documents and ap-
plications for income-qualification. Preference will be given to qualified residents of the two CRA's. The Collier County
Housing and Human Services Department, which has experience providing rehab through SHIP, CDBG and HOME enti-
tlement programs, will implement this housing rehabilitation program. Many of the very low and low income homeowners
needing rehab assistance do not maintain insurance or can not meet their deductible, however, during the income qualifica-
tion process, the issue of insurance or FEMA assistance will be addressed on a case-by-case basis. The national objective
will be LMI. The anlicipated number of owner occupied households assisted will be approximately 50 units, benefiting and
estimated 200 individuals.
Service Area #7: Copeland Utilities, Copeland
Copeland is a small rural village on the edge of the Everglades and is surrounded by State owned land preserves and envi-
ronmentally sensitive lands. The Copeland community is comprised of approximately 259 residents who reside primarily
in trailers, mobile homes and some site built homes. The village's water facility is operated by a local resident's co-
operative and sewage treatment is provided by the small fishing village of Everglades City. The sewer lift station and water
treatment plant do not have back-up generators. As a result of Hurricane Wilma's destruction in October 2005, and the re-
sulting loss of power, Copeland residents were without sewer and water services for several days after the storm. During
the first round of DR I funding, two generators were funded, however, the Collier County Housing Development Corpora-
tion (CCHOC) has determined that an additional generator is needed for the community's sewer facility. Permanently in-
stalled generators will allow the households to continue to receive water and sewer service in the event offuture disasters.
Prevention/hardening activities are not eligible for insurance or FEMA reimbursement. This project meets the LMI na-
tionalobjective. It is anticipated that approximately LMI 259 residents will benefitfi'Oln the generators to operate the lift
stations during power ouluRes.
Service Area #8: St. Matthew's House 201 S, Airport Road, Naples
St. Matthew's House is a nonprofit homeless shelter in need of mitigation and hardening to replace 51 old windows with
impact resistant windows, install two impact resistant sliding glass doors, and provide a generator that will allow the shelter
to continue to provide food and shelter to homeless residents and assist with meals, showers and other needs of first re-
sponders, rescue workers and other critical staff post disaster. Due to cost increases for materials, this project will fund the
shortfall resulting from the initial project related to installation of 51 impact resistant windows, 5 impact resistant sliding
doors and installation of a generator for this emergency homeless shelter facility. This emergency shclter continued to pro-
vide meals to hundreds of individuals after Wilma as their cooking facilities are gas operated. However, this facility sus-
tained roof damage and lost electrical power. Impact resistant windows and a generator will allow this centrally located
emergency shelter to provide food and shelter to the homeless, first responders and rescue workers and others in need of
food. water and shelter after a disaster. Hurricane Wilma roof damage was addressed through insurance. However, pre-
vention and hardening of this crucial facility is not covered by FEMA or insurance and is important for he community's re-
covery after a disaster. The hardening will occur at one location, 2001 Airport Road South, but the benefit will occur
throughout the community through the provision of meals and shelter to hundreds of Collier County residents. St. Mat-
thew's can provide meals for up to 450 citizens at one time at this site. By hardening this structure, hundreds of individuals
can benefit in the event of a hurricane or other disastcr. This project meets the LMI national objective. It is anticipated that
at least 450 individuals will benefitfi'om this project
Service Area #9: Countywide Administration of DRI Grant
Collier County will utilize 3% of the ORI allocation for the administration of the grant.
Page 17 of 17
I U.b'" J v. I
Agendilltem !'-lo_ 16017
October 23, 2007
Page 20 of 21
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
1GUri
Item Summary:
1;'~Cnlllll1",llcl;]ii'JlII(> ClPf'lrJV\, tile aflel-tlw-1Jcl subll1lttal of i:l 2005 Round Two Disaster
kecoVf'ry 111111:iliw' iUftij ~lI;l1lllo the uepmtllleil! of COllllilllllity AIIBirs (DCAl 10 fund
disastel rdlci ,-lllll Ii',," lesiul;)tlon of hOLlSlI1lj and IIltrClslr-ucture related to the effects 01 ttle
2UO::-. ilUIIICi-lrH} seil~;OII
Meeting Date:
IU<.!.:li2UUi ljOOUU I\f...i
l'relJarcd B)'
Marcy Krull1bine
Dinlctor
Date
Public: Services
H0usinq &. Hurn"ll Servl<;!"";
10/4/20074:50:39 PM
Afll)roved By
Marcy Krumbine
Director
Date
Puhlic Services
HOllSilHl8. HlJll1illl SPrvicf!s
10/5/20076:43 PM
^IJProved By
Debra Eurorn
Assistant Grant Coordinator
Date
Administra1ive SNvices
A(lminisIT<lrivp. Sf'rvir;p',
1018/200710:15AM
AIJproved Hy
Marlene J. Foard
Grants Coordinator
Date
Administrative Services
ArJministrillive Services Admill.
10lBi2007 3:23 PM
AllfJro\'cd H:y
Marla Ramsey
Public Services Administrator
Date
Public Servic(Is
l'ulJ!ic .Service:: t.\dmill
10/8/20074:48 PM
Approved Hy
OM8 CoorcJinalor
Apl))ications An;Jlysl
Date
Administrative Sl'rvices
lnlomlilliolll echl\Oloq)'
10/9/20071:08 PM
Approved H)'
Sherry Pryor
Malla~etlHHlt 8. [llHJqel Analvst
Dale
County Mallaqer's Office
omu' of Man<l~lenH?llt & BlJ(j~et
10/11/200710:29 AM
AIJl'roved By
Michael Smykow5ki
Man.1gelnent & BUllqct Directo!
Date
County MclllagPr's Office
Office of MCllliH-Ietnpnt & Budnet
10/16/20074:40 PM
Approved By
James V. MlHllJ
County Mnnagel
Date
Boarel of County
Commissioners
County Manager's Olfice
10f16/2007 7:39 PM
Agenda Item No. 16017
October 23. 2007
Page 21 of 21
COLLIER COUNTY MANAGER'S OFFICE
330 I East Tamiami Trail
Nap]es, FL 34]]2 239-252-8383. Fax 239-252-4010
September 24, 2007
Community Development Block Grant Section
Division of Housing and Community Development
2555 Shumard Oak Boulevard, Room 260 - N or 260 - A
Tallahassee, F]orida 32399-2100
Dear Community Development Block Grant Section:
On behalf of Collier County, I am pleased to submit the enclosed grant application (two originals)
for the Disaster Recovery Initiative. In addition, twelve copies will be sent to the Florida State
Clearing House and one copy provided to the Southwest Florida Regional Planning Council.
Collier County and the sub-applicants are dedicated to fulfilling all commitments made in the grant
application.
Due to the summer schedule of the Collier County Board of County Commissioners, .lames
Coletta, Chairman of the Board, was unavailable to sign the application before the deadline.
Therefore, the application has my signature, which will be ratified by the Board of County
Commissioners on October 23, 2007, following our standard after-the-fact approval process.
Collier County Practices and Procedures CMA #5330, which outlines this process, is included in
the appendix of the application. It is with great respect that we request your acceptance of my
signature and the process we adopted for situations such as this.
Collier County looks forward to the opportunity to work with the Department of Community
Affairs on these critical projects that will benefit many low income residents of our community.
Please feel free to contact me or Marcy Krumbine, Director of the Housing and Human Services
Department (239) 252-HOME or l11arcvkrul11binc(i,)collieruov.nel if you have any questions
regarding our propsa!.
Sincerely,
.lames V. Mudd
County Manager
c
~ ..
{~~
"
,
c
"
..
n
,
Agenda Item No. 16018
October 23, 2007
Page 1 of 2
EXECUTIVE SUMMARY
To present to the Board of County Commissioners a summary of the Impact Fee Deferral
Agreements recommended for approval in FY08, including the total number of Agreements
approved, the total dollar amount deferred and the balance remaining for additional deferrals in
FY08.
OBJECTIVE: To present to the Board of County Commissioners a summary of the Impact Fee
Deferral Agreements recommended for approval in FY08, including the total number of Agreements
approved, the total dollar amount deferred and the balance remaining for additional deferrals in FY08.
CONSIDERATIONS: Article IV of Chapter 74 of the Code of Laws and Ordinances established a
program to defer impact fees for qualified affordable housing. For FY08, Collier County has
committed $2,792,103 for the deferment of Impact Fees for eligible affordable housing. This number
represents 3% of the total Impact Fees collected in the prior Fiscal Year. Additionally, Collier County
has committed $750,000 for the deferment of Water System Impact Fees and Sewer System Impact
Fees.
-
A summary of the program in FY08 is as follows:
. Total Number of New Units Requesting Deferral on today's agenda: 12
. Total Number of Units Transferring from Developer to Owner: 0
. Total Dollar Amount oflmpact Fee Delerrals on the 10/23/2007 Agenda: $194,412.88
. FY08 Cumulative Total Impact Fee Deferral Agreements: 27
. FY08 Cumulative Total Impact Fees Deferred: $354,308.20 (excluding Water and Sewer),
$130,625.00 Water and Sewer.
Funds remaining for additional deferrals in FY08:
. $2,437,794.80
. $619,375.00 to defer Water System Impact Fees and Sewer System Impact Fees
Number of Deferral Agreements Currently Open per Developer:
. Habitat for Humanity of Collier County, Inc: 38
. Marco Bay Homes: 6
. Empowerment Alliance ofSW Florida: 2
. Freeman & Freeman: 2
. Lennar Homes: 10
FISCAL IMPACT: Although it is expected that the County will ultimately collect these deferred fees
(generally upon the sale of the residence), there is no guarantee as to if, or when, this would occur.
GROWTH MANAGEMENT IMPACT: Nonc.
LEGAL CONSIDERATIONS: The proposed Agreements are 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 accept this summary of the Impact Fee Deferral
Agreements recommended for approval in FY08, including the total number of Agreements approved,
the total dollar amount delerred and the balance remaining for additional deferrals in FY08.
-
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
ragt; 1 Ul I
Agenda Item No. 16018
October 23, 2007
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16018
Meeting Date:
To present to the Board of County Commissioners a summary of the Impact Fee Deferral
Agreements recommended for approval in FY08, including the total number of Agreements
approved, the total dollar amount deferred and the balance remaining for additional deferrals
in FY08.
10/23/20079:00:00 AM
Item Summary:
Prepared By
Frank Ramsey
SHIP Program Coordinator
Date
Public Services
Housing and Human Services
10/8/20073:34:52 PM
AplJrOved By
Marcy Krumbine
Director
Date
Public Services
Housing & Human Services
101B/2007 4:17 PM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
10/91200711:04AM
Approved Dy
OMS Coordinator
Applications Analyst
Date
Administrative Services
information Technology
10/9/20071 :22 PM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
10/17120073:01 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
10/17/20074:38 PM
EXECUTIVE SUMMARY
Agenda Item No. 16019
October 23, 2007
Page 1 of 6
Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Marco Bay Homes, LLC (BUILDER) and James
Ohrochta (DEVELOPER) for deferral of 100% of Collier County impact fees for an
owner-occupied affordable housing unit located at East 75' of the West 180' of Tract 115,
Unit 79, Golden Gate Estates.
OBJECTIVE: That the Board OfCOWlty Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Marco Bay Homes, LLC and James
Obrochta 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 developers who are building qualified affordable
housing and will sell the units to an income qualified applicant. Pursuant to this program, an
application for defennent was submitted by Marco Bay Homes, LLC and James Obrocht~
which application, after staff review, was detennined to qualify for the program. The subject lot
is presently owned by Obrochta, who has contracted with Marco Bay Homes, LLC to build an
affordably priced home for sale to a third party. The property is located at East 75' of the West
180' of Tract lIS, Unit 79, Golden Gate Estates.
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 detennined that until
directed otherwise by the Board, these agreements be placed on the Consent Agenda for the
Board's review, approval and Chainnan's signature.
FISCAL IMP ACT: This agreement defers $19,273.98 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 guarantee 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 RECOMMENDA nON: That the Board approves and authorizes the Chairman to
sign the attached Lien Agreement for Deferral of ] 00% of Collier County Impact Fees for
Owner Occupied Affordable Housing Dwelling Units for Marco Bay Homes, LLC and James
Obrochta for property located at East 75' of the West 180' of Tract ] IS, Unit 79, Golden Gate
Estates.
.....-.
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
Return to
Agenda Item No. 16 19
October 23, 2 07
Page 2 f 6
FnnkRamlleY
Housing & Human Servicell
3301E.TlmilmiTl'llil
Nlples.FLJ41l2
File# 07-101-IF
This 5pacerur recording
LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF
COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE
HOUSING DWELLING UNITS
This Agreement is entered into this f~day Of~l~200 7, between Collier County, a
political subdivision of the State of Florida (COUNTY) and Marco Bay Homes, LLC. (BUILDER)
and James Obrochta (DEVELOPER), 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, knovm 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 issuance of this Agreement until six (6) months after
issuance of the certificate of occupancy for the dwelling unites).
4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of
the dwelling unites), unless the dwelling units are sold to households meeting the criteria set
forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the
amount of the deferred impact fees is Nineteen Thousand Two Hundred Seventy Three and
98/100 Dollars ($19.273.98),
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(s). 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 othenvise
conveyed from. 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 ovmer. 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, including, but not limited to, a full or partial
release of lien.
7. In the event the DEVELOPER 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 DEVELOPER, a
delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed,
and the COUNTY may, at its sole option, collect the impact fee amount in default and
assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or
Page 1 of2~ ~
Agenda Item No. 16~19
October 23, 2pO 7
declare that the deferred impact fees are then in default and immediately due and payable. The Page 3 pf 6
i
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 day 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 DEVELOPER'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:
, Deputy Clerk
By:
JAMES COLETTA, Chainnan
Witnesses:
~'11~
Print Name ~II
~~q~~rd1e~
BUILDER, Marco Bay Homes, LLC
BY:~.cQ~ 4-,
Print ame: Don Woj' howski
Title:
STATE OF FLORIDA
COUNTY OF COLLIER , } #> .
.I'J The~i}JJegoiIlg instrumelft was acknowledged before me this E day of ~/A.J; ,2007,
by~ "V~ for~arcQ.Bay Homes LLC., ~onalJy
known to me has produced :t ~J'~ J!fJ.A. 'AI J~g(~ as identification.
[NOTARIAL SEAL I ~~ G ..J~
G), MNlYCORNEUSSE (Signa e Notary Public)
MY COMMISSION 'OO~
; : EXPIRES:Man::h21,2008 lJ ~ f' I '
.. ....,...-,...- nfIrJ Lor1'e. l<;~t
(Print Nam of Notary Public)
Witnesses:
DEVELOPER, James Obrochta
11 J2 .~
~~,.~
Prmt Name ~ ,~ 01
By: /lam.o./, <!lL--u.oJ/ZL
Prirt-KTame: James Obrochta
Title:
STATE OF 1~IH,''; ,
COUNTY OF C. I ( ,- e ..-
The foregoing instrument was acknowledged before me this ~ 9f'" day of ::r.....'" ~ ,2007,
by ~.....'-~ Db"",, t.. ~ 1- ~ as De.. v <:...1 tJ f ~ '('" for James Obrochta, who is personally known
to me or has produced L as i ific tic
1/,,"
-':'w.'/
NolaryPublicSlaleofFloIida
Arlene C Mclllughlin
My Commission DD::59590
E~50611)412010
[NOTARIAL SEAL]
e
{print Name of Notary Public)
Page 2 of2"3 ~
/ --<C.
~.jt....?
Page 3 of2' ~ .,e.
Agenda Item No. 16 19
October 23, 2 07
Page 4 f 6
EXHIBIT "A"
Agenda Item No. 16119
October 23, 2 07
Page 5 f 6
I
I
,
,
LEGAL DESCRIPTION
The East 75' of the West 180' of Tract 115, Unit 79, Golden Gate Estates, according to plat
thereof recorded in Plat Book 5, Page 17, oftbe Public Records of Collier County, Florida.
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type .fImpact Fee
Amount Owed
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
$100.59
$112.68
$460.23
$935.00
$2,068.00
$8,228.00
$6,359.00
$725.00
$285.48
$19,273.98
TOTAL IMP ACT FEES
l^KApproved~/_!_
Page 1 ot 1
Agenda Item No. 16019
October 23, 2007
Page 6 of6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16D19
Item Summary:
Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign. a lien agreement with Marco Bay Homes. LLC (BUILDER) and James
Obrochta (DEVELOPER) for deferral of 100%. of Collier County impact fees for an Qwner-
occupied affordable housing unit located at East 75 of the West 180 of Tract 115, Unit 79,
Golden Gate Estates.
Meeting Date:
1012312007900.00 AM
Prepared By
Frank Ramsey
SHIP Program Coordinator
Date
Public Services
HOllsing and Human Services
10/8/2007 2:35:33 PM
Approved By
Marcy Krumbine
Director
Date
Public Services
Housing & Human Services
10/8/20072:58 PM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
10/9/200710:59 AM
Approved By
OMS Coordinator
Applications Analyst
Date
Administrative Services
Information Technology
10/9/20071:21 PM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
10/10/20073:19 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10/11/200711 :49 AM
Agenda Item No. 16020
October 23, 2007
Page 1 of 2
EXECUTIVE SUMMARY
Recommendation to award Contract(s) #07-4153 "Professional Engineering for
Coastal Zone Management Projects" to the following firms: Coastal Engineering
Consultants, Inc.; Johnson Engineering, Inc.; Corzo Castella Carballo Thompson
Salman, P.A. (C3TS); Q. Grady Minor and Associates, P.A.; Post Buckley, Schuh
& Jernigan, Inc, (PBS&J)
OBJECTIVE: To receive Board approval for the award of professional services contracts to the
above listed firms in order to provide professional engineering services for coastal zone
management projects without issuing individual Requests for Proposal.
CONSIDERATIONS: Request for Proposal (RFP) was issued on June 19, 2007 to solicit the
contract for these services. Notices were sent to one hundred ninety seven (197) firms and sixty
nine (69) firms requested an RFP package. Responses were received from eleven (11) firms by
the due date of July 20, 2007 A selection committee was formed according to standard
Purchasing Procedures and by consensus on September 20, 2007, recommended the following
firms to be awarded a contract.
1. Coastal Engineering Consultants, Inc.
2. Johnson Engineering, Inc.
3. Corzo Castella Carballo Thompson Salman, P.A. (C3TS)
4. a. Grady Minor and Associates, P.A.
5. Post Buckley, Schuh & Jernigan, Inc. (PBS&J)
Contract negotiations have been successfully completed by staff for the five (5) firms at this
time. All of the above listed firms have agreed to a standardized fee schedule for their services,
which staff believes will provide the opportunity for an equitable and fair distribution of work.
This is a fixed-term contract which provides for work orders to be issued for each assignment
subject to the terms of the contract.
FISCAL IMPACT: The funding for each work order that is assigned under the approved
contracts will come from each user Department.
GROWTH MANAGEMENT IMPACT: While these contracts have no direct growth management
impact, they are consistent with the County's long-tem growth plans.
RECOMMENDATION: That the Board of County Commissioners: (1) Award professional
service agreements to the selected firms, and (2) Authorize the Chairman of the Board to sign
the standard, County Attorney approved agreements.
Prepared By: Gary McAlpin, Director, Coastal Zone Management Department
-
ragt:: 1 UJ l
Agenda Item No. 16D20
October 23, 2007
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date:
16D20
Recommendation to award Contract(s} #07 -4153 Professional Engineering for Coastal Zone
Management Projects to the following firms: Coastal Engineering Consultants, Inc.; Johnson
Engineering. Inc.; Corzo Castella Carballo Thompson Salman, P.A. (C3T5); Q. Grady Minor
and Associates. P.A.; Post Buckley, Schuh & Jernigan, Inc. (PBS&J)
10/23/20079.00:00 AM
Item Number:
Item Summary:
Approved By
Linda Best
Contracts Agent
Date
Administrative Services
Purchasing
10/2/20078:09 AM
Approved By
Gary McAlpin
Costal Project Manager
Date
Public Services
Coastal Zone Management
10/3f2007 5:34 PM
Approved By
Kathy Carpenter
Executive Secretary
Date
Public Services
Public Services Admin.
10f4/2007 9:57 AM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
10/5f2007 4:45 PM
Approved By
Steve Carnell
Purchasing/General Svcs Director
Date
Administrative Services
Purchasing
10/9f2007 7 :46 PM
Approved By
OMS Coordinator
Applications Analyst
Date
Administrative Services
Information Technology
10/10/200712:47 PM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
10/16/200710:11 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
10116/20076:11 PM
EXECUTIVE SUMMARY
Agenda Item No, 16021
October 23, 2007
Page 1 of 7
Recommendation to reject all bids received under Bid 07-4162, Veterinary Medicines and
Drugs and Expendable Supplies and Equipment for Domestic Animal Services
Department.
OBJECTIVE: To reject all bids received and reissue the bid to obtain increased competition for
veterinary medicines, drugs, supplies and equipment.
CONSIDERATION: This bid was publicly advertised on June 21,2007, with 17 notices sent to
those firms who provide these services. There was one (1) complete bid received. The
Domestic Animal Services Department has concluded the one (1) responding vendor is
responsive, however, there were interested bidders, who believe they can meet the
specifications, that were either not notified or received only a partial bid package.
After reviewing the one (1) responsive bid and the details surrounding the need for availability of
all required product as well as the need for more competition, Domestic Animal Services staff
feels that re-bidding is in the best interest of the County.
FISCAL IMPACT: There is no fiscal impact.
GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan,
RECOMMENDATION: That the Board of County Commissioners rejects the bid received under
Bid 07-4162 for the purchase of Veterinary Medicines and Drugs and Expendable Supplies and
Equipment.
Prepared by: Margo A. Castorena, Director DAS
Date: 10/1/2007
--
I'age I ot I
Agenda Item No. 16D21
October 23, 2007
Page 2 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16D21
Recommendation to reject all bids received under Bid 07-4162, Veterinary Medicines and
Drugs and Expendable Supplies and Equipment for Domestic Animal Services Department.
Meeting Date:
10/23/2007 900:00 AM
Approved By
Margo Castorena Director Date
Public Services Domestic Animal Services 10f3f2007 10:44 AM
Approved By
Scott Johnson Purchasing Agent Date
Administrative Services Purchasing 10f3f2007 12:41 PM
Approved 8y
Mike Hauer Acquisition Manager Date
Administrative Services Purchasing 10/4/200711:03 AM
Approved By
Marla Ramsey Public Services Administrator Date
Public Services Public Services Admin. 10/9/20071:12 PM
Approved By
Steve Carnell Purchasing/General Svcs Director Date
Administrative Services Purchasing 10/9f2007 8 :53 PM
Approved By
OMB Coordinator Applications Analyst Date
Administrative Services Information Technology 1 OJ1 Of2007 12 :48 PM
AIJproved By
Sherry Pryor Management & Budget Analyst Date
County Manager's Office Office of Management & Budget 10/11/20079:58 AM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 10/12/200712:59 PM
Approved By
James V. Mudd County Manager Date
Board of County
Commissioners County Manager's Office 10f14/2007 1:09 PM
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Agenda Item No. 16D22
October 23, 2007
Page 1 of 2
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners accept a
donation of $1,500.00 for Marine Science Program development from the
State of Florida Department of Environmental Protection-MFMP as part of
sponsorship of the Marine Resource Conservation Partnership of Collier
County into the Collier County University Extension Trust fund.
OBJECTIVE: To appropriately develop, organize, implement, and evaluate Marine
Science/Sea Gran1 educa1iona] programming by the Collier County University Ex1ension
Office.
CONSIDERATIONS: The Collier County University Extension Trust Fund allows for
an accountab]ity system by Collier County University Extension Office. This system
provides a depository for donated funds and a conduit for the expenditure ofthese funds
through departmental programming.
-
FISCAL IMP ACT: Budget for donations and expenditures for this program are in place
for Fisca] Year 08 within the Collier County Extension Services Trust Fund.
GROWTH MANAGEMENT IMPACT: No growth management impact with this
action.
RECOMMENDA nON: That the Board of County Commissioners accept a donation
of$],500.00 for Marine Science Program development from the State of Florida
Department of Environmental Proteclion-MFMP as part of sponsorship of the Marine
Resource Conservation Partnership of Collier County into the Collier County University
Extension Trust fund.
Prepared by: Linda Hetrick, Administrative Secretary Date: 09/12/07
-
J--age 1 or 1
Agenda Item No. 16D22
October 23. 2007
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16022
Recommendation that the Board of County Commissioners accept a donation of $1 ,500.00
for Marine Science Program development from the State of Florida Department of
Environmental Protection-MFMP as part of sponsorship of the Marine Resource
Conservation Partnership of Collier County into the Collier County University Extension Trust
fund.
Meeting Date:
10/23/2007 9:0000 AM
Prepared By
Linda Hetrick
Customer Service Specialist
Date
Public Services
University Extension Ser....ices
9/12/20073:20:03 PM
Approved By
Robert Halman
Director
Date
Public Services
University Extension Services
9/13/20078:41 AM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
10/10/200712:15 PM
Approved By
OMB Coordinator
Applications Analyst
Date
Administrative Services
Information Technology
10/10/20072:12 PM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
10/11120079:52 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
10/15120073:48 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
10116/20079:25 AM
Agenda Item No. 16D23
October 23, 2007
Page 1 of 26
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves, and authorizes its
Chairman to sign, a Subrecipient Agreement providing a Community Development Block
Grant in the amount of $250,000 to Fun Time Early Childhood Academy, Iuc., for site
development in preparation for construction of a new Fun Time Early Childhood Academy
within the George Washington Carver and River Park communities in the City of Naples.
OBJECTIVE: Thai the Board of Counly Commissioners approves a Subrecipient Agreement,
which would provide a Community Development Block Grant (CDBG) in the amount of
$250,000 to Fun Time Early Childhood Academy, Inc., to be used for preparation at their future
location, 102 12th Streel North, scheduled for completion by June 2008.
CONSIDERATIONS: The grant will be used for site development to support the construction
of a 7,708 square foot modular unit which will house the new Fun Time Early Childhood
Academy. This includes lot fill, site preparation (including any costs associated with site work,
paving, utilities, site ctearing, grading, drainage, site civil engineering, services, permits,
landscaping, storm water retention, sewer lines, site development plan and design).
On April 24, 2007, lhe Board of County Commissioners (BCe) approved submission of lhe
County's second 5-Year Consolidated Plan FY 2006 through 2010 and adopted the current One-
Year Action Plan for FY 2007 - 2008 which oUllined the activilies to be funded between July I,
2007 and June 30, 2008. A summary of the projecls to be funded and the number of beneficiaries
are published in the 2007-2008 Aclion Plan. The project included in this agreement was
approved in the 2007-2008 Action Plan.
FISCAL IMPACT: Approva] of lhis conlract will provide a Community Development Block
Grant in the amount of $250,000 to Fun Time Early Childhood Academy, Inc., for site
preparation. No general funds will be used for these projects.
GROWTH MANAGEMENT IMPACT: The proposed grant to Fun Time Early Childhood
Academy, Inc., will benetit the low-income residents of the George Washington Carver and River
Park neighborhoods, which is consistent with the Growth Management Plan.
LEGAL CONSIDERATIONS: The proposed Agreement is a standard HUDICommunity
Development Block Granl (CDBG) subrecipient a,,'feement fonn in use in Collier Counly since
2001.- JAK
RECOMMENDATION: That lhe Board approves and authorizes its Chairman to sign a
Subrecipienl Agreement providing a $250,000 granl to Fun Time Early Childhood Academy,
Inc,. 10 be used for public facility site preparalion at lheir fulure localion at 102 Ith Street North
using U.s. Depmtment of Housing and Urban Developmenl (HUD) Community Developmenl
B]ock Granl (CDBG) funds.
Prepared by: Sandra Marrero, Granls Management Coordinator
Housing and Human Services Departmenl
---
Agenda Item No. 16023
October 23, 2007
Page 2 of 26
AGREEMENT BETWEEN COLLIER COUNTY
AND
FUN TIME EARLY CHILDHOOD ACADEMY, INC.
SITE PREPARATION
Catalog of Federal Domestic Assistance # 14.218
HUD Grant # B-07-UC-12-0016
THIS AGREEMENT, is entered into this day of , 20_, by and between
Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", and "Fun
Time Early Childhood Academy" a private not-for-pTofit corporation existing under the laws of the State of
Florida authorized to transact business in the State ofF]orida, having its principal office at 1010 5th Avenue
North, Naples, Florida 34102, and its Federal Tax Identification number as 59-1039978, hereinafter referred to
as the "SUBRECIPIENT."
WHEREAS, the COUNTY has entered into an agreement with the United States Department of Housing and
Urban Deve]opment for a grant for the execution and implementation of a Community Development Block
Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community
Development Act of 1974 (as amended); and
WHEREAS, Pursuant to the aforesaid agreement COUNTY is undertaking certain activities to primarily
benefit low and moderate income persons and neighborhoods and to alternative]y use Community
Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to
improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and
other activities which are related to neighborhood/community improvements; to improve the condition of life
for persons who require physical access or other services that meet their individual needs; and to provide fOT
long range community improvements by assessing current conditions and planning long range improvement
programs as described in the Consolidated Plan submission; and
WHEREAS, the Fiscal Year 2007-2008 Consolidated One-Year Action Plan was developed following the
Collier County Consolidated Plan - Citizen Participation Plan, adopted on January 9, 2001; and
WHEREAS, The Board of County Commissioners of Collier County approved the Collier County
Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2007-2008 for the CDBG Program with
Fun Time Ear]y Childhood Academy Page I of 24
Site Preparation
Agenda Item No. 16023
October 23. 2007
Page 3 of 26
Reso]ution 2007-101 on Apri] 24, 2007, including the use of this standard form Agreement; and
WHEREAS, the United States Department of Housing and Urban Deve]opment (BUD) has approved the
County's Consolidated Plan One-Year Action Plan for Federa] Fiscal Year 2007-2008 for the CDBG Program
and the use of the CDBG funds fOT the activities idenlified in the Plan; and
WHEREAS, the COUNTY and the SUBREClPEINT desire 10 provide the activities specified in Exhibit A of
this Agreement, in accord with the approved Annua] Consolidated Plan; and
WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the
C.ommunity Deve]opment Block Grant (CDBG) Program as a valid and worthwhile County purposes.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed
by the Parties as follows:
I. DEFINITIONS
(I) "COUNTY" means Collier County, and where applicable, it's authorized representative(s).
(2) "CDBG" means the Community Deve]opment Block Grant Program of Collier County.
(3) "HHS" means the Housing and Human Services Department ofCollieT County.
(4) "SUBRECIPIENT" means FUN TIME EARLY CHILDHOOD ACADEMY.
(5) "HHS Approval" means the written approval of the Housing and Human Services or designee.
(6) "BUD" means the Secretary of the U.S. Department of Housing and Urban Development or a
person authorized to act on its behalf.
(7) "Low and moderate income persons" means the definition set by HUD.
(8) "Project" means the work contemplated to be performed as set forth in Exhibit "A".
II. SCOPE OF SERVICES
The SUBREClPIENT shall, in a satisfactory and proper manner, as determined by HHS, perform the tasks
necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement
using Exhibit "B" along with the monthly submission of Exhibit "C," all of which aTe attached hereto and
made a part hereof.
III. TIME OF PERFORMANCE
The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the
Fun Time Early Childhood Academy
Site Preparation
Page 2 of 24
Agenda Item No. 16023
October 23, 2007
Page 4 of 26
timely release of funds for this project by HUD under Grant No. B-07-UC-12-0016. The effective date shall
be the latest date of execution of this Agreement, and the services of the SUBRECIPIENT shall be undertaken
and completed in light of the purposes of this Agreement In any event, all services required hereunder shall be
completed by the SUBRECIPIENT prior to June 15, 2008. Any funds not obligated by the expiration date of
this Agreement shall automatically revert to the COUNTY, as set forth in Part VIII F (e), and Part VIII H
below.
IV. CONSIDERATION AND LIMITATION OF COSTS
The SUBRECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an
amount not to exceed TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00) for the services
described in Exhibit "A." In the event the project costs exceed the stated amount, the SUBRECIPIENT shall
be responsible for the excess.
All improvements specified in Exmbit "A" shall be peTformed by SUBRECIPIENT employees, or shall be put
out to competitive bidding under a procedure acceptable to the COUNTY and federal requiTements. The
SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and responsible
bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY,
wmch shall have access to all records and documents related to the proj ect.
V. NOTICES
All notices required to be given under this Agreement shall be sufficient when delivered to Housing & Human
Services at its office, presently located at 3050 North Horseshoe Drive, Suite 110, Naples, Florida 34104, and
to the SUBRECIPIENT when delivered to its office at the address listed on page one (I) of this Agreement.
VI. SPECIAL CONDITIONS
The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of FedeTal Regulations, Part
570 of the Housing and Urban Deve]opment regulations concerning Community Deve]opment Block Grants
(CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT
further agrees to utilize funds avai]able under this Agreement to supplement rather than supplant funds
otherwise available for specified activities.
VII. GENERAL CONDITIONS
A. IMPLEMENT A TION OF PROJECT ACCORDING TO REOUIRED PROCEDURES
The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal,
State, and County laws, ordinances and codes and with the procedures outlined in HHS'
Policies and Procedures memoranda. The Federa], State, and County laws, ordinances and
codes are minimal regulations supplemented by more restrictive guidelines set forth by HHS.
No payments will be made until approved by HHS or designee.
Should a project receive additional funding after the commencement of this Agreement, the
SUBRECIPIENT shall notify HHS in writing within thirty (30) days of receiving notification
from the funding source and submit a cost allocation plan for approval by HHS or designee
within forty-five (45) days of said official notification.
Fun Time Early Childhood Academy
Site Preparation
Page 3 of24
Agenda Item No. 16023
October 23. 2007
Page 5 of 26
B. COMPLIANCE WITH LOCAL AND FEDERAL RULES, REGULA nONS AND LAWS
During the performance of the Agreement, the SUBRECIPIENT agrees 10 comply with any
applicable laws, regulations and orders listed below which by reference are incorporated and
made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws,
1. 24 CFR Part 570, as amended - The Tegulations governing the expenditure of
Community Development B]ock Grant funds.
2. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure.
3. 36 CFR Part 800 - The regulations outlining the procedures for the protection of
historic and cultural properties.
4. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil
Rights Act.
5. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
6. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which
establishes hiring goals for minorities and women on projects assisted with federal
funds.
7. Title VII of the 1968 Civil Rights Act as ameuded by the Equal Employment
Opportunity Act of 1972 - which prohibits discrimination in employment.
8. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and
Urban Development Act of 1968, as amended.
9. Age Discrimination Act of 1973
10. National Flood Insurance Act of 1968
11. 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally
assisted construction contracts.
12. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water
Pollution Acts.
13. Contract Work - Hours and Safety Standards Act
14. Lead Based Paint Poisoning Preventive Act
Fun Time Early Childhood Academy
Site Preparation
Page 4 of24
Agenda Item No. 16023
October 23, 2007
Page 6 of 26
15. Section 504 of the Rehabilitation Act of 1973
16. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
17. 29 CFR Parts 3, 5 and Sa - Regu]ations which prescribe the payment of prevailing
wages and the use of apprentices and trainees on federally assisted projects as mandated
by the Davis-Bacon Act. HUD Form 4010, which describes the Davis-Bacon Act, is
included as part of this agreement and must be included in all construction contracts
funded by CDBG. See attachment A-3.
18. Revised Order Number 4 - Regulations that establish guidelines for the
implementation of Executive Order 11246 as amended by Executive Orders 11375 and
12086.
19. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in
federally assisted projects.
20. Executive Order 11625 and U.S. Department of Housing and Urban Development
Circular Letter 79-45 - which prescribes goal percentages for participation of minority
businesses in Community Deve]opment B]ock Grant Contracts.
21. 29 CFR Part 3 - The Copeland Anti-Kickback Act (i 8 U.S.C. 874 and 40 U.S.C.
276c), which deals with employee forfeiture of compensation by force.
22. Florida Statutes, Chapter 112 - which deals with conflict of interest.
23. HUD - required reports, circulars, and procedures, such as the Grantee Performance
Report.
24. Public Law 100-430 - the Fair Housing Amendments Act of 1988.
25. 24 CFR 570, Subpart J - regulations covering standard Grant Administration
Procedures. These replace OMB Circular A-I02. This subpart includes 24 CFR
570.502.
26.0MB Circular A-133 - concerning annual audits.
27.0MB Circular A-122 - which identifies cost principles.
28. Section 109, Public Law 100-202 - which restricts the awarding of public works
contracts to firms from foreign countries with unfair trade practices.
29. 24 CFR Part 84 - OMB Circular A-110 Codified in the Uniform Administrative
Requirements for Grants and Agreements With Institutions of Higher Education,
Hospitals and Other Non-Profit Organizations.
Fun Time Early Childhood Academy
Site Preparation
Page 5 of24
Agenda Item No. 16D23
October 23, 2007
Page 7 of 26
30. 24 CFR Part 85- OMB Circular A-I02 Codified in the Uniform Administrative
Requirements for Grants and Agreements to State and Local Governments.
C. SUBCONTRACTS
Any work OT services subcontracted by the SUBRECIPIENT shall be specifically by written
contract or agreement, and such subcontracts shall be subject to each provision of this
Agreement and applicable County, State, and Federa] guidelines and regulations. Prior to
execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be
submitted by the SUBRECIPIENT to HHS fOT its review and approval, which will specifically
include a determinalion of compliance wilh the terms of the attached Work Program set forth
in Exhibit "A."
This review also includes ensuring that all consultant contracts and fee schedules meet the
minimum standards as established by the Collier County Purchasing Department and HUD.
Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee
contracts. All additional services shall have prior written approval with support documentation
detailing categories of persons performing work plus hourly rates including benefits, number of
drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for
such services will be made at SUBRECIPIENT cost.
None of the work or services covered by this Agreement, including but not limited to
consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by
the COUNTY without prior written approval ofHHS or his designee.
D. AMENDMENTS
The COUNTY may, at its discretion, amend this Agreement to conform to changes required by
Federa], State, County, or HUD guidelines, directives, and objectives. Such amendments shall
be incorporated by written amendment as a part of this Agreement and shall be subject to
approval of the COUNTY. Except as olherwise provided herein, no amendment to this
Agreement shall be binding on either party unless in writing, approved by the COUNTY and
signed by each Party's authorized representatives.
E. INDEMNIFICATION
The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the COUNTY, its
agents, its employees and elected officers harmless from and against any and all claims,
liability, expense, loss, cost, damages or causes of action of every kind or character, including
attorney's fees and costs, whether at tria] or appellate levels or otherwise, arising during the
performance of the terms of this Agreement, or due to the acts or omissions of the
SUBRECIPIENT.
SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or
applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT
will hold the COUNTY harmless and will indemnify the COUNTY for funds, which the
COUNTY is obligated to refund the Federal Government arising out of the conduct of activities
and administration of SUB RECIPIENT.
F. GRANTEE RECOGNITION
All facilities purchased or constructed pursuant to this Agreement shall be c1ear]y identified as
Fun Time Early Childhood Academy
Site Preparation
Page 6 of 24
Agenda Item No. 16023
October 23, 2007
Page 8 of 26
to funding source. The SUBRECIPIENT will include a reference to the financial support herein
provided by HHS in all publications and publicity. In addition, the SUBRECIPIENT will make
a good faith effort to recognize HHS' support for all activities made possible with funds made
available undeT this Agreement. The SUBRECIPIENT will mount a temporary construction
sign for projects funded by HHS. This design concept is intended to disseminate key
information regarding the development team as well as Equal Housing Opportunity to the
genera] public. This signs construction utilizes a minimum conventionaI4'X8" plywood back
pane] and other conventional construction materials and methods.
G. TERMINA nON
In event of termination for any of the following reasons, all finished or unfinished documents,
data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital
equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned
to HHS or the COUNTY. In the event of termination, the SUBRECIPIENT shall not be
relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any
breach of the Contract by the SUBRECIPIENT, and the COUNTY may withhold any payment
to the SUBRECIPIENT for set-off purposes until such time as the exact amount of damages
due to the COUNTY from the SUBRECIPIENT is determined.
1. TERMINATION FOR CAUSE
If through any cause either party shall fail to fu]fill in timely and proper manner its obligations
under this Agreement, or if either party shall violate any of the covenants, agreements, or
stipulations of this Agreement, either party shall thereupon have the right to terminate this
Agreement in whole or part by giving written notice of such termination to the other party and
specifying therein the effective date of termination.
2. TERMINATION FOR CONVENIENCE
At any time during the term of this Agreement, either party may, at its option and for any
reason, terminate this Agreement upon ten (l0) working days written notice to the other party.
Upon termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant
to this Agreement through and including the date of termination.
3. TERMINATION DUE TO CESSATION
In the event the grant to the COUNTY under Title I of the Housing and Community
Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be
suspended or terminated effective on the date that HOO specifies.
H. INSURANCE
The SUBREClPIENT agrees this coverage shall be provided on a primary basis.
1. COMMERCIAL GENERAL LIABILITY
The SUBRECIPIENT shall agree to maintain Commercial General Liability at a limit of
liability not less than $100,000 per person and $200,000 per accident/occurrence per F]orida
Statutes S 768.28 and $2,000,000 per accident for federal and outside F]orida litigation per
Florida Statutes S 768.28. Coverage shall not contain any endorsement excluding Contractual
Liability or Cross Liability unless granted by the County's Risk Management Department. The
SUBRECIPIENT agrees this coverage shall be provided on a primary basis.
Fun Time Early Childhood Academy
Site Preparation
Page 7 of24
Agenda Item r.,Jo. 16023
October 23, 2007
Page 9 of 26
2. BUSINESS AUTOMOBILE LIABILITY
The SUBRECIPIENT shall agree to maintain Business Automobi]e Liabi]ity at a limit of
liability not less than $ I 00,000 per person and $200,000 per accident/occurrence per Florida
Statutes S 768.28 and $2,000,000 per accident for federal and outside F]orida litigation per
F]orida Statutes S 768.28 for all owned, non-owned and hired automobiles. The
SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than
10 yeaTs with deductib]es not exceeding $1000 for Comprehensive and Collision. Collier
County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The
SUBRECIPIENT shall agree to be fully responsible for any deductib]es, self-insured retention
or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary
basis.
3. ADDITIONAL INSURED
The SUBRECIPIENT shall agree to endorse the COUNTY as an Additiona] Insured with a CG
2026 Additiona] Insured - Designated Person or Organization endorsement, or its equivalent, to
the Commercial Genera] Liability. The Additional Insured endorsement shall read "Collier
Countv Board of Countv Commissioners. a Political Subdivision of the State of F]orida. its
Officers. Emp]ovees. and Agents. c/o Housing & Human Services Department". The
SUBRECIPIENT shall agree the Additiona] Insured endorsements provide coverage on a
primary basis.
4. CERTIFICATE OF INSURANCE
The SUBRECIPIENT shall agree to deliver to the COUNTY a certificate(s) of insurance
evidencing the required insurance is in full force and effect within thirty (30) calendar days
prior to the execution of this Agreement by the COUNTY. A minimum thirty (30) day
endeavor to notify due to cancellation or non-renewal of coverage shall be included on the
certificate(s).
5. RIGHT TO REVIEW AND ADJUST
The SUBRECIPIENT agrees that the COUNTY, by and through its Purchasing or Risk
Management Department, in cooperation with HHS, reserves the right to periodically review,
modify, reject or accept any required policies of insurance, including limits, coverage's, or
endorsements, heTein from time to time throughout the life of this Agreement. The COUNTY
reserves the right, but not the obligation, to review and reject any insurer providing coverage
because of its poor financial condition or failure to operate ]egally.
I. INDEPENDENT AGENT AND EMPLOYEES
The SUBRECIPIENT agrees lhat, in all matters relating to this Agreement, it will be acting as
an independent agent and that its employees are not Collier County employees and are not
subject to the COUNTY provisions of the law applicab]e to County employees relative to
employment, hours of work, rates of compensation, leave, unemployment compensation and
employee benefits.
VIII. ADMINISTRATIVE REOUIREMENTS
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Agenda Item No. 16023
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A. FINANCIAL MANAGEMENT
The SUBRECIPIENT agrees to comply with OMB Circular A-II 0 (Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and
other Non-Profit Organizations) and agrees to adheTe to the accounting principles and
procedures required therein, utilize adequate internal controls, and maintain necessary source
documentation for all costs incurred.
B. DOCUMENTATION AND RECORD - KEEPING
1. The SUBRECIPIENT shall maintain all records required by the CDBG Federal
Regulations.
2. All reports, plans, surveys, information, documents, maps, and other data procedures
developed, prepared, assembled, OT completed by the SUBRECIPIENT for the purpose
of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at
any time upon request by the COUNTY or HHS. Uponcomp]etion of all work
contemplated under this Agreement copies of all documents and records relating to this
Agreement shall be surrendered to HHS if requested. In any event the SUBRECIPIENT
shall keep all documents and records for three (3) years after expiration of this
Agreement.
3. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the
preparation ofHUD Labor Re]ations, WBE/MBE, Equa] Opportunity Employment, and
HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi).
4. SUBRECIPIENT shall submit monthly beneficiary reports to Housing & Human
Services using Exhibit "C".
5. The SUBRECIPIENT shall maintain Tecords showing compliance with the Davis-
Bacon Law, including files containing contractor payrolls, employee interviews, Davis-
Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall
maintain records showing conlractoT compliance with the Contract Work Hours and
Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing
compliance with federal purchasing requirements and with other federal requirements
fOT grant implementation.
C. PURCHASING
All purchasing for services and goods, including capital equipment, shall be made by purchase
order or by a written contract and in conformity with the procedures prescribed by the Federa]
Management Circulars A-IIO, A-122, 24 CFR Part 84, and 24 CFR Part 85, which are
incorporated herein by reference.
D. REPORTS, AUDITS, AND EVALUATIONS
Reimbursement will be contingent on the timely receipt of complete and accurate reports
required by this Agreement, and on the resolution of monitoring or audit findings identified
pursuant to this Agreement.
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E. ADDITIONAL HOUSING & HUMAN SERVICES, COUNTY. AND IIDD
REQUIREMENTS
Housing & Human Services shall have the right under this Agreement to suspend or terminate
reimbursement until the SUBRECIPIENT complies with any additional conditions that may be
imposed by HHS, the COUNTY, or HUD at any time.
F. PRIOR WRITTEN APPROVALS-SUMMARY
The following activities require the prior written approval of the HHS Department or designee
in order to be eligible for reimbursement.
(a) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT
pursuant to lhis Agreement;
(b) All capita] equipment expenditures of$I,OOO or more;
(c) All out-of-town travel; (trave] shall be reimbursed in accordance with Florida Statutes,
Chapter 112.061);
(d) All change orders; and
(e) All requests to utilize uncommitted funds after the expiration of this agreement for
programs described in Exhibit A, and
(t) All rates of pay and pay increases paid out of CDBG funds, whether for merit or cost of
living.
G. AUDITS AND INSPECTIONS
At any time during normal business hours and as often as HHS, the COUNTY, IIDD, or the
Comptroller Genera] of the United States may deem necessary, there shall be made available by
the SUBRECIPIENT to HHS, the COUNTY, IIDD, or the Comptroller General for
examination all its records with respect to all matters coveTed by this Agreement.
The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as
amended, as it pertains to this Agreement and any subcontracts entered into under this
Agreement. This will require the SUBRECIPIENT to submit a single audit, including any
management letter, made in accordance with the genera] program requirements of QMB
Circulars A-IIO (Uniform Administrative Requirement for Federal Grants), A-122 (Cost
Principles for Non-Profit Organizations), A-133 (Audits of State, Loca] Governments, and
Non-Profit Organizations), and other applicable regulations wilhin one hundred and eighty
(180) days after the end of any fiscal year covered by this agreement in which Federal funds
from all sources are expended. Said audit shall be made by a Certified Public Accountant of the
SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to HHS. In the
event the SUBRECIPIENT anticipates a delay in producing such audit or audited financial
statements, the SUBRECIPIENT shall request an extension in advance of the deadline. The
cost of said audit shall be borne by the SUBRECIPIENT. In the event the SUBRECIPIENT is
exempt from having an audit conducted under A-133 (Audits of State, Loca] Governments, and
Non-Profit Organizations), the COUNTY reserves the right to require submission of audited
financial statements and/or to conduct a "limited scope audit" of the SUBRECIPIENT as
defined in A-]33. The COUNTY will be responsible for providing technical assistance to the
SUBRECIPIENT, as deemed necessary by the COUNTY.
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H. PROGRAM-GENERATED INCOME
All income earned by the SUBRECIPIENT from activities financed in whole or in part by
funds provided hereundeT must be reported to HHS. Such income would include, but not be
limited to, income from service fees, sale of commodities, and rental or usage fees. The
SUBRECIPIENT shall report its plan to utilize such income to HHS, and said plan shall
require the prior written approval of the HHS Department or designee. Accounting and
disbursement of such income shall comply with OMB Circular A- I 10 (Uniform Administrative
Requirement for Federal Grants) and other applicable regulations incorporated herein by
reference.
In addition to the fOTegoing, Program Income, as defined by 24 CFR 570.500(a) for CDBG
funds may be retained by the Agency. Program Income shall be utilized to undertake activities
specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to
stated activities. Any Program Income on hand at or received by the SUBRECIPIENT or its
sub-contractors after the expiration of this Agreement shall be returned to the COUNTY no
later than thirty (30) days. after such expiration, subject to any SUBRECIPIENT Tequests to
utilize uncommitted funds.
1. GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but not limited to; making final
payments, disposing of program assets (including the return of all unused materials, equipment,
unspent cash advances, program income balances, and receivable accounts to the COUNTY),
and determining the custodianship of records.
IX. OTHER PROGRAM REOUIREMENTS
A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability,
national origin, religion, age, familial status, or sex be excluded from the benefits of, or be
subjected to, discrimination under any activity carried out by the performance of this
Agreement. Upon receipt of evidence of such discrimination, the COUNTY shall have the right
to terminate this Agreement.
To the greatest extent feasible, lower-income residents of the project areas shall be given
opportunities fOT training and employment; and to the greatest feasible extent eligible business
concerns located in OT owned in substantia] part by persons residing in the project areas shall be
awarded contracts in connection with the project. The SUBRECIPIENT shall comply with the
Section 3 Clause of the Housing and Community Development Act of 1968.
B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS
ENTERPRISES
In the procurement of supplies, equipment, construction, or services to implement this
Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and
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minority/women-owned business enterprises of supplies and services, and provide these
sources the maximum feasible opportunity to compete for contracts to be performed pursuant to
this Agreement. To the maximum extent feasible these small business and minority/women-
owned business enterprises shall be located in or owned by residents of the CDBG areas
designated by CollieT County in the Annual Consolidated Plan approved by HUD.
C. PROGRAM BENEFICIARIES
At least fifty-one percent (51 %) of the beneficiaries of a project funded through this Agreement
must be ]ow- and moderate- income persons. If the project is located in an entitlement city, as
defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the
beneficiaries directly assisted through the use of funds under this Agreement must reside in
unincorporated Collier County or in municipalities participating in the County's Urban County
Qualification Program. The project funded under this Agreement shall assist beneficiaries as
defined above for the time period designated in Exhibit A of this Agreement. The
SUBRECIPlENT shall provide written verification ofcomp]iance to HHS upon HHS's request.
D. EVALUATION AND MONITORING
The SUBRECIPIENT agrees that HHS will carry out periodic monitoring and evaluation
activities as delermined necessary by HHS or the COUNTY and that the continuation of this
Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this
Agreement, comparisons of planned versus actual progress relating to project scheduling,
budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon
request to HHS, the COUNTY or the COUNTY's designees and make copies or transcriptions
of such records and information, as is determined necessary by HHS or the COUNTY. The
SUBRECIPIENT shall, upon lhe request of HHS, submit information and status reports
Tequired by HHS, the COUNTY or HUD on forms approved by HHS to enable HHS to
evaluate said progress and to allow for completion of reports required of HHS by HUD. The
SUBRECIPIENT shall allow HHS or BUD to monitor the SUBRECIPIENT on site. Such site
visits may be scheduled or unscheduled as determined by HHS or HUD.
E. CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person who presently exercises any functions or
responsibilities in connection with the Project, has any personal financial interest, direct or
indirect, in the target areas or any parcels therein, which would conflict in any manner or
degree with the performance of this Agreement and that no person having any conflict of
interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict
of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to
HHS provided, however, that this paragraph shall be interpreted in such a manner so as not to
unreasonably impede the statutory requirement that maximum opportunity be provided for
employment of and participation of low and moderate-income residents of the project target
area.
F. PUBLIC ENTITY CRIMES
As provided in F.S. 287.133 by entering into this Agreement or performing any work in
furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors
and consultants who will perform hereunder, have not been placed on the convicted vendor list
maintained by the State of F]orida Department of Management Services within the 36 months
immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a).
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Agenda Item No. 16023
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G. DRUG-FREE WORKPLACE REOUIREMENTS
The SUB RECIPIENT, as a condition of being awarded, must certify that they will provide
drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.C.
701) and with HUD's rules at 24 CFR Part 24, subpart F.
H. CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a MembeT 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.
2. If any funds other 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 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 shan require that the language of this certification be included in the
award documents for an sub awards at all tiers (including subcontracts, sub grants, and
contracts under grants, loans, and cooperative Agreements) and that an
SUBRECIPIENTS shan certify and disclose accordingly.
I. REAL PROPERTY
Any real property acquiTed by the SUBRECIPIENT fOT the purpose of carrying on the projects
stated herein, and approved by the COUNTY in accordance with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be
subject to the provisions of the CDBG Regulations including, but not limited to, the provisions
on use and disposition of property. Any real property within the SUBRECIPIENT control,
which is acquired or improved in whole OT part with CDBG funds in excess of $25,000, must
adhere to the CDBG Regulations at 24 CFR 570.505.
X. ENVIRONMENTAL CONDITIONS
A. AIR AND WATER
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The SUBREClPIENT, as Subrecipient, agrees to comply with the following requirements
insofar as they apply to the performance of the Contract:
1. Clean Air Act, 41 U.S.C, 7401, et seq.
2, Federal Water Pollution Control Act, as amended, 33 U.S.C 1251, et seq., as amended,
13] 8 relating to inspection, monitoring, entry, reports, and information, as well as other
requirements specified in said Section 114 and Section 308 (EP A) regulations pursuant
to 40 CF.R., Part 50, as amended.
B. FLOOD DISASTER PROTECTION
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC
4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as
having special flood hazards, flood insurance under the National Flood Insurance Program is
obtained and maintained as a condition of financial assistance for acquisition or construction
purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be
?btained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood
Insurance.
C. LEAD-BASED PAINT
The Subrecipient agrees that any construction OT Tehabilitation of residential structures with
assistance provided under this contract shall be subject to HUD Lead-Based Paint Regu]ations
at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all
HUD-assisted housing and require that all owners, prospective owners, and tenants of
properties constructed prior to 1978 be pToper]y notified that such properties may include ]ead-
based paint. Such notification shall point out the hazards of lead-based paint and explain the
symptoms, treatment and precautions that should be taken when dealing with lead-based paint
poisoning and the advisability and availability of blood lead level screening for children under
seven. The notice should also point out that if lead-based paint is found on the property,
abatement measures might be undertaken.
D. HISTORIC PRESERVATION
The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C 470) and the procedures set
forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection
of Historica] Properties, insofar as they apply to the performance of the Contract. In general,
concurrence from the State Historic Preservation Officer is required fOT all rehabilitation and
demolition of historic properties that are fifty years old or older or that are included, on a
Federal, state, or local historic property list.
XI. SEVERABILITY OF PROVISIONS
If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be
affected thereby if such remainder would then continue to conform to the terms and requiTements of
applicable law.
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XII. REVERSION OF ASSETS
Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG
funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds,
and any non-expendable peTsona] property that was purchased with CDBG funds. Any rea] property
under SUBRECIPIENT control that was acquiTed or improved in whole or in part with CDBG funds in
excess of Twenty-five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part
570.503(B)(8).
XIII. CONDITIONS FOR RELIGIOUS ORGANIZATIONS
CDBG funds may not be used for religious activities or provided to primarily religious organizations.
24 CFR 570.200(j) specifies the limitations on CDBG funds, and is herein incorporated by reference.
XIV. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of twenty-three (24) enumerated pages, which include the exhibits
referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an
original, and such counterparts will constitute one and the same instrument.
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XV. ENTIRE UNDERSTANDING
This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and
constitutes the entire understanding. The parties hereby acknowledge that there have been and are no
representations, warranties, covenants, or undertakings other than those expressly set forth herein.
WITNESS our Hands and Seals on this S day of
,20
FUN TIME EARLY CHILDHOOD ACADEMY
(SUBRECIPIENT SEAL)
(Opti onal)
BY: --1:2P1\;VI..o~
PETER MANION, CO-CHAIR
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Patricia Morgan, Deputy Clerk
BY:
JAMES COLETTA, CHAIRMAN
Jeffrey \lKl~zkow
Managinl A~sistant COU111y Attorney
1"
~
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Agenda Item No. 16023
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EXHIBIT "A"
SCOPE OF SERVICES
FUN TIME EARLY CHILDHOOD ACADEMY
SITE PREPERATlON
THE SUBRECIPIENT AGREES TO:
A. PROJECT DESCRIPTION:
Fun Time Early Childhood Academy proposes to allocate the CDBG funds towards Public Facility Site
Preparation at 102 12th Street North, Naples, FL, to be completed by June 2008.
B. PROJECT SCOPE:
The purpose of this funding is for site development of a parcel of land to support the construction of a
7,708 square foot modular unit which will house Fun Time Ear]y Childhood Academy, Inc. This
includes lot fill, site preparation (including any costs associated with Site Work, Paving, Utilities, Site
Clearing, Grading, Drainage, Site Civil Engineering Services, Permits, Landscaping, Storm Water
Retention, Sewer Lines, Site Deve]opment Plan and Design).
The Subrecipient will be responsible for the following:
a. Submission of documentation of match funds listed under Budget in Section C
provided within 30 days of execution date of agreement.
b. Posting of visible signage at the work site identifying the funding source as
mentioned in section VlI part F.
c. Submission of request for payment along with supporting documentation for
payment of services. No work can be initiated until all contract documents are
submitted and the contractors are certified as not being debarred.
d. Shall obtain a minimum of three bids for the work to be conducted, as well as
provide the Housing and Human Services Department with a copy of contracts,
which will include main contractor and sub-contractor information. We need
documentation explaining the bid process, a copy of bid opening minutes, and a
copy of the bid award letter.
e. Once the building is complete it will be required that the sub-recipient provide
proof of insurance including flood insurance to HHS within 90 days. Non receipt of
insurance will be considered a breach of this agreement.
NOTE 1: The SUBRECIPIENT shall submit its bid package and drawings/specifications to HHS and
obtain a letter of approval prior to bidding the construclion work.
NOTE 2: The SUBRECIPIENT shall prioritize the work in the Project, and shall bid such work in a
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Agenda Item No. 16023
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manner that would allow the receipt of itemized costs from biddeTs, which would then allow the award
of items that can be funded by the budget.
NOTE 3: The SUBREClPlENT shall not award the construction contract for the Project until
sufficient funding is available to complete the established scope of work. The SUBREClPIENT shall
obtain HHS' approval prior to awarding the construction contract to be funded through this agreement.
After awarding such contract the SUBREClPIENT shall obtain HHS' approval prior to executing any
change orders to such contract.
NOTE 4: The SUBRECIPIENT shall not request advancement from HHS for materials or equipment
received and stored on the project site or elsewhere. The SUBRECIPIENT shall only Tequest
advancement for materials and equipment that have been installed.
The SUBREClPIENT further agrees that HHS, in consultation with any parties HHS deems necessary,
shall be the final arbiter on the SUBREClPIENT's compliance with the above.
C.
BUDGET: Site Prep to Fun Time's New Facility
Eligible Activity:
Lot Fill, Site Preparation, Paving, Uti]ities,
Site Clearing, Grading, Drainage, Site Civil
Engineering Services, Permits, Landscaping,
Storm Water Retention, Sewer Lines, Site
Deve]opment Plan and Design.
All items under Exhibit A
Section B-Project Scope
CDBG Funds
Other.
(CDBG Funds)
$250,000.00
(Matching Funds)
$1,972,000.00
TOTAL PROJECT COST
$2,222,000.00
Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs
are charged, the SUBREClPIENT, as SUBRECIPIENT, will develop an indirect cost allocation plan
for determining the appropriate SUBREClPIENT's share of administrative costs and shall submit such
plan to HHS, on behalf of the COUNTY, as the Grantee, for HHS's approval, in a form specified by
HHS. In addition, HHS may require a more detailed budget breakdown than the one contained herein,
and the SUBREClPIENT shall provide such supplementary budget information in a timely fashion in
the form and content prescribed by HHS. Any amendments to this budget must be approved in
writing by HHS and the SUBREClPIENT.
D. STAFFING: Provide list of staff directly responsible for reporting and request for payment processing.
E. BONDING REOUIREMENTS: The SUBREClPIENT shall comply with the requirements of OMB
Circular A-II0 (Uniform Administrative Requirement for Federa] Grants) and 24 CFR Part 84 in
regard to any bid guarantees, performance bonds, and payment bonds.
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Agenda Item No. 16023
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F. CONSTRUCTION PAYMENT RETAINAGE: The SUBRECIPIENT shall apply a retainage of at
least 5% on all construction draws which retainages shall be released in conjunction with the final
draw upon satisfactory completion of the Project. The SUBRECIPIENT agrees not to release such
retainages until it has obtained approval from the COUNTY that the contractor and subcontractors
have complied with the requirements of the Davis-Bacon Act.
G. FORMER PROJECTS: Failure to adequately maintain any former CDBG funded project may result in
the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future
CDBG funds.
H. WORK SCHEDULE: The time frame for completion of the outlined activities shall be:
Milestone Deadline
50% ofProiect Comnlete Februarv 2008
100% ofProiect Comnlete June 15,2008
Please note that if any of these activities exceed the timelines by two months a revised work schedule
must be submitted to HHS.
I. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to HHS outlining
the status of specific activities under the project. Each report must account for the total activity for
which the SUBRECIPIENT is paid with CDBG funds, in part or in whole, and which is required in
fulfillment of their obligations regarding the Project. The progress reports shall be submitted on the
form Exhibit "C". The progress reports shall be used as an additional basis for HHS's approval of
invoices, etc. for payment.
J. OUTCOME PERFORMANCE MEASUREMENTS:
OBJECTIVE OUTCOMES ACTIVITY INDICATORS
Suitable Living Sustainability Public Facility Number of Persons Using
Environment Facilitv
K. DAVIS-BACON ACT: The SUBRECIPIENT shall request the County to obtain a Davis-Bacon wage
decision for the proiect prior to advertising the construction work. The SUBRECIPIENT shall
incorporate a COpy of the Davis-Bacon wage decision and disclose the requirements of the Davis-
Bacon Act in its construction bid solicitation and sub-contract(s).
L. COMPENSA nON: The County shall pay the SUBRECIPIENT for the performance of this
Agreement upon completion or partial completion of the work tasks as accepted and approved by HHS
pursuant to the submittal of monthly progress reports as identified in Section 1. Payments shall be
made to the SUBRECIPIENT when requested as work progresses, but not more frequently than once
per month. Adherence to the work schedule identified in Section H will be required, unless modified in
writing by the parties. Payment will be made upon receipt of a proper invoice and in compliance with
Section 218.70, Fla. Stats., otherwise known as the "Florida Prompt Payment Act".
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EXHIBIT "B"
COLLIER COUNTY HOUSING AND HUMAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name:
Fun Time Earlv Childhood Academv. Inc.
Subrecipient Address:
1010 5th Avenue North. Naples. FL 34102
Project Name:
Public Facility Improvements -Infrastructure
Project No:
Payment Request #
Dollar Amount Requested: $
SECTION II: STATUS OF FUNDS
I. Grant Amount A warded
$
250,000
2. Sum of Past Claims Paid on this Account
$
3. Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account
4. Amount of Previous Unpaid Requests
$
$
5. Amount of To day's Request
$
6. Current Grant Balance (Initial Grant Amount Awarded
Less Sum of all requests)
7. If applicable amount held as retainage to date
by the County, ifnot retained by the sub-recipient
$
$
I certify that this request for payment has been drawn in accordance with the terms and conditions of the
Agreement between the County and us as the Sub-recipient. I also certify that the amount of the Request for
Payment is not in excess of current needs.
Signature
Date
Title
Authorizing Grant Coordinator
Supervisor
Dept Director
(approval authority under $14,999)
(approval required $15,000 and above)
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EXHIBIT "c"
CDBG MONTHLY PROGRESS REPORT
Complete form for past month and submit to Housing & Human Services staff by the 1 (/h of the following
month.
Status Report for Month of
Submittal Date:
Project Name Fun Time Earlv Childhood Academv Site Prep
Project Number Activity Number
Subrecipient: Fun Time Earlv Childhood Academv
Contact Person Peter Manion. Co-Chair
Telephone:
239-513-1098
Fax: (239)
E-mail:
manionnl(ciJ,comcast.net
1. Activity Status/Milestones (describe any action taken, relating to this project, during the past month):
2. What events/actions are scheduled for the next two months?
3. Describe any affirmative marketing you have implemented regarding this project. Please list and
attacb any recent media coverage of your organization relating to tbis project.
4. List any additional data relevant to tbe outcome measures listed on tbe application for this project.
5. Identify any potential issues tbat may cause delay.
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6. New contracts executed this month (if applicable):
Name of Contractor or Amount Contractor Race Ethnicity
Subcontractor, Address & of Federal (see (see
Phone Number Contract ID definitions definitions
Number on following on following
page) page)
7. For projects that serve a particular clientele1 please complete the following information
by entenng the appropriate number in the blanK spaces and in the chart below. Complete
tlie below chart tor NEW clients served this month. DO NOT DUPLICATE chents
served in previous months. You m~y_provide data by either households or persons served.
However, ifone person received TWO services this counts as TWO SERVICE UNITS:
TOTAL BENEFICIARIES
This project benefits households or persons. Please circle one category (either
"households" or "persons"). Enter the number of beneficiaries in the blank space and in box
"J."
INCOME
Of the households or persons assisted, are extremely low-income income (0-30%)
of the current Median Family Income (MFI). Enter this number in box "2. "
Of the households or persons assisted, are yery low-income (31-50%) of the
current Median Family Income (MFI). Enter this number in box "3. "
Of these households or persons assisted, are low-income (51-80%) of the current
Median Family Income (MFI). Enter this number in box "4. "
NOTE: The total of boxes 2, 3 and 4 should equal the number in box 1.
FEMALE HEAD OF HOUSEHOLD
Fun Time Early Childhood Academy
Site Preparation
Page 22 of 24
Agenda Item No. 16023
October 23, 2007
Page 24 of 26
This project assisted Female Head of Households REGARDLESS of income.
Enter this number in box "5" below.
BOX I BOX 2 BOX 3 BOX 4 BOX 5
Total Number Extremely Very Low Income Female Head
of Households Low Income Low (51-80%) of Household
or Persons (0-30%) Income
Assisted (31-50%)
Subrecipients must indicate total beneficiaries for Race AND Ethnicitv
Definitions of Race:
1. White: A person having origins in any ofthe original peoples of Europe, the Middle
East, or North Africa.
2. Black or African-American: A person having origins in any of the black racial
groups of Africa.
3. Asian: A person having origins in any of the original peoples of the Far East,
Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China,
India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and
Vietnam.
4. American Indian or Alaska Native: A person having origins in any of the original
peoples of North and South America (including Central America), and who
maintains tribal affiliation or community attachment.
5. Native Hawaiian or Other Pacific Islander: A person having origins in any of the
original people of Hawaii, Guam, Samoa, or other Pacific Islands.
Definitions of Ethnicity:
Fun Time Early Childhood Academy
Site Preparation
Page 23 of 24
Agenda Item No. 16023
October 23, 2007
Page 25 of 26
1. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central
American, or other Spanish culture or origin, regardless of race.
Tabulation Table of Race and Ethnicitv Beneficiaries
Race # Total 11- Hlspamc
Whi te
Black or African American
Asian
American Indian or Alaskan Native
Natiye Hawaiian or Other Pacific Islander
American Indian/Alaska Native and White
Asian and White
Black/African American and White
American Indian! Alaskan Native and Black/African
American
Other Multi-Racial
TOTAL:
Fun Time Early Childhood Academy
Site Preparation
Page 24 of 24
.....ctgt:: I Ul I
Agenda Item No. 16D23
October 23, 2007
Page 26 of 26
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16D23
Meeting Date:
Recommendation that the Board of County Commissioners approves, and authorizes its
Chairman to sign, a Subrecipient Agreement providing a Community Development Block
Grant in ttle amount of $250,000 to Fun Time Early Childhood Academy, Inc., for site
development in preparation for construction of a new Fun Time Early Childhood Academy
within the George Washington Carver and River Park communities in the City of Naples.
10/23f2007 9:00:00 AM
Item Summary:
Prellared By
Sandra Marrero
Grants Management Coordinator
Date
Public Services
HOllsing & Human Services
10/5f2007 4:23:32 PM
Approved By
Marcy Krumbine
Director
Date
Public Services
Housing & Human Services
10/5/20077:16 PM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
10J8/2007 8:21 AM
Approved By
Marlene J. Foord
Grants Coordinator
Date
Administrative Services
Administrative Services Admin.
10/8f2007 9:32 AM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
10/10/200712:18 PM
Approved By
OMS Coordinator
Applications Analyst
Date
Administrative Services
Informatioll Technology
10/10/20072:13 PM
AI)proved By
Sherry Pryor
Management & Budget Analyst
Date
County Mal1<lger's Office
Office of M<llliiyement & Budget
10/10/20074:46 PM
AIJproved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
10f10f2007 5:03 PM
Appru\'cd By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
10/14/200711 :57 AM
Agenda Item No. 16024
October 23, 2007
Page 1 of 25
EXECUTIVE SUMMARY
Recommendation tbat the Board of County Commissioners approves, and autborizes its
Chairman to sign, a Subrecipient Agreement providing Disaster Recovery Initiative (DRI)
fnnding in the amount of $124,923.00 to the Collier County Housing Development
Corporation for purcbase and installation of two back-up generators for the sewer lift
station and the water treatment plant in Copeland.
OBJECTIVE: Collier County Housing Development Corporation (CCHDq proposes to
coordinate the purchase and installation of two back-up generators to be used at the sewer lift
station and water treatment plant located in the small rural village of Copeland.
CONSIDERATIONS: Funding in the amowlt of $124,923.00 has been awarded for the
purchase and installation two back-up generators for the sewer lift station and water treatment
plant in Copeland. In the aftermath of Hurricane Wilma, residents of Copeland were without
sewer and water services for several days due to the loss of electricity, and the cost of the
generators and their installation is not eligible for insurance or FEMA reimbursement.
The Board of County Commissioncrs approved six projects to be funded with a Disaster
Recovery Grant Application on September 12, 2006 and accepted and signed the contract for
$2.3 million in DR! funding with the Department of Community Affairs on May 22, 2007. This
project is one of the six projects previously approved.
FISCAL IMPACT: Approval of this contract will provide a Disaster Recovery Initiative
funding in the amount of$124,923.00 to Collier County Housing Development Corporation for
the purchase of back up generators. No general funds will be used for these projects.
GROWTH MANAGEMENT IMPACT: The proposed grant to the Collier County Housing
Development Corporation will benefit the low-income residents of Copeland, which is consistent
with the Growth Management Plan.
LEGAL CONSIDERATIONS: The proposed Agreement is a standard HUD/Community
Development Block Grant (CDBG) Subrecipient Agreement form in use in Collier COWlty since
2001. -J.A.K.
RECOMMENDATION: That the Board of County Commissioners approves and authorizes its
Chairman to sign a Subrecipient Agreement providing a $124,923.00 grant to the Collier County
Housing Development Corporation for the purchase and installation of back-up generators at the
sewer lift station and the water treatment plant in Copeland using Florida Department of
Community Affairs in Community Development Block Grant funds.
Prepared by: Sandra Marrero, Grants Management Coordinator
Housing and Human Services Department
---
Agenda Item No. 16024
October 23, 2007
Page 2 of 25
AGREEMENT BETWEEN COLLIER COUNTY
AND
COLLIER COUNTY HOUSING DEVELOPMENT CORPORATION
HURRICANE HARDENING - COPELAND
Florida Administrative Code 9BER06-1
CFDA # 14.228
THIS AGREEMENT, is entered into this
day of
, 20_, by and between Collier
County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", and "Collier
County Housing Development Corporation," a private not-for-profit corporation existing under the laws of the
State of Florida, having its principal office at 4779 Enterprise Avenue. Naples, FL 34104 and its Federal Tax
Identification number as 38-3695928, hereinafter referred to as "SUBRECIPIENT."
WHEREAS, the COUNTY has entered into an agreement with the State of Florida, Department of
Community Affairs; and
WHEREAS, Pursuant to the aforesaid agreement COUNTY is undertaking certain activities to primarily
benefit very low and low income persons by addressing hUlTicane impacted housing public facility and
community development needs; and
WHEREAS, The Board of County Commissioners of Collier County approved the Collier County Agreement
with the Florida Department of Community Affairs for $2,339,882 in Community Development Block Grant
Disaster Recovery Initiative funds relating to Hurricane Wilma with Resolution 2007-144 on May 23, 2007,
and
WHEREAS, the COUNTY and the SUBRECIPEINT desire to provide the activities specified in Exhibit A of
this Agreement, in accord with the approved 2005 Disaster Recovery Subgrant Agreement; and
WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the
Disaster Recovery Initiative (DR!) Program as a valid and worthwhile County purposes.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed
CCHUC
Hurricane Hardening-Copeland
Page 1 of 23
Agenda Item No. 16024
October 23, 2007
Page 3 of 25
by the Patiies as follows:
1. DEFINITIONS
(1) "COUNTY" means Collier County, and where applicable, it's authorized representative(s).
(2) "CDBG" means the Community Development Block Grant Program of Collier County.
(3) "HHS" means the Housing and Human Services Department of Collier County.
(4) "SUBRECIPIENT" means Collier County Housing Development Corporation (CCHDC)
(5) "HHS's Approval" means the written approval of the Housing and Human Services
Depatiment or designee.
(6) "HUD" means the Secrctary of the U.S. Dcpartment of Housing and Urban Development or a
person authorized to act on its behalf.
(7) "Low and modcrate income persons" means the definition set by HUD.
(8) "Project" means the work contemplated to be perfonned as set forth in Exhibit "A".
(9) "DRI" means Disaster Recovery Initiative Program
(10) "DCA" means Florida Departmcnt of Community Affairs
II. SCOPE OF SERVICES
The SUBRECIPIENT shall, in a satisfactory and proper manner, as detennined by HHS, perform the tasks
necessary to conduct the prob'Tam outlined in Exhibit "A," and shall submit each request for reimbursement
using Exhibit "B" along with the monthly submission of Exhibit "C," all of which are attached hereto and
made a part hereof.
IlL TIME OF PERFORMANCE
The effective date of this Agreement and all rights and duties designatcd hereunder are contingent upon the
timely release of funds for this project by DCA under Agreement No. 07DB-3V-09-21-01-Z 01. The effcctivc
date shall be the latest date of execution of this Agreement, and the services of the S UBRECIPIENT shall be
undertaken and completcd in light of the purposes of this Agreement. In any event, all services required
hereunder shall be completed by the SUBRECIPIENT prior to April 30, 2009. Any funds not obligated by the
expiration date of this Agreemcnt shall automatically revert to the COUNTY, as set forth in Part VIII F (e),
atld Part VIII H below.
IV. CONSIDERATION AND LIMITATION OF COSTS
The SUBRECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY and DCA,
in an amount not to exceed One Hundred Twcnty-four Thousand Ninc Hundred Twenty-three Dollars
($124,923) for the services described in Exhibit "A."
All improvements specified in Exhibit "A" shall be perfonned by SUBRECIPIENT employees, or shall be put
out to competitive bidding under a procedure acceptable to the COUNTY and federal/state requirements. The
SUBRECIPIENT shall entcr into contract for improvements with the lowest responsive and responsible
bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY,
which shall have access to all records and documents relatcd to the project.
V. NOTICES
CCHDC
Hurricane Hardening-Copeland
Page 2 of 23
Agenda Item No. 16024
October 23, 2007
Page 4 of 25
All notices required to be given under this Agreement shall be sufficient when delivered to HHS at its office,
presently located at 3050 North Horseshoe Drive, Suite 110, Naples, Florida 34104, and to the
SUB RECIPIENT when delivered to its office at the address listed on page one (I) of this Agreement.
VI. SPECIAL CONDITIONS
The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part
570 of the Housing and Urban Development regulations concerning Community Development Block Grants
(CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT
further agrees to utilize funds available under this Agreement to supplement rather than supplant funds
otherwise available for specified activities.
COUNTY is bound by the Federally Funded 2005 Disaster Recovery Sub grantee Agreement, executed by the
State of Florida and COUNTY to rcquire SUBRECIPIENT to acknowledge the following, as applicable:
I. SUBREClPIENT acknowledges that it will adhere to all applicable terms of the Federally Funded 2005
Disaster Recovery Subgrantee Agreement, executed between the State of Florida and COUNTY as
outlined in Attachment A: Program Guidelines;
2. SUBRECIPIENT acknowledges that it will adhere to all applicable State and Federal laws and
regulations;
3. SUBRECIPIENT acknowledges that the Florida Depaltment of Community Affairs and the COUNTY
shall be held halmless against all claims of whatever nature arising out of the SUBRECIPIENT'S
performance of work.
If needed, SUBRECIPIENT may be called upon to assist COUNTY during a natural disaster or emergency.
VII. GENERAL CONDITIONS
A. IMPLEMENTATION OF PROJECT ACCORDING TO REOUIRED PROCEDURES
The SUBREClPIENT shall implement this Ab'feement in accordance with applicable Federal,
State, and County laws, ordinances and codes and with the procedures outlined in HHS'
Policies and Procedurcs memoranda. The Fcderal, State, and County laws, ordinances and
codes are minimal regulations supplemented by more restrictive b'Uidelines set fOlth by HHS.
No payments will be made until approved by the HHS Department or designee.
Should a project receive additional funding after the commencement of this Agreement, the
SUBRECIPIENT shall notify HHS in writing within thirty (30) days ofreceiving notification
from the funding source and submit a cost allocation plan for approval by the HHS Department
or desib'11ee within forty-five (45) days of said official notification.
B. COMPLIANCE WITH LOCAL. STATE AND FEDERAL RULES, REGULATIONS AND
LAWS
During the perfOlmance of the Ab'feement, the SUBRECIPIENT agrees to comply with any
applicable laws, regulations and orders listed below which by reference are incorporated and
made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws,
1. 24 CFR Part 570, as amended - The regulations governing the expenditure of
Community Development Block Grant funds.
CCHOC
Hurricane Hardening-Copeland
Page 3 of 23
Agenda Item No. 16024
October 23, 2007
Page 5 of 25
2. 24 CFR Part S8 - The regulations prescribing the Environmental Review procedure.
3. 36 CFR Part 800 - The regulations outlining the procedures for the protection of
historic and cultural properties.
4. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil
Rights Act.
5. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
6. Exccutive Order 11246, as amended by Executive Orders 11375 and 12086 - which
establisbes hiring goals for minorities and women on projects assisted with federal
funds.
7. Title VII of the 1968 Civil Rigbts Act as amended by the Equal Employment
Opportunity Act of 1972 - which prohibits discrimination in employment.
8. 24 CFR 135 - Rei,'ulations outlining requirements of Section 3 of the Housing and
Urban Development Act of 1968, as amended.
9. Age Discrimination Act of 1973
10. National Flood Insurance Act of 1968
II. 24 CFR Part 130 - Regulations that prohibit discrimination in cmployment in federally
assistcd construction contracts.
12. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water
Pollution Acts.
13. Contract Work - Hours and Safe!)' Standards Act
14. Lead Based Paint Poisoning Preventive Act
15. Sectiou 504 of the Rehabilitation Act of 1973
16. Uniform Relocation Assistance and Rcal Property Acquisition Policies Act of 1970
17. 29 CFR Parts 3, 5 and Sa - Regulations which prcscribe the paymcnt of prcvailing
wagcs and the use of apprentices and trainees on federally assisted projects as mandated
by the Davis-Bacon Act. HUD Form 4010, which describes the Davis-Bacon Act, is
included as patt of this ai,'feement and must be included in all construction contracts
funded by CDBO. See attachmcnt A-3.
CCHDC
Hurricane Hardening-Copeland
Page 4 of 23
Agenda Item No. 16024
October 23, 2007
Page 6 of 25
18. Revised Order Number 4 - Regulations that establish guidelines for the
implementation of Executive Order 11246 as amended by Executive Orders 11375 and
12086.
19. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in
fcderally assisted projects.
20. Executive Order 11625 aud U.S. Department of Housing and Urban Development
Circular Letter 79-45 - which prescribes goal percentages for participation of minority
businesses in Community Developmcnt Block Grant Contracts.
21. 29 CFR Part 3 - The Copeland Anti-Kickback Act (i 8 D.S.C. 874 and 40 U.S.C.
276c), which deals with employee forfeiture of compensation by force.
22. Florida Statutes, Chapter 112 - which deals with conflict of intcrest.
23. HUD - required reports, circulars, and procedures, such as the Grantee Performance
Report.
24. Public Law 100-430 - the Fair Housing Amendments Act of 1988.
25. 24 CFR 570, Subpart J - regulations covering standard Grant Administration
Procedures. These replace OMB Circular A-I02. This subpart includes 24 CFR
570.502.
26.0MB Circular A-133 - concerning annual audits.
27.0MB Circular A-122 - which identifies cost principles.
28. Section 109, Public Law 100-202 - which rcstricts the awarding of public works
contracts to firms from foreign countries with unfair trade practices.
29. 24 CFR Part 84 - OMB Circular A-IIO Codified in the Uniform Administrative
Requirements for Grants and Agreements With Institutions of Higher Education,
Hospitals and Other Non-Profit Organizations.
30. 24 CFR Part 85- OMB Circular A-I02 Codified in the Uniform Administrative
Requirements for Grants and Agreements to State and Local Governments.
31. Chapter 427, Florida Statutes - which requires the coordination transportation for the
disadvantaged.
32. Chapter 403.7065, Florida Statues - which refers to the procurcment of products or
matcrials with recycled content.
33. Cbapter 39.201, Florida Statutes - that any person who knows, or has reasonable
cause to suspect, that a child is abused, abandoned, or neglected by a parent, legal
custodian, caregiver, or other person responsible for the child's welfare, as defined in
CCHDC
Hurricane Hardening-Copeland
Page 5 of 23
Agenda Item No. 16024
October 23. 2007
Page 7 of 25
this chapter, shall report such knowledge or suspicion to the Central Abuse Hotline (1-
800-962-2873).
34. Chapter 415.1034, Florida Statutes - that any person who knows or has rcasonable
cause to suspect that a vulnerable and or disabled adult has becn abused, neglected, or
exploited, shall immediately report such knowledge or suspicion to the National Center
on Elder Abuse Hotline (1-800-902-2873).
35. Chapters 435.03 and 435.04, Florida Statutcs - that if any personnel in programs
under this contract work directly with children or youths and vulnerable or disabled
adults - employment screening is required.
36. Chaptcr 216.347, Florida Statutcs - prohibits the expenditure of contract funds for the
purpose of lobbying the legislature, state or county agencies.
C. SUBCONTRACTS
Any work or services subcontracted by the SUBRECIPlENT shall be spccifically by written
contract or agreement, and such subcontracts shall be subject to each provision of this
Agreement and applicable County, State, and Federal guidelines and regulations. Plior to
execution by the SUBRECIPlENT of any subcontract hereundcr, such subcontracts must be
submitted by the SUB RECIPIENT to HHS for its review and approval, which will specifically
include a determination of compliance with the tcrms of the attached Work Program set forth
in Exhibit "A."
This review also includes ensuring that all consultant contracts and fee schedules meet the
minimum standards as cstablished by the Collier County Purchasing Department and HUD.
Subcontracts for architecture, engincering, survey, and planning shall be negotiated fixed fee
contracts. All additional services shall have prior written approval with support documentation
detailing categorics of persons performing work plus hourly ratcs including bcncfits, numbcr of
drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for
such services will be made at SUBRECIPlENT cost.
None of the work or serviccs covered by this Agrccmcnt, including but not limited to
consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by
the COUNTY without prior written approval of thc HHS Dcpartment or his designee.
D. AMENDMENTS
The COUNTY may, at its discretion, amend this Agreement to confOlm to changes required by
FcdcraI, State, County, or HUD guidclines, directives, and objectivcs. Such amendments shall
be incorporatcd by written amendment as a part of this Agreement and shall be subject to
approval of the COUNTY. Except as otherwise provided herein, no amendment to this
Agreement shall be binding on either party unIcss in writing, approved by the COUNTY and
signed by each Patiy's authorized representatives.
E. INDEMNIFICA nON
The SUBRECIPIENT shall protect, defend, rcimburse, indcmnify and hold the COUNTY, its
agents, its employees and elected officers harmless from and against any and all claims,
liability, expense, loss, cost, damages or causes of action of cvery kind or character, ineludll1g
attorney's fces and costs, whether at tlial or appellate levels or otherwise, arising during the
CCHDC
Hurricane Hardening-Copeland
Page 6 of 23
Agenda Item No. 16024
October 23, 2007
Page 8 of 25
performance of the tenns of this Agreement, or due to the acts or omissions of the
SUBREClPIENT.
SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or
applications thereof, shall apply to the fullest extent permitted by law. The SUB RECIPIENT
will hold the COUNTY harmless and will indemnify the COUNTY for funds, which the
COUNTY is obligated to refund the Federal Government arising out of the conduct of activities
and administration of SUBREClPIENT.
F. GRANTEE RECOGNITION
All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as
to funding source. 111e SUBREClPlENT will include a reference to the financial support herein
provided by HHS in all publications and publicity. In addition, the SUBRECIPIENT will make
a good faith effort to recognize HHS, State and Fedcral support for all activities made possible
with funds made available under this Agreement. The SUBRECTPIENT will mount a
temporary construction sign for projects funded by HHS. This design concept is intended to
disseminate key infonnation regarding the developmcnt tcam as wcll as Equal Housing
Opportunity to the general public. This signs construction utilizes a minimum conventional
4'X8" plywood back panel and other conventional construction materials and methods.
G. TERMINATION
In event of tennination for any of the following reasons, all finished or unfinished documents,
data studics, surveys, drawings, maps, models, photographs, reports prepared, and capital
equipment secured by the SUBREClPIENT with funds under this Agreement shall be returned
to HHS or the COUNTY. In the event of termination, the SUBRECIPIENT shall not be
relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any
brcach of the Contract by the SUBRECIPIENT, and the COUNTY may withhold any payment
to the SUBRECIPIENT for set-off purposes until such time as thc cxact amount of damages
due to the COUNTY from the SUB RECIPIENT is detennined.
1. TERMINATION FOR CAUSE
If through any cause either pmiy shall fail to fulfill in timely and proper manner its obligations
under this Agrecment, or if either party shall violate any of the covenants, agreements, or
stipulations of this Agrecment, either party shall thereupon have the right to tcrminate this
Agreement in whole or part by giving written notice of such termination to the other party and
specifying therein the effective datc of tennination.
2. TERMINA TlON FOR CONVENIENCE
At any time during the term of this Ah'reement, either party may, at its option and for any
reason, terminate this Agreement upon ten (10) working days written notice to the other party.
Upon telwination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant
to this Agreement through and including the date of termination.
3. TERMINATION DUE TO CESSATION
In the event the grant to the COUNTY under Title I of the Housing and Community
Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be
suspended or tenninated effective on the date that HUD or DCA specifies.
CCHDC
HUlTicane Hardening-Copeland
Page 7 of 23
Agenda Item No. 16024
October 23, 2007
Page 9 of 25
H. INSURANCE
The SUB RECIPIENT agrees this coverage shall be provided on a primary basis.
1. COMMERCIAL GENERAL LIABILITY
The SUB RECIPIENT shall agree to maintain Commercial General Liability at a limit of
liability not less than $ 100,000 per person and $200,000 per accident/occurrence per FIOlida
Statutes 9 768.28 and $2,000,000 per accident for federal and outside Florida litigation per
Florida Statutes S 768.28. Coverage shall not contain any cndorsemcnt excluding Contractual
Liability or Cross Liability unless granted by the County's Risk Management Department. The
SUBRECIPIENT agrees this coverage shall be provided on a primary basis.
2. BUSINESS AUTOMOBILE LIABILITY
The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of
liability not less than $ 1 OO,()OO per person and $200,000 per accident/occUlTence per Florida
Statutes S 768.28 and $2,000,000 per accident for federal and outside Florida litigation per
Florida Statutes S 768.28 for all owned, non-owned and hired automobiles. The
SUBRECIPIENT shall agree to maintain physical damage covcrage for a peliod not less than
10 years with deductiblcs not excecding $1000 for Comprehcnsi ve and Collision. Collier
County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The
SUBRECIPIENT shall agree to be fully responsible for any deductibles, self-insured retcntion
or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary
basis.
3. ADDITIONAL INSURED
The SUB RECIPIENT shall agree to endorse the COUNTY as an Additional Insured with a CG
2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to
the Commercial General Liability. Thc Additional Insured cndorsemcnt shall rcad "CollieJ:
Countv Board of Countv Commissioners. a Political Subdivision of the State of Florida. its
Officers. Emplovees. and AQents. c/o HousinQ & Human Services Department". The
SUBRECIPIENT shall agree thc Additional Insured endorsements provide covcrage on a
primary basis.
4. CERTIFICA TE OF fNSURANCE
The SUBRECIPIENT shall agrce to deliver to the COUNTY a certificatc(s) of insurance
evidencing the required insurance is in full force and effect within thirty (30) calendar days
prior to the execution of this Agrcement by the COUNTY. A minimum thitiy (30) day
cndeavor to notify due to cancellation or non-renewal of coverage shall be included on the
celiificate(s).
5. RIGHT TO REVIEW AND ADJUST
The SUBRECIPIENT ai,'1'ecs that the COUNTY, by and through its Purchasing or Risk
Management Depmiment, in cooperation with the HHS Depaliment, reserves the right to
periodically review, modify, reject or accept any required policies of insurance, including
limits, coverage's, or endorsements, herein from time to time throughout the life of this
Agreement. The COUNTY rcscrves the right, but not the obligation, to review and reject any
insurer providing coverage because of its poor financial condition or failure to operate legally.
CCHOC
Hurricane Hardening-Copeland
Page 8 of 23
Agenda Item No. 16024
October 23, 2007
Page 10 of 25
I. INDEPENDENT AGENT AND EMPLOYEES
The SUBRECIPIENT agrees that, in all matters relating to this Agreement, it will be acting as
an independent agent and that its employees are not Collier County employees and are not
subject to the COUNTY provisions of the law applicable to County employees relative to
employment, hours of work, rates of compensation, leave, unemployment compensation and
employee benefits.
VIII. ADMINISTRATIVE REOUlREMENTS
A. FINANCIAL MANAGEMENT
The SUBRECIPIENT agrees to comply with OMB Circular A -110 (Uniform Administrative
Requirements for Grants and Agreements with Institutions of Highcr Education, Hospitals and
other Non-Profit Organizations) and agrees to adhere to the accounting principles and
procedures required therein, utilize adequate internal controls, and maintain necessary source
documentation for all costs incurred.
B. DOCUMENTATION AND RECORD - KEEPING
1. The SUBRECIPIENT shall maintain all records required by the CDBG Federal
Regulations.
2. All reports, plans, surveys, information, documents, maps, and other data procedures
developed, prepared, asscmbled, or completed by the SUBRECIPIENT for the purpose
of this A~,'Teement shall be made available to the COUNTY by the SUBRECIPIENT at
any time upon requcst by thc COUNTY or HHS. Upon completion of all work
contemplated under this Agreement copies of all documcnts and records relating to this
Agreement shall be sun'endered to HHS ifrequested. In any event the SUBRECIPIENT
shall kccp all documents and records for five (5) years after expiration of this
Agreement.
3. The SUB RECIPIENT shall submit reports as required to assist the COUNTY in the
preparation of HUD Labor Relations, WBE/MBE, Equal OpPoliunity Employment, and
HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi).
4. SUBRECIPIENT shall submit monthly beneficiary repOlis to HHS using Exhibit "C".
5. The SUBRECIPIENT shall maintain records showing compliance with the Davis-
Bacon Law, including files containing contractor payrolls, employee interviews, Davis-
Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall
maintain records showing contractor compliance with the Contract Work Hours and
Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing
compliance with federal purchasing requirements and with other federal requirements
for grant implementation.
C. PURCHASING
All purchasing for services and goods, including capital equipment, shall be made by purchase
order or by a written contract and in conformity with the procedures prcscribed by the Federal
Management Circulars A-lIO, A-122, 24 CFR Pali 84, and 24 CFR Part 85, which are
incorporated herein by reference.
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Agenda Item No. 16024
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Page 11 of 25
D. REPORTS. AUDITS. AND EVALUATIONS
Reimbursement will be contingent on the timely receipt of complete and accurate reports
required by this A!,'Teement, and on the resolution of monitoring or audit findings identified
pursuant to this Agrecment.
E. ADDITIONAL HOUSING & HUMAN SERVICES. COUNTY, DCA. AND HUD
REOUIREMENTS
HHS shall have the right under this Agreement to suspend or tenninate reimbursement until the
SUBRECIPIENT complies with any additional conditions that may be imposed by HHS, the
COUNTY, DCA or HUD at any time.
F. PRIOR WRITTEN APPROVALS-SUMMARY
The following activities require thc prior written approval of the HHS Department or designee
in order to be eligible for reimbursement.
(a) All subcontracts and a!,'Tcements proposed to be entered into by the SUBRECIPIENT
pursuant to this Agreement;
(b) All capita] equipmcnt expenditurcs of $1,000 or more;
(c) All out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes,
Chapter 1 ] 2.061 );
(d) All change orders; and
(e) All requests to utilize uncommitted funds after the expiration of this a!,'Teement for
programs described in Exhibit A, and
(f) All ratcs of pay and pay increases paid out of DR I funds, whcthcr for merit or cost of
living.
G. AUDITS AND INSPECTIONS
At any time during nonnal business hours and as often as HHS, the COUNTY, DCA, HUD. or
the Comptroller General of the Uniled Statcs may deem nccessary, there shall be made
available by the SUBRECIPIENT to HHS, the COUNTY, DCA, HUD, or the Comptroller
General for examination all its records with respect to all matters covered by this Agrccmcnt.
The SUBRECIPIENT agrees to comply with the provisions of thc Single Audit Act of 1984, as
amended, as it pcrtains to this A!,'Teement and any subcontracts entered into under this
Agreement. This will require the SUBRECIPIENT to submit a single audit, including any
management letter, made in accordance with the gencral pro!,'Tam requirements of OMB
Circulars A-IIO (Unifonn Administrative Requirement for Federal Grants), A-122 (Cost
Principlcs for Non.Pro!it Organizations), A-133 (Audits of State, Local Govemments, and
Non-Profit Organizations), and other applicable rc!,'Ulations within onc hundred and eighty
(180) days aftcr the end of any fiscal year covered by this a!,'Teement in which Federal funds
from all sources are expended. Said audit shall bc made by a Cctiified Public Accountant of the
SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to HHS. In the
event the SUBRECIPIENT anticipates a delay in producing such audit or audited financial
statemcnts, the SUBRECIPIENT shall request an extcnsion in advancc of the deadline. The
cost of said audit shall be bome by the SUBRECIPIENT. In the cvcnt the SUBRECIPIENT is
exempt from having an audit conducted under A-133 (Audits of State, Local Govemments, and
CCHDC
Hurricane Hardening-Copeland
Page 10 of23
Agenda Item No. 16024
October 23, 2007
Page 12 of 25
Non-Profit Organizations), the COUNTY reservcs the right to rcquirc submission of audited
financial statements and/or to conduct a "limited scope audit" of the SUBRECIPIENT as
defined in A-l33. The COUNTY will be responsible for providing technical assistance to the
SUBREClPIENT, as deemed necessary by the COUNTY.
H. PROGRAM-GENERATED INCOME
All income earned by the SUB RECIPIENT from activities financed in whole or in part by
funds provided hereunder must be reported to HHS. Such income would include, but not be
limited to, income from service fccs, sale of commodities, and rental or usage fees. The
SUBRECIPIENT shall report its plan to utilize such income to HHS, and said plan shall
require the prior written approval of the HHS Department or designee. Accounting and
disbursement of such income shall comply with OMB Circular A-II 0 (Uniform Administrative
Requirement for Federal Grants) and other applicable regulations incorporated herein by
reference.
In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for DRl funds
may be retained by the Agency. Prol,'Tam Income shall be utilized to undertake activities
specified in "Exhibit A" of this Agreement, and all provisions of this AI,'Teement shall apply to
stated activities. Any Program Income on hand at or received by the SUBRECIPIENT or its
sub-contractors after the expiration of this Agrcement shall be returned to the COUNTY no
later than thirty (30) clays after such cxpiration, subject to any SUBREClPIENT requests to
utilize uncommitted funds.
1. GRANT CLOSEOUT PROCEDURES
SUBRECIPlENT obligation to the COUNTY shall not encl until all closeout requirements are
completed. Activitics during this closeout period shall include, but not limited to; making final
payments, disposing of program assets (including the retUl11 of all unused materials, equipment,
unspent cash advances, program income balances, and receivable accounts to the COUNTY),
and clctcrmining the custodianship of rccords.
IX. OTHER PROGRAM REOUlREMENTS
A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT agrees that no pcrson shall on the ground of race, color, disability,
national origin, religion, age, familial status, or scx be excluded from the benefits of, or be
subjected to, discrimination under any activity can-ied out by the performance of this
Agreement. Upon receipt of evidence of such discrimination, the COUNTY shall have the right
to terminate this Agreement.
To the greatest extent feasible, [ower-income residents of the project areas shall be given
opportunities for training and employment; and to the greatest feasible extent eligible business
concems located in or owned in substantial part by persons residing in the project areas shall be
awarded contracts in connection with the project. The SUBRECIPlENT shall comply with the
Section 3 Clause of the Housing and Community Development Act of 1968.
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Agenda Item No. 16024
October 23, 2007
Page 13 of 25
B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS
ENTERPRISES
In the procurement of supplies, equipment, construction, or services to implement this
Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and
minOlity/women-owned business enterprises of supplies and services, and provide these
sources the maximum feasible opportunity to compete for contracts to be performed pursuant to
this Agreement. To the maximum extent feasible these small business and minority/women-
owned business enterprises shall be locatcd in or owned by residents of the CDBGareas
designated by Collier County in the Annual Consolidated Plan approved by HUD.
C. PROGRAM BENEFICIARIES
At least fifty-one percent (51 %) of the beneficiaries of a projcct funded through this Agrecment
must be very low and low income persons. If the project is located in an cntitlement city, as
defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the
beneficiaries directly assisted through the use of funds under this Ab'feemcnt must rcside in
unincorporated Collier County or in municipalities participating in the County's Urban County
Qualification Program. The project funded under this Agrecmcnt shall assist beneficimies as
defined above for the time period designated in Exhibit A of this Ab'rcement. The
SUBRECIPIENT shall provide written verification of compliance to HHS upon HHS' request.
D. EVALUATION AND MONITORING
The SUBRECIPlENT agrees that HHS will CatTY out pcriodic monitoring and evaluation
activities as dctcnnined necessary by HHS or the COUNTY and that the continuation of this
Agrccment is dependent upon satisfactory evaluation conclusions based on the terms of this
Agreement, comparisons of planned versus actual progress relating to project scheduling,
budgets, audit repOlis, and output measures. The SUBRECIPIENT agrees to furnish upon
request to HHS, the COUNTY or the COUNTY's designees and make copies or transcriptions
of such records and inf0l11lation, as is detcnnined necessary by HHS or the COUNTY. Thc
SUBREClPIENT shall, upon thc rcquest of HHS, submit infonnation and status repotis
required by HHS, the COUNTY or HUD on fonns approved by HHS to enable HHS to
evaluate said progress and to allow f(lr completion of repolis required HHS by HUD. The
SUBRECIPlENT shall allow HHS or HUD to monitor the SUBRECIPIENT on site. Such site
visits may be schcduled or unscheduled as detern1ined by HHS or HUD.
E. CONFLICT OF INTEREST
The SUB RECIPIENT covenants that no person who presently cxercises any functions or
responsibilitics in connection with the Project, has any personal financial interest, direct or
indirect, in the target areas or any parcels therein, which would conflict in any manl1cr or
degree with the perfonnance of this Ab'Teement and that no pcrson having any conflict of
interest shall be employed by or subcontracted by the SUBREClPIENT. Any possible conflict
of interest on the pmi of the SUBRECIPIENT or its employees shall be disclosed in writing to
HHS provided, however, that this paragraph shall be intel1Jreted in such a manner so as not to
unreasonably impede the statutory requirement that maximum oppotiunity be provided for
employment of and participation of low and moderate-incomc residents of the project target
arca.
F. PUBLIC ENTITY CRIMES
As provided in F.S. n7.133 by entering into this Agreement or perfOlming any work in
furtherance hereof, the SUBRECIPIENT celiifies that it, its affiliates, suppliers, subcontractors
and consultants who will perform hereunder, have not been placed on the convicted vendor list
CCHOC
Hurricane Hardening-Copeland
Page 12 of23
Agenda Item No. 16024
October 23, 2007
Page 14 of 25
maintained by the State of Florida Department of Management Services within the 36 months
immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a).
G. DRUG-FREE WORKPLACE REOUIREMENTS
The SUBRECIPlENT, as a condition of being awarded, must certify that they will provide
drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.c.
701) and with HUD's rules at 24 CFR Part 24, subpart F.
H. CERTIFICATION REGARDING LOBBYING
The undersif,,'ned certifies, to thc best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Mcmber of Congress, an officer or employee of Congress, or
an employee of a Mcmber of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, thc 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.
2. If any funds other 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 Mcmber of COnb'1'CSS, an officer or employee of Conb'1'ess, or an employee of a
Member of Congress in conncction with this Federal contract, b'Tant, loan, or
cooperative agreement, the undcrsigncd shall completc and submit Standard Fonn-LLL,
"Disclosure Form to RepOli Lobbying", in accordance with its instructions.
3. The undersigned shall require that the language of this celiification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative Ab'1'eements) and that all
SUBREClPIENTS shall certify and disclosc accordingly.
L REAL PROPERTY
Any real property acquired by the SUBREClPlENT for the purpose of carrying on the projects
stated herein, and approved by the COUNTY in accordance with the UnifOlm Relocation
Assistance and Real PropCliy Acquisition Policics Act of 1970 and 49 CFR 24.10 I, shall be
subject to the provisions of the CDBG Regulations including, but not limited to, the provisions
on use and disposition of property. Any real property within the SUBRECIPlENT control,
which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must
adhere to the CDBG Regulations at 24 CFR 570.505.
X. ENVIRONMENTAL CONDITIONS
A. AIR AND WATER
CCHDC
HUITicane Hardening-Copeland
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Agenda Item No. 16024
October 23, 2007
Page 15 of 25
The SUBRECIPlENT, as Subrecipient, agrees to comply with the following requirements
insofar as they apply to the perfonnance of the Contract:
1. Clean Air Act, 41 U.S,c., 7401, et seq.
2. Federal Water Pollution Control Act, as amended, 33 U.S.c. 1251, et seq., as amended,
1318 relating to inspection, monitoring, cntry, reports, and information, as well as other
requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant
to 40 C.F .R., Part 50, as amended.
B. FLOOD DISASTER PROTECTION
In accordance with the requirements of thc Flood Disaster Protection Act of 1973 (42 USC
4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as
having special flood hazards, flood insurance under the National Flood Insurance Pro!o'1'am is
obtained and maintained as a condition of financial assistance for acquisition or construction
purposes (including rehabilitation). If appropriate, a letter of map amendmcnt (LOMA) may be
obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood
Insurance.
C. LEAD-BASED PAINT
The Subrecipient a!o,rees that any construction or rehabilitation of residential structures with
assistance provided under this contract shall be subject to HUD Lead-Based Paint Regulations
at 24 CFR 570.608, 24 CFR Pati 25 and 24 CFR part 92.355. Such regulations pertain to all
HUD-assisted housing and requirc that all owncrs, prospective owners, and tenants of
properties constmcted prior to 1978 be properly notified that such properties may include lead-
based paint. Such notification shall point out the hazards of lead-based paint and explain the
symptoms, treatment and precautions that should be taken whcn dealing with lead-based paint
poisoning and the advisability and availability of blood lead level screening for children under
seven. The notice should also point out that if lead-based paint is found on the property,
abatemcnt mcasures might be undertaken.
D. HISTORIC PRESERVATION
The Subrecipient agrees to comply with the Historic Preservation requirements set fOlih in the
National Historic Preservation Act of )9(,6, as amcndcd (16 U.S.C 470) and the procedures set
fOlih in 36 CFR, Pati 800, Advisory Council on Historic Preservation Procedures for Protection
of Historical Properties, insofar as they apply to the perfOllTIanCe of the Contract. In general,
concurrence from the State Historic Preservation Officer is required for all rehabilitation and
demolition of historic propeliies that are fifty years old or older or that arc includcd, on a
Federal, state, or local historic property list.
Xl. SEVERABILITY OF PROVISIONS
If any provision of this Agreement is held invalid, the remainder of this Agrcement shall not be
affected thereby if such rcmainder would then continue to conform to the terms and requircments of
applicable law.
CCHDC
Hurricane Hardening-Copeland
Page 14 of23
Agenda Item No. 16024
October 23, 2007
Page 16 of 25
XI\. REVERSION OF ASSETS
Upon expiration of the Agreement, the SUBRECIPlENT shall transfer to the COUNTY any CDBG
funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds,
and any non-expendable personal property that was purchased with CDBG funds. Any real property
under SUBRECIPIENT control that was acquired or improved in whole or in part with CDBG funds in
excess of Twenty-five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part
570.503(B)(8).
XIII. CONDITIONS FOR RELIGIOUS ORGANIZATIONS
CDBG funds may not be used for religious activities or provided to primarily religious organizations.
24 CFR 570.200U) specifies the limitations on CDBG funds, and is herein incorporated by reference.
XIV. ATTACHMENT A
The SUB RECIPIENT shall agree to abide by the program guidelines as excerpted from the federally
funded 2005 Disaster Recovery Sub grantee Agreement executed by the State of Florida Department of
Community Affairs and Collier County, which are herein incorporated as "Attachment A".
XV. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of twenty-three (23) enumerated pages, which include the exhibits and
attachment referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed
to be an original, and such counterparts will constitute one and the same instlUment.
CCHUC
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Agenda Ilem No. 16024
October 23, 2007
Page 17 of 25
XV. ENTIRE UNDERSTANDING
This Agreement and its provisions merge any prior abcreements, if any, between the parties hereto and
constitutes the entire understanding. The pmiies hereby acknowledge that there have been and are no
reprcscntations, warranties, covenants, or undcrtakings other than thosc cxprcssly set forth herein.
WITNESS our Hands and Scals on this _day of
,200
COLLIER COUNTY HOUSING
DEVELOPMENT CORPORATION.
BY:
('/ ;!
-1i.L~ ' "/7:; -<-,7_7,"<-
KATHY PATTERSON, EXECUTIVE
DIRECTOR
(SUBRECIPIENT SEAL)
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Patricia Morgan, Deputy Clerk
BY
JAMES COLETTA, CHAIRMAN
form and
y:
atzkow
sistant County Attorney
CCHDC
Hurricane Hardening-Copeland
Page 16 of23
Agenda Item No. 16024
October 23, 2007
Page 18 of 25
EXHIBIT "A"
SCOPE OF SERVICES
COLLIER COUNTY HOUSING DEVELOPMENT CORPORA nON
HURRICANE HARDENING - COPELAND
THE SUBREClPIENT AGREES TO:
A. PROJECT DESCRIPTION:
Collier County Housing Development Corporation (CCHDC) proposes to coordinate the installation of
two (2) back-up generators for the sewer lift station and water treatment plant located in the small rural
village of Copeland.
B. PROJECT SCOPE:
Funding in the amount of One Hundred Twenty-four Thousand Nine Hundred Twenty-three dollars
($124,923) has been awarded for the purpose of installing two (2) back up generators for the sewer lift
station and water treatment plant. As a result of Hurricane Wilma and loss of power, the small village
residents of Copeland were without sewer and water services for several days after the stOlm.
Prevention and hardening activities are not eligible for insurance or FEMA reimbursement.
Final completion date for funded activity shall be no later then April 30,2009.
The Subrecipient will be responsible for thc following:
NOTE 1: The SUB RECIPIENT shall submit its bid package and drawings/specifications to HHS and
obtain a letter of approval prior to bidding thc construction work.
NOTE 2: The SUBRECIPIENT shall prioritize the work in the Project, and shall bid such work in
sealed bid manner that would allow the receipt of itemized costs from bidders, which would then
allow the award of items that can be funded by the budget. The SUBRECIPIENT shall require a bid
bond, 100% payment bond and 100'Yo perfonnance bond for any contract that exceeds $100,000.
NOTE 3: The SUBRECIPIENT shall not award the construction contract for the Project until
sufficient funding is available to complete the established scope of work. The SUBRECIPIENT shall
obtain HHS's approval prior to awarding the construction contract to be funded through this
agreement. The SUBRECIPIENT shall submit the name of the contractor to ensure the business is not
federally debarred. After awarding such contract the SUBRECIPIENT shall submit bid minutes to
HHS. HHS's approval is required prior to executing any change orders to such contract.
NOTE 4: The SUBREClPIENT shall not request advancement from HHS for materials or equipment
received and stored on the projcct site or clsewhcre. The SUBRECIPIENT shall only request
advancement for materials and equipment that have been installed.
ADDITIONAL Responsibilities are:
Develop contractual permission with the site owner to plaee the unit on the premises.
CCHDC
Hurricane Hardening-Copeland Page 17 of23
Agenda Item No. 16024
October 23, 2007
Page 19 of 25
Provide documents to the Copeland Civic Association and educate the community as to their
responsibilities for the maintcnance and ownership of the gcnerators.
Posting of visible signage at the work site identifying the funding source(s) as mentioned in section VII
part F.
c.
The SUBRECIPIENT further agrees that HHS, in consultation with any parties HHS deems necessary,
shall be the final arbiter on the SUB RECIPIENT's compliance with the above.
BUDGET: Hurricane Hardening - Copeland
Line Item:
Installation of generators, pcrmits and
other eligible associated costs
Project Delivery
DRI Funds
$112,431
$12,492
Total
$124,923
Any indircct costs charged must be consistent with the conditions of this Agreement. If indirect costs
are charged, the SUBRECIPIENT, as SUBRECIPIENT, will develop an indirect cost allocation plan
for determining the appropriate SUBRECIPIENT's share of administrative costs and shall submit such
plan to HHS, on behalf of the COUNTY, as the Grantee, for HHS approval, in a form specified by
HHS. In addition, HHS may require a more detailed budget breakdown than the one contained herein,
and the SUBRECIPIENT shall provide such supplementary budget infomlation in a timcly fashion in
the form and content prescribed by HHS. Any amendments to this budget must be approved in
writing by HHS and the SUBRECIPIENT.
D. STAFFING: Provide list of staff directly responsible for reporting and request for payment processing.
E. BONDING REOUIREMENTS: Thc SUBRECIPIENT shall comply with the requirements of OMB
Circular A-liD (Uniform Administrative Requirement for Federal Grants) and 24 CFR Part 84 in
regard to any bid guarantees, pcrf0l111ance bonds, and payment bonds.
F. CONSTRUCTION PAYMENT RETAINAGE: The SUBRECIPIENT shall apply a retain age of at
least 5% on all construction draws which retainages shall be released in conjunction with the final
draw upon satisfactory completion of the Project. The SUBRECIPIENT agrccs not to release such
retainages until it has obtained approval from the COUNTY that the contractor and subcontractors
have complicd with the requirements of the Davis-Bacon Act.
G. FORMER PROJECTS: Failure to adequately maintain any fomlcr CDBG/HOME/SHIP funded
project may result in the delay of processing reimbursement rcquests for ongoing activities or in the
forfeiture of future CDBG/HOME/SHIP/DRI funds.
H. WORK SCHEDULE: The time framc for completion of the outlined activities shall be:
Task ----.,.
End Date
Biddin" March, 2008
Start Installation Mav, 2008
50% comnleted January, 2009
100% comnletion ..-- ADriL 2009
CCHDC
Hurricane Hardening-Copeland
Page 18 of23
Agenda Item No. 16024
October 23, 2007
Page 20 of 25
Please note that if any of these activities exceed the timelines by two months a revised work schedule
must be submitted to HHS.
I. REPORTS: The ~UBR~C:I~IENT shall sub~it detailed monthly progress reports to HHS ~utlining
the status of speCific actIvItIes under the project. Each report must account for the total actIvity for
which the SUBREClPIENT is paid with DRI funds, in part or in whole, and which is required in
fulfillment of their obligations regarding the Project. The progress reports shall be submitted on the
form Exhibit "C". The progress reports shall be used as an additional basis for HHS approval of
invoices, etc. for payment.
J. DAVIS-BACON ACT: The SUBRECIPlENT shall request the County to obtain a Davis-Bacon wage
decision for the project prior to advertising the construction work. The SUBRECIPIENT shall
incorporate a copy of the Davis-Bacon wage decision and disclose the requirements of the Davis-
Bacon Act in its construction bid solicitation and sub-contract(s).
K. COMPENSATION: The County shall pay the SUBRECIPIENT for the performance of this
Agreement upon completion or partial completion of the work tasks as accepted and approved by HHS
pursuant to the submittal of monthly progress reports as identified in Section l. Payments shall be
made to the SUBRECIPIENT when requested as work progresses, but not more frequently than once
per month. Adherence to the work schedule identified in Section H will be required, unless modified in
writing by the parties. Payment will be made upon receipt of a proper invoice and in compliance with
Section 218.70, Fla. Stats., othelwise known as the "Florida Prompt Payment Act".
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Hurricane Hardening-Copeland
Page 19 of23
Agenda Item No. 15024
October 23, 2007
Page 21 of 25
EXHIBIT "B"
COLLIER COUNTY HOUSING AND HUMAN SERVICES
REQUEST FOR PA YMENT
Disaster Recovery Initiative
Subrecipient Namc: Collicr County Housing Development COllJoration ICCHDC)
Subrecipient Address: 4779 Enterprise Ave. Naples, FL 34104
Project Name: Hurricane Hardening - Copeland
Projcct No: DRI 05-03
Payment Request #
Dollar Amount Requestcd: $
STATUS OF FUNDS
I. Grant Amount Awarded
2. Sum of Past Claims Paid on this Account
$ 124,923.00
$
$
$
$
$
$
3. Total Grant Amount Awardcd Less Sum
Of Past Claims Paid on this Account
4. Amount of Previous Unpaid Requcsts
5. Amount of To day's Request
6. CUlTent Grant Balance (Initial Grant Amount Awarded
Less Sum of all requests)
7. If applicable amount hcld as retainage to date
by the County, if not rctained by the sub-recipient
I certify this request for payment has been drawn in accordance with the terms and conditions of the
Agrcement between the County and us as the Sub-recipient. I also certify that the amount of the Request for
Payment is not in excess of CUlTent needs.
Signature
Date
Title
Authorizing Grant Coordinator
Supervisor
Dcpt Director
(approval authority under $14,999)
(approval requircd $15,000 and above)
CCHDC
Hurricane Hardening-Copeland
Page 20 of 23
Agenda Item No. 16024
October 23, 2007
Page 22 of 25
EXHIBIT "C"
DRI MONTHLY PROGRESS REPORT
Complete form for past month and submit to Housing &Human Service's staff by the 1 r/" of the following
month.
Status Report for Month of
Submittal Date:
Project Name
Project Number DRl 05-03
Activity Number
Subrecipient:
Contact Person
Telephone: (239)
Fax: (239)
E-mail:
1. Activity Status/Milestones (describe any action taken, relating to this project, during the past month):
2. What events/actions are scheduled for the next two months?
3. Describe any affit'mative markcting you have implemented regarding this project. Plcase list and
attach any reccnt media coverage of your organization relating to tbis projcct.
4. List any additional data relevant to tbe outcome measures listed on the application for this project.
5. Identify any potential issues that may cause delay.
CCHUC
Hurricane Hardening-Copeland
Page 21 of23
Agenda Item No. 16D24
October 23. 2007
Page 23 of 25
6. New contracts executed this month (if applicable):
Name of Contractor or Amount of Contractor Race Ethnicity
Subcontractor, Address & Phone Contract Federal ID (see definitions all (see definitions on
Number Number following page) following page)
7. For projects that serve a particular clientele, please complete the following infOlmation by entering the
appropriate number in the blank spaces and in the chart below. Complete the below chati for NEW clients
served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by
either households or persons served. However, if one person received TWO services this counts as TWO
SERVICE UNITS:
TOTAL BENEFICIARIES
This project benefits households or persons. Please circle one category (either "households" or
"persons"). Enter the number of beneficiaries in the blank space and in box" 1. "
INCOME
Of the households or persons assisted, arc extremely low-income income (0-30%) of the current
Median Family Income (MFI). Enter this number in box "2."
Of the households or persons assisted, arc very low-income (31-50%) of the current Median
Family Income (MFI). Enter this number in box "3."
Ofthese households or persons assisted,
Income (MFI). Enter this number in box "4. "
are low-income (51-80%) of the current Median Family
NOTE: The total of boxes 2, 3 and 4 should equal the number in box 1.
FEMALE HEAD OF HOUSEHOLD
This project assisted Female Head of Households REGARDLESS of income. Enter this number
in box "5" below.
BOX I BOX 2 BOX] BOX4 BOXS
Total Number of Extremely Very Low Income Female Head of
Households or Persons Low Income Low Income (51-80%) Household
Assisted (0.30%) (31-50%)
i r
I
CCHOC
Hurricane Hardening-Copeland Page 22 of23
Agenda Item No. 16D24
October 23. 2007
Page 24 of 25
Subrecipients must indicate total beneficiaries for Race AND Ethnicitv
Definitions of Race:
1. White: A person having origins in any of the original peoples of Europe, the Middle East, or North
Africa.
2. Black or African-American: A person having origins in any of the black racial groups of Africa.
3. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or
the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia,
Pakistan, the Philippine Islands, Thailand, and Vietnam.
4. American Indian or Alaska Native: A person having origins in any of the original peoples of North
and South America (including Central America), and who maintains tribal affiliation or community
attachment.
5. Native Hawaiian or Other Pacific Islander: A person having origins in any of the Oliginal people of
Hawaii, Guam, Samoa, or other Pacific Islands.
Definitions of Ethnicity:
1. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or
other Spanish culture or origin, regardless of race.
Tabulation Table of Race and Ethnicitv Beneficiaries
Race # Total # Hispanic
White
Black or African American
Asian
American Indian or Alaskan Native
Native Hawaiian or Other Pacific Islander
American Indian/Alaska Native and White
Asian and White
Black/African American and White
American Indian/Alaskan Native and Black/African American
Other Multi-Racial
TOT AL:
CCHDC
Hunicane Hardening-Copeland
Page 23 of 23
Item Number:
Item Summary:
Meeting Date:
rag!;: I UI I
Agenda Ilem No. 16024
October 23, 2007
Page 25 of 25
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
'16[)24
ReCUllllllendation tlwl1l18 B08rd of Cuunty Commissioners Clpproves and aulllOrizes its
Cl1aiJlllarl lo ~oigfl, n Subrec;ipicnt Agreement providing Disaster Recovery Initiative (DRI)
fundiny ill tilt~ ClI1IUlIfll of $124.923.00 10 the Collier Calmly HOLlsing Developrnent
Corpora/iuI11o! PLlldl"se and inst;;lIlation of two back-up yenerators for the sewer lift station
arid the v/alcr treatment plant in Copeland.
10/23/2007 9:UO:UO AM
Approved By
M<Jrcy Krumbine
Public SNvices
Director
Date
Housitl~J & HLlman Servin's
1018/20072:34 PM
Approved By
Marla Ramsey
Public Services
Public SClvices Administrator
Date
Public Sprvices Admin.
10f10/2007 12:09 PM
Allproved By
OMS Coordinator
Administrative Services
Applications Analyst
Date
Information Technology
10/10f2007 2:14 PM
Approved By
Sherry Pryor
County M<llla~ter's Office
Management & Budget Analyst
Date
Office of ~"'\l1ag':'nl{~llt & 8udget
10/1{l/2007 4:52 PM
AIlI)ro\'ed By
Michael Smykowski
County Matlilyer'<; Office
Management & Smiget Director
Date
Office of Mnnilgernf"nt & Budget
10/11/20078:22 AM
Appro\'ed B:)"
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10/14/200712:00 PM
Agenda Item No. 16025
October 23, 2007
Page 1 of 28
EXECUTIVE SUMMARY
Recommendation tbat the Board of County Commissioners approves, and autborizes
its Chairman to sign, a Subrecipient Agreement providing Disaster Recovery
Initiative(DRI) fuuding in the amount of $293,934.00 to St. Mattbew's House, Inc. for
burricane bardeniug of it's sbelter.
OBJECTIVE: St. Matthew's House, Inc. proposes to hUITicane harden its homeless
shelter through mitigation of windows, doors and installation ofa power generator.
CONSIDERA TIONS: Funding in the amount of Two Hundred Ninety-three Thousand
Nine Hundred and thirty-fiJur dollars ($293,934) has been awarded for the purpose of
providing support for the replacement of fifty-one (51) windows with impact resistant
windows, installation of five (5) impact resistant sliding glass doors and the installation
of a generator.
The Board of County Commissioners approved six projects to be funded with a Disaster
Recovery Grant Application on September 12, 2006 and accepted and signed the contract
for $2.3 million in DRI funding with the Department of Community Affairs on May 22,
2007. This project is one of the six projects previously approved.
FISCAL IMPACT: Approval of this contract will provide a Disaster Recovery
Initiative funding in the amount of $293,934.00 to St. Matthew's House, Inc. for
hurricane hardening. No general funds will be used for these projects.
GROWTH MANAGEMENT IMPACT: The proposed grant to the St. Matthew's
House, Inc. will benefit the residents of Collier County, which is consistent with the
Growth Management Plan.
LEGAL CONSlDERA TIONS: The proposed Agreement is a standard
HUD/Community Development Block Grant (CDBG) subrecipient agreement fonn in
use in Collier County since 2001. .~J.A.K.
RECOMMENDA TION: To approve and authorize the Chairman to sign a subrecipient
agreement providing a $293,934.00 grant to ST. Matthew's House, Inc. to be used for
hurricane hardening using Florida Depmiment of Community Affairs in Community
Development Block Grant funds.
Prepared by: Sandra Marrero, Grants Management Coordinator
Housing and Human Services Department
.--.
Agenda Item No. 16025
October 23, 2007
Page 2 of 28
AGREEMENT BETWEEN COLLIER COUNTY
AND
ST. MATTHEW'S HOUSE INC.
HURRICANE HARDENING
Florida Administrative Code 9BER06-1
CFDA # 14.228
THIS AGREEMENT, is entered into this day of , 20_, by and between
Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", and "St.
Matthew's House, Inc.," a private not-for-profit corporation existing under the laws of the State of Florida,
having its principal office at 2001 Airport Road South, Naples, FL 34112 and its Federal Tax Identification
number as 65-1110501 to as "SUBRECIPIENT."
WHEREAS, the COUNTY has entered into an agreement with the State of Florida, Department of
Community Affairs; and
WHEREAS, Pursuant to the aforesaid agreement COUNTY is undertaking certain activities to primarily
benefit very low and low income persons by addressing hurricane impacted housing public facility and
community development needs; and
WHEREAS, The Board of County Commissioners of Collier County approved the Collier County Agreement
with the Florida Department of Community Affairs for $2,339,882 in Community Development Block Grant
Disaster Recovery Initiative funds relating to Hurricane Wilma with Resolution 2007-144 on May 23, 2007,
and
WHEREAS, the COUNTY and the SUBREClPEINT desire to provide the activities specified in Exhibit A of
this Agreement, in accord with the approved 2005 Disaster Recovery Subgrant Agreement; and
WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the
Disaster Recovery Initiative (DRI) Program as a valid and worthwhile County purposes.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed
by the Parties as follows:
st. Matthew's House
Hurricane Hardening
Page I of 23
Agenda Item No. 16025
October 23, 2007
Page 3 of 28
I. DEFINITIONS
(I) "COUNTY" mcans Collicr County, and where applicable, it's authorized representative(s).
(2) "CDBG" means the Community Development Block Grant Program of Collier County.
(3) "HHS" means the Housing and Human Services Department of Collier County.
(4) "SUBREC[PIENT' means St. Matthew's House (SMH)
(5) "HHS's Approval" means the written approval of the Housing and Human Services
Department or designee.
(6) "HUD" means thc Sccrctary of the U.S. Department of Housing and Urban Development or a
person authorized to act on its behalf.
(7) "Low and moderate income persons" means the definition set by HUD.
(8) "Project" means the work contemplated to be perform cd as set fOlih in Exhibit "A".
(9) "DR I" means Disaster Recovery Initiative Program
(10) "DCA" means Florida Department of Community Affairs
II. SCOPE OF SERVICES
The SUBREC[PIENT shall, in a satisfactory and proper manner, as detetmined by HHS, perform the tasks
necessary to conduct the prOh'fam outlined in Exhibit "A," and shall submit cach request for reimburscmcnt
using Exhibit "B" along with the monthly submission of Exhibit "C," all of which are attached hereto and
made a part hereof.
HI. TIME OF PERFORMANCE
The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the
timcly rclcasc of funds for this project by DCA under Agreement No. 07DB-3V-09-21-01-Z 01. The effective
date shall be the latest date of execution of this Agreement, and the services of the SUBRECIPIENT shall be
undcliaken and completed in light of the purposes of this Agreement. [n any event, all services required
hereunder shall bc complctcd by the SUBRECIPIENT prior to April 30.2009. Any funds not obligated by the
expiration date of this Agreement shall automatically revert to the COUNTY, as set f01ih in Part VIIl F (c),
and Pati VIlI H below.
IV. CONSIDERAT10N AND LIMITATION OF COSTS
The SUBRECIPIENT shall be paid by the COUNTY for allowable costs, dctemlined by COUNTY and DCA,
in an amount not to cxeccd Two Hundred Nincty Threc Thousand Nine Hundred thitiy-four dollars ($293,934)
for the services described in Exhibit "A."
All improvements spceified in Exhibit "A" shall be perf(1I1ned by SUBRECIPIENT employces, or shall be put
out to competitive bidding under a procedure acceptable to the COUNTY and federal/state requirements. The
SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and responsible
bidder. Contract administration shall be handled by the SUBREC[P[ENT and monitored by the COUNTY,
which shall havc access to all rccords and documents related to the project.
V. NOTICES
St. Matthew s House
Hurricane Hardening
Page 2 of 23
Agenda Item No. 16025
October 23, 2007
Page 4 of 28
All notices required to be given under this Agreement shall bc sufficient when delivered to HHS at its office,
presently located at 3050 North Horseshoe Drive, Suite 110, Naples, Florida 34104, and to the
SUBRECIPIENT when delivered to its office at the address listed on page one (I) of this AI,'feement.
VI. SPECIAL CONDITIONS
The SUB RECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part
570 of the Housing and Urban Development regulations concerning Community Developmcnt Block Grants
(CDBG) and all fedcral regulations and policies issued pursuant to these regulations. The SUBRECIPlENT
further agrees to utilize funds available under this AI,'feement to supplement rather than supplant funds
othelwise available for specified activities.
COUNTY is bound by the Federally Funded 2005 Disaster Recovery Subgrantee Agreement, executed by the
State of Florida and COUNTY to require SUBRECIPlENT to acknowledge the following, as applicable:
1. SUBRECIPIENT acknowledges that it will adhere to all applicable telms of the Federally Funded 2005
Disaster Recovery Subgrantee Agreement, executed between the State of Florida and COUNTY as
outlined in Attaclunent A: Program Guidelines;
2. SUBRECIPIENT acknowledges that it will adhere to all applicable State and Federal laws and
regulations;
3. SUBRECIPlENT acknowledges that the Florida Department of Community Affairs and the COUNTY
shall be held hannless against all claims of whatever nature arising out of the SUBRECIPIENT'S
performance of work.
If needed, SUBRECIPlENT may be called upon to assist COUNTY during a natural disaster or emergency.
VII. GENERAL CONDITIONS
A. IMPLEMENTATION OF PROJECT ACCORDING TO REOUIRED PROCEDURES
The SUBRECIPIENT shall implement this AI,'fecment in accordance with applicable Federal,
State, and County laws, ordinances and codes and with the procedures outlined in HHS'
Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and
codcs are minimal regulations supplementcd by more restrictive guidelines set forth by HHS.
No payments will be made until approved by the HHS Depm1ment or designee.
Should a project receive additional funding after the commencement of this Agreement, the
SUBRECIPIENT shall notify HHS in writing within thil1y (30) days of receiving notification
from the funding source and submit a cost allocation plan for approval by the HHS Depm1ment
or designee within forty-five (45) days of said official notification.
B. COMPLIANCE WITH LOCAL. STATE AND FEDERAL RULES. REGULATIONS AND
LAWS
During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any
applicable laws, regulations and orders listed below which by refcrence are incorporated and
made a pat1 hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws,
1.
24 CFR Part 570, as amended - The regulations governing the expenditure of
Community Development Block Grant funds.
tit. Matthew's House
HUlTicane Hardening
Pagc 3 of 23
Agenda Item No. 16025
October 23, 2007
Page 5 of 28
2. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure.
3. 36 CFR Part 800 - The regulations outlining the procedures for the protection of
historic and cultural properties.
4. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil
Rights Act.
5. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
6.
Executive Ordcr 11246, as amended by Executive Orders 11375 and 12086 - which
establishes hiring goals for minorities and women on projects assisted with federal
funds.
7.
Title Vll of the 1968 Civil Rights Act as amended by the Equal Employment
Opportunity Act of 1972 - which prohibits discrimination in employment.
8.
24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and
Urban Development Act of 1968, as amended.
9.
Age Discrimination Act of 1973
10.
National Flood Insurance Act of 1968
11.
24 CFR Part 130 - Regulations that prohibit discrimination in employment in fcdcrally
assisted construction contracts.
12.
40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water
Pollution Acts.
13.
Contract Work - Hours and Safety Standards Act
14.
Lead Based Paint Poisoning Preventive Act
15.
Section 504 of the Rehabilitation Act of 1973
16.
Uniform Rclocation Assistance and Real Property Acqnisition Policies Act of 1970
17.
29 CFR Parts 3, 5 and 5a - Rcgulations which prescribe the payment of prevailing
wages and thc use of apprentices and trainees on federally assisted projects as mandated
by the Davis-Bacon Act. HUD r0t111 4010, which describes the Davis-Bawn Act, is
included as pali of this agreement and must be included in all construction contracts
funded by CDBG. See attachment A-3.
St. Matthew ' s Housc
Hurricane Hardening
Page 4 of 23
Agenda Item No. 16025
October 23, 2007
Page 6 of 28
18. Reviscd Order Number 4 - Regulations that establish guidelincs for the
implementation of Executive Order 11246 as amended by Executive Orders 11375 and
12086.
19. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in
federally assisted projects.
20. Executive Order 11625 and U.S. Dcpartment of Housing and Urban Development
Circular Letter 79-45 - which prescribes goal percentages for participation of minority
businesses in Community Development Block Grant Contracts.
21. 29 CFR Part 3 - The Copeland Anti-Kickback Act (i 8 U.S.C. 874 and 40 U.S.C.
276c), which deals with employee forfeiture of compensation by force.
22. Florida Statutes, Chapter 112 - which dcals with conflict of interest.
23. HUD " required reports, circulars, and procedures, such as the Grantee PerfOlmance
Report.
24. Public Law 100-430 - the Fair Housing Amendmcnts Act of 1988.
25. 24 CFR 570, Subpart J - regulations covering standard Grant Administration
Procedures. These replace OMB Circular A-102. This subpart includes 24 CFR
570.502.
26.
27.
28.
29.
30.
31.
32.
33.
OMB Circular A-l33 - concerning annual audits.
OMB Circular A-122 - which idcntifies cost principles.
Section 109, Public Law 100-202 - which restricts the awarding of public works
contracts to finns from foreign countries with unfair trade practices.
24 CFR Part 84 - OMB Circular A-IIO Codified in the Uniform Administrative
Requirements for Grants and Agreements With Institutions of Higher Education,
Hospitals and Other Non-Profit Organizations.
24 CFR Part 85- OMB Circular A-I02 Codificd in the Uniform Administrative
Requirements for Grants and Ab'fcements to State and Local Governments.
Chapter 427, Florida Statutes - which requires tbe coordination transportation for the
disadvantaged.
Chapter 403.7065, Florida Statues - wbich refers to the procurement of products or
materials with recycled content.
Chapter 39.201, Florida Statutes - that any person who knows, or has reasonable
cause to suspect, that a child is abused, abandoncd, or neglected by a parent, legal
custodian, caregiver, or other person responsible for the child's welfare, as defined in
St. Matthew's House
Hurricane Hardening
Page 5 of 23
Agenda Item No. 16025
October 23, 2007
Page 7 of 28
this chapter, shall repmi such knowledge or suspicion to the Central Abuse Hotline (1-
800-962-2873).
34. Chapter 415.1034, Florida Statutes - that any pcrson who knows or has reasonable
cause to suspect that a vulnerable and or disabled adult has been abused, neglected, or
exploited, shall immediately report such knowledge or suspicion to the National Center
on Elder Abuse Hotline (1-800-962-2873).
35. Chapters 435.03 and 435.04, Florida Statutes - that if any personnel in programs
under this contract work directly with children or youths and vulnerable or disabled
adults - employment screening is required.
36. Chapter 216.347, Florida Statutes - prohibits the expenditure of contract funds for the
purpose oflobbying the legislature, state or county agcncies.
C. SUBCONTRACTS
Any work or services subcontracted by the SUBREClPlENT shall be specifically by written
contract or agreement, and such subcontracts shall be subject to each provision of this
Agreement and applicable County, State, and Federal f,'llidelincs and regulations. Prior to
execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be
submitted by the SUBREC1P1ENT to HilS for its review and approval, which will specifically
include a determination of compliance with the terms of the attached Work Program set forth
in Exhibit "A"
This review also includes ensuring that all consultant contracts and fee schedules meet the
minimum standards as establishcd by the Collier County Purchasing Depariment and HUD.
Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee
contracts. All additional services shall have prior written approval with suppmi documentation
detailing categories of persons pcrforming work plus hourly rates including bencfits, number of
drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for
such services will be made at SUBREClPIENT cost.
None of the work or scrvices covered by this Agreement, including but not limited to
consultant work or services, shall be subcontracted by the SUB RECIPIENT or reimbursed by
the COUNTY without prior written approval of the HHS Dcparimcnt or his designce.
D. AMENDMENTS
The COUNTY may, at its discretion, amend this Agreement to conf01111 to changes required by
Federal, State, County, or HUD f,'llidelines, directives, and objectives. Sueh amendments shall
be incorporated by written amendment as a part of this Agreement and shall be suhject to
approval of the COUNTY. Except as otherwise provided herein, no amendment to this
Agreement shall be binding on either party unless in writing, approved by the COUNTY and
signed by each Party's authorized representatives.
E. INDEMNIFICA TION
The SUBREC1PlENT shall protect, defcnd, reimbursc, indemnify and hold the COUNTY, its
agents, its employees and elected officers hannless from and against any and all claims,
liability, expense, loss, cost, damages or causes of action of every kind or character, including
attorney's fees and costs, whether at trial or appellate levels or othcrwise, arising during the
St. Matthew s House
Hurricane Hardening
Page 6 of 23
Agenda Item No. 16025
October 23, 2007
Page 8 of 28
perfOlmance of the terms of this A6'reement, or due to the acts or omissions of the
SUBRECIPIENT.
SUBRECIPIENT's aforesaid indemnity and hold hatmless obligation, or portion or
applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT
will hold the COUNTY haImless and will indemnify the COUNTY for funds, which the
COUNTY is obligated to refund the Federal Government arising out of the conduct of activities
and administration of SUBRECIPIENT.
F. GRANTEE RECOGNITION
All facilities purchased or constructed pursuant to this A6'feement shall be clearly identified as
to funding source. The SUBRECIPIENT will includc a rcference to the financial support herein
provided by HHS in all publications and publicity. In addition, the SUB RECIPIENT will make
a good faith cffort to recognize HHS, State and Fedcral support for all activities made possible
with funds made available under this Agrecment. The SUB RECIPIENT will mount a
temporary construction sign for projects funded by HHS. This design concept is intended to
disseminate key information regarding the development teaIn as well as Equal Housing
OppOliunity to the general public. This signs construction utilizes a minimum conventional
4 'X8" plywood back panel and other conventional construction materials and methods.
G. TERMINATION
In event of temlination for any of the following reasons, all finished or unfinished documents,
data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital
equipment secured by the SUBRECIPlENT with funds under this Agreement shall be retumed
to HHS or the COUNTY. In the event of ternlination, the SUBREClPlENT shall not be
relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any
breach of the Contract by the SUBRECIPIENT, and the COUNTY may withhold any payment
to the SUBRECIPlENT for set-oft' pUI1)()ses until such time as the exact amount of damages
due to the COUNTY from the SUBRECIPIENT is detelmined.
I. TERMINATION FOR CAUSE
If through any cause either paIiy shall fail to fulfill in timely and proper manner its obligations
under this Agreemcnt, or if either paliy shall violate any of the covenants, agreements, or
stipulations of this Agreemcnt, either pmiy shall thereupon have the right to tcnninate this
Agreement in whole or paIi by giving written notice of such tennination to the other party and
specifying thcrcin the cffective date oftennination.
2. TERMINATION FOR CONVENIENCE
At any time during the telm of this A6'Teement, either pmiy may, at its option and for any
reason, tenninate this Agrccmcnt upon ten (10) working days written notice to the other pmiy.
Upon termination, the COUNTY shall pay the SUB RECIPIENT f(lr services rendered pursuant
to this Agreement through and including the date of tennination.
3. TERMINATION DUE TO CESSATION
In the event the grant to the COUNTY under Title I of thc Housing and Community
Development Act of 1974 (as amended) is suspended or tetminated, this Agreement shall be
suspended or tetminated effective on the date that HUD or DCA specifies.
St. Matthew's House
HUITicane Hardcning
Page 7 of 23
Agenda Item No. 16D25
October 23, 2007
Page 9 of 28
H. INSURANCE
The SUBRECIPIENT agrees this coverage shall be provided on a primary basis.
1. COMMERCIAL GENERAL LIABILITY
The SUBRECIPIENT shall agrce to maintain Commercial General Liability at a limit of
liability not less than $ I 00,000 per pcrson and $200,000 pcr accident/occunence per Florida
Statutes S 768.28 and $2,000,000 per accident for federal and outside Florida litigation per
Florida Statutes S 768.28. Coverage shall not contain any endorsement ex eluding Contractual
Liability or Cross Liability unless grantcd by the County's Risk Management Department. The
SUB RECIPIENT agrees this coverage shall be providcd on a primary basis.
2. BUSINESS AUTOMOBILE LIABILITY
The SUBRECIPIENT shall agrcc to maintain Business Automobile Liability at a limit of
liability not less than $100,000 per person and $200,000 per accident/occUlTcncc pcr Florida
Statutcs S 768.28 and $2,000,000 per accident for federal and outside Florida litigation per
Florida Statutes g 768.28 for all owned, non-owned and hircd automobiles. The
SUBRECIPJENT shall agree to maintain physical damage coverage for a period not less than
10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collicr
County Board of County Commissioncrs shall be cndorsed to thc policy as a Loss Payee. The
SUBRECIPIENT shall agree to be fully responsible for any deductiblcs, self-insured rctcntion
or uncovered losses. The SUBREClPIENT agrees this coverage shall be provided on a primary
basis.
3. ADDITIONAL INSURED
The SUBRECIPIENT shall agree to endorse the COUNTY as an Additional Insured with a CG
2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to
the Commercial Gcneral Liability. The Additional Insured endorscmcnt shall read "Collicr
Countv Board of Countv ('omml,;;sioners, a Political Subdivision of the State of Florida. its
Officcrs. Emplovees, and A~ents. c/o Housing & Human Services Department". The
SUBRECIPIENT shall agree the Additional Insured endorsements provide covcrage on a
primary basis.
4. CERTIFICATE OF INSURANCE
The SUBRECIPIENT shall abTCC to deliver to thc COUNTY a certificate(s) of insurance
cvidcncing the required insurance is in full force and effect within thil1y (30) calendar days
prior to the execution of this Agreement by the COUNTY. A minimum thirty (30) day
endeavor to notify due to cancellation or non-rcnewal of coverage shall be included on the
ccrtifieate( s).
5. RIGHT TO REVIEW AND ADJUST
The SUBRECIPIENT a6~'ees that the COUNTY, by and through its Purchasing or Risk
Management Department, in cooperation with the HHS Department, reserves the right to
periodically review, modify, reject or accept any required policies of insurance, including
limits, coverage's, or endorsements, herein fi'Oln time to time throughout the life of thts
Agreement. The COUNTY rcserves the right, but not the obligation, to review and reject any
insurer providing coverage because of its poor financial condition or failure to operate legally.
St. Matthews House
Hunicanc Hardening
Page 8 of 23
Agenda Item No. 16025
October 23, 2007
Page 10 of 28
I. INDEPENDENT AGENT AND EMPLOYEES
The SUBRECIPlENT agrecs that, in all matters relating to this Agreement, it will be acting as
an independent agent and that its cmployees are not Collier County employees and are not
suhject to the COUNTY provisions of the law applicable to County employees relative to
employment, hours of work, rates of compensation, leave, unemployment compensation and
employee benefits.
VIII. ADMINISTRATIVE REOUIREMENTS
A. FINANCIAL MANAGEMENT
The SUBRECIPIENT agrees to comply with OMB Circular A-I 10 (Uniform Administrative
Rcquirements for Grants and Agreements with Institutions of Higher Education, Hospitals and
other Non-Profit Organizations) and agrees to adhcrc to thc accounting principles and
procedures required therein, utilize adequate intemal controls, and maintain necessary source
documentation for all costs incurred.
B. DOCUMENTATION AND RECORD - KEEPING
1. The SUBRECIPIENT shall maintain all records required by the CDBG Federal
Regulations.
2. All repOlis, plans, surveys, infol111ation, documcnts, maps, and other data procedures
developed, prepared, assembled, or completed by the SUBRECIP[ENT for the purpose
of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at
any time upon request by the COUNTY or HHS. Upon completion of all work
contemplated under this Agreement copies of all documcnts and rccords relating to this
Agreement shall bc sUlTendered to HHS if requested. In any cvcnt the SUBRECIPIENT
shall keep all documcnts and rccords for five (5) ycars after expiration of this
Agreement.
3. The SUB RECIPIENT shall submit rcpOlis as required to assist the COUNTY in the
prcparation of HUD Labor Relations, WBE/MBE, Equal Oppoliunity Employment, and
HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi).
4. SUBREC1PIENT shall submit monthly beneficiary repOlis to HHS using Exhibit "C".
5. The SUBRECIPIENT shall maintain records showing compliance with the Davis-
Bacon Law, including files containing contractor payrolls, employee interviews, Davis-
Bacon wagc rates, and administrative cross-referencing. SUBRECIPIENT shall
maintain records showing contractor compliance with the Contract Work Hours and
Work Safety Law. Similarly, the SUBRECIP[ENT shall maintain records showing
compliance with federal purchasing requircments and with other fcderal rcquirements
for grant implcmcntation.
C. PURCHASING
All purchasing for services and goods, including capital equipment, shall be made by purchase
order or by a wlittcn contract and in conformity with the procedures prescribed by the Fedcral
Management Circulars A-I [0, A-122, 24 CFR Pari 84, and 24 CFR Pari 85, which are
incorporated herein by reference.
St. Matthew's House
Hurricane Hardcning
Page 9 of 23
Agenda Item No. 16025
October 23. 2007
Page 11 of 28
D. REPORTS, AUDITS, AND EVALUATIONS
Reimbursement will be contingent on the timely receipt of complete and accurate reports
required by this Agreement, and on the rcsolution of monitoring or audit findings identified
pursuant to this A/,'feement.
E. ADDITIONAL HOUSING & HUMAN SERVICES, COUNTY, DCA, AND HUD
REOUIREMENTS
HHS shall have the right under this Agreement to suspend or tcrminate reimbursement until the
SUBRECIPIENT complies with any additional conditions that may be imposed by HHS, the
COUNTY, DCA or HUD at any time.
F. PRIOR WRITTEN APPROVALS-SUMMARY
The following activities require the prior written approval of the HHS Department or designee
in order to be eligible for reimbursement.
(a) All subcontracts and agreements proposed to be entered into by the SUBRECIPlENT
pursuant to this Agrccmcnt;
(b) All capital equipment expenditures of $1 ,000 or more;
(c) All out-of:town travel; (travel shall be reimbursed in accordance with Florida Statutes,
Chapter 112.(61);
(d) All change orders; and
(e) All requests to utilize uncommitted funds after the expiration of this agreement for
programs dcscribed in Exhibit A, and
(I) All rates of pay and pay increases paid out of DR! funds, whether for merit or cost of
living.
G. AUDITS AND INSPECTIONS
At any time during normal business hours and as often as HHS, the COUNTY, DCA, HUD, or
the Comptrollcr General of the United States may deem necessary, there shall be made
available by the SUBRECIPIENT to HHS, the COUNTY, DCA, HUD, or the Comptroller
General for examination all its records with respect to all maUers covered by this Agreement.
The SUBRECIPIENT agrecs to comply with the provisions of the Single Audit Act of 1984, as
amended, as it peliains to this A/,~'eemcnt and any subcontracts entered into under this
Agreement. This will require the SUBRECIPIENT to submit a single audit, including any
management letter, made in accordance with the general program requirements of OMB
Circulars A-IIO (Uniform Administrative Rcquiremcnt for Federal Grants), A-In (Cost
Principles f(lr Non-Profit Organizations), A-133 (Audits of State, Local Governments, and
Non-Profit Organizations), and other applicable regulations within one hundred and eighty
(1 go) days after the end of any fiscal year covered by this agreement in which Fedcral funds
from all sources arc expended. Said audit shall be made by a Celiified Public Accountant of the
SUBRECIPIENTs choosing. The SUBRECIPIENT shall provide such audit to HHS. In the
event the SUBRECIP[ENT anticipates a delay in producing such audit or audited financial
statements, the SUBRECIPIENT shall request an extension in advance of the deadline. The
cost of said audit shall be bome by the SUBRECIPIENT. In the event the SUBRECIPIENT is
exempt from having an audit conducted under A-133 (Audits of State, Local Governments, and
St. Matthcw's House
HUlTicane Hardening
Pagel0of23
Agenda Item No. 16025
October 23, 2007
Page 12 of 28
Non-Profit Organizations), the COUNTY reserves the right to require submission of audited
tinancial statements and/or to conduct a "limited scope audit" of the SUB RECIPIENT as
defined in A-133. The COUNTY will be responsible for providing technical assistance to the
SUBRECIPIENT, as deemed necessary by the COUNTY.
H. PROGRAM-GENERATED INCOME
All income earned by the SUBRECIPIENT from activities financed in whole or in part by
funds provided hereunder must be reported to HHS. Such income would include, but not be
limited to, income from service fccs, sale of commodities, and rental or usage fees. The
SUBRECIPIENT shall report its plan to utilize such income to HHS, and said plan shall
require the prior written approval of the HHS Depmiment or designee. Accounting and
disbursement of such income shall comply with OMB Circular A-II 0 (UnifOlm Administrative
Requirement for Federal Grants) and other applicable regulations incorporated herein by
reference.
In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for DRI funds
may be retained by the Agency. Program Income shall be utilized to undertake activities
specified in hExhibit A" of this Agrcemcnt, and all provisions of this Agreement shall apply to
stated activities. Any Program Income on hand at or received by the SUBRECIPIENT or its
sub-contractors after the expiration of this Agreement shall be returned to the COUNTY no
later than thirty (30) days after such expiration, subject to any SUBREC[PlENT requests to
utilize uncommitted funds.
I. GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but not limited to; making final
payments, disposing of program assets (including the return of all unused materials, equipment,
unspent cash advances, program income balances, and receivable accounts to the COUNTY),
and detennining the custodianship of records.
IX. OTHER PROGRAM REOUlREMENTS
A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBREClPIENT agrees that no person shall on the ground of race, color, disability,
national origin, religion, age. familial status, or sex be excluded from the benefits of, or be
subjected to, discrimination under any activity carried out by the perf01l11anCe of this
Agreement. Upon receipt of evidence of such discrimination, the COUNTY shall have the right
to tenninate this Agreement.
To the greatest extent feasible, lower-income residents of the project areas shall be given
opportunities for training and employment; and to the greatest feasible extent eligible business
concerns located in or owncd in substantial pmi by persons residing in the project areas shall be
awarded contracts in connection with the project. The SUBRECIPIENT shall comply with the
Section 3 Clause of the Housing and Community Development Act of 1968.
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Hurricane Hardening
Page] I of 23
Agenda Item No. 16025
October 23, 2007
Page 13 of 28
B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS
ENTERPRISES
In the procurement of supplies, equipmcnt, constlllction, or services to implement this
Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and
minority/women-owned business enterprises of supplies and services, and provide these
sourccs the maximum feasible oppOliunity to compete for contracts to be performed pursuant to
this Agreement. To the maximum extent feasiblc these small business and minority/womcn-
owned business enterpriscs shall bc located in or owned by rcsidents of thc CDBGareas
dcsignated by Collier County in the Allliual Consolidated Plan approvcd by HUD.
C. PROGRAM BENEFICIARIES
At least fifty-one pcrccnt (51 %) ofthc beneficialies of a project funded through this Agreement
must be very low and low income persons. If the project is located in an entitlement city, as
defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the
beneficiaries directly assisted Ihrough the use of funds under this Agreement must reside in
unincorporated Collier County or in municipalities paliicipating in the County's Urban County
Qualification Program. The project funded under this Agrccmcnt shall assist beneficiaries as
defined above for the time period designated in Exhibit A of this Agreement. The
SUBRECIPIENT shall provide writtcn vcrification of compliance to HHS upon HHS' request.
D. EVALUATION AND MONITORING
The SUBRECIPIENT agrees that HHS will canoy out periodic monitoring and evaluation
activities as determincd necessary by HHS or the COUNTY and that the continuation of this
Agreement is depcndcnt upon satisfactory evaluation conclusions based on thc tcnns of this
Agrecmcnt, comparisons of planncd vcrsus actual prob'TCSS relating to project scheduling,
budgets, audit repOlis, and output measures. The SUBRECIPIE"fT agrces to fu111ish upon
request to HHS, the COUNTY or thc COUNTY's designees and make copies or transcriptions
of such records and inf0l111ation, as is determined necessary by lIHS or the COUNTY, The
SUB RECIPIENT shall, upon the request of HHS, submit information and status reports
required by HHS, the COUNTY or HUD on forms approved by IllIS to enable HHS to
evaluate said prob'Tess and to allow for completion of reports required HHS by HUD. The
SUBRECIPIENT shall allow HHS or HUD to monitor the SUBRECIPIENT on site. Such site
visits may be scheduled or unscheduled as dctcnnincd by HHS or HlJD.
E. CONFLICT OF INTEREST
The SUBREClPIENT covenants that no person who prescntly exercises any functions or
rcsponsibilities in connection with the Project, has any personal tlnancial interest, direct or
indirect, in the target arcas or any parcels therein, which would conflict in any manner or
dcgree with the perf01111anee of this Ab'rcement and that no person having any conflict of
interest shall be employed by or subcontracted by the SCBRECIPIENT. Any possible conflict
of [nterest on the part of the SUBRECIPIENT or its employees shall bc disclosed in writing to
HHS provided, however, that this paragraph shall he inteqlreted in such a manner so as not to
unrcasonably impede the statutory requiremcnt that maximum oppotiunity be provided f()r
employment of and participation of low and moderate-income residents of thc project target
area.
F. PUBLIC ENTITY CRIMES
As provided in F.S. 287. I 33 by entering into this Agreement or perfot111ing any work in
fulihcranec hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors
and consultants who will perform hereunder, have not hecn placed on the convicted vendor list
St. Matthew's House
Hurricane Hardcning Page 12 of 23
Agenda Item No. 16025
October 23,2007
Page 14 of 28
maintained by the State of Florida Department of Management Services within the 36 months
immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a).
G. DRUG-FREE WORKPLACE REQUIREMENTS
The SUB RECIPIENT, as a condition of being awarded, must certify that they will provide
drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.C.
701) and with HUD's rules at 24 CFR Part 24, subpart F.
H. CERTIFICATION REGARDING LOBBYING
The undersigncd certifies, to the best of his or her knowledge and belief, that:
I. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employcc 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 Fcdcral grant, thc making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Fedcral contract, grant, loan, or cooperative
agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
pcrson for influencing or attempting to influence an officer or employee of any agency,
a Member of Congress, an officcr or employee of Conf,'l"ess, or an employee of a
Member of Conf,'fess in connection with this Federal contract, grant, loan, or
cooperative af,'reement, the undersigned shall complete and submit Standard Form-LLL,
"Disclosure F0l111to RepOli 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.
l. REAL PROPERTY
Any real property acquired by the SUBRECIP1ENT for the purpose of canying on the projects
stated herein, and approved by the COUNTY in accordance with the UnifonTI Relocation
Assistance and Real PropCliy Acquisition Policies Act of 1970 and 49 CFR 24.10 I, shall be
subject to the provisions of the CDBG Ref,'Ulations including, but not limited to, the provisions
on use and disposition of property. Any real property within the SUBRECIPIENT control,
which is acquired or improved in whole or pmi with CDBG funds in excess of $25,000, must
adhere to the CDBG Regulations at 24 CFR 570.505.
X. ENVIRONMENTAL CONDITIONS
A. AIR AND WATER
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Hurricane Hardening
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Agenda Item No. 16025
October 23, 2007
Page 15 of 28
The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements
insofar as they apply to the performance of the Contract:
1. Clean Air Act, 41 U.S.C., 7401, et seq.
2. Fcderal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amendcd,
1318 relating to inspection, monitoring, entry, repOlts, and infOlmation, as well as other
requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant
to 40 C.F.R., Pmt 50, as amended.
B. FLOOD DISASTER PROTECTION
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC
4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as
having special flood hazards, flood insurance under the National Flood Insurance Prof,'fam is
obtained and maintained as a condition of financial assistance for acquisition or constmction
purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be
obtained from FEMA, which would satisfy this requircmcnt and/or reduce the cost of said flood
Insurance.
C. LEAD-BASED PAINT
The Subrecipient agrees that any construction or rehabilitation of residential structures with
assistance providcd undcr this contract shall be subject to HUD Lead-Based Paint Ref,'Ulations
at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all
HUD-assisted housing and require that all owners, prospective owners, and tenants of
propcrties constructed prior 10 1978 be properly notified that such properties may include Icad-
based paint. Such notification shall point out the hazards of lead-based paint and explain the
symptoms, treatmcnt and precautions that should be taken when dealing with lead-based paint
poisoning and the advisability and aVailability of blood lead level screening for children under
seven. The notice should also point out that if lead-based paint is found on the property,
abatement measures mighl be undertaken.
D. HISTORIC PRESER VA nON
The Subrecipient agrecs to comply with the Historic Preservation rcquircmcnts sct forth in the
National Historic Preservation Act of 1966, as amcnc\ed (16 U.S.C. 470) and the procedures set
forth in 36 CFR, Patt 800. Advisory Council on Historic Preservation Procedures for Protection
of Historical Properties, insofar as they apply to the perfonnance of the Contract. In general,
concunence from the State Historic Preservation Officer is required for all rehabilitation and
demolition of historic properties that are fifty years old or older or that are included, on a
Federal, state, or local historic property list.
XI. SEVERil.BILlTY OF PROVISIONS
If any provision of this Agrecment is held invalid, the remainder of this Agreemcnt shall not be
affected thereby if such remainder would then continue to conform to the terms and requirements of
applicable law.
St. Matthew s House
Hurricane Hardening
Page 14 of23
Agenda Item No. 16025
October 23, 2007
Page 16 of 28
XII. REVERSION OF ASSETS
Upon expiration of the Agreement, the SUBRECrPlENT shall transfer to the COUNTY any CDBG
funds on hand at the time of expiration, any accounts reccivable attributable to thc use of CDBG funds,
and any non-expendable personal propeliy that was purchased with CDBG funds. Any real property
under SUBRECIPIENT control that was acquired or improved in whole or in part with CDBG funds in
excess of Twenty-five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part
570.503(B)(8).
XIII. CONDITIONS FOR RELIGIOUS ORGANIZATIONS
CDBG funds may not be used for religious activities or provided to primarily religious organizations.
24 CFR 570.200U) specifies the limitations on CDBG funds, and is herein incorporated by reference.
XIV. ATTACHMENT A
The SUBREClPIENT shall agree to abide by the program guidelines as excerpted from the federally
funded 2005 Disaster Recovery Sub grantee Agreement executed by the State of Flotida Department of
Community Affairs and Collier County, which are herein incorporated as "Attachment A".
XV. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of twcnty-three (23) enumerated pages, which include the exhibits and
attachment referenced herein, shall be executcd in two (2) counterparts, cach of which shall be deemed
to be an original, and such counterpmis will constitute one and the same instrument.
St. Matthew's House
Hurricanc Hardcning
Page 15 of23
Agenda Item No. 16025
October 23. 2007
Page 17 of 28
XV. ENTIRE UNDERSTANDING
This Agreement and its provisions merge any prior agreements, if any, between the pat1ies hereto and
constitutes the entire understanding. The pal1ies hereby acknowledge that there have been and are no
representations, warranties, covenants, or undertakings other than those exprcssly set forth herein.
WITNESS our Hands and Seals on this
day of
,200
ST. MATTHEW'S HOUSE, INC.
BY:
"Z:-~ !~
. / / -r't -
, 1/1' (::~-------rl ~r/----
REV. V ^NN R. ELLISON, EXECUTIVE
DIRECTOR
(SUBRECIPIENT SEAL)
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
BY
Patricia Morgan, Deputy Clerk
JAMES COLETTA, CHAIRMAN
AP.P.t~l\'a_.(..a.s to form. and
lc~al~sJf!c,\n~y;,.- _
<-I\l \1'
H'I
.lcjTre~ A. 'latzkow
Manating \ssistant County Attorney
Sf. Matthew s House
Hurricane Hardening
Page 16 of23
Agenda Item No. 16025
October 23, 2007
Page 18 of 28
EXHIBIT "A"
SCOPE OF SERVICES
St. Matthew's House, Inc.
Hurricane Hardening
THE SUBRECIPIENT AGREES TO:
A. PROJECT DESCRIPTION:
St. Matthew's House proposes to hunicane harden its homeless shelter through mitigation of windows,
doors and installation of a power generator.
B. PROJECT SCOPE:
Funding in the amount of Two Hundred Ninety-three Thousand Nine Hundred and thiliy-four dollars
($293,934) has been awarded for the purpose of providing suppoli for the replacement of fifty-one
(51) windows with impact resistant windows, installation of five (5) impact resistant sliding glass
doors and the installation of a generator.
Final completion date for funded activity shall be no later thcn April 30, 2009.
The Subrecipient will be responsible for the following:
NOTE 1: The SUBRECIPIENT shall submit its bid package and drawings/specifications to HHS and
obtain a letter of approval prior to bidding the constlUction work. Davis Bacon rules apply to this
project and will be fully disclosed.
NOTE 2: The SUBRECIPIENT shall prioritize the work in the Project, and shall bid such work in
sealed bid manner that would allow the receipt of itemized costs from bidders, which would then
allow the award of items that can be funded by the buc:get. The SUB RECIPIENT shall require a bid
bond, 100% payment bond and 100% perfonnance bond for any contract that exceeds $100,000.
NOTE 3: The SUBRECIPIENT shall not award the construction contract for the Project until
sufficient funding is available to complete the established scope of work. The SUBRECIPIENT shall
obtain HHS' s approval prior to awarding the construction contract to be funded through this
agreement. TIle SUBRECIPIENT shall submit the name of the contractor to ensure the business is not
federally debaITed. Aftcr awarding such contract thc SUBRECIPIENT shall submit bid minutes to
HHS. HHS's approval is required prior to executing any change orders to such contract.
NOTE 4: The SUBRECIPIENT shall not request advancement from HHS for materials or equipment
received and stored on the project site or elsewhere. The SUBRECIPIENT shall only request
advancement for materials and equipment that have been installed.
ADDITIONAL Responsibilities are:
Posting of visible signage at the work site identifying the funding source(s) as mentioned in section VII
part F.
The SUBRECIP1ENT further agrees that HHS, in consultation with any paliies HHS deems necessary,
St. Matthew s House
Hunicane Hardening
Page 17 of23
Agenda Item No. 16025
October 23, 2007
Page 19 of 28
shall be the final arbiter on the SUBREClPIENT's compliance with the above.
c.
BUDGET: HutTicane Hardening
Line Itcm: Install high impact
windows (51), high impact sliding
glass doors (5) and one generator,
permits and other associated
eligible costs for the proper
installation and intcrior & cxtcrior rehab.
Project delivcry
DRI Funds
$263,541.00
$29,393.00
Total
$293,934.00
Any indirect costs chargcd must be consistent with the conditions of this Agreement. If indirect costs
are charged, the SUBRECIPIENT, as SUBRECIPIENT, will develop an indirect cost allocation plan
for determining the appropriate SUBRECIPIENT's sharc of administrative costs and shall submit such
plan to HHS, on behalf of thc COUNTY, as the Grantee, tor HHS approval, in a fOlD1 specified by
HHS. In addition, HHS may require a morc detailed budget breakdown than the one contained hcrein,
and thc SUBRECIPIENT shall provide such supplemcntary budget infonnation in a timely fashion in
the fonTI and contcnt prescribed by HHS. Any amendments to this budget must be approved in
writing by HHS and the SUBRECIPIENT.
D. ST AFFING: Provide list of staff directly responsible for repOlting and request for payment processing.
E. BONDING REQUIREMENTS: The SUBRECIPIENT shall comply with the requirements of OMB
Circular A-II 0 (UnifonTI Administrative Requirement for Federal Grants) and 24 CFR Part 84 in
regard to any bid guarantees. perfonnanee bonds, and payment bonds.
F. CONSTRUCTION PAYMENT RETAINAGE: The SLJBREClPIENT shall apply a rctainagc of at
least 5% on all construction draws which retainages shall be released in conjunction with the final
draw upon satisfactory completion of the Project. The SUBRECIPIENT ab'rees not to release such
retain ages until it has obtaincd approval from the COUNTY that the contractor and subcontractors
have complied with the requirements of the Davis-Bacon Act.
G. FORMER PROJECTS: Failure to adequately maintain any fonncr CDBG/HOME/SHIP/ESG funded
project may result in the delay of processing reimbursement requests for ongoing activities or in the
forfeiture of future CDBG/HOME/SHIP/DRI funds.
H. WORK SCHEDULE: The time frame for complction of the outlined activities shall be:
Task lEnctDate -~
Bidding Process Fcbruarv, ~QQ3__ --
Secureoennits Mav, 2008
Work be<>ins "-------.-
Junc.2008
I Work completion Anril, 2009
I
Please nole thaI if any of Ihese aClivilies exceed Ihe lime/ines by IWO monlhs a revised work schedule
must be submitted to HHS
Sl. Matthew s House
Hurricane Hardening
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Agenda Item No. 16025
October 23, 2007
Page 20 of 28
I. REPORTS: The SUBRECIPIENT shall submit detailcd monthly progress rcports to HHS outlining
the status of specific'activitics under the project. Each report must account for the total activity for
which fhe SUB RECIPIENT is paid with DR! funds, in part or in whole, and which is required in
fulfillment of their obligations rcgarding the Project. The progress reports shall bc submittcd on the
form Exhibit "C". Thc progress reports shall be used as an additional basis for HHS approval of
invoices, etc. for payment.
J. DAVIS-BACON ACT: The SUBRECIPIENT shall request the County to obtain a Davis-Bacon wage
decision for the project prior to advertising the construction work. The SUBRECIPIENT shall
incorporate a copy of the Davis-Bacon wage decision and disclose the requircments of the Davis-
Bacon Act in its construction bid solicitation aod sub-contract(s).
K. COMPENSATION: The County shall pay the SUBRECIPIENT for the performance of this
Agreement upon completion or partial completion ofthe work tasks as accepted and approved by HHS
pursuaot to the submittal of monthly progress reports as identified in Section 1. Payments shall be
made to the SUBRECIPIENT when requested as work progresses, but not more frequently than once
per month. Adherence to the work schedule identified in Section H will be required, unless modified in
writing by the parties. Payment will be made upon reccipt of a proper invoice and in compliance with
Section 218.70, Fla. Stats., otherwise known as the "Florida Prompt Payment Act".
St. Matthew's House
Hurricaoe Hardening
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Agenda Item No. 16025
October 23,2007
Page 21 of 28
EXHIBIT "B"
COLLIER COUNTY HOUSING AND HUMAN SERVICES
REQUEST FOR PAYMENT
Disaster Recovery Initiative
Subrecipient Name: St. Matthew's House. Inc.
Subrecipient Address: 2001 Aimort Road South, Naples. FL 34112
Project Name: Hunicane Hardening
Project No:
DRI 05-04
Payment Request #
Dollar Amount Requested: $
STATUS OF FUNDS
1. Grant Amount Awarded
$
293,934.00
2. Sum of Past Claims Paid on this Account
$
3. Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account
4. Amount of Previous Unpaid Requests
s
$
5. Amount of To day's Request
$
6. Current Grant Balance (Initial Grant Amount Awarded
Less Sum of all requests)
7. If applicable amount held as rctainage to date
by the County, if not retained by the sub-recipicnt
$
$
I certify this request for payment has been drawn in accordancc with the terms and conditions of the
Agreemcnt between the County and us as the Sub-reeipicnt. I also certify that the amount of the Request for
Payment is not in excess of CUD'ent needs.
Signature
Date
Title
Authorizing Grant Coordinator
Supervisor
Dept Director
(approval authority under $14,999)
(approval required $15,000 and above)
St. Matthew's House
Hurricanc Hardening
Page 20 of 23
Agenda Item No. 16025
October 23, 2007
Page 22 of 28
EXHIBIT "C"
DRI MONTHLY PROGRESS REPORT
Complete form for past month and submit to Housing &Human Service's sta[f by the 1 dh of the following
month.
Status Report for Month of
Submittal Date:
Project Name
Project Number DRl 05-04
Activity Number
Subrecipient:
Contact Person
Telephone: (239)
Fax: (239)
E-mail:
L Activity Status/Milestones (describe any action taken, relating to this project, during the past month):
2. What events/actions are scheduled for the next two months?
3. Describe any affirmative marketing you have implemcnted regarding this projcct. Please list and
attach any recent mcdia coverage of your organization relating to this project.
4. List any additional data relevant to tbe outcome measures listed on the application for tbis project.
5, Identify any potential issues that may cause dclay.
st. Matthew's House
Hun'icane Hardening
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Agenda Item No. 16025
October 23, 2007
Page 25 of 28
ATTACHMENT A
DRI PROGRAM GUIDELINES
AS EXCERPTED FROM THE FEDERALLY FUNDED 2005 DISASTER RECOVERY SUBGRANT
AGREEMENT EXECUTED BY THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS AND COLLIER COUNTY.
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 fulfill the requirements of this Agreement, and such information,
representations, and materials are incorporated by refcrence. The lack of accuracy thereof
or any material changes shall, at the option of 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 Agreemcnt shall bc construed under the laws of the Statc of Florida, and vcnue for
any actions arising out of this Agreement shall lie in Collier County. If any provision
hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable,
thcn such provision shall be decmed 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
10] -336,42 U.S.C. Section l2101 et seq.), if applicable, which prohibits discrimination
by public and private entities on the basis of disability in the areas of employment, public
acconunodations, transportation, State and local goverrunent services, and in
telecommunications.
f) A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public crime or on the discriminatory vcndor list may not submit a bid on
a contract to provide any goods or serviccs to a public entity, may not submit a bid on a
contract with a public entity for the construction or repair or a public building or public
work, may not submit bids on leases of real property to a public entity, may not be
awarded or pcrform work as a contractor, supplier, subcontractor, or consultant undcr a
contract with a public entity, and may not transact busincss with any public entity in
excess of Catcgory 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 cntity or affiliate who has been placed 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 or 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, supplicr, subcontractor, or consultant
under a contract with a public entity, and may not transact business with any public.
Agenda Item No. 16025
October 23. 2007
Page 26 of 28
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:
a. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal
department or agency;
b. 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 public
(federal, state or local) transaction or contract under 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 or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses
enumerated in paragraph 18(h)2. of this certification; and
d. Have not within a five-year pcriod preceding this Agreement had one or more
public transactions (federal, state or local) terminated for cause of default. If so,
Recipient will provide a summary of the details listing default, reason for the
default, funding source and result with the return of this Agreement.
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 completed "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion" 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 DOES NOT
PRECLUDE THE RECIPIENT'S COMPLETION AND SUBMISSION OF THE "BIDDING
INFORMATION AND CONTRACTOR ELIGIBILITY FORM."
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.
j) All bills for fees or other compensation for services or expenses shall be submittcd in
detail sufficient for a propcr preaudit and post audit 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.
Agenda Item No. 16025
October 23, 2007
Page 27 of 28
n) The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation
ofthe 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
employmcnt 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.
Page I ot I
Agenda Item No. 16D25
October 23, 2007
Page 28 of 28
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Summary:
16025
F~ecomlY\E!lldation that the Board of County Commissioners approves, and authorizes its
Clwirlllan to sign, '" Sub recipient Agreement providing Disaster Recovery Iniliative(DRI)
funding in the amount of $293,934.00 to 51 Matthews House, Inc. for hurricane hardening of
its shelle,..
Item Number:
Meeting Date:
10123/20079:00:00 AM
Prel)ared By
Sandra Mar/ero
Grants Management Coordinator
Date
Public Services
HOllsing & Human Services
10/5/20074:31:08 PM
AI11lroved lly
Marcy Krumbil1e
Director
Date
Puhlic Services
Housing & Human Sel'vices
10/5/20077:08 PM
AplJroved By
Marlene J. Foard
Grants Coordillillor
Date
Administrative Services
Adrninistrfltive Servif:es Admin,
10/8/200710:01 AM
AI)I)roved By
Jeff Klatzkow
Assistant COllllty Attorney
Date
County Attorney
County Attomey Offir.e
10/9/20074:59 PM
AlllJroved By
Marla Ramsey
Public Services Admirlistrator
Date
Public Services
Puhlic Services Admin.
10110/200712:07 PM
Apllroved By
OMS Coordinator
Applications Analyst
Date
Administrative Services
Informatioll Technology
10/10/20072:14 PM
AplJrOved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of ManaqerrH,l1t & Budget
10/11/20073:24 PM
Approved By
Michael Smykowski
Mallil!:)ernent & Bud!:)E~t Director
Date
County Mallaner's Office
Officr' of Mnnaqemellt & Budget
10/12/20079:28 AM
Apllroved By
James V, Mudd
County M<lnager
Date
Board or County
Commissioners
County Manager's Olfice
10/16/20077:11 PM
Agenda Item No. 16026
October 23, 2007
Page 1 of 25
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves, and authorizes its
Chairman to sign, a Subrcelpient Agrecment providing a Community Development Block
Grant in the amount of $1,000,000 to Habitat for Humanity of Collier County, Inc., for
installation of infrastructure to support 204 home sites for Kaicasa Phase I in Immokalee.
OBJECTIVE: Habitat For Humanity of Collicr County, Inc., proposes to construct 204 homes
in Kaicasa Phase 1 that will provide affordable homeownership opportunities jor its residents.
The housing units will be single-family, owncr-occupied, 3-bedroom homes, built as attached
villas and are scheduled to be completed by December, 2009. All homes will be purchased and
occupied by low and very-low income, service and agricultural workers in Collier County who
are U.S. citizens or legal aliens and mcet the HUD Income Guidelines.
CONSIDERATIONS: The Scope of Services includes the construction of infrastructure to
support up to 204 home sites in Kaicasa, which is locatcd on State Road 29 adjaccnt to Farm
Worker's Village in lmmokalee. The proposed infrastructure will include the clearing of land,
road construction and paving, sewer facilities, water facilities (including fire protection),
driveway aprons, flood control and drainage.
.-
On April 24,2007, the Board of County Commissioners approved submission of the County's
second 5-Year Consolidated Plan FY 2006 through 2010 and adopted the current One-Year
Action Plan for FY 2007 - 2008 which outlined the activities to be funded between July I, 2007
and June 30, 2008. A summary of the projects to be funded and the numbcr of beneficiaries are
published in the 2007-2008 Action Plan. The project included in this Subrecipient Agreement
was approved in the 2007 -2008 Action Plan.
FISCAL IMPACT: Approval of this contract will provide a Community Development Block
Grant in the amount 01'$1.000.000 to Habitat for Humanity for Humanity of Collier County, Inc.,
for infrastructure. No general funds will be used I{lr these projects.
GROWTH MANAGEMENT IMPACT: The proposed grant to Habitat !()f Humanity of
Collier County. Inc.. will benefit the low-income residents of Imll1okalce, which is consistent
with the Growth Managemcnt Plan.
LEGAL CONSIDERATIONS: The proposcd Agrcement is a standard HUD/Community
Development Block Grant (CDBG) subrccipicnt agreemcnt 1'01111 in use in Collier County since
2001. -.I.AX.
RECOMMENDA TlON: That the Board of County Commissioners approvcs and authorizes it
Chairman to sign a Subrecipient Agreement providing a $1,000,000 grant to Habitat far
Humanity of Collier County, Inc., li)r construction of infrastructure to support up to 204 home
sites in Kaicasa Phase I, using U.S. Dcpartment of I lousing and Urban Development (I'IUD)
Community Developmentl3loek Grant (CDBG) funds.
--
Prepared by: Sandra Man'ero, Grants Management Coordinator
Housing and Human Services Department
Page 1 of I
Agenda Item No. 16026
October 23. 2007
Page 2 of 25
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date:
lGD2G
Recommendation that the Board of County Commissioners approves, and authorizes its
Chairman to sign, a Subrecipient Agreement providing a Community Development Block
Grant in the amount of $1 ,OOO,QOO to Habitat lor Humanity of Collier County. Inc., for
installation of infraslructure to supporl204 home sites for Kaicasa Phase I in Immokalee.
10/23/2007 9:00:0U AM
Item Number:
Item Summary:
Prepared Hy
Sandra Marrero
Grants Management Coordinator
Date
Public Services
Housing & Human Services
1015/20074:21 :24 PM
Aj)IJroved By
Marcy Krumbine
Director
Date
Public Services
Housjn~j & Human Services
10/8/20073:00 PM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
10/10/200710:56 AM
Approved B,'"
OMS Coordinator
Applications Analyst
Date
Administrative Services
II\formatiol1 Technoloqv
10/1012007 12: 50 PM
AppnlVed By
Sherry Pryor
ManB~Jemetlt & Budget An.1lyst
Date
County Mill\<lger's Office
Office of M;lJl<lqeIlH~J1t & Budget
10/10/20074:19 PM
AJlproved B)-'
Michael Smykowski
Managpmenl & BUlJget Director
Date
COllnty Manager's Office
Office of Mana~jement & 8l1dqet
10/10/20074:46 PM
AI)pnn!ed By
James V_ Mudd
CoulIty Manager
Date
Board ot County
COlnmis,>inners
County MW1Clg!'r'S OfJicp
10/14/200711;54 AM
AGREEMENT BETWEEN COLLIER COUNTY
AND
HABITAT FOR HUMANITY OF COLLIER COUNTY, INC.
INFRASTRUCTURE - KAICASA PHASE I
Catalog of Federal Domestic Assistance # 14.218
HUD Grant # B-07-UC-12-0016
THIS AGREEMENT, is entered into this _ day of
, 20_. by and between
Collier County. a political subdivision of the State of Florida, hereinafter referred to as "COlJNTY," and
Habitat for Humanity of Collier County, Inc., a private not-for~pTofit corporation existing under the laws of
the State of Florida, having its principal office at 11 ]45 Tamiami Trail East, Naples, Florida 34113, and its
Federal Tax Identification number as 59-1834379, hereinafter referred to as "SCBRECIPJENT."
\\'HEREAS, the COUNTY has entered into an agreement with the United States Department of Housing and
Urban Development for a grant for the execution and implementation of a Community Development Block
Grant Program in certain arcas of Collier County, pursuant to Title I of the Housing and Community
Development Act of 1974 (as amended); and
WHEREAS, Pursuant to the aforesaid agreement COUNTY is undertaking certain activities to primarily
benefit low and moderate income persons and nelghborhoods and to alternatively use Community
Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to
improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and
other activities which are related to neighborhood/community improvements; to improve the condition of life
for persons who require physical access or other services that meet their individual needs; and to provide for
long range community improvements by assessing current conditions and planning long range improvement
programs as described in the Consolidated Plan submission: and
WHEREAS, the Fiscal Year 2007-200l:< Consolidated One-Year ActIOn Plan was developed following the
Collier County Consolidated Plan - Citizen Participation Plan. adopted on January 9.2001, and
\VHEREAS, The Board of County Commissioners of Collier County approved the Collier County
Consolidated Plan One-Year Action Plan for Federal fiscal Year 2007-2008 for the CDBG Program with
Resolution 2007-~ on April 24, 2007, including the use of this standard form Asrreemcnt~ and
Habitat for Humanity ofCol1ier County, Inc_
Kaicasa Phase I Infrastructure
Page I of 24
,~;genda item i-Jo. 16026
Oc,t~ber 23. 2007
Page 3 of 25
WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the
County's Consolidated Plan One- Vear Action Plan for Federal Fiscal Vear 2007-2008 for the CDBG Program
and the use of the CDBG funds for the activities identified in the Plan; and
WHEREAS, the COUNTV and the SUBRECIPEINT dcsire to provide the activities specified in Exhibit A of
this Agreement, in accord with the approved Annual Consolidated Plan; and
WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the
Community Development Block Grant (CDBG) Program as a valid and worthwhile County purposes.
NOW. THEREFORE, in consideration of the mutual promises and covenants herein contained. it is agreed
by the Parties as follows:
1. DEFINlTIONS
(I) "COUNTY" means Collier County, and where applicable, it's authorized representative(s).
(2) "CDBG" means the Community Development Block Grant Program of Collier County.
(3) "HHS" means the Housing and Human Services Department of Collier County.
(4) "SUBRECIPIENT" means Habitat For Humanitv Of Collier Countv. Inc.
(5) "HHS's Approval" means the written approval of the Housing and Human Services
Department or designee.
(6) "HUO" means the Secretary of the U.S. Department of Housing and Urban Development or a
person authorized to act on its behalf.
(7) "Low and moderate income persons" means the definition set by HUD.
(8) "Project" means the work contemplated to be performed as set forth in Exhibit "A".
II. SCOPE OF SERVICES
The SUBRECIPIENT shall, in a satisfactory and proper manner, as detennined by HHS, perform the tasks
necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement
using Exhibit "B" along with the monthly submission of Exhibit "C," all of which are attached hereto and
made a part hereof.
Ill. TIME OF PERFORMANCE
The effective date of this Agreement and all rights and duties designated hereunder arc contingent upon the
timely release of funds for this project by HUD under Grant No. B-07-lJC-12-0016, The effective date shall
be the latest date of execution of this Agreement, and the services of the SUBRECIPtENT shall be undertaken
Habitat for Humanity of Collier County, Inc.
Kaicasa Phase I Infrastructure
Page 2 of 24
Agenda Item r,o. 16026
October 23, 2007
Page 4 of 25
and completed in light of the purposes of this Abrreement. In any event, all services required hereunder shall be
completed by the SUBRECIPIENT prior to June 15, 2008. Any funds not obligated by the expiration date of
this Agreement shall automatically revert to the COUNTY, as set forth In Part VIII F (e), and Part Vlll H
below.
IV. CONSIDERATION AND LIMITATION OF COSTS
The SUBRECIPIENT shall be reimburscd by thc COUNTY for allowable costs. detcnnincd by COUNTY. in
an amount not to exceed ONE MILLION DOLLARS AND NO CENTS ($1.000,000.00) for the services
described in Exhibit" A."
All improvements specified in Exhibit "A" shall be performed by Sl'BRECIPIENT employees, or shall be put
out to competitive bidding under a procedure acceptable to the COUNTY and federal requirements, The
SUBRECIPIENT shall enter into contract for improvements l,I.,..ith the lowest responsive and responsible
bidder, Contract administration shall be handled by the SLBRECIPIENT and monitored by the COUNTY,
which shall have access to all records and documents related to the project.
Y. NOTICES
All notices required to be given under this Agreement shall be sufficient when delivered to Housing & Human
Services at its office, presently located at 3050 North Horseshoe Drive, Suite 1 J 0, Naples. Florida 34104, and
to the SUBRECIPIENT when delivered to its office at the address listed on page one (I) of this Agreement.
VI. SPECIAL CONDITIONS
The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Pan
570 of the Housing and Urban Development regulations concerning Community Development Block Grants
(CDBG) and all federal reb'Ulations and policies issued pursuant to these regulations. The SUBRECIPIENT
further agrees to utilize funds available under this Agreement to supplement rather than supplant funds
otherwise available for specified activities,
VII. GENERAL CONDITIONS
A. IMPLEMENTATION OF PROJECT ACCORDING TO REOLiIRED PROCEDURES
The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal.
State. and County lav/s, ordmances ;lOd codes and v,"ith the procedures outlined in HHS'
Policies and Procedures memoranda. The Federal. State. and County laws. ordinances and
codes arc minimal regulations supplemcnted by more restrictive guidc'lines set forth by HHS,
No paymcnts will be made until approved by the HHS Department or designee,
Should a project receive additional funding after the commencement of Ihis Agreement, the
SUBRECIPIEt\'T shall notify HHS in ""Titing v,"ithin thiny om days of receiving notification
from the funding source and submit a cost allocation plan for approval by the HI-IS Department
or designee within forty-five (45) days of said official notification,
B. COMPLIANCE WITH LOCAL A!\D FEDE"-"L RliLES. REGULA nONS "ND LA WS
During the pcrfonnance of the Agreement, the SUBRECIPIENT a,grees to comply with any
Habitat for Humanity of Collier County. Inc.
Kaicasa Phase I Infrastructure
Page:3 of =4
1,., 'T~":__~I r.1~~"" J_~.._~_~^ "'~.. ~"10';'O
1\:021(:a Item No. 16026
Octcber 23, 2007
Page 5 of 25
by the Davis-Bacon Act. HUD Fonn 4010, which describes the Davis-Bacon Act, is
included as part of this agreement and must be included in all construction contracts
funded by CDBG. See attachment A-3.
18. Revised Order Number 4 ~ Regulations that establish guidelines for the
implementation of Executive Order 11246 as amended by Executive Orders 11375 and
12086.
19. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in
federally assisted projects.
20. Executive Order 11625 and U.S. Department of Housing and Urban Development
Circular Letter 79-45 - which prescribes goal percentages for participation ofminotity
businesses in Community Development Block Grant Contracts.
21. 29 CFR Part 3 - The Copeland Anti-Kickback Act (i 8 U.S.C 874 and 40 U.S.C.
276c), which deals with employee forfeiture of compensation by force.
22. Florida Statutes, Chapter 112 - which deals with conflict of interest.
23. HUD - required reports, circulars, and procedures, such as the Grdntee Performance
Report.
24. Public Law 100-430 - the Fair Housing Amendments Act of 1988.
25. 24 CFR 570, Subpart J - regulations covering standard Grant Administration
Procedures. These replace OMS Circular A-I02. This subpart includes 24 CFR
570.502.
26.0MB Circular A~133 - concerning annual audits.
27.0MB Circular A-122 - which identifies cost principles.
28. Section 109, Public Law 1 00~202 . which restriclli the awarding of public works
contracts to finns from foreign countries with unfair trade practices.
29. 24 CFR Part 84 - OMB Circular A-lID Codified in the Unifonn Administrative
Requirements for Grants and Agreements With Institutions of Higher Education,
Hospitals and Other Non.Profit Organizations.
30. 24 CFR Part 85. OMS Circular A-l02 Codified in the Uniform Administrative
Requirements for Gmnts and AbYfeements to State and Local Governments.
C. SUBCONTRACTS
Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written
contract or agreement, and such subcontracts shall be subject to each provision of this
Habitat for Humanity of Collier County, Inc.
Kaicasa Phase J Inrrastructure
Page 5 of 24
Agenda Item No. '16026
October 23, 2007
Page 6 of 25
Agreement and applicable County, State, and Federal guidelines and regulations. Prior to
execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be
submitted by the SUBRECIPIENT to HHS for its review and approval, which will specifically
include a determination of compliance with the terms of the attached Work Program set forth
m Exhibit "A."
ltcIT': r'Jo. 16D26
Oct"['9r 23. 2007
Page 7 of 25
This review also includes ensuring that all consultant contracts and fce ~chedules meet the
minimum standards as established by the Collier County Purchasing Department and HUD,
Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee
contracts. All additional services shall have prior written approval with support documentation
detailing categories of persons performing work plus hourly rates including benefits, number of
drawings required, and all items that justify the "Fixed Fcc Contract," Reimbursements for
such services will be made at SUBRECIPIENT cost.
None of the work or services covered by this Agreement, including but not limited to
consultant work or services, shall be subcontracted by the SUB RECIPIENT or reimbursed by
the COUNTY without prior written approval of the HHS Department or his designee.
D. AMENDMENTS
The COUNTY may, at its discretion, amend this Agreement to conform to changes required by
Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall
be incorporated by written amendment as a part of this Agreement and shall be subject to
approval of the COUNTY. Except as otherwise provided herein, no amendment to this
Agreement shall be binding on either party unless in writing, approved by the COUNTY and
signed by each Party's authorized representatives.
E. INDEMNIFlCA TION
The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the COUNTY, its
agents, its employees and eJected officers harmless from and against any and all claims,
liability, expense, loss, cost, damages or causcs of action of evcry kind or character, including
attorney's fees and costs, whether at trial or appellate levels or othcf\'lise. arising during the
performance of the tenns of this Agreement, or due to the acts or omissions of the
SUBRECIPIENT.
SUBRECIPlENT's aforesaid indemnity and hold harmless obligation, or portion or
applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT
will hold the COU~TY harmless and \\ill indemnify the COUNTY for funds, which the
COUNTY is obligated to refund the Federal Government arising out of the conduct of activities
and administration of SUBRECIPIENT. ...
F GRANTEE RECOGNITION
....11 facilities purchased or constructed pursuant to this Agreement shall be clearly identified as
to funding source, The SUBRECIPIEJ\T will include a reference to the financial support herein
provldcd by HHS in all publications and publicity. In addition. the SUBRECIPIENT will make
a good faith effort to recognize HHS' support for all activities made possible v,.'ith funds made
available under this Agreement. The SUBRECIPIENT "viII mount a temporary construction
si,gn for projects funded by HHS. This design concept is intended to disseminate key
information regarding the development team as \'Iel] as Equal Housing Opportunity to the
general public. This signs construction utilizes a minimum conventional 4'X8" plyv.'ood back
panel and other conventional construction matcnals and methods.
Habitat for Humanity of Collier County, Inc.
Kaicasa Phase I [nfrastructure
Pagc 6 of 14
G. TERMINATION
In event of termination for any of the following reasons, all finished or unfinished documents,
data studies, surveys. drawings, maps, models, photographs, reports prepared, and capital
equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned
to HHS or the COUNTY. In the event of termination, the SUBRECIPIENT shall not be
relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any
breach of the Contract by the SUBRECIPIENT, and the COUNTY may withhold any payment
to the SUBRECIPIENT for set-off purposes until such time as the exact amount of damages
due to the COUNTY from the SUB RECIPIENT is determined.
1. TERMINATION FOR CAUSE
If through any cause either party shall fail to fulfill in timely and proper manner its obligations
under this Agreement, or if either party shall violate any of the covenants, agreements, or
stipulations of this Agreement, either party shall thereupon have the right to terminate this
Agreement in whole or part by giving written notice of such termination to the other party and
specifying therein the effective date oftennination.
2. TERMINATION FOR CONVENIENCE
At any time during the term of this Agreement, either party may. at its option and for any
reason, terminate this Agreement upon len (10) working days written notice to the other party.
Upon termination, the COUNTY shall pay the SCBRECIPJENT for services rendered pursuant
to this Agreement through and including the date of terminati.on.
3. TERMINATION DUE TO CESSATION
In the event the grant to the COUNTY under Title I of the Housing and Community
Development Act of 1974 (as amended) is suspended or terminated. this Agreement shall be
suspended or terminated effective on the date that HUD specifies.
H. INSURANCE
The SUB RECIPIENT agrees this covemge shall be provided on a primary basis.
I. COMMERCIAL GENERAL LIABILITY
The SCBRECIPIENT shall agree to maintain Commercial General Liability at a limit of
liability not less than $100,000 per person and $200.000 per accident/occurrence per Florida
Statutes ~ 768.28 and $2.000,000 per accident for federal and outside Florida litigation per
Florida Statutes & 768.28. Coverage shall nol contain any endorsement excluding Contractual
Liability or Cross Liability unless granted by the County's Risk Management Department. The
SUBRECIPIENT agrees this coverage shall be provided on a primary basis.
2. BUSINESS AUTOMOBILE LIABILITY
The SCBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of
liability not lcss than SlOO.OOO per person and $200,000 per accident/occurrcnce pcr Florida
Statutes S 768.28 and $2.000,000 per accident for federal and outside Florida litigation per
Florida Statutes S 768.28 for all owned, non-owned and hired automobiles. The
SUBRECIPIENT shall ab'Tec to maintain physical damage coverage faT a period not less than
10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier
Habitat for Humanity of Collier County, Inc.
Kaicasa Phase I lnfrastruclure
Page 7 of 24
Agenda IIem NO.1 GD26
October 23, 2007
Page 8 of 25
County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The
SUBRECIPIENT shall agree to be fully responsible for any dcductiblcs, self-insured retention
or uncovered losses. The SUBRECIPIEt\'T agrees this coverage shall be provided on a primary
basis.
3. ADDITIONAL INSURED
The SUBRECIPIE1\T shall agree to endorse the COUNTY as an Additional Insured with a CG
2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to
the Commercial General Liability. The Additional Insured endorsement shall read "Collier
County Board of Count v Commissioners a Political Subdivision of the State of Florida. its
Officers. Emnlovces. and Agents. c/o Housinll & Human Services Denartment". The
SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a
primary basis.
4. CERTIFICA TE OF INSURANCE
The SUBRECIPIENT shall agree to deliver to the COUNTY a certificate(s) of insurance
evidencing the required insurance is in full force and effect within thirty (30) calendar days
prior to the execution of this Agreement by the COUNTY. A minimum thirty (30) day
endeavor to notify due to cancellation or non-renewal of coverage shall be included on the
certificate(s).
5. RIGHT TO REVIEW AND ADJUST
Thc SUBRECIPIEI\"T ah'l"ees that the COUNTY, by and through its Purchasing or Risk
Management Department, in coopcration with the HHS Department, reserves the right to
periodically review, modify, reject or accept any required policies of insurance, including
limits, coverage's, or endorsements, herein from time to time throughout the life of this
Agreement. The COUNTY reserves the right, but not the obligation, to review and rcject any
insurer providing coverage because of its poor financial condition or failure to operate legally.
I. INDEPENDENT AGENT AND EMPLOYEES
The SUB RECIPIENT agrees that, in all matters relating to this Agreement, it will be acting as
an independent agent and that its employees are not Collier County employees and are not
subject to the COlJ1\'TY provisions of the law applicable to County employees relative to
employment, hours of work, rates of compensation, leave, unemployment compensation and
employee benefits.
VIII. ADMI'iISTRATlVE REOUIREMENTS
A. FINANCIAL MAI\"AGEMENT
The SUBRECIPIE7\"T agrees to comply with OMS Clrcular A. -110 (Uniform Administrative
Rcquirements for Grants and A/:,'Teements with Institutions of Higher Education. Hospitals and
other Non-Profit Organizations) and af:,'Tces to adhere to the accounting principles and
procedures required therein. utilize adequate internal controls, and maintain necessary source
documentation for all costs incurred.
B. DOClJME'\!TA TION A'iD RECORD - KEEPI'\!G
Habitat for Humanity of Collier County, Inc.
Kaicasa Phase I Infrastructure
Page 8 of 24
;-',gsn-.:.ja :~?iTi r,-'o. 1 CD 6
Oc:d1er 23. 20 7
Page 9 Df 5
I. The SUB RECIPIENT shall maintain all records required hy the CDBG Federal
Regulations.
2. All reports, plans, surveys, information, documents, maps, and other data procedures
developed. prepared, assembled, or completed by the SUB RECIPIENT for the purpose
of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at
any time upon request by the COUNTY or HHS. Upon completion of all work
contemplated under this Agreement, copies of all documents and records relating to this
Agreement shall be surrendered to HHS if requested. In any event the SUBRECIPJENT
shall keep all documents and records for three (3) years after expiration of this
Ab'TCemcnt.
3. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the
preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and
HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi).
4. SUBRECIPIENT shall submit monthly beneficiary reports to Housing & Human
Services using Exhibit "C",
5. The SUBRECIPIENT shall maintain records showing compliance with the Davis-
Bacon Law, including files containing contractor payrolls, employee interviews, Oavis-
Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall
maintain records showing contractor compliance with the Contract Work Hours and
Work Safety Law. Similarly, the SUB RECIPIENT shall maintain records showing
compliance with federal purchasirig requirements and with other federal requirements
for gmnt implementation.
C. PURCHASING
All purchasing for services and goods, including capital equipment, shall be made by purchase
order or by a written contract and in conformity with the procedures prescribed by the Federal
Management Circulars A-I ]0, A-122, 24 CFR Part 84, and 24 CFR Part 85, which are
incorporated herein by reference.
D. REPORTS. AUDITS. AND EV ALUA TIONS
Reimbursement will be contingent on the timely receipt of complete and accurate reports
required by this Agreement, and on the resolution of monitoring or audit findings identified
pursuant to this Agreement.
E.
ADDITIONAL HOUSING & HUMAN SERVICES
REOUIREMENTS
COUNTV
AND HUD
HHS shall have the right under this Ak1feement to suspend or terminate reimbursement until the
SUBRECIPIENT complies with any additional conditions that may be imposed by HHS, the
COUNTY, or HUD at any time.
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Agenda Item ['0. 16026
October 23, 2007
Page 10 of 25
P. PRIOR WRITTEI\ APPROVALS-SUMMARY
The following activities require the prior written approval of the HHS Department or designee
in order to be eligible for reimbursement.
(a)
All subcontracts and agreements proposed to be entered into by the SUB RECIPIENT
pursuant to this Agreement;
All capital equipment expenditures of S 1 ,000 or more;
All out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes,
Chapter 112.061);
All change orders; and
All requests to utilize lUlcommittcd funds after the expiration of this agreement for
programs described in Exhibit A, and
All rates of pay and pay increases paid out of CDBG funds, whether for merit or cost of
living.
(b)
(e)
(d)
(e)
(I)
G. AUDITS AND INSPECTIONS
At any time during normal business hours and as often as HHS, the COUNTY, HUD, or the
Comptroller General of the United States may deem necessary, there shall be made available by
the SUBREClPIENT to HHS, the COUNTY, HUD, or the Comptroller General for
examination all its records with respect to all matters covered by this Agreement.
The SUBRECIPIENT agrees to comply with the provisions ofthc Single Audit Act of 1984. as
amended, as it pertains to this Agreement and any subcontracts entered into under this
Agreement. This will require the SUBRECIPIENT to submit a single audit, including any
management letter, made in accordance with the general program requirements of OMB
Circulars A.IJO (Unifonn Administrative Requirement for Fedcrdl Grants), A-122 (Cost
Principles for Non.Profit Organizations), A-133 (Audits of State, Local Governments, and
Non-Profit Organizations), and other applicable regulations within one hundred and eighty
(180) days after the end of any fiscal year covered by this agreement in which Federal funds
from all sources are expended. Said audit shall be made by a Certified Public Accountant of the
SUBRECIPIENT's choosing, The SUBRECIPIENT shall provide such audit to HHS. In the
event the SUB RECIPIENT anticipates a delay in producing such audit or audited financial
statements. the SUBRECIPIENT shall request an extension in advance of the deadline. The
cost of said audit shall be borne hy the SUBREClPIENT In the event the SlJBRECIPJENT is
exempt from having an audit conducted under A-133 (Audits of State, Local Governments. and
Non-Profit Organization~). the COU:--JTY reserves the right to require submission of audited
financial statements and/or to conduct a '"limited scope audit" of the SUBRECIPIE!\'T as
defined in A-133. The COUNTY v.'ill be responsible for providing technical assistance to the
SLJBRECIPIE"t\,'T. 3S deemed necessary by the COL'NTY.
H. PROGRAM-GENERATED INCOME
All income earned by the SUBRECIPIENT from activities financed in whole or in part by
funds provided hereunder must be reported to HHS. Such income would include, but not be
limited to, income from service fees, sale of commodities, and rental or usage fees. The
SUBRECIPIENT shall report its plan to utilize such income to HHS, and said plan shall
require the prior written approval of the HHS Department or designee. Accounting and
disbursement of such income shall comply with OMS Circular A.I]O (Lniform Administrative
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,t,g:mda ilem t~o. 1 SD 6
OctCJber 23, 20 7
,::>age 11 of 5
.,
.
.
.
Requirement for Federal Grants) and other applicable regulations incorporated herein by
reference.
In addition to the foregoing, Program tneome, as defined by 24 CFR 570.500(a) for CDBG
funds may be retained by the Agency. Program Income shall be utilized to undertake activities
specified in "Exhibit AU of this Agreement, and all provisions of this Agreement shall apply to
stated activities. Any Program Income on hand at or received by the SUB RECIPIENT or its
sub-contractors after the expiration of this Agreement shall be returned to the COUNTY no
later than thirty (30) days after such expiration, subject to any SUB RECIPIENT requests to
utilize uncommitted funds,
L GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but not limited to; making final
payments, disposing ofpro&,rram asset~ (including the return of all unused materials, equipment,
un~'Pent cash advances, program income balances, and receivable accounts to the COUNTY),
and determining the custodianship of records.
IX. OTHER PROGRAM REOUIREMENTS
A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability,
national origin, rcli~ion, age, familial status, or sex be excluded from the benefits of, or be
subjected to, discnmination under any activity carried out by the performance of this
Agreement. Upon receipt of evidence of such discrimination, the COUNTY shall have the right
to terminate this Agreement.
To the greatest extent feasible, lower-income residents of the project areas shall be given
opportunities for training and employment; and to the greatest feasible extent eligible business
concerns located in or owned in substantial part by persons residing in the project areas shall be
awarded contracts in connection with the project. The SUB RECIPIENT shall comply with the
Section 3 Clause of the Housing and Community Development Act of 1968.
B. OPPORTUNITIES FOR SMALL AND MINORITV/WOMEN-OWNED BUSINESS
ENTERPRISES
In the procurement of supplies, equipment, construction, or services to implement this
Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and
minority/women-owned business enterprises of supplies and services, and provide these
sources the maximum feasible opportunity to compete for contracts to be performed pursuant to
this Agreement. To the maximum extent feasible these small business and minority/women.
owned business enterprises shall be located in or owncd by residents of the COSO areas
designated by Collier County in the Annual Consolidated Plan approved by HUO.
C. PROGRAM BENEFICIARIES
At least fifty-one percent (51 %) of the beneficiaries of a project funded through this Agreement
must be low- and moderate. income persons. If the project is located in an entitlement city, as
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Kaicasa Phase] Infrastructure
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Agenda Item No. 16026
OcIober 23, 2007
Page 12 of 25
defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the
beneficiaries directly assisted through the use of funds under this Agreement must reside in
unincorporated Collier County or in municipalities participating in the County's Urban County
Qualification Program. The project funded under this Agreement shall assist beneficiaries as
defined above for the time period designated in Exhibit A of this Agreement. The
SUBRECIPIENT shall provide writtcn verification of compliance to HHS upon HHS's request.
D. EV ALUA TION AND MONITORING
The SUBRECIPIENT agrees that HHS will carry out periodic monitoring and evaluation
activities as determined necessary hy HHS or the COUI'\;'TY and that the continuation of this
Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this
Agreement, comparisons of planned versus actual progress relating to project scheduling,
budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon
request to HHS, the COL'NTY or the COUNTY's designees and make copies or transcriptions
of such records and information, as is determined necessary by HHS or the COU!'iTY. The
SUBRECIPIENT shall, upon the request of HHS, submit infom1ation and status reports
required by HHS. the COUNTY or HUD on forms approved by HHS to enable HHS to
evaluate said progress and to allow for completion of reports required of HHS by HUD. The
SUBRECIPIENT shall allow HHS or HUD to monitor the SUB RECIPIENT on site. Such site
"lsits may be scheduled or unscheduled as detennined by HHS or HUD.
E. CONFLICT OF INTEREST
The SUB RECIPIENT covenants that no person who presently exercises any functions or
responsibilities in connection with the Project, has any personal financial interest, direct or
indirect, in the target areas or any parcels therein, which would conflict in any manner or
degree with the performance of this AbTfeement and that no person having any conflict of
interest shall be employed by or subcontracted by the SUB RECIPIENT. luJy possible conflict
of interest on the part of the SUB RECIPIENT or its employees shall be disclosed in writing to
HHS provided, however, that this paragraph shall be interpreted in such a manner so as not to
unreasonably impede the statutory requirement that maximum opportunity be provided for
employment of and participation of low and moderate-income residents of the project target
area.
F. PUBLIC ENTITY CRIMES
As provided in F.S. 287.133 by entering into this Agreement or performing any work in
furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors
and consultant.s Vorho will perfom1 hereunder, have not been placed on the convicted vendor list
maimained by the State of Florida Department of Management Services within the 36 months
immediately preceding the date hereof. This notice is required by F.S. 2f<7.133 (3)(a).
G. DRUG-FREE WORKPLACE REOUIREMENTS
The SUBREClrIENT, as a condition of being a\l.:ardcd, must certify that they ,",,'ill provide
drug-free workplaces in accordance v.'ith the Drug-Free \\"orkplaee Act of 19HR (42 U.S.c.
701) and with HUD.s rules at 24 CFR Part 24, subpart F.
H. CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her kno\','ledge and belief. that:
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/\Genda ite:Ti No. i 6026
" OcI~b8r 23.2007
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1. No Federal appropriated funds have been paid or will be paid, by or on 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, loan, or cooperative
agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing Of 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.
1. REAL PROPERTY
Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects
stated herein, and approved by the COUNTY in accordance with the Unifonn Relocation
Assistance and Real Property Acquisition Policies Act of 1970 and 49 eFR 24.10 I, shall be
subject to the provisions ofthc CDBG Regulations including, but not limited to, the provisions
on use and disposition of property. Any real property within the SUB RECIPIENT control,
which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must
adhere to the CDBG Regulations at 24 eFR 570.505.
X. ENVIRONMENTAL CONDITIONS
A. AIR AND WATER
The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements
insofar as they apply to the perfonnance of the Contract:
1. Clean Air Act, 41 V.S.c., 7401, et seq.
2. Federal Water Pollution Control Act, as amended, 33 U.S.c. 1251, et seg., as amended,
1318 relating to inspection, monitoring, entry, rcports, and infonnation, as well as other
requirements specified in said Section 114 and Section J08 (EPA) regulations pursuant
to 40 C.F.R., Part 50, as amended.
8. FLOOD DISASTER PROTECTION
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 use
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Kaicasa Phase I Infrastructure
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Agenda Item No. 16026
October 23, 2007
Page 14 of 25
4001), the Subrccipient shall assure that for activities located in an area identified by FEMA as
having special flood hazards, flood insurance under the National Flood Insurance Program is
obtained and maintained as a condition of financial assistance for acquisition or construction
purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be
obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood
insurance.
e. LEAD-BASED PAINT
The Subrecipient 3~'T":'" In~~1 :''1;.' :'(lr!strtlction or rehabilitation of residcntial structures with
assistance provided under this contract shall be subject to HUD Lead.Based Paint Regulations
at 24 eFR 570.608, 24 eFR Part 25 and 24 eFR part 92.355. Sueh regulations pertain to all
HUD.assisted h0t(,ing ,md require that all owners, prospective owners, and tenants of
properties constructed prior to 1978 be properly notified that such properties may include lead.
based paint. Such notification shall point out the hazards of lead-based paint and explain the
symptoms, treatment and precautions that should be taken when dealing with lead-based paint
poisoning and the advisability and availability of blood lead level screening for children under
seven. The notice should also point out that if lead-based paint is found on the property,
abatement measures might be undertaken.
D. HISTORIC PRESERVATION
The Subrecipicnt agrees to comply with the Historic Preservation requirements. set forth in the
National Historic Preservation Act of 1966. as amended (16 U.S.c. 470) and the procedures set
forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection
of Historical Properties, insofar as they apply to the performance of the Contract. In general,
concurrence from the State Historic Preservation Officer is required for all rehabilitation and
demolition of historic properties that are fifty years old or older or that are included, on a
Federal, state, or local historic propeny list.
XL SEVERABILITV OF PROVISIONS
If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be
affected thereby if such remainder would then continue to confonn to the terms and requirements of
applicable law.
XII. REVERSION OF ASSETS
Upon expiration of the Agreement, the SUBRECIP1ENT shall transfer to the COLlNTY any CDBG
funds on hand at the lime of expiration, any accounts receivable attributable to the use of C )BG funds,
and any non-expendable personal property that was purchased v.,'ith CDBG funds. Any r"al property
under SUBRECIPIENT control that was acquired or improved in whole or in part WIth CDBG funds in
excess of Twenty-five Thousand Dollars ($25.000) will be covered by the regulations ~...; CFR Part
570.503(8 )(X).
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/\.;;;snda iienl r~o. 160 6
October 23, 2'J 7
Page! 5 or 5
XIII. CONDITIONS FOR RELIGIOUS ORGANIZA TJONS
CDBO funds may not be used for religious activities Of provided to primarily religious organizations.
24 CFR 570.2000) specifies the limitations on CDBG ftmds, and is herein incorporated by reference.
XIV. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of twenty-three (23) enumerated pages, which include the exhibits
referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an
original, and such counterparts will constitute one and the same instrument.
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Agenda Item No. 16026
October 23, 2007
Page 16 of 25
XV. ENTIRE UNDERSTANDING
This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and
constitutes the entire understanding. The parties hereby acknowledge that there have been and are no
representations. warranties, covenants, or undertakings other than those expressly set forth herein.
WITNESS our Hands and Seals on this _day of
.200
HABITAT FOR HUMANITV OF COLLIER
COUNTV, INC.
BY:
(SUB RECIPIENT SEAL)
SAMUEL J. DURSO, M.D., PRESIDENT
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COL'NTV, FLORIDA
By:
BY:
Patricia Morgan, Deputy Clerk
JAMES COLETTA, CHAIRMAN
Approved as to fann and
legal sufficiency:
Jeffrey A. KlatLKow
Managing Assistant County Attorney
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Kaicasa Phase I Inrrastructure
Page 16 of14
!\.csnda item i>Jo. 16026
" Octoher 23. 2007
P"Je 17 of 25
EXHIBIT ".4"
SCOPE OF SERVICES
HABITAT FOR HUMANITY
INFRASTRlICTURE - KAICASA
THE SUBRECIPIENT AGREES TO:
A. PROJECT DESCRIPTION:
HABITAT FOR HUMANITY. proposes to: construct 204 homes in Kaicasa Phase I that will provide
affordable horneownership opportunities for its residents. The housing units will be single-family,
owner-occupied, 3-bedroom homes, built as attached villas and are scheduled to be completed by
December, 2009. All homes will be purchased and occupied by low and very-low income, service and
agricultural workers in Collier County who are U.S. citizens or legal aliens and meet the HUD Income
Guidelines.
B. PROJECT SCOPE:
The scope of this phase of the project is infrastructure construction to support up to two hundred and
four (204) homesites in Kaicasa, located on route 29, in Immokalee, FL adjacent to Fannworker's
Village. lnfrastructure will include clearing of land, road construction and paving, sewer facilities,
water facilities (including fire protection), driveway aprons, flood control and drainage,
The SUB RECIPIENT shall submit to Housing & Human Services a certification that all households
meet income qualification at time of full occupancy.
The Subrecipient will be responsible for the following:
The creation and maintenance of income eligible files on clients served and documentation that all
households are eligible under HUD Income Guidelines. Submission of documentation of Match Funds
listed under Budget in Section B prior to submittal of first Request for Payment form,
Posting of visible signage at the work site identifying the funding source(s) as mentioned in section VII
part F.
NOTE 1: The SUB RECIPIENT shall submit its bid package and drawings/specifications to HHS and
obtain a letter of approval prior to bidding the construction work. The final number of units to be
constructed must be reported to the HHS staff as soon as the determination is made if it differs from
two hundred & four (204).
NOTE 2: The SUBRECIPIENT shall prioritize the work in the Project, and shall bid such work in a
manner that would allow the receipt of itemized costs from bidders, which would then allow the award
of items that can be funded by the budget.
NOTE 3: The SUBRECIPIENT shall not award the construction contract for the Project until
sufficient funding is available to complete the established scope of work. The SUBRECIPJENT shall
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Kaicasa Phase I Infrastructure
Page 17 of 24
Agenda Item No. 16026
October 23, 2007
Page 18 of 25
:tem ~~o_ '16026
Octob8r 23, 2007
Page 19 of 25
obtain HHS's approval prior to awarding the constmetion contract to be funded through this
agreement. After awarding such contract, the SUBRECIPIENT shall obtain HHS's approval prior to
executing any change orders to such contract.
NOTE 4: The SUB RECIPIENT shall not request advancement from HHS for materials or equipment
received and stored on the project site or elsewhere. The SUBRECIPIENT shall only request
advancement for materials and equipment that have been installed.
The SUBRECIPIENT further agrees that HHS, in consultation with any parties HHS deems necessary,
shall be the final arbiter on the SlJBRECIPIENT's compliance with the above.
c.
BUDGET:
KaicasQ Phase I Infrastructure
Line Item:
Infrastructure
Clearing of Land & Excavation
Infrastructure
Drainage (Storm Sewer)
Sewers (Sanitary)
Portable Water
Landscaping
Roads Construction
Roadway Fill
Paving
Engineering
Underground Electric
Driveway Aprons
Flood control and drainage
Miscellaneous Site Development
Subtotal
Total Development Budget
CDBG Funds
Other
Total
S1,OOO.000.00
$1,000.000.00
S24,OOO, 000. 00
S24.000.000.00
25,000,000.00
Any indirect costs charged must be consistent with thc conditions of this Agreement. If indirect costs
are charged, thc SUBREClPIENT, as SUBRECIPIENT, will develop an indirect cost allocation plan
for determining the appropriate SUBRECIPIENT's share of administrative costs and shall submit such
plan to HHS, on behalf of the COU!,\'TY, as the Grantee, for HHS's approval, in a fonn specified by
HHS. In addition, HHS may require a more detailed budget breakdown than the onc contained herein,
and the SUBRECIPIENT shall provide such supplementary budget information in a timely fashion in
the fonn and content prescribed HHS. Any amendments to this budget must be approved in writing
by HHS and tbe SUBRECIPIEt\T.
Habitat for Humanity of Collier County, lnc.
Kaicasa Phase I Infrastructure
D. ST AFFING: Provide list of staff directly responsible for reporting and request for payment processing.
E. BONDrNG REOLlREMENTS: The SUBRECIPIENT shall comply with the requirements of OMB
Circular A-ll0 (Uniform Administrative Requirement for Federal Grants) and 24 CFR Part 84 in
regard to any bid guarantees. perfamnnec bonds. and payment bonds.
F. CO'\;STRUCTION PAVMENT RETAINAGE: The SGBRECIPIENT shall apply a retainage of at
Pagc-18of24
Agenda Item No. 16026
October 23,2007
Page 20 of 25
least 5% on all construction draws which retainages shall be released in conjunction with the final
draw upon satisfactory completion of the Project. The SUBRECIPIENT agrees not to release such
retainages until it has obtained approval from the COUNTY that the contractor and subcontractors
have complied with the requirements of the Davis~Bacon Act.
G, FORMER PROJECTS: Failure to adequately maintain any former CDBG funded project may result in
the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future
CD BG funds.
I H.
WORK SCHEDULE: The time frame for completion of the disbursement ofCDBG funds under this
Av:rccment .$l1a!lJ:,.c as follows;
-{ Deteted: outlined activitiea
Milestone Deadline
50% of fundino- exoended FebruaTv 2008
100% of funding: exnended June 15, 2008
Please note that ifany a/these activities exceed the timelines by two months a revised work schedule
must be submitted fa HHS.
It is not a condition of this AL'TCcme-nt that all activities for this nroicct be comnleted within this
timcframe~ _
-{ Fonnltted: Foot: Not Italic
I. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to HHS outlining
the status of specific activities under the project. Each report must account for the total activity for
which the SUBRECIPIENT is paid with CDBG funds, in part or in whole, and which is required in
fulfillment of their obligations regarding the Project. The progress reports shall be submitted on the
form Exhibit "C". The progress reports shall be used as an additional basis for HHS's approval of
invoices, etc. for payment.
After funding is expended, the monthly reporting requirements will be changed. The
SllBRECIPIENT shall submit semi-annual reports until the 204 units are constructed and 51 %
occupancy has been obtained.
J. OUTCOME PERFORMANCE MEASUREMENTS:
OBJECTIVE OUTCOMES ACTIVITY INDICA TORS
I DECENT HOUSING Affordability through the Infrastructure for new Number of new
creation ~t new housing housing construction affor~~b~\ homes to be
units (204 built 204
K. DA VIS-BACON ACT: The SUB RECIPIENT shall reauest the County to obtain a Davis-Bacon waee
decision for the oroiect oricr to advertisinQ the construction work. The SUBRECIPIENT shall
incoroorate a coPy of the Davis-Bacon warre decision and disclose the reauirements of the D3Vis~
Bacon Act in its construction hid solicitation and sub-contract(s).
L. COMPENSATION: The County shall pay the SUBRECIPIENT for the perfonnance of this
Agreement upon completion or partial completion of the work tasks as accepted and approved by HHS
pursuant to the submittal of monthly progress reports as identified in Section 1. Payments shall be
made to the SUBRECIPIENT whcn requested as work progresses, but not morc frequently than once
per month. Adherence to the work schedule identified in Section H will be required, unless moditied in
Habitat for Humanity of Collier County, Inc.
Kaicasa Phase I Infrastructure
Page 19 of24
writing by the parties. Payment will be made upon receipt of a proper invoice and in compliance with
Section 218.70, Fla. Stats., otherwise known as the "Florida Prompt Payment Act".
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Kaicasa Phase J Infrastructure
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/\,;Jsnda ilem No. 16026
OGtGber 23 2007
Page 21 of 25
EXHIBIT "B"
COLLIER COUNTY HOUSING AND HUMAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name:
Habitat for Humanitv of Collier County Inc.
Subrecipient Address:
11145 Tamiami Trail East. Naoles, FL 34113
Project Name:
Kaicasa Phase I ~ Infrastructure
Project No;
Pa;ment Request #
Dollar Amount Requested: $
SECTION II: STATUS OF FUNDS
I. Grant Amount A warded
1,000,000
$
2. Sum of Past Claims Paid on this Account
$
3. Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account
4. Amount of Previous Unpaid Requests
$
$
5. Amount ofToday's Request
$
6. Current Grant Balance (Initial Grant Amount A warded
Less Sum of all requests)
7. If applicable amount held as rctainagc to date
by the County, if not retained by the sub~recipient
$
$
I certify that this request for payment has been drawn in accordance with the terms and conditions of the
Agreement between the County and us as the Sub-recipient. I also ccnify that the amount ofthc Request for
Pa)'Tllcnt is not in excess of current needs.
Signature
Date
Title
Authorizing Grant Coordinator
Supervisor
Dcpt Director
(approval authority uDder $14,999)
(approval required $15,000 aDd above)
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Agenda Item No. 16026
October 23, 2007
Page 22 of 25
EXHIBIT "C"
CDBG MO!\"THL Y PROGRESS REPORT
Complete form for past month and submit to Hou.fi;ng & Human Services staff by the JrI" of the following
month.
Status Report for Month of
Submittal Date:
Project Name Kaicasa Phase I - Infrastructure
Project Number Activity Number
Subrecipient Habitat for Humanitv of Collier County. Inc.
Contact Person Cheryl Malone Director of Administration
Telephone: (239) 775-0036
Fax: (239) 775-0477
E-mail:
cma]onerWhfucol1 ieT .com
1. Acth.:ity Status/Milestones (describe any action taken, relating to this project, during the past month):
2. What events/actions are scheduled for the next two months?
3. Describe an:y affirmative marketing )'ou have implemented regarding this project. Please list and
attach any recent media coverage of your organization relating to this project
4. List any additional data relevant to the outcome measures listed on the application for this project.
5. Identify an)' potential issues that may cause dtds)'.
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,L.genda item r~o. 16026
Oct:Jb8r :23. 2007
Page 23 of 25
6. New contracts executed this month (if applicable):
Name of Contractor or Amount of Contractor Race Ethnicity
Subcontractor, Address & Phone Contract FederallD (see definitions on (see definitions on
Number Number following plllge) following p_ae)
7. For projects that serve 8 particular clientele, please complete the following infonnation by entering the
appropriate number in the blank spaces and in the ehart below. Complete the below chart for NEW clients
served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by
either households or persons served. However, if one person received TWO services this counts as TWO
SERVICE UNITS:
TOTAL BENEFICIARIES
This project benefits households or persons. Please circle one category (either "households" or
"persons"). Enter the number of beneficiaries in the blank space and in box "l. "
INCOME
Of the households or persons assisted, are extremely low~income income (0-30%) of the current
Median Family Income (MFI). Enter ,his number in box "2. "
Of the households or persons assisted, are very low-income (31-50%) of the current Median
Family Income (MFI). Enter this number in box "3. ..
Of these households or persons assisted,
Income (MFI). Enter this number in hox "4. ..
are low-income (51-80%) of the current Median Family
NOTE: The total of boxes 2. 3 and 4 should equal/he number in box 1.
FEMALE HEAD OF HOUSEHOLD
This project assisted
in box '"5" below.
Female Head of Households REGARDLESS of income. Enter this number
BOX I BOX 2 flaX) BOX 4 BOX 5
Total Number of Extremely Very Lowlnwme Female Head uf
Houiehoktsor Pel'$ulIs LOI" Income l.o\\'lncnmc (51-Hm..,) Ilou3ehold
As~isled
Ill-10"1o) (31.50%1
Habitat for Humanity of Collier County, Inc.
Kaicasa Phase I Infrastructure
Page 23 of 24
Agenda Item No. 16026
October 23, 2007
Page 24 of 25
I I I I I
SubreciDients must indicate total beneficiaries for Race AND Ethnicitv
Definitions of Race:
1. White: A person having oribrins in any of the original peoples of Europe, the Middle East, or North
Africa.
2. Black or African.Amcrican: A person having origins in any of the black racial groups of Africa.
3. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or
the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia,
Pakistan, the Philippine Islands, Thailand, and Vietnam.
4. American Indian or Alaska Native: A person having origins in any of the original peoples of North
and South America (including Centrdl America), and who maintains tribal affiliation or community
attachment.
5. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of
Hawaii, Guam, Samoa, or other Pacific Islands.
Definitions of Ethnicity:
1. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or
other Spanish culture or origin, regardless of race. .
Tabulation Table of Race and Ethnicitv Beneficiaries
,.'<' "i""',," ,','",:, ,/ ",.,,'#TOlaJ ' ,lilrllpllniC', ,
"White
Black or African American
Asian
American Indian or Alaskan Native I
Native Hawaiian or Other Pacific Islander
American Indian/Alaska :\ative and \Vhite i
Asian and '~lhite I
Black/African American and White
American Indian/Alaskan Native and Black-African American I
Other Multi-Racial I
,- TOT AL:'P ",'," "
Habitat for Humanity of Collier County. Inc.
Kaicasa Phase I Infrastructure
Page ~4 of 24
t'\Q8nda [ism No. 160 6
~ Octobar 23. 20 7
Page 25 of 5
Agenda Item No. 16027
October 23, 2007
Page 1 of 25
EXECUTIVE SUMMARY
Recommcndation that the Board of County Commissiouers approves, and authorizes its
Chairman to sign, a Suhrecipient Agrcemcnt providing Disaster Recovery Initiative (DRI)
funding in the amount of $374,545.00 to The Empowerment Alliance of Soutbwest Florida,
Inc., for infrastructure to support coustruction of 15 single-family homes in Immokalee, to be
known as Hatcher's Preserve, intended for low income, first time homcbuyers and families
displaced by Hurricane Wilma.
OBJECTIVE: That the Board of County Commissioners approvcs Disastcr Recovery Initiative
(DRI) funding in the amount of $374,545.00 to The Empowcrment Alliance of Southwest
Florida (EASF). The EASF proposcs to construct J 5 single-family homes in lmmokalee for a
project to be known as Hatcher's Prescrvc, which will bencfit low income, first time
homebuyers, and families displaced by Hurricane Wilma, who are U.S. citizens or legal aliens
and meet the HUD Income Guidclines. The DRl funding will be used for infrastructure to
support construction of the housing units.
CONSIDERATIONS: Funding in the amount $374,545.00 has becn awarded for the purpose
of providing infrastructure to support the construction of housing units. Final completion date
for funded activity shall be no later then April 30, 2009.
,..-"
The Board of County Commissioners approved six projccts to be funded with a Disaster
Recovery Grant Application on September 12, 2006 and acccpted and signcd the contract for
$2.3 million in DRl funding with the Dcpartment of Community Affairs on May 22, 2007. This
projcct is one of the six projects previously approvcd.
FISCAL IMPACT: Approval of this contract will pnl\idc a Disaster Recovery Initiative
funding in the amount of $374,545.00 to The Empowerment Alliance of Southwest Florida, Inc.,
for infrastructurc. No gencral funds will bc used f()r thesc projects.
GROWTH MANAGEMENT lMl'ACT: The proposed grant to The Empowennent Alliance
of Southwest Florida, Inc., will benefit thc low-income residenls of Immokalee. which is
consistent with the Growth Management Plan.
LEGAL CONSIDERATIONS: The pmposcd Agreement is a standard HUD/Community
Development Block CJrant (CDBG) subrecipient agreement f()rm in use in Collier County since
2001.- .I.AX.
RECOMMENDATION: That the Board of County Commissioners approves, and authorizes
its Chairman to sign, a Subrccipient Agrecment providing a $374.545.00 grant to The
Empowerment Alliance of Southwest Florida, Inc., to be used I(lr infrastructure in the
construction of 15 singlc-fumily homes in Hatcher's Preserve, using Florida Department of
Community Affuirs in Community Development 1310ck CJrant funds.
--
Prepared by: Sandra Marrero, CJrants Management Coordinator
Housing and Human Services Department
Agenda Item No. 16027
October 23, 2007
Page 2 of 25
AGREEMENT BETWEEN COLLIER COUNTY
AND
EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA
HATCHER'S PRESERVE
Florida Administrative Code 9BER06-1
CFDA # 14.228
THIS AGREEMENT, is entered into this day of , 20_, by and between
Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", and 'The
Empowerment Alliance of SW Florida Community Development Corporation," a private not-for-profit
corporation existing under the laws of the State of Florida, having its principal office at 750 South Fifth Street,
Inunokalee FL 34142 and its Federal Tax Identification number as 59-3682139, hereinafter referred to as
"SUBRECIPIENT."
WHEREAS, the COUNTY has entered into an agreement with the State of Florida, Department of
Community Affairs; and
WHEREAS, Pursuant to the aforesaid agreement COUNTY is undertaking certain activities to primarily
benefit very low and low income persons by addressing hurricane impacted housing public facility and
community development needs; and
WHEREAS, The Board of County Commissioners of Collier County approved the Collier County Agreement
with the Florida Department of Community Affairs for $2,339,882 in Community Development Block Grant
Disaster Recovery Initiative funds relating to Hurricane Wilma with Resolution 2007-144 on May 23, 2007,
and
WHEREAS, the COUNTY and the SUBRECIPElNT desire to provide the activities specified in Exhibit A of
this Agreement, in accord with the approved 2005 Disaster Recovery Sub grant Agreement; and
WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the
Disaster Recovery Initiative (DRI) Program as a valid and worthwhile County purposes.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed
Empowerment AllIance ot Southwest 1< londa
Hatcher's Preserve Page I of23
,4o~r\'::;a item ~'Jo. : 6D27
~ OctDber 23. 2007
P8'Je 3 of 25
by the Parties as follows:
1. DEFINITIONS
(1) "COUNTY" means Collier County, and where applicable, it's authorized representative(s).
(2) "CDBG" means the Community Development Block Grant Program of Collier County.
(3) "HHS" means the Housing and Human Services Department of Collier County.
(4) "SUBRECIPIENT" means The Empowerment Alliance of SW Florida Community
Development Corporation
(5) "HHS's Approval" means the written approval of the Housing and Human Services
Department or designee.
(6) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a
person authorized to act on its behalf.
(7) "Low and moderate income persons" means the definition set by HUD.
(8) . "Project" means the work contemplated to be performed as set forth in Exhibit "A".
(9) "DRI" means Disaster Recovery Initiative Program
(10) "DCA" means Florida Department of Community Affairs
II. SCOPE OF SERVICES
The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HHS, perform the tasks
necessary to conduct the prof,'Tam outlined in Exhibit "A," and shall submit each request for reimbursement
using Exhibit "B" along with the monthly submission of Exhibit "C," all of which are attached hereto and
made a part hereof.
III. TIME OF PERFORMANCE
The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the
timely release offunds for this project by DCA under Agreement No. 07DB-3V-09-21-0l-Z 01. The effective
date shall be the latest date of execution of this Agreement, and the services of the SUB RECIPIENT shall be
undertaken and completed in light of the purpoi"es of this Af,'Teement. In any event, all services required
hereunder shall be completed by the SUBRECIPIENT prior to April 30, 2009. _Any funds not obligated by
the expiration date of this Agreement shall automatically reve11 to the COUNTY, as set forth in Part VIII F
(e), and Part VIII H below.
IV. CONSIDERATION AND LIMITATION OF COSTS
The SUBRECIPIENT shall bc paid by the COUNTY for allowable costs, detennined by COUNTY and DCA,
in an amount not to exceed Three Hundred Seventy-four Thousand Five Hundred forty-five dollars ($374,545)
for the services described in Exhibit "A."
All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put
out to competitive bidding under a procedure acceptable to the COUNTY and federal/state requirements. The
SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and responsible
bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY,
which shall have access to all records and documents related to the proj ect.
tmpowcrment Alhance of Southwest l<londa
Hatcher's Preserve
Page 2 of 23
Agenda Item No. 16027
October 23, 2007
Page 4 of 25
V. NOTICES
All notices required to be given under this Agreement shall be sufficient when delivered to HHS at its office,
presently located at 3050 North Horseshoe Drive, Suite 110, Naples, Florida 34104, and to the
SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement.
VI. SPECIAL CONDITIONS
The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part
570 of the Housing and Urban Development regulations concerning Community Development Block Grants
(CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT
further agrees to utilize funds available under this Agreement to supplement rather than supplant funds
otherwise available for specified activities.
COUNTY is bound by the Federally Funded 2005 Disaster Recovery Sub grantee Agreement, executed by the
State of Florida and COUNTY to require SUBRECIPIENT to acknowledge the following, as applicable:
1. SUBRECIPIENT acknowledges that it will adhere to all applicable terms of the Federally Funded 2005
Disaster Recovery Subgrantee Agreement, executed between the State of Florida and COUNTY as
outlined in Attachment A: Program Guidelines;
2. SUBREClPIENT acknowledges that it will adhere to all applicable State and Federal laws and
regulations;
3. SUBRECIPIENT acknowledges that the Florida Department of Community Affairs and the COUNTY
shall be held harmless against all claims of whatever nature arising out of the SUBRECIPIENT'S
performance of work.
If needed, SUBRECIPIENT may be called upon to assist COUNTY during a natural disaster or emergency.
VII. GENERAL CONDITIONS
A. IMPLEMENT A TION OF PROJECT ACCORDING TO REOUIRED PROCEDURES
The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal,
State, and County laws, ordinances and codes and with the procedures outlined in HHS'
Policies and Procedures memoranda. The Federal, State, and County laws. ordinances and
codes are minimal regulations supplemented by more restrictive guidelines set forth by HHS.
No payments will be made until approved by the HHS Dcpartment or designee.
Should a project receive additional funding after the commencement of this Agreement, the
SUBRECIPIENT shall notify HHS in writing within thirty (30) days of receiving notification
from the funding source and submit a cost allocation plan for approval by the HHS Department
or designee within forty-five (45) days of said official notification.
B. COMPLIANCE WITH LOCAL STATE AND FEDERAL RULES, REGULATIONS AND
LAWS
During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any
applicable laws, regulations and orders listed below which by reference are incorporated and
made a part hereof. The SUB RECIPIENT further agrees to abide by all other applicable laws,
Empowerment AllIance ot Southwest J:<londa
Hatcher's Preserve
Page 3 of 23
AOS:lcla !:em ~)o, 16027
~ October 23, 2007
?aD" 5 of 25
I. 24 CFR Part 570, as amended - The regulations govemmg the expenditure of
Community Development Block Grant funds.
2. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure.
3. 36 CFR Part 800 - The regulations outlining the procedures for the protection of
historic and cultural properties.
4. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil
Rights Act.
5. 24 CFR Part] 07 - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
6. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which
establishes hiring goals for minorities and women on projects assisted with federal
funds.
7. Title VII of tbe 1968 Civil Rigbts Act as amended by tbe Equal Employment
Opportunity Act of] 972 - which prohibits discrimination in employment.
8. 24 CFR 135 - Regulations outlining requircments of Section 3 of the Housing and
Urban Development Act of 1968, as amended.
9. Age Discrimination Act of 1973
10. N ationaJ Flood Insurance Act of] 968
11. 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally
assisted construction contracts.
12. 40 CFR Part 15 - Regulations rclating to the applicability of the Clean Air and Water
Pollution Acts.
13. Contract Work - Hours and Safety Standards Act
14. Lead Based Paint Poisoning Preventive Act
15. Section 504 of the Rehabilitation Act of] 973
16. Uniform Relocation Assistance and Real Property Acquisition Policies Act of ]970
17. 29 CFR Parts 3, 5 and 5a - Regulations which prescribe the payment of prevailing
wages and the use of apprentices and trainees on federally assisted projects as mandated
by the Davis-Bacon Act. HCD Foml 4010, which describes the Davis-Bacon Act, is
included as part of this agreement and must be included in all construction contracts
funded by CDBG. See attachment A-3.
Empowem1ent AllIance oj Southwest l<londa
Hatcher's Preserve
Page 4 of 23
Agenda Item No. 16027
October 23, 2007
Page 6 of 25
18. Revised Order Number 4 - Regulations that establish guidelines for the
implementation of Executive Order 11246 as amended by Executive Orders 11375 and
12086.
19. Executive Order 11914 - Prohibits discrimination with respect to the haodicapped in
federally assisted proj ects.
20. Execntive Order 11625 and U.S. Department of Housing and Urban Development
Circular Letter 79-45 - which prescribes goal percentages for participation of minority
businesses in Community Development Block Grant Contracts.
21. 29 CFR Part 3 - The Copeland Anti-Kickback Act (i 8 U.S.C. 874 and 40 U.S.C.
276c), which deals with employee forfeiture of compensation by force.
22. Florida Statutes, Chapter 112 - which deals with conflict of interest.
23. HUD - required reports, circulars, and procedures, such as the Grantee Performance
Report.
24. Public Law 100-430 - the Fair Housing Amendments Act of 1988.
25. 24 CFR 570, Subpart J - regulations covering standard Grant Administration
Procedures. These replace OMB Circular A-102. This subpart includes 24 CFR
570.502.
26.0MB Circular A-133 - concerning annual audits.
27.0MB Circular A-122 - which identifies cost principles.
28. Section 109, Public Law 100-202 - which restricts the awarding of public works
contracts to firms from forcign countries with unfair trade practices.
29. 24 CFR Part 84 - OMB Circular A-lIO Codified in the Unifonn Administrative
Requirements for Grants and Agreements With Institutions of Higher Education,
Hospitals and Other Non-Profit Organizations.
30. 24 CFR Part 85- OMB Circular A-I02 Codified in the Uniform Administrative
Requirements for Grants and Agreements to State aod Local Govenunents.
31. Cbapter 427, Florida Statutes - which requires the coordination transportation for the
disadvantaged.
32. Chapter 403.7065, Florida Statues - which refers to the procurement of products or
materials with recycled content.
33. Cbapter 39.201, Florida Statutes - that any person who knows, or has reasonable
cause to suspect, that a child is abused, abandoned. or neglected by a parent, legal
custodian, caregiver, or other person responsible for the child's welfare, as defined in
Empowerment AllIance of Southwest J:< Jonda
Hatcher's Preserve Page 5 of23
,',G2nSa :tern r,Jo. 16027
- October 23. 2007
Page 7 of 25
this chapter, shall report such knowledge or suspicion to the Central Abuse Hotline (1-
800-962-2873).
34. Cbapter 415.1034, Florida Statutes - that any person who knows or has reasonable
cause to suspect that a vulnerable and or disabled adult has been abused, neglected, or
exploited, shall immediately report such knowledge or suspicion to the National Center
on Elder Abuse Hotline (1-800-962-2873).
35. Cbapters 435.03 and 435.04, Florida Statutes - that if any personnel in programs
under this contract work directly with children or youths and vulnerable or disabled
adults - employment screening is required.
36. Chapter 216.347, Florida Statutes - prohibits the expenditure of contract funds for the
purpose oflobbying the legislature, state or county agencies.
C. Su~CONTRACTS
Any work or services subcontracted by the SUBRECIPlENT shall be specifically by written
contract or agreement, and such subcontracts shall be subject to each provision of this
Agreement and applicable County, State, and Federal guidelines and regulations. Prior to
execution by the SUBRECIPlENT of any subcontract hereunder, such subcontracts must be
submitted by the SUBRECIPIENT to HHS for its review and approval, which will specifically
include a detenllination of compliance with the terms of the attached Work Program set forth
in Exhibit "A."
This review also includes ensuring that all consultant contracts and fee schedules meet the
minimum standards as established by the Collier County Purchasing Department and HUD.
Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee
contracts. All additional services shall have prior written approval with support documentation
detailing categories of persons performing work plus hourly rates including benefits, number of
drawings required, and all items that justify the "Fixed Fce Contract." Reimbursements for
such services will be made at SUBRECIPIENT cost.
None of the work or services covered by this Agreement, including but not limited to
consultant work or services, shall be subcontracted by the SUBRECIPIEKT or reimbursed by
the COUNTY wjthout prior written approval of the HHS Department or his designee.
D. AMENDMENTS
The COUNTY may, at its discretion, amend this Agreement to conform to changes required by
Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall
be incorporated by written amendment as a paJi of this Agreement and shall be subject to
approval of the COCNTY. Except as otherwise provided herein, no amendment to this
Agreement shall be binding on either party unless in writing, approved by the COUNTY and
signed hy each Party's authOlized representatives.
E. INDEMNIFICATION
The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the COUNTY, its
agents, its employees and elected officers harmless from aJld against any and all claims,
liability, expense, loss, cost, damages or causes of action of every kind or character, including
attomey's fees and costs, whether at trial or appellate levels or otherwise, arising during the
bmpowerment All1ance of Southwest 1" londa
Hatcher's Preserve
Page 6 of 23
Agenda Item No. 16027
October 23, 2007
Page 8 of 25
performance of the terms of this Agreement, or due to the acts or omissions of the
SUBRECIPIENT.
SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or
applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT
will hold the COUNTY harmless and will indemnify the COUNTY for funds, which the
COUNTY is obligated to refund the Federal Government arising out of the conduct of activities
and administration of SUBRECIPIENT.
F. GRANTEE RECOGNITION
All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as
to funding source. The SUBRECIPIENT will include a reference to the financial support herein
provided by HHS in all publications and publicity. In addition, the SUBRECIPIENT will make
a good faith effort to recognize HHS, State and Federal support for all activities made possible
with funds made available under this Agreement. The SUBRECIPIENT will mount a
temporary construction sib'l1 for projects funded by HHS. This design concept is intended to
disseminate key information regarding the development team as well as Equal Housing
Opportunity to the general public. This signs construction utilizes a minimum conventional
4'X8" plywood back panel and other conventional construction materials and methods.
G. TERMINATION
In event of termination for any of the following reasons, all finished or unfinished documents,
data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital
equipment secured by the SUBRECIPIENT with funds under this Agreement shall be retumed
to HHS or the COUNTY. In the event of termination, the SUBRECIPIENT shall not be
relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any
breach of the Contract by the SUBRECIPIENT, and the COUNTY may withhold any payment
to the SUBRECIPIENT for set-off purposes until such time as the exact amount of damages
due to the COUNTY from the SUBRECIPIENT is determined.
1. TERMINAT10N FOR CAUSE
If through any cause either party shall fail to fulfill in timely and proper manner its obligations
under this Agreement, or if either party shall violate any of the covenants, agreements, or
stipulations of this Agreement, either party shall thereupon have the right to terminate this
Agreement in whole or part by giving written notice of such termination to the other party and
specifying therein the effective date of termination.
2. TERMINATION FOR CONVENIENCE
At any time during the term of this Agreement, either party may, at its option and for any
reason, tenninate this Agreement upon ten (l0) working days written notice to the other party.
Upon termination, the COUNTY shall pay the SUBREClPIENT for services rendered pursuant
to this Agreement through and including the date of termination.
3. TERMINATION DUE TO CESSATION
In the event the grant to the COUNTY under Title I of the Housing and Community
Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be
suspended or terminated effective on the date that HUD or DCA specifies.
Empowerment AllIance of Southwest Flonda
Hatcher's Preserve
Page 7 of 23
A;Jsnda item ~'Jo. 16027
Cct:)~}er 23, 2007
Page 9 of 25
H. Th'SURANCE
The SUBRECIPIENT agrees this coverage shall be provided on a primary basis.
1. COMMERCIAL GENERAL LIABILITY
The SUBRECIPIENT shall agree to maintain Commercial General Liability at a limit of
liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida
Statutes S 768.28 and $2,000,000 per accident for federal and outside Florida litigation per
Florida Statutes S 768.28. Coverage shall not contain any endorsement excluding Contractual
Liability or Cross Liability unless granted by the County's Risk Management Department. The
SUB RECIPIENT at,'Tees this coverage shall be provided on a primary basis.
2. BUSINESS AUTOMOBILE LIABILITY
The SUBRECIPlENT shall agree to maintain Business Automobile Liability at a limit of
liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida
Statutes S 768.28 and $2,000,000 per accident for federal and outside Florida litigation per
Florida Statutes S 768.28 for all owned, non-owned and hired automobiles. The
SUBRECIPlENT shall agree to maintain physical damage coverage for a period not less than
10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier
County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The
SUBRECIPIENT shall agree to be fully responsible for any deductibles, self-insured retention
or uncovered losses. The SCBRECIPIENT agrees this coverage shall be provided on a primary
basis.
3. ADDITIONAL INSURED
The SUBREClPIENT shall agree to endorse the COUNTY as an Additional Insured with a CG
2026 Additional Insured - Dcsignated Person or Organization endorsement, or its equivalent, to
the Commercial General Liability. The Additional Insured endorsement shall read "Collier
Countv Board of Countv Commissioners. a Political Subdivision of the State of Florida. its
Officers. Emplovees. and Agents. c/o Housing & Human Services Department". The
SUB RECIPIENT shall agree the Additional Insured endorsements provide coverage on a
primary basis.
4. CERTIFICATE OF INSURANCE
The SUBRECIPlENT shall agree to deliver to the COUNTY a cel1ificate(s) of insurance
evidencing the required insurance is in full force and effect within thirty (30) calendar days
prior to the execution of this Agreement by the COUNTY. A minimum thirty (30) day
endeavor to notify due to cancellation or non-renewal of coverage shall be included on the
certificate( s).
5. RIGHT TO REVIEW AND ADJUST
The SUBRECIPIENT agrees that the COUNTY, by and through its Purchasing or Risk
Managcment Department, in cooperation with the HHS Department, reserves the right to
periodically review, modify, reject or accept any required policies of insurance, including
limits, coverage's, or endorsements, herein from time to time throughout the life of this
Agreement. The COUNTY rcserves the right. but not the obligation, to review and reject any
insurer providing coverage because of its poor financial condition or failure to operate legally.
Empowerment AllIance of Southwest t londa
Hatcher's Preserve
Page 8 of 23
Agenda Item No. 16027
October 23, 2007
Page 10 of 25
1. INDEPENDENT AGENT AND EMPLOYEES
The SUBRECIPIENT agrees that, in all matters relating to this Agreement, it will be acting as
an independent agent and that its employees are not Collier County employees and are not
subject to the COUNTY provisions of the law applicable to County employees relative to
employment, hours of work, rates of compensation, leave, unemployment compensation and
employee benefits.
VIII. ADMINISTRATIVE REOUIREMENTS
A. FINANCIAL MANAGEMENT
The SUBRECIPlENT agrees to comply with OMB Circular A-II 0 (Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and
other Non-Profit Organizations) and agrees to adhere to the accounting principles and
procedures required therein, utilize adequate intemal controls, and maintain necessary source
documentation for all costs incurred.
B. DOCUMENTATION AND RECORD - KEEPING
I. The SUBRECIPIENT shall maintain all records required by the CDBO Federal
Regulations.
2. All reports, plans, surveys, information, documents, maps, and other data procedures
developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose
of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at
any time upon request by the COUNTY or HHS. Upon completion of all work
contemplated under this Agreement copies of all documents and records relating to this
Agreement shall be surrendered to HHS if requested. In any event the SUB RECIPIENT
shall keep all documents and records for five (5) years after expiration of this
Agreement.
3. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the
preparation ofHUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and
HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi).
4. SUBRECIPIENT shall submit monthly beneficiary reports to HHS using Exhibit "C".
5. The SUB RECIPIENT shall maintain records showing compliance with the Davis-
Bacon Law, including files containing contractor payrolls, employee interviews, Davis-
Bacon wage ratcs, and administrative cross-referencing. SUBRECIPIENT shall
maintain records showing contractor compliance with the Contract Work Hours and
Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing
compliance with federal purchasing requirements and with other federal requirements
for grant implementation.
C. PURCHASING
All purchasing for services and goods, including capital equipment, shall be made by purchase
order or by a written contract and in conformity with the procedures prescribed by the Federal
Management Circulars A-IIO, A-122, 24 CFR Part 84, and 24 CFR Part 85. which are
incorporated herein by reference.
Empowerment AllIance of Southwest Honda
Hatcher's Preserve
Page 9 of 23
,Ac;enda Item t-lo. 15027
~ OctoLler 23, 2007
Page 11 of 25
D. REPORTS, AUDITS, AND EVALUATIONS
Reimbursement will be contingent on the timely receipt of complete and accurate reports
required by this Agreement, and on the resolution of monitoring or audit findings identified
pursuant to this Agreement.
E. ADDITIONAL HOUSING & HUMAN SERVICES, COl;NTY, DCA, AND HUD
REOUIREMENTS
HHS shall have the right under this Al,,'reement to suspend or terminate reimbursement until the
SUB RECIPIENT complies with any additional conditions that may be imposed by HHS, the
COUNTY, DCA or HUD at any time.
F. PRIOR \VRlTTEN APPROVALS-SUMMARY
The following activities require the prior wlitten approval of the HHS Department or designee
in order to be eligible for reimbursement.
(a) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT
pursuant to this Agreement;
(b) All capital equipment expenditures of $1 ,000 or more;
(c) All out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes,
Chapter] 12.061);
(d) All change ordcrs; and
(e) All requests to utilize uncommitted funds after the expiration of this agrecmcnt for
programs described in Exhibit A, and
(f) All rates of pay and pay increases paid out of DR] funds, whether for merit or cost of
living.
G. AUDITS AND INSPECTIONS
At any time during nOlmal business hours and as often as HHS, the COu~TY, DCA, BUD, or
the Comptroller General of the United States may deem necessary, there shall be made
available by the SUBRECIP]EC\1T to HHS, the COlP.\TY, DCA, HUD, or the Comptroller
General for examination all its rccords with respect to all matters covcred by this Agreement.
The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of ]984, as
amended, as it pertains to tills Agreement and any subcontracts entered into under this
Agreement. This will require the SUBRECIP]ENT to submit a single audit, including any
management letter, made in accordance with the general pro!,'fam requirements of OMB
Circulars A-I]O (Uniform Administrative Requirement for Federal Grants), A-]22 (Cost
Principles for Non-Profit Organizations), A-133 (Audits of State, Local Governments, and
Non-Profit Organizations), and other applicable regulations within one hundred and eighty
(180) days after the end of any fiscal year covered by this agreement in which Federal funds
from all sources are expended. Said audit shall be made by a Certified Public Accountant ofthe
SL13RECIPTENT's choosing. The SUB RECIPIENT shall provide such audit to HHS. In the
event the SUBRECIPIENT anticipates a delay in producing such audit or audited financial
statements, the SUBRECIPIENT shall request an extension in advance of the deadline. Thc
cost of said audit shall be borne by the SUBRECIPIENT. In the event the SUBRECIPIENT is
exempt from having an audit conducted under A-B3 (Audits of State, Local Governments, and
bnpowerment Alhance oj Southwest t londa
Hatcher's Preserve
Page 10 of23
Agenda Item No. 16027
October 23, 2007
Page 12 of 25
Non-Profit Organizations), the COUNTY reserves the right to require submission of audited
financial statements and/or to conduct a "limited scope audit" of the SUBRECIPIENT as
defined in A-133. The COUNTY will be responsible for providing technical assistance to the
SUBRECIPIENT, as deemed necessary by the COUNTY.
H. PROGRAM-GENERATED INCOME
All income earned by the SUBRECIPIENT from activities financed in whole or in part by
funds provided hereunder must be reported to HHS. Such income would include, but not be
limited to, income from service fees, sale of commodities, and rental or usage fees. The
SUBRECIPIENT shall report its plan to utilize such income to HHS, and said plan shall
require the prior written approval of the HHS Department or designee. Accounting and
disbursement of such income shall comply with OMB Circular A-II 0 (Uniform Administrative
Requirement for Federal Grants) and other applicable regulations incorporated herein by
reference.
In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for DR! funds
may be retained by the Agency. Program Income shall be utilized to undertake activities
specified in "Exhibit A" of this A!,'Teement, and all provisions of this Agreement shall apply to
stated activities. Any Program Income on hand at or received by the SUBRECIPIENT or its
sub-contractors after the expiration of this Agreement shall be returned to the COUNTY no
later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to
utilize uncommitted funds.
1. GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but not limited to; making final
payments, disposing of program assets (including the return of all unused materials, equipment,
unspent cash advances. program income balances, and receivable accounts to the COUNTY),
and determining the custodianship ofrecords.
IX. OTHER PROGR.<\M REOUIREMENTS
A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability,
national origin, religion, age, familial status, or sex be excluded from the benefits of, or be
subjected to, discrimination under any activity carried out by the performance of this
Agreement. Upon receipt of evidence of such discrimination, the COUNTY shall have the right
to terminate this Agreement.
To the greatest extent feasible, lower-income residents of the project areas shall be given
opportunities for training and employment; and to the greatest feasible extent eligible business
concerns located in or ov/ned in substantial part by persons residing in the project areas shall be
awarded contracts in connection with the project. The SUBRECIPIENT shall comply with the
Section 3 Clause of the Housing and Community Development Act of 1968.
bmpowerment AllIance 01 Southwest 1:< londa
Hatcher's Preserve
Page 11 of 23
f\genja item No. 160 7
Octc,ber 23, 20 7
Pa;]8 13 of 5
B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS
ENTERPRISES
In the procurement of supplies, equipment, construction, or services to implement this
Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and
minority/women-owned business enterprises of supplies and services, and provide these
sources the maximum feasible opportunity to compete for contracts to be performed pursuant to
this Agreement. To the maximum extent feasible these small business and minority/women-
owned business enterprises shall be located in or owned by residents of the CDBGareas
designated by Collier County in the Annual Consolidated Plan approved by HUD.
C. PROGRAM BENEFICIARIES
At least fifty-one percent (51 %) of the beneficiaries of a project funded through this Agreement
must be very low and low income persons. If the project is located in an entitlement city, as
defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the
beneficiaries directly assisted through the use of funds under this Agreement must reside in
unincorporated Collier County or in municipalities participating in the County's Urban County
Qualification Program. The project funded under this Agreement shall assist beneficiaries as
defined above for the time period designated in Exhibit A of this Agreement. The
SUBRECIPIENT shall provide written verification of compliance to HHS upon HHS' request.
D. EV ALUA TION AND MONITORING
The SUBRECIPIENT agrees that HHS will carry out periodic monitoring and evaluation
activities as determined necessary by HHS or the COUNTY and that the continuation of this
Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this
Agreement, comparisons of planned versus actual progress relating to project scheduling,
budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon
request to HHS, the COLNTY or the COUNTY's designees and make copies or transcriptions
of such records and information, as is determined necessary by HHS or the COUNTY. The
SUBRECIPIENT shalL upon the request of HHS, submit infonnation and status reports
required by HHS, the COl:NTY or HUD on fonns approved by HHS to enable HHS to
evaluate said progress and to allow for completion of reports rcquircd HHS by HUD. The
SUBRECIPIENT shall allow HHS or HUD to monitor the SUBRECIPIENT on site. Such site
visits may be scheduled or unscheduled as detern1ined by HHS or HUD.
E. CONFLICT OF INTEREST
The SUBRECIPIEJ\T covenants that no person who presently exercises any functions or
responsibilities in connection with the Project, has any personal financial interest, direct or
indirect, in the target areas or any parcels therein, which would conflict in any manner or
degree with the performance of this Agreement and that no person having any conflict of
interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict
of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to
HHS provided, however, that this paragraph shall be interpreted in such a manner so as not to
unreasonably impede the statutory requirement that maximum opportunity be provided for
employment of and participation of low and moderate-income residents of the project target
area.
F. PUBLIC ENTITY CRIMES
As provided in F.S. 287.133 by entering into this Agreement or performing any work in
furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors
and consultants who will perform hereunder, have not been placed on the convicted vendor list
Empowerment Alliance oj Southwest 1< londa
Hatcher's Preserve Page 12 of23
Agenda Item No. 16027
October 23,2007
Page 14 of 25
maintained by the State of Florida Department of Management Services within the 36 months
immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a).
G. DRUG-FREE WORKPLACE REOUIREMENTS
The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide
drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.C.
701) and with HUD's rules at 24 CFR Part 24, subpart F.
H. CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on 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, tile 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.
2. If any funds other 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 contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,
"Disclosure Fornl 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, sub!,'I"ants, and
contracts under grants, loans, and cooperative Agreements) and that all
SUBRECIPIENTS shall certify and disclose accordingly.
1. REAL PROPERTY
Any real property acquired by the S UBRECIPIENT for the pwpose of carrying on the projects
stated herein, and approved by the COUNTY in accordance with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be
subject to the provisions of the CDBG Regulations including, but not limited to, the provisions
on use and disposition of property. Any real property within the SUB RECIPIENT control,
which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must
adhere to the CDBG Regulations at 24 CFR 570.505.
X. ENVIRONMENT AI. CONDITIONS
A. AIR AND WATER
Empowerment Alliance ot Southwest r londa
Hatcher's Preserve
Page 13 of 23
,L':Js[tda '18m NO.1 6027
'Jctober 23, 2007
Page i5 of 25
The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements
insofar as they apply to the performance of the Contract:
1. Clean Air Act, 41 U.S.c., 7401, et seq.
2. Federal Water Pollution Control Act, as amended, 33 lJ.S.C. J 251, et seq., as anlended,
1318 relating to inspection, monitoring, entry, reports, and information, as well as other
requirements specified in said Section 114 and Section 308 (EP A) regulations pursuant
to 40 C.F.R., Part 50, as amended.
B. FLOOD DISASTER PROTECTION
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC
4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as
having special flood hazards, flood insurance under the National Flood Insurance Program is
obtained and maintained as a condition of financial assistance for acquisition or construction
purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be
obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood
msurance.
C. LEAD-BASED PAINT
The Subrecipient agrees that any construction or rehabilitation of residential structures with
assistance provided under this contract shall be subject to BUD Lead-Based Paint Regulations
at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all
HUD-assisted housing and require that all owners, prospective owners, and tenants of
properties constructed prior to 1978 be properly notified that such properties may include lead-
based paint. Such notification shall point out the hazards of lead-based paint and cxplain the
symptoms, treatment and precautions that should be taken when dealing with lead-based paint
poisoning and the advisability and availability of blood lead levcl screening for children under
seven. The notice should also point out that if lead-based paint is found on the property,
abatement measures might be undertaken.
D. HISTORIC PRESERVATION
The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the
National Historic Prcscrvation Act of 1966, as amended (16 U.S.C. 470) and the procedures set
forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection
of Historical Properties, insofar as they apply to the performance of the Contract. In general,
concurrence from the State Historic Preservation Officer is required for all rehabilitation and
demolition of historic properties that are fifty years old or older or that are included, on a
Federal, state, or local historic property list.
XL SEVERABILITY OF PROVISIONS
If any provision of this Agreement is held invalid, the remainder of this Af,'Teement shall not be
affected thereby if such remainder would then continue to conform to the terms and requirements of
applicable law.
Empowerment Alhance oj Southwest }<londa
Hatcher's Preserve
Page 140f23
Agenda Item No. 16027
October 23,2007
Page 16 of 25
XII. REVERSION OF ASSETS
Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG
funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds,
and any non-expendable personal property that was purchased with CDBG funds. Any real property
under SUBRECIPIENT control that was acquired or improved in whole or in part with CDBG funds in
excess of Twenty-five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part
570.503(B)(8).
XIII. CONDITIONS FOR RELIGIOUS ORGANIZATIONS
CDBG funds may not be used for religious activities or provided to primarily religious organizations.
24 CFR 570.2000) specifies the limitations on CDBG funds, and is herein incorporated by reference.
XIV. ATTACHMENT A
The SUBRECIPIENT shall agree to abide by the program guidelines as excerpted from the federally
funded 2005 Disaster Recovery Sub grantee Agreement executed by the State of Florida Department of
Community Affairs and Collier County, which are herein incorporated as "Attachment A".
XV. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of twenty-three (23) enumerated pages, which include the exhibits and
attachment referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed
to be an original, and such counterparts will constitute one and the same instrument.
Empowerment Alliance oj Southwest}< londa
Hatcher's Preserve
Page 15 of23
)\gsl1da item r~o. 16027
October 23, 2007
Page 17 of 25
XV. ENTIRE UNDERSTANDING
This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and
constitutes the entire understanding. The parties hereby acknowledge that there have been and are no
representations, warranties, covenants, or undertakings other than those expressly set forth herein.
WITNESS our Hands and Seals on this
day of
,200
BY'
THE EMPOWERMENT ALLIANCE OF SW
FLORIDA COMMUNITY DEVELOPMENT
CORPO~1 ~(EASF).
~.~ ;.,//;: .%.::;.~//;::/.
--- ~~ b
c~ ~~
EDWAR6R. OLESKY, CHA
(SlJ13RECIPIENT SEAL)
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Patricia Morgan, Deputy Clerk
BY
JAMES COLETTA, CHAIRMAN
Appr~vedlas to form and
IcgaH~uflW~t:ncy:-.
+1/'1'\1 \
. \" t, \
~',Ir , \
.T effreyA:K1'ltzkow
Managihg .\I..ssistant County Attorney
t \\
\
Empowerment Alliance of Southwest }< londa
Hatcher's Preserve
Page 16 of23
Agenda item ~Jo. 16027
October 23, 2007
Page 18 of 25
EXHIBIT "A"
SCOPE OF SERVICES
Empowerment Alliance of Sonthwest Florida
Hatcher's Preserve
THE SUBRECIPIENT AGREES TO:
A. PROJECT DESCRIPTION:
The Empowerment Alliance of Southwest Florida (EASF) proposes to construct approximately fifteen
(15) single family homes on a 5 acre tract of vacant land in Immokalee for legal, low income first
time homebuyers to be known as Hatcher's Preserve.
B. PROJECT SCOPE:
Funding in the amount of Three Hundred Seventy-four Thousand Five Hundred Forty-five dollars
($374,545) has been awarded for the purpose of providing infrastructure to support the construction of
housing units. Final completion date for funded activity shall be no later then April 30, 2009.
The Subrecipient will be responsible for the following:
NOTE I: The SUBRECIPIENT shall submit its bid package and drawings/specifications to HHS and
obtain a letter of approval prior to bidding the construction work. The final number of units to be
constructed must be reported to the HHS staff as soon as the determination is made if it differs from
the proposed 15 units.
NOTE 2: The SUBRECIPIENT shall prioritize the work in the Project, and shall bid such work in
sealed bid manner that would allow the receipt of itemized costs from bidders, which would then
allow the award of items that can be funded by the budget. The SUBRECIPIENT shall require a bid
bond, 100% payment bond and 100% performance bond for any contract that exceeds $100,000.
NOTE 3: The SUBRECIPIENT shall not award the construction contract for the Project until
sufficient funding is available to complete the established scope of work. The SUBRECIPIENT shall
obtain HHS's approval prior to awarding the construction contract to be funded through this
agreement. The SUBRECIPIENT shall submit the name of the contractor to ensure the business is not
federally debarred. After awarding such contract the SUB RECIPIENT shall submit bid minutes to
HHS. HHS's approval is required Plior to executing any change orders to such contract.
NOTE 4: The SUBRECIPIEKT shall not request advancement from HHS for materials or equipment
received and stored on the project site or elsewhere. The SUBRECIPIENT shall only request
advancement for materials and equipment that have been installed.
ADDITIONAL Responsibilities are:
The creation and maintenance of income eligible files on clients served and documentation that all
households are eligible under HUD Income Guidelines. Submission of documentation of Match Funds
listed under Budget in Section B prior to submittal of first Request for Payment form.
Empowerment Alhance oj Southwest }< londa
Hatcher's Preserve
Page 17 of23
p.gsnda item ~,Jo. ~ ~;D27
October 23, 2007
Page 19 of 25
Posting of visible signage at the work site identifying the funding source(s) as mentioned in section VII
part F.
C.
The SUBRECIPIENT further agrees that HHS, in consultation with any parties HHS deems necessary,
shall be the final arbiter on the SUBRECIPIENT's compliance with the above.
BUDGET: Hatchers Preserve
Line Item:
Land Acquisition
Site Work
DRl Funds
Other
$ 272,000
$ 374,000
$ 59,001
Infrastructure
Landscaping, potable water distribution,
Storm drainage, wastewater collection,
Paving, earthwork, site prep
Proj ect Delivery
Subtotal Infrastructure
Construction
Architectural design/Engincering
Other
TOTAL PROJECT COSTS
$337,545
$37,000
$
$
$374,545
$ 59,001
$ 2,145,000
$ 75,000
$ 300,055
$3,599,601
Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs
are charged, the SUBRECIPIENT, as SUBRECIPIENT, will develop an indirect cost allocation plan
for determining the appropriate SUBRECIPIENT's share of administrative costs and shall submit such
plan to HHS, on behalf of the COUNTY, as the Grantee, for HHS approval, in a form specified by
HHS. In addition, HHS may require a more detailed budget breakdown than the one contained herein,
and the SUBRECIPIENT shall provide such supplementary budget information in a timely fashion in
the fonn and content prescribed by HHS. Any amendments to this budget must be approved in
writing by HHS and the SUBRECIPIENT.
D. ST AFFlNG: Provide list of staff directly responsible for reporting and request for payment processing.
E. BONDING REOUIREME"'iTS: The SUBRECIPIE"'iT shall comply with the requirements of OMB
Circular A-IIO (Uniform Administrative Requircment for Federal Grants) and 24 CFR Part 84 in
regard to any bid guarantees, perfonnance bonds, and payment bonds.
F. CONSTRUCTION PAYMENT RETAINAGE: The SUBRECIPIEJ\T shall apply a retainage of at
least 5% on all construction draws which retainages shall he released in conjunction with the final
draw upon satisfactory completion of the Project. The SUBRECIPIENT agrees not to release such
retainages until it has obtained approval from the COUNTY tllat the contractor and subcontractors
have complied with the requirements of the Davis-Bacon Act.
G. FORMER PROJECTS: Failure to adequately maintain any former CDBG/HOME/SHIP funded
project may result in the delay of processing reimbursement requests for ongoing activities or in the
forfeiture of future CDBG/HOME/SHIP/DRI funds.
H. WORK SCHEDULE: The time frame for completion of the outlined activities shall be:
End Date
October, 2006
Page 18 of23
Agenda Item No. 16027
October 23. 2007
Page 20 of 25
November, 2007
J anua , 2008
A ril 2009
November 30 2010
December 30 20 10
Please note that if any of these activities exceed the timelines by two months a revised work schedule
must be submitted to HHS.
I. REPORTS: The SUBRECIPlENT shall submit detailed monthly progress reports to HHS outlining
the status of specific activities under the project. Each report must account for the total activity for
which the SUBRECIPlENT is paid with DRI funds, in part or in whole, and which is required in
fulfillment of their obligations regarding the Project. The progress reports shall be submitted on the
form Exhibit "C". The progress reports shall be used as an additional basis for HHS approval of
invoices, etc. for payment.
After funding is expended, the monthly reporting requirements will be changed. The SUBRECIPIENT
shall submit semi-annual reports until the units arc constructed and occupied.
J. DA VIS-BACON ACT: The SUBRECIPlENT shall request the County to obtain a Davis-Bacon wage
decision for the project prior to advertising the construction work. The SUBRECIPIENT shall
incorporate a copy of the Davis-Bacon wage decision and disclose the requirements of the Davis-
Bacon Act in its construction bid solicitation and sub-contract(s).
K. COMPENSATION: The County shall pay the SUBRECIPIENT for the performance of this
Agreement upon completion or partial completion of the work tasks as accepted and approved by HHS
pursuant to the submittal of monthly prob'l"ess reports as identified in Section L Payments shall be
made to the SUBRECIPIENT when requested as work progresscs, but not more frequently than once
per month. Adherence to the work schedule identified in Section H will be requircd, unless modified in
writing by thc parties. Payment will be made upon receipt of a proper invoice and in compliance with
Section 218.70, Fla. Stats., otherwise known as the "Florida Prompt Payment Act".
"mpowerment AllIance oj Southwest r londa
Hatcher's Preserve Page 19 of 23
1--\;2,:c13 item r~o" 16027
October 23, 2007
Page 21 of 25
EXHIBIT "B"
COLLIER COUNTY HOUSING AND HUMAN SERVICES
REQUEST FOR PAYMENT
Disaster Recovery Initiative
Subrecipient Name: Empowerment Alliance of Southwest Florida (EASF)
Subrecipient Address: 750 South Fifth Street. Immokalee. FL 34142
Project Name: Hatcher's Preserve
Project No: DRI 05-02
Payment Requcst #
Dollar Amount Requested: $
STATUS OF FUNDS
I. Grant Amount Awarded
2. Sum of Past Claims Paid on this Account
$ 374,545.00
$
$
$
$
$
$
3. Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account
4. Amount of Previous Unpaid Requests
5. Amount of To day's Request
6. Current Grant Balance (Initial Grant Amount Awarded
Less Sum 0 f all requests)
7. If applicable amount held as retainage to date
by the County, ifnot retained by the sub-recipient
I certify this request for payment has been drawn in accordance with the tel111S and conditions of the
Agreement between tile County and us as the Sub-recipient. I also certify that the amount of the Request for
Payment is not in excess of current needs.
S i,l,'l1 ature
Date
Title
Authorizing Grant Coordinator
Supervisor
Dept Director
(approval authority under $14,999)
(approval required $15,000 and above)
Empowernlent AllIance oj Southwest }< londa
Hatcher's Preserve
Page 20 of 23
Agenda Item No. 16027
October 23, 2007
Page 22 of 25
EXHIBIT "C"
DRI MONTHLY PROGRESS REPORT
Complete form for past mOllth alld submit to Housillg &Humall Service's stajJby the J(th ofthefollowillg
mOllth.
Status Report for Month of
Submittal Date:
Project Name
Project Number DRI 05-02
Activity Number
Subrecipient:
Contact Person
Telephone: (239)
Fax: (239)
E-mail:
1. Activity Status/Milestones (describe any action taken, relating to this project, during the past month):
2. What eveuts/actions are scheduled for the next two mouths?
3. Describe auy affirmative marketiug you have implemeuted regarding this project. Please list aud
attach any recent media coverage of your organization relating to this project.
4. List any additional data relevant to the outcome measures listed on the application for this project.
5. Identify any potential issues that may cause delay.
Empowerment ALliance ot Southwest Honda
Hatcher's Preserve
Page 21 of23
i':,gen.ja item ~~o. i 6027
Oct0Der 23, 2007
Page 23 of 25
6. New contracts executed this month (if applicable):
Name of Contractor or Amount of Contractor Race Ethnicity
Subcontractor, Address & Phone Contract Federal ill (see definitions on (see definitions on
Number Number following page) following page)
7. For projects that serve a particular clientele, please complete the following information by entering the
appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients
served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by
either households or persons served. However, if one person received TWO services this counts as TWO
SERVICE UNITS:
TOTAL BENEFICIARIES
This project benefits households or persons. Please circle one category (either "households" or
"persons"). Enter the number of beneficiaries in the blank space and in box "1."
INCOME
Of the households or persons assisted, are extremely low-income income (0-30%) of the current
Median Family Income (MFI). Enter this number in box "2. .,
Of the households or persons assisted, ~~ . are very low-income (31-50%) of the current Median
Family Income (MFI). Enter this numher in hox "3. ..
Ofthese households or persons assisted,
Income (MFI). Enter this numher in hox "4. ..
are low-incomc (51-80%) of the current Median Family
NOTE: The total of boxes 2,3 and 4 should equal the number ill box 1.
FEMALE HEAD OF HOUSEHOLD
This project assisted
in box "5" below.
Female Head of Households REGARDLESS of income. Enter this nl/mber
BOXl BOX1 BOX 3 BOX 4 BOX5
Total Numher of Extremely Very Low Income Female I-lead of
Hou~ehold~ or Pcr~olls Low Income Low Income (51-gOO/oj Household
Assisted
(0-30%) (3\-50'>0)
Empowerment Alliance oj Southwest }< londa
Hatcher's Preserve
Page 22 of:3
Agenda Item No. 16027
October 23, 2007
Page 24 of 25
Subrecipients must indicate total beneficiaries for Race AND Ethnicitv
Definitions of Race:
1. White: A person having origins in any of the original peoples of Europe, the Middle East, or North
Africa.
2. Black or African-American: A person having origins in any of the black racial groups of Africa.
3. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or
the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia,
Pakistan, the Philippine Islands, Thailand, and Vietnam.
4. American Indian or Alaska Native: A person having origins in any of the original peoples of North
and South America (including Central America), and who maintains tribal affiliation or community
attachment.
5. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of
Hawaii, Guam, Samoa, or other Pacific Islands.
Definitions of Ethnicity:
I. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or
other Spanish culture or origin, regardless of race.
Tabulation Table of Race and Ethnicitv Beneficiaries
Race # Total # Hispanic
White
Black or African American
Asian
American Indian or Alaskan Native
Native Hawaiian or Other Pacific Islander
American Indian!Alaska Native alld White
Asian alld White
Black! African American alld White
American Indian! Alaskan Native and Black! African Ametican
Other Multi-Racial
TOTAL:
Empowerment AIl1ance oj Southwest 1< Jonda
Hatcher's Preserve
Page 23 of 23
Page I or]
/\guldel Ilenl No_ 1bD27
Octn!!el- 2'3, 2()(I1
r)il~W ~!::! of 25
COLLIER COUNTY
F J/\rW OF COUNTY COMMISSiOI'JEHS
Item Number:
1GrJ2l
Item Summary:
1<('CUll: IUII(\;!lirlll II,d! till:' [j')d'll ;,f CUlIII1y C:.!Illl1lis,;ionlIS ,1ppfOVCS, illld illJtllOrizes Its
ell,111111 ill!U 'Hill ;1 ';11[11 .. i':'11I 1\lJler~lllerl! provlljillQ Dic;asler Recovery IIliti81ive (Lm.l)
fillHjillU ill 111'- ;1:11 JLlII! 1)1 :;3,4,545 UO 10 -I Ill' [mpuW'21Il1C;111 i\lIla!ICe of Soulhwest Flolida,
Ille 1(llllf:,jstluc[urC' to '-IIPPl'rt conslruction of 15 slnglefarnily humes in IrlIrnokalee.lo be
knm'm ns 1-I;ilcll(~I,~ F'rcsr;rv8, inierl(kd fOI low rncorne first time 110mebuyers and families
disp:du'rj 1;/ 111IIiir;:lf'p \."illlll<-1
Meeting Date:
IOi2JILf)(]l (_II)!J,UU}\M
I)rcpurcd B)'
Sandra Marrero
GriJnts rJ],magcfllt'l1t Comt1illiJtor
Date
Public Services
HOllSitl(j 8. 1-I11fll;'l11 Spfvic:r;s
10/5120074:26:48 PM
A)lproncJ B)-'
Marcy 1<;lumLJiile
Dill'clor
Date
rublic S(>rviC0~
HOl/sing {!. HUfll.lll S"lviu's
10/5/20077:12 PM
Al1l)l'ond B)'
Jeff Klat:>.kow
Assistant County Attorney
Date
County Atloqwy
Countv Atlornf'Y Olfire
1U18/2007 8:20 AM
APIlI"O\CcJ B)
Marlel1(, J. FO()I'(J
Grants CoorrJillDtl)r
Dale
Adl1Jinis!ri.ltivl'SCf'vic,,"
t\dll'inisl'-"livl' S"I'.Ii,:w; J,dmjn
lU!lJ,'20079:JIl AM
AJIPI'ond Bl
r.'r<lllaf:;,;Il1::;("Y
f"jillic Scr'vice;;; /\(!l1lll1lSh<1tor
Date
Public ,'~n'\/i::"s
Pljhlic ~('f',i'J's Ar!lni',
1[1/11'2007 D:56 AM
\)lpl"o\'ed B)
l)r,iU C:o'-,rdll1'J\ur
/'. i~t!IICdti():L 1\'1;;:'/<;:
Date
tdlllilll"tr',>tivn Services
Illi',):i!:,llli"i']t.'C!ll1',dl!fl\
1(1,'1t'2(JtJ710:10 AM
AI'pro...'ccJ B.....
;,ilCrry,'I:/ur
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[Jate
G'll'illy M;lIn~.1~'I's Ulli'.I'
Uill','" Of r:i;-IIl;l~H':!fl~'r)! 3. Flud,]e!
10111/200710:40 AM
.\pproncJ B)-'
Michael Smykowski
Milf\ilyelJl011! &_ n\ld~wt Dilf'ctOl
[jate
Count\! i\"iilnaUf'r"" Of:i .'
o~ri"c O)f ;'..1;lIi"{I('I:Wi'i D, Ejud~wl
It): 1212007 J:03 PI\iI
AppnnccJ B~'
J21I1'i(>5 V. Mudd
C'Jun1y r,,1<l!1,"(lCf
Date
Board ()l CuuIlI::;
C"llJllli~,,,ioll('rs
Coul1ty MdliDW,r"S. Uffice
1U/1412007 12;27 PM
I.l.genda Item No. 16028
October 23, 2007
Page 1 of 25
,-.
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves, and authorizes
its Chairman to sign, a Subrecipient Agreement providing Disaster Recovery
Initiative(DRI) funding in the amonnt of $415,000.00 to One by One Leadership
Foundation for infill in order to support the construction of housing units.
OBJECTIVE: One by One proposes to construct approximately thrce (3) owner
occupied replacement single family homes that werc severely damagcd by Hurricane
Wilma inlmmokalee.
CONSIDERATIONS: Funding in the amount of Four Hundred Fifteen Thousand
dollars ($415.000.00) has becn awardcd for the purpose of providing support for the
construction of housing units.
The Board of County Commissioners approved six projects to be funded with a Disaster
Recovery Grant Application on September 12, 2006 and acccptcd and signcd the contract
for $2.3 million in DRI funding with the Dcpartmcnt of Community AITairs on May 22,
2007. This project is one ofthc six projccts previously approvcd.
--
FISCAL IMPACT: Approval of this contract will provide a Disaster Recovery
Initiative funding in tile amount of $415,000.00 to One by One Lcadership Foundation
for infill. No gencral funds will be uscd for thcsc projccts.
GROWTH MANAGEMENT IMPACT: The proposed grant to One by One
Lcadership Foundation will benefit the low-incomc rcsidcnts of lmmokalee. which is
consistent with the Growth Managemcnt Plan.
LEGAL CONSIDERATIONS: Tile proposcd Agrccmcnt is a standard
HUD/Community Devclopment Block Grant (CDBei) subrccipicnt agrccmcnt form In
use in Collicr County sincc 200 I. -.l.AX.
RECOMMENDA TION: To approve and aulhori7c thc Chairman 10 sign a subrecipient
agreement providing a $415,000.00 grant to Onc by Onc Lcadcrship Foundation. This
funding will be uscd for inntl, in ordcr to be able to build thrce (3) homes in lmmokalce
for low income. legal, residcnts using Florida Dcpartment of Community Affairs
Community Development Block Grant 1unels.
Prepared by: Sandra Marrcro, Grants Managemcnt Coordinator
Housing and Human Scrviccs Departmcnt
--
Agenda Item No. 16028
October 23.2007
Page 2 of 25
AGREEMENT BETWEEN COLLIER COUNTY
AND
ONE BY ONE LEADERSHIP FOUNDATION INC.
INFILL - IMMOKALEE
Florida Administrative Code 9BER06-l
CFDA # 14.228
THIS AGREEMENT, is entered into this day of , 20_, by and between
Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", and "One
by One Leadership Foundation Inc.," a private not-for-profit corporation existing under the laws of the State
of Florida, having its principal office at 355 South Third Street-P.O. Box 5393, Immokalee FL 34143 and its
Federal Tax Identification number as 59-1711633, hereinafter referred to as "SUBREClPIENT."
WHEREAS, the COUNTY has entered into an agreement with the State of Florida, Department of
Community Affairs; and
WHEREAS, Pursuant to the aforesaid agreement COUNTY is undertaking certain activities to primarily
benefit very low and low income persons by addressing hurricane impacted housing public facility and
community development needs; and
WHEREAS, The Board of County Commissioners of Collier County approved the Collier County Agrecment
with the Florida Department of Community Affairs for $2,339,882 in Community Development Block Grant
Disaster Recovery Initiative funds relating to Hurricane Wilma with Rcsolution 2007-144 on May 23, 2007,
and
WHEREAS, the COUNTY and the SUBRECIPElNT desire to provide the activities specified in Exhibit A of
this Agreement, in accord with the approved 2005 Disaster Recovery Sub grant A6'l'eement; and
WHEREAS, the COUNTY desires to engage thc SUBRECIPIENT to implement such undertakings of the
Disaster Recovery Initiative (DRl) Program as a valid and worthwhile County purposes.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed
by the Parties as follows:
One by One Leadership, Inc.
In fill - ImmokaIee
Page I of 23
Aosn:a :tern h!0. j 60 8
- Oc:tGber 23, 20 7
Page 3 of 5
I. DEFINITIONS
(I) "COUNTY" means Collier County, and where applicable, it's authorized representative(s).
(2) "CDBG" means the Community Development Block Grant Program of Collier County.
(3) "HHS" means the Housing and Human Services Department of Collier County.
(4) "SUBRECIPIENT" means One by One Leadership Foundation Inc.
(5) "HHS's Approval" mcans the written approval of the Housing and Human Services
Department or designee.
(6) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a
person authorized to act on its behalf.
(7) "Low and moderate income persons" means the definition set by HUD.
(8) "Project" means the work contemplated to be performcd as set forth in Exhibit "A".
(9) "DRI" means Disaster Recovery Initiative Program
(10) "DCA" means Florida Department of Community Affairs
II. SCOPE OF SERVICES
The SUBRECIPIENT shall, in a satisfactory and proper manner, as detennined by HHS, perform thc tasks
necessary to conduct the proh'l"am outlined in Exhibit "A," and shall submit each request for reimbursement
using Exhibit "B" along with the monthly submission of Exhibit "C," all of which are attached hereto and
made a part hereof.
1lI. TIME OF PERFORMANCE
The effective date of this Agreement and all rights and duties designated bereunder are contingent upon the
timely release of funds for tbis project by DCA under Agreement "0. 07DB-3V-09-21-0]-Z 01. The effective
date sball be the latest date of execution of this Agreement. and tbc services of the SUBRECIPIENT shall be
undertaken and completed in light of tbe purpo':-es of this Agreement. In any cvcnt, all services required
hereunder shall be completed by thc SUBRECIPIENT prior to April 30, 2009. _Any funds not obligated by
tbe expiration date of this Ah'l"eement shall automatically rcvcrt to tbe COUNTY, as set forth in Part VIII F
(e), and Part VIII H below.
IV. CO'lSlDERATION AND LIMITATION OFCOSTS
The SUB RECIPIENT shall be paid by thc COUNTY for allowable costs, detcnnined by COUNTY and DCA,
in an amount not to cxceed Four Hundred Fifteen Thousand dollars (5415,000) for the services described in
Exhibit "A."
All improvements specified in Exhibit "A" shall be pcrfonned by SUBRECIPIEJ\T employees, or shall be put
out to competitive bidding under a procedure acceptable to the COUNTY and federa\lstate requirements. The
SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and responsible
bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY,
which shall have access to all records and documcnts related to the project.
V. NOTICES
One by One LeadershIp, Inc.
Infill - lmmokalee
Page 2 of~.:
Agenda Item No. 16028
October 23, 2007
Page 4 of 25
All notices required to be given under this Agreement shall be sufficient when delivered to HHS at its office,
presently located at 3050 North Horseshoe Drive, Suite 110, Naples, Florida 34104, and to the
SUBRECIPIENT when delivered to its office at the address listed on page one (I) of this Agreement.
VI. SPECIAL CONDITIONS
The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part
570 of the Housing and Urban Development regulations concerning Community Development Block Grants
(CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPlENT
further ah'fees to utilize funds available under this Agreement to supplement rather than supplant funds
otherwise available for specified activities.
COUNTY is bound by the Federally Funded 2005 Disaster Recovery Subgrantee Agreement, executed by the
State of Florida and COUNTY to require SUBRECIPIENT to acknowledge the following, as applicable:
1. SUBRECIPIENT acknowledges that it will adhere to all applicable terms of the Federally Funded 2005
Disaster Recovery Subgrantee Agreement, executed between the State of Florida and COUNTY as
outlined in Attachment A: Program Guidelines;
2. SUBRECIPlENT acknowledges that it will adhere to all applicable State and Federal laws and
regulations;
3. SUBRECIPIENT acknowledges that the Florida Department of Community Affairs and the COUNTY
shall be held harmless against all claims of whatever nature arising out of the SUB RECIPIENT'S
perfonnance of work.
Ifneeded, SUBRECIPIENT may be called upon to assist COUNTY during a natural disaster or emergency.
VII. GENERAL CONDITIONS
A. IMPLEMENTATION OF PROJECT ACCORDING TO REOUIRED PROCEDURES
The SUBRECIPIENT shall implement this Ah'feement in accordance with applicable Federal,
State, and County Jaws, ordinances and codes and with the procedures outlined in HHS'
Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and
codes are minimal regulations supplemcnted by more restrictive guidelines set forth by l-Il-IS.
No payments will be made until approved by the HHS Department or desih'Ilee.
Should a project receive additional funding after thc commenccment of this Ah'feement, the
SUBRECIPIENT shall notify HHS in writing within tllirty (30) days of receiving notification
from the funding source and submit a cost allocation plan for approval by the HHS Department
or designee within f0l1y-five (45) days of said official notification.
B. COMPLIANCE WITH LOCAL. STATE AND FEDERAL RULES. REGULATIONS AND
LAWS
During the performance of the Ah'feement, the SUBRECIPlENT agrees to comply with any
applicable laws, regulations and orders listed below which by reference are incorporated and
made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws,
I. 24 eFR Part 570, as amended - The regulations governing the expenditure of
Community Development Block Grant funds.
One by One LeadershIp, Inc.
Infill - Immokalee Page 3 of 23
1'!,ge:E~a !tem f'0o. -: 6D23
October 23. 2007
Page 5 of 25
2. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure.
3. 36 CFR Part 800 - The regulations outlining the procedures for the protection of
historic and cultural properties.
4. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil
Rights Act.
5. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
6. Executive Order 11246, as amendcd by Executive Orders 11375 and 12086 - which
establishes hiring goals for minorities and women on projects assisted with federal
funds.
7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment
Opportunity Act of 1972 - which prohibits disclimination in emplo)~nent.
8. 24 CFR 135 - Ref,'l1lations outlining requircments of Section 3 of the Housing and
Urban Development Act of 1968, as amended.
9. Age Discrimination Act of 1973
10. National Flood Insurance Act of 1968
11. 24 CFR Part 130 - Rcgulations that prohibit discrimination in employment in federally
assisted construction contracts.
] 2. 40 CFR Part 15 - Regulations relating to the appIicabilitv of the Clean Air and Water
Pollution Acts.
13. Contract Work - Hours and Safety Standa,'ds Act
14. Lead Bascd Paint Poisoning Prevcntive Act
15. Section 504 of the Rehabilitation Act of 1973
]6. Uniform Rclocation Assistancc and Real Property Acquisition Policics Act of 1970
17. 29 CFR Parts 3, 5 and Sa - RCf,'l11ations which prescribe the payment of prevailing
wagcs and the use of apprentices and trainecs on federally assisted projccts as mandatcd
hy the Davis-Bacon Act. HUD Form 4010, which describes the Davis-Bacon Act, is
included as part of this agreement and must be included in all construction contracts
funded by CDBG. See attachment A-3.
One by One LeadershIp, Inc.
lnfill - lmmokalee
Page 4 of 23
Agenda Item No. 16028
October 23, 2007
Page 6 of 25
18. Revised Order Number 4 - Rel,'lllations that establish guidelines for the
implementation of Executive Order 11246 as amended by Executive Orders 11375 and
12086.
19. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in
federally assisted projects.
20. Executive Order 11625 and U.S. Department of Housing and Urban Development
Circular Letter 79-45 - which prescribes goal percentages for participation of minority
businesses in Community Development Block Grant Contracts.
21. 29 CFR Part 3 - The Copeland Anti-Kickback Act (i 8 U.S.c. 874 and 40 U.S.C.
276c), which deals with employee forfeiture of compensation by force.
22. Florida Statutes, Chapter 112 - which deals with conflict of interest.
23. HUD - required reports, circulars, and procedures, such as the Grantee Performance
Report.
24. Public Law 100-430 - the Fair Housing Amendments Act of 1988.
25. 24 CFR 570, Subpart J - regulations covering standard Grant Administration
Procedurcs. These replace OMB Circular A-I02. This subpart includes 24 CFR
570.502.
26.0MB Circular A-l33 - concerning annual audits.
27.0MB Circular A-122 - which identifies cost principles.
28. Section 109, Public Law 100-202 - which restricts the awarding of public works
contracts to finus from foreign countries with unfair trade practices.
29. 24 CFR Part 84 - OMB Circular A-IIO Codijjed in the Uniform Administrative
Requirements for Grants and Af,'reemcnts With Institutions of Higher Education,
Hospitals and Other Non-Profit Organizations.
30. 24 CFR Part 85- OMB Circular A-l02 Codified in the Uniform Administrative
Requirements for Grants and Agreements to State and Local Governments.
31. Chaptcr 427, Florida Statutes - which requires thc coordination transportation for the
disadvantaged.
32. Chapter 403.7065, Florida Statues - which refers to the procurement of products or
materials with recycled content.
33. Chapter 39.201, Florida Statutes - that any person who knows, or has reasonable
cause to suspect, that a child is abused, abandoned, or neglected by a parcnt, legal
custodian, caregiver, or other person responsible for the child's welfare, as dcfined in
One by One LeadershIp, Inc.
Infill - Immokalee Page 5 of 23
.L\-;:]enC?l item ~Jo. i 6C 8
October ~3, 2D 7
Page 7 cf 5
this chapter, shall report such knowledge or suspicion to the Central Abuse Hotline (1-
800-962-2873 ).
34. Chapter 415.1034, Florida Statutes - tllat any pcrson who knows or has reasonable
cause to suspect that a vulnerable and or disabled adult has been abused, neglected, or
exploited, shall immediately report such knowledge or suspicion to the National Center
on Elder Abuse Hotline (1-800-962-2873).
35. Chapters 435.03 and 435.04, Florida Statutes - that if any personnel 111 programs
under this contract work directly with children or youths and vulnerable or disabled
adults - emplOyment screening is required.
36. Chapter 216.347, Florida Statutes - prohibits the expenditure of contract funds for the
purpose oflobbyjng the legislature, state or county agencies.
C. SUBCONTRACTS
Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written
contract or ab'Teement, and such subcontracts shall be subject to each provision of this
Agreement and applicable County, State, and Federal guidelines and regulations. Prior to
execution by the SUBRECIPlENT of any subcontract lIereunder, such subcontracts must be
submitted by the SUB RECIPIENT to HHS for its review and approval, which will specifically
include a determination of compliance with the tenns of the attached Work Program set forth
in Exhibit "A."
This review also includes ensuring that all consultant contracts and fee schedules meet the
minimum standards as established by the Collier County Purchasing Department and HUD.
Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee
contracts. All additional services shall have prior written approval with support documentation
detailing categories ofpcrsons perfi:l1ming work plus hourly rates including benefits, number of
drawings rcquired, and all items that justify the "Fixed Fee Contra ct." Reimbursements for
such services will be made at Sl'BRECIPIENT cost.
'ione of the \york or services covcrcd by this Ab'Tccmcnt, including but not limited to
consultant work or serviccs, shall be subcontracted by the SL:BRECIP1ENT or reimbursed by
the COUNTY without prior written appro\al of the HHS Department or his dcsignee.
D. AME'IIJMENT:~
The COl'NTY may, at its discretion, amcnd this Agreement to confonn to changes required by
Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall
be incorporated by written amendment as a part of this Agreement and shall be subject to
approval of the COUNTY. Except as otherwise provided herein, no amendment to this
Agrccmcnt shall be binding on either party unless in writing, approved by the COUNTY and
signed by each Party's authorized representatives.
E. INDEMNIFICATION
Thc SUBRECIPlENT shall protect, dcfend, reimburse, indemnify and hold the COUNTY, its
agents, its employees and elected officers harmless from and against any and all claims,
liability, expense, loss, cost damages or causes of action of every kind or character, including
attomey's fees and costs, whether at trial or appellate levels or otherwise, arising during the
One by One LeadershIp. Inc.
Infill - Immokalce
Page 6 of 23
Agenda Item No. 16028
October 23, 2007
Page 8 of 25
perfonnance of the tenns of this Ah'l'eement, or due to the acts or omissions of the
SUBRECIPIENT.
SUBRECIPlENT's aforesaid indemnity and hold harmless obligation, or portion or
applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT
will hold the COUNTY harmless and will indemnify the COUNTY for funds, which the
COUNTY is obligated to refund the Federal Govemment arising out of the conduct of activities
and administration of SUBRECIPIENT.
F. GRANTEE RECOGNITION
All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as
to funding source. The SUBRECIPIENT will include a reference to the financial support herein
provided by HHS in all publications and publicity. In addition, the SUBRECIPIENT will make
a good faith effort to recognize HHS, State and Federal support for all activities made possible
with funds made available under this Agreement. The SUBRECIPIENT will mount a
temporary construction sign for projects funded by HHS. This design concept is intended to
disseminate key information regarding the dcvelopment team as well as Equal Housing
Opportunity to the general public. This signs construction utilizes a minimum conventional
4'X8" plywood back panel and other conventional construction matedals and methods.
G. TERMINATION
In event of termination for any of the following reasons, all finished or unfinished documents,
data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital
equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned
to HHS or the COUNTY. In the event of tennination, the SUBRECIPIENT shall not be
relieved of liability to the COUNTY for damages sustained by the COUNTY by viliue of any
breach of the Contract by the SUBRECIPIENT, and the COUNTY may withhold any payment
to the SUBRECIPIENT for set-off purposes until such time as the exact amount of damages
due to the COUNTY from the SUBRECIPIENT is detennined.
1. TERMINATION FOR CAUSE
If through any cause citbcr party sball fail to fulfill in timely and proper manner its obligations
under this Agreement, or if either party shall violate any of the covenants, ah'l'eements, or
stipulations of this Ah'l'eement, eithcr paliy sball tbereupon have tbe rigbt to telminate this
Agreement in wholc or part by giving written notice of such tcrn1ination to the other patiy and
specifying therein tile effective date of tennination.
2. TERMINATION FOR CONVENIENCE
At any time during the term of this A h'l'eement, either party may, at its option and for any
reason, tenninate this Agreemcnt upon ten (10) working days written notice to the other party.
Upon termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant
to this Ah'l'eement through and including the date of termination.
3. TERMINATION DUE TO CESSATION
In the evcnt the h'l'ant to the COUNTY under Title I of the Housing and Community
Development Act of 1974 (as amended) is suspended or telminatcd, this Agreement shall be
suspended or terminated effective on the date that HUD or DCA specifies.
One by One LeadershIp, Inc.
Infill - ImmokaIee
Page 7 of 23
L\g:-;nda !tem ~Jo. ; bD28
O~;t:Jber ::::3, 2007
Page 9 of 25
H. INSURANCE
The SUBRECIPIENT agrees this coverage shall be provided on a primary basis.
1. COMMERCIAL GENERAL LIABILITY
The SUB RECIPIENT shall agree to maintain Commercial General Liability at a limit of
liability not less than $100,000 per person and 5200,000 per accident/occurrence per Florida
Statutes ~ 768.28 and $2,000,000 per accident for federal and outside Florida litigation per
Florida Statutes ~ 768.28. Coverage shall not contain any endorscment cxcluding Contractual
Liability or Cross Liability unless granted by the County's Risk Management Department. The
SUBRECIPIE]\;T at,'Tees this coverage shall be provided on a primary basis.
2. BUSINESS AUTOMOBILE LIABILITY
The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of
liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida
Statutes ~ 768.28 and $2,000,000 per accident for fcderal and outside Florida litigation per
Florida Statutes ~ 768.28 for all owned, non-owned and hired automobiles. The
SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than
10 years with deductibles not exceeding S I 000 for Comprchensive and Collision. Collier
County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The
SUBRECIPIENT shall agree to be fully responsible for any deductibles, self-insured retention
or uncovered losses. The SUBRECIPIENT agrees this coverage shall bc provided on a primary
basis.
3. ADDITIONAL INSURED
The SL:BRECIPIENT shall agrce to endorse thc COUNTY as an Additional Insured with a CG
2026 Additional Insured - De~ignated Person or Organization endorsement, or its equivalent, to
the Commercial General Liabilitv. The Additional Imurcd endorsement shall read "Collier
Countv Board of Countv COlllm("ioncrs, apolitical Subdivision of the Stute of Florida. its
OJticers. Emnl.l'Yees. and A~cnts. cCo Housing &...._ Human Services Department". The
SUBRECIPIEJ\T shall agree the Additional Insured endorsements pro\'ide coverage on a
primary basis.
4. CERTIFICATE OF INSURANCE
The SUBRECIPIENT shall at,'Tee to deliver to the COUNTY a certificatc(s) of insurance
evidencing the required insurance is in full force and effcct within thirty (30) calendar days
prior to the execution of this Agrccmcnt by the COUNTY. A minimum thirty (30) day
cndeavDr to nDtify duc to cancellation or non-rene\val of coverage shall be included on the
celiificate(s).
5. RIGHT TO REVIEW Al'JD ADJUST
The SUBREC[PIENT a,,'Tces tllat the COUNTY, by and through its Purchasing or Risk
Management Department. in cooperation with the HHS Department, reserves the right to
periodically review, modify, reject or accept any required policies of insurance, including
limits, coverage's, or endorsements, herein from time to time throughout the life of this
Agreement. The COUNTY reserves the right, but not the obligation, to review and reject any
insurer providing coverage because of its poor financial condition or failure to operate legally.
One by One Leaderslllp, Inc.
Infill - Immokalee
Page 8 of 23
Agenda Item No. 16028
October 23, 2007
Page 10 of 25
I. INDEPENDENT AGENT AND EMPLOYEES
The SUB RECIPIENT agrees that, in all matters relating to this Agreement, it will be acting as
an independent agent and that its cmployces are not Collier County employees and are not
subject to the COUNTY provisions of the law applicable to County employees relative to
employment, hours of work, rates of compensation, leave, unemployment compensation and
employee benefits.
VIII. ADMINISTRATIVE REOUIREMENTS
A. FINANCIAL MANAGEMENT
The SUBRECIPIENT agrees to comply with OMB Circular A -110 (Unifom1 Administrative
Requirements for Grants and A!,'1'eements with Institutions of Higher Education, Hospitals and
other Non-Profit Organizations) and agrees to adhere to the accounting principles and
procedures required therein, utilize adequate internal controls, and maintain necessary source
documentation for all costs incurred.
B. DOCUMENTATION AND RECORD - KEEPING
1. The SUBREClPlENT shall maintain all records required by the CDBG Federal
Regulations.
2. All reports, plans, surveys, information, documents, maps, and other data procedures
developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose
of this A!,'1'eement shall be made available to the COUNTY by the SUBRECIPIENT at
any time upon request by the COUNTY or HHS. Upon completion of all work
contemplated under this Agreement copies of all documents and records relating to this
Agreement shall be surrendered to HHS if requested. In any event the SUBREClPIENT
shall keep all documents and records for five (5) years after expiration of this
Agrecment.
3. The SUBRECIPlENT shall submit reports as required to assist the COUNTY in the
prcparation of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and
HUD Section 3 repoI1s, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi).
4. SUBRECIPlENT shall submit monthly beneficiary reports to HHS using Exhibit "C".
5. The SUBRECIPIENT shall maintain records showing compliance with the Davis-
Bacon Law, including tiles containing contractor payrolls, employee intervicws, Davis-
Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall
maintain records showing contractor compliance with the Contract Work Hours and
Work Safety Law. Similarly, the SUBREClPIENT shall maintain records showing
compliance with federal purchasing requirements and with other federal requirements
for !,'1'ant implementation.
C. PURCHASING
All purchasing for services and goods, including capital equipment, shall be made by purchase
order or by a written contract and in conformity with the procedures prescribed by the Federal
Management Circulars A-lIO, A-122, 24 CFR Part 84, and 24 CFR Part 85, which are
incorporated herein by reference.
One by One LeadershIp, Inc.
lnfill - lmmokalee
Page 9 of 23
/\SF3,;da !tem NO.1 SD 8
Octc)ber 23, 20 7
PClge 11 Jf 5
D. REPORTS, AUDITS. AND EV ALUATlO~S
Reimburscment will be contingent on the timely receipt of complete and accurate reports
required by this Agreement, and on the resolution of monitOling or audit findings identified
pursuant to this A!,'Teement.
E. ADDITIONAL HOUSING & HUMAN SERVICES. COUNTY. DCA. AND HUD
REOUIREMENTS
HHS shall have the right under this A!,'Teement to suspend or tenninate reimbursement until the
SUBREClPIENT complies with any additional conditions that may be imposed by HHS, the
COUNTY, DCA or HUD at any time.
F. PRIOR WRITTEN APPROVALS-SUMMARY
The following activities rcquire the prior written approval of the HHS Department or dcsignec
in order to be eligible for reimbursement.
(a) All subcontracts and a!,'Teements proposcd to be entered into by the SUBRECIPIENT
pursuant to this Agreement;
(b) All capital equipment expenditures of S I ,000 or more;
(e) All out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes,
Chapter I] 2.061);
(d) All change orders; and
(e) All requests to utilize uncommitted funds after tile expiration of this af,'Tccmcnt for
programs described in Exllibit A, and
(f) All rates of pay and pay increases paid out of DR I funds. wllether for merit or cost of
li\'tng.
G. AUDITS AND lNSPECTlO]\;S
At any time during nomlal business hours and as often as HHS, the COUNTY, DCA, HUD, or
the Comptroller Gencral of the Cnitcd States may deem necessary, there shall be made
availablc by the SURRECIPIENT to HHS. the COLJ"iTY. DCA, HUD, or the Comptroller
GcneralliJ[ examlTIation all its records witll respect to all matters covered by this Agreement.
The SUBRECIPlENT agrees to comply with the provisions of the Single Audit Act of 1984, as
amended, as it pcrtains to this Af,'Teement and any subcontracts entered into under this
Agreement. This will require the SUBREClPIEI\T to submit a single audit, including any
management lettcr, made in accordance with the general prof,'Tam requiremcnts of OMB
Circulars A-IIO (Cniform Administrative Requirement for Federal Grants), A-122 (Cost
Principles for Non-Profit Organizations), A-133 (Audits of State, Local Governments, and
~(m-Profit Organizations), and other applicable regulations within one hundred and eighty
(ISO) days after the end of any fiscal year covered by this a!,'Teement in which Federal funds
from all sources are expend cd. Said audit shall bc made by a Certified Public Aceountant of the
SUBRECIPIE"T's choosing. The SUBRECIPIEl\T shall provide such audit to HHS. In the
event the SUBRECIPIENT anticipates a delay in producing such audit or auditcd financial
statements, the SCBREClPlENT shall request an extension in advance of the deadline. The
cost of said audit shall be home bv the SUBRECIPlENT. In the event tile SUBRECIPIENT is
exempt from having an audit conducted under A-133 (Audits of State, Local Governments, and
One by One Leadership, Inc.
Infill - Immokalee
Page 10 of23
Agenda Item No. 16028
October 23, 2007
Page 12 of 25
Non-Profit Organizations), the COUNTY rcserves the right to require submission of audited
financial statements and/or to conduct a "'limited scope audit" of the SUB RECIPIENT as
defined in A-B3. The COUNTY will be responsible for providing technical assistance to the
SUBRECIPlENT, as decmed nccessary by the COUNTY.
H. PROGRAM-GENERA TED INCOME
All income carned by the SUB RECIPIENT from activities financed in whole or in part by
funds provided hereundcr must be reported to HHS. Such income would include, but not be
limited to, income from service fees, sale of commodities, and rental or usage fees. The
SUBRECIPIENT shall report its plan to utilize such income to HHS, and said plan shall
require the prior written approval of the HHS Department or designee. Accounting and
disbursement of such income shall comply with OMB Circular A-II 0 (Uniform Administrative
Requirement for Federal Grants) and other applicable regulations incorporated herein by
reference.
In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for DRI funds
may be retained by the Agency. Program Income shall be utilized to undertake activities
specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to
stated activities. Any Program Income on hand at or received by the SUBRECIPIENT or its
sub-contractors after the expiration of this A!,'feement shall be returned to the COUNTY no
later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requcsts to
utilize uncommitted funds.
1. GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but not limited to; making final
payments, disposing of program assets (including the return of all unused materials, equipment,
unspent cash advances, program income balances, and receivable accounts to thc COUNTY),
and deterrnining the custodianship ofrecmds.
IX. OTHER PROGRAM REQUREMENTS
A. OPPORTUNlTlES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT ah'fees that no person shall on the ground of race, color, disability,
national origin, religion, age, familial status, or sex be excluded from the benefits of, or be
subjected to, discrimination under any activity carried out by the perfonTIance of this
Agreement. Upon receipt of evidence of such discrimination, the COUNTY shall have the right
to tcrminate this Agreement.
To the greatest extent feasible, lower-income residents of the project areas shall be given
opportunities for training and employment; and to the h'featest feasible extent eligible business
concerns located in or owned in substantial part by persons residing in the project arcas shall be
awarded contracts in connection with the project. The SUBRECIPIENT shall comply with the
Section 3 Clause of the Housing and Community Development Act of 1968.
One by One LeadershIp, Inc.
Infill - ImmokaIee
Page 11 of23
/\gen:::fa :t8<11 f'JO. 15D28
Oct:,ber 23. 2007
ra[Je 13 of 25
B. OPPORTUNITIES FOR SMALL AND MIJ\ORITY/WOMEN-OWNED BUSINESS
ENTERPRISES
In the procurement of supplies, equipment, construction, or services to implement this
Agreement, the SUBRECIPlENT shall make a positive effort to utilize small business and
minority/women-owned business enterprises of supplies and services, and provide these
sources the maximum feasible opportunity to compete for contracts to be performed pursuant to
this Ab'feement. To the maximum cxtent feasible these small business and minority/women-
owned business enterprises shall be located in or owned by residents of the CDBGareas
designated by Collier County in the Annual Consolidated Plan approved by HUD.
C. PROGRAM BENEFICIARIES
At least fifty-one percent (51 %) of the beneficiaries of a project funded through this Agreement
must be very low and low income persons. If the project is located in an entitlement city, as
dejined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the
beneficiaries directly assisted through the use of funds under this Ab'feement must reside in
unincorporated Collier County or in municipalities participating in the County's Urban County
Qualification Program. The projcct funded under this Agreement shall assist beneficiaries as
defined above for the time period designatcd in Exhibit A of this Ab'feement. The
SUBRECIPIENT shall provide written verification of compliance to HHS upon HHS' request.
D. EVALUA nON AND MQNITORI]\JQ
The SUBRECIPIENT ab'fees that HHS will carry out periodic monitoring and evaluation
activities as detennincd necessary by HHS or the COUNTY and that the continuation of this
Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this
Agrecmcnt, comparisons of planned versus actual pro!,'fess rclating to project scheduling,
budgets, audit reports, and output measures. The SUBRECIPlENT agrees to furnish upon
request to HHS, the COUNTY or the COUNTY's designees and make copies or transcriptions
of such records and information, as is detennined necessary by HHS or the COCNTY. The
SUBRECIPlENT shall, upon the request of HHS, submit infol111ation and status reports
required by HHS, the COl;'\JTY or HCD on forms approved by IIIIS to enable HHS to
evaluate said progrcss and to allow for completion of reports required HHS by HUD. Tbe
SUBRECIPIE:\IT shall allow HHS or HUD to monitor the SUBRECIPlEJ\T on site. Such site
visits may be scheduled or unscheduled as determined by HHS or HL'D.
E. CONFLICT OF l'\TEREST
The SCBRECIPIENT covcnants that no person who presently exercises any functions or
responsibilities in connection with the Project, has any personal financial interest, direct or
indirect, in the target areas or any parcels therein, wllicll would conflict in any manner or
dC!,'fee with the perfOn1lanCe of this Agreement and that no person having any conflict of
interest shall be employed by or subcontracted by the SCBRECIPIENT. Any possible conl1ict
of interest on the part of the SUB RECIPIENT or its employees shall be disclosed in writing to
Hl-lS provided. however, that this para!,~'aph shall be interprcted in such a manner so as not to
unreasonably impede the statutory requirement that maximum opp0l1unity be provided for
employment of and pat1icipation of low and moderate-income residents of the project targct
area.
F. PUBLIC ENTITY CRIMES
As provided in F.S. 287.133 by entering into this A!,'feement or perfonning any work in
fur1herance hereof, the SUBRECIPlENT certifies that it, its affiliates, suppliers, subcontractors
and consultants who will perfonn hereunder, havc not been placed on the convicted vendor list
One by One Leadershrp, Ine.
Infill - Immokalee Page 12 "1 23
Agenda Item No. 16028
October 23, 2007
Page 14 of 25
maintained by the State of Florida Department of Management Services within the 36 months
immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a).
G. DRUG-FREE WORKPLACE REOUlREMENTS
The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide
drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.C.
701) and with HUD's rules at 24 CFR Part 24, subpart F.
H. CERTIFICATION REGARDfNG LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Conb'fess, 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, b'fant, loan, or cooperative
agreement.
2. If any funds other than Federal appropriated funds havc 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 Conb'fcss, or an employee of a
Member of COnb'feSS in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Fonn-LLL,
"Disclosure FOlm to Report Lobbying", in accordance with its instructions.
3. The undersigned shall rcquire that the language of this certijication be included in the
award documents for all sub awards at all tiers (including subcontracts, subb'fants, and
contracts under grants, loans, and cooperative Agreements) and that all
SUBREClPlENTS shall certify and disclose accordingly.
I. REAL PROPERTY
Any real property acquired by the SUBRECIPlENT for the purpose of carrying on the projects
stated herein, and approved by the COUNTY in accordance with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be
subject to the provisions ofthc CDBG Regulations including, but not limited to, the provisions
on use and disposition of property. Any real property within the SUBRECIPIENT control,
which is acquired or improvcd in whole or part with CDBG funds in excess of $25,000, must
adhere to the CDBG Regulations at 24 CFR 570.505.
x. ENVIRONMENTAL CONDITIONS
A. AIR AND WATER
One by One LeadershIp, Inc.
Injill - lmmokalee
Pagel3of23
.A;]enja item I'.Jo. 16LJ28
OctJDer 23. 2007
Page 15 of 25
The SUBRECIPIENT, as Subrecipient, agrees to comply with the following rcquirements
insofar as they apply to the performance of the Contract:
1. Clean Air Act, 41 U.S.c., 7401, et seq.
2. Federal Water Pollution Control Act, as amended, 33 U.S.c. ]251, et seq., as amended,
1318 relating to inspection, monitoring, entry, reports, and information, as well as other
requirements specified in said Section 114 and Scction 308 (EP A) regulations pursuant
to 40 C.F.R., Part ~O. as amended.
B. FLOOD DISASTER PROTECTION
In accordance with the rcquiremcnts of thc Flood Disaster Protection Act of 1973 (42 USC
4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as
having special flood hazards, flood insurance under the National Flood Insurance Program is
obtained and maintained as a condition of financial assistance for acquisition or construction
purposes (including rehabilitation). If appropriate, a letter of map amendment (LO'vIA) may be
obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood
Insurance.
C. LEAD-BASED PAINT
Thc Subrecipient af,'rees that any construction or rehabilitation of residential structures with
assistance provided undcr this contract shall be subject to HUD Lead-Based Paint Regulations
at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all
HUD-assisted housing and require that all owners, prospective owners, and tenants of
properties constructed prior to 1978 be properly notified that such properties may include lead-
based paint. Such notiiication shall point out the hazards of lead-based paint and cxplain the
symptoms, treatmcnt and precautions that should be taken when dealing with lead-based paint
poisoning and the advisability and c1\'ailabili!y of blood leacllevel screening for children under
seven. The notice should also point out that if lead-based paint is found on the property,
abatcment measures might be undertaken.
D. HISTORIC PRESERVATION
The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the
National Historic Presen'ation Act of 1966, as amenclcd (16 U.S.c. 470) and the procedurcs set
forth in 36 CFR, Part 800, Ad\'isory Council on Historic Prescrvation Procedures for Protection
of Historical Propeliies, insofar as they apply to the performance of tile Contract. In general,
conClllTence from the State HistcHic Preservation Officer is required for all rehabilitation and
demolition of historic properties that are fifty years old or older or that are included, on a
Federal, state, or local historic propCliy list.
XI. SEVERABILITY OF PROVISIQNS
If any provision of this A[,'1'cement is held invalid, the remainder of this Ai,'1'eement shall not be
aifected thereby if such remainder would then continue to confonn to the terms and requirements of
applicable law.
One by One LeadershIp, Inc.
Infill - Immokalec
Page 14 of23
Agenda Item No. 16028
October 23. 2007
Page 16 of 25
XI!. REVERSION OF ASSETS
Upon expiration of the Agreement, the SUBRECIPlENT shall transfer to the COUNTY any CDBG
funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds,
and any non-expendable personal property that was purchased with CDBG funds. Any real property
under SUBRECIPlENT control that was acquired or improved in whole or in part with CDBG funds in
excess of Twenty-five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part
570.503(B)(8).
XIII. CONDITIONS FOR RELIGIOUS ORGANIZATIONS
CDBG funds may not be used for religious activities or provided to primarily religious organizations.
24 CFR 570.200G) specifies the limitations on CDBG funds, and is herein incorporated by reference.
XIV. ATTACHMENT A
The SUB RECIPIENT shall agree to abide by the program guidelines as cxcerpted from the federally
funded 2005 Disaster Recovery Sub grantee Agreement executed by the State of Florida Department of
Community Affairs and Collier County, which are herein incorporated as "Attachment A".
XV. COUNTERPARTS OF THE AGREEMENT
This Ai,'I"eement, consisting of twenty-three (23) cnumerated pages, which include the exhibits and
attachment referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed
to be an original, and such counterparts will constitute one and the same instrument.
One by One Leadership, Inc.
Infill - Immokalee
Page 15 of23
i'\C:0n.Ja item No. 160':'8
'-' October 23, ~007
Page 17 of 25
XV. ENTIRE UNDERSTANDING
This Agreement and its provisions merge any prior agreements, if any, between the parties hcrcto and
constitutes the entire understanding. The parties hereby acknowledge that there have been and are no
reprcsentations, warranties, covenants, or undertakings other than those expressly set forth herein.
WITNESS our Hands and Seals on this
day of
,200
ONE BY ONE LEADERSHIP FOUNDA nON INC.
BY:
(SUBRECIPIEJ\T SEAL)
JOHN LAWSON, EXECLIIVE DIRECTOR
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Patricia Morgan, Dcputy Clerk
BY
JA!\1ES COLETTA, CHAIRMAN
A f
APp~,..ove.dts.. .to forrll~
, ~..--
le~a sUfi:\I)e~C\r:
~") \ r. .
'~"I !j
.,..::::::.. ,.
. . ,,'. l
-, ~
\. J l'
Jeffre'y.4. Klatzkow
J\1anagif_g A~3isianl Count)! Attorney
,
,
One by One LeadershIp, Inc.
Infill - Irnmokalee
Page ] 6 of 23
Agenda Item No. 16028
October 23, 2007
Page 18 of 25
EXHIBIT" A"
SCOPE OF SERVICES
One by One
Intill - Immokalee
THE SUBRECIPIENT AGREES TO:
A. PROJECT DESCRIPTION:
One by One Leadership, Inc. proposes to construct approximately three (3) owner occupied
replacement single family homes that were scvcrely damagcd by Hurricane Wilma in Immokalee.
B. PROJECT SCOPE:
Funding in the amount of Four Hundred Fifteen Thousand dollars ($415,000) has been awarded for the
purpose of providing support for the construction of housing units.
Final completion date for funded activity shall be no later then April 30, 2009.
The Subrecipient will be responsible for the following:
NOTE I: The SUBRECIPIENT shall submit its bid package and drawings/specifications to HHS and
obtain a letter of approval prior to bidding the construction work. The final number of units to be
constructed must bc rep011ed to the HHS staff as soon as the determination is made if it differs from
the proposed 15 units.
J\OTE 2: The SUBRECIPIENT shall prioritize the work in the Project, and shall bid such work in
scalcd bid manner that would allow the rcccipt of itcmized costs from bidders, which would thcn
allow the award of items that can be funded by the budget. The SUB RECIPIENT shall require a bid
bond, 100% payment bond and 100% performance bond for any contract that exceeds $100,000.
NOTE 3: The SUBRECIPIENT shall not award the construction contract for the Project until
sufficicnt funding is available to complete the established scope of work. The SUBRECIPIENT shall
obtain HHS' s approval prior to awarding the construction contract to be funded through this
agreement. The SUBREClPIENT shall submit the name of the contractor to ensure the business is not
fcderallv deban'ed. After awarding such contract the SUBRECIPIENT shall submit bid minutes to
HHS. HHS's approval is required I;rior to executing any change orders to such contract.
NOTE 4: TIle SUBRECIPIENT shall not request advancement from HHS for materials or equipment
received and stored on the project site or elsewhere. The SUBRECIPIENT shall only rcquest
advancement for materials and equipment that have been installed.
ADDITIONAL Responsibilities are:
The creation and maintenance of income eligible files on clients served and documentation that all
households are eligible under HUD Income Guidelines using the Anticipated Annual Income
qualification guideline as outlined by HUD prior to initiating any action regarding the replacement
housing.
One by One LeadershIp, Inc.
Infill- [mmokalee Page 17 of23
t\;;C'.'j;:ja [em No. 160 8
O::tober 23,20 7
Page 19 of 5
Will facilitate the signing of a lien/m0l1gage.
Relocation guidelines must be followed.
Posting of visible signage at the work site identifying the funding source(s) as mentioned in section VII
part F.
The SUBRECIPIENT further agrees that HHS, in consultation with any parties HHS deems necessary,
shall be the final arbiter on the SUBRECIPIENTs compliance with the above.
c.
BUDGET: One by One-Infill
Line Item: Demolition/clearance, site
preparation, relocation, fill, utilities
hook -up and construction
DRI
$415,000
TOTAL PROJECT COSTS
$415,000
Any indirect costs charged must be consistent with the conditions of tllis Agreement. If indirect costs
are charged, the SUBRECIPIENT, as SUBRECIPIENT, will develop an indirect cost allocation plan
for detennining the appropriate SUB RECIPIENTs share of administrative costs and shall submit such
plan to HHS, on behalf of the COUNTY, as the Grantee, for HHS approval, in a form specified by
HHS. In addition, HHS may require a more detailed budget breakdown than the one contained herein,
and the SUBRECIPIE:'-JT shall provide sucll supplementary budgct infonnation in a timely fashion in
the forrn and content prescribed by HHS. Any amendments to this budget must be approved in
writing by HHS and the SUBRECIPIE:'-JT.
D. STAFFING: Provide list of staif directly responsible for rcp0l1ing and request for payment processing.
E. BOt'QING REQUIREMENTS: The SCBRECIPIP\T shall comply with the requirements of OMB
Circular A-II 0 (Unifornl Administrative Requirement for Federal Grants) and 24 CFR PaJ1 84 in
regard to any bid guarantces. perfon11ance bonds, and payment bonds.
F. CONSTRUCTION PA YME"iT RETAINAGE: The SUBRECIPIENT shall apply a retainage of at
least 5% on all construction draws which retainages shall be released in conjunction with the final
draw upon satisfactory completion of the Project. The SUBRECIPIENT agrees not to release such
retain ages until it has obtained approval from the COU!\TY that the contractor and subcontractors
have complied with tile rcquirements of thc Davis-Bacon Act.
G. FORMER PROJECTS: Failure to adequately maintain any fon11er CDBG/HOME!SHIP funded
project may result in the delay of processing reimbursement requests for ongoing activities or in the
forfeiture offuture CDBG!HOME!SHIP..DRI funds.
H. WORK SCHEDUL!';: The time ti'ame for completion of the outlined activities shall be:
---
I Task I End Date
I Qualifv units J anuarv. 2008
Reloc~tion, demo/clearance April, 2008
i Bid process - Work begins Mav - June. 7008
I Work Completion .- April. 7009
I
I Occupancy Certificates April, 2009
One by One LeadershIp, Inc.
Infill - ImmokaJee
Page] 8 of23
Agenda Item ~Jo. 16028
October 23, 2007
Page 20 of 25
I Occupancy
T April, 2009'----- .
Please note that if any of these activities exceed the timelines by two months a revised work schedule
must be submitted to HHS
I. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to HHS outlining
the status of specific activities under the project. Each report must account for the total activity for
which the SUB RECIPIENT is paid with DRI funds, in part or in whole, and which is required in
fulfillment of their obligations regarding the Project. The progress reports shall be submitted on the
form Exhibit '.C". The progress reports shall be used as an additional basis for HHS approval of
invoices, etc. for payment.
J. DAVIS-BACON ACT: The SUBRECIPIENT shall request the County to obtain a Davis-Bacon wage
decision for the project prior to advertising the construction work. The SUBRECIPIENT shall
incorporate a copy of the Davis-Bacon wage decision and disclose the requirements of the Davis-
Bacon Act in jts construction bid solicitation and sub-contract(s).
K. COMPENSATION: The County shall pay the SUBRECIPIENT for the performance of this
Agreement upon completion or partial completion of the work tasks as accepted and approved by HHS
pursuant to the submittal of monthly prof,'I'ess reports as identified in Section l. Payments shall be
made to the SUBRECIPIENT when requested as work progresses, but not more frequently than once
per month. Adherence to the work schedule identified in Section H will bc rcquircd, unlcss modified in
writing by the parties. Payment will be made upon receipt of a proper invoice and in compliance with
Section 218.70, Fla. Stats., otherwise known as the "Florida Prompt Payment Act".
One by One LeadershIp, Jnc.
Infill - Immokalee
Page 19 of23
/\~snd3 ':em ~'Jo. 16028
Oct'::Jber 23. 2007
Page 21 of 25
EXHIBIT "B"
COLLIER COUNTY HOUSING AND HUMAN SERVICES
REQUEST FOR PA YMENT
Disaster Recovery Initiative
Subrecipient Name: One bv One Leadership Foundation Inc.
Subrecipient Address: 355 South Third Street-P.O. Box 5393. Immokalee. FL 34143
Project Name:
One bv One Leadership Foundation. Inc.
Project No: DR! 05-01
Payment Request #
Dollar Amount Requested: S
STATUS OF FUNDS
I. Grant Amount Awarded
2. Sum of Past Claims Paid on this Account
$ 4] 5,000.00
S
$
S
S
S
S
3. Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account
4. Amount of Previous Unpaid Requests
5. Amount ofToday's Request
6. Current Grant Balancc (Initial Grant Amount A wardcd
Less Sum of all rcquests)
7. If applicable amount held as retainage to date
by the County, if not retained by the sub-recipient
I certify this request for payment has becn drawn in accordance with the terms and conditions of the
Agrcement between the County and us as thc Sub-recipient. I also certify tbat the amount of the Request for
Payment is not in excess of current needs.
Signature
Date
Title
Authorizing Grant Coordinator
Supervisor
Dept Director
(approval authority under S 14,999)
(approval required S IS.OOO and ahove)
One by One LeadershIp, Inc.
Infill - Immokalee
Page 20 nf ~3
Agenda Item No. 16028
October 23, 2007
Page 22 of 25
EXHIBIT "C"
DRI MONTHLY PROGRESS REPORT
Complete form for past month and submit to /lousing &Human Service's staff by the 1 d" of the following
month.
Status Report for Month of
Submittal Date:
Project Name
Project Number DRI 05-01
Activity Number
Subrecipient:
Contact Person
Telephone: (239)
Fax: (239)
E-mail:
1. Activity Status/Milestones (describe any action taken, relating to this project, during the past month):
2. What events/actions are scheduled for the next two months?
3. Describe any affirmative marketing you have implemented rcgarding this project. Please list and
attach any recent media coverage of your organization relating to this project.
4. List any additional data relevant to the outcome measures listed on the application for this project.
5. Identify any potential issues that may cause delay.
One by One Leadership, Inc.
Infill - Immokalee
Page 21 of 23
Agf;i1da item r Jo. 16028
October 23. 2007
Page 23 of 25
6. New contracts executed this month (if applicable):
Name of Contractor or Amount of Contractor Race Ethnicity
Subcontractor, Address & Phone Contract Federal 10 (see definitions on (see definitions on
Number Number foIlOl\'ing page) following page)
7. For projects that serve a particular clientele, please complete the following information by entering the
appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients
served this month. DO NOT DliPLlCA TE clients served in previous months. You may provide data by
either households or persons served. However, if one person received TWO services this counts as TWO
SERVICE UNITS:
TOTAL BENEFICIARIES
This project benefits ____._ households or persons. Please circle one category (either "households" or
"persons"). Enter the number 0/ beneficiaries in the blank space and in box" 1. "
INCOME
Of the households or persons assisted, _._ are extremely low-income income (0-30%) of the current
Median Family Income (MFI). ElJIer this number in box "l. "
Of the households or persons assisted. _____ _ __ are very low-income (31-50%,) of the current Median
Family Income (MFI). Enter this number in box "3.
Of these households or persons assisted. ____ arc low-il1CLlme (51-SO'!,) o[the CUITent Median Family
Income (MFI). Enter this nllmber in box "4. .
NOTE: The total o{boxes 2,3 and 4 should equal the number in box 1.
FEMALE HEAD OF HOUSEHOLD
This project assisted
in box "5" below'
Female Head of Households REGARDLESS of income. Enter this number
!-~o~ 5
BOX I
1:30X2
rlOX 3
B()." 4
Totul \'umber of
Households or Persons
Assisted
Extremely
L(lW Income
VC:"V
Ll\Y Income
Low In;::omc
r51-S(}",u)
Fem:lleHcadof
Household
(0_.,00,;,)
(3 I . 5 (l(~;' )
L__
One by One Leadershlp, Inc.
InfiIl - Imlllokalee
Page 22 of ~3
Agenda Item No. 16028
October 23, 2007
Page 24 of 25
Subrecipients must indicate total beneficiaries for Race AND Ethnicitv
Definitions of Race:
I. White: A person having origins in any of the original peoples of Europe, the Middle East, or North
Africa.
2. Black or African-American: A person having origins in any of the black racial groups of Africa.
3. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or
the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia,
Pakistan, the Philippine Islands, Thailand, and Vietnam.
4. American Indian or Alaska Native: A person having origins in any of the original peoples of North
and South America (including Central America), and who maintains tribal affiliation or community
attachment.
5. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of
Hawaii, Guam, Samoa, or other Pacific Islands.
Definitions of Ethnicity:
I. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or
other Spanish culture or origin, regardless of race.
Tabulation Table of Race and Ethnicitv Beneficiaries
Race # Total # Hispanic
White
Black or African American I I
Asian I ,
I
American Indian or Alaskan Native I~ I
! Native Hawaiian or Other Pacific Islander I
.~_._~.- -.-.----
American Indian/ Alaska Native and White i
Asian and White I
----- ,
Black! African American and White ,
,
I American Indian/Alaskan Native and Black/African American
I Othcr Multi-Racial -----
TOTAL:
One by One Leadership, Inc.
Infill - Immokalee
Page 23 of 23
Page I or I
Aw:r1da Ih~nl r'kll GD?n
0,. !nl!cr 21. 2u07
P:-1Ue ~:5 of 25
COLLIER COUNTY
DO/.I,i1n OF COUNTY COMM1SSIOhlERS
Item Number:
I()U)3
Item Summary:
F?E'CUI1IIlICIII.I;lliull (hell tllf: Bo,lId of ( Olll!ty l~:J11111lIS5ioners approves, and autllOrizes its
Ci):,jllfl;lll 1(' "llJll -r ~;ljIJll':.:,iIW:'Il! i\~IPelTlclll providirlg Disdstel' Recovery InitiativefDPI)
IUlldlll(J111 till alllUUllI of ::;41 ~i,UOU_OU tu CiIW I)')' UIle Lf'ad('~I-ship FOUlluatiofl for in fill in order
to ';uppOIl tilE' "IJII",jlllctiun of 110lJsing lIllits
Meeting Date:
1(jl23/20U/ S'(I(]UO i\M
P,'cparcd By
Sandin Marrero
Gr?llls Mall;;~W1llf'llt Coor(linator
Dale
Public Sprvir::€'s
HO\JSil1~j I'. f~'_lrrliW SPrvit.es
1015/2007 4:32:0ll PM
ApllrO\'cd B,y
Marcy Krumbille
Djlf'dor
Date
Puhlic Servic(>!;
Housin(j & HlIllFltl SHvices
101512U07 7:01 PM
Approved H:y
Marlelle J, Foord
Grallts Courdil1ator
Date
Adnlinislr<ltive Scrvic.es
Adnlinistrillivf' S"rViCfYS Admin.
10ml2007 10~11 AM
ApJlro\cd By
Marla R;nnsey
Public Sen'icps .'H!ll1imstrator
Date
Public Sender's
Pu~)lic ~;r>r'J'L~{'~'~ !\(]1l1lll
10111120079:11 AM
ApJlroved Uy'
01.113 Cooldin:,ILH
I~!lplicatiull:: 1~llal\";1
Date
Adlllini<:;jr<ltivp; :;','rvic"r,
Il1fort1Hji011 1 p:;!1I1niony
10111'.?[)071U:05 AM
Appro\ ed By
SIIClTY Fryur
l\'idllduenWl)i :.:, ["lId~If't f\iI,li\,~;l
Dille
GOIlI11" rd;JI1;I(!(,I'~; Ofilf'"
:'lfii'-" "I i''-I;tlhiq'"IH",t ,'~, f:I'd'l'~t
'10/1112007 '10:<14 AM
Apl'nlnd By
Mi,_;I],;;;! Sni\dqn\'.l-.i
r,:;dil:'[);>!lI(.'ll1 :; ~ll:d Ii;! Ulrect;;)
Dille
(:('l.Irll.,,,1'\.latl,'{F'r-' (llllr.j'
, ,r Ii ~." ., ~ I\il;i,,:\r 1! - ! rll 'I t; F:, J (1 ; II: I
1Di12,':20071:51 PM
AI)pnlHlI By
JiHllPS V, r,1udd
(;,)lll'ly LL1!1;li:"I'
D.:1te
80,jf(j of CounL)'
;";{1:lilly fl1,11l;IJ(~r's OlficT
1lJ!15121JQ7 7:29 PM
C<'11I1lllS:'iullt;!':;
Agenda Item No. 16029
October 23. 2007
Page 1 of 29
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves, and authorizes its
Chairman to sign, a Home Investment Partnership Program (HOME) Subrecipient
Agreement with Big Cypress Housing Corporation providing for a grant in the total
amount of $250,000.00 for the construction and/or installation of fire sprinklers for a 55-
unit, multi-family rental housing complex (The Reserve at Eden Gardens) for legal migrant
and seasonal farm workers in Immokalee.
OBJECTIVE: To provide safe, decent and ajfordable rental housing to benefit low income
residents. Big Cypress Housing Corporation will construct new affordable, farm worker rental
housing in Immokalee through the utilization of a wide variety of federal and state resources.
This HOME agreement for $250,000.00 will be utilized in the construction ofa 55 multi-family
rental housing complex (The Reserve at Eden Gardens) for legal migrant and seasonal
farmworkers in lmmokalee.
CONSIDERATION: The Collier County Housing and Human Services Department proposes
to provide a $250,000.00 grant from HOME funds to the Big Cypress Housing Corporation. In
an effort to address the growing need for affordable housing, federal funds were earmarked in the
2007-2008 One-Year Action Plan for The Reserve at Eden Gardens falID worker rental
development.
~
The request for $250,000.00 in HOME funds will allow for the construction of new rental
housing to benefit legal migrant and seasonal farm workers in lmmokalee. Specific funding
requested for this HOME will improve the quality of ajfordable rental housing and increase the
supply.
On April 24, 2007, the Board of County Commissioners approved submission of the County's
second 5- Year Consolidated Plan FY 2006 through 20 I 0 to HUD and adopted the current One-
Year Action Plan for FY 2007 - 2008 which outlined the activities to be Ji.mded between July I,
2007 and June 30, 2008. A summary of the projects to be funded and the number of
beneficiaries were published in the 2007-2008 Action Pl:1n. The project included in this
agreement was approved in the 2007-2008 Action Plan.
The development team has identified a varicty of othcr funding sources including United States
Department of Agriculture (USDA) and Low Income Housing Tax Credits (LIJ-ITC) to develop
and construct this 55-unit rental complex. HOME Grant funds are needed to assist with the
housing construction component of this complex. In 2005, $224,000.00 in federall-IOME funds
was provided to assist in the acquisition of this site.
--
FISCAL IMPACT: Approval of this agreement will provide a grant in the total amount of
$250,000.00 to Big Cypress Housing Corporation Irom HOME funds. Co llier County has been
receiving U.S. Department of Housing and Urban Development (I-IUD) funding for eligihle
CDBG/HOME projects since 2001. The construction of this 55-unit afl(,rdable rental
development is a J-1UD eligible activity. In addition to the $224,000.00 in HOME funds that was
Page J of2
Agenda Ilem ~Io. 1 (j[l29
October 23,2007
Pa~e 2 of 29
expended for land acquisition, additional State and Federal funds are included in this $13 million
project. However, no general funds are heing utilized in this affordable housing initiative.
GROWTH MANAGEMENT IMPACT: The provision of affordable, farm worker rental
housing is consistent with the goals and objcctives of thc Housing Element of the County's
Growth Management Plan.
LEGAL CONSIDERATIONS: This is a standard IIUD form agrecment suitable for Board
action. - JAK.
RECOMMENDA TION: That that Board of County Commissioners approves and authorizes
its Chairman to sign a HOME Subrecipicnt Agreement with Big Cyprcss Housing Corporation
for the construction and/or installation of fire sprinklers for a 55-unit, multi-family rental housing
complex (The Reserve at Eden Gardens) for legal migrant and seasonal farm workers in
Immokalee.
Prepared by: Rosa Munoz, Grants Coordinator
Housing and Human Services
Page 2of2
Agenda Item No. 16029
October 23, 2007
Page 3 of 29
AGREEMENT BETWEEN COLLIER COUNTY
AND
BIG CYPRESS HOUSING CORPORATION
HOME AND HOME CHDO SET ASIDE
FOR FIFTY-FIVE (55) UNITS
Catalog of Federal Domestic Assistance # 14.239
HUD Grunt # M-07-UC-12-0017
TI-IlS AGREEMENT, is entered into this
day of
20
by and
between Collier County, a political subdivision of the State of Florida, hereinaftcr rcfcrred to as
"COUNTY", and "The Big Cypress Housing Corporation" a private not-for-profit corporation cxisting
under the laws of the State of Florida, having its principal ofticc at 19308 SW 380'h Strect, Florida
City, Florida 33034, and its Federal Tax Identification number as 65-1067124 hereinafter referred to as
the "DEVELOPER," collcctivcly the "Partics."
WHEREAS, the COUNTY is the recipient of HOME Investment Partncrships (HOME)
Program funds from the United Statcs Department of Housing and Urban Developmcnt (HUD) as
provided by the Cranston-Gonzalez National Affordablc Housing Act, as amended ("ACT"); and
WHEREAS, the Board of County Coml11issioncrs of Collicr County approved the Collier
County Consolidatcd Plan One-Ycar Action Plan j(lr Federal Fiscal Ycar 2007-2008 for the HOME
Pros~'am by Resolution (2007-101) on April 24, 2007; and
WHEREAS, the United States Departmcnt of Housing and Urban Dcvclopmcnt (HUD) has
approved the County's Consolidatcd Plan One-Year Action Plan for Federal Fiscal Year 2007-2008 for
the HOME ProS'fam and the use of the HOME funds for thc activities identijied in the Plan; and
WHEREAS, the COUNTY and the DEVELOPER dcsirc to provide the activities specified in
this Agrcement, in accord with thc approved Onc-Ycar Action Plan; and
WHEREAS, the COUNTY desires to engage the DEVELOPER to il11plel11cnt such
undertakings of the HOME ProS'Tam as a valid and worthwhile County purposes.
NOW, THEREFORE, in considcration of the mutual covenants and obligations herein
contained, including the Attachments, and subject to the telms and conditions hcreinafter stated, the
Partics hereto understand and agree as follows:
Big Cypress Hou.sing Corporation
2007-HOME Construction/Fire Sprinklers
CHDG Set-Aside Agreement
Pagc I of 26
f\:wn,~ja aern r'~o. 10029
October 23. 2007
Page 4 of 29
I. DEFINITIONS
(1) "AGENCY" means the Housing & Human Scrvices Depmiment of Collier County, the
HOME administering agcl1cy of Collicr County. For the purpose of this Agreement and
all administration of HOME funds, the AGENCY shall act on behalf of the COUNTY
in the execution and fiscal and proh'l'ammatic control of this ah'l'eement. The tenn
"Approval by the COUNTY" or like term used in this Agreement shall in no way
relicve tile DEVELOPER from any duties or responsibilitics under the tcnTIS of this
Agreement, or obligation State or local law or regulation..
(2) "COUNTY" means Collier County, and where applicable, it's authorized
representative( s).
(3) "HOME" is hereby dcfined as the HOME Investment Partnerships Proh'l'am as
described in 24 CFR Pmi 92, undcr the authority of 42 U.S.c. 3535 (d) and 12701
12839.
(4) "HHS" means the Housing and Human Services Depmiment of Collier County.
(5) "DEVELOPER" mcans thc Big Cyprcss Housing COI1Jora!ion. .
(6) "HHS APPROVAL" means thc written approval of the Housing and Human Scrviccs
Departmcnt or designee.
(7) "HUD" means the Secretary of the U.S. Dcpmiment of Housing and Urban
Development or a person authorized to act on its bchalf.
(8) "Low and moderate income persons" mcans the definition sct by HUD.
(9) "PROJECT" means tile work contemplated to be performcd as set forth in Exhibit "A".
(10) "FEE" is hercby dcfined as the amount of money the COUI\TY agrees to pay and the
DEVELOPER agrees to accept as payment in full for all the professional and technical
scrvices rendered pursuant to this Agreement to complete the WORK as further dcfincd
in Section III, Seope of Work, hereof.
(II) "WORK" - is hereby defincd as all the professional and technical services to be
rendered or provided by the DEVELOPER as deseribed here.
II. SCOPE OF SERVICES
The DEVELOPER shall, in a satisfactory and proper manner, as determincd by HHS, perform thc
tasks neecssary to conduct the program outlincd in Exhibit "A," and shall submit each request for
rcimbursement using Exhibit "B" along with the montllly submission of Exhibit "C," all of which are
attached hereto and made a part hereof.
III. TIME OF PERFORMANCE
The effective date of this Ah'recmcnt and all rights and dutics dcsignatcd IIcrcunder arc contingent
upon the timely release of funds for this project by HUD under Grant No. M-07-UC-12-0017. The
effcetive date shall be the latest date of execution of this Agrcemcnt, and the scrviecs of the
DEVELOPER shall bc undcliaken and completcd in light of tile p1l11Joses of this Agreement. In any
event, all serviccs required hereunder shall be completed by tile DEVELOPER prior to June 15, 2008.
Any funds not obligated by the expiration datc of this Agreement shall JutDlnatically reveli to the
COUNTY, as sct forth in PaJi VIII F (e), and Pmi VlfllI bclow.
Big Cypress H(lUsing Corporation
2007~fIOME Construe/ion/Fire Sprinklers
C1IDO Set-Aside Agreement
Page .2 of 26
Agenda Item No. 16029
October 23, 2007
Page 5 of 29
IV. CONSIDERATION AND LIMITATION OF COSTS
The DEVELOPER shall be reimbursed by the COUNTY for allowable costs, detennined by
COUNTY, in an amount not to exceed TWO HUNDRED FIFTY THOUSAND DOLLARS
($250.000.00) for the services described in Exhibit "A." In thc evcnt the project costs exceed the
stated amount, the DEVELOPER shall be responsible for the excess. The COUNTY reserves the right
to inspect records and project sitcs to determine that reimbursemcnt and compensation requests are
reasonable. The COUNTY also reserves the right to hold payment until adequate documentation has
been provided and reviewed, but such payments shall not be arbitrarily nor unreasonably withheld if
adequate documentation as defined by HOME regulations is provided.
The DEVELOPER may submit a final invoice upon completion with a lettcr requesting closeout of the
project. Final payment shall be made after the COUNTY has determined that all services have been
rendered, files and documcntation delivered, and units have been placed in service in full compliance
with HOME regulations, including submission of a completion report and documentation of eligible
occupancy, property standards and applicable restrictions. Said determination shall be made within
rcasonable time, but no later than forty-five (45) days after the DEVELOPER has submitted its final
InVOIce.
The COUNTY shall have the right to review and audit all records of the DEVELOPER pertaining to
any payment by the COUNTY. Said rccords shall be maintained for a period of five years after
completion.
All improvements spccified in Exhibit "A" shall be perform cd by DEVELOPER employees, or shall be
put out to competitive bidding under a procedure acceptable to the COUNTY and federal
requirements. The DEVELOPER shall cnter into contract for improvcmcnts with the lowest
responsive and responsible bidder. Contract administration shall be handled by thc DEVELOPER and
monitorcd by tile COUl\TY, which shall havc acccss to all records and documents related to the
project.
V. NOTICES
All notices required to be given under this Agreement shall be sufficient when delivercd to Housing
and Human Scrvices at its office, presently located at 3050 North Horseshoe Drivc, Suite 110, Naples,
Florida 34104, and to the DEVELOPER when delivcrcd to its officc at the addrcss listed on page onc
(I) of this Agreement.
VI. SPECIAL CONDITIONS
The DEVELOPER agrccs to comply with thc rcquirements of Title 24 Code of Federal Regulations,
Part 92 of the Housing and Urban Development regulations conccrning HOME Investment Partnership
Program Grants (HOME) and all fcderal regulations and policies issued pursuant to thcsc ret,'lllations.
The DEVELOPER fmiher agrees to utilize funds available under this A!,'rccmcnt to supplement rather
than supplant funds otherwise available for specified activitics.
Big Cypress Housing Corporation
2007-HOME Construction/Fire Sprinklers
ClIDO Set-Aside Agreement
Page 3 of26
6,genda item [-Jo. i 6029
Octc.lber 23. 2007
Page 6 of 29
VII. GENERAL CONDITIONS
A. lMPLEMENTAT10N OF PROJECT ACCORDING TO REQUIRED PROCEDURES
The DEVELOPER shall implement this Agreement in accordance with applicable
Federal, State, and County laws, ordinances and codes and with the procedures outlined
in HHS' Policics and Procedures memoranda. The Federal, State, and County laws,
ordinances and codcs are minimal reS'lllations supplement cd by more rcstrictive
guidclincs sct forth by HHS. No paymcnts will bc made until approvcd by HHS
Department or designce.
Should a project receive additional funding after the commencement of this Agrcement,
the DEVELOPER shall notify HHS in writing within thirty (30) days of rcceiving
notification from thc funding source and submit a cost allocation plan for approval by
the HHS Dcpartmcnt or designcc within forty-five (45) days of said official
notification.
B. COMPLIANCE WITH LOCAL AND FEDERAL RULES, REGULATIONS AND
LAWS
The DEVELOPER covenants and warrants that it will comply with all applicable laws,
ordinances, codcs, rulcs and regulations of thc statc local and federal governments, and
all amendments thereto, including, but not limited to; Title 8 of the Civil Rights Act of
1968 PL.90-284; Executive Ordcr 11063 on Equal Opportunity and Housing Section 3
of the Housing and Urban Development ,\ct of 968; Housing and Community
Development Act of 1974, as wcll as all requircmcnts sct f01ih in 24 CFR 92 of the
Home lnvestmcnt Parincrship Program. The DEVELOPER covenants and warrants
that it will indemnify and hold thc County {()rever free and hannless with rcspcet to any
and all damages whcthcr dircetly or indirectly atising out of the provisions and
maintenance of this contract.
For all activitics except predevelopmenL no HOME project funds will be advanced, and
no costs can be incuITed. until the COCNTY has conducted an cnvironmcntal rcview of
the proposcd project site as required under 24 CFR 5S. The cnvironmental review may
result In a decision to proceed with, modify or cancel the grant assistance.
Notwithstanding any provision of this Agreemcnt, tile Pmiics hercto agrec and
acknowledge that this Agreement docs not constitute a commitment of funds or sitc
approval, and that sueh commitment (,f funds or approval may oceur only upon
satisfactory completion of environmental review and receipt by the COUNTY of a
release of funds [1'om the U.S. Department of Housing andUrbun Dcvelopmcnt under
24 CFR 5R. The HOME funds advanced to the PROJECT will be secured by lease
agreements, and deposit agreements. The DEVELOPER will also ensure that the
PROJECT bc sccurcd by a deed rcstriction as required by 24 CFR Pari 92.504. The
DEVELOPER agrees to comply with all applicable standards, orders, or requirements
issued under section :106 of the Clean Air Act (421'.S.C. IR57(h)), section 50R of the
Clean Watcr Act (3:1 U.SC. U6R), Executive Order 11738, and Environmental
Protection Agency regulations (40 CFR part 15). The environmental effects of each
activity carTied out with HOME funds must he assessed in accordance with tile
provisions of the National Environmental Policy Act of 1 c)('9 (NEPA) (42 U.S.c. 4321)
Big Cyprl'ss Housing Corporation
2007-HOylE ConstructiowTirc Sprinklers
C1IDO Set-Aside Agreement
Page 4 of 26
Agenda Item No. 16029
October 23, 2007
Page 7 of 29
and the related authorities listcd in HUD;s implementing regulations at 24 CFR parts
50 and 58.
The DEVELOPER will cnsure that any expenditure of HOME funds will be in
compliance with the requirements at 24 CFR 92.206, and acknowledges that HOME
funds will only be provided as reimbursement for eligible costs incurred, including
actual expenditures or invoices for work completed. If the project is to be owner-
occupied, the DEVELOPER will ensurc that all HOME assisted units will be in
compliance with 24 CFR 92.254, including documenting that the property is eligible
under 92.254(a)(l) - (2), and will maintain compliance during the minimum
compliance pcriod. (If the property also contains a rental unit assistcd with HOME
funds, the DEVELOPER will ensure that occupancy complies with the requiremcnts of
92.254(a)(6).) If the project is to be rental, the DEVELOPER will ensure that that
project is cligible under 92.214, and that it will meet the applicable standards of24 CFR
92.252 - 253 at occupancy and for the minimum compliance period.
The designated HOME-assisted units of this PROJECT will meet the affordability
requirements as found in 24 CFR 92.252 (rental housing). Thc DEVELOPER shall
collcct and maintain Project heneficiary information pcrtaining to household size,
income levels, racial cllaracteristics, and the presence of Female Headed Households in
order to dctcrminc low and modcratc-incomc bcnefit in a cumulative and individual
manner. Income documentation shall be the Annual Anticipated Income mcthod as
stated in the HUD Technical Guide for Detel11lining [ncome and Allowances Under the
HOME Program.
In thc selection of occupants for PROJECT units, the DEVELOPER shall comply with
all non-discrimination requirements of 24 CFR 92.350. Such procedurcs are subject to
approval of thc HHS Dcpartmcnt. Thc DEVELOPER will implcment affil11lative
marketing procedures as required by 24 CFR 92.35 I. Such procedurcs are subject to
approval ofthc HHS Dcpm1mcnt.
[f the PROJECT is occupied at the time of this commitment, the DEVELOPER will
comply with thc relocation rcquircments 01'24 CFR 92.353.
The DEVELOPER shall assure compliance with 24 CFR 92.251 as relates to Property
Standards and Housing Quality Standards (HQS), Accessibility Standards undcr 24
CFR 92.251(a)(3) as applicahle, and Lead Bascd Paint Rcquircments as found in 24
CFR 92.355 and 24 CFR Pat1 35.
The DEVELOPER shall provide documentation approved by the HHS Depm1ment
regarding match for purposcs of the HOME program prior to submittal of request for
payment prior to submittal of rcqucst for paymcnt.
The DEVELOPER will be monitored hy the HHS Depm1mcnt for compliance with the
regulations of 24 CFR 92 for the compliance period spccificd abovc. The
DEVELOPER will provide rep0l1s and access to project files as requested by thc HHS
Departmcnt during the PROJECT and for Fivc (5) years aftcr completion and closeout
of the AGREEMENT. Project records must be maintaincd on site.
Big Cypress Housing Corporation
2007-HOME Constmction/Fire Sprinklers
CHOO Set-Aside Agreement
Page 5 of 26
.!\Jenja item i~o. 16029
October 23,2007
Page 8 of 29
CHDO PROVISIONS:
It is understood that the DEVELOPER has certified that it is and will maintain CHDO
(Community Housing Development Organization) status for the term of the
PROJECT/AGREEMENT in accordance with 24 CFR 92. DEVELOPER agrees to
provide information as may be requested hy tile AGENCY to dowment its continued
compliance, including but not limited to an annual board roostcr and ccrtification of
continued compliance.
Any funds advanced as CHDO pre-devclopment funds must be in compliance with
92.301, and are forgivable only under the temlS in 92.301.
Any funds advanced to the CHDO as CHDO Operating Expenscs must be expended in
compliance with 24 CFR 92.208.
Any funds that the CHDO is pemlitted to rctain as CHDO proceeds li'om this projcct
shall be used in compliance with 24 CFR 92.300(a)(2) or as specified in this
Agrecmcnt.
If the project is rcntal, the DEVELOPER will crcate and follow a tenant patiicipation
plan as required in 24 eFR 92.303.
1. 24 CFR Part 92.206, HOME Investmcnt Partnership Program - Thc
ref,'lllations governing tile disbursement of HOME funds.
2. 24 eFR Part 58 - The regulations prescribing the Environmcntal Revicw
proccdure.
3. 36 eFR Part 800 - The regulations outlining the proccdures for the protection
of historic and cultural propeliics.
4. 24 eFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984
Civil Rights Act.
5. 24 eFR Part 107 - The regulations issued pursuant to Executive Order 11063
which prohibits discrimination and promotes cqual oppOliunity in housing.
6. Exccutivc Ordcr 11246, as amended by Exccutivc Orders 11375 and 12086-
whicll estahlishes hiring goals for minorities and womcn on projects assisted
with federal funds.
7. Title VII of the 1968 Civil Rights Act as amended by the Equal
Employmcnt Opportunity Act of 1972 - which prohibits discrimination in
etnploynlent.
8. 24 eFR 135 - Regulations outlining requirements of Section 3 of the Housing
and Urban Developmcnt Act of 1968, as amcnded.
Big Cypre~i:> Housing Corporation
2007-HOME Coni:>truction/Firc Sprinklers
CHDO Set-Aside ^grccmcnt
Page 6 of 26
Agenda Item No. 16029
October 23, 2007
Page 9 of 29
9. Age Diserimination Act of 1973
10. National Flood Insurance Act of 1968
II. 24 CFR Part 130 - Regulations that prohibit discrimination in employment in
federally assisted constnlction contracts.
12. 40 CFR Part 15 - Regulations relating to the applicability of the Clcan Air and
Water Pollution Acts.
13. Contract Work - Hours and Safety Standards Act
14. Lead Based Paint Poisoning Preventive Act
15. Section 504 of the Rchabilijation Act of 1973
16. Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970
17. 29 CFR Parts 3, 5 and 5a - Rcgulations which prescribe the payment of
prcvailing wages and the use of apprenticcs and trainccs on fcdcrally assisted
projects as mandated by the Davis-Bacon Act. HUD Form 4010, which
describes the Davis-Bacon Act, is includcd as part of this a!,'fecment and must be
included in all constlUction contracts funded by CDBG. See attachment A-3.
18. Revised Order Number 4 - Regulations that establish guidelines for the
implementation of Executivc Ordcr 11246 as amended by Executivc Ordcrs
11375 and 12086.
19. Executive Order 11914 - Prohibits discrimination with rcspect to the
handicappcd in fcdcrally assisted projects.
20. Executive Ordcr 11625 and U.S. Department of Housing and Urban
Development Circular Letter 79-45 - which prescribes goal percentages for
patiicipation of minority busincsscs in Community Developmcnt Block Grant
Contracts.
21. 29 CFR Part 3 - The Copeland Anti-Kickback Act (i 8 LJ.S.C. 874 and 40
U.S.C. 276c), which deals with employee forfeiturc of compensation by force.
22. Florida Statutes, Chapter 112 - which dcals with conflict of interest.
23. HUD - requircd rcports, circulars, and procedures, such as tile Grantee
Per!ClI1llanCe Report.
24. Public Law 100-430 - the Fair Housing Amcndments Act of 1988.
Big Cypress Housing Corporation
2007-HOME Construction/Fire Sprinklers
CHDO Set-Aside Agreement
Pagc 7 of 26
,~\Qenda item ~Jo. i 6029
~ October 23. 2007
Pege 10 of 29
25. 24 CFR 570, Subpart J - rcgulations covcring standard Grant Administration
Procedures. These replace OMS Circular A-I 02. This subpali includes 24 CFR
570.502.
26. OIVIB Circular A-133 - conceming annual audits.
27. OIVIB Circular A-122 - which identifies cost principles.
28. Section 109, Public Law 100-202 - which restIicts the awarding of public
works contracts to finns from foreign countries with unfair trade practices.
29. 24 CFR Part 84 - OMS Circular A-lIO Codified in the Uniform Administrative
Requirements for Grants and Agreemcnts With Institutions of Highcr Education,
Hospitals and Other Non-Profit Organizations.
30. 24 CFR Part 85- OMS Circular A-I02 Codijied in the Unifornl Administrative
Requircments for Grants and Agreements to State and Local Govemments.
C. SUBCONTRACTS
The DEVELOPER furthcr warrants and agrecs to include or eausc to be included the
criteria and requirements of this section in cvery non-exempt subcontra<.:t in exccss of
$100,000. The DEVELOPER also agrees to take such action as the federal, state or
local government may direct to cnforcc aforesaid provisions.
As provided in F.S. 287.13:1 by entcring into this '\grccment or pcrforming any work in
furthcrance hereot~ the DEVELOPER certifies that it, its affiliates, suppliers,
subcontractors and consultants who will perform hereunder, havc not bccn placed on
the convicted vendor list maintained by the State of Florida Depalimcnt of Managcment
Services within the :16 months immediately preceding the datc hereof. This notice is
rcquired by F.S. 287.1:13 (:1 Ira).
Any work or services subcontracted by the DEVELOPER shall be specifically by
written contract or agreement, and such subcuntracts shall be subjcct to eaeh pro\'ision
of this Agreement and applicable County, State, ancl Federal guidelines and regulations.
Prior to exccution by the DEVELOPER of anv suhcontract hereunder, such
subcontracts must be submitted by the DEVELOPER to HilS for its review and
approval, wllich will spccifically include a determination of compliance with tllc terms
of the attached Work Prc>gram sct fOlth in Exllibit "A."
TlIis rcview ~Ilso includes ensuring that all consultant contracts and fee schedulcs meet
the minimum standards as establiShed by the Collier County Purcllasing Depariment
clIld HUD. Suhcontracts for architecture, engineering, survey, and planning shall be
negotiated fixed fee contracts. All additional services shall have prior writtcn approval
with supP01i documentation detailing categories of persons perfc)rming work plus
hOllrly rates including benefits, number of drawings required, and all itcms that justify
the "Fixed Fee Contract." Reimbursements f()r such scrviecs will be made at
DEVELOPER cost.
None of the work or services cm'ered by this Agrcement, including but not limited to
consultant work or scrviees, shall be subcontracted by thc DEVELOPER or reimbursed
by the COUNTY without prior written approval of the III-IS or his designee.
Big Cypress Housing Corporation
2007-HOME Construction/Fire Sprinklers
CHDO Set-Aside Agreement
Page Rof26
Agenda Item ~Jo. 16029
October 23,2007
Page 11 of 29
D. AMENDMENTS
The COUNTY may, at its discretion, amend this Agrecment to conform to changcs
required by Fcderal, State, County, or HUD guidelines, directives, and objectives. Such
amendments shall be incorporatcd by written amendment as a part of this A!,'Teement
and shall be subject to approval of the COUNTY. Except as othcrwise provided herein,
no amendment to this Agreement shall be binding on either party unless in writing,
approved by the COUNTY and signed by each Party's authorized representatives.
E. INDEMNIFICATION
The DEVELOPER shall protect, defend, reimburse, indemnify and hold the COUNTY,
its agents, its employees and elected officcrs harmless from and against any and all
claims, liability, expense, loss, cost, damages or causes of action of evcry kind or
character, including attomey's fees and costs, whether at trial or appellate Icvc1s or
otherwise, arising during the pcrfOlmance of the telms of this Ah'feement, or due to the
acts or omissions of the DEVELOPER.
DEVELOPER's aforesaid indemnity and hold hannless obligation, or portion or
applications thereof, shall apply to the fullest cxtcnt pennitted by law. The
DEVELOPER will hold the COUNTY haml1ess and will indemnify the COUNTY for
funds, which the COUNTY is obligated to refund the Fcdcral Government arising out of
the conduct of activities and administration of DEVELOPER.
F. GRANTEE RECOGNlTlON
All facilities purchascd or constructed pursuant to this Ah'reement shall bc clearly
idcntificd as to funding sourcc. Thc DEVELOPER will include a reference to the
financial support hcrein provided by HHS in all publications and publicity. In addition,
the DEVELOPER will makc a good faith eff(ni to recognize HHS' support for all
activitics made possible with funds madc availablc under this Agreement. The
DEVELOPER will mOllI1t a temporary construction sign for projects funded by HHS.
This design conccpt is intended to disscminate key information regarding the
dcvc10pmcnt tcam as wcll as Equal Housing OppOliunity to the gencral public. This
signs construction utilizes a minimum convcntional 4'X 8" plywood back panel and
othcr convcntional construction materials and methods.
G. SUSPENSION & TERMINATION
In accordancc with 24 CFR 85.43, suspension or tennination may occur if the
DEVELOPER materially fails to comply with any tcnn ofthc award, and that thc award
may be temlinated for convenience in accordancc with 24 CFR 85.44. In event of
termination for any of the following rcasons, all finished or unfinished documents, data
studics, surveys, drawings, maps, modcls, photographs, rcports prepared, and capital
cquipment secured by the DEVELOPER with funds undcr this Agreement shall be
retumed to HHS or the COUNTY. In the event oftemlination, the DEVELOPER shall
not be reIicved of liability to thc COUNTY for damagcs sustained by the COUNTY by
virtue of any breach of thc Contract by the DEVELOPER, and the COUNTY may
withhold any payment to the DEVELOPER for set-off purposcs until such timc as thc
exact amount of damagcs due to the COUNTY from the DEVELOPER is dctcnnincd
whether by court of competcnt jurisdiction or othelwisc. Such tcnnination shall not
cffect or terminate any ofthc rights of the COUNTY as against the DEVELOPER then
existing, or which may thereaj\er accruc because of such default, and thc foregoing
provision shall be in addition to all other rights and rcmedies available to the COUNTY
under the law and the note and mortgage (if in effect), including but not limitcd to
Big Cypress Housing Corporation
2007.HOME Construction/Fire Sprinklers
CHOO Set-Aside Agreement
Page 9 of 26
!-\ge,:c:a item i~o. 150 9
'J~;tc~)er 23. 20 7
Page 12 of 9
compelling the DEVELOPER to complete the project in accordance with the tenns of
this Agrccment, in a couli of equity. The waiver of breach of any tClm, covenant or
condition hereof shall not operate as a waivcr of any subsequent breach of the same or
any othcr term, covenant, or condition hereof.
1. TERMINATION FOR CAUSE
If through any cause either party shall fail to fulfill in timely and proper manner its
obligations undcr this Agreement, or if either party shall violate any of the covenants,
agrcements, or stipulations of this Agreement, citller party shall thereupon have the
right to terminate this Agreement in whole or part by giving written notice of such
termination to the other patiy and specifying therein the effective date oftelmination.
2. TERMINATION FOR CONVENlE:"-JCE
The COUNTY may telminate for its convenicnce this contract at any time by giving at
least thirty (30) days notice in writing to the DEVELOPER. If the contract is
temlinated by the COUNTY, as provided herein, the County will reimburse for any
actual and approved cxpenses incuned, including thosc costs involved in tcnninating
the contracts and shutting down the work as of the date of notice, and the
DEVELOPER will be paid as a FEE an amount which bears the same ratio to the total
compensation as the services actually perfonned bear to the total service of the
DEVELOPER covered by this contract, less payments of compensation previously
made. Claims and disputes between the Parties will be submitted to thc American
Arbitration Association for resolution. Award or juds"nent may bc cntcrcd in any couli
having jurisdiction thercof.
3. TERMINATION DUE TO CESSATION
In thc event thc grant to the COUNTY under Title I of the Housing and Community
Development Act of 1974 (as amended) is suspended or tenninated, this Agreement
shall be suspended or tcrminated effective on the date that HUD spccities.
H. INSURANCE
TlIc DEVELOPER agrces this coverage shall be provided on a primary basis.
1. COMMERCjAL (iE'o'ERALLlABlL1TY
The DEVELOPER shall agree to maintain Commercial General Liability at a limit of
liability not less than S I 00,000 per person and $200,000 pcr accident/occurrence per
Florida Statutes !i 768.28 and $2,000,000 per accident t'Jr federal and outside Florida
litigation pcr Florida Statutcs ~ 768.28. Covcmge shall not contain any endorsement
excluding Contractual Liability or Cross Liability unless granted by the County's Risk
Management Department. The DEVELOPER agrees this coverage shall be provided on
a primary basis.
~ BUSINESS AUTOMOBILE LIABILITY
The DEVELOPER shall agrce to maintain Busincss Automobile Liability at a limit of
liability not less than $1 OO,O()O per person and $200,000 per accident/occUlTence per
Florida Statutes !i 768.28 and $2,000,000 per accident for federal and outside Florida
litigation per Florida Statutes !i 768.28 for all owned, non-owned and hircd
automobiles. The DEVELOPER shall agree to maintain physical damage coverage for
a period not less than 10 years with deductibles not exceeding S 1000 tor
Big Cyprcs.s Housing Coq1oralioll
2007-HOME Construction./Fire Sprinklers
CI-IDO Set-Aside .Agreement
Page 10 of 26
Agenda Item No. 16029
October 23,2007
Page 13 of 29
Comprehensive and Collision. Collicr County Board of County Commissioners shall be
endorsed to the policy as a Loss Payee. The DEVELOPER shall agree to be fully
responsible for any deductibles, self-insured rctention or uncovered losses. The
DEVELOPER agrees this covcrage shall be provided on a primary basis.
3. ADDITIONAL INSURED
The DEVELOPER shall agree to endorse the COUNTY as an Additional Insured with a
CG 2026 Additional Insured - Designated Person or Organization endorsement, or its
cquivalent, to the Commercial Gcncral Liability. The Additional Insured endorsemcnt
shall rcad "Collier Countv Board of Countv Commissioners. a Political Subdivision of
the State of Florida. its Officers. Emplovees. and Agents. c/o Housing and Human
Services Department". The DEVELOPER shall a[,'l"ee the Additional Insured
endorsements provide coverage on a pl;mary basis.
4. CERTIFICATE OF INSURANCE
The DEVELOPER shall agree to deliver to the COUNTY a certificate(s) of insurance
cvidencing the required insurance is in full force and effect within thirty (30) calendar
days prior to the execution of this Agreement by the COUNTY. A minimum thirty (30)
day endeavor to notify due to cancellation or non-renewal of coverage shall be included
on the certificate(s).
5. RIGHT TO REVIEW AND ADJUST
The DEVELOPER agrees that the COUNTY, by and through its Purchasing or Risk
Managemcnt Department, in coopcration with HHS Department, reserves the right to
periodically review, modify, reject or accept any required policies of insurance,
including limits, coverage's, or cndorscmcnts, hcrcin from time to timc throughout the
Iifc of this A[,'l"eement. The COUNTY reserves the right, but not the obligation, to
review and reject any insurcr providing coverage bccause of its poor financial condition
or failure to operate legally.
I. INDEPENDENT AGENT AND, EMPLOYEES
The DEVELOPER agrccs that, in all matters relating to this Agrccment, it will be acting
as an independent agent and that its cmployees are not Collicr County employees and
are not subjcct to the COUNTY provisions of the law applicable to County employees
relative to employmcnt, hours of work, rates of compensation, lcave, unemployment
compensation and employee bencfits.
VlIl. ADMINISTRATIVE REQUIREMENTS
A. FINANCIAL MANAGEMENT
The DEVELOPER agrccs to comply with OMB Circular A -110 (Uniform
Administrative Rcquirements for Grants and A[,~'eements with Institutions of Higher
Education, Hospitals and other Non-Profit Organizations) and agrees to adherc to the
accounting principles and procedurcs rcquired therein, utilize adequate intemal controls,
and maintain necessary source documentation jor all costs incutTcd.
B. DOCUMENTATION AND RECORD - KEEPING
Big Cypress Housing Corporation
2007-IIOME Construction/Fire Sprinklers
CHDO Set-Aside Agreement
Page II of26
~,;:Jenda item hJo. 15029
Octo!Jer 23. 2007
Page 14 of 29
I. The DEVELOPER shall maintain all rccords requircd by the HOME Federal
Regulations for a period of five ycars (5) ycars after expiration of this
Agreement.
2. All repolis, plans, surveys, infonnation, documents, maps, and other data
procedures dcvcloped, prepared, assembled, or completed by the DEVELOPER
for the purpose of this Agreement shall be made available to the COUNTY by
the DEVELOPER at any time upon rcquest by the COUNTY or HHS. Upon
completion of all work contemplated under this A!,'Teement copies of all
documents and rccords relating to this A!,'Tecmcnt shall be surrcndered to HHS if
requested.
3. The DEVELOPER shall submit repOlts as required to assist the COUNTY in the
preparation of HUD Labor Rclations, WBE/MBE, Equal Opportunity
Employment, and HUD Section 3 repOlis, pursuant to 24 CFR 570.502,507, and
92 (3)(vi).
4. DEVELOPER shall submit monthly bcncticiary reports to Housing & Human
Services using Exhibit "C".
5. The DEVELOPER shall maintain records showing compliance with tile Davis-
Bacon Law, including filcs containing contractor payrolls, employee interviews,
Davis-Bacon wage ratcs, and administrative cross-refcrencing. DEVELOPER
sllall maintain rccords showing contractor compliancc with the Contract Work
Hours and Work Safcty Law. Similarly, the DEVELOPER shall maintain
rccords showing compliance with federal purchasing rcquircmcnts and with
other federal rcquircmcnts for grant implemcntation.
C. PURCHASING
All purchasing tor services and goods, including capital cquipmcnt, shall bc madc by
purchase ordcr or by a written contract and in confc1r111ity with the procedurcs
prcscribed by the Fcdcral Managemcnt Circulars A- I 10, A-I22, 24 CFR Patt S4, and 24
CFR Part S5, which are incOlvoratcd hcrcin by rcfcrence. The DEVELOPER shall
establish procurcmcnt procedures to ensure that materials and scrvices are obtained in a
cost-ctfcctivc manncr. \Vhcn procuring j()[' serviccs to bc providcd under this
agrcemcnt, the DEVELOPER shall comply at a minimum with thc nonprofit
procurcment standards at 24 CFR S4AO - AS.
In addition, the j(\llowing requirements arc imposed on any procurement undcr this
PROJECT:
Comply with Collier County Purchasing Ordinancc # S7-25, amended by Resolution
#97-435, as may be amcnded, which will bc providcd to the DEVELOPER.
]n addition, any DEVELOPER that can be considcred to be a religious organization
shall abidc by all pOliions of 24 CFR 92.257.
D. REPORTS, AUDlTS,A'\D EVALUAT[CJN~
Reimbursement will be contingent on the timely receipt of complcte and accurate
rcports rcquired by this Agreemcnt, and on the resolution of monitoring or audit
findings identified pursuant to this Agreement.
Big Cypress Housing Curporation
2007-HOt\'lE Construction/Fire Sprinklers
CHDO Set-Aside Agreement
Page 12of26
Agenda Item No. 16029
October 23, 2007
Page 15 of 29
E. ADDITIONAL HOUSING & HUMAN SERVICES, COUNTY, AND HUD
REOUIREMENTS
HHS shall have the right under this Agreement to suspend or terminate reimbursement
until the DEVELOPER complies with any additional conditions that may be imposed
by HHS, the COUNTY, or HUD at any time.
F. AUDITS AND INSPECTIONS
At any timc during nornlal business hours and as often as HHS, thc COUNTY, HUD, or
the Comptroller General of the United States may deem necessary, there shall be made
available by the DEVELOPER to HHS, the COUNTY, HUD, or the Comptroller
General for examination all its records with respect to all matters covered by this
Agreement.
The DEVELOPER agrecs to comply with the provisions of the Singlc Audit Act of
1984, as amended, as it pertains to this Agreement and any subcontracts entered into
under this Agreement. This will rcquirc the DEVELOPER to submit a single audit,
including any management letter, made in accordance with the general program
requirements of OMB Circulars A-110 (Unifonn Administrative Requirement for
Federal Grants), A-I22 (Cost Principles for Non-Profit Organizations), A-133 (Audits
of State, Local Governments, and Non-Profit Organizations), and other applicable
regulations within one hundred and eighty (180) days aftcr the end of any fiscal year
covcred by this agreemcnt in whicb Fcderal funds from all sources are expended. Said
audit shall be made by a Certified Public Accountant of the DEVELOPER choosing.
The DEVELOPER shall providc such audit to elHS. In the cvcnt the DEVELOPER
anticipates a delay in producing such audit or audited financial statements, tbe
DEVELOPER shall requcst an cxtension in advance of the dcadline. The cost of said
audit shall he borne by the DEVELOPER. In the event thc DEVELOPER is exempt
from having an audit conducted undcr A-133 (Audits of Statc, Local Governments, and
Non-Profit Organizations), the COUNTY reserves the right to rcquirc submission of
auditcd financial statcmcnts and/or to conduct a "limited scope audit" of the
DEVELOPER as defined ill A-133. The COUNTY will bc responsible for providing
tcchnicaI assistance to the DEVELOPER, as deemed necessary by thc COUNTY.
G. PROGRAM-GENERATED INCOME
All incomc earn cd by thc DEVELOPER fhltn activities financed in wholc or in part by
funds provided hereunder must bc rcportcd to HHS. Such income would include, but
not be limited to, income from service fees, sale of commodities, and rental or usage
fccs. The DEVELOPER shall rcpo11 its plan to utilize slIch income to HHS, and said
plan shall require the prior written approval of the HHS Department or designee.
Accounting and disbursement of such income shall comply with OMB Circular A-II 0
(Uniform Administrative Requirement for Federal Grants) and other applicable
regulations incorporatcd hcrein by refcrence.
In addition to the foregoing, Pw!,'ram Income, as defined by 24 CFR 92.503 for HOME
funds may be retained by the Agency. Program Income shall be utilized to unde11ake
activities specified in "Exhibit A" of this Agrecment, and all provisions of this
Agreement shall apply to stat cd activities. Any Program Income on hand at or received
by the DEVELOPER or its sub-contractors after thc expiration of this A!,'rcement shall
be returned to the COUNTY no later than thi11y (30) days after such expiration, subject
to any DEVELOPER requcsts to utilize uncommitted funds.
Big Cypress Housing Corporation
2007-HOME Constmction/Fire Sprinklers
CHDO Set-Aside Agreement
Page 13 of26
:lem 1'0. 16D29
Octcb9r 23 2007
Pa'd8 ! 6 of 29
l. GRANT CLOSEOUT PROCEDURES
DEVELOPER obligation to the COUNTY shall not end until all closcout requirements
are completed. Activitics during this closeout period shall include, but not limited to;
making final payments, disposing of prof,'1'am assets (including the return of all unused
materials, equipmcnt, unspent cash advances, prof,'1'am income balances, and receivable
accounts to the COUNTY), and detennining the custodianship ofreeords.
IX. OTHER PROGRAM REOUIREMENTS
A. OPPORTUNITIES FOR RESIDE"iTS AND CIVIL RIGHTS COMPLIANCE
The DEVELOPER af,'1'ees that no person shall on the ground of race, color, disability,
national origin, rcligion, age, familial status, or sex be excluded from the benefits of, or
be subjected to, discrimination under any activity can-ied out by the perfolmance of this
Agreement. Upon receipt of evidcncc of such discrimination, the COUNTY shall have
the right to tenninate this Agreement.
To the f,'1'catcst cxtent feasible, lower-income residents of the project areas shall be
given oPPOltunitics for training and employment; and to the greatest fcasible extent
eligible business concerns locatcd in or owned in substantial patt by persons rcsiding in
the project arcas shall be awarded contracts in connection with the project. The
DEVELOPER shall comply with the Section 3 Clause of thc Housing and Community
Development Act of 1968.
B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS
ENTERPRISES
In the procurement of supplies, equipment, construction, or scrviccs to implement this
Agreemcnt, the DEVELOPER shallmakc a positivc effort to utilize small busincss and
minority/women-owned husiness enteq1rises of supplies and services, and provide these
sources the maximum fcasible opportunity to eompetc fix contracts to be perfonned
pursuant to this Agreement. To thc maximum extcnt fcasible these small business and
minority'womcn- owned business enterprises shall hc located in or owned hy residents
of thc CDBG areas desi~nated bv Collier Countv in the Annual Consolidated Plan
approved by HUD. c. -
C. PROGRAM BEJ\EFICIARIES
At least filly-one percent (51 o.j,) of the beneficiaries of a project ti.ll1dcd through this
Agreement must be very low, low- income persons. If the project is located in an
entitlement city, as dcfincd by HUD, or scrves benefieiarics countywide, morc than
thirty percent (30%) of the beneficiaries dircctly assisted through the use of funds under
this Agrccment must reside in unincOlvorated Collier County or in municipalities
pattieipating in the County's Urban County Qualification Program. The project funded
under this Agrecmcnt shall assist beneficiaries as defined above for the time period
designated in Exhibit A of this Agrecment. Thc DEVELOPER shall provide written
verification of compliance to HHS upon HHS' request.
D. EVALUATION AND MONITORING
Thc DEVELOPFR agrees that HHS will carry out periodic monitoring and evaluation
activities as detennined necessary hy HHS or thc COUNTY and that the continuation of
Big Cypress Housing Corporution
~007-HOME Construction/Fire Sprinklers
CTIDO Set-Aside Agreement
Page 14 of26
Agenda Item No. 16D29
October 23, 2007
Page 17 of 29
this Agreement is dependent upon satisfactory evaluation conclusions based on the
tcrms of this Agreemcnt, comparisons of planned versus actual prof,'fess relating to
project scheduling, budgets, audit reports, and output measurcs. The DEVELOPER
agrees to furnish upon rcquest to HHS, the COUNTY or the COUNTY's designees and
make copies or transcriptions of such records and information, as is determined
neccssary by HHS or the COUNTY. The DEVELOPER shall, upon the request of HHS,
submit infOlwation and status rcports required by HHS, the COUNTY or HUD on
fOlWS approved by HHS to enable HHS to evaluate said progrcss and to allow for
completion ofrepOlis requircd ofHHS by HUD. The DEVELOPER shall allow HHS or
HUD to monitor the DEVELOPER on site. Such site visits may be scheduled or
unscheduled as detetwined by HHS or HUD.
E. CONFLICT OF INTEREST
The DEVELOPER covenants that no person who presently exercises any functions or
responsibilities in connection with the Project, has any personal financial interest, direct
or indirect, in the target areas or any parcels therein, which would conflict in any
manncr or degree with the perfom1ancc of this Agrecment and that no person having
any conflict of interest shall be employed by or subcontracted by thc DEVELOPER.
Any possible conflict of intercst on the pati of the DEVELOPER or its employees shall
be disclosed in writing to HHS provided, however, that this paragraph shall be
interpreted in such a manncr so as not to unreasonably impede the statutory requirement
that maximum opportunity be provided for employment of and participation of low and
moderate-income residents ofthe project target area.
F. PUBLIC ENTITY CRIMES
As providcd in F.S. 287.133 by entering into this Agrecmcnt or pcrfonning any work in
furtherance hereof, the DEVELOPER cCliifies that it, its affiliatcs, supplicrs,
subcontractors and consultants wllo will perform hereunder, havc not been placed on
the convicted vcnclor list maintained by the State of Florida Dcpartmcnt of Management
Scrviccs within thc 36 months immediatcly prcccding thc date hereof. This notice is
rcquired by F.S. 287.133 (3)(a).
G. DRUG-FREE WORKPLACE REQUIREMENTS
The DEVELOPER, as a condition of being awardcd, must ccrtify that they will providc
drug-fi"ee workplaces in accorclancc with the Drug-Free Workplace Act of 1988 (42
U.S.C. 701) and with HUD's rules at 24 CFR Pati 24, subpmi F.
H. CERTIFICATION REGARDING LOBBYING
The undcrsigncd ccrtifics, to the best of his or hcr knowlcdge and belief, that:
I. No Federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attcmpting to influence an
officer or employee of any agency, a Memhcr of Conl,'fess, an officcr or
employee of Conf,'fess, or an cmployee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, tile
making of any Federal loan, the cntering into of any cooperative agreement, and
thc extension, continuation, renewal, amcndment, or modification of any Fcderal
contract, [,'fant, loan, or coopcrative agreement.
Big Cypress Housing Corporation
2007-HOME Construction/Fire Sprinklers
CHDO Set-Aside Agreement
Pagc 15 of26
AC18n~la !fem ~-~o. 16029
~ Octobe:r 23. 2007
Page '18 of 29
2. If any junds othcr than Fedcral 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
Congrcss, or an employee of a Mcmbcr of Coni,'Tess in connection with this
Federal contract, grant, loan, or cooperative agrecmcnt, the undersigned shall
complete and submit Standard Fonn-LLL, "Disclosure Fonn to Report
Lobbying", in accordance with its instructions.
3. The undersigned shall require that the language of this certification bc included
in the award documents for all sub awards at all ticrs (including subcontracts,
subi,'Tants, and contracts under grants, loans, and eoopcrative Agreemcnts) and
that all DEVELOPERS shall certify and disclose accordingly.
X. ENVIROJ\MENT AL CONDITIONS
A. AIR AND WATER
The DEVELOPER, as DEVELOPER, agrccs to comply with the following
requirements insofar as thcy apply to the perfollnance of the Contract:
I. Clean Air Act, 41 U.S.C., 7401, ct scq.
2. Fcdcral Watcr Pollution Control Act, as amended, 33 C.S.C. 1251, et seq., as
amended, 13 I 8 relating to inspection, monitoring, cntry, rcpOlis, and
information, as well as other requiremcnts specified in said Section 114 and
Section 308 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended.
B. FLOOD DISASTER PROTECTION
In accordancc with the requirements of the Flood Disaster Protection Act of 1973 (42
LSC 4001), the DEVELOPER shall assurc that j(lr activitics located in an arc a
identified by FErvlA as having special f100d hazards, flood insurance under the :--iationa!
Flood Insurance Program is obtained and maintained as a condition of financial
assistance Jill' acquisition or construction purposes (including rehabilitation). ]1'
appropriate, a lettcr of map amcndmcnt (LaMA) may be obtained fi'om FEMA, which
would satisfy this requirement anelior reduce the cost of said flood insurance.
C. LEAD-BASED PAINT
The DEVELOPER agrces that any construction or rehabilitation ofrcsidcntial structures
with assistance provided undcr this contract shall be subject to HUD Lead-Based Paint
Regulations at 24 CFR 570.608, 24 CFR Pat1 25 and 24 CFR pati 92.355. Such
regulations pertain to all HUD-assistcd housing and require that all owners, prospcctivc
owncrs, and tenants of properties constructcd prior to 1978 be properly notified that
such propcliics may include lead-based paint. Such notification shall point out the
hazards of lead-based paint and explain the symptoms, treatment and precautions that
should bc taken whcn dcaling with lead-based paint poisoning and the advisability and
availability of blood lead level screening for children under scvcn. The notice should
also point out that if lead-hased paint is found on the propc11y, abatemcnt mcasures
might be undertakcn.
Big Cypress Housing Corporation
2007-HO\-1E Construction/Fire Sprinklers
CHDO Set-/\side Agreement
Page 10 ,[ 26
Agenda Item No. 16029
October 23, 2007
Page 19 of 29
D. HISTORIC PRESERVATION
The DEVELOPER agrees to comply with the Historic Preservation rcquirements set
forth in the National Historic Prcservation Act of 1966, as amended (16 U.S.C. 470) and
the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation
Procedurcs for Protection of Historical Propcrties, insofar as they apply to the
performance of the Contract. In gencral, concurrence from the State Historic
Preservation Officer is requircd for all rehabilitation and dcmolition of historic
propertics that are fifty years old or older or that are included, on a Federal, state, or
local historic property list.
XI. SEVERABILITY OF PROVISIONS
If any provision of this Ai,'Teement is held invalid, the remainder of this Agrecment shall not be
affectcd thereby if such remainder would tllen continue to conform to the terms and
rcquirements of applicable law.
XII. REVERSION OF ASSETS
Upon cxpiration of the Agreement, the DEVELOPER shall transfer to the COUNTY any
HOME funds on hand at the time of expiration, any accounts receivablc attributablc to thc usc
of HOME funds, and any non-expendable personal propcrty that was purchased with HOME
funds. Any real propeliy undcr DEVELOPER control that was acquired or improved in wllole
or in pati with HOME funds in exccss of Twenty-five Thousand Dollars ($25,000) will be
covcrcd by the rcgulations 24 CFR Part 570.503(B)(8).
XIII. CONDITIONS FOlt.KEIJQlOUS ORGANIZATIONS
HOME funds may not be used f{]r religious activitics or provided to primarily rcligious
organizations. 24 CFR 570.200(j) specifies the limitations on HOME funds, and is hcrcin
inC0l1JOrated by reference. [n addition, any DEVELOPER that can bc considered to be a
religious organization shall abide by all portions of24 CFR 92.257.
XIV. COUNTERPARTS OF THE AGREEMENT
This ^i,'Teemcnt, consisting of twcnty-six (26) enumerated pages, which include the exhibits
referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to
be an original, and such counterparts will constitute one and the same instrument.
Big Cypre;.;s Housing Corporation
2007-HOME Construction/Fire Sprinklers
CHDO Set-Aside Agreement
Page 17 of26
AGen::a Item f'Jo. 16029
~ October 23. 2007
Page 20 of 29
XV. ENTIRE UNDERSTANDING
This Agreement and its provisions merge any prior agreements, if any. between the parties
hereto and constitutes the entire understanding. Tbe parties hereby acknowledge that there have
been and are no representations, warranties, covenants, or undertakings other than those
expressly set forth herein.
WITNESS our Hands and Seals on this ~day of I) ~ _
.20 07
BY:
G CORPORATION
(DEVELOPER SEAL)
(Optional)
K,P
ENT
A TIEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Patricia Morgan, Deputy Clerk
BY:
JAMES COLETTA, CHAIRMAN
Big Cypress Housing Corporation
2007~HOME ConstructionlFire Sprinklers
CHDO Set-Aside Agreement
Page 18 of 26
Agenda Item No. 16029
October 23. 2007
Page 21 of 29
EXHIBIT" A"
SCOPE OF SERVICES
HOME &
CHDO SET ASIDE
BIG CYPRESS HOUSING CORPORATION
HOUSING CONSTRUCTION/FIRE SPRINKLERS 55-UNTS
THE DEVELOPER AGREES TO:
A. PROJECT DESCRIPTION:
The Big Cypress Housing Corporation will undertake the development and construction of
fifty-five (55) pennanent rental housing units. Fifty-one (51) are multi-family (Phase I), four
(4) are singlc'family (Phase 2) for qualifying low income legal migrant and seasonal
farmworkers, on approximately 20 acres in unincorporated Immokalce, Florida.
B. PROJECT SCOPE:
The Big Cyprcss Housing Corporation will construct fifty-five (55) permancnt rcntal housing
units of which four (4) are singlc-family and fifty-one (51) are multi-family to qualifying low
income legal migrant and seasonal fannworkers, on approximately 20 acres. This HOME
funding is for Phase I or Phase 2. Funding will be utilized and cxpcndcd for construction
and/or the installation of fire sprinklers. Funding in the amount of ONE HUNDRED FORTY
SIX THOUSAND, NINE HUNDRED NINETY SEVEN DOLLARS ($146, 997) will be
allocatcd from regular HOME funding and ONE HUNDRED THREE THOUSAND, AND
THREE DOLLARS ($103,003) will bc allocated jrom HOME CHDO Set-Asidc funding.
The units are HOME fixcd units. The proiect must contain at least 20% of the units (eleven-
II). occupicd bv familics at or below 50% of MFI and rents established at Low HOME Rent
Lcvel. Additionally. thiliv-ei~lIt (38) units must bc occupied bv houscholds at or below 60%
\1FI and rents establishcd at High or Low HOME Rent Levels. Thc remainin~ baIancc. six (6)
units. must bc occupicd by households at or bclow 80% MFI and rt'nts establishcd at Hidl or
Low HOME Rent Levels.
The DEVELOPER will be responsible for the following:
The DEVELOPER shall submit to Housing & Human Services a ccrtification that all
households mcct income qualification and legal residency requirements prior to full occupancy
and on an annual basis. Thc unticipated annual household income of the pmiicipant shall be
verified and not exceed the income limits as mandated by the U.S. Depatiment of Housing and
Urban Devclopment (HUD). The annual income certification is due July 1st cach ycar for the
ncxt twcnty (20) ycars following contract completion.
The DEVELOPER will provide a specific working budget and realistic timetable as relates to
all HOME and non-HOME funds and shall be submittcd within thirty (30) days of the
agreement approval. If documents are not received, reljuests for payments cannot be processcd.
Big Cypress Housing Corporation
2007-HOME Construction/Fire Sprinklers
CHDO Sel-Aside Agreemenl
Page 19 of26
,t,genda item t-Jo. 160 9
October 23. 20 7
Page 22 of 9
Thc crcation and maintenanec of income eligible files on clicnts served and documentation that
all households are eligible under Hl'D Income Guidelincs. A lettcr stating that all residents of
The Rcservc at Eden Gardens meet the HUD household/income eligibility criteria must be
submitted prior to the start of construction of this project. Submission of documcntution of
Leverage/Match Funds listed under Budget in Section C prior to submittal of jirst Request for
Payment form.
Posting of visible signuge at the work site identifying the funding source(s) as mentioned in
section VII part F. This is negotiable if tile Big Cypress Housing Corporation fccIs that
identification of site impedes improvements or occupancy.
NOTE I: The DEVELOPER shall submit its bid package, proposed bid system and
drawings/specifications to HHS and obtain a letter of approval prior to bidding the constnrction
work. The final number of units to be constructed must be reporied to the HHS staff as soon as
the detcrmination is made if it differs from the fifty five (55) listcd in scope of services above.
NOTE 2: The DEVELOPER shall prioritize the work in the Project, and shall bid such work in
a manner that would allow thc receipt of itcmized costs from bidders, which would then allow
thc award of items that can be funded by the budget.
NOTE 3: The DEVELOPER shall not award the construction contract j(lr the Project until
sufficient funding is available to completc thc cstablishcd scope of work. The DEVELOPER
shall obtain HHS's approval prior to awarding thc construction contract to be funded through
this af,'Tecmcnt. Aftcr awarding such contract the DEVELOPER shall obtain HHS's approval
prior to executing any changc ordcrs to such contract.
NOTE 4: The DEVELOPER shall not request advanccment fi-om HHS for materials or
equipmcnt received and stored on the project site or elsewhere. The DEVELOPER shall only
request advancement for materials and equipment that havc been installed.
The DE\'ELOPER further agrees that HHS, in consultation with any partics HHS deems
necessary, shall be the final arbiter on the DEVELOPER's compliance with the above.
C.
Sources of Funds
FHFC LOAN
FHLB
COLLIER
COLLIER
Total
TOTAL DEVELOPMENT CQ,SI: HOME & HOME CHDO Set Aside - Big Cypress
Housing COll)()ratio!1
PHASE II THE RESERVE AT EDEN GARDENS
Amount Type $
300,000 OEMO
250,000 AHP
250,000 HOME
192 000 COSG
992,000
$
$
$
$
$
Uses of Funds
CHDO-Set Aside
HOME
Other Sources
Total
Construction
3/4 BR Single Family 14)
Infrastructure
Other Construction
PermitsFmpact Fees
103,003
146,997 164,626 $ 414,626.00
209,660 $ 209,660,00
$
58.267 $ 58.267.00
Page 20 of 26
Big Cypress Housing Corporation
2007-HOME Construction/Fire Sprinklers
CHDO Set-Aside Agreement
Agenda Item No. 16029
October 23, 2007
Page 23 of 29
Contingency 24971 $ 24 97100
Subtotal Construction 103,003 146.997 457,524 $ 707.524.00
Financial
Fees & Closing Costs 5,000 $ 5,000.00
Interest During Con 30,000 $ 30.000.00
Subtotai Financial 35,000 35,000
General Development Costs
Accounting Fees 12,000 $ 12,000.00
Appraisal 3,250 $ 3,250.00
Architect Fees 36.000 $ 36,000.00
Builders Risk Insurance 6.322 $ 6,322.00
Construction Cost Analysis 1.250 $ 1.250.00
Engineering Fees & Platting 44,640 $ 44.640.00
Environmental Fees. 1,940 $ 1.940.00
Inspection Fees 5,000 $ 5,000.00
Insurance 4,000 $ 4,000.00
Legal and Closing Costs 21,225 $ 21,225.00
Market Study 2,900 $ 2,900.00
Marketing! Advertising $
Soil Test Report 1,200 $ 1.20000
Survey 1,800 $ 1.800.00
Utility Connections 6,020 $ 6.020.00
Taxes During Construction 4,500 $ 4,500.00
Contingency 4.279 $ 4,279.00
Subtotal Development Budget 156,326 $ 156,326.00
Deveioper's Fees (Earned) 53,150 $ 53,150.00
Land/ROWs 40,000 $ 40.000.00
Total Development Budget $ 103,003.00 $ 146,997.00 $ 742,000.00 $ 992,000.00
Any indirect costs charged must be consistent with the conditions of this Agreement. If indircct costs
are charged, the DEVELOPER, as DEVELOPER, will develop an indirect cost allocation plan for
determining the appropriate DEVELOPER's share of administrative costs and shall submit sucll plan
to HHS, on behalf of the COUNTY, as the Grantee, for HHS's approval, in a fonn specified by HHS.
In addition, HHS may rcquire a more detailed budget brcakdown than the one contained herein, and
the DEVELOPER shall provide such supplementary budget information in a timcly fashion in thc fonn
and content prescribed by HHS. Any amcndments to this budget must be approved in wliting by HHS
and the DEVELOPER.
D. STAFFING: Provide list of staff directly responsible t()r repOliing and request for payment
proccssmg.
E. DA VrS-BACON ACT: The SUBRECIPIENT shall rcqucst the Count v to obtain a Davis-
Bacon wage decision for the proiect prior to advertising the construction work. The
Big Cypress Housing Corporation
2007-HOME Construction/Fire Sprinklers
C!lDO Set-Aside Agreement
Page 21 of26
)l,g~nda item ~Jo. 16D29
OctJher 23. 2007
Page 24 of 29
SUBRECIPIENT shall incorporatc a copv of the Davis-Bacon wage decision and disclose tile
requiremcnts ofthc Davis-Bacon Act in its construction bid soljcitation ~nd sub-contract(s1
F. BONDING REQUIREMENTS: The DEVELOPER shall comply with the requirements of
OMB Circular A-II0 (Unifonn Administrative Requirement for Fedcral Grants) and 24 CFR
Part 84 in rcgard to any bid guarantees, pcrfom1ancc bonds, and paymcnt bonds.
G. CONSTRUCTION PAYMENT RET AINAGE: Thc DEVELOPER shall apply a retainagc of at
least 5% on all construction draws which retainages shall be released in conjunction with the
final draw upon satisfactory completion of the Project. The DEVELOPER agrees not to release
such retainages until it has obtained approval from the COUNTY that the contractor and
subcontractors lIave complied with thc requirements of the Davis-Bacon Act.
H. FORMER PROJECTS: Failure to adequately maintain any fonner HOME funded project may
result in the delay of processing reimbursement requests for ongoing activities or in the
forfeiture offuture HOME funds.
I. WORK SCHEDULE: The time frame for completion of the outlined activities shall be:
Milestone Deadline
Submit for County building pCl11lits 07/30/06
Execute construction contract 04/30/07
Obtain SDP & SFWMD approvals Completed
Obtain County building pernlits 06/30/07
Close construction/permanent tinancing sources 10/30/07
Start construction 11114/07
Construction of 55 units complete 10/30/08
I Leasc Up Complete 12/30/08
~""_._.__._-.._~.._~~--,--- ~--'---- -.--- ---~-
Please note that i(any o(these activities exceed the timelines hy two months a revised work
sehedule must he suhmitted to HHS.
J. COMPE'iSA nON: Thc County shall pay the DEVELOPER for thc performance of this
Agrcemcnt upon completion or partial completion of the work tasks as accepted and approved
by HHS pursuant to the submittal of monthly progress reports as identified in Section I.
Paymcnts shall bc made to the DEVELOPER when requested as work progresses, but not morc
frequently than once per month. Adherence to the work schcdule identified [n Scction H will
be required, unless mod[fied in writing by the parties. Payment will be made upon receipt of a
proper invoice and in compliance with Section 218.70, Fin. Stats., otherwise known as the
"Florida Prompt Payment Act".
K. REPORTS: The DEVELOPER shall submit detailed monthly progre;;s reports to HHS
oUli1l1ing the status of specific activities under the project. Each repoli must account for the
total activity fClr which the DEVELOPER is paid with HOME funds, in part or in whole, and
which is reqUlrcd in Ji.llfillment of their obligations regarding the Project. The progrcss reports
shall he submitted on the je)[Jn Exhibit "C". The progress repOlis shall be used as an additional
basis for HHS's approval of invoices, etc. for payment.
L. OL'TCOME PERFORMANCE MEASUREMENTS:
'OBJECTIYP,---- OUTCOtvlES- --- r,\CTIVln'- n____ -------
INDICA TORS
DECENT HOUSING Aftllrdability through the Construction of nev,! Number of new
creation of fifty-five (55) rcntal housing units. affordable rental
i rental housin~!1its. housing units built (55).
Big Cypress Housing Corporation
2007-HOl'vIE COllstnlctionTirc Sprinklers
CI-IDO Set-Aside Agreement
Page 22 of 26
Agenda Item No. 16029
October 23, 2007
Page 25 of 29
EXHIBIT "8"
COLLIER COUNTY HOUSING AND HUMAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name: BiQ Cypress HousinQ Corporation
Subrecipient Address: 19308 SW 380'h Street. Post Office Box 343529. Florida Citv, FL 33034
Project Name: The Reserve at Eden Gardens CHDO Set Aside for Fiftv-Five Rental Units
Project No:
HM07-
Payment Request #
Dollar Amount Requested: $
SECTION II: STATUS OF FUNDS
I. Grant Amount Awarded
$
250,000
2. Sum of Past Claims Paid on this Account
$
3. Total Grant Amount Awarded Less Sum
Of Past Claims Paid Oll this Account
4. Amount of PIT\ ious Unpaid Requests
$
$
5. Amount ofTod. \.'s Request
$
6.
Current Gran
Sum of all rCI
If applicable:
by the County
Jancc (fnitial Grant ,L\mount A\vardecl Less
ts)
$
7.
unt held as retainage to date
not retained by the sub-recipient
$
I certify that this req
Agreement between t:
Payment is not ll1 exec.
, for payment has heen drawn in ~lccordance with the terms and conditions of the
('oulIty and us as the Sub-recipient. I also certify that the amount of the Request for
.; of current needs.
Signature
Date
Title
Authorizing Grant C:oordinalor___
Supervisor
Dept Director.
(approval authoritv under $14,999)
(approval required $[5,000 and ahove)
Big Cypress Housing Corporation
2007-HOME Construction/Fire Sprinklers
CHDO Set-Aside Agreement
Page 23 of 26
!\.genrla item Ho. 16029
October 23.2007
Page 26 of 29
"ATTACHMENT A"
BIG CYPRESS HOUSING CORPORA nON
(2007 HOME CHDO SET ASIDE)
THE RESERVE AT EDEN GARDENS
HOME MONTHLY PROGRESS REPORT
Complete form for past month alld submit to Housing & Ilumall Sen'iees staff by tlte 10''' of the followillg
month.
Status Report for Month of
Submittal Date:
Project Name
Reserve at Eden Gardens for fifty-five rental units
Project !\umber
HM07-
^ctivity Number
DEVELOPER:
Bie: CVl1rCSS Housing COll1nration
Contact Person
Steye Kirk. President
Telephone:
305-141-1 \42
Fax:
305-2 42-2143
E-mail: .
~.i..ch.g(,.':Jif0JYi!j)(JQ_.l~() In
I. Activity Status/Milestones (describe any action taken, relating to this project, during the past
month):
2. \Vhat events/actions are scheduled for the next two months'?
J. Describe any affirmative marketing you have implemented regarding this project. Please
list and attach any recent media coverage of your organization relating to this project.
4. List any additional data relevanf to the outcome measures listed on fhe application for
this project.
5. New leases executed this month (if applicable):
Big Cypress I-{ousing Corporation
2007-HOME Construction/Fire Sprinklers
CHDO Set-Aside Agreement
Page 24 of 26
Agenda Item No. 16029
October 23, 2007
Page 27 of 29
Name of Applicant
Security Deposit
Utility Deposit
6. For projects that serve a particular clientele, please complcte the following information
by enterIng the appropriate number in the blank spaces and in the chart below.
Complete the below chart for NEW clients served this month. DO NOT DUPLICATE
clients served in previous months. You may provide data by either households or persons
served. However, if one person received TWO services this counts as TWO SERVICE
UNITS:
TOTAL BENEFICIARIES
This project bcncfits
"houscholds" or "persons").
households or persons. Please circle one category (either
Enter the number ofbcn~ficiaries in the blank space and in box" I. "
INCOME
Of the houscholds or persons assisted, are extremely low-income income (0-30%) of the
currcnt Median Family Income (MFI). Enter this number in box "2. "
Of the households or pcrsons assistcd, are very low-income (3 I -50%) of the current
Median Family Income (MFI). Enter this /llimber in box "3. "
Ofthcse households or persons assisted, are low-income (51-80';!o) of the CU1Tent Median
Family Income (MFI). Enter this number in box "4. "
NOTE: The total of boxes 2.3 and 4 should equal the Ilumber ill box 1.
FEMALE HEAD OF HOUSEHOLD
This project assisted
number in box "5" below.
Fcmale Hcad of Households REGARDLESS of income. Enter this
BOX I BOX2 BOX) BOX 4 BOX5
Total Number of Extremr.;ly VCIY Low Income Female Hl''-Id of
flouscholtls or Persons Low lm:lllllc Low lm:oll1l;: (:,I-XO%) Household
Assisted
(O-3()'X,) 01-50%)
I , I
I I
Big Cypress Housing Corporation
2007-HOME Construction/Fire Sprinklers
CHDO Set-Aside Agreement
Pagc 25 of 26
ll,qenda :tern No. 160 9
October 23, 20 7
Page 28 of 9
DEVELOPER must indicate total beneficiaries (or Race AND Ethnicitv
Definitions of Race:
1. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa.
2. Black or African-American: A person having origins in any of the black racial groups of Africa.
3. Asian: A pcrson having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian
subcontinent including, for cxample, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the
Philippine Islands, Thailand, and Vietnam.
4. American indian or Alaska \Jative: A person having OJigins in any of the original peoples of North and
South America (including Central America), and who maintains tribal affiliation or community attachment.
5. Native Hawaiian or Other Pacific [slender: A person having origins in any of the original people of Hawaii,
Guam, Samoa, O[ other Pacific Islands.
Definitions of Ethnicity:
I. Hispanic or Latino: A person of Cuban, Mexican. Puel10 Rican, South or Central American, or othcr
Spanish culture or origin, regardless of race.
Tahulation Tahle of Race and Ethnicitv BCllcfici:u'ies
Race # Total IJ.
Hisnanic
White
Black or Aflican Amcrican
.- -
Asian -=t
A~mcrican Indian or Alaskan Native --
~- I
Native Hawaiian or Other Pacific [slander
~
--__._-1
i-~
I Amcrican Indian/Alaska l'\ativc and While
~sian and White I
1J31aek:African American and Whitc u _~
'~~i~-~l;-J;,dian/'\l;~kan Nativc;~;;tBG~k,-.\ti'ican Amcrican
~t_ 'I1Lllti-Ra:al
I TOTAL: L___
Big Cypress I-lousing COIT'oratio!1
2007-HOME Construction/Fire Sprinklers
CI-lDO Set-Aside Agreement
Page _ II' 26
Page I ot I
Agenda Ilem No. 16029
Octot,er 23, 2007
Page 29 of 29
COLLmR COUNTY
BOAHD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
1 GlWJ
li:eCOITHnelldaliol1 that lhe IJoard of County Cornlllissioners approves, and 8ulhorizes its
Ctlilinnarl to sign, a Horne Investment Partnership prograrn (HOME) Subrecipienl Agreement
with Dig Cypress 1^lousillg Corporation pl'Oviding for il grant in the total amount of
$250,000,00 for tile construction and/or installation of fire sprinklers for a 55-unit, multi-family
rental housing complex (The Reserve at Eden Gardens) for legal Illig rant and seasonal farm
wcnker:; in Imrnok31ee
Meeting Date:
1U/::3/20019,l!O:O{J AM
Prepared By
Rosa Muoz
Grants Mnnagenwllt Coordinator
Date
Community Devolopm€nt &
Environmental Services
Financial AljmilL & Housing
10/5/20075:54:12 PM
App.'o\'cd B)'
Marcy ttrurnbinc
Director
Date
Public Services
Housil19 & Human Services
10/8/20072:16 PM
^Ilprm!cd By
Jeff Klatzkf)w
AS5istal1t COllnty AtlorrH'Y
Date
County Attorney
County AUorm~y Ufflep
1019/2007.4:57 PM
Apllrovcd B)'
Marla Ramsey
Public SelviGf!5 Adlllinistralor
Date
Public Services
Public SPrllices Admin
10/1112007 9:27 AM
^IJpro\'ed B)'
OMS Coontinalor
Apptic;rHo!ls Allillys!
Dale
Administrrtlive Sf>rvices
llllnl'lllillion 1 er:;I\llol~'rn'
10/111200710:07 AM
^IIIJrovcd B)'
Sllerry Pryor
f\%naW'lllcnt & [Jullq,!1 /-\n;rlyst
Date
County Manager's Office
Ollie(' of lIJl;ln;U1HnWf1f (;, nlld{wt
10/11/200712:30 PM
Appru\'cd n)
Mich8el Slllykowski
Miln<lyelllellt &. Bud9Cl lJirector
[.rate
County MalliH!l:r's Office
Office of Mallil(]flnrpnt [:. BlIll~Jet
1U/12/2007 9:06 AM
Apllro\'Cd By
James V. MlId{j
COUllty Marl.JgN
Date
Board of County
Curnmissinners
COllllty Manager's Office
10/14/200711:37 AM
Agenda Item No. 16030
October 23, 2007
Page 1 of 21
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves, and authorizes its
Chairman to sign, a Subrecipient Agreement providing for a $442,000 State Housing
Initiative Program (SHIP) loan to Eden Gardens Apartments, Limited Partnership, A
Florida Limited Partnership to assist in funding the construction of a 55 unit, multi-family
rental housing complex for legal migrant and seasonal farmworkcrs in Immokalee.
OBJECTIVE: To provide safe, decent and affordable rental housing to benefit low-income
legal residents in Immokalee through the utilization of a wide variety of federal and state
resources. This SHIP loan for $442,000 will be utilized for the construction of fifty-five (55)
multi-family rental housing units.
CONSIDERATIONS: The Collier County Housing & Human Services Depmtment proposes
to provide a zero interest loan for $442,000 from SHIP funds to Eden Gardens Apartments,
Limited Partnership. The request for a $442,000 SHIP loan will allow for new rental housing
construction to benefit legal migrant and scasonal farm workers in Immokalcc. This strategy is
listed within the Local Housing Assistance Plan (LHAP) that was approved by the BCC on April
12,2007.
FISCAL IMPACT: Approval of this contract will provide a zero interest loan in the amount of
$442,000 to Eden Gardens Apartments, Limited Partnership, for construction of fifty-five (55)
multi-family rental housing units. No general funds are being utilized in this SHIP project.
GROWTH MANAGEMENT IMPACT: The provision of aflordable, farm worker rental
housing is consistent with the Grov.1h Management Plan.
LEGAL CONSIDERATIONS: The proposed Agrcement is a standard SHIP form agreement
which has been reviewed by the Office of the County Attorney and approved lor legal
sufficiency. JAK.
RECOMMENDATION: That the Board approves, and authorizes its Chairman to sign, a
Subrecipient Agreement providing for a $442,000 zero interest loan to Eden Gardens
Apartments, Limited Partnership, using the State Housing Initiative Program (SHIP) funds.
Prepared by: Rosa Munoz, Grants Management Coordinator
Housing and Human Services Depmtment
Agenda Item No. 16030
October 23, 2007
Page 2 of 21
AGREEMENT BETWEEN COLLIER COUNTY
AND
EDEN GARDENS APARTMENTS LIMITED PARTNERSHIP
SHIP NEW CONSTRUCTION LOAN
THE RESERVE AT EDEN GARDENS
CSFA #52.901
This SHIP Land Acquisition with New Construction Loan Agreement entered into this day of
, 20_, by and between Collier County, a political subdivision of the State of Florida,
hereinafter referred to as "COUNTY," and Eden Garden Apaltments Limited Partnership, a Florida Limited
Partnership, having its principal office at 19308 SW 380th Street, P.O. Box 343529, Florida City, FL 33034,
and its Federal Tax Identification number as 20-0874820, hereinafter refen'ed to as "DEVELOPER."
WHEREAS, the COUNTY is a participant in the State Housing Initiatives Partnership (SHIP) Program; and
WHEREAS, Pursuant to the SHIP Pro!,'ram, the COUNTY is undeltaking certain activities to primarily
benefit housing for low and very low income persons and neighborhoods; and
WHEREAS, through Resolution No. 2006-269 the Board of County Commissioners adopted a revision to the
three year LHAP adding new definitions and new strategies outlining the intended use of SHIP funds for fiscal
years 2007-2008, 2008-2009, and 2009-2010; and
WHEREAS, the Local Housing Assistance Plan (LHAP) Fiscal Year 2007-2008 was adopted on April 24,
2007 in Collier County Resolution Number 2007-96; and
WHEREAS, the COUNTY and the DEVELOPER desire to provide the activities specified in Exhibit "A" of
this Agreement, in accord with the approved Local Housing Assistance Plan (LHAP); and
WHEREAS, the COUNTY desires to engage the DEVELOPER to implement such undeltakings of the State
Housing Initiatives Partnership (SHIP) Program as a valid and wOlthwhile County purposes.
SHIP Eden Gardens
Apartments Limited Pattnership
Phase I - New Construction
Page I of 19
Agenda Item ~Jo. 16030
October 23. 2007
Page 3 of 21
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed
by the Parties as follows:
I. DEFINITIONS
(I) "COUNTY" means Collier County, and where applicable, its authorized rcpresentative(s).
(2) "SHIP" means the State Housing Initiativcs Partnership Program of Collier County.
(3) "HHS" means the Housing and Human Services Depariment of Collier County.
(4) "DEVELOPER" means the Eden Gardens Apartments, Limited Pminership
(5) "HHS's Approval" mcans the written approval of the Housing & Human Services or designee.
(6) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a
person authorized to act on its behalf.
(7) "Low and vcry low income persons" means the definition sct by HUD.
(8) "Project" means the work contemplated to be performed as set forth in Exhibit "A".
II. SCOPE OF SERVICES
The DEVELOPER shall, in a satisfactory and propcr manner, as detemlined by DEVELOPER, perform the
tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for
advancement and/or reimbursement of funds using Exhibit "8" along with the monthly and annual submission
of Exhibit "C," all of which are attached hereto and made a part hereof.
III. TIME OF PERFORMANCE
The effective date shall be the datc of execution of this Agrecment, and the services of the DEVELOPER shall
be undertaken and completed in light of the purposes of this Agreement.
IV. CONSIDERATION AND LIMITATION OF COSTS
The DEVELOPER shall be paid by the COUNTY for allowable costs, detennined by COUNTY, in an amount
not to exceed FOUR HUNDRED FORTY TWO THOUSAND AND OO/DOLLARS $442.000.00 for the
services described in Exhibit "A."
All improvemcnts specified in Exhibit "A" shall be performed by DEVELOPER, or shall be put out to
competitive bidding under a proccdure acceptable to the COUNTY and STATE requircments. The
DEVELOPER shall enter into contract for improvcments with the lowest responsive and responsible bidder.
Contract administration shall be handled by the DEVELOPER and monitored by the COUNTY, which shall
have access to all records and documcnts related to the project.
SHIP Eden Gardens
Apartments Limited Partnership
Phase I - New Construction
Page 2 of 19
Agenda Item No. 16030
October 23, 2007
Page 4 of 21
V. NOTICES
All notices required to be given under this Agreement shall he sufficient when delivered to COUNTY at its
office, presently located at 3050 North Horseshoe Drive, Suite 110, Naples, Florida 34104, and to the
DEVELOPER when delivered to its office at the address listed on page one (I) of this Agreement.
VI. SPECIAL CONDITIONS
The DEVELOPER ab'1'ees to comply with the requirements of the SHIP Prob'1'am as described in the Florida
State Statute 420.907 and Chapter 67.37 of the Florida Administration Code. The DEVELOPER further
agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise
available for specified activities.
VII. GENERAL CONDITIONS
A. IMPLEMENTATION OF PROJECT ACCORDING TO REOUIRED PROCEDURES
The DEVELOPER shall implement this Agrcement in accordance with applicable Federal,
State, and County laws, ordinances and codes and with the procedures outlined in HHS
Policies and Procedures memoranda. The Fedcral, State, and County laws, ordinanccs and
codes are minimal rcgulations supplemented by more restrictive guidelines set forth by HHS.
No payments will bc made until approved by HHS or designce.
Should a project receive additional funding after the commencement of this Ab'1'eement, the
DEVELOPER shall notify HHS in writing within thirty (30) days of receiving notification
from the funding source and submit a cost allocation plan for approval by HHS or designee
within forty-five (45) days of said official notification.
B. SUBCONTRACTS
Any work or services subcontracted by the DEVELOPER shall be specifically by written
contract or agrccment, and such subcontracts shall be subject to each provision of this
Agreement and applicable County, State, and Federal b'Uidelines and regulations. Prior to
execution by the DEVELOPER of any subcontract hereunder, such subcontracts must be
suhmitted by the DEVELOPER to HHS for its review and approval, which will specifically
include a determination of compliance with the tenns of the attached Work Program set forth
in Exhibit "A."
None of the work or services covered by this Agreement, including but not limited to
consultant work or services, shall be suhcontracted by the DEVELOPER or reimbursed by the
COUNTY without prior written approval of HHS or designee.
C. AMENDMENTS
The COUNTY may, at its discretion, amend this Agreement to conform to changcs required by
Federal, State, County, or SHIP guidelines, directives, and objectives. Such amendments shall
be incorporated by written amendment as a patt of this Agreement and shall be subject to
approval of the COUNTY. Exccpt as otherwise provided herein, no amendment to this
Agreement shall be binding on cither party unless in writing, approved by the COUNTY and
SHIP Eden Gardens
Apaltments Limited Partnership
Phase 1- New Construction
Page 3 of 19
Agenda Item No. 16030
October 23. 2007
Page 5 of 21
signed by each Party's authorized representatives.
This Agreement supersedes and replaces the Continuum of Care Agrecment between the
parties dated July 26, 2005, which Agreement is now null and void.
D. INDEMNIFlCA TION
The DEVELOPER shall protect, dcfend, reimhurse, indemnify and hold the COUNTY, its
agents, its employees and elected officers harmless from and against any and all claims,
liability, expensc, loss, cost, damages or causcs of action of every kind or character, including
attomey's fees and costs, whether at trial or appellate levels or otherwise, arising out of the
performance of the tenns of this Agreement, or due to the acts or omissions of the
DEVELOPER.
DEVELOPER's aforesaid indemnity and hold hannless obligation, or pOltion or applications
thercof, shall apply to the fullest extent pernlitted by law. The DEVELOPER will hold the
COUNTY hannless and will indemnify the COUNTY for funds, which the COUNTY is
obligated to refund the Fedcral Govemment arising out of the conduct of activities and
administration of DEVELOPER.
E. GRANTEE RECOGNITION
All facilities purchased or constmcted pursuant to this A6'reement shall be clearly identificd as
to funding sourcc. The DEVELOPER will include a reference to the financial support hercin
providcd by HHS in all publications and publicity. In addition, the DEVELOPER will make a
good faith effort to recognizc HHS' support for all activities made possible with funds made
available under this Agreement. The SUBRECIPfENT will mount a temporary constmction
sign for projects funded by HHS. This design conccpt is intcndcd to disscminatc kcy
infol11lation regarding the dcvclopmcnt team as well as Equal Housing Opportunity to the
general public. This signs constmction utilizes a minimum conventional 4 'X 8" plywood back
panel and other conventional constmction materials and methods.
F. TERMlNA nON
In event of termination for any of the following reasons, all finish cd or unfinished documents,
data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital
equipment securcd by the DEVELOPER with funds under this Agreement shall be retul1led to
HHS or the COUNTY. In the event of tcnnination, the DEVELOPER shall not be relieved of
liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the
Contract by thc DEVELOPER, and the COUNTY may withhold any payment to the
DEVELOPER for set-off purposes until sucll time as tile exact amount of damagcs clue to the
COUNTY from the DEVELOPER is detel11linecl.
1. TERMINATION FOR CAUSE
If through any cause either patty shall fail to fulfill in timely and proper manner its obligations
undcr this Agreemcnt, or if either party shall violate any of the covcnants, ab'Teements, or
stipulations of this Agreemcnt, either party shall thereupon have the right to terminate this
Agrecment in whole or part by giving writtcn notice of such termination to the other party and
specifying therein the effective date of tennination.
2. TERMINA TION FOR CONVENIENCE
SHIP Eden Gardens
Apartments Limited Partnership
Phasc I - New Construction
Page 4 of 19
Agenda Item No. 16030
October 23, 2007
Page 6 of 21
At any time during the teTI11 of this Agreement, either party may, at its option and for any
reason, terminate this Ai,,'Teement upon ten (10) working days written notice to the other party.
Upon termination, the COUNTY shall pay the DEVELOPER for services rendered pursuant to
this Agrcement through and including the date ofteTI11ination.
G. INSURANCE
The DEVELOPER agrees this coverage shall be provided on a primary basis.
1. COMMERCIAL GENERAL LIABILITY
The DEVELOPER shall agree to maintain Commercial General Liability at a limit of liability
not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes {l
768.28 and $2,000,000 per accident for fcderal and outside Florida litigation per Florida
Statutes {l 768.28. Coverage shall not contain any endorsement excluding Contractual Liability
or Cross Liability unless b>ranted by the County's Risk Management Department. The
DEVELOPER agrecs this coverage shall be provided on a primary basis.
2. ADDITIONAL INSURED
The DEVELOPER shall agree to endorse the COUNTY as an Additional Insured with a CG
2026 Additional Insurcd - Designated Person or Organization endorsement, or its equivalent, to
the Commercial General Liability. The Additional Insurcd cndorscmcnt shall read "Collier
Countv Board of Countv Commissioners. a Political Subdivision of the State of Florida. its
Officers. Emplovees. and Agents, c/o Housing and Human Services Department". The
DEVELOPER shall ab'rce the Additional Insured endorsements provide coverage on a primary
basis.
3. CERTIFICATE OF INSURANCE
The DEVELOPER shall agree to deliver to the COUNTY a certificate(s) of insurance
evidencing thc required insurance is in full force and cffect within thirty (30) calendar days
prior to the execution of this Ab>reement by the COUNTY. A minimum thirty (30) day
endeavor to notify due to cancellation or non-renewal of covcrage shall be included on the
certificate( s).
4. RIGHT TO REVIEW AND ADJUST
The DEVELOPER agrees that the COUNTY, by and through its Purchasing or Risk
Management Depal1ment, in cooperation with Housing & Human Services, reserves the right
to periodically rcview, modify, rcjcct or acccpt any required policies of insurance, including
limits, coverage's, or endorsements, herein from time to timc throughout the life of this
Agrcement. The COUNTY rcserves the right, but not the obligation, to review and reject any
insurer providing coveragc because of its poor financial condition or failure to operate legally.
H. INDEPENDENT AGENT AND EMPLOYEES
The DEVELOPER agrees that, in all matters relating to this Ab>reement, it will be acting as an
independent agent and that its employees are not Collier County employccs and are not subject
to the COUNTY provisions of the law applicable to County employecs relative to employment,
hours of work, rates of compensation, leave, uncmployment compensation and employee
benefits.
SHIP Eden Gardens
Apartments Limited Partnership
Phase I - New Construction
Pagc 5 of 19
Agenda Item No. 16030
October 23,2007
Page 7 of 21
VIII. ADMINISTRATIVE REOUIREMENTS
A. FINANCIAL MANAGEMENT
The DEVELOPER agrees to comply with OMB Circular A-II 0 (Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and
other Non-Profit Organizations) and awees to adhere to the accounting principles and
procedures required therein, utilize adequate intcrnal controls, and maintain necessary source
documentation for all costs incurred.
B. DOCUMENTATION AND RECORD - KEEPING
]. The DEVELOPER shall maintain all records required by the SHIP Rei,'lllations.
2. All reports, plans, surveys, infonnation, documents, maps, and other data procedures
developed, prcpared, assemblcd, or completcd by thc DEVELOPER for the purpose of
this Agreement shall be made available to the COUNTY by the DEVELOPER at any
time upon request by the COUNTY or HHS. Upon completion of all work contemplated
undcr this Ai,,,'cement copies of all documcnts and rccords relating to this Agrecment
shall be sUlTendered to HHS ifrcquested. In any evcnt the DEVELOPER shall keep all
documents and records for thrce (3) years after expiration of this Agreement.
3. DEVELOPER shall submit monthly reports while work is underway and annual
beneficiary reports by July 30th, to HHS using Exllibit "C".
4. The DEVELOPER shall maintain records showing compliance with the Davis-Bacon
Law, including tilcs containing contractor payrolls, cmployee intervicws, Davis-Bacon
wagc ratcs, and administrative cross-referencing. DEVELOPER shall maintain records
showing contractor compliance witll tile Contract Work Hours and Work Safety Law.
Similarly, the DEVELOPER shall maintain records showing compliance with federal
purchasing requirements and with other federal requircments for i,,,'ant implementation.
C. PURCHASING
All purcllasing for serviccs and goods, including capital equipment. sllall be made by purchase
order or by a written contract and in confonnity with thc procedurcs prescribed by the Federal
Management Circulars A-IlO, A-I22, 24 eFR Part ~4, and 24 CFR Pmi ~5, which are
incorporated hcrein by rcfercnce.
D. REPORTS, AUDITS, AND EV ALUA TIONS
Rcimburscmcnt will bc contingcnt on the timely receipt of complctc and accurate repolis
required by this Ai,'1'eement, and on the resolution of monitoring or audit findings identified
pursuant to this Ai,'1'cement.
E. ADDITIONAL HHS, COUNTY, AND STATE REOUIREMENTS
HHS shall have the right under this Ai,'1'ecment to suspend or tel111inate advanced paymcnt and
reimbursemcnt until the DEVELOPER complies with any additional conditions that may be
imposed by HHS or the COUNTY at any time.
SHIP Eden Gardens
Apartments Limited Partnership
Phase I - New Construction
Page 6 of 19
Agenda Item No. 16030
October 23,2007
Page 8 of 21
F. AUDITS AND INSPECTIONS AND MONITORING
At any time during normal business hours and as often as HHS, the COUNTY, or the State of
Florida may deem necessary, there shall be made available by thc DEVELOPER to HHS, the
COUNTY, or the State of Florida for cxamination all its records with respect to all matters
covered by this Agreemcnt.
The DEVELOPER agrees to comply with the provisions of the Single Audit Act of 1984, as
amended, as it pertains to this A6'Teement and any subcontracts entered into under this
Agreement. This will require the DEVELOPER to submit a single audit, including any
management letter, made in accordance with the gcneral pro6'ram requirements of OMB
Circulars A-11O (Uniform Administrative Requirement for Fcdcral Grants), A-122 (Cost
Principles for Non-Profit Organizations), A-133 (Audits of State, Local Govemments, and
Non-Profit Organizations), and other applicable regulations within one hundred and eighty
(180) days after the end of any fiscal year covered by this agrcement in which SHIP funds
expended. Said audit shall be made by a CCliified Public Accountant of the DEVELOPER's
choosing. The DEVELOPER shall provide such audit to HHS. In the event the DEVELOPER
anticipates a dclay in producing such audit or audited financial statemcnts, the DEVELOPER
shall request an extension in advance of thc dcadl ine. Thc cost of said audit shall be bome by
the DEVELOPER. In the event the DEVELOPER is exempt from having an audit conducted
under A-133 (Audits of State, Local Governmcnts, and Non-Profit Organizations), the
COUNTY reserves the right to require submission of audited financial statemcnts and/or to
conduct a "limited scope audit" of the DEVELOPER as defined in A-133. The COUNTY will
be responsible for providing technical assistance to the DEVELOPER, as deemed nccessary by
the COUNTY.
The Collier County Housing and Human Services Depatimcnt is responsible for monitoring
sub-grantees to provide reasonable assurance that they expend grant awards in compliance with
State and contractual requircments, For the SHIP program, rental units constructcd,
rehabilitated or othcrwise assisted with SHIP funds must be monitored at least alU1Ually for
twcnty (20) ycars or thc telm of the assistance, whicllevcr is longer, for compliance with tcnant
income and affordability requirements. Tenant income will be monitorcd on an annual basis,
the same day each ycar, and retumed to the Collier County Housing and Human Services
Depatiment on the anniversary of tllc execution of the Oliginal recorded mortgage.
G. GRANT CLOSEOUT PROCEDURES
DEVELOPER obligation to thc COUNTY shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but not limited to; making final
payments, disposing of program assets (including the retum of all unused materials, equipment,
unspent cash advances, program income balances, and receivable accounts to the COUNTY),
and detennining the custodianship of records.
IX. OTHER PROGRAM REOUIREMENTS
A. PROGRAM BENEFICIARIES
One Hundred percent (100%) of the beneficiaries of the project funded through this Agreement
must be low- and vcry low- income persons. The project funded undcr this Agreement shall
SHIP Eden Gardens
Apartments Limited Partnership
Phase I - New Construction
Page 7 of 19
/"genda Item No. 16030
October 23. 2007
Page 9 of 21
assist beneficiaries and remain affordable as defined above for a time period of twenty years, or
the tenn of the assistancc, whichever is longer, as designated in Exhibit A of this Agreement.
The DEVELOPER shall provide written verification of compliance to HHS, on an annual basis,
upon HHS' s request.
B. EVALUATION AND MONITORING
The DEVELOPER agrees that HHS will can'y out periodic monitoring and evaluation activities
as determined necessary by HHS or the COUNTY and that the continuation of this Agreement
is dependent upon satisfactory evaluation conclusions based on the tenns of this Agreemcnt,
comparisons of planned versus actual progress relating to projcct scheduling, budgets, audit
rcports, and output measurcs. The DEVELOPER agrees to furnish upon request to HHS, the
COUNTY or the COUNTY's designees and make copies or transcriptions of such rccords and
information, as is dctermined necessary by HHS or the COUNTY. The DEVELOPER shall,
upon the rcquest of HHS, submit information and status reports required by HHS, the
COUNTY or HUD on fonns approved by HHS to enable HHS to evaluate said progress and to
allow for completion ofrepOlts required ofHHS by SHIP. The DEVELOPER shall allow HHS
to monitor thc DEVELOPER on site. Such site visits may bc scheduled or unscheduled as
detennined by HHS or Florida Housing Finance Corporation.
C. CONFLICT OF INTEREST
The DEVELOPER covenants that no person who presently exercises any functions or
responsibilitics in connection with the Project, has any pcrsonal financial interest, direct or
indirect, in the target areas or any parcels therein, which would conflict in any manner or
degrce with the pCrf0l111anCe of this Agreement and that no person having any eont1ict of
interest shall be employed by or subcontract cd by thc DEVELOPER. Any possible conniet of
interest on the part of the DEVELOPER or its employees shall bc disclosed in writing to HHS
provided, howevcr, tllat this paragraph shall be interpreted in such a manncr so as not to
unreasonably impedc the statutory requirement that maximum opportunity be provided for
employment of and pattieipation of low and very low-income residents of the project target
area.
D. PUBLIC ENTITY CRIMES
As providcd in F.S. 287.133 by entering into this Agreement or performing any work in
furtherance hereof, the DEVELOPER certifies that it, its affiliates, suppliers, subcontractors
and consultants who will perf 01111 hereunder, have not been placed on thc convicted vendor list
maintained by tile State of Florida Department of Management Serviccs within the 36 months
immediately prcccding the date hercof. This notice is rcquired by F.S. 287.133 (3)(a).
E. DRUG-FREE WORKPLACE REOUIREMENTS
The DEVELOPER, as a condition of being awarded, must certify that they will provide drug-
free workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701) and
with HUD's rules at 24 CFR Pati 24, subpart F.
F. CERTIFICATION REGARDfNG LOBBYING
The undersigned certifies, to the best of his or hcr knowledge and belief; that:
SHIP Eden Gardens
Apartments Limited Partnership
Phase I - New Construction
Page 8 of 19
Agenda Item No. 16030
October 23, 2007
Page 10 of 21
l. No SHIP/STATE appropriated funds have been paid or will be paid, by or on bchalf 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 Con6'Tess in connection with the awarding of any
SHIP/STATE contract, the making of any SHIP/STATE grant, the making of any
SHIP/STATE loan, the entering into of any cooperative agrecment, and the extension,
continuation, renewal, amendment, or modification of any SHIP/STATE contract, grant,
loan, or coopcrative agreement.
2. If any funds other than SHIP/ST ATE 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 employce of Congress, or an employee of
a Member of Congrcss in cOlmection with this SHIP/STATE contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,
"Disclosure Fonn to Rcport Lobbying", in accordance with its instructions.
3. The undersigned shaU require that the language of this certification be included in the
award documents for all sub awards at aU tiers (including subcontracts, sub6'Tants, and
contracts under grants, loans, and cooperative Agreements) and that aU DEVELOPERS
shall ccrtify and disclosc accordingly.
X. SEVERABILITY OF PROVISIONS
If any provision of this A6'Teement is held invalid, the remainder of this Agreement shaU not be
affected thereby if such rcmainder would then continue to conform to the telms and requirements of
applicable law.
Xl. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of nineteen (19) enumerated pages, which include the exhibits rcferenced
herein, shall be executed in two (2) counterpalis, cach of which shall be deemed to be an original, and
such counterparts will constitute one and the same instmment.
SHIP Eden Gardens
Apartments Limited Patinership
Phase I - Ncw Construction
Page 9 of 19
Agenda Item No. 16030
October 23, 2007
Page 11 of 21
XU. ENTIRE UNDERSTANDING
This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and
constitutes the entire understanding. The parties hereby acknowledge that there have been and are no
representations, warranties, covenants, or undertakings other than those expressly set forth herein.
WITNESS our Hands and Seals on this~ day of tdc;'G4-. ,20 II:
(SPONSOR SEAL)
NO"~
EDEN GARDENS APARTMENTS LINIITED
PARTNERSHIP
BY: GENERAL PARTNER
CORKSCREW SANCTUARY, LLC, A
FLORIDA LIMITED LIABILITY
CORPORATION
B~~
~NKIRK,~~
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Patricia Morgan, Deputy Clerk
BY:
JAMES COLETTA, CHAIRMAN
Appr
Ie
and
Jeffrey
Chief
kow
t County Attorney
SHIP Eden Gardens
Apartments Limited Partnership
Phase I - New Construction
Page 10 of 19
EXHIBIT "A"
Agenda Item No. 16030
October 23, 2007
Page 12 of 21
SCOPE OF SERVICES
EDEN GARDENS APARTMENTS. LIMITED PARTNERSHIP
NEW CONSTRUCTION AT RESERVE AT EDEN GARDENS. IN IMMOKALEE. FL
1. THE DEVELOPER AGREES TO:
A. PROJECT SCOPE:
SHIP funds will provide $442,000.00 (FOUR HUNDRED AND FORTY TWO THOUSAND
DOLLARS for the construction of fifty-one (51) rental units known as Eden Gardens Apartments
Limited Partnership in unincorporated Immokalee, Florida. This is Phase I of a total of fifty-five (55)
total units in Phase I and Phase 2.
These units are HOME fixed units. This applies to Phase 1 and/or Phase 2. The proicct must contain
at least 20% of the units (eleven-II), occupied bv families at or below 50% of MFI and rents
established at Low HOME Rent Level. Additionallv, thitiv-eight (38) units must be occupied bv
households at or below 60% MFl and rents established at High or Low HOME Rent Levels. The
remaining balance, six (6) units, must be occupied bv households at or below 80% MFl and rents
established at High or Low HOME Rent Levels.
The DEVELOPER agrees to complete the following:
a. Propetiy maintenance of the site until project affordability period completion
b. Posting of visible signage at the work site identifying the funding source as mentioned in
section Vll part E.
c. Submission of request for payment with supporting documentation for payment of services
d, Shall obtain a minimum of three bids for all construction work by licensed contractors and
provide HHS with a copy of contracts and any sub-contracts prior to commencement of
activity.
The DEVELOPER will provide a specific working budget and realistic timctable as relates to all SHIP and
non-SHIP funds and shall be submitted within thirty (30) days of the agreement approval.
B. TOTAL DEVELOPMENT COST:
PHASE 1 RESERVES AT EDEN GARDENS
HOMELESS HOUSING (51 UNITS)
Sources of Funds
USOA LOAN
L1HTC Equity
HUO RHEO
FHLB
COLLIER
COLLIER
COLLIER
SHIP Eden Gardens
Apartments Limited Partnership
Phase I - New Construction
Amount
$ 3,000,000
$ 2.790,193
$ 400,000
$ 400.000
$ 200,000
$ 224,000
$ 442.000
Page It of 19
Type $
Section 514
AHP
COBG
AHP
COBG
HOME
SHIP
Agenda Item No. 16030
October 23, 2007
Page 13 of21
Total $ 7,456,193
Uses of Funds SHIP Other Sources Total
Construction
2/3/4 BR MultiFamily (51) 397,800 3,336,070 $ 3.733.870.00
Infrastructure 854,141 $ 854,141.00
Other Construction $
Permits/Impact Fees 650,000 $ 650,000.00
Contingency 197.204 $ 197 204.00
Subtotal Construction 397,800 5,037,415 $ 5,435,215.00
Financial
Tax Credit, Other & Closing 133,868 $ 133.868.00
Interest During Con 32.848 $ 32.848.00
Subtotal Financial 166,716 $ 166,716.00
General Development Costs
Accounting Fees 15,000 $ 15.000.00
Appraisal 3,250 $ 3.250.00
Architect Fees 150,000 $ 150,000.00
Builders Risk Insurance 63,835 $ 63,835.00
Construction Cost Analysis 1,250 $ 1,250.00
Engineering Fees & Platting 225,000 $ 225,000.00
Env;ronmental Fees 2,500 $ 2.500.00
Inspection Fees 25,000 $ 25.000.00
Insurance 4,000 $ 4,000.00
Legal and Closing Costs 216,845 $ 216,845.00
Market Study 6,000 $ 6,000.00
Marketing/Advertising 1,000 $ 1,000.00
Soil Test Report 1,200 $ 1,200.00
Survey 5,000 $ 5,000.00
Utility Connections 15,000 $ 15.000.00
Taxes During Construction 9,000 $ 9.00000
Contingency and Reserves 100.000 $ 100.000.00
Subtotal Devalopment Budget 843,880 $ 843.880.00
Developer's Fees (Earned) 44.200 672,652 $ 716.852.00
Land/ROWs 293,530 $ 293,530.00
Total Development Budget $ 442,000.00 $ 7,014,193.00 $ 7,456,193.00
'Note: flex budget for line items is allowable by 10% without a budget amendment; however, budget cannot
exceed the total allocation of $442,000.
Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs
are charged, the DEVELOPER, as DEVELOPER, will develop an indirect cost allocation plan for
SHIP Eden Gardens
Apartments Limited Patinership
Phase I - New Construction
Page 12 of 19
Agenda Item No. 16030
October 23, 2007
Page 14 of 21
determining the appropriate DEVELOPER's share of administrative costs and shall submit such plan
to HHS, on behalf of the COUNTY, as the Grantee, for HHS's approval, in a form specified by HHS.
GRANTEE RECOGNITION
All facilities purchased or constructed pursuant to this Agreement shall be clcarly identified as to funding
source. The DEVELOPER will include a reference to the financial support herein provided by HHS in all
publications and publicity. In addition, the DEVELOPER will make a good faith effort to recognize HHS'
support for all activities made possible with funds made available under this At,'Tccment. The DEVELOPER
will mount a temporary construction sign at site for projects funded by HHS as mentioned in section VII part
E. This design concept is intended to disseminate key information regarding the development tcam as well as
Equal Housing Opp0l1unity to the gencral public. This signs construction utilizes a minimum conventional
4'X 8" plywood back panel and other conventional construction materials and methods. This is negotiable if
Eden Gardens Apa11ment, Limited Partnership feels that identification of site impedes construction or
occupancy.
NOTE I: The DEVELOPER shall submit its bid package and proposed bid system and
drawings/specifications to HHS and obtain a letter of approval prior to bidding the construction work.
NOTE 2: The DEVELOPER shall prioritize the work in the Project, and shall bid such work in a
manner that would allow the receipt of itemized costs from bidders, which would then allow the award
of items that can be tracked to the proper funding sources.
NOTE 3: The DEVELOPER shall not award the construction contract for the Project until sufficient
funding is available to complete thc established scope of work. All construction work shall be included
in one contract. The DEVELOPER shall obtain HHS' approval prior to awarding the construction
contract to be funded through this agreement.
NOTE 4: The DEVELOPER shall not request reimbursement from HHS for materials or equipment
received and stored on the project site or elsewhere. The DEVELOPER shall only request
reimbursement for activities listed.
Participant Selection:
1. The anticipated mmual household income of the pm1icipant shall be verified and not exceed the
income limits as mandated by the U.S. Depm1ment of Housing and Urban Development
(HUD).
2. The program requires tenant income certification to ensure that they are income-eligible and
the project is in compliance with initial occupancy requircments. Tenant Income MUST be re-
examined annually, and submitted to Housing & Human Services
3. The DEVELOPER shall submit its forms/documents for income eligibility determination to
HHS and obtain a letter of approval prior to transfcITing title to the property.
The SPONSOR further agrees that HHS, in consultation with any pm1ies HHS deems necessary, shall
be the final arbiter on the DEVELOPER's compliance with the above.
SHIP Eden Gardens
Apartments Limited Partnership
Phase I - New Construction
Page 13 of] 9
Agenda Item No. 16030
October 23,2007
Page 15 of 21
c.
SHIP BUDGET:
Line Item:
SHIP Funds
Procurement, new construction and CO of units
$397,800.00
$ 44,200.00
$442,000.00
DcveIoper's fee/Project Delivery
TOT AL SHIP FUNDS
TERMS OF LOAN
PrIor to the release of any funds, Eden Gardcns Apartments Limited Partnership will be required to
sign a standard form mortgage and a note, acceptable to the County.
The tenns and conditions of the SHIP loan af,'I"ecable to Eden Gardens Apartments Limited Partnership are as
follow:
Amount of Loan
Interest Rate
Telm
2nd Mortgage
$442,000
0%
20- Years
1 ,t Mortgage by U.S. Dcpartment of
Agriculture $3,000,000
Collateral
Y cars 0-6
Years 7-20
Phase I land as legally described
No Payment of principal or interest due
Fully-amortized
Use as construction and permanent financing. Paymcnt of $31,571.43
31 st of each year for fOUlteen (14) years.
DEVELOPER may request deferment ofthat pOltion of an annual payment for Y cars 7-20 set
out to the cxtcnt that making such payment in full would cause the PROJECT to result in
ncgative cash flow for that year. DEVELOPER shall provide signed financial statements
evidencing the PROJECT's income and expense rcpOlts for said period together with
payment ofthc ponion of the principal and interest paid.
due on December
D. ST AFFING: Provide list of staff and time commitments to be allocated to each activity specificd in A
(Project Scope) and B (Budget) above with cDntact information, if applicable.
E. ASBESTOS REQUIREMENTS: The DEVELOPER shall comply, and ensure its subcontractors'
compliancc, with all applicable rcquirements for construction work in connection with the Project
funclcd through this Agrcement.
F. DA VIS-BACON ACT: Not Applicable to SHIP funded portion of projcct, howcver, language will
remain. The DEVELOPER shall request the COUNTY obtain a Davis-Bacon wage decision for the
project Plior to advcltising the construction work. The DEVELOPER shall incorporate a copy of thc
Davis-Bacon wage decision and disclose the rcquirements of thc Davis-Bacon Act in its construction
bid solicitation and sub-contract(s).
SHIP Eden Gardens
Apartments Limited Partnership
Phase I - New Construction
Page 14 of 19
_ G.
H.
Agenda Item No. 16030
October 23, 2007
Page 16 of 21
BONDING REOUIREMENTS: The DEVELOPER shall comply with the requirements of OMB
Circular A-I02 (Uniform Administrative Requirement for Federal Grants to State and Local
Governments) and 24 CFR Part 85 in regard to any bid guarantees, performancc bonds, and payment
bonds.
l.
CONSTRUCTION PAYMENT RETAINAGE: The DEVELOPER shall apply a retainage of at least
5% on all construction draws which retainage shall be released in conjunction with the final draw upon
satisfactory completion of the Project. The DEVELOPER agrees not to release such retainage until it
has obtained approval from the County.
FORMER PROJECTS: Failure to adequately maintain any former CDBG/HOME/SHlP funded
projects may result in the delay of processing reimbursement requests for ongoing activities or in the
forfeiture of future CDBG/HOME/SHIP funds.
J.
WORK SCHEDULE: The time frame for completion of the outlined activities shall be:
Milestone Deadline
Submit for County building pelmits 07/30/06
Execute construction contract 04/30/07
Obtain SDP & SFWMD approvals Completed
Obtain County building permits 05/30/07
Close construction/pernlancnt financing sources 10/30/07
Stati construction 11/14/07
Construction of 55 units complete 10/30/08
Lease Up Complete 12/30/08
K.
Please 110te that if any of these activities exceed the timeline by two months a revised work schedule
must be submitted to the Housing and Human Services Department at which time the agreement
has to be amended and submitted to BCCfor approvaL
COMPENSATION: The County shall pay the DEVELOPER for the perfommnce of this A!,'Tccmcnt
upon complction or partial completion ofthc work tasks as acccptcd and approved by HHS pursuant to
the submittal of monthly pro!,'l'css reports as identi fied in Section 1. Paymcnts shall be made to the
DEVELOPER when requested as work progresses, but not more frequently than once per month.
Adherence to the work schedule identified in Scction H will be required, unless modified in writing by
the parties. Payment will be made upon receipt of a propcr invoice and in compliance with Section
218.70, Fla. Stats., othcrwise known as the "FIOlida Prompt Payment Act".
REPORTS: The DEVELOPER shall submit detailed monthly progress repOlis to HHS outlining the
status of specific activities under the project. Each report must account for the total activity for which
the DEVELOPER is reimbursed with SHIP funds, in part or in whole, and which is required in
fulfillment of their obligations regarding the Project. The progrcss reports should be mainly in the form
ofa nan'ative. The progress reports shall be used as an additional basis for HHS' approval of invoices,
etc. for reimbursement. The reports shall be submitted by the 10'h day of the month following the
reported month.
L.
SHIP Eden Gardens
Apartments Limited Partnership
Phase I - New Construction
Pagel50f19
Agenda Item No. 16D30
October 23, 2007
Page 17 0121
EXHIBIT "B"
COLLIER COUNTY HOUSING AND HUMAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
SPONSOR Name:
Eden Gardens Apartments, Limited Partnership
SPONSOR Address: 19308 SW 380'h Street Florida Citv, FL 33034
Project Name:
The Reserve at Eden Gardens
Project No: SHIP
Payment Request #
Dollar Amount Requested: $
SECTION II: STATUS OF FUNDS
I. Grant Amount Awarded
2. Sum of Past Claims Paid on this Account
$ 442,000
$
S
$
S
$
$
3. Total Loan Amount Awarded Less Sum
Of Past Claims Paid on this Account
4. Amount of Previous Unpaid Requests
5. Amount of Today's Request
6. Cun'ent Loan Balance (Initial Loan Amount Awarded
Less Sum of all rcquests)
7. If applicable amount held as rctainage to date
by thc County, if not retained by the DEVELOPER
I certify that this request for payment has bccn drawn in accordance with the telms and conditions of the
Agrecment between the County and us as tile DEVELOPER. I also certify that the amount of the Request for
Payment is not in excess of current needs.
Signature
Date
Title
Authorizing Grant Coordinator
Supervisor
Dept Director
(approval authority under $14,999)
(approval required $ I 5,000 and above)
SHfP Eden Gardens
Apartments Limited Partnership
Phase I - New Construction
Page 16 of [9
Agenda Item No. 16030
October 23, 2007
Page 18 of 21
EXHIBIT "e"
EDEN GARDENS APARTMENTS, LIMITED PARTNERSHIP
SHIP
THE RESERVE AT EDEN GARDENS MONTHLY PROGRESS REPORT
Complete form for past month and submit to Housing & Human Services staffby the I(l' of the following
month.
Status Report for Month of
Submittal Date:
Project Name
Reserve at Eden Gardens
Project Number SHIP
Activity Number
DEVELOPER:
Eden Gardens Apartments. Limited Partncrship
)
Contact Person
Steve Kirk. President
Telephone:
305-242-2142
Fax:
305-242-2143
E-mail:
kirknetCiUvahoo.com
1. Activity Status/Milestones (describe any action taken, relating to this project, during the past month):
2. What events/actions are scheduled for the next two months?
3. Describe any affirmative marketing you havc implemented regarding this project. Please list and
attach any recent media coverage of your organization relating to this project.
4. List any additional data relevant jo the outcome measures listed on the application for this project.
5. Identify any potential issues that may cause delay.
SHIP Eden Gardens
Apartments Limited Partnership
Phase 1- New Construction
Pagel70fl9
Agenda Item No. 16030
October 23, 2007
Page 190f21
6. New contracts executed this month (if applicable):
Name of Contractor or Amount of Contractor Race Ethnicity
Subcontractor, Addrcss & Phone Contract Federal ID (see definitions (see definitions
Number Number on following on following
page) page)
7. For projects that serve a particular clientele, please complcte the following infonnation by entering the
appropriate number in the blank spaces and in thc chart below. Complete the below chart for NEW clients
served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by
either households or persons served. However, if one person received TWO services this counts as TWO
SERVICE UNITS:
TOTAL BENEFICIARIES
This project benefits households or persons. Please circle one category (either "households" or
"persons"). Enter the number of beneficiaries in the blank space and in box "1."
INCOME
Of the households or persons assisted, are extremely low-income income (0-30%) ofthe currcnt
Median Family Income (MFl). Enter this number in box "2."
Of the households or pcrsons assisted, are very low-income (31-50%) of thc current Median
Family Income (MFI). Enler this number in box "3. .,
Of these households or persons assisted,
Income (MFI). Enter this number in box "4. ..
arc low-incomc (51-80%) of the CUITent Median Family
NOTE: The total of boxes 2,3 and 4 should equal the number in box 1.
FEMALE HEAD OF HOUSEHOLD
This project assisted Female Head of Households REGARDLESS of income. Fnter this number
in box "5" below.
BOX I BOX2 BOX3 BOX 4 BOX 5
Total Numher of Extremely VC1Y Lmv Income Female Head of
Households or Persons Low Income Low Income (51-~O~O) I lou:;chold
Assisted
(O~30%,j 01-50%)
i i
I I
SHIP Eden Gardens Page J 8 of 19
Apartments Limited Partnership
Phase I - New Construction
Agenda Item No. 16030
October 23, 2007
Page 20 of 21
Sponsors must indicate total beneficiaries for Race AND Ethnicitv
Definitions of Race:
I. White: A person having origins in any of the original peoples of Europe, thc Middle East, or North
Africa.
2. Black or African-American: A person having origins in any of the black racial groups of Africa.
3. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or
the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia,
Pakistan, the Philippine Islands, Thailand, and Vietnam.
4. American Indian or Alaska Native: A person having origins in any of the original peoples of North
and South America (including Central America), and who maintains tribal affiliation or community
attachment.
5. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of
Hawaii,. Guam, Samoa, or other Pacific Islands.
Definitions of Ethnicity:
1. Hispanic or Latino: A person of Cuban, Mexican, Puelto Rican, South or Central American, or
other Spanish culture or origin, regardless of race.
Tabulation Table of Race and Ethnicitv Beneficiaries
Race # Total # Hispanic
White
Black or African American
Asian
American Indian or Alaskan Native
Native Hawaiian or Other Pacific Islander
Amelican Indian/Alaska Nativc and White
Asian and White
Black/African American and White
Amcrican Indian/Alaskan Native and Black/African American
Other Multi-Racial
TOTAL:
The Participallt Information Form is to be used in conjunction with the SHIP Annual Progress Report.
The Participant Information Forms are to be completed annually, the same day each year. An occupant
from each dwelling unit must complete theformfor their householcl.
Once this information is gathered, the SHIP Annual Progress Report can be completed and forwarded to
the SHIP office located at 3050 N. Horses/we Drive, #110, Naples, FL 34104
SHIP Eden Gardcns
Apartments Limited Partnership
Phase I - New Construction
Page 19 of 19
page 1 or I
Agenda Item No. 16D30
October 23. 2007
Page 21 of 21
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
1G030
Item Summary:
Recommendation that the board of County Commissioners approves, and authorizes its
Chairman to sign a Sultrecipient r'.greement providing for a $442.000 State Housing Initiative
Program (SHIfJ) loan to E.den Gardens Apartments, Limited Partnership, A Florida Limited
Partnelsllip to assist in funding tile construction of a 55 unit. multi-family rental housing
complex for legal migranl and seasonal farmworkers in Immokalee
Meeting Date:
10/23/2007900:00 AM
Prepared Hy
Rosa Muoz
Grants Management Coordinator
Date
Community Deveiopment &
Environmental Services
Financial A(lmin. & Housing
10/5/20075:46:44 PM
Approved By
Marcy Krumbine
Director
Date
Public Services
Housing & Human Services
10/5/20076:00 PM
Approved B)'
Jeff Klatzkow
Assistant County Attorney
Date
County Attorn(>y
County Attorney Office
10/9/2007 4:57 PM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
10111f2007 9:33 AM
AI1llroved By
OMB Coordinator
Applications Analyst
Date
Administr'llive Services
Information Technology
.10/111200710:07 AM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
10/11/200712:53 PM
Appnn'cd By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
10f12/2007 9:11 AM
Approved B:,..
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
10/14f200711:33 AM
Agenda Item No. 16E1
October 23, 2007
Page 1 of 15
,-
EXECUTIVE SUMMARY
Recommendation to approve an Agreement for Sale and Purchase with Richard F.
Berman as Trustee under an unrecorded Trust Agreement and known as the Richard F.
Berman Revocable Trust of 1998 dated July 27, 1998 for 1.14 acres under the
Conservation Collier Land Acquisition Program, at a cost not to exceed $33,170.
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 Richard F. Berman as Trustee under an unrecorded Trust
Agreement and known as the Richard F. Berman Revocable Trust of 1998 dated July 27,1998
(Seller).
...-
CONSIDERATIONS: On January 25, 2005, Agenda Item 10D, the Board approved a
Conservation Collier Land Acquisition Advisory Committee (CCLAAC) recommended Cycle II -
Active Acquisition List, (AAL) with changes, and directed staff to actively pursue acquisition of
the properties under the Conservation Collier Program. A multi-parcel project included on the
Cycle II - AAL was a portion of Unit 65 in Golden Gate Estates (Winchester Head Multi-parcel
Project). Staff has actively pursued acquiring parcels within Unit 65. However, on September
13, 2005, Agenda Item 16 A 34, the Board accepted CCLAAC's recommendation to, due to
rising property costs, discontinue buying properties for the Winchester Head Multi-parcel Project
for 90 days. On February 14, 2006, Agenda Item 10A, the Board approved to place the
Winchester Head Multi-parcel Project on the "B" list of the Cycle III - AAL. and on January 23,
2007, Agenda Item 10A, the Board approved the Cycle IV - AAL, once again placing the Multl-
parcel Project on the "B" list. On May 22. 2007, Agenda Item 10F, the Board approved to
reactivate the Winchester Head Multi-parcel Project, with conditions, and it was placed on the
"A" list on the current AAL.
The Winchester Head Multi Parcel Project consists of 115 parcels and a total of 167.74 acres.
To date, Conservation Collier has acquired a total of 8.88 acres consisting of 7 parcels, and the
Collier Soil and Water Conservation District has acquired 2 parcels totaling 2.28 acres.
Staff had contracted with two independent, state-certified, general real estate appraisers to
appraise all parcels within the Winchester Head Multi-parcel Project who based their analysis on
comparable sales from wetland, not upland parcels. preferably within the Winchester Head
area. Cost for the appraisals totaled $5.350. The averaged appraised value for 1.14 and 1.59
acre parcels is $23,000 an acre and parcels over 2 acres averaged $19,000 an acre.
Staff sent out 106 offer letters based on the averaged appraised values and size of parcel, and
to date, 21 have accepted our offers. 5 said they are not interested, and 14 made inquiries but
have not committed.
In fact, the Seller is one of those who are interested in selling his property. The Seller'S property
contains a total of 1.14 acres and is located in Golden Gate Estates, Unit 65 (Winchester Head
Multi-parcel Project). The land cost for the 1.14 acre parcel is $26.220.
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 $131.10 in liquidated
damages.
...-
Agenda Item No. 16E 1
October 23,2007
Page 2 of 15
The CCLAAC approved this transaction on October 8, 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 $33,170 ($26.220 for the
property, $5.350 for the appraisals, and approximately $1,600 for the title commitment, title
policy, and recording of documents). The funds will be withdrawn from the Conservation Collier
Trust Fund (172). As of October 8. 2007, property costs for Conservation Collier properties.
including this property and those under contract. total $62,301,483.
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; 2) Authorizes the Chairman to execute the
Agreement and any and all other County Attorney's Office approved documents related to this
transaction; 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.
PREPARED BY: Cindy Erb, Senior Property Acquisition Specialist, Real Estate Services.
Department of Facilities Management
Agenda Item No. 16E1
October 23. 2007
Page 3 of 15
Conservation Collier Land Acquisition Program
Project Design Report
Date: September 25, 2007
BermanTrus
1.14 acres
Wlnehut~fHea<l
Acquired Parcell, Willing Sellers, Accepted and Rejected OUer.
'r'T
I"
; il
I,
Ii
, 1
I..
II
I I -Ii:!
.' II
rr1lr" I'
iH~i:1 II
",,,,,,"r"",,,,,~,, "'."J~~p"""'"'of""".-,
.....",."".."...
."....."......'""'..,."......
00...1..'..0......,"""..........01
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"it;;';"'''''r
Property Owner: Richard F. Berman, Trustee, unrecorded Trust Agreement and known as the
Richard F. Berman Revocable Trust of 1998, dated July 27,1998
Foliolsl: 39959360008
Location: Golden Gate Estates Unit 65 Wl5 FT of Tract 77
Size: 1.14 acres
Appraisal/Offer Amount: $26,220
History of Proiect:
Received Selected for the Approved Project halted Re- Purchase Offer
application "A" category , for by BCC approved offer made to Accepted
#1 priOrity . on purchase for owners
the Active by BCC purchase by
Acquisition List BCC -
by CCLAAC conditionally
12/7/06 12/15/04 1/25/05 9/12/05 2/14/06 8/27/07 8/27/07
Purpose of Proiect: Conservation Collier
ProQram Qualifications:
The Winchester Head multi-parcel project. which includes the Berman Trust property, is an
approximately 200-acre undeveloped depressional cypress head and marsh wetland located in
North Golden Gate Estates (NGGE) in Units 62 and 65. The entire site is within NGGE, a target
protection area. Three different roads. one of which is paved. can access the site and from
these roads half of the property can be viewed. The mature cypress and seasonally changing
marsh enhance the aesthetic setting of Collier County. Using aerial photographs, elevation
data, soil maps and public input, a total of 114 parcels (about 175 acres) were identified as
being important for acquisition. One important reason for the nomination of Winchester Head is
Agenda Item No. 16E 1
October 23. 2007
Page 4 of 15
that this area functions to provide floodplain storage for surrounding home sites during high
rainy season. In fact, these types of depressional storage areas are a component of flood
control for the area and were included in the water management models for the Golden Gate
canal system done by the Big Cypress Basin, South Florida Water Management District. Other
criteria that would be satisfied by a purchase here include protection of surface and ground
water resources. protection of wetland dependent species habitat. good potential for restoration
and low estimated management costs. Listed plant species were observed. while a listed
wildlife species (Florida black bear) has been documented at the edges of the property. During
a March 2004 site visit, it was noted that there was significant standing water. that many birds
are using the area. and that the wetland areas are nearly free of invasive exotic plant life.
indicating good ecological value.
Proiected ManaQement Activities:
Active management of this project would not be feasible until a significant contiguous area could
be acquired. Since the area is relatively free of exotic plants. minimal control efforts consisting
of herbicide applications on exotics at the edges of owned properties may be done until a larger
area is acquired. Because of the wetland nature of the site, trails are not recommended. A
raised boardwalk would be the best public access opportunity, however. this is not proposed
until some time well into the future of the project when more parcels are acquired. Nature
photography and bird watching are two activities that can occur at present. After consideration
of risks and liability, it may be possible to allow school children to visit specific parcels as part of
an educational program about wetlands. Currently. the two roads (37th and 39th Streets NE)
provide access but the only parking is the road right-of-way. Until there are enough parcels
acquired to provide a resource destination. a visitor parking area is not necessary, but this may
be constructed in the future. Land Development Code changes have been made to allow
construction of a parking area on parcels in Estates zoning. An educational kiosk could also be
placed along one of the roads through the project. It would contain information on wetlands and
on the preservation of the area. Signs can be placed at boundaries along 37th and 39th St. NW.
Minimal management activities such as trash removal can be accomplished using both
contracted and volunteer labor.
Item Number:
Item Summary:
Meeting Date:
t'age lor I
Agenda Item No. 16E1
October 23, :<007
Page 5 of 15
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16E1
Recommendation to approve an Agreement for Sale and Purchase with Richard F. Berman
as Tfustee under an unrecorded Trust A\jreement and known as the Richard F. Berman
Revocable Trust of 1998 dated July 27, 1998 for 1.14 acres under tile Conservation Collier
Land Acquisition Program, at a cost not to exceed $33,170.
10/23/2007 9:00:00 AM
Prepared By
Cindy M. Erb
Administrative Services
Senior Property Acquisition Specialist
Date
Facilities Management
10/8/20074:42:21 PM
Approved By
Skip Camp, C.F .M.
Administrative Services
Facilities Management Director
Date
Facilities Management
10/9/20079:23 AM
Approved By
Skip Camp, C.F ,M,
Administrative Services
Facilities Management Director
Date
Approved By
Facllitles Management
10/9/20079:23 AM
Alexandra J. Suleckl
Administrative Services
Senior Environmental Specialist
Date
Facilities Management
10/9/200710:18 AM
Apllroved By
Toni A. Mott
Administrative Services
Real Property Supervisor
Date
Facilities Management
10/9/20075:39 PM
Approved By
OMB Coordinator
Administrative Services
Applications Analyst
Date
Information Technology
10/10/200712:45 PM
Approved By
Laura Davisson
County Manager's Office
Management & Budget Analyst
Date
Office of Ml1nagement & Budget
10/12/20079:27 AM
Allllroved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Date
Office of Management & Budget
10/12f2007 9:35 AM
Appl'oved By
James V. Mudd
Board of County
Commissioners
County Managp.r
Date
COllnty Manager's Office
10/16/20073:04 PM
[OK5~~VATION COLLIER
T.~ :uENTI?ICATION NUMEER:39959360CC8
Agenda Item No. 16E 1
October 23. 2007
Page 6 of 15
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between RICHARD F. BERMAN
AS TRUSTEE UNDER AN UNRECORDED TRUST AGREEMENT AND KNOWN AS
RICHARD F. BERMAN REVOCABLE TRUST OF 1998 DATED JULY 27,1998, whose
address is 6111" Street SW, Naples, FL 34117 (hereinafter referred to as "Sellen,
and COLLIER COUNTY, a political subdivision of the State of Florida, its successors
and assigns, whose address is 3301 Tamiami Trail East, Naples, FL 34112,
(hereinafter referred to as "Purchaser").
WITNESSETH
WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter
referred to as "Property"), located in Collier County, State of Florida, and being more
particularly described in Exhibit "A", attached hereto and made a part hereof by
reference.
WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions
and other agreements hereinafter set forth, and Seller is agreeable to such sale and to
such conditions and agreements.
NOW, THEREFORE, and for and in consideration of the premises and the respective
undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00),
the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows:
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 Twenty
Six Thousand Two Hundred Twenty Dollars and 00/100 dollars ($26,220.00), (U.S.
Currency) payable at time of closing.
III. CLOSING
3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR
"CLOSING") of the transaction shall be held on or before one hundred and twenty
(120) days following execution of this Agreement by the Purchaser, unless
extended by mutual written agreement of the parties hereto. The Closing shall be
held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami
Trail East, Naples, Florida. The procedure to be followed by the parties in
connection with the Closing shall be as follows:
3.011 Seller shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications. Marketable title shall be determined according to
applicable title standards adopted by the Florida Bar and in accordance with
law. At the Closing, the Seller shall cause to be delivered to the Purchaser
the items specified herein and the following documents and instruments duly
executed and acknowledged, in recordable form:
3.0111 Warranty Deed in favor of Purchaser conveying title to the
Property, free and clear of all liens and encumbrances other than:
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER:3995936000a
Agenda Item No. 16E 1
October 23, 2007
Page 7 of 15
(a) The lien for current taxes and assessments.
(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 Service.
3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to
the Seller the following:
3.0121 A negotiabie instrument (County Warrant) in an amount equal to
the Purchase Price, No funds shall be disbursed to Seller until the Title
Company verifies that the state of the title to the Property has not
changed adversely since the date of the last endorsement to the
commitment, referenced in Section 4.011 thereto, and the Title
Company is irrevocably committed to pay the Purchase Price to Seller
and to issue the Owner's title policy to Purchaser in accordance with the
commitment immediately after the recording of the deed.
3.0122 Funds payable to the Seller representing the cash payment due
at Closing in accordance with Article III hereof, shall be subject to
adjustment for prorations as hereinafter set forth.
3.02 Each party shall be responsible for payment of its own attorney's fees. Seller,
at its sole cost and expense, shall pay at Closing all documentary stamp taxes due
relating to the recording of the Warranty Deed, in accordance with Chapter 201.01,
Florida Statutes, and the cost of recording any instruments necessary to clear
Seller's title to the Property. The cost of the Owner's Form B Title Poi icy, 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
(ALTA Form B-1970) covering the Property, together with hard copies of all
exceptions shown thereon. Purchaser shall have thirty (30) days, following
receipt of the title insurance commitment, to notify Seller in writing of any
objection to titie 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
2
f1tfr sJO)
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER 39959360008
Agenda Item No. 16E 1
October 23.2007
Page 8 of 15
Seller written notice of its intention to waive the applicable contingencies or to
terminate this Agreement.
4.012 If Purchaser shall fail to advise the Seller in writing of any such
objections in Seller's title in the manner herein required by this Agreement, the
title shall be deemed acceptable. Upon notification of Purchaser's objection to
title, Seller shall have thirty (30) days to remedy any defects in order to convey
good and marketable title, except for liens or monetary obligations which will
be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to
make such title good and marketable. In the event Seller is unable to cure
said objections within said time period, Purchaser, by providing written notice
to Seller within seven (7) days after expiration of said thirty (30) day period,
may accept title as it then is, waiving any objection; or Purchaser may
terminate the Agreement. A failure by Purchaser to give such written notice of
termination within the time period provided herein shall be deemed an election
by Purchaser to accept the exceptions to title as shown in the title
commitment.
4.013 Seller agrees to furnish any existing surveys of the Property in Seller's
possession to Purchaser within 10 (ten) days of the effective date of this
Agreement. Purchaser shall have the option, at its own expense, to obtain a
current survey of the Property prepared by a surveyor licensed by the State of
Florida. No adjustments to the Purchase Price shall be made based upon any
change to the total acreage referenced in Exhibit "A," unless the difference in
acreage revealed by survey exceeds 5% of the overall acreage. If the survey
provided by Seller or obtained by Purchaser, as certified by a registered
Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an
improvement located on the Property projects onto lands of others, or (c) lack
of legal access to a public roadway, the Purchaser shall notify the Seller in
writing of such encroachment, projection, or lack of legal access, and Seller
shall have the option of curing said encroachment or projection, or obtaining
legal access to the Property from a public roadway, within sixty (60) days of
receipt of said written notice from Purchaser. Purchaser shall have ninety (90)
days from the effective date of thiS Agreement to notify Seller of any such
objections. Should Seller elect not to or be unable to remove the
encroachment, projection, or provide legal access to the property within said
sixty (60) day period, Purchaser, by providing written notice to Seller within
seven (7) days after expiration of said sixty (60) day period, may accept the
Property as it then is, waiving any objection to the encroachment, or
projection, or lack of legal access, or Purchaser may terminate the Agreement.
A failure by Purchaser to give such written notice of termination within the time
period provided herein shall be deemed an election by Purchaser to accept the
Property with the encroachment, or projection, or lack of legal access.
v. INSPECTION PERIOD
5.01 Purchaser shall have 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
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.
3
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CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 3995936000a
Agenda Item No, 16E1
October 23, 2007
Page 9 of 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 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 eiects 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, 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 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 2007 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 giving written notice of termination to Seller. Purchaser shall have
the right to seek and enforce all rights and remedies available at law or in equity
to a contract vendee, including the right to seek specific performance of this
Agreement.
9.02 If the Purchaser has not terminated this Agreement pursuant to any of the
provisions authorizing such termination, and Purchaser fails to close the
transaction contemplated hereby or otherwise fails to perform any of the terms,
covenants and conditions of this Agreement as required on the part of Purchaser
to be performed, provided Seller is not in default, then as Seller's sole remedy,
Seller shall have the right to terminate and cancel this Agreement by giving written
notice thereof to Purchaser, whereupon one-half percent (1/2%) of the purchase
price shall be paid to Seller as liquidated damages which shall be Seller's sole
and exclusive remedy, and neither party shall have any further liability or
obligation to the other except as set forth in paragraph 12.01, (Real Estate
Brokers), hereof, The parties acknowledge and agree that Seller's actual
damages in the event of Purchaser's default are uncertain in amount and difficult
to ascertain, and that said amount of liquidated damages was reasonably
determined by mutual agreement between the parties, and said sum was not
intended to be a penalty in nature,
4
f~dV7
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER:39959360008
Agenda Item No. 16E 1
October 23, 2007
Page 10 of 15
9.03 The parties acknowledge that the remedies described herein and in the
other provisions of this Agreement provide mutually satisfactory and sufficient
remedies to each of the parties, and take into account the peculiar risks and
expenses of each of the parties.
x. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
10.01 Seller and Purchaser represent and warrant the following:
10.011 Seller and Purchaser have full right and authority to enter into and to
execute this Agreement and to undertake all actions and to perform all tasks
required of each hereunder. Seller is not presently the subject of a pending,
threatened or contemplated bankruptcy proceeding.
10.012 Seller has full right, power, and authority to own and operate the
Property, and to execute, deliver, and perform its obligations under this
Agreement and the instruments executed in connection herewith, and to
consummate the transaction contemplated hereby. All necessary
authorizations and approvals have been obtained authorizing Seller and
Purchaser to execute and consummate the transaction contemplated hereby,
At Closing, certified copies of such approvals shall be delivered to Purchaser
and/or Seller, if necessary.
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, daims,
proceedings, litigation or investigations pending or threatened against Seller,
at law, equity or in arbitration before or by any federal, state, municipal or other
governmental instrumentality that relate to this agreement or any other
property that could, if continued, adversely affect Seller's ability to sell the
Property to Purchaser according to the terms of this Agreement.
10.015 No party or person other than Purchaser has any right or option to
acquire the Property or any portion thereof.
10.016 Until the date fixed for Closing, so long as this Agreement remains in
force and effect, Seller shall not encumber or convey any portion of the
Property or any rights therein, nor enter into any agreements granting any
person or entity any rights with respect to the Property or any part thereof,
without first obtaining the written consent of Purchaser to such conveyance,
encumbrance, or agreement which consent may be withheid by Purchaser for
any reason whatsoever.
10.017 Seller represents that there are no incinerators, septic tanks or
cesspools on the Property; all waste, if any, is discharged into a public sanitary
sewer system; Seller represents that they have (it has) no knowledge that any
pollutants are or have been discharged from the Property, directly or indirectly
into any body of water. Seller represents the Property has not been used for
the production, handling, storage, transportation, manufacture or disposal of
hazardous or toxic substances or wastes, as such terms are defined in
applicable laws and regulations, or any other activity that would have toxic
results, and no such hazardous or toxic substances are currently used in
connection with the operation of the Property, and there is no proceeding or
inquiry by any authority with respect thereto. Seller represents that they have
(it has) no knowledge that there is ground water contamination on the Property
or potential of ground water contamination from neighboring properties. Seller
5
((do
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 39959360008
Agenda Item No. 16E 1
October 23, 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 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 reguiation 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 Seiler 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, proposais 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.
10.021 Seller acknowledges and agrees that Purchaser is entering into this
Agreement based upon Seiler'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 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 promuigated 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 Seiler 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 shail
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
rf8&
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER' 3995936000a
Agenda Item No. 16E1
October 23, 2007
Page120f15
any amendments or successor in function to these acts. This provision and
the rights of Purchaser, hereunder, shall survive Closing and are not deemed
satisfied by conveyance of title.
10.024 Any loss and/or damage to the Property between the date of this
Agreement and the date of Closing shall be Seller's sole risk and expense.
XI. NOTICES
11.01 Any notice, request, demand, instruction or other communication to be
given to either party hereunder shall be in writing, sent by facsimile with
automated confirmation of receipt, or by registered, or certified mail, return receipt
requested, postage prepaid, addressed as follows:
If to Purchaser:
Alexandra Suiecki, Coordinator
Conservation Collier Land Acquisition Program
Collier County Facilities Department
3301 Tamiami Trail East
Naples, Florida 34112
With a copy to:
Cindy M. Erb, Senior Property Acquisition Specialist
Collier County Real Estate Services
Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
Telephone number: 239-774-8991
Fax number: 239-774-8876
If to Seller:
Richard F. Berman, Tr.
6111" Street SW
Naples, FL 34117-5108
Telephone number: 239-352-2376
Fax number: 239-304-5905
11.02 The addressees and numbers for the purpose of th,s 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
1201 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,
7
"
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER:39959360008
Agenda Item No. 16E1
October 23, 2007
Page 13 of 15
personal representatives, successors, successor trustee, and
whenever the context so requires or admits,
assignees
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 "offe(' to purchase represented
by this Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
13.09 If the Seller holds the Property In the form of a partnership, limited
partnership, corporation, trust or any form of representative capacity whatsoever
for others, Seller shall make a written public disclosure, according to Chapter 286,
Florida Statutes, under oath, of the name and address of every person having a
beneficial interest in the Property before Property held in such capacity is
conveyed to Collier County. (If the corporation is registered with the Federal
Securities Exchange Commission or registered pursuant to Chapter 517, Florida
Statutes, whose stock is for sale to the general public, it is hereby exempt from
the provisions of Chapter 286, Florida Statutes.)
13.10 This Agreement is governed and construed in accordance with the laws of
the State of Florida.
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.
B
q(;~~
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER:3995936000B
Agenda Item t.~o. 16E1
October 23. 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
, Deputy Clerk
AS TO SELLER:
DATED:
WITNESSES:
~{}))~
(Signature)
1"
(Sign re)
;( f:,"vl<Cck";"
(Printed Name)
Approved as to form and
legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
JAMES COLETTA, Chairman
,~
BY:
RICHARD F. RMAN as Trustee
under an unrecorded trust agreement
and known as Richard F. Berman
Revocable Trust of 1998 dated July 27,1998
9
~fuJ
EXHIBIT "A"
PROPERTY IDENTIFICATION NUMBER: 39959360008
LEGAL DESCRIPTION:
THE WEST SEVENTY FIVE (75') FEET OF TRACT 77, GOLDEN
GATE ESTATES, UNIT 65, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 88, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
Agenda Item No. 16E1
October 23, 2007
Page 15 of 15
tJ;~/o7
Agenda Item No. 16E2
October 23, 2007
Page 1 of 15
~
EXECUTIVE SUMMARY
Recommendation to approve an Agreement for Sale and Purchase with William C. Armes
for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to
exceed $27,820.
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. Armes (Seller).
CONSIDERATIONS: On January 25, 2005, Agenda Item 100, the Board approved a
Conservation Collier Land Acquisition Advisory Committee (CCLAAC) recommended Cycle II -
Active Acquisition List, (AAL) with changes, and directed staff to actively pursue acquisition of
the properties under the Conservation Collier Program, A multi-parcel project included on the
Cycle II - AAL was a portion of Unit 65 in Golden Gate Estates (Winchester Head Multi-parcel
Project), Staff has actively pursued acquiring parcels within Unit 65, However, on September
13, 2005, Agenda Item 16 A 34, the Board accepted CCLAAC's recommendation to, due to
rising property costs, discontinue buying properties for the Winchester Head Multi-parcel Project
for 90 days. On February 14, 2006, Agenda Item 10A, the Board approved to place the
Winchester Head Multi-parcel Project on the "B" list of the Cycle III - AAL, and on January 23,
2007, Agenda Item 10A, the Board approved the Cycle IV - AAL, once again placing the Multi-
parcel Project on the "B" list. On May 22, 2007, Agenda Item 10F, the Board approved to
reactivate the Winchester Head Multi-parcel Project, with conditions, and it was placed on the
"A" list on the current AAL
---
The Winchester Head Multi Parcel Project consists of 115 parcels and a total of 167.74 acres,
To date, Conservation Collier has acquired a total of 8.88 acres consisting of 7 parcels, and the
Collier Soil and Water Conservation District has acquired 2 parcels totaling 2.28 acres.
Staff had contracted with two independent, state-certified, general real estate appraisers to
appraise all parcels within the Winchester Head Multi-parcel Project who based their analysis on
comparable sales from wetland, not upland parcels, preferably within the Winchester Head
area. The averaged appraised value for 1.14 and 1.59 acre parcels is $23,000 an acre and
parcels over 2 acres averaged $19,000 an acre.
Staff sent out 106 offer letters based on the averaged appraised values and size of parcel, and
to date, 21 have accepted our offers, 5 said they are not interested, and 14 made inquiries but
have not committed,
In fact, the Seller is one of those who are interested in selling his property, The Seller's property
contains a total of 1,14 acres and is located in Golden Gate Estates, Unit 65 (Winchester Head
Multi-parcel Project). The land cost for the 1.14 acre parcel is $26,220.
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 $131,10 in liquidated
damages.
The CCLAAC approved this transaction on October 8, 2007, and voted to recommend Board
approval and execution of the attached Agreement.
---
Agenda Item No. 16E2
October 23, 2007
Page 2 of 1 5
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 $27,820 ($26,220 for the
property, and approximately $1,600 for the title commitment, title policy, and recording of
documents). The funds will be withdrawn from the Conservation Collier Trust Fund (172). As of
October 8, 2007, property costs for Conservation Collier properties, including this property and
those under contract, total $62,301,483.
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; 2) Authorizes the Chairman to execute the
Agreement and any and all other County Attorney's Office approved documents related to this
transaction; 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.
PREPARED BY: Cindy Erb, Senior Property Acquisition Specialist, Real Estate Services,
Department of Facilities Management
Agenda Item No. 16E2
October 23, 2007
Page 3 of 15
Conservation Collier Land Acquisition Program
Project Design Report
Date: September 25, 2007
WlnehelterHt.d
Acquired Parcell, Wlllillg Sellen;, Accepted and Rejected Offers
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Armes Parcel
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Property Owner: William C. Armes
Folio(s): 39959240005
Location: Golden Gate Estates Unit 65 E75 ft of W 150 ft of Tract 77
Size: 1.14 acres
Appraisal/Offer Amount: $26,220
History of Proiect:
Received Selected for the Approved Project halted Re- Purchase Offer
application "A" category, for by BCC approved offer made to Accepted
#1 priority, on purchase for owners
the Active by BCC purchase by
Acquisition List BCC -
bv CCLAAC conditionally
12/23/06 12/15/04 1/25/05 9/12/05 2/14/06 8/27/07 9/4/07
Purpose of Project: Conservation Collier
Proqram Qualifications:
The Winchester Head multi-parcel project, which includes the Armes property, is an
approximately 200-acre undeveloped depressional cypress head and marsh wetland located in
North Golden Gate Estates (NGGE) in Units 62 and 65. The entire site is within NGGE, a target
protection area. Three different roads, one of which is paved, can access the site and from
these roads half of the property can be viewed. The mature cypress and seasonally changing
marsh enhance the aesthetic setting of Collier County, Using aerial photographs, elevation
i\genda Item No. 16E2
October 23. 2007
Page 4 of 15
data, soil maps and public input, a total of 114 parcels (about 175 acres) were identified as
being important for acquisition. One important reason for the nomination of Winchester Head is
that this area functions to provide floodplain storage for surrounding home sites during high
rainy season. In fact, these types of depressional storage areas are a component of flood
control for the area and were included in the water management models for the Golden Gate
canal system done by the Big Cypress Basin, South Florida Water Management District. Other
criteria that would be satisfied by a purchase here include protection of surface and ground
water resources, protection of wetland dependent species habitat, good potential for restoration
and low estimated management costs. Listed plant species were observed, while a listed
wildlife species (Florida black bear) has been documented at the edges of the property. During
a March 2004 site visit, it was noted that there was significant standing water, that many birds
are using the area, and that the wetland areas are nearly free of invasive exotic plant life,
indicating good ecological value.
Proiected ManaQement Activities:
Active management of this project would not be feasible until a significant contiguous area could
be acquired. Since the area is relatively free of exotic plants, minimal control efforts consisting
of herbicide applications on exotics at the edges of owned properties may be done until a larger
area is acquired. Because of the wetland nature of the site, trails are not recommended. A
raised boardwalk would be the best public access opportunity, however, this is not proposed
until some time well into the future of the project when more parcels are acquired. Nature
photography and bird watching are two activities that can occur at present. After consideration
of risks and liability, it may be possible to allow school children to visit specific parcels as part of
an educational program about wetlands. Currently, the two roads (37th and 39th Streets NE)
provide access but the only parking is the road right-of-way. Until there are enough parcels
acquired to provide a resource destination, a visitor parking area is not necessary, but this may
be constructed in the future. Land Development Code changes have been made to allow
construction of a parking area on parcels in Estates zoning. An educational kiosk could also be
placed along one of the roads through the project. It would contain information on wetlands and
on the preservation of the area. Signs can be placed at boundaries along 37'h and 39th St. NW.
Minimal management activities such as trash removal can be accomplished using both
contracted and volunteer labor.
Item Number:
Item Summary:
Meeting Date:
t'agt: I Ul 1
Agenda Item No. 16E2
October 23, 2007
Page 5 of 15
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16E2
Recommendation to approve an Agreement for Sale and Purchase with William C. Armes for
1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed
$27,820.
10/23/2007900,00 AM
Prepared By
Cindy M. Erb
Administrative Services
Sellior Property Acquisitioll Specialist
Date
Approved By
Facilities Management
10/8/20074:44:00 PM
Skip Camp, C.F .M.
Administrative Services
Facilities Management Director
Date
Facilities Management
10/9/20079;25 AM
Approved By
Skip Camp, C.F.M.
Administrative Services
Facilities Management Director
Date
Approved By
Facilities Management
10/9/20079:25 AM
Alexandra J. Sulecki
Administrative Services
Senior Environmental Specialist
Date
Aplll'oved By
Facilities Management
10/9/200710:18 AM
Toni A. Mott
Administrative Services
Real Property Supervisor
Date
Approved By
Facilities Management
10/9/20075:41 PM
OMS Coordinator
Administrative Services
Applications Analyst
Date
Approved By
Information Technology
10/10/200712:46 PM
Laura Davisson
County Manager's Office
Management & Budget Analyst
Date
Office of Management & Budget
10/11/200712:00 PM
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Date
Office of Management & Budget
10/12/20079:21 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10/16/20073:07 PM
CONSERVATION CO~LIE~
TAX IDENTIFICATION ~O~B2R: 39959240005
Agenda Item No. 16E2
October 23. 2007
Page 6 of 15
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between WILLIAM C. ARMES,
whose address IS 3510 W. Roundtree Drive, Cocoa, FL 32926 (hereinafter referred to
as "Selle('), and COLLIER COUNTY, a political subdivision of the State of Florida its
successors and assigns, whose address is 3301 Tamiami Trail East Naples' FL
34112, (hereinafter referred to as "Purchaser"). "
WITNESSETH
WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter
referred to as "Property"), located in Collier County, State of Florida, and being more
particularly described in Exhibit "A", attached hereto and made a part hereof by
reference.
WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions
and other agreements hereinafter set forth, and Seller is agreeable to such sale and to
such conditions and agreements.
NOW, THEREFORE, and for and in consideration of the premises and the respective
undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00),
the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows:
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 Twenty
Six Thousand Two Hundred Twenty Dollars and 00/100 dollars ($26,220.00), (U.S.
Currency) payable at time of closing.
III. CLOSING
3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR
"CLOSING") of the transaction shall be held on or before one hundred and twenty
(120) days following execution of this Agreement by the Purchaser, unless
extended by mutual written agreement of the parties hereto. The Closing shall be
held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami
Trail East, Naples, Florida. The procedure to be followed by the parties in
connection with the Closing shall be as follows:
3.011 Seller shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications Marketable title shall be determined according to
applicable title standards adopted by the Florida Bar and in accordance with
law. At the Closing, the Seller shall cause to be delivered to the Purchaser
the items specified herein and the following documents and instruments duly
executed and acknowledged, in recordable form:
3.0111 Warranty Deed in favor of Purchaser conveying title to the
Property, free and clear of all liens and encumbrances other than:
(a) The lien for current taxes and assessments.
(b) Such other easements, restrictions or conditions of record.
.CQNSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 39959240005
Agenda Item No. 16E2
October 23, 2007
Page 7 of 15
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 Internai Revenue Code and as required
by the title insurance underwriter in order to insure the "gap" and issue
the policy contemplated by the title insurance commitment.
3.0114 A W-9 Form, "Request for Taxpayer Identification and
Certification" as required by the Internal Revenue Service.
3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to
the Seller the following:
3.0121 A negotiable instrument (County Warrant) in an amount equal to
the Purchase Price. No funds shall be disbursed to Seller until the Title
Company verifies that the state of the title to the Property has not
changed adversely since the date of the last endorsement to the
commitment, referenced in Section 4.011 thereto, and the Title
Company is irrevocably committed to pay the Purchase Price to Seller
and to issue the Owner's title policy to Purchaser in accordance with the
commitment immediately after the recording of the deed.
3.0122 Funds payable to the Seller representing the cash payment due
at Closing in accordance with Article III hereof, shall be subject to
adjustment for prorations as hereinafter set forth.
3.02 Each party shall be responsible for payment of its own attorney's fees. Seller,
at its sole cost and expense, shall pay at Closing all documentary stamp taxes due
relating to the recording of the Warranty Deed, in accordance with Chapter 201.01,
Fionda 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 T A Commitment for an Owner's Title Insurance Policy
(ALTA Form B-1970) covering the Property, together with hard copies of all
exceptions shown thereon. Purchaser shall have thirty (30) days, following
receipt of the title insurance commitment, to notify Seller in writing of any
objection to title other than liens evidencing monetary obligations, if any,
which obligations shall be paid at closing. If the title commitment contains
exceptions that make the title unmarketable, Purchaser shall deliver to the
Seller written notice of its intention to waive the applicable contingencies or to
terminate this Agreement.
2
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 39959240005
Agenda Item No. 16E2
October 23. 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 obligations which will
be satisfied at Closing. Seller, at its sole expense, shali use Its best efforts to
make such titie 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 based upon any
change to the total acreage referenced in Exhibit "A," unless the difference in
acreage revealed by survey exceeds 5% of the overall acreage. If the survey
provided by Seller or obtained by Purchaser, as certified by a registered
Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an
improvement located on the Property projects onto lands of others, or (c) iack
of legal access to a public roadway, the Purchaser shall notify the Seller in
writing of such encroachment, projection, or iack of legal access, and Seller
shall have the option of curing said encroachment or projection, or obtaining
legal access to the Property from a public roadway, within sixty (60) days of
receipt of said written notice from Purchaser. Purchaser shall have ninety (90)
days from the effective date of this Agreement to notify Seller of any such
objections. Should Seller elect not to or be unable to remove the
encroachment, projection, or provide legal access to the property within said
sixty (60) day period, Purchaser, by providing written notice to Seller within
seven (7) days after expiration of said sixty (60) day period, may accept the
Property as it then is, waiving any objection to the encroachment, or
projection, or lack of legal access, or Purchaser may terminate the Agreement.
A failure by Purchaser to give such written notice of termination within the time
period provided herein shall be deemed an election by Purchaser to accept the
Property with the encroachment, or projection, or iack 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
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
3
.CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER; 39959240005
Agenda Item No. 16E2
October 23, 2007
Page 9 of 15
contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller
in writing of its specific objections as provided herein within the Inspection Period,
it shall be deemed that the Purchaser is satisfied with the results of its
investigations and the contingencies of this Article V shall be deemed waived. In
the event Purchaser elects to terminate this Agreement because of the right of
inspection, Purchaser shall deliver to Seller copies of all engineering reports and
environmental and soil testing results commissioned by Purchaser with respect to
the Property.
5.03 Purchaser and its agents, employees and servants shall, at their own risk and
expense, have the right to go upon the Property for the purpose of surveying and
conducting site analyses, soil borings and all other necessary investigation.
Purchaser shall, in performing such tests, use due care. 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 agents, shall have
the right to inspect the Property at any time prior to the Ciosing,
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 2007 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 giving written notice of termination to Seller. Purchaser shall have
the right to seek and enforce all rights and remedies avaiiabie at law or in equity
to a contract vendee, including the right to seek specific performance of this
Agreement.
9.02 If the Purchaser has not terminated this Agreement pursuant to any of the
provisions authorizing such termination, and Purchaser fails to close the
transaction contemplated hereby or otherwise fails to perform any of the terms,
covenants and conditions of this Agreement as required on the part of Purchaser
to be performed, provided Seller is not in default, then as Seller's sole remedy,
Seller shall have the right to terminate and cancel this Agreement by giving written
notice thereof to Purchaser, whereupon one-half percent (1/2%) of the purchase
price shall be paid to Seller as liquidated damages which shall be Seller's sole
and exclusive remedy, and neither party shall have any further liability or
obligation to the other except as set forth in paragraph 12.01, (Real Estate
Brokers), hereof The parties acknowledge and agree that Seller's actual
damages in the event of Purchaser's defauit 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 mutuaily satisfactory and sufficient
4
_I
.CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 39959240005
Agenda Item No. 16E2
October 23. 2007
Page 10 of 15
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 instrumentality that relate to this agreement or any other
property that could, if continued, adversely affect Seller's ability to sell the
Property to Purchaser according to the terms of this Agreement.
10.015 No party or person other than Purchaser has any right or option to
acquire the Property or any portion thereof.
10.016 Until the date fixed for Closing, so long as this Agreement remains in
force and effect, Seller shall not encumber or convey any portion of the
Property or any rights therein, nor enter into any agreements granting any
person or entity any rights with respect to the Property or any part thereof,
without first obtaining the written consent of Purchaser to such conveyance,
encumbrance, or agreement which consent rnay 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 systern, 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 contarnination 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
5
.CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 39959240005
Agenda Item No. 16E2
October 23, 2007
Page 11 of 15
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.
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
any amendments or successor in function to these acts. This provision and
6
,CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 39959240005
Agenda Item No. 16E2
October 23. 2007
Page 12 of 15
the rights of Purchaser, hereunder, shall survive Closing and are not deemed
satisfied by conveyance of title.
10.024 Any loss and/or damage to the Property between the date of this
Agreement and the date of Closing shall be Seller's sole risk and expense.
XI. NOTICES
11.01 Any notice, request, demand, instruction or other communication to be
given to either party hereunder shall be in writing, sent by facsimile with
automated confirmation of receipt, or by registered, or certified mail, return receipt
requested, postage prepaid, addressed as follows:
If to Purchaser:
Alexandra Sulecki, Coordinator
Conservation Collier land Acquisition Program
Collier County Facilities Department
3301 Tamiami Trail East
Naples, Florida 34112
With a copy to:
Cindy M. Erb, Senior Property Acquisition Specialist
Collier County Real Estate Services
Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
Telephone number: 239-774-8991
Fax number: 239-774-8876
If to Seller:
William C. Armes
3510 W. Roundtree Drive
Cocoa, Florida 32926-8762
Telephone number: 321-632-4377
Fax number: 321-433-3155
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.
7
.CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 39959240005
Agenda Item No. 16E2
October 23, 2007
Page 13 of 15
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 approvai by the Board of County
Commissioners of Collier County, Florida. .
13.09 If the Seller holds the Property in the form of a partnership, limited
partnership, corporation, trust or any form of representative capacity whatsoever
for others, Seller shall make a written public disclosure, according to Chapter 286,
Florida Statutes, under oath, of the name and address of every person having a
beneficiai 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, Fiorida
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 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.
a
. CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER; 39959240005
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 7/'lr/a,7
WITNESSES:
~~~ /~
C~Lr-OAl /f.' /fi(3('$ff?/J
(Printed Name)
C{!!'il4-
fl" -!r,c. k. .r. I< Y fA"
(Printed Name)
Approved as to form and
legal sufficiency:
\:
Agenda Item No. 16E2
October 23, 2007
Page 14 of 15
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
JAMES COLETTA, Chairman
By/f:4~~~
WILLIAM C. ARM
9
Agenda Item NO.1 E2
October 23, 2 07
Page 150 15
EXHIBIT "A"
PROPERTY IDENTIFICATION NUMBER: 39959240005
LEGAL DESCRIPTION:
THE EAST SEVENTY FIVE (75') FEET OF THE WEST ONE
HUNDRED FIFTY (150') FEET OF TRACT 77, GOLDEN GATE
ESTATES, UNIT 65, ACCORDING TO THE MAP OR PLAT
THEREOF RECORDED IN PLAT BOOK 5, PAGE 88, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
Agenda Item No. 16E3
October 23. 2007
Page 1 of 15
..-
EXECUTIVE SUMMARY
Recommendation to approve an Agreement for Sale and Purchase with Alfredo Medina
for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to
exceed $27,820.
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 Alfredo Medina (Seller).
CONSIDERATIONS: On January 25, 2005, Agenda Item 100, the Board approved a
Conservation Collier Land Acquisition Advisory Committee (CCLMC) recommended Cycle II -
Active Acquisition List, (AAL) with changes, and directed staff to actively pursue acquisition of
the properties under the Conservation Collier Program. A multi-parcel project included on the
Cycle II - AAL was a portion of Unit 65 in Golden Gate Estates (Winchester Head Multi-parcel
Project). Staff has actively pursued acquiring parcels within Unit 65. However, on September
13, 2005, Agenda Item 16 A 34, the Board accepted CCLAAC's recommendation to, due to
rising property costs, discontinue buying properties for the Winchester Head Multi-parcel Project
for 90 days. On February 14, 2006, Agenda Item 10A, the Board approved to place the
Winchester Head Multi-parcel Project on the "B" list of the Cycle III - AAL, and on January 23,
2007, Agenda Item 10A, the Board approved the Cycle IV - AAL, once again placing the Multi-
parcel Project on the "B" list. On May 22, 2007, Agenda Item 10F, the Board approved to
reactivate the Winchester Head Multi-parcel Project, with conditions, and it was placed on the
"A" list on the current AAL
.-
The Winchester Head Multi Parcel Project consists of 115 parcels and a total of 167.74 acres.
To date, Conservation Collier has acquired a total of 8,88 acres consisting of 7 parcels, and the
Collier Soil and Water Conservation District has acquired 2 parcels totaling 2,28 acres,
Staff had contracted with two independent, state-certified, general real estate appraisers to
appraise all parcels within the Winchester Head Multi-parcel Project who based their analysis on
comparable sales from wetland, not upland parcels, preferably within the Winchester Head
area, The averaged appraised value for 1.14 and 1.59 acre parcels is $23,000 an acre and
parcels over 2 acres averaged $19,000 an acre.
Staff sent out 106 offer letters based on the averaged appraised values and size of parcel, and
to date, 21 have accepted our offers, 5 said they are not interested, and 14 made inquiries but
have not committed,
In fact, the Seller is one of those who are interested in selling his property. The Seller's property
contains a total of 1,14 acres and is located in Golden Gate Estates, Unit 65 (Winchester Head
Multi-parcel Project), The land cost for the 1.14 acre parcel is $26,220.
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 $131.10 in liquidated
damages.
The CCLMC approved this transaction on October 8, 2007, and voted to recommend Board
approval and execution of the attached Agreement.
.-
Agenda Item No. 16E3
October 23, 2007
Page 2 of 15
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 $27,820 ($26,220 for the
property, and approximately $1,600 for the title commitment, title policy, and recording of
documents). The funds will be withdrawn from the Conservation Collier Trust Fund (172). As of
October 8, 2007, property costs for Conservation Collier properties, including this property and
those under contract, total $62,301,483.
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; 2) Authorizes the Chairman to execute the
Agreement and any and all other County Attorney's Office approved documents related to this
transaction; 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.
PREPARED BY: Cindy Erb, Senior Property Acquisition Specialist, Real Estate Services,
Department of Facilities Management
Agenda Item No. 16E3
October 23, 2007
Page 3 of 15
Conservation Collier Land Acquisition Program
Project Design Report
Date: September 27, 2007
W1ncheswrHead
Acquired h.cels, Willing Sail..., Accapl1ld and Rej.clad Otte,.
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Medina Parcel
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Property Owner: Alfredo Medina
Folio/sl: 39957920000
Location: Golden Gate Estates Unit 65 W75 ft of E150 ft of Tract 66
Size: 1.14 acres
Appraisal/Offer Amount: $26,220
Historv of Proiect:
Received Selected for the Approved Proj ect halted Re-approved Purchase Offer
application "A" category, for by BCC for purchase offer made to Accepted
#1 priority, on purchase by BCC - owners
the Active by BCC conditionally
Acquisition
List by
CCLAAC
1/22/07 12/15/04 1/25/05 9/12/05 2/14/06 8/27/07 9/12/07
Purpose of Project: Conservation Collier
ProQram Qualifications:
The Winchester Head multi-parcel project, which includes the Medina property, is an
approximately 200-acre undeveloped depressional cypress head and marsh wetland located in
North Golden Gate Estates (NGGE) in Units 62 and 65. The entire site is within NGGE, a target
protection area. Three different roads, one of which is paved, can access the site and from
these roads half of the property can be viewed. The mature cypress and seasonally changing
marsh enhance the aesthetic setting of Collier County. Using aerial photographs, elevation
data, soil maps and public input, a total of 114 parcels (about 175 acres) were identified as
being important for acquisition. One important reason for the nomination of Winchester Head is
that this area functions to provide floodplain storage for surrounding home sites during hi9h
Agenda Item No. 16E3
October 23. 2007
Page 4 of 15
rainy season. In fact, these types of depressional storage areas are a component of flood
control for the area and were included in the water management models for the Golden Gate
canal system done by the Big Cypress Basin, South Florida Water Management District. Other
criteria that would be satisfied by a purchase here include protection of sutiace and ground
water resources, protection of wetland dependent species habitat, good potential for restoration
and low estimated management costs. Listed plant species were observed, while a listed
wildlife species (Florida black bear) has been documented at the edges of the property. During
a March 2004 site visit, it was noted that there was significant standing water, that many birds
are using the area, and that the wetland areas are nearly free of invasive exotic plant life,
indicating good ecological value.
Proiected ManaQement Activities:
Active management of this project would not be feasible until a significant contiguous area could
be acquired. Since the area is relatively free of exotic plants, minimal control efforts consisting
of herbicide applications on exotics at the edges of owned properties may be done until a larger
area is acquired. Because of the wetland nature of the site, trails are not recommended. A
raised boardwalk would be the best public access opportunity, however, this is not proposed
until some time well into the future of the project when more parcels are acquired. Nature
photography and bird watching are two activities that can occur at present. After consideration
of risks and liability, it may be possible to allow school children to visit specific parcels as part of
an educational program about wetlands. Currently, the two roads (37'h and 39'h Streets NE)
provide access but the only parking is the road right-of-way. Until there are enough parcels
acquired to provide a resource destination, a visitor parking area is not necessary, but this may
be constructed in the future. Land Development Code changes have been made to allow
construction of a parking area on parcels in Estates zoning. An educational kiosk could also be
placed along one of the roads through the project. It would contain information on wetlands and
on the preservation of the area. Signs can be placed at boundaries along 37'h and 39'h St. NW.
Minimal management activities such as trash removal can be accomplished using both
contracted and volunteer labor.
Item Number:
Item Summary:
Meetlng Date:
t'age I OT I
Agenda Item No. 16E3
October 23, 2001
Page 5 of 15
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16E3
Recommendation to aIJprove an Agreement for Sale and Purchase with Alfredo Medina for
1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not 10 exceed
$27,820.
10/23/2007 9,0000 AM
Prepared By
Cindy M. Erb
Administrative Services
Senior Property Acquisition Specialist
Date
Facilities Management
1018/20074:45:54 PM
Approved By
Skip Camp, C.F .M.
Administrative Services
Facilities Management Director
Date
Facilities Management
10/9/200710:00 AM
Approved By
Skip Camp, C.F.M.
Administrative Services
Facilities Management Director
Date
Facilities Management
10/9/200710:00 AM
Appl'Oved By
Alexandra J. Sulecki
Administrative Services
Senior Environmental Specialist
Date
Facilities Management
10/91200710:19 AM
Approved By
Toni A. Matt
Administrative Services
Real Property Supervisor
Date
Facilities Manaqement
10/9/2007 5:43 PM
AIJproved By
OMS Coordinator
Administrative Services
Applications Analyst
Date
Information Technology
10/101200712:47 PM
Approved By
Laura Davisson
County Manager's OffiCI!
Management & Budget Analyst
Date
Offitf! of MHnagrnnent & Budget
10/11/200712:07 PM
Allprond By
Michael Slllykowski
County Mal1<I~ler's Office
lVIanagenwnt & Budget Director
Date
Office of Management & Budget
10/12120079:25 AM
Apprond lJy
James V. Mudd
Board of COlll1ty
Commissioners
County Manager
Date
County Manager's Office
10/16/20073:16 PM
CONSERVATION COLL:ER
~AX IDENTIFICATION NUMBER: 39957920000
Agenda Item No. 16E3
October 23, 2007
Page 6 of 15
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and enter'i'hd into by and between ALFREDO MEDINA, a
mamed man, ,,;,,hose ,address is 2760 4 Avenue SE, Naples, FL 34117, (hereinafter
referred to as Seller'), and COLLIER COUNTY, a political subdivision of the State of
Florida, Its successors and assigns, whose address is 3301 Tamiami Trail East Naples
FL 34112, (hereinafter referred to as "Purchaser"). "
WITNESSETH
WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter
referred to as "Property"), located in Collier County, State of Florida, and being more
particularly described in Exhibit "A", attached hereto and made a part hereof by
reference.
WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions
and other agreements hereinafter set forth, and Seller is agreeable to such sale and to
such conditions and agreements.
NOW, THEREFORE, and for and in consideration of the premises and the respective
undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00),
the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows:
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 Twenty
Six Thousand Two Hundred Twenty Dollars and 00/100 dollars ($26,220.00), (U.S.
Currency) payable at time of closing.
III. CLOSING
3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR
"CLOSING") of the transaction shall be held on or before one hundred and twenty
(120) days following execution of this Agreement by the Purchaser, unless
extended by mutual written agreement of the parties hereto. The Closing shall be
held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami
Trail East, Naples, Florida. The procedure to be followed by the parties in
connection with the Closing shall be as follows:
3.011 Seller shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications. Marketable title shall be determined according to
applicable title standards adopted by the Florida Bar and in accordance with
law. At the Closing, the Seller shall cause to be delivered to the Purchaser
the items specified herein and the following documents and instruments duly
executed and acknowledged, in recordable form:
3.0111 Warranty Deed in favor of Purchaser conveying title to the
Property, free and clear of all liens and encumbrances other than:
(a) The lien for current taxes and assessments.
(b) Such other easements, restrictions or conditions of record.
:
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 39957920000
Agenda Item No. 16E3
October 23, 2007
Page 7 of 15
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 Service.
3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to
the Seller the following:
3.0121 A negotiable instrument (County Warrant) In an amount equal to
the Purchase Price. No funds shall be disbursed to Seller until the Title
Company verifies that the state of the title to the Property has not
changed adversely since the date of the last endorsement to the
commitment, referenced in Section 4.011 thereto, and the Title
Company is irrevocably committed to pay the Purchase Price to Seller
and to issue the Owner's title policy to Purchaser in accordance with the
commitment immediately after the recording of the deed.
3.0122 Funds payable to the Seller representing the cash payment due
at Closing in accordance with Article III hereof, shall be subject to
adjustment for prorations as hereinafter set forth.
3.02 Each party shall be responsible for payment of its own attorney's fees. Seller,
at its sole cost and expense, shall pay at Closing all documentary stamp taxes due
relating to the recording of the Warranty Deed, in accordance with Chapter 201.01,
Florida Statutes, and the cost of recording any instruments necessary to clear
Seller's title to the Property. The cost of the Owner's Form 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 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
(ALTA Form 8-1970) coverin9 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.
2
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 39957920000
Agenda Item "0. 1 E3
October 23. 2 07
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 acceptabie. Upon notification of Purchaser's objection to
title, Seller shall have thirty (30) days to remedy any defects in order to convey
good and marketable title, except for liens or monetary obligations which will
be satisfied at Closing, Seller, at its sole expense, shall use its best efforts to
make such title good and marketable. In the event Seller is unable to cure
said objections within said time period, Purchaser, by providing written notice
to Seller within seven (7) days after expiration of said thirty (30) day period,
may accept title as it then is, waiving any objection; or Purchaser may
terminate the Agreement. A failure by Purchaser to give such written notice of
termination within the time period provided herein shall be deemed an election
by Purchaser to accept the exceptions to title as shown in the title
commitment.
4.013 Seller agrees to furnish any existing surveys of the Property In Seller's
possession to Purchaser within 10 (ten) days of the effective date of this
Agreement. Purchaser shall have the option, at its own expense, to obtain a
current survey of the Property prepared by a surveyor licensed by the State of
Florida. No adjustments to the Purchase Price shall be made based upon any
change to the total acreage referenced in Exhibit "A," unless the difference in
acreage revealed by survey exceeds 5% of the overall acreage. If the survey
provided by Seller or obtained by Purchaser, as certified by a registered
Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an
improvement located on the Property projects onto lands of others, or (c) lack
of legal access to a public roadway, the Purchaser shall notify the Seller in
writing of such encroachment, projection, or lack of legal access, and Seller
shall have the option of curing said encroachment or projection, or obtaining
legal access to the Property from a public roadway, within sixty (60) days of
receipt of said written notice from Purchaser. Purchaser shall have ninety (90)
days from the effective date of this Agreement to notify Seller of any such
objections. Should Seller elect not to or be unable to remove the
encroachment, projection, or provide legal access to the property within said
sixty (60) day period, Purchaser, by providing written notice to Seller within
seven (7) days after expiration of said sixty (60) day period, may accept the
Property as It then is, waiving any objection to the encroachment, or
projection, or lack of legal access, or Purchaser may terminate the Agreement.
A failure by Purchaser to give such written notice of termination within the time
period provided herein shall be deemed an election by Purchaser to accept the
Property with the encroachment, or projection, or lack of legal access.
v. INSPECTION PERIOD
5.01 Purchaser shall have 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
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
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 39957920000
Agenda Item No.1 E3
October 23. 2 07
Page 9 of 15
contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller
in writing of its specific objections as provided herein within the Inspection Period,
it shall be deemed that the Purchaser is satisfied with the results of its
investigations and the contingencies of this Article V shall be deemed waived. In
the event Purchaser elects to terminate this Agreement because of the right of
inspection, Purchaser shall deliver to Seller copies of all engineering reports and
environmental and soil testing results commissioned by Purchaser with respect to
the Property.
5,03 Purchaser and its agents, employees and servants shall, at their own risk and
expense, have the right to go upon the Property for the purpose of surveying and
conducting site analyses, soil borings and all other necessary investigation,
Purchaser shall, in performing such tests, use due care, 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 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 ciosing on the Property, shall
be prorated at Closing based upon the gross amount of 2007 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 giving written notice of termination to Seller. Purchaser shall have
the right to seek and enforce all rights and remedies availabie at law or in equity
to a contract vendee, including the right to seek specific performance of this
Agreement.
9.02 If the Purchaser has not terminated this Agreement pursuant to any of the
provisions authorizing such termination, and Purchaser fails to close the
transaction contemplated hereby or otherwise fails to perform any of the terms,
covenants and conditions of this Agreement as required on the part of Purchaser
to be performed, provided Seller is not in default, then as Seller's sole remedy,
Seller shall have the right to terminate and cancel this Agreement by giving written
notice thereof to Purchaser, whereupon one-half percent (112%) 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
4
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 39957920000
Agenda Item No.1 E3
October 23. 21 07
Page 100 15
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
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 acceptance of a
deed to the said Property shall not be deemed to be full performance and
discharge of every agreement and obligation on the part of the Seller to be
performed pursuant to the provisions of this Agreement
10.014 Seller represents that it has no knowledge of any actions, suits, claims,
proceedings, litigation or investigations pending or threatened against Seller,
at law, equity or in arbitration before or by any federal, state, municipal or other
governmental instrumentality that relate to this agreement or any other
property that could, if continued, adversely affect Seller's ability to sell the
Property to Purchaser according to the terms of this Agreement.
10.015 No party or person other than Purchaser has any right or option to
acquire the Property or any portion thereof.
10016 Until the date fixed for Closing, so long as this Agreement remains in
force and effect, Seller shall not encumber or convey any portion of the
Property or any rights therein, nor enter into any agreements granting any
person or entity any rights with respect to the Property or any part thereof,
without first obtaining the written consent of Purchaser to such conveyance,
encumbrance, or agreement which consent may be withheld by Purchaser for
any reason whatsoever.
10.017 Seller represents that there are no incinerators, septic tanks or
cesspools on the Property; all waste, if any, is discharged into a public sanitary
sewer system; Seller represents that they have (it has) no knowledge that any
pollutants are or have been discharged from the Property, directly or indirectly
into any body of water. Seller represents the Property has not been used for
the production, handling, storage, transportation, manufacture or disposal of
hazardous or toxic substances or wastes, as such terms are defined in
applicable laws and regulations, or any other activity that would have toxic
results, and no such hazardous or toxic substances are currently used in
connection with the operation of the Property, and there is no proceeding or
inquiry by any authority with respect thereto. Seller represents that they have
(it has) no knowledge that there is ground water contamination on the Property
or potential of ground water contamination from neighboring properties. Seller
represents no storage tanks for gasoline or any other substances are or were
located on the Property at any time during or prior to Seller's ownership
5
."'~~~
ill
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 39957920000
Agenda Item NO.1 E3
October 23, 2 07
Page 11 of 15
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 vioiation 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.
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
any amendments or successor in function to these acts. This provision and
6
~
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 39957920000
Agenda Item No. 16E3
October 23. 2007
Page 12 of 15
the rights of Purchaser, hereunder, shall survive Closing and are not deemed
satisfied by conveyance of title.
10.024 Any loss andlor damage to the Properly between the date of this
Agreement and the date of Closing shall be Seller's sole risk and expense.
XI. NOTICES
11.01 Any notice, request, demand, instruction or other communication to be
given to either party hereunder shall be in writing, sent by facsimile with
automated confirmation of receipt, or by registered, or certified mail, return receipt
requested, postage prepaid, addressed as follows:
If to Purchaser:
Alexandra Sulecki, Coordinator
Conservation Collier Land Acquisition Program
Collier County Facilities Department
3301 Tamiami Trail East
Naples, Florida 34112
With a copy to:
Cindy M. Erb, Senior Properly 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
If to Seller:
Alfredo Medina
2760 4th Avenue SE
Naples, FL 34117
Telephone number: 239-348-7732
Fax number:
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.
1302 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.
,
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 39957920000
Agenda Item No.1 E3
October 23. 2 07
Page 130 15
13.03 Any amendment to this Agreement shall not bind any of the parties hereof
unless such amendment is in writing and executed and dated by Purchaser and
Seller. Any amendment to this Agreement shall be binding upon Purchaser and
Seller as soon as it has been executed by both parties.
13.04 Captions and section headings contained in this Agreement are for
convenience and reference only; in no way do they define, describe, extend or
limit the scope or intent of this Agreement or any provisions hereof.
13.05 All terms and words used in this Agreement, regardless of the number and
gender in which used, shall be deemed to include any other gender or number as
the context or the use thereof may require.
13.06 No waiver of any provision of this Agreement shall be effective unless it is in
writing signed by the party against whom it is asserted, and any waiver of any
provision of this Agreement shall be applicable only to the specific instance to
which it is related and shall not be deemed to be a continuing or future waiver as
to such provision or a waiver as to any other provision.
13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal
holiday, then the date to which such reference is made shall be extended to the
next succeeding business day,
13.08 Seller is aware of and understands that the "offer" to purchase represented
by this Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida,
13,09 If the Seller holds the Property in the form of a partnership, limited
partnership, corporation, trust or any form of representative capacity whatsoever
for others, Seller shall make a written public disclosure, according to Chapter 286,
Florida Statutes, under oath, of the name and address of every person having a
beneficial interest in the Property before Property held in such capacity is
conveyed to Collier County. (If the corporation is registered with the Federal
Securities Exchange Commission or registered pursuant to Chapter 517, Florida
Statutes, whose stock is for sale to the general public, it is hereby exempt from
the provisions of Chapter 286, Florida Statutes.)
13.10 This Agreement is governed and construed in accordance with the laws of
the State of Florida.
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.
B
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 39957920000
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: '1-24-07
WITNESSES:
11M' !7J ~
(Slgna~)
t.np~ 177. &f,
(Printe Name)
dk.;~ ,.,..I~"x-
(Signature) U
.rniClMG;"'- .,4 '~~/I'rrG
(Printed Name)
Approved as to form and
legal sufficiency:
lf~tt3r'~
Jennifer A. Belp
Assistant County torney
Agenda Item NO.1 ( E3
October 23, 2 07
Page 140 15
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
JAMES COLETTA, Chairman
BY:
~/ -'
;' .. -----~..-
/ _I
,I "
/
AlFREDO MEDINA
9
EXHIBIT "A"
PROPERTY IDENTIFICATION NUMBER: 39957920000
LEGAL DESCRIPTION:
THE WEST SEVENTY FIVE (75') FEET OF THE EAST ONE
HUNDRED FIFTY (150') FEET OF TRACT 66, GOLDEN GATE
ESTATES, UNIT 65, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 5, PAGE 88, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
Agenda Item No.1 E3
October 23, 2 07
Page 150 15
Agenda Item No. 16E4
October 23, 2007
Page 1 of 3
EXECUTIVE SUMMARY
_.
Recommendation that the Board of County Commissioners award Bid 07-4188 Long Distance
Services to rQC Communications at an estimated annual cost of $51,000.
OBJECTIVE: To obtain approval from the Board of County Commissioners to award Bid 07-4188 for long
distance services to TOC Communications at an estimated annual cost of $51 ,000.
CONSIDERATIONS: Collier County posted bid 07-4188 on August 13, 2007 and sent notices to 27 firms who
provide these services. Bids were opened on August 29, 2007 and the only respondent was TOC
Communications, the current long distance provider. Staff has determined that the bid complies with the bid
specifications and, therefore, should be awarded to TOC.
FISCAL IMPACT: The estimated annual iong distance expense of $51,000 is already budgeted in cost center
budgets for FY 08.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive
Summary.
RECOMMENDATION: That the Board of County Commissioners awards Bid 07-4188 for long distance
services to TOC Communications.
PREPARED BY: John Daly, Teiecommunications Manager, DepBrtment of Information Technology
-
.-
Item Number:
Item Summary:
Meeting Date:
ragt: I VII
Agenda Item No. 16E4
October 23, 2007
Page 2 of 3
COLLIER COUNTY
BOAHO OF COUNTY COMMISSIONERS
1GE4
RecomlTlerldation 11\<:It the Board of County Commissioners award Bid 07-4188 Long
Distance Services to TOC Curnrnunicalions at an estimated annual cost of $51 ,000,
10/2::Sf2007 9:00:00 AM
PrCIJared By
John J. Daly
Administrative Services
Telecommunications Manager
Date
Informatinll Ter.hnology
10/8/20072:05:49 PM
Allprnved H)'
Barry Axelrod
Administrative Services
Information Technology Director
Date
AIJproved By
Information Technology
1018120072:25 PM
Scott Johnson
Administrative Services
Purchasing Agent
Date
Purchasing
1018/20074:11 PM
Approved By
John J. Daly
Adminir.trative Services
Telecommunications Manager
Date
Information Technology
10/10/20079:26 AM
Approved By
Steve Carnell
Administrative Services
Purchasir\ufGeneral Svcs Director
Date
PurclHlsinq
10/111200710;01 AM
Apllroved By
Mike Hauer
Administralive Services
Acquisition Manager
Date
Purchasing
10/'11120072:11 PM
Approved By
Mike Hauer
Administrative Services
Acquisition M,1l1ager
Date
PlIrchasinq
10/11/20072:12 PM
AIJIJroved By
OMS Coordinator
Administrative Services
Applications Alralyst
Date
AIJIJro\'t~d By
Informatioll Technnloqy
10/11/20072:32 PM
Laura Davisson
County Manager's Office
Management & Budgt't Analyst
Date
Office 01 MaIHHlf!lllf!1l1 & Budqet
10/12/200710;50 AM
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Date
OffiGe 01 MarHlqernenl & Budget
10/12120071:47 PM
Allproved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10/13/200712:32 PM
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Agenda Item No. 16E5
October 23, 2007
Page 1 of 15
EXECUTIVE SUMMARY
Recommendation to approve an Agreement for Sale and Purchase with Wanda E. Rickard
as Trustee of the Wanda E. Rickard Trust dated 4/12/90 for 1.14 acres under the
Conservation Collier land Acquisition Program, at a cost not to exceed $27,820.
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 Wanda E, Rickard as Trustee of the Wanda E. Rickard Trust dated
4/12/90 (Seller).
CONSIDERATIONS: On January 25, 2005, Agenda Item 100, the Board approved a
Conservation Collier Land Acquisition Advisory Committee (CCLAAC) recommended Cycle II -
Active Acquisition List, (AAL) with changes, and directed staff to actively pursue acquisition of
the properties under the Conservation Collier Program. A multi-parcel project included on the
Cycle II - AAL was a portion of Unit 65 in Golden Gate Estates (Winchester Head Multi-parcel
Project), Staff has actively pursued acquiring parcels within Unit 65, However, on September
13, 2005, Agenda Item 16 A 34, the Board accepted CCLAAC's recommendation to, due to
rising property costs, discontinue buying properties for the Winchester Head Multi-parcel Project
for 90 days. On February 14, 2006, Agenda Item 10A, the Board approved to place the
Winchester Head Multi-parcel Project on the "B" list of the Cycle III - AAL, and on January 23,
,2007, Agenda Item 10A, the Board approved the Cycle IV - AAL, once again placing the Multi-
parcel Project on the "B" list. On May 22, 2007, Agenda Item 10F, the Board approved to
reactivate the Winchester Head Multi-parcel Project, with conditions, and it was placed on the
"A" list on the current AAL.
The Winchester Head Multi Parcel Project consists of 115 parcels and a total of 167.74 acres,
To date, Conservation Collier has acquired a total of 8,88 acres consisting of 7 parcels, and the
Collier Soil and Water Conservation District has acquired 2 parcels totaling 2.28 acres,
Staff had contracted with two independent, state-certified, general real estate appraisers to
appraise all parcels within the Winchester Head Multi-parcel Project who based their analysis on
comparable sales from wetland, not upland parcels, preferably within the Winchester Head
area, The averaged appraised value for 1.14 and 1.59 acre parcels is $23,000 an acre and
parcels over 2 acres averaged $19,000 an acre.
Staff sent out 106 offer letters based on the averaged appraised values and size of parcel, and
to date, 21 have accepted our offers, 5 said they are not interested, and 14 made inquiries but
have not committed.
In fact, the Seller is one of those who are interested in selling his property. The Seller's property
contains a total of 1,14 acres and is located in Golden Gate Estates, Unit 65 (Winchester Head
Multi-parcel Project), The land cost for the 1.14 acre parcel is $26,220,
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 $131,10 in liquidated
damages,
-
Agenda Item No. 16E5
October 23, 2007
Page 2 of 15
The CCLAAC approved this transaction on October 8, 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 $27,820 ($26,220 for the
property, and approximately $1,600 for the title commitment, title policy, and recording of
documents), The funds will be withdrawn from the Conservation Collier Trust Fund (172). As of
October 8, 2007, property costs for Conservation Collier properties, including this property and
those under contract, total $62,301,483.
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; 2) Authorizes the Chairman to execute the
Agreement and any and all other County Attorney's Office approved documents related to this
transaction; 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.
PREPARED BY: Cindy Erb, Senior Property Acquisition Specialist, Real Estate Services,
Department of Facilities Management
Agenda Item No. 16E5
October 23. 2007
Page 3 of 15
Conservation Collier Land Acquisition Program
Project Design Report
Date: September 25, 2007
W1nchlllaterHsad
Acqllired Parcels. Wlllinll Sellul'5. Accepted and RejectedOffll""
Rickard Trust Parcel
1.14 acres
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Property Owner: Wanda E, Rickard as Trustee of the Wanda E. Rickard Trust dated 4/12/90
Folio(s}: 39953400003
Location: Golden Gate Estates Unit 65 E 75 FT ofW 150 FT ofTR 31 OR 1539 PG 132
Size: 1.14 acres
Appraisal/Offer Amount: $26,220
History of Project:
Received Selected for the Approved Project halted Re- Purchase Offer
application "A" category, for by BCC approved offer made to Accepted
#1 priority, on purchase for owners
the Active by BCC purchase by
Acquisition List BCC -
by CCLAAC conditionally
6/6107 12/15/04 1125105 9/12/05 2/14/06 8/27/07 9/10107
Purpose of Proiect: Conservation Collier
ProQram Qualifications:
The Winchester Head multi-parcel project, which includes the Rickard Trust property, is an
approximately 200-acre undeveloped depressional cypress head and marsh wetland located in
North Golden Gate Estates (NGGE) in Units 62 and 65. The entire site is within NGGE, a target
protection area. Three different roads, one of which is paved, can access the site and from
these roads half of the property can be viewed. The mature cypress and seasonally changing
marsh enhance the aesthetic setting of Collier County. Using aerial photographs, elevation
data, soil maps and public input, a total of 114 parcels (about 175 acres) were identified as
being important for acquisition. One important reason for the nomination of Winchester Head is
that this area functions to provide floodplain storage for surrounding home sites during high
rainy season. In fact, these types of depressional storage areas are a component of flood
Agenda Item No. 16E5
October 23, 2007
Page 4 of 15
control for the area and were included in the water management models for the Golden Gate
canal system done by the Big Cypress Basin, South Florida Water Management District. Other
criteria that would be satisfied by a purchase here include protection of surface and ground
water resources, protection of wetland dependent species habitat, good potential for restoration
and low estimated management costs. Listed plant species were observed, while a listed
wildlife species (Florida black bear) has been documented at the edges of the property. During
a March 2004 site visit, it was noted that there was significant standing water, that many birds
are using the area, and that the wetland areas are nearly free of invasive exotic plant life,
indicating good ecological value.
Proiected ManaQement Activities:
Active management of this project would not be feasible until a significant contiguous area could
be acquired. Since the area is relatively free of exotic plants, minimal control efforts consisting
of herbicide applications on exotics at the edges of owned properties may be done until a larger
area is acquired. Because of the wetland nature of the site, trails are not recommended. A
raised boardwalk would be the best public access opportunity, however, this is not proposed
until some time well into the future of the project when more parcels are acquired. Nature
photography and bird watching are two activities that can occur at present. After consideration
of risks and liability, it may be possible to allow school children to visit specific parcels as part of
an educational program about wetlands. Currently, the two roads (37th and 39th Streets NE)
provide access but the only parking is the road right-of-way. Until there are enough parcels
acquired to provide a resource destination, a visitor parking area is not necessary, but this may
be constructed in the future. Land Development Code changes have been made to allow
construction of a parking area on parcels in Estates zoning. An educational kiosk could also be
placed along one of the roads through the project. It would contain information on wetlands and
on the preservation of the area. Signs can be placed at boundaries along 37'h and 39th Sl. NW.
Minimal management activities such as trash removal can be accomplished using both
contracted and volunteer labor.
Item Number:
Item Summary:
Meeting Date:
I~age I UI I
Agenda Item No. 16E5
October 23, 2007
Page 5 of 15
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16E5
Recommendation to t:lpprove (In Agreement fur Sale and Purchase with Wanda E. Rickard as
Tru~,lee uf Ihe Wanda E. r~ickard Trust daled 4/12/90 lor 1.14 acres under the Conservation
Collier Land Acquisition Program, at a cost not to exceed $27,820
10/23/20079:00:00 AM
Prepared Hy
Cindy M. Erb
Administrative Services
Senior Property A(;quisition Specialist
Date
Allproved Hy
F<1cilities MatlRqornellt
10/8/20074:48:04 PM
Skip Camp, C.F .M.
Administrative Services
Facilities Management Director
Date
Facilities Manngement
1019/200710:02 AM
Allllrovcd By
Skip Camp, C.F.M.
Administrative Services
Facilities Management Director
Date
Facilities Management
10/9/200710:02 AM
Allprovcd By
Alexandra J. Sulecki
Administrative Services
Senior Environmental Specialist
Date
^Ilprllvcd By
Facilities MiHl<1yenH:'llt
10/9/200710:19 AM
Toni A. Mott
Administrative Services
Real Properly Supervisor
Date
Faciliti~s Maflil9pll1ent
10/9/20075:45 PM
Allprovcd By
OMB Coordinator
Administrativp Services
Applicat.ions ArHllyst
Date
lnformfltioll Technologlf
10/10/20071:06 PM
^lll)rovcd By
Laura Davisson
County Manaw~r's Office
Manag0nwnt & Budgel Analyst
Date
Oflice of Mflllilljen1e1l1 & Blldqet
10/12/20079:25 AM
Alll)rOved By
Michael Sl11ykowsld
County Manaqer's Office
Mana;jcment & Budget Director
Date
Dffj{:e of Mnna~]ellwllt & Budqet
10112/20079:45 AM
AIlI)ro\-'etl By
James V. Mudd
Board of COllnty
Commissioners
County M,mayur
Date
County Manager's OHice
10/14/200711:46 AM
CONSERVATION COLL:ER
TAX IDEN~IFICATION K~~BER: 39953400003
.ilgenda Item No. 16E5
October 23, 2007
Page 6 of 15
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between WANDA E, RICKARD
AS TRUSTEE OF THE WANDA E. RICKARD TRUST dated 4/12/90, whose address is
12492 Kelly Pines Court, Fort Myers, FL 33908-5929, (hereinafter referred to as
"Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its
successors and assigns, whose address is 3301 Tamiami Trail East, Naples, FL
34112, (hereinafter referred to as "Purchaser").
WITNESSETH
WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter
referred to as "Property"), located in Collier County, State of Florida, and being more
particularly described in Exhibit "A", attached hereto and made a part hereof by
reference.
WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions
and other agreements hereinafter set forth, and Seller is agreeable to such sale and to
such conditions and agreements.
NOW, THEREFORE, and for and in consideration of the premises and the respective
undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00),
the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows:
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 Twenty
Six Thousand Two Hundred Twenty Dollars and 00/100 dollars ($26,220.00), (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 followin9 execution of this Agreement by the Purchaser, unless
extended by mutual written agreement of the parties hereto. The Closin9 shall be
held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami
Trail East, Naples, Florida. The procedure to be followed by the parties in
connection with the Closing shall be as follows:
3.011 Seller shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications. Marketable title shall be determined according to
applicable title standards adopted by the Florida Bar and in accordance with
law. At the Closing, the Seller shall cause to be delivered to the Purchaser
the items specified herein and the following documents and instruments duly
executed and acknowledged, in recordable form:
3.0111 Warranty Deed in favor of Purchaser conveying title to the
Property, free and clear of all liens and encumbrances other than:
(a) The lien for current taxes and assessments.
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 39953400003
Agenda Item No. 16E5
October 23, 2007
Page 7 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 Service.
3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to
the Seller the following:
3.0121 A negotiable instrument (County Warrant) in an amount equal to
the Purchase Price. No funds shall be disbursed to Seller until the Title
Company verifies that the state of the title to the Property has not
changed adversely since the date of the last endorsement to the
commitment, referenced in Section 4.011 thereto, and the Title
Company is irrevocably committed to pay the Purchase Price to Seller
and to issue the Owner's title policy to Purchaser in accordance with the
commitment immediately after the recording of the deed.
3.0122 Funds payable to the Seller representing the cash payment due
at Closing in accordance with Article III hereof, shall be subject to
adjustment for prorations as hereinafter set forth.
3.02 Each party shall be responsible for payment of its own attorney's fees, Seller,
at its sole cost and expense, shall pay at Closing all documentary stamp taxes due
relating to the recording of the Warranty Deed, in accordance with Chapter 201.01,
Florida Statutes, and the cost of recording any instruments necessary to clear
Seller's title to the Property. The cost of the Owner's Form 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 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 T A 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 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.
2
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER; 39953400003
Agenda Item No. 15E5
October 23, 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 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
Fiorida. No adjustments to the Purchase Price shall be made based upon any
change to the total acreage referenced in Exhibit "A," unless the difference in
acreage revealed by survey exceeds 5% of the overall acreage. If the survey
provided by Seller or obtained by Purchaser, as certified by a registered
Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an
improvement located on the Property projects onto lands of others, or (c) lack
of legal access to a public roadway, the Purchaser shall notify the Seller in
writing of such encroachment, projection, or lack of legal access, and Seller
shall have the option of curing said encroachment or projection, or obtaining
legal access to the Property from a public roadway, within sixty (60) days of
receipt of said written notice from Purchaser. Purchaser shall have ninety (90)
days from the effective date of this Agreement to notify Seller of any such
objections. Should Seller eiect 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
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 specific objections as provided herein within the Inspection Period,
3
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 39953400003
Agenda Item No. 16E5
October 23, 2007
Page 9 of 15
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 eiects 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 resuits 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 anaiyses, soil borings and all other necessary investigation.
Purchaser shall, in performing such tests, use due care. 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 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 payabie, after closing on the Property, shall
be prorated at Closing based upon the gross amount of 2007 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. 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 faiis 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 defauit, then as Seller's sole remedy,
Seller shall have the right to terminate and cancel this Agreement by giving written
notice thereof to Purchaser, whereupon one-half percent (1/2%) of the purchase
price shall be paid to Seller as liquidated damages which shall be Seller's sole
and exclusive remedy, and neither party shall have any further liability or
obligation to the other except as set forth in paragraph 12.01, (Real Estate
Brokers), hereof. The parties acknowledge and agree that Seller's actual
damages in the event of Purchaser's default are uncertain in amount and difficult
to ascertain, and that said amount of liquidated damages was reasonably
determined by mutual agreement between the parties, and said sum was not
intended to be a penalty in nature,
9.03 The parties acknowledge that the remedies described herein and in the
other provisions of this Agreement provide mutually satisfactory and sufficient
remedies to each of the parties, and take into account the peculiar risks and
expenses of each of the parties.
4
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 39953400003
Agenda Item No. 16E5
October 23. 2007
Page 10 of 15
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 instrumentality that relate to this agreement or any other
property that could, if continued, adversely affect Seller's ability to sell the
Property to Purchaser according to the terms of this Agreement.
10.015 No party or person other than Purchaser has any right or option to
acquire the Property or any portion thereof.
10.016 Until the date fixed for Closing, so long as this Agreement remains in
force and effect, Seller shall not encumber or convey any portion of the
Property or any rights therein, nor enter into any agreements granting any
person or entity any rights With respect to the Property or any part thereof,
without first obtaining the wrrtten consent of Purchaser to such conveyance,
encumbrance, or agreement which consent may be withheld by Purchaser for
any reason whatsoever.
10.017 Seller represents that there are no incinerators, septic tanks or
cesspools on the Property; all waste, if any, is discharged Into a public sanitary
sewer system; Seller represents that they have (it has) no knowledge that any
pollutants are or have been discharged from the Property, directly or indirectly
into any body of water. Seller represents the Property has not been used for
the production, handling, storage, transportation, manufacture or disposal of
hazardous or toxic substances or wastes, as such terms are defined in
applicable laws and regulations, or any other activity that would have toxic
results, and no such hazardous or toxic substances are currently used in
connection with the operation of the Property, and there is no proceeding or
inquiry by any authority with respect thereto. Seller represents that they have
(it has) no knowledge that there is ground water contamination on the Property
or potential of ground water contamination from neighboring properties. Seller
represents no storage tanks for gasoline or any other substances are or were
located on the Property at any time during or prior to Seller's ownership
thereof. Seller represents none of the Property has been used as a sanitary
landfill.
10.018 Seller has no knowledge that the Property and Seller's operations
concerning the Property are in violation of any applicable Federal, State or
5
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 39953400003
Agenda Item No. 16E5
October 23, 2007
Page 11 of 15
local statute, law or regulation, or of any notice from any governmental body
has been served upon Seller claiming any violation of any iaw, 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 Selier 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.
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
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.
6
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 39953400003
Agenda Item No. 16E5
October 23, 2007
Page 12 of 15
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 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
Wanda E, Rickard, Trustee
12492 Kelly Pines Court
Fort Myers, Florida 33908-5929
Telephone number: AJ 1/1
Fax number: AlI/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 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.
1303 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.
7
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 39953400003
Agenda Item No. 16E5
October 23. 2007
Page 13 of 15
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 Properly in the form of a partnership, limited
partnership, corporation, trust or any form of representative capacity whatsoever
for others, Seller shall make a written public disclosure, according to Chapter 286,
Florida Statutes, under oath, of the name and address of every person having a
beneficial interest in the Property before Property held in such capacity is
conveyed to Collier County. (If the corporation is registered with the Federal
Securities Exchange Commission or registered pursuant to Chapter 517, Florida
Statutes, whose stock is for sale to the general public, it is hereby exempt from
the provisions of Chapter 286, Florida Statutes.)
13.10 This Agreement is governed and construed in accordance with the laws of
the State of Florida.
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.
IN WITNESS WHE REOF, 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
BY:
JAMES COLETTA, Chairman
, Deputy Clerk
,
ctlRSllRVATIQR COI.l.U2
TAX :IDEllTIPICATI<B lUIItBER.; ]"53400003
,.
AS TO SEllEh. ~
DATED: 1; I 07
WITNESSES: /
CJ}il4ui
. )
:.T QIt1es 1;.. t"a;j V-
(PrinlBd Name)
(S~'1""'re)
H-fr6e
(PrinlBd Name)
Approved as to form _
legal sulliciency.
~~~,o
Assistant AttDmey
Agenda Item No. 16E5
October 23. 2007
Page 14 of 15
BY: w~,~
WANDA E. RICKARD. 81 Trustee
afthe Wanda E. Rickard Trust
daled "'12190
.
EXHIBIT "An
PROPERTY IDENTIFICATION NUMBER: 39953400003
LEGAL DESCRIPTION:
THE EAST SEVENTY FIVE (75') FEET OF THE WEST ONE
HUNDRED FIFTY (150') FEET OF TRACT 31, GOLDEN GATE
ESTATES, UNIT 65, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 5, PAGE 88, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
Agenda Item NO.1 E5
October 23, 2 07
Page 150 15
Agenda Item No. 16E6
October 23, 2007
Page 1 of 16
--
EXECUTIVE SUMMARY
Recommendation to approve an Agreement for Sale and Purchase with Peggy S. Cisko,
and John Cisko, who is the Personal Representative of the Estate of Frederick Anthony
Cisko, deceased, for 1.59 acres under the Conservation Collier Land Acquisition
Program, at a cost not to exceed $38,170.
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 Peggy S. Cisko, and John Cisko, who is the Personal
Representative of the Estate of Frederick Anthony Cisko, deceased, (Sellers),
CONSIDERATIONS: On January 25, 2005, Agenda Item 100, the Board approved a
Conservation Collier Land Acquisition Advisory Committee (CCLAAC) recommended Cycle II -
Active Acquisition List, (AAL) with changes. and directed staff to actively pursue acquisition of
the properties under the Conservation Collier Program. A multi-parcel project included on the
Cycle II - AAL was a portion of Unit 65 in Golden Gate Estates (Winchester Head Multi-parcel
Project). Staff has actively pursued acquiring parcels within Unit 65, However, on September
13, 2005, Agenda Item 16 A 34, the Board accepted CCLAAC's recommendation to, due to
rising property costs, discontinue buying properties for the Winchester Head Multi-parcel Project
for 90 days, On February 14, 2006, Agenda Item 10A, the Board approved to place the
Winchester Head Multi-parcel Project on the "B" list of the Cycle III - AAL, and on January 23,
2007, Agenda Item 10A, the Board approved the Cycle IV - AAL, once again placing the Multi-
parcel Project on the "B" list. On May 22, 2007, Agenda Item 10F, the Board approved to
,- reactivate the Winchester Head Multi-parcel Project, with conditions, and it was placed on the
"A" list on the current AAL.
The Winchester Head Multi Parcel Project consists of 115 parcels and a total of 167.74 acres,
To date, Conservation Collier has acquired a total of 8,88 acres consisting of 7 parcels, and the
Collier Soil and Water Conservation District has acquired 2 parcels totaling 2,28 acres,
Staff had contracted with two independent, state-certified, general real estate appraisers to
appraise all parcels within the Winchester Head Multi-parcel Project who based their analysis on
comparable sales from wetland, not upland parcels, preferably within the Winchester Head
area. The averaged appraised value for 1.14 and 1.59 acre parcels is $23,000 an acre and
parcels over 2 acres averaged $19,000 an acre.
Staff sent out 106 offer letters based on the averaged appraised values and size of parcel, and
to date, 21 have accepted our offers, 5 said they are not interested, and 14 made inquiries but
have not committed.
In fact, the Sellers are one of those who are interested in selling their property, The Sellers'
property contains a total of 1.59 acres and is located in Golden Gate Estates, Unit 65
(Winchester Head Multi-parcel Project). The land cost for the 1.59 acre parcel is $36,570,
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 $182.85 in
liquidated damages.
,-
Agenda Item No. 16E6
October 23. 2007
Page 2 of 16
The CCLAAC approved this transaction on October 8, 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 $38,170 ($36,570 for the
property, and approximately $1,600 for the title commitment, title policy, and recording of
documents), The funds will be withdrawn from the Conservation Collier Trust Fund (172). As of
October 8, 2007, property costs for Conservation Collier properties, including this property and
those under contract, total $62,301,483.
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; 2) Authorizes the Chairman to execute the
Agreement and any and all other County Attorney's Office approved documents related to this
transaction; 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.
PREPARED BY: Cindy Erb, Senior Property Acquisition Specialist, Real Estate Services,
Department of Facilities Management
Agenda Item No. 16E6
October 23, 2007
Page 3 of 16
Conservation Collier Land Acquisition Program
Project Design Report
Date: September 27, 2007
Winch8tlterHead
Acquired Parcetl, Willing Sellen>, Accepted and Rejected Offlln
Cisko Estate Parcel
1.59 acres
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Property Owner: Peggy S. Cisko and Frederick A. Cisko Estate
Folio/s): 39953440005
Location: Golden Gate Estates Unit 65 E1 05 ft. of Tract 31
Size: 1.59 acres
Appraisal/Offer Amount: $36,570
History of Proiect:
Received Selected for the Approved Project halted Re-approved Purchase Offer
application "A" category, for by BCC for purchase offer made to Accepted
#1 priority, on purchase by BeC - owners
the Active by BeC conditionally
Acquisition
List by
CCLAAC
N/A ]2/15/04 ]/25/05 9/12/05 2/14/06 8/30/07 9/25/07
Purpose of Proiect: Conservation Collier
ProQram Qualifications:
The Winchester Head multi-parcel project, which includes the Cisko Estate property, is an
approximately 200-acre undeveloped depressional cypress head and marsh wetland located in
North Golden Gate Estates (NGGE) in Units 62 and 65, The entire site is within NGGE, a target
protection area. Three different roads, one of which is paved, can access the site and from
these roads half of the property can be viewed. The mature cypress and seasonally changing
marsh enhance the aesthetic setting of Collier County, Using aerial photographs, elevation
data, soil maps and public input, a total of 114 parcels (about 175 acres) were identified as
being important for acquisition. One important reason for the nomination of Winchester Head is
Agenda Item No. 16;::6
October 23. 2007
Page 4 of 16
that this area functions to provide floodplain storage for surrounding home sites during high
rainy season. In fact, these types of depressional storage areas are a component of flood
control for the area and were included in the water management models for the Golden Gate
canal system done by the Big Cypress Basin, South Florida Water Management District. Other
criteria that would be satisfied by a purchase here include protection of surface and ground
water resources, protection of wetland dependent species habitat, good potential for restoration
and low estimated management costs. Listed plant species were observed, while a listed
wildlife species (Florida black bear) has been documented at the edges of the property. During
a March 2004 site visit, it was noted that there was significant standing water, that many birds
are using the area, and that the wetland areas are nearly free of invasive exotic plant life,
indicating good ecological value.
Proiected ManaQement Activities:
Active management of this project would not be feasible until a significant contiguous area could
be acquired. Since the area is relatively free of exotic plants, minimal control efforts consisting
of herbicide applications on exotics at the edges of owned properties may be done until a larger
area is acquired. Because of the wetland nature of the site, trails are not recommended. A
raised boardwalk would be the best public access opportunity, however, this is not proposed
until some time well into the future of the project when more parcels are acquired. Nature
photography and bird watching are two activities that can occur at present. After consideration
of risks and liability, it may be possible to allow school children to visit specific parcels as part of
an educational program about wetlands. Currently, the two roads (37th and 39th Streets NE)
provide access but the only parking is the road right-of-way. Until there are enough parcels
acquired to provide a resource destination, a visitor parking area is not necessary, but this may
be constructed in the future. land Development Code changes have been made to allow
construction of a parking area on parcels in Estates zoning. An educational kiosk could also be
placed along one of the roads through the project. It would contain information on wetlands and
on the preservation of the area. Signs can be placed at boundaries along 37th and 39th St. NW.
Minimal management activities such as trash removal can be accomplished using both
contracted and volunteer labor.
Item Number:
Item Summary:
Meeting Date:
Page J ot I
Agenda Item No. 16E6
October 23, 2007
Page 5 of 16
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1GEG
Recommendation to approve an Agreement for Sale and Purchase with Peggy S Cisko, and
.John Clsko, who is lhe Personal Representative of the Estate of Frederick Anthony Cisko.
deceased. 101'159 acres under the Conservation Collier Land Acquisition Program, at a cost
not to exceed $38,170
10123/2U07 9:000U AM
Prepared By
Cindy M. Erb
Administrative Services
Senior Property Acquisition Specialist
Date
AI)I)roved By
Facilities Man<lgelllent
10/9/20078:12:30 AM
Skip Camp, C.F.M.
Administrative Services
Facilities Management Director
Date
Facilities Mani'lgetlHHlt
10/9120079:33 AM
^Ilprovcd By
Skip Camp, C.F.M.
Administrative Services
Facilities M.ll1afJement Director
Date
Fadlilip.s Mal1i'lgement
10/9/20079:33 AM
Approved By
Alexandra J. Sulecki
Administrative Services
Senior Envirollmental Specialist
Date
Approved By
Facilities Mallilgement
10/9/200710:20 AM
Toni A. Mott
Administrative Services
Real Property Supervisor
Date
Facilities Management
10/9120076:14 PM
Approved By
OMS Coordinator
Administrative Services
Applit:ations Analyst
Date
Information Technoloqy
10/10120071 :07 PM
Allproved By
Laura Davisson
County Malli1qer's Office
Management & Budqet Analyst
Date
Office of ManayellH'1l1 & BurJqet
10/111200712:05 PM
Apllruved By
Michael Smykowski
Coullty Milnaner's Offico
Managem~llt & Budget Director
Date
Office> of Mfln;:HjeflH'lll & Bllrlqet
10/12/20078:55 AM
AI)proved By
James V. Mudd
Board of County
Commissioners
County ManClger
Date
County Manager's Office
10/16/20078:00 PM
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 39953440005
Agenda Item No. 16E6
Proporo. By: 0 t b 23 2007
Jennifer A, Belpedlo, ean"lr. caper 6 f 16
Office of the County IH:',,:,~y age 0
3301 East Tamlarn! rr,:;'i!
Naples, FlorIda :34'j: 2-
(239) 774-840,0
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between PEGGY S. CISKO, as
to an undivided one-half interest, and JOHN CISKO, PERSONAL
REPRESENTATIVE OF THE ESTATE OF FREDERICK ANTHONY CISKO,
DECEASED, as to an undivided one-half interest, whose address is 411 14th
Avenue NE, Naples, FL 34120-2312, (hereinafter referred to as "Seller"), and
COLLIER COUNTY, a political subdivision of the State of Florida, its successors and
assigns, whose address is 3301 Tamiami Trail East, Naples, FL 34112, (hereinafter
referred to as "Purchaser").
WITNESSETH
WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter
referred to as "Property"), located in Collier County, State of Florida, and being more
particularly described in Exhibit "A", attached hereto and made a part hereof by
reference.
WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions
and other agreements hereinafter set forth, and Seller is agreeable to such sale and to
such conditions and agreements.
NOW, THEREFORE, and for and in consideration of the premises and the respective
undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00),
the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows:
I. AGREEMENT
101 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
22.01 The purchase price (the "Purchase Price") for the Property shall be Thirty
Six Thousand Five Hundred Seventy Dollars and 00/100 dollars ($36,570.00),
(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
heid at the Collier County Attorney's Office, Administration Building, 3301 Tamiami
Trail East, Naples, Florida. The procedure to be followed by the parties in
connection with the Closing shall be as follows:
3.011 Seller shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications. Marketable title shall be determined according to
applicable title standards adopted by the Florida Bar and in accordance with
law. At the Closing, the Seller shall cause to be delivered to the Purchaser
the items specified herein and the following documents and instruments duly
executed and acknowledged, in recordable form:
3.0111 Warranty Deed in favor of Purchaser conveying title to the
Property, free and clear of all liens and encumbrances other than:
1
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 39953440005
Agenda Item No. 16E6
October 23. 2007
Page 7 of 16
(a) The lien for current taxes and assessments,
(b) Such other easements, restrictions or conditions of record.
3.0112 Combined Purchaser-Selier 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 Selier the foliowing:
3.0121 A negotiable instrument (County Warrant) in an amount equal to
the Purchase Price. No funds shali be disbursed to Seller until the Title
Company verifies that the state of the title to the Property has not
changed adverseiy 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 Selier
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, shali be subject to
adjustment for prorations as hereinafter set forth.
302 Each party shali be responsible for payment of its own attorney's fees, Selier,
at its sole cost and expense, shali pay at Closing ali 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
Selier'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, shali be paid by
Purchaser. The cost of the title commitment shali also be paid by Purchaser.
3.03 Purchaser shali pay for the cost of recording the Warranty Deed. Real
Property taxes shali be prorated based on the current year's tax with due
aliowance made for maximum allowable discount, homestead and any other
applicable exemptions and paid by Selier. If Closing occurs at a date which the
current year's miliage 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 Selier, as the case may be, shali
perform the foliowing within the times stated, which shall be conditions precedent
to the Closing;
4.011 Within fifteen (15) days after the date hereof, Purchaser shali obtain as
evidence of title an AL TA 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 obligations, if any,
which obligations shali be paid at closing. If the title commitment contains
exceptions that make the title unmarketable, Purchaser shali deliver to the
Seller written notice of its intention to waive the applicable contingencies or to
terminate this Agreement.
,
CONSERVATION COLL:ER
TAX IDENTIFICATION NUMBER: 39953440005
Agenda Item No. 16E6
October 23, 2007
Page 8 of 16
4.012 If Purchaser shall fail to advise the Seller in writing of any such
objections in Seller's title in the manner herein required by this Agreement, the
title shall be deemed acceptable. Upon notification of Purchaser's objection to
title, Seller shall have thirty (30) days to remedy any defects in order to convey
good and marketable title, except for liens or monetary obligations which will
be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to
make such title good and marketable. In the event Seller is unable to cure
said objections within said time period, Purchaser, by providing written notice
to Seller within seven (7) days after expiration of said thirty (30) day period,
may accept title as it then is, waiving any objection; or Purchaser may
terminate the Agreement. A failure by Purchaser to give such written notice of
termination within the time period provided herein shall be deemed an election
by Purchaser to accept the exceptions to title as shown in the title
commitment.
4.013 Seller agrees to furnish any existing surveys of the Property in Seller's
possession to Purchaser within 10 (ten) days of the effective date of this
Agreement. Purchaser shall have the option, at its own expense, to obtain a
current survey of the Property prepared by a surveyor licensed by the State of
Florida. No adjustments to the Purchase Price shall be made based upon any
change to the total acreage referenced in Exhibit "A," unless the difference in
acreage revealed by survey exceeds 5% of the overall acreage. If the survey
provided by Seller or obtained by Purchaser, as certified by a registered
Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an
improvement located on the Property projects onto lands of others, or (c) lack
of legal access to a public roadway, the Purchaser shall notify the Seller in
writing of such encroachment, projection, or lack of legal access, and Seller
shall have the option of curing said encroachment or projection, or obtaining
legal access to the Property from a public roadway, within sixty (60) days of
receipt of said written notice from Purchaser. Purchaser shall have ninety (90)
days from the effective date of this Agreement to notify Seller of any such
objections. Should Seller elect not to or be unable to remove the
encroachment, projection, or provide legal access to the property within said
sixty (60) day period, Purchaser, by providing written notice to Seller Within
seven (7) days after expiration of said sixty (60) day period, may accept the
Property as it then is, waiving any objection to the encroachment, or
projection, or lack of legal access, or Purchaser may terminate the Agreement.
A failure by Purchaser to give such written notice of termination within the time
period provided herein shall be deemed an election by Purchaser to accept the
Property with the encroachment, or projection, or lack of legal access.
v. INSPECTION PERIOD
501 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 stud les 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 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
3
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 39953440005
Agenda Item No. 16E6
October 23. 2007
Page 9 of 16
in writing of its specific objections as provided herein within the Inspection Period,
it shall be deemed that the Purchaser is satisfied with the results of its
investigations and the contingencies of this Article V shall be deemed waived. In
the event Purchaser elects to terminate this Agreement because of the right of
inspection, Purchaser shall deliver to Seller copies of all engineering reports and
environmental and soil testing results commissioned by Purchaser with respect to
the Property.
5.03 Purchaser and its agents, employees and servants shall, at their own risk and
expense, have the right to go upon the Property for the purpose of surveying and
conducting site anaiyses, soil borings and all other necessary investigation.
Purchaser shall, in performing such tests, use due care. 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 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 2007 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 giving written notice of termination to Seller. Purchaser shall have
the right to seek and enforce all rights and remedies available at law or in equity
to a contract vendee, including the right to seek specific performance of this
Agreement.
9.02 If the Purchaser has not terminated this Agreement pursuant to any of the
provisions authorizing such termination, and Purchaser fails to close the
transaction contemplated hereby or otherwise fails to perform any of the terms,
covenants and conditions of this Agreement as required on the part of Purchaser
to be performed, provided Seller is not in default, then as Seller's sole remedy,
Seller shall have the right to terminate and cancel this Agreement by giving written
notice thereof to Purchaser, whereupon one-half percent (1/2%) of the purchase
price shall be paid to Seller as liquidated damages which shall be Seller's sole
and exclusive remedy, and neither party shall have any further liability or
obligation to the other except as set forth in paragraph 12.01, (Real Estate
Brokers), hereof, The parties acknowledge and agree that Seller's actual
damages in the event of Purchaser's default are uncertain in amount and difficult
to ascertain, and that said amount of liquidated damages was reasonably
determined by mutual agreement between the parties, and said sum was not
intended to be a penalty in nature,
9.03 The parties acknowledge that the remedies described herein and in the
other provisions of this Agreement provide mutually satisfactory and sufficient
remedies to each of the parties, and take into account the peculiar risks and
expenses of each of the parties,
4
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 39953440005
Agenda Item No. 16E6
October 23. 2007
Page 10 of 16
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
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 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, 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 shall not encumber or convey any portion of the
Property or any rights therein, nor enter into any agreements granting any
person or entity any rights with respect to the Property or any part thereof,
without first obtaining the written consent of Purchaser to such conveyance,
encumbrance, or agreement which consent may be withheld by Purchaser for
any reason whatsoever.
10.017 Seller represents that there are no incinerators, septic tanks or
cesspools on the Property; all waste, if any, is discharged into a public sanitary
sewer system; Seller represents that they have (it has) no knowledge that any
pollutants are or have been discharged from the Property, directly or indirectly
into any body of water. Seller represents the Property has not been used for
the production, handling, storage, transportation, manufacture or disposal of
hazardous or toxic substances or wastes, as such terms are defined in
applicable laws and regulations, or any other activity that would have toxic
results, and no such hazardous or toxic substances are currently used in
connection with the operation of the Property, and there is no proceeding or
inquiry by any authority with respect thereto. Seller represents that they have
(it has) no knowledge that there is ground water contamination on the Property
or potential of ground water contamination from neighboring properties. Seller
represents no storage tanks for gasoline or any other substances are or were
located on the Property at any time during or prior to Seller's ownership
thereof. Seller represents none of the Property has been used as a sanitary
landfill.
5
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 39953440005
Agenda Item No. 16E6
October 23, 2007
Page 11 of 16
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, aiterations 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 knowiedge 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 governmentai
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.
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 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 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
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,
6
I
Agenda Item NO.1 clE6
October 23, 2007
Page 12 0116
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 39953440005
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 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
John Cisko, Personal Representative of Frederick
Anthon~ Cisko Estate
411 14' Avenue NE
Naples, Florida 34120-2312
Telephone number:
Fax number:
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 conslltute 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.
7
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 39953440005
Agenda Item No, 1 E6
October 23, 2 07
Page 130 16
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 rt 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, Iimrted
partnership, corporation, trust or any form of representative capacrty 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
Securrties Exchange Commission or registered pursuant to Chapter 517, Florida
Statutes, whose stock is for sale to the general public, rt 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 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.
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
BY:
JAMES COLETTA, Chairman
, Deputy Clerk
6
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 39953440005
AS TO SELLER:
DATED:~
WITNESSES:
c ' -'
(Sign~
'7/J. rf~
r;,/>~ /l7. ~rb
(Printed N e)
h~q,.
In\.JY! 0 -'l ~a.A )
Signat )
o LJE:- Ji m Z mnv/"f/IQ.Jl
(Printed Name)
Agenda Item No. 16E6
October 23. 2007
Page 14 of 16
BY ~tt.J CalL>-
P . ISKO
9
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 39953440005
AS TO SELLER:
DATED: \0 ft-\ /01
WITNESSES:
f1J,.i5~1J.:. /
(Signature)
c1~ 11. 511nff
(Printe Name)
~
( n ture)
DLilO "3, 1;e[Y'CFC-
(Printed Name)
Approved as to form and
legal sufficiency:
Agenda Item No. 16E6
October 23. 2007
Page 15 of 16
BY:
JOHN ISKO, PERSONAL REPRESENTATIVE
OF ESTATE OF FREDERICK ANTHONY
CISKO, DECEASED
EXHIBIT "A"
PROPERTY IDENTIFICATION NUMBER: 39953440005
LEGAL DESCRIPTION:
THE EAST ONE HUNDRED FIVE (105') FEET OF TRACT 31,
GOLDEN GATE ESTATES, UNIT 65, ACCORDING TO THE PLAT
THEREOF, RECORDED IN PLAT BOOK 5, PAGE 88, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
Agenda Item No. 16E6
October 23, 2007
Page 16 of 16
Agenda Item No. 16E7
October 23, 2007
Page 1 of 4
Executive Summary
Recommendation to award Bid #07-4194 for the purchase of "Paint & Related
Items" to Sunshine Ace Hardware, Inc. and Scott Paint Company.
OBJECTIVE: To obtain approval from the Board of County Commissioners to award Bid #07-
4194 to Sunshine Ace Hardware, Inc, and Scott Paint Company as multiple awardees for Collier
County.
CONSIDERATIONS: The Department of Facilities Management is responsible for the
maintenance and repair of County-owned structures,
On August 23, 2007, the Purchasing Department solicited bids to contract the purchase of paint
and related items. Selection was made based on a percentage of discounts for specified
categories. Twenty-one notices were sent out, twenty-six packages were requested and two (2)
qualified bids were received. Staff recommends award as per the published formula in the bid
document to the two (2) qualified bidders (see the attached tabulation sheet).
Multiple vendors were chosen for this award based on location of remote facilities and the
necessity to match existing paint within certain facilities, Whenever possible, the vendor with the
greater discount will be utilized first to maintain competitive pricing for those services.
-
FISCAL IMPACT: Facilities Management purchases approximately $65,000 annually in paint
and related items. Funds are budgeted in Facilities Management, Fund 001, Cost Center
122240.
GROWTH MANAGEMENT: There IS no growth management impact associated with this
Executive Summary,
RECOMMENDATION: That the Board of County Commissioners awards Bid #07-4194 "Paint
& Related Items" to Sunshine Ace Hardware, Inc and Scott Paint Company as multiple vendors,
as addressed within this summary.
PREPARED BY: Damon Gonzales, Facilities Manager, Department of Facilities Management
--
Item Number:
Item Summary:
Meeting Date:
I ubI., , \)1 I
Agenda Item No. 16E7
October 23, 2007
Page 2 of 4
COLLIER COUNTY
BOARD OF COONTY COMMISSIONERS
16L7
f\ecoll1lnendlllion to award Bid #07 -4194 for the purchase of Paint & Related Items \0
Sunshine Ace Hmdware Inc [lrld Scott Paint Company.
1 Ul2:1/2007 900:UO AM
Prepared H)'
Damon Gonzales
Administrative Serviens
Interim FacUities Manager
Date
Approved By
Facililie5 MilllfHlemen!
1019/20078:59:30 AM
Skip Camp, C.F.M
Administrative Services
Facilities Management Director
Date
Facilitie!; Management
10/9/20079:28 AM
AIJproved By
Skip CamlJ, C.F.M.
Administrative Services
Facilities Management Director
Date
Facilities Mana!llHnenl
10/9/20079:28 AM
Approved By
Damon Gonzales
Administrative Services
Interim Facilities Mamlyer
Date
AIJllroved By
Facilities Managemf>llt
10/9/200710:57 AM
Scott Johnson
AdminIstrative Services
Purchasing Agent
Date
Purcl1asill!J
10/9/20072:34 PM
AlllJrOved Ily
Mike Hauer
Administrative Services
Acquisition Manager
Date
Approved By
Purchasing
10/9/20073:07 PM
Mike Hauer
Administrative Services
Acquisition Manager
Date
Purchasing
10/9/20073:07 PM
Allproved By
OMB Coordinator
Administrative Services
Applications Analyst
Date
Infonnation Technology
10/10120071:05 PM
AIJproved By
Laura Davisson
County Manaqer's Office
Management & Budget Analyst
Date
Office of Mal1ilqement & Budget
10/10/20071:40 PM
Apllroved lIy
Michael Smykowski
County Manager's Office
Manaw;'m8nt & Budget Director
Date
Office of Mallagmnent & Blldget
10/10/20074:14 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10/11/200711:51 AM
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Agenda Item No. 16E8
October 23, 2007
Page 1 of 23
EXECUTIVE SUMMARY
Recommendation to award Bid #07-4140 "File Retrieval I Retention Service" to
Robert Flinn Records Center.
OBJECTIVE: To obtain approval from the Board of County Commissioners to award Bid #07-
4140 "File Retrieval! Retention Service" to Robert Flinn Records Center.
CONSIDERATIONS: Collier County currently utilizes file retention and retrieval services for
approximately 13,000 containers and over 16,000 cubic feet of space. Through the competitive
bid process, private vendors are solicited to submit bids providing the needed services,
On August 21, 2007, the Purchasing Department solicited bids for services of file retrieval!
retention services, Ten (10) notices were sent out, seventeen (17) packages were requested
and two (2) qualified bids were received. Staff is recommending award by lowest bidder to
Robert Flinn Records Center.
FISCAL IMPACT: File retrieval! retention services average $67,000 annually, Funds are
budgeted in the respective Departments' cost centers.
GROWTH MANAGEMENT: There is no growth management impact associated with this
Executive Summary.
RECOMMENDATION: That the Board of Collier County Commissioners awards Bid #07-4140
"File Retrieval! Retention Service" to Robert Flinn Records Center.
PREPARED BY: Damon Gonzales, Facilities Manager, Department of Facilities Management
-
Item Number:
Item Summary:
Meeting Date:
''''0.... , U' I
Agenda Item No. 16E8
Oclober 23, 2007
Page 2 of 23
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1GE8
f:;;ecotnll1emlC1liofl to award Bid #07 -4140 File Rell'ievall Retention Service to Robert Flinn
Records Centel
1 0/23/2007 ~U)():OO AM
hepared By
Damon Gonzales
Administrative Services
Interim Facilities Manager
Date
Allprovcd B)"
F~eililies MiHlagp.ment
10/9/2007 9~05:20 AM
Damoll Gonzales
Administriltive Services
Interim Facilities Manager
Date
Facilities MRna~j1~ment
10/9f2007 10:59 AM
Apllroved By
Scott Johnson
Administrative Services
Purchasing Ayenl
Date
Pllrchasinq
10/9/20072:32 PM
AIJproved B)"
Mike Hauer
Administrative Services
Acquisition Manager
Date
Approved By
Purchasing
10/9/20073:01 PM
Mike Hauer
Administrative Services
Acquisition Manager
Date
PurclHlsing
10/9/20073:01 PM
Allllroved By
Skip Camp, C.F.M.
Administrative Services
Facilities Management Director
Date
Facilities ManaHernellt
10/10/20078:55 AM
Approved By
Skip Camp, C.F.M.
Administrative Services
Facilities Management Director
Date
Facililies Manaqerm!l1t
10/10/20078:55 AM
Approved Hy
OMS Coordinator
Administrative Services
Applications Analysl
Date
Approved Dy
lnfonniltioll TecllllOlogy
10/10/20071:11 PM
Laura Davisson
County Manager's Oflice
Management & Budget Analyst
Date
Office of Mallaqernent & Budget
10/16/200712:25 PM
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Date
Apllroved By
Office of Management & Budget
10/16/20072:36 PM
James V. Mudd
Board of County
Commissioners
COLlnty Manager
Date
County Manager's Office
10/17/20079:19 AM
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Bid No. 07-4140 - File Retrieval! Retention Service
i\qenda Item 1'10. 16E8
. October 23 2007
Page 9 Page 5 of 23
THIS SHEET MUST BE SIGNED BY VENDOR
Board of County Commissioners
Collier County, Florida
Purchasing Department
OR/GINAl
BIDDERS CHECK LIST
IMP 0 R TAN T: Please read carefulty, sign in the spaces indicated and.mt!!!!l with your bid proposal.
Bidder should check off each of the 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 literature, etc. have been included.
6. Any delivery information required is included,
7. If reauired, 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 341 12
10. The mailing envelope must be sealed and marked with
Bid Number;
Bid Title;
Opening Date
11. The bid will be mailed or delivered in time to be received no later than the specified ooenina date and time. (Otherwise
bid cannot be considered)
ALL COURIER DELIVERED BIDS/RFPS MUST HAVE THE BIDIRFP NUMBER AND TITLE ON THE OUTSIDE OF THE
COURIER PACKET.
Robert Flinn Records Center
President
n ture & Title
'(,/29/07
Date I
Bid No. 07-4140 - File Retrieval! Retention Service
Agenda Item No. 16E8
October 23. 2007
Page 10 Page 6 of 23
(~
BID RESPONSE
FROM: Robert Flinn Records Center
Board of County Commissioners
Collier County Government Center
Naples, Florida 34112
DUE: September 5. 2007 @ 2:30 p.m.
RE: BID No. 07-4140 -- "File Retrieval I Retention Service"
Dear Commissioners:
The undersigned, as bidder, hereby declares that he/she has examined the
specifications and informed himself/herself fully in regard to all conditions pertaining to
furnishing File Retrieval & Retention Services per the attached specifications. The
Bidder further declares that the only persons, company or parties interested in this Bid
or the Contract to be entered into as principals are named herein; that this Bid is made
without connection with any other person, company or companies submitting a Bid; and
it is all respects fair and in good faith, without collusion or fraud.
The Bidder further agrees, that if this Bid is accepted, to contract with the County to
furnish services, in complete accordance with the attached specifications, according to
the following unit prices: "See following page"
Any discounts or terms must be shown on the Proposal 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:
%
Days; Net ~ Days
Addenda received (if applicable): #1 X
#2
#3
Bid No. 07-4140 ~ File Retrieval/Retention Service
BID Response
(continued)
1. Pickup & Delivery (to Storage)
a. First Box....................................... $
b. Additional Box......... ......... ... ... ... ..... $
c. First Folders... . . . .. . . . . . . . . . . . . .. . . . . .. ... $
d. Additional Folder........................... $
e. First Vault......... ... ... ... ...... ......... .....$
f. Additional Vault...............................$
g. Rush (within 1 HR) Delivery Fee if Applicable $
h. Return BOx....................................$
i. Return Folder.............................. $
j. Return Vault.................................. $
k. Storage per month per cubic foot...... $
Agenda Item No. 16E8
October 23. 2007
Page II Page 7 of 23
2. Retrieve Data
a. Retrieve Box... ... ... ...... ... ... ... ... ... ....$ 1.65
b. Additional Retrieve Box... ... ... ...... .....$ 1.65
c. Retrieve Folder.............................. $ 2.20
d. Additional Retrieve Folder............... .$ 2.20
e. RetrieveVault.... ............. ........... ..$ 1.65
f. Additional Retrieve Vault.................. $ 1.65
g. Fax Transmission Local.................. $ .50
h. Fax Transmission Long Distance...... $ 1.00
i. Index & Print Reports of Data Storage $ no charge
j. Copy File.. ... ... ... ...... ............ ... ... ...$ .17
k. Destruction of Documents............... $ .28
per box
per box
per folder
per folder
per vault
per vault
per page
per page
per report
per copy
per lb.
(twice per year)
3. Misc Charges
a. Initial Storage Setup includes Moving......$ 2,732.00 Lump Sum ($1 per box)
Includes all existing boxes/files from current vendor (estimate 2732)
Cubic foot charge for all other types of storage boxes
(This includes all box types not specified above.) $ .275
4. Supplies
a. Legal size boxes..................... ... ... ....$
b. Standard size boxes...... ...................$
N ! A per box
1.99 per box
5. Data Management
a. Enter new box........... ................. ......... $ .90 each
b. Indexnewbox...................................... $ included each
c. Change or remove index ... ... ... ... ... ...... ... $ .50 each
d. Search data......... ......... ............ $ no chargEeach
e. AuditorGenerallabor............................ $ qo.OO per hour
Bid No. 07-4140 - File Retrieval! Retention Service
Agenda Item No. 16E8
October 23, 2007
Page 12 Page 8 of 23
(
BID RESPONSE CONTINUED
Fax Order Capability?
Yes
x
No
Email Order Capability?
Yes
x
No
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 Proposal 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 tothe County.
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 29th day
of August ,2007 in the County of Collier , in the State of FL
Robert Flinn Records Management Center, Inc.
Firm's Complete Legal Name
31127 Progress Avenue
(Address)
Naples, FL 34104
(City, State, ZIP)
Phone No.
Fax No.
(239) 643-2329
(239) 643-6428
Check one of the following:
o Sole Proprietorship
[] Corporation or P.A. State of FL
o Limited Partnership
o General Partnership
By:
~ Jeremy R. Flinn
ped and Written Signature
President
Title
.-
Bid No. 07-4140 - File Retrieval! Retention Service
A,aenda Item No. 16E8
- October 23, 2007
Page 13 Page 9 of 23
ADDITIONAL CONTACT INFORMATION
Send Payments To:
(REQUIRED ONLY if different from above)
(Company Name used as Payee)
(Address)
(City, State, ZIP)
Contact Name
Title
Phone No.
FAX No.
Email address:
Office Servicing Collier County Account
/Place Orders/Request Supplies
(REQUIRED ONLY if different from above)
(Address)
(City, State, ZIP)
Contact Name
Title
Phone No.
FAX No.
Email Address:
Note: If you choose to bid, please submit an ORIGINAL and ONE COPY of your
Bid Response pages.
<f"RobertFlinn
Records Center
Agenda Item No. 16E8
October 23, 2007
Page 10 of 23
Addendum #1
August 29, 2007
Board of County Commissioners
Collier County Government Center
330] East Tamiami Trail
Naples, FL 34112
RE: BID No. 07-4140 - "File RetrievallRetention Service~
Dear Commissioners:
Robert Flinn Records Center has been providing File Retrieval/Retention Services to
Collier County Government for many years. If] may,] would like to include some brief
information as part of this bid response:
~-
-- ] have attached the total quantity and cubic footage of containers currently in inventory
(for all departments).
-- We offer delivery service twice daily at regular rates.
-- We are located in Collier County near the Naples Airport.
Thank you for the opportunity to service your records management needs.
Sincerely,
r-OdA~
Memy R. Flinn
President
>-
3427 Progress Avenue
Naples. Florida 34104
tel (239) 643-2329
t" {239J 643.6428
.lRON MoUNTAIN"
Agenda Item I~o. 16ES
October 23. 2007
ORIGIN1\t23
-=
;-:----
~'- ~....
.~
...
aw:--'U.
-
J
._" "".'
4.. . __".
~ \ "".Il.._.,.
A RECORDS MANAGEMENT SOLUTION FOR:
~ COLUER COUNTY GOVERNMENT
Bid #07-4140 - "File Retrieval I Retention Service"
Scott Johnson
Purchasing Agent
3301 Tamiami Trail
Purchasing Building
Naples, Florida 34112
SEPTEMBER 5, 2007
Submitted by:
Scott MacKenna
Sales Representative
Iron Mountain
8121 Blaikie Court
Sarasota, Florida 34240
Phone: 941-371-3010
Cell 941-979-7787
Fax: 941-371-1296
scott.mackenna@ironmountain.com
Iron Mountain Information Management, Inc.
Web Site: www.ironmountain.com
Agenda Item No. 16E8
October 23, 2007
Page 12 of 23
. ~ IRON MOUNTAIN"
.
-.
September 5, 2007
Mr. Steve Carnell
Purchasing Director
Collier County Government
Purchasing Department
3301 East Tamiami Trail
Naples, FL 34112
Dear Steve,
Thank you for allowing Iron Mountain to submit a proposal for the attached Records
Management RFP. We are thrilled to have an opportunity to begin a new relationship with
Collier County. Many of our government customers have turned to Iron Mountain as a trusted
partner to help them manage their information during this challenging period. Whether it is
storing and managing paper records, converting information to a digital format and managing in
a hybrid environment or helping to store electronic images, Iron Mountain can help.
Our financial stability and continuous product and service development offers our customers
peace of mind that they have aligned themselves with a partner that will be around for a long
time to come and that we are keeping pace with the technology that is affecting their world. Our
service piatforms will allow them to meet their challenges today and well into the future.
We look forward to the opportunity to work with you on this important project. If you require any
additional information, please conlact me personally.
Sincerely,
.
.
.
Aaenda Item No. 16E8
.' October 23, 2007
Page 13 of 23
IRON MOUNTAIN FEA TURES AND BENEF!TS
. Free access to Iron Mountain Connect, our fully automated web-interface with robust
functionalities for overall inventory management, reporting and retrievals.
. 24/7/365 availability for records retrieval and delivery whether it is physical or in
electronic format
.
State-of-the-art fire suppression and intrusion detection systems intended to provide the
safest and most secure storage environment in the industry
Dedicated Account Management support provided
Local Customer Service and Management Team
A dedicated Project Manager will be assigned the records move and be fully
accountable to Collier County Government for Total Customer Satisfaction, an Iron
Mountain Core Value
Full suite of proven imaging solutions. Iron Mountain provides the following services:
.
.
.
.
o Image on demand
o X - rayon demand
o Intelligent scanning solutions
o Conversion services to include paper, microfilm. and microfiche
o Digital archive solutions to store all electronic images. This saves Collier County
significant capital costs related to servers and storage devices
.
Financially stable, well-funded company dedicated exclusively to providing products and
services related to records and information management and security
Consultative services provided to the Collier County featuring best practices on records
management program design
.
We invite you to tour our facility to meet the local management team, and see the Iron Mountain
difference for yourself,
We look forward to building a long-term partnership with Collier County Government.
1 ;...;:
--.....~
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. !III_
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.
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. -..~-
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.
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Agenda Item No. 16E8
October 23, 2007
Page 14 of 23
Iron Mountain Response to RFP
THIS SHEET MUST BE SIGNED BY VENDOR
Board of County Commissioners
Collier County, Florida
Purchasing Department
BIDDERS CHECK LIST
IMP 0 R TAN T: Please read carefully, sign in the spaces indicated and return with
your bid proposal.
Bidder should check off each of the 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 literature, etc. have been included.
6. Any delivery information required is included.
7. If reauired, 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.
g, 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:
. Bid Number;
. Bid Title;
. Opening Date
11. The bid will be mailed or delivered in time to be received no later than the specified
Doenina date and time. (Otherwise bid cannot be considered.)
ALL COURIER DELIVERED BIDS/RFPS MUST HAVE THE BID/RFP NUMBER AND TITLE
ON THE OUTSIDE OF THE COURIER PACKET.
Iron Mountain Information Manaqement. Inc.
Com any Name
Scott MacK nna, Sales Representative
Signature & Title
September 5. 2007
Date
.
.
.
Agenda Item No. 16E8
October 23, 2007
Page 15 of23
BID RESPONSE
FROM: Iron Mountain Information Manaaement
Scott MacKenna. Sales Representative
Board of County Commissioners
Collier County Government Center
Naples, Florida 34112
DUE: September 5. 2007 @ 2:30 p.m.
RE: BID No. 07-4140 -. "File Retrieval/ Retention Service"
Dear Commissioners:
The undersigned, as bidder, hereby declares that he/she has examined the
specifications and informed himself/herself fully in regard to all conditions pertaining to
furnishing File Retrieval & Retention Services per the attached specifications. The
Bidder further declares that the only persons, company or parties interested in this Bid
or the Contract to be entered into as principals are named herein; that this Bid is made
without connection with any other person, company or companies submitting a Bid; and
it is all respects fair and in good faith, without collusion or fraud.
The Bidder further agrees, that if this Bid is accepted, to contract with the County to
furnish services, in complete accordance with the attached specifications, according to
the following unit prices: "See following page"
Any discounts or terms must be shown on the Proposal 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: % Days; Net ~ Days
Iron Mountain pricing is based on volume and discounts have been factored into the enclosed
offering.
Addenda received (if applicable): #1
#3
#2
,-
.
r-.
.
1. Pickup & Delivery (to Storage)
a. First Box....... ........... ................. .... $ 15.80 (next dav transportation
fee + 2.25 per cf overaoe) per box
b. Additional Box.......................... ...... $ 2.25 per cf overaoe per box
c. First Folders.................................. $ 15.80 (per next dav trip) per
folder
d. Additional Folder........................... $ 0
e. First Vault......................................$ N/A
f. AdditionaIVault...............................$ N/A
g. Rush (within 1 HR) Delivery Fee if Applicable $ 63.20
h. Return Box....................................$ 15.80 + 2.25 per box
i. Return Folder.............................. $ 15.80 per folder
j. Return Vault.... ...... ........................ $ N/A per vault
k. Storage per month per cubic foot...... $ .18
BID Response
(continued)
Agenda Item No. 16E8
October 23. 2007
Page 16 of 23
per folder
per vault
per vault
2. Retrieve Data
a. Retrieve Box..................................$ 2.25/cf
b. Additional Retrieve Box....................$ 2.25/cf
c. Retrieve Folder.............................. $ 2.50
d. Additional Retrieve Folder............... .$ 2.50
e. RetrieveVault.............................. ..$ N/A
f. Additional Retrieve Vault.................. $ N/A
g. Fax Transmission Local.................. $ 1.60
h. Fax Transmission Long Distance...... $ 1.60
i. Index & Print Reports of Data Storage $ Free
j. Copy File.......................................$ .70
k. Destruction of Documents............... $ 2.25/box
per box
per box
per folder
per folder
per vault
per vault
per page
per page
*IMConnect per report
per copy
per lb.
3. Misc Charges
a. Initial Storage Setup includes Moving......$ 1.70/CF Receivino and Entry
Includes all existing boxes/files from current vendor (estimate 2732)
Cubic foot charge for all other types of storage boxes
(This includes all box types not specified above.) $ 1.70
per box
per box
each
each
each
each
per hour
4. Supplies
a. Legal size boxes...............................$ 2.60
b. Standard size boxes..........................$ 2.00
5. Data Management
a. Enter new box....................................... $ 1.70
b. Index new box....................................... $ .55/file
c. Change or remove index ....... ................. $ 1.05
d. Search data.......................................... $ .60
e. Audit or Generai labor............................ $ 35.00
.
.
.
,A,qenda Item No. 16E8
. October 23. 2007
Page 17 of 23
BID RESPONSE CONTINUED
Fax Order Capability?
Yes_X
Email Order Capability?
Yes_X
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 Proposal 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 5th day of
September, 2007 in the County of Sarasota, in the State of Florida.
Iron Mountain Information Manaqement. Inc.
Firm's Complete Legal Name
8121 Blaikie Court
(Address)
Sarasota. FL 34240
Phone No. 941-371-3010
Fax No. 941-371-1296
Check one of the following:
o Sole Proprietorship
X Corporation or P.A. State of Delaware
o Limited Partnership
o General Partnership
By: ~ lJc.5l.
Lori Hoh
Typed and Written Signature
Manaqer Sales Development
Title
.
.
Agenda Item No. 16E8
October 23. 2007
Page 18 of 23
ADDITIONAL CONTACT INFORMATION
Send Payments To:
(REQUIRED ONLY if different from above) Iron Mountain Information Manaaement. Inc.
(Company Name used as Payee)
1000 Campus Drive
(Address)
Contact Name Debbie Tavlor
Title Accounts Receivable Supervisor
Colleaeville. PA 19426
(City, State, ZIP)
Phone No. 1610\ 831-2472
FAX No.
Email address: Debbie.tavlor(cj)ironmountain.cDm
Office Servicing Collier County Account
/Place Orders/Request Supplies
(REQUIRED ONLY if different from above)
8121 Balikie Court
(Address)
Sarasota. FL 34240
(City, State, ZIP)
Contact Name Scott MacKenna
Title Sales Representative
Phone No. 1-800-327-8345
FAX No. 941-371-1296
Email Address:scott.mackenna@ironmountian.com
Note: If you choose to bid, please submit an ORIGINAL and ONE COPY of your
Bid Response pages.
.
Aaenda Item No. 16E8
" October 23.2007
Page 19 of 23
BID #07-4140 - "File Retrieval! Retention Service"
The Board of County Commissioners, Facilities Maintenance Department
In the event Iron Mountain Information Management Inc. is awarded the above referenced Bid, Iron Mountain
Information Management, Inc. requests the follov.wg terms and conditions apply to the resulting contract:
For purposes of the following Terms and Conditions set forth below, Board of County Commissioners Collier
County shall be referred to as "Customer", and Iron Mountain Information Management, Inc. shall be referred to as,
"Iron Mountain";
.
.
"VALUE OF DEPOSITS. Customer declares, for the purposes of this Agreement, that (a) with respect to hard-cop}'
records, microfilm and microfiche stored pursuaot to this Agreement, the value of sucb stored items is $1.00 per
carton, linear foot of open-shelf files, container or other hard-copy storage unit, and (b) with respect to round reel
tape, audio tape, video tape, mOl, data cartridges or data cassettes or other Don~paper media stored pursuant to this
Agreement, the value of such stored items is limited to the cost of replacing the physical media. Customer
acknowledges that it has declined to declare an excess valuation, for which an excess valuation fee would have been
charged.
LIMIT ATIOI\i OF LIABILITY. Iron Mountain's liability, if any, for loss or destruction of or damage to materials
stored with Iron Mountain ("Deposits") is limited to the value of each Deposit as described above, or as otherwise set
forth on the reverse side hereof. Iron Mountain reserves the right to provide replacement of comparable media for
which liability is limited to replacement cost rather tban payment of replacement cost. Iron Mountain's maximum
liability with respect to services not related to storage is the amount paid by Customer for a discrete project or, if the
loss is related to service of an ongoing and continuing nature, six months of fees paid by Customer for such service.
Other limitations on Iron Mountain's liability are set forth on the following pages.
1.
Force Majeure. Neither party shall be liable for delay or inability to perform caused by acts of God,
governmental actions, labor unrest, acts of terrorism, riots, unusual traffic delays or other causes beyond
its control.
Governmental Orders. Iron Mountain IS authorized to comply with any subpoena or similar order related
to the Deposits, provided that Iron Mountain notifies Customer promptly upon receipt thereof, unless such
notice is prohibited by law. Customer shall pay Iron Mountain's applicable charges set forth in a
Schedule(s) for such compliance. Iron Mountain will cooperate with Customer's efforts to quash or limit
any subpoena, at Customer's expense. Customer acknowledges that its shipments may be subject to
inspection by federal, state or local government entities ("Government Inspectors"), and Customer
authorizes Iron Mountain to fully cooperate with such inspections. Iron Mountain shall bear no
responsibility for loss or damage to Deposits, or containers housing such Deposits, caused by
Government Inspectors.
Confidentiality. "Confidential Information" means any information concerning or relating to the property,
business and affairs of Customer that is furnished to Iron Mountain. except for information that was
previously known to Iron Mountain free of any obligation to keep it confidential, is subsequently made
publiC by Customer or is disclosed by a third party having a legal right to make such disclosure.
Confidential Information shall be held in confidence by Iron Mountain and shall be used only in the
manner contemplated by this Agreement. Iron Mountain shall use the same degree of care to safeguard
Confidential Information as it utilizes to safeguard its own confidential information, but in no case less
than reasonable care.
Liability in Event of Loss of Deposits. Iron Mountain shall not be liable for any loss or destruction of, or
damage to, Deposits, however caused, unless such toss or damage resulted from the failure by Iron
Mountain to exercise such care as a reasonably careful person would exercise under like circumstances;
Iron Mountain is not liable for loss or damage which could not have been avoided by the exercise of such
care. If liable, the amount of Iron Mountain's damages is limited as set forth in the "Value of Deposits"
section contained herein'. Deposits are not insured by Iron Mountain against loss or damage, however
caused. Customer may insure Deposits through third-party insurers for any amount, including amounts in
excess of the limitation of liability. Customer shall cause its insurers of Deposits to waive any right of
subrogation against Iron Mountain. If Deposits are placed in the custody of a common carrier for
transportation, the common carrier shall be solely responsible for any loss or destruction of. or damage
to, such Deposits while in the custody of the common carrier.
No Product Warranty. Iron Mountain hereby assigns to Customer any manufacturers' warranties
applicable to any products sold by Iron Mountain pursuant to this Agreement. Iron Mountain provides no
warranties or conditions related to products sold or services performed, WITH RESPECT TO
PRODUCTS SOLD BY IRON MOUNTAIN TO CUSTOMER. IRON MOUNTAIN MAKES NO EXPRESS OR
IMPLIED WARRANTIES. INCLUDING. BUT NOT LIMITED TO. IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Page 1 of2
2.
3.
4.
5.
.
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I
A~enda Item No. 16E8
. October 23, 2007
Page 20 of 23
6. Liability with Respect to Non-Storage Services. With respect to services not related to storage of
Deposits inciuding but not limited to Secure Shredding services, iron Mountain shall not be Iiabie for any
loss or default unless such loss or default is due to the negligence of Iron Mountain. If liable, Iron
Mountain's maximum liability for any loss or default shall be: (i) if such loss or default relates to a discrete
project, the total fees paid by Customer to Iron Mountain for such project; or (ii) If such loss or defau~
arises from services that are of an ongoing and continuing nature, the total amount of fees paid by
Customer to Iron Mountain for the performance of such services during the immediately preceding six-
month period.
7. No Consequential Damages, etc. In no event shall either party be liable for any consequential,
incidental, special or punitive damages, including. without limitation, loss of revenue, profits, business and
anticipated savings, regardless of whether an action is brought in tort, contract or any other theory.
8. Payment. If Customer fails to pay Iron Mountain's charges (other than disputed charges) within forty-five
(45) days after the date of an invoice, Iron Mountain may, at its option: (a) refuse access to Deposits,
(b) suspend service, (c) redeliver Depos~s to Customer or (d) terminate this Agreement. Customer shall
be liable for late charges at the rate of fifteen percent (15%) per annum. compounded monthly. on unpaid
balances and all expenses incurred in collection, including reasonable attorneys' fees and expenses. If
Customer is consistently delinquent (defined as being late in the payment of any three (3) or more
undisputed invoices in a 12.month period) and/or upon the expiration or termination of this Agreement,
Iron Mountain may require payment by certified check prior to performance of services, including delivery
of Deposits. Upon default by Customer, Iron Mountain may securely dispose of Deposits upon ninety (90)
days' notice to Customer. A final ten (10) day notice will be sent to Customer prior to securely disposing
the Deposits. Iron Mountain shall have other rights and remedies as may be provided by law. In the event
Iron Mountain takes any actions pursuant to this Section, it shall have no liability to Customer or anyone
claiming by or through Customer.
9. Ownership Warranty. Customer warrants that it is the owner or legal custodian of the Deposits and has
full authority to store the Deposits and direct their disposition in accordance with the terms of this
Agreement. Customer shall reimburse Iron Mountain for any expenses reasonably incurred by Iron
Mountain (including reasonable legal fees) by reason of Iron Mountain's compliance with the instructions
of Customer in the event of a dispute concerning the ownership, custody or disposition of Deposits stored
by Customer with Iron Mountain.
10. Restrictions on Stored Material; Customer Premises. Customer shall not store with Iron Mountain nor
deliver to Iron Mountain for secure shredding any material that is highly flammable, explosive, toxic or
otherwise dangerous or unsafe to store or handle, or any biohazardaus material or material which is
regulated under any federal or law or regulation relating to the environment or hazardous materials.
Customer shall not store negotiable instruments, jewelry, check stock or other items that have intrinsic
value. All Customer's premises where Iron Mountain's employees perform services or make deliveries
hereunder shall be free of hazardous substances and any other hazardous or dangerous conditions.
11. Purchase Orders. In the event that Customer issues a purchase order to Iron Mountain subsequent to
the execution of this Agreement, Iron Mountain accepts such purchase order on the express condition
that any terms and conditions set forth in the purchase order which constitute terms and conditions which
are in addition to those set forth in this Agreement or which establish conflicting terms and conditions to
those set forth in this Agreement are expressly rejected by Iron Mountain.~
Approved as to Form and Legal Content:
Iron Mountain Legal Department
~~
Name: Chip Lewis, Senior Contract Specialist
Date: 9/4/07
Customer: Board of County Commissioners Collier County
Page 2 of2
.
.
.
Agenda item "'jo. 16E8
October 23. 2007
Page 21 of 23
Iron Mountain Exceptions to Specifications
Response Times:
"The County reserves the right to invoke an "emergency" when necessary. Response
time in an "emergency" will be a maximum of one (1) hour.
Iron Mountain's standard rush service is receipt by client within three (3) hours.
Provision of Service:
"Vendor will provide a form which may be faxedlemailed for vendor's services. Service
will be provided as follows: Order's faxedlemailed prior to 3:00 p.m. shall be completed
the same day. Orders faxed or emailed after 3:00 p.m. shall be delivered before 11:00
a.m. the next business day."
Iron Mountain offers four levels of service delivery:
. Next Day - Call by 3:00 p.m. for delivery next day by 5:00 p.m.
. Half Day - Call by 1 0:00 a.m. for delivery same day by 5:00 p.m.
. Emergency (Rush) - Delivery within 3 hours of request
. After HourslWeekends!Holidays - Delivery within 4 hours of request
Termination:
"Should the Vendor be found to have failed to perform his services in a manner
satisfactory to the County as per Specifications, the County may terminate this
Agreement immediately for cause; further the County may terminate this Agreement for
convenience with a seven (7) day written notice. The County shall be sole judge of non-
performance. "
Iron Mountain requires thirty (30) day written notice to terminate the Agreement.
Agenda Item No. i6ES
October 23, 2007
Page 22 of 23
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The Iron Mountain Connect portal is your online connection to Iron Mountain, providing the tools necessary to
manage records and information assets in today's regulatory environment. Iron Mountain Connect puts you in control, transform-
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Tips And Practices - Industry white papers on best practices in
compliant records and information management.
Retention Schedule Streamline the adoption of your
company's retention policy. ensuring compliance. Users can
view the company retention schedule from one central location
to govern the proper retention and disposition of records.
Regulatory Resources - Regulations that affect the archiving of
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IRON MOUNTAIN I IRON MOUNTAIN CONNECT DA.TA SHEET
Aaenda Item t~o. 16E8
. October 23, 2007
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on their records, including destruction eligibility dates and
regulations affecting eligibiiity Ensure the timely disposition of
records using flexibie, user"defined search criteria to report on
destruction eligible cartons.
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ADDITIONAL IRON MOUNTAIN CONNECT FEATURES,
Manage Users. Flexible administrative architecture provides
the ability to manage user groups and privileges across
divisions, departments and locations, ensuring users access
appropriate information.
Flexible Content Management - Administrators can upload
company-specific information management policies and
procedures and control what modules display for each
individual system user.
Innovative Search Technology - The predictive search engine
in Record Center takes advantage of everything Iron Mountain
has learned over the past 50 years about how people really
retrieve records. The result: you find your cartons or files fast.
Easily Managed Transactions Conduct quick search
and retrieval for your information assets on Iron Mountain
Connect.
Records Audtt History - View the transaction history for each
information asset stored with Iron Mountain. Users can track
and identify record status to ensure assets are stored in
accordance with your company's compliance program.
24/7 Support - Search content-specific FAQ information,
online help forms for general inquiries and technical issues
and 24/7 Help Desk support for all Iron Mountain Connect
applications.
Secure SSL Connection Company information is safe and
secure with industry-standard 128-bit encryption providing
the highest level of protection for internet communications.
Get Connected on Iron Mountain Connect
Call (800) 8gg-IRON
Go to www.ironmountain.com
Or contact your Account Manager
.. IRON MOUNIAIN'
<!') ;w05-lCJ07 Iron MountJln Incorpor"ted.AII rigr.15 ,eseroed. Iron MOJntain and t~edeslgn ot~he mount.,n
.lIe registered trademarks and Iron Mountom ConneLl is. traderr,arKof Iron Mountlan Incorporated. All otnt'r
tradem~rks dlld reg:>tE'Ed tradl'm;J,k~ ~rl' tnc propeny o'-lllelr respectrve own~'s
745 Atlantic Avenue
Boston, Massachusetts 02111
(800) 899-IRON
Iron Mountain operates in major markets worldwide, serving thousands of
customers throughout North America, Europe, Latin America, and Asia Pacific.
For more information, visit our Web site at www.ironmountain.com
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Agenda Item No. 16E9
October 23, 2007
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to adopt the budget amendment appropriating $581,660,415.18 carry
forward and expenditure budgets for open purchase orders for non-project funds and
for unexpended budget for project funds at the end of Fiscal Year 2007.
OBJECTIVE: To obtain approval from the Board of County Commissioners for budget
amendments appropriating $581,660,415.18 of carry forward, in various funds.
CONSIDERATIONS: In operating (non-project) funds, purchase orders were issued to
various vendors during FY 2006 - 2007 and there were budgets to pay for those purchases.
The purchase orders continue to be valid at fiscal year end. The County continues to need
those products or services ordered. However, the budgets to pay for these items expired as
of September 301h. If the purchase orders were cancelled on September 30th they would have
to be reissued on October 1$1 which would require unnecessary record keeping changes for
vendors, the County's Purchasing Department, the Clerk's Finance Department and the
department which placed the order. Therefore, FY 2008 budgets need to be amended by
$4,673,723.18 to replace the budget that expired and to allow payment to be made.
In project funds (principally capital projects and grants), appropriations are budgeted for the
life of the project. Most projects are multi-year and unspent project balances in FY 07 will be
automatically rolled into the new fiscal year. Unexpended project balances carried forward
from FY 08 amount to $576,986,692.
FISCAL IMPACT: To approve budget amendments in the amount of $581 ,660,415.18 for the
various funds. The Board previously approved the Fiscal Year 2008 budgets and the various
purchase orders. Purchase orders that were carried forward in non-project funds amounted
to $4,673,723.18. Unexpended budget in Project Funds that were carried forward was in the
amount of $576,986,692.
GROWTH MANAGEMENT IMPACT: Many of the capital project budgets (i.e., roads, parks,
stormwater, solid waste, water and wastewater) being carried forward are for Category A
facilities, which are required to meet concurrency requirements in the County Growth
Management Plan.
RECOMMENDATION: That the Board of County Commissioners approves the budget
amendment for $581 ,660,415.18 to appropriate carry forward and expenditure budgets.
PREPARED BY: Joanne Markiewicz. Operations Manager, Purchasing Department
-
I <le,'-- J \JJ J
Agenda Item No. 16E9
October 23, 2007
Page 2 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16En
Meeting Date:
Recornmundalion to adopt tile budget amendment appropriating $581.660,415.18 carry
forward ilnd expendillH8 budqels for open purchase orders for non-project funds and for
unexpended budget for pruJecl funds at IIle end of Fiscal Year 2007.
10/2J/2007 H:OO:OO AM
Item Summary:
PrelJUred Hy
Joanne Markiewicz
Operations Manager
Date
Administrative Services
Purchasin4
10/9/200710:44:50 AM
Approved Hy
Steve Carnell
Pmchasing/General Svcs Director
Date
Administrative Services
Purchasino
10/9/20079:02 PM
AIJproved Hy
Skip Camp, C.F.M.
Facilities Management Director
Date
Administrative Services
Fadlities Management
10/10/20072:55 PM
AIJIlrOved Hy
OMS Coordinator
Applications Analyst
Date
Administrative Services
Information TedlllOlogy
10/11/200710:08 AM
AIJproved By
Susan Usher
Senior ManagemenUBudget Analyst
Date
County Manager's OHice
Office of Management & Budget
10/13/200711:46 AM
Approved By
Michael Srnykowski
MllnagHlTlent & Budget Director
Date
County Manager's Office
Office of ManaqernPllt So Budget
10/14/200710:50 AM
AIJproved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
COllnty Mananer's Office
10/14/200711:41 AM
Rollover Funding Request
Project Funds
From FY 2007 to FY 2008
Aoenda Item No. 16E9
.., October 23, 2007
Page 3 of 5
Fund Description Budget Roll
112 MSTD ROAD AND BRIDGE $4,732,811.00
115 SHERIFF GRANTS $224.504.00
116 MISCELLANEOUS GRANTS $88.345.00
117 NATURAL RESOURCE GRANTS $91.52000
118 EMERGENCY MANAGEMENT AND FIRE GRANTS $68,49700
119 PARKS AND RECREATION GRANTS $556.843.00
121 URBAN IMPROVEMENT GRANTS $9,597.86800
123 COLLIER CO-SERVICES FOR SENIORS $1,359.57600
126 TRANSPORTATION GRANTS $120.325.00
128 MPO GRANTS $2.153.913.00
129 LIBRARY GRANTS $305,83900
170 ADOPTION AWARENESS VEHICLE TAGS $41,50100
181 COURT FACILITIES FEE $975,482.00
183 TDC BEACH PARK FACILITIES FUND $2,385,74300
189 E911 WIRELESS $3,83700
191 STATE HOUSING INCENTIVE PARTNERSHIP $6,252,42200
195 TDC - BEACH RENOURISHMENT $1,896,24800
301 COUNTY -WIDE CAPITAL PROJECTS FUND $42,635,09900
306 1982 PARKS IMPROVEMENTS CIP $16,789,001.00
307 1983 LIBRARY IMPROVEMENT $661,96300
310 COMMUNITY DEVELOPMENT SYSTEM DEV $2,349,37200
313 ROAD CONSTRUCTION - GAS TAX $133,202,64300
314 MUSEUM CAPITAL $701.77500
320 CLAM BAY RESTORATION $286.994.00
322 PELICAN BAY IRRIGATION & LANDSCAPING $448,472.00
325 1981 WATER MANAGEMENT $15.040.93700
331 ROAD IMPACT FEE - DISTRICT 1 $16.093.705.00
333 ROAD IMPACT FEE - DISTRICT 2 $22,019,05700
334 ROAD IMPACT FEE - DISTRICT 3 $393.264.00
336 ROAD IMPACT FEE - DISTRICT 4 $20.880.295.00
338 ROAD IMPACT FEE - DISTRICT 6 $10,479,761.00
339 ROAD IMPACT FEE - DISTRICT 5 $2.022.804.00
340 ROAD IMPACT FEE - DISTRICT 8 $1,44500
345 REGIONAL PARK IMPACT FEE $49,18200
346 UNINCORPORATED COMM & REG PARK IMPACT $11,185,20600
350 EMS IMPACT FEES $11.545,61600
351 EMS CAPITAL $1,94000
355 LIBRARY SYSTEM IMPACT FEE $13,880.27900
365 DIST 5 IMMOKALEE COM PK IMPACT FEE TR $3,60000
368 NAPLES & URBAN COLLIER COM PK IMP FEE $570.253.00
372 OCHOPEE FIRE CONTROL DISTRICT IMPACT $14.274.00
373 ISLE OF CAPRI FIRE CONTROL DIST IMPACT $3,72300
. 381 CORRECTIONAL FACILITIES IMPACT FEE $1,942.29600
385 LAW ENFORCEMENT IMPACT FEES $12,760.226.00
390 GOVERNMENT FACILITIES IMPACT FEE FUND $71,342.63700
409 COUNTY WATER!SEWER OPERATING $581.00
411 WATER IMPACT FEE $29,904,058.00
Markiewicz/BidsExecSummaries
FY2008RolloverRequest
Prepared: 10/8/07
1
Rollover Funding Request
Project Funds
From FY 2007 to FY 2008
Agenda Item No. 16E9
October 23. 2007
Page 4 of 5
Fund Description . Budget Roll
412 COUNTY WATER CAPITAL PROJECTS $21,705,991.00
413 SEWER IMPACT FEE $17,044,10500
414 COUNTY SEWER CAPITAL PROJECTS $21.376,377.00
415 CWS BOND PROCEEDS FUND $18,899,740.00
426 CATT TRANSIT ENHANCEMENT $4,109,189.00
427 TRANSPORT DISADVANTAGED $2,149,964.00
472 SOLID WASTE DISPOSAL GRANT $20,257.00
474 SOLID WASTE CAPITAL $9,544,069.00
491 EMERGENCY MEDICAL SERVICES - GRANTS $505,151.00
496 AIRPORT AUTHORITY GRANTS $3,675,439.00
497 AIRPORT COMMERCIAL PAPER A-8 $8,954,778.00
630 COUNTRYSIDE NOISE WALL $935,900.00
Total Unspent project budget rolled from FY07 to FY09 $576,986,692.00
Markiewicz/BidsExecSummaries
FY200BRolloverRequest
Prepared: 10/8/07
2
Rollover Funding Request
Cost Center Purchase Orders
From FY 2007 to FY 2008
Agenda Item No. 16E9
October 23.2007
Page 5 of 5
.
Fund Description Budget Roll
. ". . ; . '. . . . .' .
001 General Funds $ 169.84500
101 Road Districts $ 289,358.82
109 Water Management and Pollution Control - Petican Bay $ 31,696.25
111 Unincorporated Areas - MSTD General Fund $ 1,195.150.51
130 Improvement Districts - Golden Gate Community Center $ 21,450.00
131 Community Development - Developer Services $ 128,537.84
144 Fire Control Districts - Isle of Capri Fire Control $ 1.975.00
152 Improvement Dislricts - Lely Golf Estates Beautification $ 850.00
153 Improvement Districts - Naples Park Area MSTU $ 8,076.20
158 Improvement Districts - South 8th Street Doak MSTU $ 265,998.16
159 Improvement Districts - Little Leaaue Road $ 10,000.00
162 Improvement Districts - Immokalee Beautification $ 60,277.30
163 Improvement Districts - Bayshore Beautification $ 2,763.62
174 Conservation Collier $ 22,72272
184 Tourist Development - TDC Pormotions Additional 1% $ 40,00000
186 Community Redevelopment - Immokalee Redevelopment $ 232,426.30
187 Communitv Redevelopment - Bavshor!Gatewav Trianqle Re $ 19,000.00
198 Tourist Development - Museum $ 148.956.14
312 Road Construction - Road Construction Gas Tax $ 5,89200
408 County Water and Sewer Districts - Operations $ 379.58240
470 Solid Waste Disposal $ 235,901.29
490 Emergency Medical Services $ 185,01195
495 Airport Authority - Marco Island Allport $ 17,64173
516 Risk Management - Property and Casualty $ 235,49652
517 Risk Management - Group Health and Life $ 808,42410
518 Risk Management - Workers' Compensation $ 5.36370
521 Fleet Management $ 146,72913
778 Pelican Bay Services $ 4.59650
Total
Cost center purchase order rolled fro FY 07 to FY08
$
4,673,723.18
Markiewicz/BidsExecSummaries
FY200BRolloverRequest
Prepared: 10/8/07
3
Agenda Item No. 16E10
October 23,2007
Page 1 of 2
EXECUTIVE SUMMARY
Recommendation to approve a Budget Amendment in the amount of
$250,000, to transfer funds from the Design Study for Inland Data Center
Capital Project 500521 to the Data Center Expansion Capital Project
500511.
OBJECTIVE: To obtain the approval of a Budget Amendment in the amount of
$250,000 to transfer funds from the Design Study for Inland Data Center Capital
Project 500521 to the Data Center Expansion Capital Project 500511.
CONSIDERATIONS: The Data Center Expansion project will relocate and
expand our current primary data center in the administration building. The
current data center is at capacity for weight, power. cooling and space.
Unanticipated challenges with structural floor loading and cooling design have
caused costs to be higher than anticipated. Plans to design a self-standing
Inland Data Center have been deferred based on plans to integrate data center
construction into future regional government center construction. We would like
to reallocate the funds for design to the construction and outfitting of our primary
data center.
-
FISCAL IMPACT: A budget amendment is needed to transfer $250,000 from the
Design Study for Inland Data Center Capital Project 500521 to the Data Center
Expansion Capital Project 500511. Source of funds is ad Valorem.
GROWTH MANAGEMENT IMPACT; There is no growth management impact
associated with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approves the
necessary Budget Amendment in the amount of $250,000 transferring funds from
the Design Study for Inland Data Center Capital Project 500521 to the Data
Center Expansion Capital Project 500511.
PREPARED BY: Mike Berrios, Manager, Operations, Department of Information
Technology
.-
ruge I U I I
Agenda Item No. 16E10
Oclober 23, 2007
Page 2 or 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
1GF10
Meeting Date:
r~E~conll1leIHjaliun 10 8ppluve a buuljet amendment ill the amount of $250,000 to transfer
funds frol11111e Llesiqn Study for 1111<1I\d Datil Center Capital Project 500521 to the Data
Cenlt~1 t~xp,lnsi()nl;;lpll,JII 'Illject !iOU:-, II,
I ()12J/LlH17 90U:l!iJ Md
Allllfnved lIy
Barry Axelrod
lntol'lnatiolll echnolo!lY Director
Date
Adlninistrative Services
lnlormatioll Tf'chnnloqy
10/10/20074:20 PM
Allprovell By
Stevn Carnell
Purchasing/GenNal Svcs Director
Date
Arhnillistrfltive Servinl"
PurChilSinq
10/11120079:43 AM
Allproved By
OMS Coordinator
Applications Analyst
Date
Administrative Services
Infonnatinn '\ p.chnoloqy
10/11/20072:38 PM
Allproved lIy
Susan Usher
Senior Managemel1t1Bud~Jet Alli1lyst
Date
County M;:mager's Oftir::e
O!fice of Mallagelltllllt & Budget
10/12/200710:52 AM
Apllroved By
Michael Smykow5ki
Manayement & Budget DireclOl
Date
County Mfmal.Jer's Office
Office of M<ll1aqeml'nt & Buliget
10/14/200710:41 AM
Approvell By
James V. Mudd
County Manage!
Date
BO<1rd of County
Comnlis~ioners
Coul1ty Manager's OrtiCl'
10/14/200712:40 PM
Agenda Item No. 16E11
October 23,2007
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation to approve and execute an inter-local agreement with the City of
Naples for mutual purchases and sales of motor fuels between the City and the County.
OBJECTIVE: To obtain approval from the Board of County Commissioners to enter into an inter-local
agreement with the City of Naples for mutual sales and purchases of motor fuels between the City and
the County, and authorization for the Chairman to execute the same.
CONSIDERATIONS: Collier County Government has emergency vehicles operating daily within the City
of Naples. Refueling of these vehicles at the City of Naples fuel site on GDodlette-Frank Road will save
travel time to County refueling facilities and reduce costs of refueling at commercial facilities. The
capability of refueling at each other's facilities during declared emergencies provides mutual benefits to
both entities.
Fuel products will be sold by both the City and the County with a markup to cover overhead costs. The
amount of markup will be established by the County annually. The markup for FY 2008 will be $0.16 per
gallon.
The agreement will be presented to the Naples City Council for approval on November 7, 2007.
FISCAL IMPACT: Fuel purchases from the City of Naples are projected to exceed $100.000 annually
and will be budgeted in Fleet Management Fuel Distribution Fund 521-122450.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approves an inter-local agreement
with the City of Naples for mutual sales and purchases of motor fuels between the City and County, and
authorizes the Chairman to execute the same.
PREPARED BY: Dan Croft, Director, Department of Fleet Management
-
Page I or I
Agtmda Item No. 16E11
OClober 23, 2007
P<-l98 2 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
lGE11
Item Summary:
r\ecornlm~llddlioll IIl;l! tile BOeHl! of Counly COllllllissioners approves an inlel.local
i1(HeerlH'llt with ttw r:ily of Naples for ll1utual sales and JjUlchases of motor fuels between the
Cily <'Illd \;ounty, and ;l\lll\rHiz,~s IIH! (:h"irlnan \0 execute the same
Meeting Date:
10/2:W(]()! nou(JlJ AM
1)'"CIHlrcd H)'
Steve Carnell
Purchasing/General SV(':s Director
Date
Adltlinistr<ltiv0 Sprvires
Plrfchflsi"q
1019120072::14:03 PM
AIJproved By
Dan Croft
Fleet Manaqenwllt Director
Date
Adtllinistrati'JP Servif:e<;
Fleet Management
10/912007 2:33 PM
Approvetl By
Lyn Wood
Purchasing Aqent
Date
Administrative Services
Plln:hilsing
10/9/20073:36 PM
Af)lll"Oved By
Steve Carnel!
Pllrclwsirlg/GelllHal Svcs Oireclor
Date
Administrative ServjC(l~
Purch!olsinq
10/9/20079:05 PM
AI)llroved Hy
Skip Camp, C.F.M.
Facilities Management Director
Date
Administrative Services
Fildlities Mnnagl!lll(,llt
10/10/20072:56 PM
^flprond By
OMS Coordinator
Applications Analyst
Date
Administrative Services
Inlonmllion Terlrnoloqy
10/11/200710:11 AM
AIlllrovcd By
Laura Davisson
Management 8. Budget AI1<llyst
Date
County Manaqer's Qffire
Office of ManagclTH:llf & Budqel
10/11/200712:14 PM
Af)llroved Hy
Michael Smykowski
Management & Budqet Director
Date
County MallrlgN's Office
Office l)f ManaqcllH:lll & Bllflqel
10/12/20073:43 PM
Allproved By
James V_ Mudd
County Manilgef
Date
Board of COllllty
Commissioners
County Mananer's QlIice
10/15/20079:45 AM
Aaenda 118m No. 16E 11
~. (J::;tOL,S!' 23. 2007
Page 3 of 6
AGREEMENT FOR SALE OF FUEL
BETWEEN
THE CITY OF NAPLES AND COLLIER COUNTY
THIS AGREEMENT FOR SALE OF FUEL. is made and cntered into on this day of
, 2007, by and between the City of Naplcs. a political subdivision of the State of Florida.
Collier County, Naples. hereinafter called the "City". and Collier County, a political subdivision of
the State of Florida. Collier County. Naples. hereinafter called the "County".
WITNESSETH;
WHEREAS, thc City operates a fucl site location within the City: and
WH EREAS. the County operates fucl site locations within Coli ier County: and
WHEREAS, the City has determined that it is in the City's and public's best interest to be
able to access and purchase fuel from County fuel sites: and
WHEREAS, the County has dctennined that it is in the County's and public's best interest
to be able to access and purchase fuel from the City's fuel sitc; and
WHEREAS, the City and County are authorizcd by law to entcr into agreements with each
other to better effectuate planning and service to thc public and citizens of the City and County:
NOW, THEREFORE. in consideration of thc mutual promiscs and covenants herein sct
forth. and other valuable consideration. and intending to be legally bound hereby, the parties hereto
agrcc as follows:
1. RECITALS INCORPORATED:
The above recitals are true and correct and shall be incorporated hcrein.
2. SCOPE:
2.01 The City and thc County shall provide motor vehiele fuels for the sole purpose of
government use under the automated fuel distribution systems operated by each party. Undcr said
systems. the County shall provide the City a fuel key or keys. as required. and the City shall provide
the County a fuel key or keys. as requircd. to access the respective fuel sites.
2.02 Employees of either party shall bc pcrmitted to enter the following properties for the
purpose of fueling City or County vehicles.
Page I of 4
Agenda Item No. 16E11
October 23, 2007
Page 4 of 6
City of Naples Fuel Site:
Equipment Services Building
370 Riverside Circle
Naples, Florida
Hours of Operation: 24 hours daily
Collier County Fuel Sites: Collier County Fleet Facility
290 I County Barn Road
Naples, Florida
Collier County Road Department
402 Sgt. Joe Jones Road
lmmokalee, Florida
Collier County Sheriffs Substation
Intersection of U.S. 41 and S. R. 29
Camestown, Florida
Hours of Operation: 24 hours daily
3. INVOICING:
3.01 Each party shall exchange blanket purchase orders encumbering projected annual
costs. The parties shall pay for the performance of this Agreement on a monthly basis in
accordance with Chapter 218, Florida Statutes, also known as the Florida Prompt Payment Act.
The prices for unleaded gasoline and diesel fuel shall be cost plus sixteen cents ($0.16) per gallon
for Fiscal Year 2008, plus all applicable taxes. The markup is subject to change on a fiscal year
basis and shall be donc by letter from the County to the City. A breakdown by fuel types shall
accompany the invoice showing the base unit price of unlcaded gasoline and diesel fuel and all
current State and County taxes. Monthly invoices shall be accompanied by a listing of all fuel
transactions sorted by uscr departments and vehicle key numbers for the billing period. On a
rcgular basis, electronically retrieved purchase records shall be exchanged between the parties for
computer down loading purposes.
4. NOTICES:
4.01 This Agreemcnt shall be administered on behalf of the City of Naples by the Fleet
Department. All notices and invoices from the County shall be mailed to the following address:
City of Naples
Fleet Management Department
370 Riverside Circle
Naples, Florida 34102
4.02 This Agreement shall be administered on behalf of the County by the Fleet
Management Department. All notices and invoices from the City shall be mailed to the following
address:
Page 2 01'4
Agenja :tem No. 16E11
Octo[)sr 23,2007
F'ags 5 of 6
Collier County
Fleet Management Department
2901 County Barn Road
Naples. Florida 34112
5. TERMS:
5.0 I Except as this Agreement may otherwise be terminated, this Agreement shall remain in
full force from the date first above written and shall terminate twenty (20) years trom that date
unless tem1inated earlier.
5.02 On or before the expiration date of this Agreement. the Parties may extend this
Agreement by mutual agreement under all of the terms and conditions contained herein for an
additional multi-year period to be detennined by the County Fleet Management Director, or his
designee, and the City Fleet Management Director. or his designee.
5.03 If either party fails to comply with any of the terms and conditions hereof and such
default is not cured within fitteen (15) days atter written notice is given, the non-defaulting party
may terminate this Agreemcnt. Either party may terminate this Agreement without cause upon
thirty (30) days notice to the other party.
6. INDEMNIFICATION:
6.0 I To the extent permitted by Florida law. the City and the County shall each defend,
indemnify and save the other harmless trom any and all claims. liability, losses and causes of
actions arising out of any act. error. omission. or negligence arising from or incident to each parties'
performance under this Agreement. Neither party shall be responsible for any incident arising trom
the sole negligence of thc other. This section is not intended to cxtend the limits of sovereign
immunity as provided in ~ 768.28, Fla. Star. (2007).
6.02 This provision shall also pertain to any claims brought against the parties by any
employee of the named parties. any sub-contractor, or anyone directly or indirectly employed by
any of them.
6.03 The pal1ies' obligations under this provision shall be limitcd to the extent provided by
Florida law.
7. INSURANCE:
7.01 The County and the City shall maintain insurance coverage in the minimum amounts
and types as required by Florida Law.
7.02 The County and the City agrcc that either party may be selt:insured on the condition
that all selfinsurance(s) must comply with all state laws and regulations.
Page 3 of4
Agenda Item No. 16E11
October 23, 2007
Page 6 of 6
8. MISCELLANEOUS:
8.01 This Agreement shall be governed by the laws of the State of Florida. In the event any
litigation is instituted by way of construction or enforcement of this Agreement each party shall be
responsible for the payment of its own court costs and other expenses, including reasonable
attorney's fees.
8.02 This Agreement contains the entire understanding between the parties and any
modifications to this Agreement shall be mutually agreed upon in writing by the City and by the
County, or their respective designees, in compliance with the then current County Purchasing
Policy.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
their appropriate officials, as ofthe date first above written.
AS TO COUNTY:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATTEST:
DWIGHT E. BROCK. CLERK
JAMES COLETTA, CHAIRMAN
Approved as to form and legal sufficiency
Assistant County Attorney
AS TO CITY:
Page 4 01'4
Agenda Item No. 16E12
October 23. 2007
Page 1 of 26
EXECUTIVE SUMMARY
Recommendation to authorize and consent to the re-assignment of Contract No.
06-3983, "Third Party Administrator for Group Insurance Benefits" from
Corporate Benefit Services of America, Inc. (CBSA, Inc.) to Meritain Health, Inc.,
and to release CBSA, Inc. from liability after the effective date of the Board's
consent.
OBJECTIVE: To obtain approval from the Board of County Commissioner's to authorize and
consent to the re-assignment of Contract No. 06-3983, "Third Party Administrator for Group
Insurance Benefits", from the original party, CBSA, Inc. to Meritain Health, Inc. and approve the
release of the original party, CBSA, Inc. from liability after the effective date of the consent.
CONSIDERATIONS: On September 26, 2006, the Board of County Commissioners approved
an agreement by and between CBSA, Inc. and Collier County (Agenda Item 16E1, Contract No.
06-3983), hereafter known as the "Agreement", to which Meritain Health, Inc. has become a
successor in interest by assignment and assumption from CBSA, Inc.
,-'"
On August 24, 2007, County staff was notified by email that Meritain Health, Inc., was going to
acquire the assets of CBSA, Inc. on September 17, 2007. Following the procurement
administration procedures, staff has acquired the necessary documents from Meritain Health,
Inc. for the Board to approve this re-assignment of Contract No. 06-3983.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with
this Executive Summary.
LEGAL CONSIDERATION: The Form of Consent has been previously approved as to form
and legal sufficiency.
RECOMMENDATION: That the Board of County Commissioners 1.) authorizes and consent to
the reassignment of Contract No. 06-3983 from CBSA, Inc. to Meritain Health, Inc.; thereby
releasing CBSA, Inc. from further liability as of the date of the re-assignment and 2.) authorizes
the Chairman to sign necessary documents.
PREPARED BY: Linda Jackson Best, Contract Specialist, Purchasing Department
-'-
Page I or I
Aqenda lIem No 16E1:'
. October 23. 2007
Page 2 of 26
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
lGE12
Item Summary:
f~eC0ll1lllend8tlOn to 3uH10lize <'Ind consenllo the re-assignment of Contract No 06-3983,
"Tllinl Palty Administrator for Group InslIrance [jenefits"
Meeting Date:
1 ut23/2UO-i fi:UO.OO /\1',/1
AI)proved By
Jeffrey A. Walker, CPCU.
ARM
Risk Management Director
Date
Administrative Sf'fvices
Risk Management
10/10/20073:33 PM
Apl)rOved By
Steve Carnell
Purchasing/General Svcs Director
Dale
Achnillistrfltive Services
Purcl1asinq
10/11/20079:28 AM
AI)llrovctl II)'
Robert N. Zachary
Assistant Count.y AUorl1fJY
Date
County Attorney
County Attorney Office
10/11/20072:47 PM
AI1llroved B)'
Skip Camp, C.F.M.
Facilities Management Director
Date
Arlministrative Services
Facilities Mani1gelllent
10/11/20073:32 PM
Af)f)rOvcd By
OMB Coordinator
Applications Analyst
Date
Administrative Services
Intormation Technology
10/15/200711:56 AM
Ap(lrOved By
Laura Davisson
Mmugement & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
10/16/20079:08 AM
Approved By
Michael Srnykowski
Management & Budget Director
Dale
County Manager's OHiee
Office of MRnayernent & Budget
10/16/20079:22AM
ApllrO\'ed By
James V_ Mudd
County Mana~ler
Date
Board of County
Commissioners
County Manager's Qffict'
10/16/20075:45 PM
EXHIBIT A-I Form of Consent
Contract # 06-3983
"Third Party Administrator for Group Insurance Benefits"
}-\aenda Item No. 16E 12
~ Oclob8r 23.2007
Page 3 of 26
This Form of Consent, dated September 12, 2007 to the referenced a!,'feement shall be by and between
the parties to the original Contrac~ Corporatc Benefit Services of America, Inc. (CBSA, Inc.), (to be
referred to as "Consultant") and Collier County, Florida, (to be referred to as "County").
Statement of Understanding
Re: Contract dated September 26, 2006, BCC Agenda Item 16.E.l, by and between Corporate Benefit
Services of America, Inc. (CBSA, Inc.) and Collier County referencing RFP No. 06-3983, "Third Party
Administrator for Group Insurance Benefits", to which Meritain Health, Inc. has become a successor in
interest by assignment and assumption from CBSA, Inc. ("Assignment")
Collier County confirms and consents to the Assignment and release of CBSA, Inc. from liability from
and after the effective date of the consent of the Assignmcnt in return for Meritain Health, Inc.' s
assumption, as of September 17, 2007, of all rights and duties of CBS A, Inc. under the Contract.
IN WITNESS WHEREOF, the Consultant and the County have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the daters) indicated below.
ATTEST:
OWNER:
Dwight Brock, Clerk of Courts
BOARD OF COUN1Y COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
MERITAIN HEALTH, INC.
By: ~<4~~,
Jacob L. Canova, President
James Coletta, Chairman
Date: / -:/~ 2-..b"/
ATTEST:
By:
---1JfVl..rf<' 1<.. [ll'.~ , <;pcr-Gf,,;. ~
Printed N:;;';1l; abd Title l
Date: I() Iq/Ol-
~I
Approved as to form and
Legal sufficiency:
Assistant County Attorney
Printed Name
Our Name Change
Agenda ITW No, 1 i?5,12
Octb~~ ?J?~OO7
Page 4 of 26
From: walkerj
Sent: Friday, August 24, 2007 1 :05 PM
To: tappe_a: BestLinda
Subject: FW: Our Name Change
06~3q~3
Y- p~. ~-~~'
BestLinda
All.
Do we need a contract amendment?
jw
From: CBSA PERFORMAX, A Meritain Health Company [mailtD:saies@meritain.com]
Sent: Friday, August 24,2007 12:41 PM
To: walker.J
Subject: Our Name Change
j
r - MERITAlN'"
'IIIlIIIII"'" HEALTH
August 24. 2007
We are pleased to announce the change of our name to Maritain Health. As you know, we ~ ',J)
joined forces with Meritain Health to give us the size and resources necessary to deliver the ~)) r
flexibility, product offerings and services our clients need. ~'J
What This Means to You ~ ~ ~~c q,\ \
The name change will be a straightforward process. As of September 17. 2007, the CBSA 7
PERFORMAX name will become Meritain Health. It Will nave no eTTect on your Iiealth plan
and benefits, and all contact information will remain the same. The only visible change will be
the Meritain Health name on all future communications, including Guided2Health.
In conjunction with our acquisition of CBSA PERFORMAX, Meritain Health is assimilating the
operations of a number of related entities. These entities include Corporate Benefit Services
of America, tnc., PERFORMAX, Inc., CBSA PERFORMAX. Corporate Healthcare Financing,
Maximum Assurance Xperts, Inc., and Creative Benefit Solutions Agency.
The Power of One
By integrating our resources into one company, Meritain Health has become the nation's
premier manager of self-funded employee health benefit plans. We will maintain this position
by continuing to help you successfully meet the significant challenge of controlling healthcare
benefit costs.
We believe the only way to control costs in the long-term is targeting member health and
wellness. As we implement wellness programs, we focus on detecting and treating chronic
disease. By educating members about their controllable health conditions, we create behavior
change while teaching members to tak.e responsibility for their own healthcare. The result:
k.nowledgeable consumers of healthcare services who make treatment decisions based on
both quality and cost. This inevitably produces savings in the long run.
The Facts
We have developed a suite of materials to make sure you have all of the facts about our name
change. These materials are available for your viewing and download by visiting
htto:IIWVNY. meritain .com/onemeritain.
We will be contacting you next week to discuss any questions you may have. In the interim,
8/29!2007
Agenda Item I~o. 16E 12
October 23. 2007
Page 5 of 26
Your benefits administrator has joined forces with the Meritain Health family.
At Meritain Health, we believe in the potential of a single person to bring about lifelong personal change.
With the right tools, resources and support. each person can achieve health and well-being.
At Meritain Health, we believe in the power of one-we believe in you!
FREQUENTLY ASKED QUESTIONS
What's happening - in a nutshell?
CBSA PERFORMAX has joined forces with Meritain Health and will be part of the new Meritain. We have
addressed the following questions we anticipate you may have about our name change.
You will begin to see communications under the Meritain Health name mid-September.
Willi get a new lD Card?
If you currently have a CBSA, PERFORMAX. or CBSA PERFORMAX 10 Card. we will provide you with a new
Meritain Health 10 Card. In the interim. continue to use your eXisting 10 Card. 00 not throwaway your current 10
Card until a replacement card is received.
What if I need to go to the doctor and do not have my new Meritain Health lD Card yet?
Your existing 10 Card is valid and contains the information your healthcare provider needs. Continue to use your
current 10 Card until a replacement is received.
Will my benefits change?
This is a name change only. None of your benefits, or the great customer service you expect and deserve, will
change.
Will my customer service numbers be changing?
You may continue to use all of the numbers on your current member 10 Card. Nothing is changing other than our
name and our Web site.
Specifically, our name change will have no effect on your health plan or benefits.
. ~IERITAIN'"
HEALTH
Agenda Item No. 16E12
October 23, 2007
Page 6 of 26
-
How will I access my online tools and resources?
You will be able to access your online tools and resources via www.myMERITAIN.com beginning on
September 17, 2007. In the Interim. please continue 10 log in at www.mycbsa.com.
For more information, please refer to the www.myMERITAIN.com fiyer.
Why Meritain Health?
With your employer, we're dedicated to providing you with the right plan, information, tools and resources to
make the best health care decisions you can. We are at your service.
Please feel free to visit www.meritain.com to learn more about us. For any questions regarding our name
change, your benefits or your claims, you may call your customer service representative at the number on your
10 Card.
-
For more information contact the
customer service number on the back
of your JD Card or visff us online at:
www.meritain.com
. MERITAIN'"
HEALTH
.Aaenda item f'>io. 1iJE12
~ OctcJber 23, 2007
;:'ag8 7 of 26
SECRETARY'S CERTIFICATE
The undersigned, Andrea Balogh, being the Secretary of Meritain Health, Inc.
("Corporation"), hereby certifies that:
1. Jacob L. Canova is the President and CEO of the Corporation, having all
the powers and duties normally held by a President and CEO of a
corporation.
2. Jacob L. Canova, President and CEO of the Corporation, has been duly
authorized by the Corporation's Board of Directors to sign instruments,
documents and agreements on the Corporation's behalf.
IN WITNESS WHEREOF, the undersigned, on behalf of the Corporation, has
executed tbis Certificate on the 25th day of September, 2007.
~.!~q~?7
AndreaBalogh '.....---J
Secretary
2007 FOR PROFIT CORPORATION AMENDED ANNUAL REPORT
DOCUMENT# F02000006078
Entity Name: MERIT AIN HEALTH, INC.
Agenda Item r~o. 16E 12
October 23, 2007
FILED Page 8 of 26
Sep 25, 2007
Secretary of State
~
New Principal Place of Business:
Current Principal Place of Business:
300 CORPORATE PARKWAY
AMHERST, NY 14226
Current Mailing Address:
New Mailing Address:
300 CORPORATE PARKWAY
AM HER ST, NY 14226
FEI Number Applied For ( )
FEI Number Nol Applicable ( )
Certificate of Stalus Desired ( l
FEI Number: 16.1264154
Name and Address of New Registered Agent:
Name and Address of Current Registered Agent:
C T CORPORATION SYSTEM
1200 SOUTH PINE ISLAND ROAD
PLANTATION. FL 33324 US
The above named entity submits this statement far the purpose of changing rts registered office or registered agent, or both,
in the State of Florida,
SIGNATURE:
Electronic Signature of Registered Agent
Date
OFFICERS AND DIRECTORS:
ADDITIONS/CHANGES TO OFFICERS AND DIRECTORS:
Title:
Name:
Address:
CitY-St-Zlp:
TItle:
Name:
Address:
City-51-Zip:
Title"
Name;
A~re5s:
City-St-Zip:
Title:
Name:
Address:
City-SI-Zip:
Title:
Name:
Address:
City-51-Zip:
P ( ) Delete
COOPERSTONE, ELLIOT
300 CORPORATE PARKWAY
AMHERST, NY 14226
Title.
Name'
Address;
City-St-Zip:
P (X) Change ( ) Addition
CANOVA, JACOB L
300 CORPORATE PARKWAY
AMHERST, NY 14226
S ( ) Delete
BALOGH, ANDREA
300 CORPORATE PARKWAY
AMHERST, NY 14226
Tille
Name:
Address:
City-5t~Zip:
( ) Change ( ) Addition
T ( ) Delete
PHArv1,THACH
300 CORPORATE PARKWAY
AMHERST, NY 14:226
Title
Name:
Address:
City-S1-Zip.
T, 0 (Xl Change ( ) Addition
PHAM, TI-VtCH
300 CORPORATE PARKWAY
AMHERST, NY 14226
AS ( ) Delete
lOSH, JENNI A
300 CORPORATE PARKVlIAY
AMHERST. NY 14226
Title:
Name:
Address.
City-St-Zip
( ) Change ( ) Addition
( ) Delete
TItle:
Name:
Address:
Clly-St-Zip:
D ( ) Change (X) Addition
COOPERSTONE, ELLIOT 5
300 CORPORATE PARKWAY
AMiERST, NY 14226
I hereby oertify that the information supplied With thiS filing does not qualify for the exemption stated in Chaptar 119, Florida
Statutes. I further certify that the information indicated on this report or supplemental report is true and accurate and that my
electronic signature shall have the same legal effect as if made under oath: that I am an officer or director of the corporation or
the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears
above. or on an attachment with an address, with all other like empowered.
SIGNATURE: ANDREA BALOGH
Electronic Signature of Signing Officer or Director
S
09/25/2007
Date
www.sunbiz.org - Department of State
!\genda Il!>:ag\:ld (j,l5212
October 23.2007
Page 9 of 26
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MERiTAIN HEALTH, INC.
Filing Information
Document Numb!!r F02000006078
FEI Numb!!r 161264154
Oat!! FiI!!d 12/06/2002
Stat!! NY
Status ACTIVE
Last Event NAME CHANGE AMENDMENT
Event Date Fil!!d 04/07/2006
Ev!!nt Eff!!ctiv!! Date NON E
Principal Address
300 CORPORATE PARKWAY
AMHERST NY 14226
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300 CORPORATE PARKWAY
AMHERST NY 14226
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C T CORPORATION SYSTEM
1200 SOUTH PINE ISLAND ROAD
PLANTATION FL 33324 US
Officer/Director Detail
Nam!! & Address
Title P
CANOVA, JACOB L
300 CORPORATE PARKWAY
AMHERST NY 14226
Title S
BALOGH, ANDREA
300 CORPORATE PARKWAY
http://www .sunbiz.org/scripts/cordet.exe?action~DETFIL&in'L doc _ nwnber=F020000060... 9/26/2007
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Agenda li~c2 IDfbZ12
October 23, 2D07
Page 10 of 26
- AMHERST NY 14226
TitleT,D
PHAM, THACH
300 CORPORATE PARKWAY
AMHERST NY 14226
TitieAS
LOSEL, JENNI A
300 CORPORATE PARKWAY
AMHERST NY 14226
Title 0
COOPERSTONE, ELLIOT S
300 CORPORATE PARKWAY
AMHERST NY 14226
Annual Reports
Report Year Flied Date
2006 05/01/2006
2007 03/22/2007
2007 09/25/2007
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09/25/2007 -,ANNl..IALREPORT
03/2212007 -, ANNl..I,AL REPORT
05/01/2006" ANNUAL REPORT
04/07/2006 -- Narne Change
01/14/2005 -,_ANNUAL R.EPO_RI
10/13/2004 -- REINSTATEMENT
Q9/1QL200:i=_ANNUAL REPORT
12106/2002 Foreign Profit
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http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&in~ doc _ number=F020000060.., 9/26/2007
i\genda Item No. 16E 12
C::IOoc--:r 23,2007
Page 11 of 26
ASSIGNMENT AGREEMENT
This Agreement dated as of September I, 2007, is by and between, Corporate
Benefit Services of America, Inc. ("CBSA") and Mcritain Health, Inc. ("Meritain")
WHEREAS, Collier County, Florida ("Client'.) and CBSA entered into an
agreement dated Septcmber 26, 2006 referencing RFP No. 06-3983 ("ASA"), attached
hereto as Exhibit A, pursuant to which CBSA agreed to provide certain ministerial and
administrative services for Client in connection with Client's group insurance benefits;
WHEREAS, effective November 30, 2006, Meritain purchased all the issued and
outstanding stock of CBSA;
WHEREAS, Meritain and its wholly-owned subsidiary, CBSA, remain as going
concerns and as corporations in good standing;
WHEREAS, effective as of September 1,2007, CBSA desires to assign to Meritain,
and Meritain desires to accept such assignment of, all rights and obligations of CBSA
under the ASA;
WHEREAS, Client has informed CBSA and Meritain that that the assignment of the
ASA from CBSA to Meritain requires the prior consent and approval of the Board of
Client
Now. THEREFORE, for and in consideration of the covenants set forth herein, the
parties agree as follows:
I. Assignment and Assumption. CBSA hereby transfers and assigns to
Meritain all ofCSBA's right, title and inrerest in and to the ASA, and Meritain (i) hereby
accepts the assignment, (ii) shall be entitled to all the benefits of CBSA under the ASA.
and (iii) agrees to perform all of the obligations of CBSA under the ASA arising on or
aftcr the Effective Date (hereafter defined) (the "Assignment").
2. Client's Consent and Approval. Nothing in this Agreement shall
constitute a waiver or relinquishment of any term or provision in the ASA, or any rights
or remedies of Client under the ASA. Further, the parties agree that Meritain is not
assuming and liability or obligation which arose prior to the Effective Date hereof. The
parties agree that Client's consent and approval of the Assignment shall be effective as of
tbe date that this Agreement and related documents are duly approved by the Board of
Client in accordance with its charter, bylaws or other documents governing the Board's
right to consent to and approve assignments of contracts (the "Effective Date"), A copy
of the Board of Client's consent and approval of the Assignment shall be attached hereto
as Exhibit B.
Aaenda Item No. 16E 12
~ October 23, 2007
Page 12 of 26
3. Amendment of ASA. The parties agree that as of the Effective Date, the
ASA shall be amended solely to provide that all references to "CBSA" and "Consultant"
in the ASA shall be deleted and replaced with "Meritain", and that other than such
amendment, the ASA, as amended by this Agreement, remains in full force and effect in
accordance with its terms.
4. Miscellaneous. This Amendment may be executed in one or more
counterparts, each of which, taken together, shall constitute one and the same Agreement.
The parties agree to work cooperatively to execute all further documents and perform
other acts as may be necessary to effectuate the Assignment, and as reasonably requested
by Client. This Agreement is governed by the provisions of the ASA regarding
governance of laws.
IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date
set forth above.
CORPORATE BENEFIT SERVICES OF AMERJCA, INC.
BY~/~
-:\"'-C.Oh L G:..nOV","-
Name
?~~,~*~ceo
Title
MERITAIN HEALTIl, INC-
BYp~~
-::S-Oxco'I::J L..- Lc...nov","-
Name
Yn~\ci~ 4- CEV
Title
2
,Aaenda Item f'~o_ 1'SE1::2
~ OctQoer- 22" 2007
Page 13 of 26
. .
..
I
.
AGREEMENT 06-3983
for
Third party Administrator for Groul> Insurance Benefits
THIS AGREEMENT, made and entered into on this 26th day of September 2006, by and
between Corporate Benefit Services of America, Inc. (CBSA), authorized to do business in the
State of Florida, whose business address is 400 Highway 169 South, Suite 800, Minneapolis,
MN 55426-1141 hereinafter called the "Consultant" and Collier County, a political
subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County":
WITNESSETH:
1. COMMENCEMENT. This Agreement shall commence after receipt of the Notice to
Proceed, in the form of a letter from the Contract Manager. The Contract shall be for a
two (2) year period, corrunencing on January 1, 2007 and terminating on December 31,
2009.
The County may, .at its discretion and with the consent of the Consultant, extend the
Agreement under all of the terms and conditions contained in this Agreement for two
(2) additional one (1) year periods. The County shall give the Consultant written notice
of the County's intention to extend the Agreement term not less than ten (10) days prior
to the end of the Agreement term then in effect.
2. STATEMENT OF WORK. The Consultant shall furnish Third Party Administration for
Group Insurance Benefits in accordance with the terms and conditions of RFP #06-3983
and the Consultant's proposal hereto attached and made an integral part of this
agreement.
3. THE CONTRACT SUM. The County shall pay the Consultant for the performance of
this Agreement in accordance with Exhibit A, Cost Proposal, hereto attached and made
an integral part of this agreement. Payments shall be made. to the Consultant not more
frequently than once per month.
Payment will be made upon receipt of a proper invoice and in compliance with Section
218.70 F.S. otherwise known as the "Florida Prompt Payment Act".
4. NOTICES. All notices from the County to the Consultant shall be deemed duly served
if mailed or faxed to the Consultant at the following Address:
Agenda Item No. 16E12
October 23, 2007
Page 14 of 26
.
. ,
Corporate Benefit Services of America, !ne;
400 Highway 169 South, Suite 800
Minneapolis, MN 55426-1141
Attn: R. E. Wolf, President and CEO
FAX: 952.546.9468
All Notices from the Consultant to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Purchasing Department - Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
Attn: Steve Carnell
FAX: 239.732-0844
The Consultant and the County may change the above mailing address at any time
upon giving the other party written notification. All notices under this Service
Agreement must be in writing.
5. NO P ARTNERSIllP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Consultant or to constitute the Consultant as
an agent of the County.
6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Consultant. Payment
for ail such permits issued by the County shall be processed intemalIy by the County.
All non-County permits necessary for the prosecution of the Work shall be procured
and paid for by the Consultant. The Consultant shall also be solely responsible for
payment of any and ail taxes levied on the Consultant. In addition, the Consultant shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Consultant agrees to comply
with all laws governing the responsibility of an employer with respect to persons
employed by the Consultant.
7. NO IMPROPER USE. The Consultant will not use, nor suffer or permit any person to
use in any manner whatsoever, county facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Consultant
or if the County or its authorized representative shall deem any conduct on the part of
the Consultant to be objectionable or improper, the County shall have the right to
suspend the contract of the Consultant. Should the Consultant fail to correct any such
violation, conduct, or practice to the satisfaction of the County within twenty-four (24)
/"""""
Apenda item No.1 eE i 2
C,<~tobe!- 23. ':":007
Page 15 of 26
.~
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Consultant further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
8. PROHIBffiON OF GIFrS TO COUNTY EMPLOYEES. No organization or individual
shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other
item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative
Procedure 5311. Violation of this provision may result in one or more of the following
consequences: a. Prohibition by the individual, firm, and/ or any employee of the firm
from contact with County staff for a specified period of time; b. Prohibition by the
individual and/ or firm from doing business with the County for a specified period of
time, including but not limited to: submitting bids, RFP, and/or quotes; and, c.
immediate termination of any contract held by the individual and/ or firm for cause.
9. TERMINATION. Should the Consultant be found to have failed to perform his
services in a manner satisfactory to the County as per this Agreement, the County may
terminate said agreement immediately for cause; fu!ther the County may terminate this
Agreement for convenience with a seven (7) day written notice. The County shall be
sole judge of non-performance.
10. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination
as to race, sex, color, creed or national origin.
11. INSURANCE. The Consultant shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include Premises and Operations; Independent
Consultants; Products and Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single limit for Bodily Injury Liability and Property
Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned
Vehicles and Employee Non-Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
D. Professional Liability Insurance: The Consultant shall maintain Insurance to
insure it's legal liability for claims arising out of the performance of professional
services under this Agreement. Coverage shall have minimum limits of $1,000,000
Per Occurrence.
.
Agenda Item No. 16E 12
Octoner 23. 2007
Page 16 of 26
Special Requirements: Collier County shall be listed as the Certificate Holder and
included as an Additional Insured on the Comprehensive General liability
Policy.
Current, valid insurance policies meeting the requirement herein identified shall
be maintained by Consultant during the dUration of this Agreement. Renewal
certificates shall be sent to the County thirty (30) days prior to any expiration date.
There shall be a thirty (30) day notification to the County in the event of
cancellation or modification of any stipulated insurance coverage.
Consultant shall insure that all subConsultants comply with the same insurance
requirements that he is required to meet. The same Consultant shall provide
County with certificates of insurance meeting the required insurance provisions.
12. INDEMNIEICATION. To the maximum extent permitted by Florida law, the
Consultant or Consultant shall indemnify and hold harmless Collier County, its officers
and employees from any and all liabilities, damages, losses and costs, including, but not
limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of Consultant or Consultant
or anyone employed or utilized by the Consultant or Consultant in the performance of
this Agreement. TIris 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.
13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Risk Management Department.
14. CONFLICT OF INTEREST: Consultant represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder. Consultant further represents
that no persons having any such interest shall be employed to perform those services.
15. COMPONENT PARTS OF TInS CONTRACT. This Contract consists of the attached
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Exhibit A, Cost Proposal; Insurance Certificate; Consultant's Proposal; and
RFP #06-3983, "Third Party Administrator for Group Insurance Benefits.
16. SUllTECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
17. VENUE. This agreement shall be construed in compliance with Florida Laws. Venue
shall be in Collier County, Florida.
-
Acenda item f\jo. 16E 12
" ~)ctobe[ 23, 2007
Page 17 of 26
IN WITNESS WHEREOF, the Consultant 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
vvritten.
A'I"!]ST:o ^ 'c:o":\". ' ,
DWight E. Bro~erJ?of Courts
, .._-.
~-B -.-:'!":'~"f~~-:;-~:":\ ':' ;-~~j._\: ,,- .-<:1.( .
- ys\W:!ii"~ .'
,',"' r~ f ...
'Date~~'N ,< "
'.,. ! ~S~1~~~t,;,:~~;jC .,'
~ '. I i}J, "'--.....0"'-
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
c:::-- ~ ~::z. ~
Frank Halas, Chairman
Corporate Benefit Services of America, Inc.
/;/.
C 7FII~r/ - -
c:~ L ,i~tX
TYpe~/ t wl~ess n~e
~j,diJ IVi;)
Sec nd Witness
By:~~h
5 ature
---...
Jacob L Canova
President, Chief Executive Officer
,
Typed signature and title
<<). c.hplle (lr1/li(] ~
Type/print witness name
Approved as to form and
legal sufficiency:
~~
Colleen M. Gree~
Assistant County Attomey
Agenda Item No. 16E 12
October 23, 2007
Page 18 of 26
'.
Exhibit A
Cost Proposal
Collier County Government
Exhibit A, Cost Proposal from CBSA
Initial set-up fee (one time charge per
em 10
Annual reoCXlJtling fee (express as a one
time cha e em 10 ee
Medical administrative fee as a monthly
cost er em I ee
Dental administrative fee as a monthly
cost er em I ee
Annual fee for on-slte customer service
representative
Additional fees for custom rts
Fees for dedicated account service
Fees for toll free customer service line
Fees for Interface with a custom direct
contracted rovider network
Fees for Interface with Community Health
Partners Utilization review and case and
disease mana ement services
ldenti an additional com nents for which
List an additional item in left ma In,
Programming for data feed from SAP
system to CBSA, or for programming
of any new or changed data feeds
with other vendors. Data file transfer
programming for SAP will be
operational on or before January 1,
2007.
Subro ation Services
Mailing of employee packets/IO
cards to employees' homes for new
employees, or during open
enrollment
Annual Flex Administrative Fees
$40,000 for a 30 hour work week
54 000 for a 40 hour work week
150 er hour if rammln re uired
Included In medical fee
Induded In medical fee
Included In medical fee
Included in medical fee
u assess a se arate cha
$150 per hour
25% of the total recove
$3.50 per packet
750 annual fee
A-I
Aaenda item ~~o" 16E12
" CJCtoD9!" 23 2007
Page 19 of 25
.
CCG may also consider purchasing additional selVice related to COBRA, HIPAA, and spending account
administration. Please use the following tabie to present your cost quotations for 2007, 2008, 2009
for the areas indicated:
--;:-::-t:::_:"~~:-:"-:-r -~'_~'::; ~5 ~.,.;=-;--~!;:~-:-;:-'_~~ -~;;'"""';-""_''-';;--_ -=--7~:-1'- _-;~;;:]'l~;ij
-J;11 '-"1"1_ ,',.I'l'-' ,:Ct;J- ',> H-' ~ l../:"'-L-',,!' ~ .L-.-/j:';: ..~,,~, _,. ,1 -~:.~ ._~-!_.:-,- = _~
~?1: ~:~~~ ~~~~ - ~~_ '-;~_~_~' -' ~ .i/ ~~---'~::::~:~~~~~"T:~~~ij[~:- ~~i-;~T~t~:~~:~~~~':;~~ ~0~-~)~~
Additional Services
COBRA Administration
HIPAA Administration
Medical Reimbursement Account Administration
1.05 1.05
.35 .35
$3.50 per $3.50 per
partldpatlng participating
em 10 ee em 10 ee
Induded in price above
1.05
.35
$3.50 per
partldpating
em 10 ee
Dependent Care Reimbursement Account
Administration
*'*'The onslte customer Advocate would be terminated on the date that CCG terminates the services
of CBSA. There would not be an onsite customer Advocate during the run-out period.
End of Schedule A
Agenda Item No. 16E 12
October 23. 2007
Page 20 of 26
ACORD.
PROD CER
.4.0n Risk services ,Inc. of Maryland
500 East Pratt Street
aaltimore MD 21202
PHONE. (866) 283-7124
INSUREO
perfoflllax Holdings, Inc.
1 south St
10th Floor
Baltimore MO 21202 USA
FAX. (866) 430-1035
COMPANY
A
Executive Risk. Indemnity
COMPANY
B
Federal Insurance company
"
.
"
."
d
.
"
~
~
"0
"'
GOMPO\NY
C
COMPANY
THIS IS TO CERTIFY THAT THE POliCIES OF INSURANCE LISTED BELOW HAVE BEEN IssUED TO THE INSURED NAMED ABOVE FOR THE POlley PERIOD
INDICATED, NOTWITHSTANDING AAY REQUIREMENT, TERM OR CONOmON OF AN'( CoNTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POliCIES OESCRlaEO HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF-SUCH POLICIes. LIMrTSSHOWN MAY HAVE BEEN REDUCED BY PAID LAIMS.
TVPI: OF INSURANCE
POLlCVI'lUMBEli
'OUCY 1Q'IPECI'lV
DA.Tl(MMlllO!l'V)
01/01/06
UMm
l.lEO ExP (Arri on. I*WOn)
~
~
~2,000,OOO g
12,000,000
~
11,000,00 S
11,000,00 ~
n,OOO,ooo 0
510,000 ~
;;
Sl,OOO,ooo ~
"
~
u
35366812BA.L
cOI1l1el"'c1al patkage
01/01/07
GENERALAOOREGATE
PROQUCTS . COMPIOP 1\.00
PERSONAl. .. /IJ:N INJURY
EACH OCCllAAENCE
FIRE OAWlGECNw "". InJ
COMM~ GENERALUABILlTY
CtAlMSMA.OE [RJOCCUR
OWNER'S" CQN'TRACTOR'S PROf
.
AlJTOII081l..ELlABLfTY
,"",AUTO
N.l. CMlNEO AUTOS
SCHECUl.EOIWTOS
X HIRED AUTOS
X NO~EDAUTOS
0673SU969
Aut.olllObi 1e L i ani li t.y
OljOl/06
01/01/07
COMBINED SINGLE UMIT
BCDLY INJURY
(h'PI'.aonl
800lL Y INJURY
{P"'.Q:lid....O
PROPERTY DAMAGE
.
~~SL.IAB1LITY
UMBRELlA FCRM
OTHER ll-to'N UMBflEl..LA FORM
AIJTO ONLY. EA ACCIOEI'lT
OTHER THAN AUTO ON'.. ~
EACfI ACCIOEI'IT
AGGREGATE
EACH OCCURRENCE
AOORI':QA.TI':
CiARAGE U~IUTY
/oNVAUTO
0771648ZU
t/orker:; cOInpensil"tion
OllOl/06
01/01/07
El DISEASE. POLICY LIMIT
INCL
EXCL
collier county
Attention: purchasing Building
3301 E. Tamiami Trail
Naples FL 34112 USA
EXPlRAllON DAn; T1-IEREOF, THE t5SUING COMPANY WILL ENOf.AVOR TO MAIL
noo,ooo
=
52,000.000_
::i
li
~
~
workers' compensation and Employers' Liability as ~
of the Insured under said contract, and always subjec't .......
~
~
"-'
~
I~
~
~
~
iii
EL DISEASE-lOA EMPlO'l'EE
^
&16040Q.4
Fiduciary Liability
10/27/05
lOjZ7/06
~1duciary L1abiliry
oeSCR1PnOM OF OP'!RATlOHSlLOCA1l0NSNEHIC1.ESlSPec1AL 1119l!
RE: Contract No. 06-3983
Collier c.ounty is added as an Additional Insured excluding
required by written contract but limited to the operations
SKOUlO NN OF THE AaOVE DESCRIBED POLICIES BE CANCE\..LEO BEFORE THE
ao 0",'1'5 WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Bm F,IoJLURE TO MAll. SUCH NOTICE SHI\l.L IMPOSE NO OSL1GAnON OR LIA.91Ll'TY
OF /lJN IN UPON THE COMPANY. ITS AGENTS OR REP SENTATI
AUTHORlZEDREPRESI:iNTATlVE ~~~~-/- II'
p,oenda Item hlo 161= 12
~ f~'rTn[.'C'r- '7'"), '7-007
--.?,"u /~, ~~, ~
Page 21 of 26
"Attachment to ACORD Certificate for Performax Holdings, Inc.
The terms, conditions and provisions noted below an:: hereby attacbed to the captioned certificate as additional description of the coverage
afforded by the inrnrer(s). This attachment does not contain all terms, conditions, coverages or exclusions contained in the policy.
INSURED
Performax ~oldings, Inc.
1 South St
10th Floor
aal~imore MO 21202 USA
CQMPAI'{Y
COM''''''
COMPANY
COMPANY
"'""ANY
ADDITIONAL poucles
If a policy below does not include limit infonnarion, refer to the corresponding policy on the ACORD
certificate form for policy limits.
roucv 'DUn
co T1'PE OF INSURANCE rou{"\' "'"UMBER "..en"" ltXPIRAnON UMm
en J'OLICY llESalU'TION Dm DAn
DESCRIPTION OF OPERATIONSJl.OCATIONSNEHlct.ESlSPEClA!. JTBIIS
to the policy terms, conditions and exclusions.
cancellation Provision shown herein is subject to shorter or longer 'time periods depending on the
jurisdiction of, and reason for. the cancellation
Certificate No:
570019530597
Agenda Item No. 16E 12
October 23, 2007
Page 22 of 26
ACORD.
PRODUCER
ADn Risk. services ,Inc. of Maryland
500 East pratt. street
Baltimore ~D 21202
DATI< MM!OO/YY)
09 06
TH1SCERT1FIC TeIS UEDAS A MAl'T'CR OF INFORfe1ATION
ONLY AND CONFERS NO RIOHl$ UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR
AL. TER TH C GE FFOME B T E PO C LOW.
COMPANIES AFflDRPING COVERAGE
PHONE - (&66) 283-7124
INSURED
performax Holdings, Inc.
1 South St
10th Floor
Balt;lllOre MD 21202 USA
FAXM (866) 430-1035
COMPANY
.
Federal Insuran~e company
"""'ANY
.
COMPANY
C
.!l
)
.
..
..
=
THIS IS TO CERTIfY TH.\T THE POLICIES OF INSURANCE LISTED BB.OW HAVE SeEN ISSUED TO nlE INSURED NAMED ABOVE FOR 1l1E. POLICY PERIOD
INDlCA1EO, NOTWITIiSTAHDlNG ANY REQUIREMENT, TERM OR CONDrTlON Of ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH iHlS
CERnF1CATE MAY BE ISSueD OR MAY PERTAIN, l1-IE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS Of SUCH POlICIES. UMrTS SHOWN NA'f HAVE BEEN REDUCED BY PAtD CLAIMS.
TYPe or msull.ANCE rOUCVNUM1lt'll POuCYuncnv~ POLlCY EXPDlAno ""',.
DATS(folMIIl~ DA.TI (MM1DDfYY)
3S366812BAl 01/01)06 01/01/07 GENERAl AGGREGATE
comercfal pack.age ROOUCTS. COMPIOf> AGG
PEFlSONolol."AlWINJ.JRY
EW:HOCCURRENCE
FlREDAMo\GE(AIIvl1IIltfirel
MED EXP IMoI "". IleIWCII'Il
A AUTC*OBlI..EUA.8ILTTY 0673518969 01/01/06 01/01/07 COUllINSIl sINGLE UMIT
NlYAlJTO AUtOlllobile Liability
AlL OWNED AUTOS BODILY INJURY
SCHEOULEOAUTDS (PwpMltOll)
X HlREOAlITOS RODI. Y INJURY
X NON.OV\otol!':D AUTOS (f'erarid..t)
PROPERTYOAMMOE
G...R.AGEUABIUTY AUTO ONLY. EA ACCIOEIfl
"""'"'0 OTHEfI Ti'4AN AUTO DHLY;
EACtlAcClO91T
AG(iREGAT'E
acES:! UABlLrTY ~CHOCCURRENcE
l.HfWJ.A FOIW AGGREGATE
OTHER THAN Uh.'IIREl.lA FORM
A WORKER'S COMPENSATION. "'NO 0771648Z11 01/01/06 01/01/07 X WCSTAnl- n
EMPLOYERS' UMn..JTY wor1:;ers compensation B. EACH ACClDEHT
THEPROPRlf;TOR/ N"- ~OlSEASE-f'OLlCYLlt.lT
P...RTtlERSlEXECUTIVE
OFFICERSAAE: <XC, EL DISEASE-SA EMPl...DYEE
~
n,OOO,OOO N
M
~
$2,000, ...
M
51,000, ~
:5
$1,000,00 ~
~
$1,000,00 ;;
510,00 '"
Sl,OOO, 000 ~
~
U
$500,000
$500,0
OESCRP11ON Of' OPERATIONSIlOCATlONM'EtlICLE$/SPECw.. ITEMS
RE: Contract No. 06-3983
collier County is added as an Additional Insured excluding workers' Compensa't.;on a.nd Employers' Liabili'tya.s
required by wr;'tten contrac't but lim;'ted to the operations of the Insured under said con'tract, and always subject
Collier county
Attention: purchasing Building
3301 E. Tamiami Trail
Naples Fl 34112 USA
SHOU.O ANY Of THE ABOVE DESCRIBED POUCIES fiE !:-'NealEO IlEFORE THE
EXPIRATION OrATE nlEREOF, THE I55UINli COMPANY WIll. ENOU,VORTO MAIL
30 DAYS WRITTEN WOTlCE TO THE CERTIFICATE HOLDER N-'MEO TO THE LEFT.
BUT FAIlURE TO /oWl SUCH NOTICE SHALl. IMPOSE NO OBUGATlON OR LlABILIi'l'
AH'l' 1<11010 UPON THE COW>ANY IT AGENTS OR "EPRE NTATtVI"S.
AU1lfOR1ZEO REPRESENTATIVE .J--~as--___
-
;l,genda hem t~o. 16:= 12
Qcrobar 23, 2007
23 of 26
Attachmentto ACORD Certificate for Performax Holdings, Inc.
The terms, conditions and provisions noted below are hereby attached to the captioned certificate as additional description of the covm.ge
afforded by the insurer(s). This attachment does not contain all terms., conditions, coverages or exclusions contained in. the policy.
INSURED
performax Holdings, Inc.
1 South St
10th Floor
Baltimore MD 21202 USA
COMF'ANY
COM?ANY
COMPANY
CO"""'"
COMPANY
ADDITJONAL POUCIES
!fa policy below does Dot include limit information, refer-to the corresponding policy OD the ACORD
certificate form for policy limits.
roUeY POLICY
co n'PE OF INSURANCE l'OUCYNtlMKR """""" EXl'fltAnON UM<"
CT' POUCYDISCIUPTIOI'l om DAn<
DESCR"TlON OF OPERA TIOfrtSll..OCA TIONSlVEHIClESISPEClM.lTEMS
to the policy termst conditions and exclusions.
cancellation provislon Shown nerein is subject to shorter or longer time periods depending on the
jurisdiction of, and reason for, tne cancellation.
Certificate No:
570019316328
Aaenda Item No. 16E 12
- "ctober 23. 2007
RECEIVED Page 24 0126
RISK MANAGEMENT REVIEW REQUEST
o'mCHASING REPT.
DATE RECEIVED
SEP 2 6 2007
RISK HANAGf/ofENT
TO:
Wayne Fiyalko
Risk Manager
FROM:
Linda Jackson Best
Contract Specialist
Purchasing Department
t
~ f~L." 1
~-lryL
DATE: Wednesday, September 26,2007
RE: Review of Insurance for Contract No. 06-3983, "Third Party
Administrator for Group Benefits", reassignment of the contract from
Corporate Benefit Services of America, Inc, (CBSA) to Meritain Health, Inc.
(Meritain)
The original Contract was approved by the BCC on September 26, 2006 ;
Agenda Item 16(E)(1).
Jeff Walker was advised by email on August 24th that Meritain was going to
purchase CBSA in September.
The required documentation has been sent to the County Attorney's office for
review, attached is a copy of the original agreement and copies of Meritain's
insurance coverage for your review.
Please advise if all is in order and Risk Management will accept the insurance
certificates.
The formal re-assignment will be presented to the BCC at an upcoming Board
Meeting, October 23 to be exact.
Thank you!
cc: Jeff Walker
Alice T oppe
MARSH
I::. E. ':'='."i_~
Agenda !lem No. 16E 12
Octo:Y3r 23, 2007
Page 25 of 26
PRODUCER
MARSH USA, INC.
665 MAIN STREET
SUrTE: 320
BUFFALO, NY 14203
Attn: Upstate.certrequest@Marsh.com Fax: 212-948-0931
CERTIFICATE NUMBER
NYC-002728587-01
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONl.Y ANe CONFERS
NO R1G;HTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
POLlCY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
AFFORDED BY THE POUOIES DESCRIBED HEREIN.
COMPANIES AFFORDING COVERAGE
80198-NAHP~ALL"'{)7-08
COMPANY
A HARTFORD FIRE INS CO
INSURED
MERrTAIN HEALTH. INC.
300 CORPORATE PARKWAY
AMHERST, NY 14226
COMPANY
B N/A
COMPANY
C TVVIN CITY FIRE INSURANCE CO
COMPANY
o
:v.e:-.;,. IIEI
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR 1liE POUCY PERIOD INDICATED.
NOTWITH$TANDNG ANY REQUIREMENT, TERM OR CONDmON OF Am CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTlFlCATE MAY BE ISSUED OR MAY
PERTAIN. THE INSURANCE AFFORDED BY THE POlICIES DESCRIBED HEREIr\I IS SUBJECT 10 AU THE TERMS, CONOITlONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGA1E
LIMITS SHOWN MAY KAVE BEEN REDl..lCED BY PAIDCLAlMS.
CO TYI"E OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POWCY EXI"IRATION
erR DATE (MMlODIYY) OA n; fMMtDDIVY) LIMITS
A GENERAL L1ABIUTY 10UUN1E8122 06/01/07 06/01/08 GENERAl AGGREGATE $ 2.000,000
COMMERCIAL GENERAL LIABILITY PRODUCTS. COMP/OP AGG 1$ 2.000.000
CLAIMS MADE 0 OCOJR PERSONAL & ADV INJYF3.Y $ 1,000.000
i OWNER'S & CONTRACTOR'S PROT EACH OCOJRRENCE i$ 1,000,000
FIRE DAMAGE Anyone fire !$ 300,000
MEDEXPIA ~ ~ 1$ 10,000
A AUTOMOBILE LIABILITY 10UUNTE8122 06/01/07 06101/08 1,000,000
COMBINED SINGLE LIMIT $
X , ANY AUTO I
ALLOWNEDAVTOS BODILY INJURY 1$
SCHEDULED AlITOS (per person)
X HIRED AUTOS BODILY INJURY
X (pl!ra~cident) $
NON-OWNEDAUTOS
PROPERTY DAMAGE 1$
I
, GARAGE LIABILITY AUTO CNL Y - EA ACCIDENT 1$
ANY AUTO OTHER THAN AUTO ONLY
EACH ACCIDENT $
AGGREGATE $
EXCESS UABIUTY I EACH OCCJRRENCE $
UMBRELLA FORM AGGREGA. ~ $
OTHER THAN UMBRELLA FORM $
C WORKERS COMPENSATION AND 10WBRT8021 04/01/07 ! 04/01/08
EMPLOYERS' LlABIU7Y
500.~00
THE PROPRIETOR! ~INCL EL DISEASE-POLlCY LlMrT 500,000
PAR1NERSIEXECUTlVE
OFFICERS ARE I EXCL EL D1SEASE-EACH EMPLOYEE $ 500,000
OTHER
DESCRIPTION OF OPERA TlONSILOCA TlONSIVEHICLESJSPECIAL ITEMS
RE: CONlRACT NO. 06.3983
COLLIER COUNlY IS ADDED AS AN ADDITIONAL INSURED AS RESPECTS GL AS REQUIRED BY WRfTTEN CONTRACT BUT LIMITED TO THE
OPERATIONS OF THE INSURED UNDER SAID CONTRACT, AND ALWAYS SUBJECT TO THE POLICY TERMS, CONDITIONS AND EXCLUSIONS.
.Ug~CAJ:e.;,HOLOER....""".<.\.,.;~,,,,"~::,,,~~,,ga=_CANCELliGIO!!iliii'"'~':C""''''''"';jl1lB' "~;~,,
~. . ...,," ... "r~!;?i?lft'1;'i~;i;ib1:JiJl'Sjf,i1'. . .":.;:A~~~,~",.....,,- ~.:~--$:~'" - 1;::,;:j:?~~ ., '.,t'J;;'. .:J.:'i:,d,,-.
COLLIER COUNTY
ATTN: PURCHASING BUILDING
3301 E. TAMIAMI TRAIL
NAPLES, FL 34112
SHOULD ANY" Of' TI-lE POUClES DESCRIBED rfEREIN BE CANCElJ.ED BEFORE THE EXPIRATION DAtE: THEREOF.
Tli!:: IIIlSURER AfFORDING COVERAGE WIU EIIlOEAVOR: TO MAli. -3ll DAYS WRITTEN 1Il0nCE TO THE
CERTlFiCA.TE; ItOLDER NAMED HEREIN, BVT FIVLURE: TO MAIL SUCH NOnCE SHALL IMPOSE NO OBUGA.nON OR
LIABILITY OF NoN KIND UPON THE INSURER AFFORDlNG COVERAGE. m;. AGENTS OR REPRESENTAllVES, OR "THE
ISSUEROFn-uSCERl1FlCATE
MARSH USA INC.
BY: Nancy P Mancuso
~.........., {>. "'A_,..
J
Aaenda Item No. 16E12
.. October 23. 2007
Page 26 of 26
Marsh USA Ioc.
175 Sully's Trail, Suite 30J
Pitlsford, NY 14534
THtSCERTlFlCA AS A MATTER OFINFORMATI ONLY ANDCONFERSNQ
RlGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE POLlCY,
THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY
THE POLICIES DESCRIBED HEREIN.
COMPANIES AFFORDING COVERAGE
COMPANY
A Twin City Fire Insurance Company
INSURED
COMPANY
Meritain Health Group, Ine.
300 Corporate Parkway
Amherst, New York 14226
B
COMPANY
C
COM? ANY
D
TInS IS TO CERTIFY THAT pOUCIES OF fNSURANCE DESCRIBED HEREIN HA VB BEEN ISSUED TO THE INSURED N!\MED HER.EJN FOR TIlE POLlCY PERIOD INDICATED.
Non\'ITHSTAND!NG ANY REQUIREMENT, TERM O~,CqNDI'DON_ OF ANY CONTRACT OR OTHE:R DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATEMA Y BE
ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE-P6UCTES DESCRJBED HEREIN JS SUBJECT TO ALL THE TERMS, CONDmONS AND EXCLUSIONS OF
SUCHPOLCIIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF' INSURANCE POLICY NUMBER
LTR
POLlCY
EFFECTIVE
DATI;
(MMJDDNY)
POLlCY
EXPIRATION
DATE
(MMIDDfVY)
LIMITS
AUTOMOBILE LIABILITY
ANY AUTO
AU OWNED AtITOS
SCHEDULED AUTOS
HIRED AUTOS
NON..oWNED AUTOS
GENERAL AGGREGATE
PRODUCTS COMP/OP AGO
PERSQNAL& ADV INJURY
EACH OCCURRENCE
FIRE DAMAGE (Anyone lire)
MED EXP (An one II)
COMBfNED SINGLE LIMIT
BODILY INJURY
{Per person)
,
,
s
,
,
s
,
GENERAL LIABILITY
COMMERCIAL GENERAL LlABIUTV
CLAIMS MADE D OCCUR
O\VNER'S & CONTRACTOR'S PROT
,
BODILY INJURY
O'er accident)
PROPERTY DAMAGE
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBREUA FORM
I WORKERS COMPENSATION AND
EMPLOYER'S LIABIUlY
THE PROPRIETOR! D INeL
PARTNERS/EXECliTIVE .
OFFICERS ARE.
AurO aNi Y EA ACCIDENT
OTHER THAN AUTO ONLY
EACH ACCIDENT
AGGREGATE
EACH OCCURRENCE
AGGREGATE
,
,
EXCL
WCSJATUTORY
LIMITS
EL EACH ACCIDENT
EL DlSEASE-POLlCY LIMIT
EL DISEASE-EACH EMPLOYEE
A
OTHER
Private Cboi<< Encore Policy
00 KB 0223438-06
11130/06
11130107
Fiduciary Liability
S5.000.006 AggreGate Limit ofLi:.ability
DESCRIPTION OF OrEllA TIONSlLOCA TIONSlSP"ECJAL ITEMS (LIMITS MAY 8E SUBJECT TO DEDUCTIBLES OR RETENTIONS)
Re: Cootract No. 06-3983
"ftr.II!
,'~!im: ~j
"
'~::;~~;';1S#{\
-'
Collier COlUlty
Attn: Purchasing Building
3301 E. Tamiami Trail
Naples. FL 34112
SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF. THE INSURER AFFORDING
COVERAGE WILL ENDEAVOR TO MAIL....ML..-DA YS WRllTEN NOTICE
TO THE CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MArL
SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR UABlLlTY OF ANY
KIND UPON THE INSURER AFFORDING COY RAGE. lTS AGENTS DR
REPRESENTATNES.
MARSH USA INC. '.
BY:
',;;;;s;,,;;p/;,r<':-'.'
.-
,;-J}:,'fil(,*,~: ,'~'jf"),'~.ii%.L~~l.W_~..,ii
',~m~~A:UI>'ASOF'i'" .rl'if~.:e:f'-
EXECUTIVE SUMMARY
Agenda Item No. 16F1
October 23, 2007
Page 1 of 4
Recommendation to adopt a resolution approving amendments (appropriating grants,
donations, contributions or insurance proceeds) to the Fiscal Year 2006-07 Adopted Budget
OBJECTIVE: That the Board of County Commissioners adopts the attached resolution and the
related amendments that amend the Fiscal Year 2006-07 adopted budget in accordance with
Section 129.06, Florida Statutes.
CONSIDERATIONS: Section 129.06, Florida Statutes defines how an annual budget, as
adopted by the Board, can be amended. Budget amendments recognizing grants, donations,
contributions, or insurance proceeds that increase tbe total appropriations of a fund over the
adopted annual budget may be approved by resolution of the Board of County Commissioners.
Each of the budget amendments in the attached Resolution has been reviewed and approved bv
the Board of Countv Commissioners via separate Executive Summaries. The attached
Resolution was reviewed and approved by the County Attorney's Office for legal sufficiency.
FISCAL IMPACT: The amendments and executive summaries, which were previously
considered and approved by the Board, contained their respective fiscal impact statements.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDATION: That the Board adopts the attached resolution amending the Fiscal
Year 2006-07 adopted budget.
Prepared by: Michael Smykowski, Director, Office of Management and Budget
",.",...".
RESOLUTION NO. 07-BAR-
A RESOLUTION PURSUANT TO SECTION 129.06(2), FLORIDA STATUTES,
TO AMEND TIlE BUDGET FOR FOURTH QUARTER OF THE 2006-07 FISCAL YEAR.
WHEREAS, Section 129.06(2), Florida Statutes, provides that the Board of County Commissioners (hereinafter also referred
to as "Board") at any time within a fiscal year may amend a budget for that year, and provides the procedures therefore; and
WHEREAS, the Board of County Commissioners of Collier County, Florida. has received copies of budget amendments which
provide for but are Dot limited to: revenue from grants, donations or contributions, or insurance proceeds for a designated purpose.
WHEREAS, the Board has determined that it is appropriate to amend the Budget for Fiscal Year 2006-07 by resolution pursuant
to Section 129.06, Florida Statutes.
NOW, THEREFORE, BE IT RESOLVED BY TIlE BOARD OF COUN1Y COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, that the budget amendments to the FY 2006-07 Budget described below are approved and hereby adopted and the
FY 2006-07 Budget is so amended.
BUDGET
AMENDMENT
FUND NUMBER
INCREASE
(DECREASE)
RECEIPT
INCREASE
(DECREASE)
EXPENDITURE
EXPLANA nON FOR
APPROPRIATION
INCREASE
(DECREASE)
RESERVES
117 07-626 $20,000 120.000 Recognize funds from Florida Boating ~rovement
Grant to establish expense budget.
117 07-633 $25,000 $25,000 Recognize funds from U.s. Fish & Wildlife Grant for
habitat restoration..
121 07-625 $2,339,882 $2,339,882 Recognize funds from the Disaster Recovery Initiative
for Urban Improvement
123 07-572 11,830 $1,830 Recognize fund increase from Older Americans Act for
nutritional support services.
123 07-573 $2,977 $2.977 Recognize funds from Older Americans Act for
nutritional support services.
123 07-574 $3,449 $3,449 Recognize funds from Older Americans Act for
in bome support services.
123 07-579 $21.950 $21,950 Recognize funds from Older Americans Act for
in home support services.
123 07-580 $2,158 $2,158 Recognize funds from Older Americans Act for
facilitydaycare services.
123 07-581 $714 $714 Recognize funds from Older Americans Act for
case management support services.
129 07-589 $19,592 $19.592 Recognize State Aid to Libraries for electronic
database purchase.
306 07-569 $30,379 $40,505 ($10,126)Recognize funds from the Clean Vessel grant for a
sewage pump out station at Caxambas Park.
306 07-570 $200.000 $200.000 Recognize Development Assistance Grant for
Delasol Park.
306 07-582 $9.898,650 $9,898.650 Recognize funds from Florida Communities Trust Grant
to pay down debt for zoo land acquisition ..vith the
remainder going to Gordon River Park.
J13 07-560 $704,375 $704,375 Recognize funds from FDOT for sidewalk construction.
313 07-561 $170,625 $170,625 Recognize funds from FOOT for sidewalk construction.
-1-
Agenda Item No. 16F1
October 22,,2007
Page 2 of 4
BUDGET INCREASE INCREASE rNCREASE
A.'\llNDMENT (DECREASE) (DECREASE) (DECREASE) EXPLANATION FOR
FUND NUMBER RECEIPT EXl'ENDITURE RESERVES APPROPRlAT1ON
313 07-615 $292.891 $292.891 Recognize funds from developers for Transportation
Capital Projects.
517 07-613 $500,000 $955,400 ($455.400) Recognize insurance reimbursements for health
Insurance claims through the end ofFY07.
BE IT FURTlIER RESOLVED that the Clerk is hereby ordered and directed to spread this Resolution in full among the minutes of
this meeting for permanent record in his office.
This Resolution adopted this 23fd day of October, 2007, after motion, second and majority vote.
AITEST,
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
DEPUTY CLERK
JAMESCOLETTA,CH~AN
Approved as to fonn and legal sufficiency:
David Weigel, County Attorney
- 2-
Agenda Item No. 16F 1
October 23. 2007
Page 3 of 4
nlgl: I UI I
Agenda Item No. 16F1
October 23, 2007
Page 4 of 4
COLLIER COUNTY
BOARD OF courny COMMISSIONERS
Item Number:
Item Summary:
151:1
Meeting Date:
Recolnlllendalion to adopt <l resolution apPlOviny amendments (appropriating grants,
donaliol1s, contributions or insurance proceeds) to the Fiscal Year 2006-07 Adopted Budget
lOi23/2U(i7 90():()U AM
Allproved By
OMS Coordinator
Appliciltions Analyst
Date
Adrninistrntive Service~
Information T('{;hnoloyy
10115/2007 3:23 PM
Apl)rOved By
Michael Smykowski
Monagement & Budget Director
Date
county Malla~ler'~ Office
Office of Managenwnl & Budget
10/15/20073:32 PM
Approved By
James V, Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
10/16/20079:23 AM
Aaenda Item No. 16F2
~ October 23. 2007
Page 1 of 11
EXECUTIVE SUMMARY
Recommendation to adopt a resolution approving a Disaster Worksite Agreement
providing Federal funds under a National Emergency Grant to cover the pre.
screening costs, wages and required safety equipment for temporary workers due
to the effects of a disaster such as a hurricane.
OBJECTIVE: For the Board of County Commissioners to adopt a Resolution approving a
disaster Worksite Agreement providing Federal funds under a National Emergency Grant
to cover the pre. screening costs, wages and required safety equipment for temporary
workers due to the effects of a disaster such as a Hurricane.
CONSIDERATION: A National Emergency Grant has made funds available through the
Workforce Council of Southwest, Florida, to cover the costs for pre-screening, the wages
and the required safety equipment for qualified temporary workers for designated
communities that have been affected by a disaster. Collier County qualifies as such a
designated community and may have work to be done after a disaster that is qualified
under this Grant. Workers qualified under this grant can do this qualified work at no cost
to the taxpayers of Collier County.
FISCAL IMPACT: The results of these actions will provide County Services for clean.
up, rcstoration and Humanitarian services to Collier County residents at no cost to the
County.
GROWTH MANAGEMENT IMPACT: There IS no growth management impact
associated with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners adopt the proposed
Resolution approving a disaster Worksite Agreement providing Federal funds under a
National Emergency Grant to cover the pre-screening costs, wages and required safety
equipment for temporary workers due to the etlects of a disaster.
Submitted by: Teri Wides, Manager. Career Developmcnt and Training, Human
Resources Department
.~
I'age I UJ I
Agenda Item No. 16F2
October 23. 2007
Page 2 of 11
COLLIER COUNTY
BOARD OF COUNTY COMMtSSIONEHS
Item Number:
1GF2
Item Summary:
H.ecornmelldnlion to mtupl i:l resulution approving a Disaster Work site Agreement providing
Federal hmd~; Linder a National Emergency Granllo cover ltle pre-screening costs. wages
,Hld required salety equiplllellt tor temporary workers due to Ule effects of a disaster such as
(J 11urriCRne
Meeting Date:
10/23/2007 'tJ:O(]:OO AM
I)rel)ared By
Therese A Wides
Career Developrnent & Training
Manager
Date
Administmtive Services
Human RHSQUrCes
10/10/20071:01:58 PM
Approved By
Dan E, SUlTlmers
Bureau of Emer~jf)ncy 5ervices Director
Dale
County Manaqer's Ollke
Burea\! of Emnrqency Services
10/11/20074:43 PM
AI)IJrOved By
Jean Merrilt
Human Resources Director
Dale
Administrative Services
Human Resources
10/11/20074:58 PM
AIJI)rll\'ed By
OMS Coonlinator
Applications Analyst
Date
Administrative ServicE'S
Information TeChnology
10/151200711 :55 AM
Approved By
Michael Smykowski
Management & Budge-t Director
Date
County Man<l~ler'S Office
Office of Management & Budget
10/15/20073:30 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
10/16/20075:43 PM
Agenda Item No. 16F2
October 23, 2007
Page 3 of 11
RESOLUTION NO. 2007 -
A RESOLUTION APPROVING A DISASTER WORKSITE AGREEMENT
WITH THE WORKFORCE COUNCIL OF SOUTHWEST, FLORIDA,
INC. TO PROVIDE TEMPORARY LABOR AT NO COST TO COLLIER
COUNTY GOVERNMENT WHILE PROVIDING CLEANUP,
RESTORATION, AND HUMANITARIAN ASSISTANCE TO THE
COLLIER COUNTY COMMUNITY.
WHEREAS, Collier County can be damaged by disasters like Hunicanes; and
WHEREAS, a National Emergency Grant has funds available through the
Workforce Counci I of Southwest, Florida, to provide temporary workers for designated
communities; and
WHEREAS, Collier County is such a Community; and
WHEREAS, Collier County may have work to be done that is qualified under this
Grant; and
WHEREAS, Collier County is fiscally responsible to its citizens,
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
The Disaster Worksite Agreement With The Workforce Council Of Southwest,
Florida a copy of which is attached hereto as Exhibit 1, is hereby approved and
adopted.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County. Florida, this 1st day of October, 2007.
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:
.'1genda Item No. 16F2
October 23. 2007
Page 4 of 11
Hurricanes 2007
WORKSITE AGREEMENT
I certify that
Agreement #
Collier CDuntv Govemment
Worksite Name
is designated as a Disaster Relief Jobs Program wot1<site
Southwest Florida Workforce Development
Board
Worksite Employer
Name
C-ov.
Address
215 Airport:-Pulling Road N., Suite 3
330
City, State, Zip
Naples, Florida 34104
~Cf\
Phone Number
239-436-430 I-ex! 12170
FAX Number-
239-436-4340
~3
3q- 77<-/ - 8 q9
rf(; wid
Contact PersonlTitle
Jimmy Curtis, Business Relations Mgr.
Wot1<site Employe~s business is: ( ) Private for Profrt ( ) Private Non-Profrt (X ) Government
(if authorized)
Typed Name itle
Stephen Y. Camell, Purchasing
Di or
Wori<force Development Board Employee: Participant temporarily hired for disaster recovery & clean-
up efforts & humanitarian efforts Wot1<site Employer: Entity responsible for direction & supervision of
the employee at the site of the disaster reccvery Dr clean-up:
Wot1<site Employer Signature
Agenda Item No. 16F2
Jctober 23. 2007
Page 5 of 11
I. AUTHORITY
This agreement is executed pursuant to the following statutory, regulatory and policy
provisions.
The Workforce Investment Act. 29 USC 1501, as amended ("WIA") and the WIA Final
Regulation.
II. TERM
The period of performance of this Agreement shall be from the to
The Maximum period of performance under this contract cannot exceed 6 months or 1040
hours,
III. WORK DESCRIPTION
An individual (WorKforce Development Board Employee) served under this Agreement will be
referred to as an "employee." A job Description will be written for each employee served
under this agreement. A duly recognized representative, such as a manger or supervisor,
may sign for the Employer, Job Description shall by reference be made a part of this
Agreement.
IV. PERFORMANCE OF WORK
A. START OF WORK:
The Worksite Employer will not start the employee at work until the Workforce
Development Board has signed this Agreement, and the Job Description and
Worksite Agreement Addendum has been completed for the employee. The
start of work Must not precede the Date of this agreement or the last
signature date.
B. TERMINATION FOR CONVENIENCE:
The performance of work under this Agreement may be terminated in whole
or From time to time in part by Workforce Development Board or Collier
County Government when it determines that such termination is in the best
interest of the Workforce Development Board. Termination for work
hereunder shall be effected by delivery to the Worksite Employer of a Notice
of Termination specifying the extent to which performance of work under
The Agreement is terminated and the date upon which such termination
becomes effective.
The Worksite Employer shall notrfy the Workforce Development Board any
changes to the required hours and work necessary to be performed by the
Employee in order to effectuate any terminations due to lack of work,
C. TERMINATION FOR REASONS OF DEFAULT:
Workforce Development Board may, by written notice of default to the
Worksite Employer, terminate the whole or any part of this Agreement in
anyone of the following circumstances:
If the Workslte Employers fails to perform the services specified herein; or if
the Worksite Employer fails to perform any of the other provisions of this
Agenda Item No. 16F2
October 23, 2007
Page 6 of 11
this Agreement in accordance with its terms, and in either of these two
circumstances does: not cure such failure within a period of ten (10) days (or
such longer period as the Workforce Development Board may authorize in
writing) after receipt of notice specifying such failure.
V. WORKSITE EMPLOYER'S REQUIREMENTS (PARTICIPANT)
A. EQUAL OPPORTUNITY:
The Worksite will not discriminate against any employee because of race, color,
reiigion, sex, or national origin.
B. STATEMENT OF EMPLOYER PERSONNEL POLICY:
The Worksite will provide a copy of its policy to the employee covering any specific rules or
regulations by which the employee is expected to abide.
VI. MISCELLANEOUS PROVISIONS
A. PAYMENTS:
(1) The Worksite Employer will assist the Workforce Development Board by
providing the appropriate documentation (signed timesheets) to the Workforce
Development Board on a timely basis to ensure the Employee is paid on a timely basis.
(2) All hours must be rounded to the nearest quarter hour on a daily basis.
B. CHANGES:
(1) There shall be no modification Dr amendment of this Agreement, except
in writing, executed with the same formalities as this instrument
C. DISPUTES:
All disputes should be resolved Informally. If resolution does not occur to the
satisfaction of any party. the first step is to use existing grievance procedures. if any,
established by the Worksite Employer to resolve disputes with Employees.
D. ATTESTATION REGARDING EMPLOYMENT OF EMPLOYEE:
The Employer can presently employ none of the employees served under this
Agreement. nor can they be presently on a layoff status subject to recall by the
Employer or other like status with the Employer.
E. SUBJECT TO FUNDING/BUDGET:
It is expressly understood by and between the parties hereto that the Workforce
Development Board is serving solely as distributor of funds provided under the
Workforce Investment Act (WIA), and is not obligated to disburse monies from
general funds or otherwise to make payments described herein, and further. that this
distribution is contingent upon the receipt of WIA funds. The Workforce Development
Board reserves the right to institute an admmistrative modification to reduce in whole
or in part the monies provided under this Agreement should available monies become
insufficient to continue Agreement levels.
Agenda Item No. 16F2
October 23. 2007
Page 7 of 11
F HOLD HARMLESS:
Without waiving its sovereign immunity, and if and to the extent allowed by law, each
party shall hold harmless each other, its officers, officials. and employees from and
against all claims and liabilities of any nature or kind, including costs and expenses for or
on account of any claims, damages, losses or expenses of any character whatsoever
resulting in whole or in part from the negligent performance or omission of either party's
employees or representatives connected with the activities described herein
G. DEBARMENT AND SUSPENSION:
The Worksite Employer certifies, by signing this Agreement, that neither it nor its
principals are presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this Agreement by any Federal or
State department or agency.
H. RELATIONSHIP OF PARTIES:
The Worksite Employer does not become the agent of the Workforce Development Board
for any purpose pursuant to this Agreement, and will make no representation of such. In
agreeing to provide direction and supervision for the employee(s), the Worksite Employer
understands that this does not make any employee an employee or agent of Workforce
Development Board, nor is the Workforce Development Board liable to the Worksite
Employer or any third party by reason of any future act or failure to act by any employee
on or off the job.
VII. ASSURANCES AND CERTIFICATIONS
In entering into this Agreement, the Worksite Employer hereby acknowledges, and
agrees to comply With, the following statutory, regulatory and policy provisions.
A. RELOCATION;
Neither the execution nor performance of the Agreement will assist in, support or
otherwise contribute to the relocation of the Worksite Employer's business.
B. MAINTENANCE OF EFFORT:
The Worksite Employer assures that this agreement will only provide for employment
opportunities that are necessary for disaster recovery
C. DISPLACEMENT OF CURRENTLY EMPLOYED WORKERS;
The Worksite Employer assures that no currently employed worker shall be displace by
any employee, including partial displacement such as a reduction in hours of non-
overtime work. wages or employmenl benefits. No employee shall be employed or job
opening filled when (a) any other individual is on a lay-off from the same or any
substantially equivalent job, or (b) when the Worksite Employer has terminated the
employment of any regular employee, or has otherwise reduced its work force with the
intention of filling the vacancy so created by utilizing an employee.
D. HEALTH AND SAFETY STANDARDS:
Health and safety standards otherwise applicable to working conditions of disaster
employees shall be equally applicable to working conditions of the regular
employees. The Worksite Employer assures that appropriate standard for health and
Aqenda Item No. 16F2
. October 23, 2007
Page 8 of 11
safety will be maintained, including adherence to both federal and state Child Labor
Laws.
E. SECTARIAN ACTIVITIES:
The Worksite Employer assures that employees will not be employed in building,
operating. or maintaining any part of any building, which is used for religious instruction
or worship.
F. COLLECTIVE BARGA liNG AND UNION ACTIVITIES:
The Worksite Employer assures that this agreement will not impair existing contracts
for services or collective bargaining agreement between the Worksite Employer and
other parties, nor will this agreement assist, promote or deter union organization.
G. LOBBYING AND POLITICAL ACTIVITIES:
The Worksite Employer assures that this agreement will not assist with political or
lobbying activities or the cost of any salaries or expenses related to any activity
designed to influence legislation or appropriation pending before the Congress of the
United States.
VIII. REPRESENTATIONS AND UNDERSTANDING:
The Worksite Employer agrees to operate this worksite in accordance with the
provisions, conditions and specifications as follows:
1. To insure that employees assigned to this worksite will only perform tasks
that are a result of the disaster or are necessary because of destruction in
this declared area.
2. To insure that the Workforce Development Board will be notified as soon as
all tasks which are necessary as a direct result of the destruction have been
completed.
3. To insure compliance with governing state and federal laws and policy.
4. To provide adequate supervision of the temporary employees.
5. To provide sufficient work to fully occupy the temporary employee's working
hours.
6. To maintain the worksite timesheets and monitoring of hours and
attendance.
7. To adhere to applicable wage and hour
regulations.
8. To insure safe and sanitary working
conditions.
9. To insure that no temporary employee will be involved in any sectarian or
political activities.
10. To follow AMS Accident Procedures and to file injury reports when
applicable and immediately advise the Workforce Development Board.
IX. The Worksite Employer understands that no part of this Agreement, includina anv Addenda,
may be subcontracted to a third party without the express written consent of the Workforce
Development Board.
A. The worksite Employer will immediately advise the Workforce Development Board in
writing of any actions, suits, claims or grievances filed against the Contractor, the
Workforce Development Board, State of Florida, federal officials or participating
employees that in any way relates to this Agreement.
Agenda Item No. 16F2
October 23. 2007
Page 9 of 11
B. The Worksite Employer represents that it has the power and authority to execute this
Agreement and perform the services specified in any Addenda to this Agreement.
Agenda Item No. 16F2
October 23, 2007
Page 10 of 11
ADDENDUM TO NEG WORKSITE AGREEMENT
The Workforce Development Board will be responsible for the following procedures under this contract
1. Provide required workers compensation coverage
2. Pay wages for participants at the worksite agency's entry level rate for the position up to
$12,000 or 1040 hours, whichever comes first.
3. Reimbursement of all costs associated with the positions that are required by the worksite agency.
These costs may include but are not limited to drug testing, uniforms, safety equipment, etc.
4. Provide support to worksite supervisors that may be needed. This includes pick-up of time
sheets and delivery of paychecks; procedures in reporting injuries; counseling, as needed, of
participants.
Executive Director
'?::_--Q-
~
-----------....-------
Agenda Item No. 16F2
October 23. 2007
Page 11 Df 11
EXECUTION
This agreement is hereby executed pursuant to the terms and conditions stated herein:
ATTEST:
DWIGHT E. BROCK, Clerk
By:
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Chairman, Board of County Commissioners
RCE DEVELOPMENT BOARD
By:
e
Date: 10--01- dO{.J7
~r--
Approved as to form and legal sufficiency:
,-
-
Agenda Iterr, t~o, 16F3
October 23, 2007
Page 1 of 2
APPROVAL OF BUDGET AMENDMENTS
BCC Agenda of October 23, 2007
Contractual Senr1ces
GovMax Software
Reserves
Reserve for Contingencies
Total
County Wide Capital Projects (301)
Budget Amendment #08-016
$7,000
($7,000)
-0-
Exolanation: FWlds are needed to contract with Method Factory to help with the GovMax Software
Upgrade.
Prepared by: Barbetta Hutchinson, Executive Secretary, OMB
Page 1 of I
['age 1 UI I
Agenda Item No_ 16F3
October 23. 2007
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
InF3
Item Summary:
Meeting Date:
Approve lJudqet iJIT\endllH"llIS
IOin/ZOOI SjIJO(JU /\f\1
Apllrnved By
OMS Coordillatot
Applicillions Anillyst
Date
Afllllini5triltive Services
lllfnrmalion Tf'chlloloqy
10110/20071 :04 PM
Apllroved By
Michael Smykowski
MiUHlfjf'nlcnllt. Budget Director
Date
County Manaqer's Office
allir.0.- of Mani'lqement ,"" Elutlqet
10115/20073:42 PM
A))pro\ied B.y
James V. Mudd
County Mall'~Hel
Oat!:
Board of County
Comlllissiollers
Counly M,maqer's Office
10115/20077:08 PM
Agenda Item No. 16F4
October 23. 2007
Page 1 of 65
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissiouers Approve aud Ratify the
Collective Bargaining Agreemeut with the Professional Firefighters of the
Everglades International Association of Firefighters, Local 3670 . The Agreement is
available for public viewing at the Collier County Manager's Office or the Bureau
of Emergency Services Office, 3301 East Tamiami Trail, W. Harmon Turner Bldg.,
Naples, FL
OBJECTIVE: For the Board of County Commissioners to approve and ratifY the
Collective Bargaining Agreement with the Professional Firefighters of the Everglades
International Association of Firefighters, Local 3670.
CONSIDERATIONS: On October 8, 2007, the Professional Firefighters of the
Everglades International Association of Firefighters, Local 3670, through its bargaining
W1it members, agreed to the terms of a proposed Collective Bargaining Agreement with
the County, as negotiated by COW1ty staff, which was subsequently approved by all the
members of Local 3670. The effective date of the Collective Bargaining Agreement is
October 23, 2007, subject to the approval of the County. A copy of the Collective
Bargaining Agreement is attached to this Executive Summary as Exhibit 1.
FISCAL IMP ACT: The fiscal impact resulting from the approval and ratification of the
Collective Bargaining Agreement amounts to $129,100. That sum reflects the first
increase in the salary ranges and benefits of the Ochopce Firefighters in over three (3)
years. Further, the Collective Bargaining Agreement essentially follows the County's
policies and procedures for non-collective bargaining unit employees including
provisions for merit and COLA increases. Funding for this Collective Bargaining
Agreement comes from the Ochopee Fire Control District Fund (Fund No. 146).
GROWTH MANAGEMENT IMP ACT: There is no growth management impact
associated with this Executive Summary.
RECOMMENDATION: Approval and ratification of the October 2007 Collective
Bargaining Agreement with the Professional Firefighters of the Everglades International
Association of Firefighters, Local 3670, is endorsed by the Bureau of Emergency
Services. Accordingly, it is recommended that the Board approve and ratify the
Collective Bargaining Agreement negotiated with the Professional Firefighters of the
Everglades International Association of Firefighters, Local 3670, effective October 23,
2007, and authorize the Chairman to execute the Collective Bargaining Agreement.
PREPARED BY:
Dan Summers, Director, Bureau of Emergency Services
rage I or I
Agenda Item No. 15F4
October 23, 2007
Page 2 of 55
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16F4
Recommendation that the Board of County Commissioners Approve and Ratify the Collective
Bargaining Agreement with the Professional Firefighters of the Everglades International
Association of Firefighters, Local 3670 . The Agreement is available for public viewing at the
Collier County Managers Office or the Bureau of Emergency Services Office, 3301 East
Tamiami Trail. W Harmon Turner Bldg ,Naples, FL
Meeting Date:
10/2:3/200790000 AM
Prepared By
Dan E. Summers
Bureau of Emergency Services Director
Date
County Manager's Office
Bureau of Emergency Services
10111/20074:07:09 PM
Approved By
Dan E. Summers
Bureau of Emergency Services Director
Date
County Manager's Office
Bureau of Emergency Services
10f11/2007 4;46 PM
Approved By
Jean Merritt
Human Resources Director
Date
Administrative Services
Human Resources
10/11/20074;58 PM
Approved By
Scott R. Teach
Assistant County Attorney
Date
County Attorney
County Attorney Office
10/12/20071:48 PM
Approved By
OMB Coordinator
Applications Analyst
Date
Administrative Services
Information Technology
10/15/200711:58 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
10/15/20072:55 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
10/16/20079:18 AM
Agenda Item No. 16F4
October 23, 2007
Page 3 of 65
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AND
PROFESSIONAL FIREFIGHTERS OF THE EVERGLADES
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS,
LOCAL 3670
Effective October 23, 2007
Agenda Item No. 16F4
October 23. 2007
Page 4 of 65
TABLE OF CONTENTS
ARTICLE 1: PREAMBLE
Page #
4
ARTICLE 2: RECOGNITION
5
ARTICLE 3: MANAGEMENT RIGHTS
6
ARTICLE 4: STRIKE PROHlBITION AND WORK REQUIREMENTS
8
ARTICLE 5: NON DISCRIMINATION AND EMPLOYEE RIGHTS
9
ARTICLE 6: DUES DEDUCTION
10
ARTICLE 7: UNION ACTIVITY
13
ARTICLE 8: UNION BUSINESS
14
ARTICLE 9: BULLETIN BOARD SPACE
15
ARTICLE 10: EMPLOYEE STATUS
16
ARTICLE 11: WORK PERIOD AND OVERTIME COMPENSATION
17
ARTICLE 12: SENIORITY
18
ARTICLE 13: PROMOTIONS
19
ARTICLE 14: ASSIGNMENT DURING DISABILITY (Restricted Duty)
20
ARTICLE 15: DISCIPLINE AND DISCHARGE
21
ARTICLE 16: GRIEVANCE AND ARBITRATION PROCEDURE
22
ARTICLE 17: PERSONNEL REDUCTION
28
ARTICLE 18: OUTSIDE EMPLOYMENT
29
ARTICLE 19: SICKLEAVE
30
2
Professional Firefighters of the Everglades, International
Association of Firefighters, Local 3670,
.
Agenda Item No. 16F4
October 23. 2007
Page 5 of 65
TABLE OF CONTENTS (CONT'D)
ARTICLE 20: BEREAVEMENT LEAVE
Page #
35
ARTICLE 21: JURY DUTY AND COURT APPEARANCES
36
ARTICLE 22: MILIT ARY LEAVE
37
ARTICLE 23: PART-TIME EMPLOYEES
38
ARTICLE 24: HEALTH BENEFITS
39
ARTICLE 25: LIFE INSURANCE
40
ARTICLE 26: PENSION PLAN
41
ARTICLE 27: HEALTH AND SAFETY
42
ARTICLE 28: SALARIES
44
ARTICLE 29: HOURS OF WORK
45
ARTICLE 30: SHIFT EXCHANGE
46
ARTICLE 31: POSTING OF SCHEDULES
48
ARTICLE 32: WORKING OUT OF CLASSIFICATION
49
ARTICLE 33: UNIFORMS AND EQUIPMENT
50
ARTICLE 34: EDUCATIONAL DIFFERENTIAL
52
ARTICLE 35: PARKING
53
ARTICLE 36: V ACA TION LEAVE
54
ARTICLE 37: SAVINGS CLAUSE
57
ARTICLE 38: ALCOHOL AND DRUG TESTING
58
ARTICLE 39: DURATION
60
ARTICLE 40 (LAST ARTICLE): HOLIDAYS 61
3
Professional Firefighters of the Everglades, International
Association of Firefighters, Local 3670,
.
Agenda Item No. 16F4
October 23. 2007
Page 6 of 65
ARTICLE 1
PREAMBLE
Section 1.1
This Agreement is entered into by and between Ochopee Fire Control District, a
dependent taxing district, whose governing board is the Board of County Commissioners of
Collier County, Florida, (hereinafter referred to either as the "Employer" or the "County") and
the Professional Firefighters of the Everglades International Association of Firefighters, Local
3670, (hereinafter referred to as the "Union"). It is the purpose of this agreement to achieve and
maintain harmonious relations between the Employer and the Union; to provide for equitable and
peaceful adjustment of differences that may arise under this Agreement and to establish wages,
hours, and other conditions of employment.
~
4
Professional Firefighters of the Everglades, International
Association of Firefighters, Local 3670,
.
Agenda Item No. 16F4
October 23, 2007
Page 7 of 65
ARTICLE 2
RECOGNITION
Section 2.1
The County hereby recognizes the Union as the exclusive bargaining agent for all
employees of the Fire Department as certified by the Public Employees Relations Commission,
Certification #1138, OR-96-002.
The appropriate bargaining unit is comprised as follows:
INCLUDED: All employees of the Ochopee Fire Control District occupymg the
classifications of firefighter and lieutenant.
EXCLUDED: All other employees of the Ochopee Fire Control District.
5
Professional Firefighters of the Everglades. International
Association of Firefighters. Local 3670,
.
Agenda Item No. 16F4
October 23. 2007
Page 8 of 65
ARTICLE 3
MANAGEMENT RIGHTS
Section 3.1
Except as otherwise provided in this Agreement, the management of the Ochopee Fire
Control District and the direction of its work force, including but not limited to the exclusive
rights to determine whether all or any part of the operations covered by this Agreement shall
commence, cease, continue, reduce or increase; to remove the operation or any part thereof to any
location; to establish new jobs; to abolish or change existing jobs; to increase or decrease the
number of jobs or employees; to change materials, processes, products, service, equipment, work
schedules and methods of operation; to introduce new materials, equipment, services or facilities;
to assign work to be performed; to assign or reassign employees to shifts, create or abolish shifts
and rotate shifts; to require employees to work overtime; to establish and change hiring
procedures; to set the work schedules; to transfer employees from job to job or shift to shift,
either on a permanent or temporary basis; to evaluate and direct the work of the employees
covered by this Agreement; to maintain, enforce, rescind or change County policies, procedures,
rules of conduct, orders, practices, directives and other operational procedures, policies and
guides not inconsistent with this Agreement; to establish the standards of conduct and work of
employees; to establish or change operational standards; to determine the services to be provided
by the County; to discipline or discharge employees for just cause; to layoff employees from
duty for lack of work or for other operational reasons; to establish requirements for employment;
to promote and demote employees and to have complete authority to exercise those rights and
powers incidental necessary for the orderly and efficient operation of the District, shall be vested
exclusively in the County.
The Employer's failure to exercise any right hereby reserved to it or its exercising any
right in a particular way shall not be deemed a waiver of its right to exercise such right nor
preclude the Employer from exercising the same right in some other way not in conflict with the
express provisions of this Agreement.
Section 3.2
There shall be complete recogmtlOn of the right, responsibilities and prerogative of
County management under this Agreement. This Agreement shall be so construed that there
shall be no diminution or interference with such rights, responsibilities and prerogatives, except
as expressly modified or limited by this Agreement.
6
Professional Firefighters of the Everglades, International
Association of Firefighters, Local 3670,
.
----
Agenda Item No. 16F4
October 23, 2007
Page 9 of 65
Section 3.3
If, in the sole discretion of the County Manager, it is determined that a civil emergency
condition exists, including but not limited to riots, civil disorders, hurricane conditions or other
catastrophes, the provisions of this Agreement may be suspended by the County Manager during
the time of the declared emergency, provided that wage rates and monetai)' fringe benefits shall
not be suspended.
Section 3.4
It is understood by the parties that every incidental duty connected with the operations
enumerated in job descriptions is not always specifically described and employees, at the
discretion of management, may be required to perform other jobs related to public safety
functions not specifically contained in their job description.
Section 3.5
Delivery of County services in the most efficient, effective and courteous manner is of
paramount importance. Accordingly, the Union agrees that it will instruct its members to work
diligently in order that the services performed meet the above standards.
Section 3.6
Those inherent managerial functions, prerogatives and policy-making rights which the
Employer has not expressly modified or restricted by a specific provision of this Agreement are
not in any way subject to the grievance and/or arbitration procedure contained herein.
Section 3.7
This Article does not remove the right of the Union to request impact bargaining on any
management decision that is a mandatory subject of bargaining, as long as the Union's request is
in writing. Any such request must be made within ten (10) calendar days of notice of such
change to the Union, or, if no notice is given, within ten (10) calendar days of when the Union
should have upon the exercise of due diligence become aware of such change.
7
Professional Firefighters of the Everglades, International
Association of Firefighters, Local 3670,
.
----
Agenda Item No. 16F4
October 23, 2007
Page 10 of 65
ARTICLE 4
STRIKE PROHIBITION AND WORK REQUIREMENTS
Section 4.1
The Union and bargaining unit members do not assert and will not assert or advocate any
right to engage in any concerted work stoppage, slow down or strike, or to withhold services or
otherwise hinder the County's operations. Each employee who holds a position with the Union
occupies also a position of special trust and responsibility in maintaining and bringing about
compliance with this Article and the strike prohibition of Section 447.505, Florida Statutes and
the Constitution of the State of Florida, Article 1, Section 6.
Section 4.2
Any and all employees who engage in a strike or in any violation of the strike prohibition
under the Florida Constitution or Chapter 447, Florida Statutes, or this Article shall be
disciplined, up to and including discharge, by the County, and any such action by the County
shall not be grievable or arbitrable under the provisions of Article 16 - Grievance and Arbitration
Procedure, except to determine if the employee engaged in a violation of this Article. There shall
be no lockout by management during the term of this Agreement.
8
Professional Firefighters of the Everglades, International
Association of Firefighters, Local 3670,
.
Agenda Item No. 16F4
October 23. 2007
Page 11 of 65
ARTICLE 5
NON-DISCRIMINATION AND EMPLOYEE RIGHTS
Section 5.1
Neither the County nor the Union shall discriminate against any employee covered by this
Agreement because of Union membership Dr non-membership.
Section 5.2
Employee rights as provided by local, state and/or federal law are hereby preserved;
provided that allegations of discrimination based on race, sex, religion, national origin, disability,
age or color will be resolved in the appropriate court or administrative agency and not under
Article 16, the Grievance and Arbitration Procedure.
9
Professional Firefighters of the Everglades, International
Association of Firefighters, Local 3670,
..
. .
Agenda Item No. 16F4
October 23. 2007
Page 12 of 65
ARTICLE 6
DUES DEDUCTION
Section 6.1
The County shall deduct from the pay of all Union members who authorize such
deduction, the monthly dues payable to the Union. The County reserves the right to bill the
Union for the initial setup cost of dues deduction if the Clerk of the Court charges the County for
this service in an amount not to exceed Seventy Five ($75) Dollars.
Section 6.2
Payroll deduction shall be accomplished each period of each month. The County will
only be responsible for deducting dues associated with the 26 paycheck schedule. There is no
obligation for the County to deduct dues from specially prepared checks, such as early vacation
pay. Currently the dues amount to be deducted every pay period is twenty-five dollars ($25.00).
Section 6.3
Employees desiring the dues deduction shall authorize it by completing an appropriate
form prescribed by the County. The form is attached hereto as Exhibit 1.
Section 6.4
The Union agrees to indemnify the County, and hold it harmless, from and against any
liability, real or asserted, of any kind or nature whatsoever, to any person or party, on account of
the County's compliance or efforts to comply with this Article. The County has no obligation to
inform employees of the amount of Union dues or change of such dues.
Section 6.5
It shall be the Union's obligation to keep the County at all times informed, by
certification by the Secretary/Treasurer of the Union, of the amount of the uniform dues. Dues
will only be deducted for employees who comply with Section 1 of this Article and who
authorize deduction of dues by executing Exhibit 1.
10
Professional Firefighters of the Everglades, International
Association of Firefighters, Local 3670,
.
Agenda Item No. 15F4
October 23, 2007
Page 13 of 55
Section 6.6
The County's monthly transmission of dues money to the Union will be accompanied by
a list of names of employees affected, and the amount transmitted with regard to each.
Section 6.7
The County will not deduct or transmit to the Union at any time any monies representing
fines, fees, penalties, or special assessments.
Section 6.8
The obligation to commence making deductions on account of any particular
authorization shall become effective with respect to the calendar month following the month in
which the authorization is received, provided it is received on or before the 20th of the month by
the County.
Section 6.9
Any employee may withdraw from membership in the Union at any time upon 30 days
written notice to the County and the Union. Upon receipt of such notification, the County shall
terminate dues as soon as practical.
11
Professional Firefighters of the Everglades, International
Association of Firefighters, Local 3670,
.
Agenda Item No. 15F4
October 23,2007
Page 14 of 55
ARTICLE 6 - EXHIBIT 1
" ...._'::,"'::,":_;:\'J',.:.,:\:" ;;/::?';--"
,- . .,',' .;,.,...,_.........,..,....,',.:..,-,:.",,:.'....:'.
COLLIER COUNTV BOARD OF COUNTY COMMISSIOt'lEllS ,
AUTHORIZATION FOR PAYROLL DEDUCTION OF UNION.D, UES: .".
,.' .........'......-.,. .....,""
12
Professional Firefighters of the Everglades, International
Association of Firefighters, Local 3670,
.
-------
Agenda Item No. 15F4
October 23, 2007
Page 15 of 55
ARTICLE 7
UNION ACTIVITY
Section 7.1
There shaH be no discrimination, interference, restraint, or coercion by the Employer
against any employee for his activity on behalf of, or membership in, the Union. Nor shall there
be any discrimination, interference, restraint, or coercion by the Union or any Union member
against any employee because of that employee's refusal to join the Union or participate in Union
activity.
.
13
Professional Firefighters of the Everglades, International
Association of Firefighters. Local 3670,
-r-.-
Agenda Item No. 15F4
October 23.2007
Page 15 of 55
ARTICLE 8
UNION BUSINESS
Section 8.1
Meetings mutuaHy set by the Employer and Union shall be set so as not to interfere with
the Union spokesperson's work schedule. To this end, meetings will be scheduled during the
Union spokesperson's off-duty hours unless this is mutuaHy agreed to be impossible.
Section 8.2
Union members shall be aHowed to hold meetings at Fire Stations after 1900 hours
provided such meetings do not interfere with training or any scheduled activities of the
Department.
14
Professional Firefighters of the Everglades, International
Association of Firefighters, Local 3670,
.
Agenda Item No, 15F4
October 23, 2007
Page 17 of 65
ARTICLE 9
BULLETIN BOARD SPACE
Section 9.1
The Union may provide a buHetin board at its expense and the Employer restricts its use
to notice of Union meetings/activities and meeting minutes. No political notices shaH be
displayed. A copy of all notices to be posted will be provided prior to posting to the Fire Chief
or his designee.
.
15
Professional Firefighters of the Everglades, International
Association of Firefighters, Local 3670,
Agenda Item No. 16F4
October 23, 2007
Page 18 of 55
ARTICLE 10
EMPLOYEE STATUS
Section 10.1
The Employer shaH maintain and post armually a current seniority list. This list shall be
used whenever caHed for by specific articles and sections of this agreement and in such other
cases as may be agreed upon by the Employer and the Union. Once this list is received, the
Union has five (5) business days to raise any issues as to the correctness of the list. Otherwise,
the list will be accepted as correct for all purposes.
16
Professional Firefighters of the Everglades, International
Association of Firefighters, Local 3670,
.
ARTICLE 11
Agenda Item No, 15F4
October 23, 2007
Page 19 of 55
WORK PERIOD AND OVERTIME COMPENSATION
Section 11.1
Employees in the classifications Firefighter and Lieutenant Firefighter shall work one of
the foHowing regular schedules:
A. Twenty- four (24) hours on duty followed by forty-eight (48) hours off duty in a
repeating rotating schedule.
B. If any other shifts are started other than as set forth above, the County will advise
the Union and, upon request, negotiate over the new shifts prior to the implementation.
Section I\.2
Overtime will be paid in accordance with the Fair Labor Standards Act and armual
vacation will be counted as time worked for the purposes of determining whether or not overtime
is due. Paid time off of any other leave shaH not be counted as time worked. Productive time is
provided for armual vacation leave as is standard for aH County employees.
Section 1 \.3
Nothing in this article shall be interpreted as a guarantee of any number of hours of work
per day or per week.
Section I\.4
Nothing in this Article or in this Agreement shaH be interpreted as prohibiting or in any
way restricting non-bargaining unit members from performing bargaining unit work.
Section 1 \.5
The pay period shaH begin at Saturday 0800 hours and end 21 days later at Saturday 0800
hours. Time and one-half the employees' regular straight-time rate will be paid for hours
actually worked in excess of one hundred fifty nine (159) during the pay period.
Section I\.6
Compensatory leave time may be authorized at the Employer's discretion to maintain
shift status. Compensatory leave time shaH be accrued at the rate of time and one-half for each
hour worked. The Employer may not prohibit an Employee from using accrued compensatory
leave time unless the time off would create a disruption in operations. All other rules governing
the application of compensatory time shaH be as set forth in CMA #5341(14), which is attached.
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Agenda Item No. 15F4
October 23, 2007
Page 20 of 65
ARTICLE 12
SENIORITY
Section 12.1
Seniority is defined as continuous service with the Ochopee Fire Control District and is
that time actually spent on active payroll. The seniority date shall be an employee's last date of
hire in the Ochopee Fire District. Prior service with Collier County Government or with any
other public agency will not count except to the extent required by law. Employees with the
same employment date shall be assigned to the seniority list by the lowest four digits of their
social security number with the lowest number having greatest seniority. It is agreed that the
seniority provisions of this Agreement shall not apply to employees who have not completed
their probationary period; however, upon the satisfactory completion of hislher probationary
period the employee will be entered on the seniority list as of the original date of hire.
Section 12.2
The first six (6) months of employment with Ochopee Fire Control District shall be
considered probation. An employee will be off probation and considered a regular full-time
employee upon receipt of a "meets expectation or above" evaluation, which is performed after
six (6) months of employment. Probation may be extended in three-month increments to achieve
certifications required for employment. During the extension of probation, a person can be
evaluated and made a regular employee at any time. During the probationary period, including
any mutually agreed upon extension, the probationary employee is not entitled to utilize the
grievance and arbitration procedure under Article 16 of this contract.
Section 12.3 Break in Continuous Emplovrnent
When there has been a break in continuous employment for thirty (30) days or more,
except for any approved leave or a layoff, the affected employee, upon reinstatement or re-
employment, will be considered a new employee for all purposes under this contract.
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Professional Firefighters of the Everglades, International
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Agenda Item No. 15F4
October 23, 2007
Page 21 of 55
ARTICLE 13
PROMOTIONS
Section 13 .1
Promotions are offered in an effort to recognize and reward an employee for acceptance
of increased responsibilities. A promotion occurs as a result of a competitive process for a
vacant position. Department employees who meet the minimum requirements established in the
position classification and successfully complete the promotional testing process will be given
first consideration in filling the vacancy.
Upon promotion to a classification with a higher pay grade, the employee shaH receive up
to a 10 percent (10%) pay increase or the base salary of the new position, whichever is greater,
pursuant to County CMA #5341 (attached).
Section 13 .2
Any time an employee accepts a promotion to any position within the District, that
employee shall be on probation for the first six months in the new position. At any time during
the six-month probationary period, the employee may be demoted without recourse provided the
employee is returned to the employee's prior job classification without loss of seniority, as soon
as an opening permits. A demoted employee will be paid at the rate the employee would have
received had he/she not been promoted. The demoted employee will be provided a written
explanation as to why he or she was demoted.
.
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Professional Firefighters of the Everglades, International
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Agenda Item No. 15F4
October 23, 2007
Page 22 of 65
ARTICLE 14
ASSIGNMENT DURING DISABILITY (Restricted Duty)
Section 14.1
Any member of the bargaining unit that is unable to work shall receive compensation
consistent with Workers' Compensation Laws, Federal Laws, and Disability Insurance. A
bargaining unit member may be assigned to a restricted duty position, due to a temporary
disability and, if so, shall be assigned a duty schedule consistent with the physician order and be
compensated as if they worked their regular shift schedule regardless of the actual hours worked
as long as there are accumulated leave hours banked to cover any nonproductive time. If assigned
to temporary duty, accumulated leave will be utilized to maintain the bargaining unit member's
normal salary. Compensation and fringe benefits will be paid in accordance with the normal
gross weekly wage of their regular position. The Employer may coordinate such payment of
compensation with applicable Workers' Compensation Laws, Federal Laws, Disability
Insurance, and other sources that contribute to or govern the payment of compensation.
In no case shall such an employee receive compensation, which shall exceed their normal
compensation nor shall the Employer extend such restricted duty assignment, if provided, beyond
the date of maximum medical improvement. Temporarily disabled employees both due to
disabilities occurring on or off duty, shall return to temporary duties, if offered, or full time
normal duties, subject to such release by their treating physician. The Employer reserves the
right to seek an independent medical opinion as it deems necessary with the cost of such
independent medical examination to be borne by the Employer. Nothing in this section shall be
construed to prevent or limit the Employer in determining the type of temporary duty assignment
or the number of hours per day or week for such assignment consistent with medical limitations.
An employee under such temporary restricted duty assignment shall continue to be responsible
for the payment of their employee contribution, if any, under the County's group insurance
program.
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Professional Firefighters of the Everglades, International
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ARTICLE 15
Agenda Item No, 15F4
October 23, 2007
Page 23 of 55
DISCIPLINE AND DISCHARGE
Section 15.1
All matters of discipline involving any employee covered by this Agreement shall be
governed by the Collier County Human Resources Administrative Practices and Procedures
Manual, County Manager's Agency Instruction 5351 (CMA #5351)-Discipline (attached), as
amended from time to time, and shall not be subject to the Grievance and Arbitration Procedure
(Article 16) contained in this Agreement.
.
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Professional Firefighters of the Everglades, International
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ARTICLE 16
Agenda Item No. 15F4
October 23. 2007
Page 24 of 55
GRIEVANCE AND ARBITRATION PROCEDURE
Section 16.1
In a mutual effort to provide a harmonious working relationship between the parties to
this Agreement, it is agreed to and understood by both parties that there shall be a procedure for
the resolution of grievances between the parties arising from any alleged violation of a specific
term of this Agreement.
Section 16.2
Definition. For the purpose of this Agreement, a grievance is defmed as a dispute, claim
or complaint that any employee or group of employees may have as to the interpretation,
application, and/or alleged violation of some express provision of this Agreement which is
subject to the Grievance Procedure.
Section 16.3
Nothing in this Agreement shall be construed to prevent any employee from presenting, at
any time, hislher own grievance in person or by a representative to the Employer and having such
grievances adjusted without the intervention of the bargaining agent; provided the adjustment is
not inconsistent with the terms of this Agreement and a Union Steward is given the opportunity
to be present at any meeting, if held, and provided further that any scheduled meeting, if any, will
not be delayed for more than twenty-four hours to allow for the presence of a steward. The
Union will be notified by the Employer of the disposition of the grievance within ten (10)
working days of the decision. If the grievant requests Union representation, the grievant will
notify the Employer. It is the responsibility of the grievant to notify the Union of any meeting
called for the resolution of grievances, whether or not the employee desires to be represented by
the Union.
Section 16.4
A. Every reasonable effort will be made by the parties to settle all grievances as soon
as possible. The time limits set forth shall be strictly complied with, and can only be extended by
mutual agreement of the parties in writing. Any grievance shall be considered settled at the last
level considered if the grievant fails to timely process hislher grievance.
B. The Union will not be required to process grievances for employees who are not
members of the Union.
C. The commencing of legal proceedings against the County in a court of law or
equity, or before the Public Employee Relations Commission, or any other administrative agency
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Professional Firefighters of the Everglades, International
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Agenda Item No, 15F4
Ii . I" .. . f th f' A October ,23, 2007
or mlsapp lcalIon or mlsmterpretatlOn 0 e terms 0 thIs greement, shall be de~3!fuf 55
election of remedy and shall be deemed a waiver by said employee or the Union of its/their right
to resort to the grievance and arbitration procedure contained in this Article.
Section 16.5
All grievances, as outlined above, must be in writing and must contain the following
information:
(I) Article and Section of the Agreement alleged to have been violated;
(2) A statement of the grievance, giving facts, dates and times of events, and
specific violations with the remedy or adjustment desired;
(3) Signature of aggrieved employee and date signed; and
(4) Signature of the Union representative (must be a designated official or
steward) if the grievant requests Union representation and is a Union member.
Any grievance not containing the information set forth above or not timely submitted may
be processed through the grievance procedure, but shall not be subject to arbitration absent the
mutual consent of the parties. The grievance must be submitted and completed in full as set forth
in Exhibit 2 of this Agreement.
Section 16.6
Grievances shall be processed in accordance with the following procedures:
STEP I: The grievant shall present in writing hislher grievance to the Fire Chief or
designee within fourteen (14) calendar days of the occurrence of the action giving rise to the
grievance. Discussions will be informal for the purpose of settling differences in the simplest
and most effective manner. The Fire Chief or designee shall reach a decision and communicate
in writing to the grievant within fourteen (14) calendar days from the date the grievance was
presented to himlher. Failure of the Fire Chief or designee to timely respond shall be considered
a denial of the grievance and shall entitle the grievant to appeal to Step 2.
STEP 2: If the grievant does not settle hislher grievance in Step 1, the grievant,
within fourteen (14) calendar days after the response is received at Step I of the Grievance
Procedure, may present it to the Bureau of Emergency Services Department Director, or hislher
designee. The Director or hislher designee shall investigate the alleged grievance as appropriate
and may, within fourteen (14) calendar days of receipt of the written grievance, conduct an
informal hearing or meeting between himlherself, the b'lievant, and others as necessary. The
Director or hislher designee shall notify the aggrieved employee in writing of the decision not
later than fourteen (14) calendar days following the conclusion of the investigation and/or
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Agenda Item No. 15F4
October 23,2007
hearing of the grievance in Step 2. Failure of the Director to timely respond shall be con!l'i$rtlltlllf 55
denial of the grievance and shall entitle the grievant to appeal to Step 3.
STEP 3: If a grievance, as defined in Section 16.5 of this Article, has not been
satisfactorily resolved within the grievance procedures, the grievant may, within fourteen (14)
calendar days after the response is received at Step 2 of the Grievance Procedure, request a panel
of seven arbitrators from the Federal Mediation and Conciliation Service. A copy of the written
request will be provided to the Director.
Section 16.7
Upon receipt of the list, an arbitrator shall be selected from such panel by alternately
striking names from this list (the grievant shall strike first) until the last name is reached.
Section 16.8
The following general rules are applicable to this Article:
A. The Union or employee may abandon or settle a grievance. Grievances settled
under this Article shall be non-precedent setting and cannot be offered as evidence or precedent
in any subsequent arbitration case unless the Union and the County mutually agree in writing that
the grievance is precedent setting.
B. No grievance can be amended or supplemented after the initial management
response at Step 1 without the written consent of the Director.
C. The arbitrator shall not have the power to add to, subtract from, modify, or alter
the terms of this Agreement.
D. The arbitrator shall have no power to establish wage scales, rates of pay for new
jobs, or to change any wage, except ifhe is specifically empowered to do so by both parties.
E. The arbitrator shall have only the power to rule on grievances arising under this
Agreement, as defined under Section 16.2 and which comply with the requirements of Section
16.4 (A) and (C), Section 16.5 and the time limits established by this Article.
F. The arbitrator shall determine each dispute in accordance with the terms of this
Agreement and in accord with a Submission Agreement, if one can be agreed to. If there is no
Submission Agreement, then the arbitrator will rely on the grievance under Section 16.5.
G. The arbitrator shall not receive into evidence nor rely upon any past practices that
occurred prior to the date of execution of this Agreement.
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H. The arbitrator, from any back pay award, shall deduct
compensation received by the grievant in a suspension or discharge case.
Agenda Item No, 15F4
October 23. 2007
any unem~f 65
1. The arbitrator's sole authority with regard to monetary awards is the award of
back pay. No interest, costs or other damages of any type whatsoever may be awarded. Back pay
may be awarded for the time prior to the date of filing of the grievance, up to but no more than
one (I) pay period prior to the filing of the grievance.
J. Only grievances based on events or occurrences, which occur after the date of the
execution of the Agreement can be processed under this Article.
Section 16.9
There shall be no appeal from the arbitrator's decision; it shall be final and binding on the
Union and on all bargaining unit employees and, after final approval by the Board of County
Commissioners, on the County; provided, however, that the arbitrator's decision is not outside or
beyond the scope of the arbitrator's jurisdiction and authority as set forth in this Agreement.
Section 16.10
The costs for the arbitrator fees and expenses shall be borne equally by the parties.
Expenses for witnesses, attorneys and requested transcripts shall be borne solely by the party
requesting and/or utilizing them. Transcripts, if recorded by a court reporter, may only be
obtained directly from a court reporter.
.
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Agenda Item No, 15F4
October 23. 2007
Page 28 of 55
EXHIBIT 2
IAFF LOCAL 3670
GRffiVANCEPROCEDURE
I,
(Last Name) (First Name)
(Middle Name)
(ClassfRank)
submits the following grievance which took place on
(Date/Time of Day)
at
against
(Location)
(Name)
Artic\e(s) and Section(s) of the Labor Agreement alleged to have been
violated
Statement of Grievance:
Date, Details, and Facts upon which grievance is based:
Remedy or Solution requested:
(Signature of Employee)
(Date)
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Professional Firefighters of the Everglades, International
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Step 1)
Step 2)
Step 3)
.
Agenda Item No. 15F4
October 23. 2007
Page 29 of 65
Discussion of Grievance with Fire Chief:
Resolved 0
Unresolved 0
Date:
Submitted to Step 2 - Date:
Discussion of Grievance with Emergencv Services Director
Resolved 0
Unresolved 0
Date:
Submitted to Step 3 - Date:
Arbitration Panel from the Federal Mediation and Conciliation Service:
Date:
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ARTICLE 17
Agenda Item No, 16F4
October 23. 2007
Page 30 of 65
PERSONNEL REDUCTION
Section 17.1
In the event of a reduction in force, the County will consider a number of relevant factors
in determining selections for layoff, with the public interest to be of prime importance. Factors
to be considered include, but are not limited to:
A. The average rating on the performance evaluations for the last 3 years;
B. Conduct/disciplinary record for the last 3 years;
C. Attendance record for the last 3 years; and
D. Seniority within classification.
As between two employees in the bargaining unit, if the County in its sole discretion
determines factors A, B and C are relatively equal at the time of layoff, then seniority shall
prevail.
Section 17.2
Recall will be in reverse order of layoffs. No new bargaining unit employees will be
hired by the County until all members of the bargaining unit who were laid off in the prior 6
months are offered recall. Within three (3) work days of a certified receipt date, laid off
employees must signify in writing, their intention of returning to work, to the Emergency
Services Director. Failure to respond to the notice within the prescribed time limits previously
stated shall constitute a resignation by the employee.
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Agenda Item No, 15F4
October 23. 2007
Page 31 of 65
ARTICLE 18
OUTSIDE EMPLOYMENT
Section 18.1
Employees shall at all times bear in mind that they are seen by the general public, while
off duty as well as on duty, as personnel of the County and shall at all times conduct themselves
in a professional marmer.
Section 18.2
Employees accepting employment with any other employer while employed by the
County shall do so only so long as the employment is not a conflict of interest. In such instances,
the employee's primary obligation shall continue to be to the County and he/she shaH arrange
his/her affairs accordingly. Before accepting outside employment of any kind, the employee
must give a written notification to the Fire Chief, and follow the County CMA #5380 (attached)
procedures for requesting outside employment. Outside employment must not prevent the
employee from being mentally and physically able to work when the employee reports for duty
with the County.
.
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Agenda Item No, 16F4
October 23, 2007
Page 32 of 55
ARTICLE 19
SICK LEAVE
Section 19.1
A. Eligibility
All regular and probationary employees shall be entitled to accrue and use accumulated
sick leave with pay from the date of hire. Under no circumstances shaH temporary or other non-
regular employees be eligible under this provision.
B. Accrual of Sick Leave
1. Regular employees hired after September 30, 1993, shall accrue hours of
sick leave on the following schedule:
I 56-hour
I 5.17 hours worked per biweekly pay period I
2. Regular employees hired on or before September 30, 1993, shall accrue
hours of sick leave on the following schedule:
I 56-hour
I 6.47 hours worked per biweekly pay period I
3. Employees may accrue an unlimited number of sick leave hours
throughout their County career.
4. Employees hired from Constitutional Officer agencies without a break in
continuous service, or a break in service of less than 30 days, may transfer their accumulated sick
time. The date of hire with the Constitutional Officer Agency shall determine the accrual rate.
5. Temporary or seasonal employees do not receive sick leave accrual nor
does their temporary employment count toward years of service.
6. Sick leave shall be accrued on regular hours worked, earned armualleave
taken, earned sick hours taken, holiday hours, jury duty and military leave.
7. Leave without pay and overtime hours are excluded from sick leave
accrual.
C. Use of Sick Leave
1. The minimum charge for sick leave shall be in thirty (30) minute units.
2. Sick leave may be granted for the following purposes:
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Professional Firefighters of the Everglades, International
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a.
Personal illness or injury.
Agenda Item No. 15F4
October 23, 2007
Page 33 of 55
b. Appointments with medical, dental, or other recognized
practitioners for consultation or treatment of the employee.
c. Serious illness and/or disability in the employee's immediate
family, for up to five (5) days for anyone incident. (Note: Immediate family is defined as:
spouse, mother, father, brother, sister, or children.)
d. Disabilities arising out of pregnancy, childbirth, and recovery there
from shall be treated as other temporary, non-job connected disabilities in terms of eligibility for
sick leave, vacation, or leave of absence.
D. Notification and Proof of Illness
1. The employee or his/her representative shall be responsible for notifying
the Lieutenant before work or within the first hour of the employee's normal workday on each
day of absence. Failure to provide timely notice may be cause for denial of sick leave pay for the
period of time.
2. The Fire Chief or designee is responsible for determining that sick leave is
properly authorized and used in accordance with these rules.
required.
3. If more than one scheduled shift is missed, a doctor's excuse may be
4. When an employee has had an illness which requires hospitalization or
results in absence from work for more than five (5) consecutive days, the employee shall provide
a doctor's certificate stating that the employee may return to work to be eligible for sick leave
pay.
5. In cases of accident or injury, a medical leave may be granted without
prior notice. If the leave is due to an accident that happens at work, the Department Director
must notify the Human Resources Department and the Risk Management Department
immediately.
6. An employee is generally required to first use all accrued sick leave, then,
if approved by the Fire Chief or designee vacation leave, when out on leave for medical reasons.
E. Sick Leave Pay Upon Termination
1. Employees of record on August 2, 1996 shall have their sick leave
balances calculated and valued as of the end of the workday of August 2, 1996.
2. The valuation shall be calculated as follows:
.
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Professional Firefighters of the Everglades, International
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Agenda Item No, 15F4
October 23, 2007
Total hours sick leave accrued x % allowed upon separation (see chart below*)P-a~cfurs>f 65
to be paid (subject to 1,040 maximum)
Hours to be paid x hourly rate ~ MAXIMUM SICK LEAVE PAYMENT
3. A record of this calculation shall be noted in each employee's personnel
file and a copy of the record shall be given to each employee.
4. Upon separation in "good standing," each employee's total accrued sick
leave will be calculated and valued in the same marmer again. The employee shall be paid the
lesser of the two values upon separation.
5. No employee hired after August 2, 1994 shall receive payment for accrued
sick leave upon separation.
*Sick Leave Pay Upon Termination - employees hired prior to August 2, 1996.
Years of Service
Percentage Paid at Seoaration
At least 2 years but less than 5 years
At least 5 years but less than 10 years
At least 10 years but less than 15 years
At least 15 years but less than 20 years
After 20 years
20%
25%
35%
40%
50%
6. The maximwn amount of sick leave hours that may be paid to an
employee at termination is 1,040 hours.
7. Regular full and regular part time employees who are laid off from County
service shaH have the option of receiving payment for sick leave in accordance with this section
at the time of layoff or retaining all sick leave hours for a period of six (6) months.
8. In the event an employee is separated because of death, sick leave shall be
paid in the final paycheck in the manner calculated above.
F. Attendance Incentive Plan
1. The Attendance Incentive Plan is designed to reward regular full and
regular part time employees with good attendance records, on an armual basis, by permitting
them to convert a portion of their accrued, unused sick leave to vacation and/or pay.
2. For administrative purposes, the attendance record of each employee is
reviewed by the Hwnan Resources Department on an armual basis from January 1 to the end of
the last pay period of the calendar year. The attendance incentive will be tabulated by using the
leave report provided by the Payroll Department. To be eligible for the incentive, an employee
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must have completed one (1) full year of employment on December 31.
Agenda Item No, 15F4
October 23. 2007
Page 35 of 55
schedule:
3. The conversion of sick leave shall be in accordance with the following
Sick Leave Used During Year
Incentive
None used - Perfect Attendance
Convert 3 days sick leave to vacation or
convert 3 days sick leave to one day
vacation and two day's pay.
1 day or less used (normal workday)
Convert 2 days to vacation.
2 days or less used (normal workday)
Convert I day to armual vacation.
More than 2 days used (normal workday)
No hours may be converted.
4. Employees who do not wish to convert unused sick leave may continue the
accrued ours in their sick leave account provided the Human Resources Department is advised of
this choice in writing.
5. Employee participation in the leave bank program will not impact their
eligibility for the Attendance Incentive Program.
G. Leave Bank (as of the 111/2005 changes for all County employees)
The Leave Bank was established in 1990 in order to provide a method to continue to
compensate employees who had used all of their accrued time due to a serious illness or injury.
In recent years it has become increasingly difficult to operate the Leave Bank in its present state,
as our employee population has grown considerably. Therefore, a number of changes in how the
Bank will be operated are being implemented, effective January 1,2005. The significant changes
are listed below. In November, employees will once again be given the opportunity to join the
Leave Bank. Also, in the near future a replenishment of the Bank is plarmed. Please read the
changes below carefully:
1. A member no longer must deplete hislher vacation accrual in order to receive
hours from the Leave Bank.
2. An employee must be a member for at least six months in order to apply for
supplemental hours.
3. An employee must apply and be approved for Short Term Disability benefits in
order to receive hours from the Leave Bank.
4. If approved, the employee will receive Short Term Disability benefits and the
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Agenda Item No, 15F4
October 23. 2007
Leave Bank will supplement those benefits in an amount equal to 26 hours per pay perioliage 35 of 55
5. If desired, an employee may supplement these benefits with vacation time.
6. Upon requesting hours from the Leave Bank, an employee may be required to
provide an explanation of sick leave usage if he/she is a long term employee with little or no sick
leave accrual or if he/she has consistently used sick leave as it was accrued and has never shown
an intent to accumulate hours for future unforeseen circumstances that may require an extended
leave.
7. Leave Bank hours will be granted for scheduled medical treatments that
temporarily incapacitate an employee's ability to work a normal schedule.
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Agenda Item No, 15F4
October 23. 2007
Page 37 of 55
ARTICLE 20
BEREAVEMENT LEAVE
Section 20.1
A. In the event of a death to a member of an employee's immediate family,
bereavement leave with pay shall be granted. This is a separate leave account and is not charged
against any other leave account. Bereavement leave may be taken as one (l) 24-hour shift or up
to two (2) 24 hour shifts for an out-of-state death or three (3) eight-hour days depending upon the
circumstances.
B. For purposes of this policy, family is defined as: husband, wife, mother, father,
mother-in-law, father-in-law, brother, sister, brother-in-law, sister-in-law, children, foster
children, step-parents, step-children, grandchildren, grandparents, aunt, uncle, or a close relative
living with the employee.
C. Additional days, if requested, may be granted to an employee and charged against
the employee's accrued vacation leave. Sick leave may not be used for bereavement.
D. Each employee requesting and receiving paid bereavement leave may be required
to furnish evidence of the name and relationship of the family member involved. Such evidence
might include a physician's statement, death, certificate, newspaper report, etc.
.
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Agenda Item No. 15F4
October 23. 2007
Page 38 of 55
ARTICLE 21
JURY DUTY AND COURT APPEARANCES
Section 21.1
It is the practice of the County to provide paid time off for jury duty and court
appearances to facilitate our employee's availability to meet civic responsibilities.
A. An employee who is called for jury duty on a regularly scheduled workday shall
be granted jury duty pay, upon presentation of a summons or subpoena. Any fees received for
jury duty shall be returned to the County except for meals, travel, and lodging.
B. An employee who is subpoenaed as a witness on a regularly scheduled work day
not involving the employee's personal litigation shall be granted time off with pay, and any
witness fees awarded shall be returned to the County.
C. An employee who appears in Court as a witness, plaintiff, or defendant due to
personal litigation or criminal charges shall be required to use vacation for any such absence
from work. If vacation is not available, the employee may use leave without pay. The employee
would not be eligible for reimbursement of any meals, lodging, or related travel expenses.
D. An employee who is subpoenaed as a witness and/or appears in court as a result of
County business shall be granted time off with pay, and any witness fees awarded, except for
meals, travel, and lodging, shall be returned to the County.
E. Employees required to attend Court on their day off as a result of County business
shall be paid for their time, and any witness fees awarded, except for meals, travel, and lodging,
shall be returned to the County.
F. Employees who attend Court for only a portion of a regularly scheduled work day
are required to report to their supervisor and return to work after being excused or released by the
Court in order to be eligible for jury duty pay.
G. In the event a County holiday occurs during the period of the jury duty, the
employee shall receive pay for the holiday and not jury duty pay.
J. Jury duty shall not be counted as time worked in calculating overtime pay.
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-, _. -,
October 23, 2007
Page 39 of 55
ARTICLE 22
MIUT ARY LEAVE
Section 22.1
A. Reserve and National Guard Training
A regular full-time employee who is a member of the United States Armed Forces,
Reserves or the National Guard, and who is ordered to engage in annual field training shall, upon
presentation of a copy of official orders, be granted leave with pay to the extent required by state
statute. An employee may not use any accrued vacation or personal leave while receiving paid
military leave. Exceptions to the above may be approved by the Division Administrator.
B. Recall to Active Military Duty
Any regular full-time employee who is a member of an Armed Forces Reserve Unit or the
National Guard, who is ordered to active duty will be granted a military leave of absence with
pay for the first thirty (30) working days. Beyond this thirty (30) day period, the County will
supplement the military pay in an amount necessary to bring the total salary, inclusive of the base
military pay, to the level earned at the time the employee was called to active duty, for a period of
ninety (90) days. The County will continue to maintain the employee in full benefits status for
the time frame specified above.
C. Induction or Enlistment into Military Service
Any regular full-time employee who enlists or is inducted into the armed services for
active duty, shall be granted a military leave of absence without pay for the initial period of
enlistment. All pay due the employee shall be paid at the time of the employee's separation from
the County in accordance with applicable County policies.
D. Reinstatement
Upon discharge from active military service, an employee who wishes to return to County
employment shall be reinstated in accordance with federal regulations applicable at the time of
discharge.
.
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Page 40 of 55
ARTICLE 23
PART-TIME EMPLOYEES
Section 23.1
The County reserves the right to hire and/or utilize part-time and/or temporary employees,
or volunteers to perform bargaining unit work. These individuals will be used primarily to cover
overtime requirements, cover for vacation and sick leave, or to otherwise supplement the regular
employee compliment. A regular full-time position will not be replaced by a part-time employee,
subject to available budgetary funds.
Section 23.2
Temporary and part-time employees shall serve at the will of the County. Temporary and
part-time employees shall not be covered by any Article of the contract unless the Article or
Section specifically includes temporary or part-time employees.
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Agenda Item No, 15F4
October 23,2007
Page 41 of 65
ARTICLE 24
HEAL TH BENEFITS
Section 24.1
Employees shall be eligible to participate in the Collier County Group Benefit Plan
subject to the terms and conditions of the Plan as adopted by the Board of Commissioners
effective January 1, 1997 and as may be amended by the Board of Commissioners from time to
time. Employees shall also be subject to the same premium levels and payroll contribution
requirements as may be adopted by the Board of Commissioners for non-union employees.
The County agrees that, if there is any change in any benefits, premium levels, or payroll
contribution requirements, those changes will be applicable to bargaining unit employees to the
extent they are applicable to other non-exempt employees of the County.
.
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ARTICLE 25
Agenda Item No, 15F4
October 23, 2007
Page 42 of 55
LIFE INSURANCE
Section 25.1
The Employer shall provide group term life insurance protection for each Union member
in an amount equal to two (2) times the armual salary of the Union member. The Employer shall
pay 100% of the premium for this coverage. Terms and conditions of such coverage shall be
governed by the insurance company issuing underwriting and coverage. There will be
compliance with Florida Statute relative to death benefits.
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ARTICLE 26
Agenda Item No, 15F4
October 23. 2007
Page 43 of 65
PENSION PLAN
Section 26.1
During the term of this Agreement, eligible employees shall continue to participate in the
Florida Retirement System.
Section 26.2
The County will contribute as required by the provisions of the plan.
Section 26.3
The County agrees to continue to provide employees an option to participate in the
National Association of Counties (NACO) or the International City and County Management
Association (ICMA) Deferred Compensation plans as currently offered. If either of both are
stopped or modified for all other County employees, the same change will affect the bargaining
unit. If an additional plan is offered to all other County employees, it will also be offered to the
bargaining unit.
.
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Agenda Item No. 15F4
October 23, 2007
Page 44 of 65
ARTICLE 27
HEALTH AND SAFETY
Section 27.1
The Employer agrees to provide reasonable standards of safety and health in the Fire
Department in order to eliminate as much as possible: accidents, deaths, injuries, and illnesses in
the fire service. Health and safety is a joint responsibility, therefore, employees must follow all
safety standards.
Section 27.2
There shall be a joint safety and health committee composed of an equal number of
Employer and Union representatives. The Union representatives shall be selected by the Union.
The roles and responsibilities of this committee shall be reviewed and approved by the County's
Risk Management Director. The Committee shall not have authority to engage in collective
bargaining.
Section 27.3
The Employer shall furnish and thereafter maintain at no cost to the employee all
respiratory apparatus, gloves, helmets, protective clothing and other protective equipment, such
as personal alarm devices, and personal flotation devices, necessary to preserve and protect the
safety and health of firefighters.
Secti on 27.4
All protective clothing and equipment shall meet the standard, whether existing or
promulgated during the term of this agreement, that provides minimum standards, if standards
exist, (otherwise the County can provide the equipment of its choice) of worker protection from
among federal, state, provincial or voluntary consensus standards. The Employer shall provide
all employees with training in the safety and health problems of the work environment and the
use and proper maintenance of protective equipment, protective clothing, respiratory apparatus
and all other protective devices. The Employer agrees to provide a continuing program of safety
and health for all employees to develop an ongoing safety awareness aptitude. In the event of the
introduction of new technology or other changes in work processes, the employees affected shall
be fully trained in all the health and safety aspects of the new procedure, work process or
equipment.
Section 27.5
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Agenda Item No. 15F4
October 23, 2007
Only personnel who have been trained and certified by the manufacturer or a]3'pijGab:\IDf 65
Federal Agency shall be permitted to perform maintenance and/or repairs on self-contained
breathing apparatus.
Section 27.6
The Employer will provide an Employee Assistance Program consistent with the program
provided for all other County Emergency Services Personnel.
.
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Agenda Item No, 15F4
October 23, 2007
Page 45 of 55
ARTICLE 28
SALARIES
Section 28.1
The Salary schedule set out below shall be a part of, and is subject to all the provisions of
this Agreement.
Classification
Minimum
Marketooint
Maximum
Match Point
Firefighter
Fire Lieutenant
$15.12
$19.8557
$17.7894
$23.3597
$22.2368
$29.1996
$19.5683
$25.6957
Section 28.2
Performance based merit pay and COLA will be offered to qualifying members of the
bargaining unit consistent with the armual merit increases and any COLA as may be established
by the County Manager for all County employees.
Section 28.3
Qualifying members of the bargaining unit may receive pay plan market adjustments
based upon the armual wage and salary market survey conducted by the Human Resources
Director and approved for implementation by the County Manager. Upon the mutual agreement
of the Parties, if the Isle of Capri Fire & Rescue District is to receive a pay adjustment based
upon an armual wage and salary market survey, Article 28 may be reopened for the limited
purpose of addressing this issue.
Section 28.4
Earned merit and COLA raises will be effective as of after the contract has been ratified
by both parties
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Agenda Item No, 15F4
October 23, 2007
Page 47 of 55
ARTICLE 29
HOURS OF WORK
Section 29.1
Hours of work shall be as follows:
Productive Time - Biweekly:
106 hours straight time
6 hours overtime
Non-Productive* Time - Biweekly:
106 hours straight time
6 hours overtime regular
* Any leave other than vacation is non-productive time as per CMA #5341 (attached)
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Agenda Item No. 16F4
October 23. 2007
Page 48 of 55
ARTICLE 30
SHIFf EXCHANGE
Section 30.1
The trading of time between employees will be permitted III accordance with the
following provisions:
a) Employee's can exchange with each other within their rank and classification and
are limited to five (5) shift exchanges within a thirty-day period with all exchanges repaid within
180 days. Shift exchanges for education/training may exceed this limitation if approved in
advance by the Fire Chief or designee.
b) All exchanges must be requested in writing on the Department shift exchange
request form and approved or denied at the sole discretion of the-Fire Chief or designee.
c) Employees are prohibited from paying another employee to work any portion of
their shift. Only exchanges of time will be permitted.
d) Shift exchange paybacks must be scheduled at the same time as an initial shift
exchange or otherwise follow~ the procedures of this Article.
e) No employee may be scheduled to be on duty as a result of a shift exchange for
more than forty-eight (48) consecutive hours when assigned to the 24/48 schedule.
f) Employees will be responsible for all record keeping of proper exchanges as
permitted by the Fair Labor Standards Act.
g) Shift exchanges for employees reporting late for work will not be permitted.
h) An employee that enters into a shift exchange that causes the employee to leave
work early in order to meet the trade or duty obligation at another station shall ensure that the
units are staffed without any overtime pay obligation to the County.
i) Exchange request shall be submitted to the Department five calendar days in
advance of the requested initial exchange.
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Agenda Item No, 15F4
October 23, 2007
Page 49 of 55
Except for the residual exchange provided in Section 30.1 (h), a shift exchange must be
fully approved and signed by all the following in order, and placed on the roster prior to the
substitution taking place. Exchange requests shall be submitted on the Department form 5
calendar days in advance of the requested exchange.
STEPS FOR SIGNATURES AND APPROVAL:
1.
The employee wishing the shift exchange.
2.
The employee agreeing to the exchange.
3.
exchange.
The shift supervisor (currently the Lieutenant) for employee initiating shift
4. The shift supervisor (currently the Lieutenant) for employee agreeing to pay back
shift exchange.
5. Last supervisor places shift exchange on roster.
Section 30.2
An employee scheduled to work a shift exchange is not eligible for any type of paid leave.
Section 30.3
In the event an employee scheduled to work for another does not report, the employee
normally scheduled to work will be charged vacation leave or, if vacation leave is exhausted, will
have his/her sick leave charged.
Section 30.4
The Employer will not be responsible for any monetary loss incurred by any employee
due to the failure of an employee to pay back shift exchange time for any reason. Employees
owed shift exchanges must get exchanges paid back prior to the promotion of either employee
involved in the shift exchange or forfeit the return exchange.
.
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Agenda Item No. 16F4
October 23, 2007
Page 50 of 65
ARTICLE 31
POSTING OF SCHEDULES
Section 31.1
Employees will be scheduled by management on an as-needed basis and will be advised
of their schedule via a posted monthly schedule, which may be subject to change.
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Agenda Item No, 15F4
October 23. 2007
Page 51 of 55
ARTICLE 32
WORKING OUT OF CLASSIFICATION
Section 32.1
An employee who is requested to perform work in a higher classification within the
bargaining unit on a temporary basis of less than thirty consecutive calendar days shall do so with
no increase in pay. Should the temporary assignment be expected to exceed thirty consecutive
calendar days, the employee shall immediately receive up to 10% above hislher regular rate of
payor the base salary of the acting position for all hours worked in the higher classification.
Upon completion of the temporary assignment, the employee's pay will return to the former rate.
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Agenda Item No, 16F4
October 23, 2007
Page 52 of 65
ARTICLE 33
UNIFORMS AND EQUIPMENT
Section 33.1
The County will furnish all new fuH-time and part-time employees in job classifications
Firefighter and Lieutenants as set forth below:
Three (3) Uniform pants
Three (3) Uniform Shirts
One (I) Badge
One (1) Name Tag
Two (2) Bunker Gear
One (I) Set of Brush Gear
One set of Station Shoes
Section 33.2
The employees in the above classifications will be provided replacement of uniforms as
deemed necessary by the Fire Chief:
To receive the uniform replacements, the old uniforms and jump suit must be turned in.
Section 33.3
Other equipment listed in Section 33.1 shall be replaced on an as-needed basis.
Employees requesting equipment replacement may be required to exchange their old equipment
in order to get it replaced. Equipment damaged due to negligence or loss shall be replaced at the
employee's expense.
Section 33.4
Employees are required to wear these uniforms and report to work in a clean and neat
appearance. The employee will be required to wear a plain white or Department issued gray
crew neck t-shirt, black shoes or boots, and a black belt as a part of the issued uniform outlined
in this Article. In addition, employees wearing low cut shoes will be required to wear solid dark
blue or black socks. Employees must also report to work with a watch that contains a second
counter and pens as required for paperwork. In extremely cold weather employees will be
permitted to supplement their uniforms with long underwear (white or dark blue) and
Department sweat shirt tops worn either under their uniform shirt as needed. The Department
agrees to supply the equipment listed in this Section.
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Agenda Item No, 15F4
October 23, 2007
Page 53 of 55
Section 33.5
No jewelry of any type may be worn while on duty except for a wedding ring, wristwatch
and/or medic alert bracelet. No other jewelry will be permitted. Permitted jewelry shall be
appropriate to the tasks, which are normal and customary for the employee's duties. The
Employer shaH reimburse the employee for the loss of or damage to such permitted jewelry,
which occurs during the course and scope of employment subject to the reasonable and
customary cost of its replacement or repair. In no case, however, shall the cost to repair or
replace such permitted jewelry exceed $150 for a watch.
Section 33.6
Employees will maintain their hair in a clean and groomed condition. Hair shall be
pulled back so as to prevent it from falling into an employee's face/eyes or touching their coHar.
Employees will be clean-shaven on duty. A mustache that does not come between the sealing
surface of the face piece and the face is permissible.
Section 33.7
When the employment relationship is terminated for whatever reason, the employee will
be responsible for the return of all equipment furnished under this Article to the County. All
equipment must be returned in good condition and all uniforms will be cleaned and pressed prior
to departure.
.
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Agenda Item No. 15F4
October 23. 2007
Page 54 of 55
ARTICLE 34
EDUCATIONAL DIFFERENTIAL
Section 34.1
The Employer will satisfy the current respective Florida Statute requirements and will
remain consistent with future changes in the Florida Statutes. Tuition reimbursement will be in
accordance with CMA #5344 (attached) as provided for aH County employees.
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Agenda Item No, 15F4
October 23, 2007
Page 55 of 55
ARTICLE 35
PARKING
Section 35.1
The Employer will continue the current practice of providing parking within defined
parking spaces. No maintenance, washing, or waxing of vehicles shall occur on District property
regardless of whether or not an employee is on or off duty.
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ARTICLE 36
Agenda Item No, 15F4
October 23,2007
Page 55 of 55
V ACATlON LEAVE
Section 36.1 Eligibility
All regular full-time and regular part-time employees shall be entitled to eam vacation
leave, provided the time has been accrued at the beginning of the pay period for the time taken.
Vacation is accrued from the date of hire and is retroactive to the hire date upon successful
completion of the probationary period. Under no circumstances shall temporary, contractual,
emergency, or similar employees be entitled to vacation benefits. (See also CMA #5360)
Section 36.2 Accrual of Vacation Leave
I. Vacation leave for regular full-time and regular part-time shall be accrued from
the date of hire for each normally scheduled hour of work, based upon the following hourly rates:
Length of Yearly Vacation Hours Accrual Per Biweekly Pay Period
Service 56 Hour Work Week 56 Hour Work Week
1-2Years 120 4.615
3-6Years 168.02 6.464
7 - 20 Years 240 9.23
21 + Years 288 11.08
2. Vacation shall be accrued on regular hours worked, earned vacation taken, earned
sick hours taken, jury duty and military leave. Any leave without pay and the hours worked in
excess of the normal work period, whether paid at straight time or overtime, are excluded from
hours worked when determining vacation accrual.
3. Employees hired from Constitutional Officer agencies without a break in
continuous service, or a break in service of less than 30 days, may not transfer their accumulated
vacation time. However, continuous service with these agencies shall count for vacation accrual
rate and Length of Service Award. This provision shall apply only to employees hired after
September 30,1992 by the County Manager's Agency.
4. Temporary or seasonal employees do not receive vacation accrual nor does their
temporary employment count towards years of service.
Section 36.3 Maximum Vacation Accrual Hours
Vacation may be accrued to a maximum of 448 hours for 56 hour employees. Leave in
excess of 448 hours will be automatically converted to sick leave. Vacation may be extended
beyond 448 hours to 616 hours when determined to be in the best interest of the County and with
the prior written approval of the County Manager. Approval to extend beyond the 448-hour cap
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will be granted when:
Agenda Item No. 15F4
October 23, 2007
Page 57 of 55
a) The County must have the service of that employee for a period of time that
would preclude the use of vacation and cause the employee's accrued leave to exceed 448 hours.
b) The employee is in "good standing" and was rated "meets standards" or better on
their most recent performance appraisal.
c) The employee agrees in writing to take armually at least 112 hours of vacation
during any year in which the employee's vacation exceeds 448 hours. Failure to do so will cause
automatic conversion to sick leave.
Section 36.4 Use of Vacation
Vacation may be used for personal reasons not otherwise prohibited by the County.
With the supervisor's approval, accrued vacation leave, will, if available, be used for
uncovered portions of sick leave if all sick leave has been exhausted.
Section 36.5 Illness During Vacation
An employee who becomes sick while on an approved vacation may be allowed to use
accrued sick leave credits to cover the period of illness. Upon the employee's return to work, the
supervisor may require a medical certificate documenting the illness.
Section 36.6 Scheduling Use of Vacation
Employees shall select vacation dates for armual leave before December 15 for the
following calendar year. Vacation leave shall be awarded on a seniority basis. The County
reserves the right to refuse the requested dates and to assign vacations based on staffing
requirements, anticipated workload, and current status of operations and vacation opportunities
for all bargaining unit employees. Any requests after December 15 will be granted on a first
request/first granted basis. A more senior employee requesting vacation after December 15, may
not bump a less senior employee who has been selected for vacation.
Section 36.7. Vacation Pav in Advance
Vacation leave must be taken in minimums of one-hour increments for twenty-four hour
shift employees.
Section 36.8 Vacation Cap
Employees may accumulate vacation leave up to 448 hours. Each employee should
carefully monitor his/her accrued hours and promptly notify the Fire Chief if they begin to
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approach this limit.
Agenda Item No, 16F4
October 23. 2007
Page 58 of 65
Section 36.9 Vacation Pav Upon Termination
Employees who resign, are laid off, or are otherwise separated or discharged from the
County Service shall be entitled to be paid for any unused vacation balance earned.
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ARTICLE 37
Agenda Item No, 16F4
October 23, 2007
Page 59 of 55
SAVINGS CLAUSE
Section 37.1
If any provision of this Agreement, or the application of such provision, should be
rendered or declared invalid by any court action or by reason of any existing or subsequently
enacted legislation, the remaining parts or portions of this Agreement shall remain in fuH force
and effect. The parties will meet as soon as possible to negotiate a mutually agreeable
replacement provision.
Section 37.2
Unless directly in conflict with a Section of this Agreement, the County's Human
Resources Policies and Procedures, as amended from time to time, shall apply to employees
covered by this Agreement. In the event of a direct conflict, this Agreement shall govern.
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ARTICLE 38
Agenda Item No, 15F4
October 23. 2007
Page 60 of 55
ALCOHOL AND DRUG TESTING
Section 38.1
Both the County and the Union recognize that drug and alcohol abuse is a growing
problem among our nation's work force. The County and the Union also recognize the
tremendous cost, both in terms of efficiency and in human suffering caused by needless work
place accidents. Acknowledging tbe necessity for action, the following Alcohol and Drug
Testing program is hereby initiated.
Section 38.2
In the event a member of management has a reasonable suspicion to believe that an
employee is under the influence of drugs or alcohol on duty, he/she may require that the
employee submit to an industry accepted breathalyzer test, blood test, urinalysis and/or other
appropriate testing. Reasonable suspicion may be based upon a variety of factors, including but
not limited to accident, absenteeism, injury, conduct, performance, physical signs such as
impaired reactions or judgment, slurred or exaggerated speech or lack of balance, as well as the
smell or presence of alcohol or a controlled substance, or reports by other employees. Should the
employee test positive to alcohol or drugs, the County will utilize a confirmatory process before
taking further action. Such confirmatory process will utilize industry accepted testing
procedures.
Section 38.3
In the event an appropriate management official as defined in Section 38.2 above requests
that an employee submit to a breath, blood, urine and/or other tests, and the employee refuses to
submit to such test or tests, such refusal may result in disciplinary action, up to and including
discharge.
Section 38.4
In order to promote safety, health and security concerns, the Fire Chief and/or designee
may search lockers, vehicles and other County-owned or supplied area. The Fire Chief and/or his
designee reserves the right, based on reasonable suspicion, to search employee owned vehicles,
handbags, lunch boxes, and other containers or personal effects including outer clothing. At no
time will any employee's clothing be searched by or in the presence of a member of the opposite
sex. An employee's refusal to cooperate with or submit to a search may result in disciplinary
action up to and including discharge.
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-----
Section 38.5
All employees who must use a prescription drug that causes adverse side effects
(drowsiness or impaired reflexes or reaction time) shall inform their supervisor in writing that
they are taking such medication on the advice of a physician. It is the employee's responsibility
to also inform their supervisor of the possible side effects of the drug on performance and
expected duration of use. The prescribing physician must provide a statement that the employee
can perform all of the employee's normal job functions, which will be provided to the
employee's supervisor prior to starting work.
Agenda Item No, 15F4
October 23. 2007
Page 51 of 55
Section 38.6
The cost of drug and alcohol screening tests required by the County will be paid for by
the County.
Section 38.7
The County retains the right to discipline up to and including discharge any employee
who uses, possesses, dispenses, sells or buys illegal drugs or narcotics, whether on or off duty, or
who uses or possesses alcohol while on duty, or who reports to work under the influence of
illegal drugs or alcohol. The existence of an Employee Assistance Program does not affect the
right of the County to impose discipline, up to and including termination, for violating this
Article.
Section 38.8
Any employee who is convicted, pleads guilty or no 10 contendre (no contest) to any
criminal drug statute violation, whether on or off duty, must notify the Director of Human
Resources no later than five (5) days after such conviction. Failure to do so will be cause for
appropriate disciplinary action, up to and including termination. Once the County receives such
information, the County will make the appropriate determination as to what disciplinary action, if
any, is to be taken.
.
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Agenda Item No, 15F4
October 23. 2007
Page 52 of 55
ARTICLE 39
DURATION
Section 39.1
This Agreement will be in full force and effect as of the effective date of ratification of
this Agreement by the parties and shall remain in full force and effect until midnight the 30th day
of September, 2010.
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ARTICLE 40 (LAST ARTICLE)
Agenda Item No, 15F4
October 23.2007
Page 53 of 55
HOLIDAYS
Section 40.1 - Holidav Pay
Regular full-time employees assigned to a 12-hour or 24-hour schedule will receive 12
hours of straight time pay for each of the following holidays:
.
New Years Day
Dr. Martin Luther King's Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day
.
.
.
.
.
.
.
.
.
.
In addition to the days listed above, bargaining unit employees shall also be granted
appropriate pay for any other day declared a holiday by the County Commission. If less than a
full day is granted as a holiday, the bargaining unit shall receive a pro-rata amount as holiday
pay.
Section 40.2 - Receipt ofPav
The holiday pay will be included with the normal paycheck for the period which included
the holiday.
.
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Agenda Item No. 15F4
October 23, 2007
Page 64 of 65
FOR COLLIER COUNTY:
JAMES V. MUDD
COLLIER COUNTY MANAGER
FOR THE UNION:
WITNESS: ~~
. LARA , PRESIDENT
SSIONAL FIREFIGHTERS OF THE
GLADES INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS,
LOCAL 3670
_rJt"I'S/{ #.L. C!t.A S'(.
Type or Print Name:
WITNESS: CV\,~ 0...
Ma~~^^ Co\e
Type or 'nt Name:
~..
DATE:
/011:2 /8tfD 7
I I
THIS AGREEMENT IS SUBJECT TO RATIFICATION BY THE BARGAINING UNIT
AND THE COLLIER COUNTY BOARD OF COMMISSIONERS.
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Agenda Item No. 16F4
October 23.2007
Page 55 of 55
ATTEST:
DWIGHT E. BROCK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
Deputy Clerk
BY:
JAMES COLETTA, Chairman
Approved as to legal form
and sufficiency:
Scott R. Teach,
Managing Assistant County Attorney
.
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Agenda Item No, 15F5
October 23, 2007
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to approve a budget amendment and payment of an invoice from
Criminal Justice Information Services (CJIS) in the amount of $342,093, which is
the Collier County portion of the cost sharing project for the Twentieth Judicial
Circuit for FY 06/07.
OBJECTIVE: To pay Collier County's portion of the CJIS project expenses for FY
06/07.
CONSIDERATIONS: The five counties of the Twentieth Judicial Circuit entered into
an agreement to jointly fund court technology costs out of the service charge collected for
recording documents as listed in s. 28.222 F.S.
CJIS began paying shared expenses for the Twentieth Judicial Circuit in FY 06/07;
however no budget was in place as there were too many unknowns at the time. A budget
for these shared expenses has been developed and adopted for FY 08 and it is in line' with
the level of payment requested for FY 06/07.
FISCAL IMPACT: Funds are available in Reserves of the Court Related Technology
Fund [178] to pay this $342,093 invoice. These funds are derived from a mandated fee
and there is no affect to the General Fund [001].
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this request.
RECOMMENDATION: That the Board of County Commissioners approve the budget
amendment and authorize the payment of $342,093 as Collier County's portion of the
CJIS project for FY 06/07.
PREPARED BY: Mark Middlebrook, Senior Deputy Court Administrator
Agenda Item No, 15F5
October 23. 2007
Page 2 of 5
Lee County Board of County Commissioners
Court Administration
1700 Monroe Street
Ft Myers, FL 33901
239-533-1700
INVOICE
Customer
Collier County Board of County Commissioners
3301 East Tamiami Trail
Naples. FL 34112
Invoice Date: 8/2712007
Invoice Number: CJIS06/07
Description
Amount
FY06/07 CJIS Cost Sharing 10/1/06 - 8/27/07
$342,093.00
$0.00
$0.00
Total Amount Due:
$342,093.00
"
Agenda Item No. 15F5
October 23, 2007
Page 3 of 5
CJIS Cost Sharing Model FY2006/2007
Actual Costs to date 8/27/07
Collections
~'~"'"'C"'" ..7, , $2'~""CQII!l<:tecl . "_.%Tota[;.'"
Lee 4,233,023 57.1%
Collier 1 ,990.691 26.8%
Charlotte 1 ,047,644 14.1%
Hendrv 115.608 1.6%
Glades 29.180 0.4%
Total 7,416.146 100%
*based on FAce submission to FL legislature as denoted in FL Tax Watch article
CJIS Budget"
~Wfi~~~~t~i~i~~~litf~:-W1 i\.li~}~t1~~: li~J~~_;:;:fi~f~:~ [~j~g{,~~~~.'~~:t1i~ 'l~tt~t~~Y~,{~
Costs Shared All Counties 109.776 223,327 58,005 824,963 1.216.071
Costs for Chanotte Onl 6,637 0 0 0 6,637
Costs for Collier Onl 15.667 0 0 0 15.667
Costs for Glades Onl 0 0 0 0 0
Costs for Hend Onl 0 0 543 0 543
Costs for Lee Onl 143,699 172,299 52,269 397,022 765,289
Total 275,780 395,626 110,817 1,221,985 2,004,207
* based on FY07/08 proposed budget
Lee 206,358 299,770 85,377 867,898 1.459,403
Collier 45,134 59,947 15,570 221,442 !i34-2\'@3.,i
Chanotte 22.145 31.548 8,194 116.539 178,426
Hend 1.711 3,481 1,447 12,860 19.500
Glades 432 879 228 3.246 4,785
Total 275.780 395.626 110,817 1.221,985 2.004,207
35% 51% 14%
Cost Sharing - Agency >~
~~::/,"~'-'.\-.'::^\~~;:~H~~Z\~:;~~.~i.;::'it;r1:}a9,]f;}~2,~~~J~::c;.
Lee 512.344 738,728 208.331 1,459,403
Collier 123.206 171.946 46.942 342,093
Chanotte 63.232 90.490 24,704 178,426
Hendrv 6,245 9,986 3.269 19,500
Glades 1,576 2,520 688 4,785
Total 706.603 1.013,671 283.934 2.004.207
8/27/2007 Page 1 of 2
Agenda Item No, 15F5
October 23. 2007
Page 4 of 5
CJIS Cost Sharing Model FY2006/2007
Proposed Costs 10/1/06
Collections
;$"l!oE~;Ciii~Cted' C,ci;.;.,{,ii~tOl. ......
4,233,023 57.1%
1,990,691 26.8%
1,047,644 14.1%
115,608 1.6%
29,180 0.4%
7,416,146 100%
Lee
Collier
Charlotte
Hend
Glades
Total
*based on FACC submission to FL legislature as denoted in FL Tax Watch article
Costs Shared All Counties 163,860 172,250 90,950 1,025,719 1,452,779
Costs for Chartotle Onl 0 0 0 0 0
Costs for Collier Onl 0 0 0 0 0
Costs for Glades Onl 0 0 0 0 0
Costs for Hend Onl 0 0 0 0 0
Costs for Lee Onl 146.100 342,199 30,680 171.110 690,089
Total 309.960 514,449 121,630 1.196.829 2,142,868
* based on FY07108 proposed budget
;"',iW>~ ..
Lee 239.629 440,516 82,593 756,575 1,519,313
Collier 43.984 46.236 24,413 275,330 389,965
Charlotte 23,148 24,333 12,848 144,898 205,227
Hend 2.554 2,685 1,418 15,990 22,647
Glades 645 678 358 4,036 5,716
Total 309,960 514,449 121,630 1,196.829 2,142,868
40% 66% 16%
Cost Sharin - Agency
lit~T~)'?i~\,.ttg~~~~;;~~)~~rg$~~~~;l~~"'. :;i(:,~.t~~i~~~~'~'i
Lee 487,513 851,936 179,864 1,519,313
Collier 134,194 195,959 59,812 389.965
Charlotte 70.622 103.128 31,477 205,227
Hend 7.793 11.380 3,474 22.647
Glades 1,967 2,872 877 5.716
Total 702,089 1,165,275 275.504 2,142,868
8/2712007 Page 2 of 2
Page I ot I
Agenda Item No. 16F5
October 23, 2007
Page 5 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
1GF5
Item Summary:
Recomnlendalion to approve a budget amendment and payment of an invoice from Criminal
Justice lilforrnaliufl Services (CJISl in ttle alllount of $342,093, which is the Collier County
podion of trle cost sh::l!ing prOject for tile Twentieth Judicial Circuit for FY06/07
10/23/2U07 900:00 AM
Meeting Date:
AI)pnlVed By
OMB Coordinator
Applications Allillyst
Date
AdminiSfr<l\ive Services
Information Technology
10/16120073:45 PM
AplJroved By
Sherrl' Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
10/16/20074:08 PM
Approved By
Michael Smykowski
Management & Buuget Director
Date
County Manager's Office
Office of Man.1gement & Budget
10116/20074:14 PM
ApIJrOved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
10/16/20075:51 PM
Agenda Item No. 16G1
October 23. 2007
Page 1 of 18
EXECUTIVE SUMMARY
Recommendation for the Commnnity Redevelopment Agency to Adopt a Resolution
amending CRA Resolution 2001-98 as it relates to the Bylaws of the Bayshore/Gateway
Triangle Local Redevelopment Advisory Board.
OBJECTIVE: Recommendation for the Community Redevelopment Agency to Adopt a
Resolution amending CRA Resolution 2001-98 as it relates to the Bylaws of the
Bayshore/Gateway Triangle Redevelopment Advisory Board.
CONSIDERA TIONS: The Board of County Commissioners adopted Resolution No. 2000-83
declaring itself as the Collier County Community Redevelopment Agency to carry out and
implement the redevelopment powers and actions contemplated by Part lll, Chapter 163, Florida
Statutes, within such areas, and authorized the creation of Advisory Boards. Pursuant to CRA
Resolution 2001-98 the Bayshore/Gateway Triangle Local Redevelopment Advisory Board
Bylaws were created providing for membership, terms, purpose, duties, organizations and rules
of procedures.
The Collier County Community Redevelopment Agency wishes to update the Bylaws of the
Bayshore/Gateway Triangle Local Redevelopment Advisory Board and has determined that all
requirements necessary to amend these laws have been met.
,~--
A strike-through underline version of the changes to the original Bylaws is incorporated herewith
as part of the attachments labeled Backup Material.
FISCAL IMP ACT: There area no fiscal impacts.
GROWTH MANAGEMENT IMPACT: There are no Growth Management Plan impacts
RECOMMENDATION: Recommendation for the Community Redevelopment Agency to
Adopt a Resolution amending CRA Resolution 2001-98 as it relates to the Bylaws of the
Bayshore/Gateway Triangle Local Redevelopment Advisory Board.
Prepared by:
Jean Jourdan on October 8, 2007
Project Manager, Bayshore/Gateway Triangle Community Redevelopment Agency
Item Number:
Item Summary:
Meeting Date:
Page I at I
Agenda Item No, 16G1
October 23. 2007
Page 2 of 18
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1681
Recommendation for the Community Redevelopment Agency to Adopt a Resolution
amendinD CnA Resolution 2001-98 as it relates to the Bylaws of the Bayshore/Gateway
Triangle Redevelopment Advisory Board,
10/23/20079:00:00 AM
Prepared By
Jean Jourdan
Community Redevelopment
Agency
Project Manager
Date
Approved By
Bayshore.Gateway Redevelopment
10f9/2007 2:14:38 PM
Jean Jourdan
Community Redevelopment
Agency
Project Manager
Date
Bayshore-Gateway Redevelopment
10/9/20079:18 AM
AIJIJfoved By
David Jackson
Community Redevelopment
Aqcncy
Executive Director
Date
AI)proved By
Bayshore-Gateway Redevelopment
10/10/20075:19 PM
OMS Coonlinator
Administrative Services
Applications Analyst
Date
Information Technology
10/11/200710:02 AM
AplJfOVed By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
10/16/20071:21 PM
AplJfOVed By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10/16/20077:52 PM
Agenda Item No, 16G 1
October 23. 2007
Page 3 of 18
CRA RESOLUTION NO 07-
A RESOLl. lION OF THE COMMUNITY REDEVELOPMENT
AGENCY OF COLLIER COUI\TY, FLORIDA. AME:\IDING
CRA RESOUJfION 2001-98 AS IT RELATES TO THE
BYLAWS OF TIlE BAYSHOREiGATEWAY TRIANGLE
LOCAL REDEVELOPMENT ADVISORY BOARD.
WHEREAS, on March 27, 2001, the Collier County Community Redevelopment Agency
(eRA) approved eRA Resolution 2001~98, which adopted Bylaws for the eRA and its advisory
boards; and
WHEREAS. the eRA wishes to update the Bylaws of the Bayshore/Gateway Triangle
Local Redevelopment Advisory Board and has determined that all requirements necessary to
amend these Bylaws have been met.
NOW, THEREFORE. BE IT RESOLVED BY TIlE COMMUNITY
REDEVELOPMEI\T AGENCY OF COLLIER COUNTV. FLORIDA. that
1. The Bylaws of the Bayshore/Gatcway Triangle Local Redevelopment Advisory Board,
attached hereto and incorporated herein by reference, are hereby approved and re-adopted
as revised and amended.
2. Except as modified above, the Bylaws adopted through eRA ResoluLion No. 2001-98
shall remain in full force and effect.
3. The attached Bylav.'s shall be effective upon adoption of this Resolution.
This Resolution adopted after motion, second and majority vole this
day of
,2007.
ATTEST:
DWIGIIT E, BROCK. CLERK
COMMUNITY REDEVELOPMENT AGENCY
OF COLUER COUNTY. FLORIDA
By:
, Deputy Clerk
By:
DONNA FIALA. CHAIRMAN
Approved as to form
and legal sufficiency:
f'r',o 'fAA' 'rYi. ~,t/::(.u/.L.~
Marjori M. Student-Stirling . -- - 6
Assistant County Attorney
Agenda Item No, 1581
October 23. 2007
Page 4 of 18
BYLAWS OFTIIE BAYSHORE/GATEWAY LOCAL REDEVEWPMENf
ADVISORY BOARD OF COLLIER COUN'IY, FLORIDA
ARTICLE I. NAME AND PURPOSE
SECTION 1. Name: The local Advisory Board shall be known as
Bayshore/Gateway Local Redevelopment Advisory Board (the Advisory Board).
SECTION 2. Redevelonment Area: The area of operation of the Advisory Board
consists of that certain geographical area identified in eRA Resolution No. 2000-
01 by the Community Redevelopment Agency (CRA) and Resolution No. 2000-
181 by the Board of County Commissioners, and referred to therein as the
Bayshore/Gateway Redevelopment Area (the Redevelopment Area).
SECTION 3. Pumose: The Advisory Board is intended to be the primary vehicle
for community and professional input to the CRA for matters relating to the
Redevelopment Area. The Advisory Board will consider and make
recommendations to the CR...o\ concerning the Bayshore/Gateway Redevelopment
Plan (the Redevelopment Plan), the hiring, measurement, and firing of staff,
amendments to the Redevelopment Plan, the Redevelopment Area work program
and its implementation. proposed acquisitions under the Redevelopment Plan,
and any redevelopment or other puhlic projects proposed for the Redevelopment
Area. The eRA retains all executive authority and must approve any programs,
aelions, hudgets, and capital expenditures contemplated by the Advisory Board.
More specifically, the purpose and duties of each Advisory Board shan be as
follows:
(a) review the applicable Redevelopment Area's Redevelopment Plan and
when necessary recommend to the eRA any changes to the Plan;
(b) develop plans and bodgets including expected peroonnel costs to
realize the goals of the Redevelopment plan including developing an
annual ,....ork program, identifying project priorities, identifying
appropriate capital expenditures, and developing incentives to further the
redevelopment efforts and effectuate the purposes and prov;sions of the
Act in tbe Redevelopment Area to be reviewed and approved by the CRA
prior to each fiscal year;
(c) consistent with the plans and budgets approved by the CRA, identify
and employ or retain by contrad such staff, personnel, technical experts,
legal counsel, and other such agents and employees, permanent or
temporary, as it requires, and determine their qualification.s and duties.
The Advisory Board may request and recommend contracts either with the
County or with other persons, firms and individuals to prO'viue services for
and on behatf of the CRA.
Page 1 0[8
Cd) receive input from members of the public interested in redevelopment
of the Redevelopment Area and to report such iuformation to the CRA;
and
Agenda Item No. 15G1
October 23, 2007
Page 5 of 18
(e) review and recommend eRA action on any redevelopment or other
public projects proposed in the Redevelopment Area as authorized under
Chapter 163, Part III, Florida Statutes.
(f) maintain general oversight of all activities, acquisitions, or other
undertakings consistent with the power and authority delineated in Part
III, Chapter 163 Florida Statutes that may further the interests of the
Redevelopment Area and facilitate realization of the Redevelopment Plan.
ARTICLE II. ADVISORY BOARD
SECTION 1. Function: The Advisory Board is established to carry out those
purposes that are outlined in Article I, Section 3 hereof.
SECTION 2. Authority: Standin. Rules: The Advisory Board shall be subject to
the direct supenision of the CRA. The Advisory Board may prepare and adopt
standing rules of procedure. Preparation, adoption and amendment of any such
standing rules shall be at the discretion of the Advisory Hoard and must be
consistent with these Bylaws, eRA Resolution No, ~WOO-Ol and Bee Resolution
No. 2000-181 which adopted the Redevelopment Plan, BCC Resolution No.
2000-83 which declared the BCC to be the CRA and authorized the creation of
the Advisory Boards, the adopted Redevelopment Plan and the Act. Proposed
standing rules or amendments to such rules shall be sobmitted by the Advisory
Board to the CRA for a detennination of consistency with all of the above. Any
proposed rules or amendments to the rules will be effective upon that
determination.
SEl'TION 3. Aooointment and Oualifications: The Advisory Board shall
nominate members for review and approval by the eRA,
Consideration should be given to appointing members that have experience in
the folloV\'ing professions: finance, banking, architcdure, engineering, education,
law enforcement, social work, real estate sales and development, planning or
design and building construction.
Each member of the Advisory Board shall engage in business in the
Redevelopment Area. For purposes of these byla\vs, an individual who "engages
in business" means an individual who owns real property or a business, practices
a profession or performs a service for compensation, or serves as an officer or
director of a corporation or other business entity so engaged.
Any group, committee or board existing at the time of adoption of these Bylaws
may present one or more of its members for appointment as long as
Page 2 of 8
Agenda Item No. 16G1
October 23, 2007
Page 6 of 18
consideration is given to balancing the Advi,ory Board with representatives from
the above-recommended professions.
SECTION 4. The Bavshore/Gatewav Trianele Local Redevelopment Advisorv
Board: Consideration shoold be given to appointing members of the
BayshorejGateway Redevelopment Area as follows:
(a) One (1) Bayshore resident;
(b) One (1) Gateway Triangle resident;
(c) One (1) Bayshore business owner;
(d) One (1) Tamiami Trail (US41) business owner;
(e) One (1) Vavis Boulevard (SR84) business owner;
(I) One (1) Bayshore Municipal Sen;ee Taxing Unit (MSTU)
representative;
(g) Three (3) at large representatives who reside or engage in business, or
both, in the Bayshore/Gateway Triangle Redevelopment Area;
SECTION 5. Aonlication Procedures: Applicants must be residents and electors
of Collier County. Residents interested in applying to serve on the Advisory
Board shall submit an application requesting such appointment and containing a
brief resume to the Executive Manager to the BCC. The Advisory Board will
review those applications submitted and forward its recommendations to the
Executive Manager of the BCC. Guidelines for appointing the members to the
Advisory Board will be consistent with those procedures outlined in BCe
Resolution No. 2006-83.
SECTION 6. Tem1s: Ad\;sory Board members shall serve for two (2) year terms,
with no more than two reappointments permitted.
SECTION 7. Vacancies: Vacancies occurring on the Advisory Board shall be
publicized, but need not be advertised, in a publication of general circulation
within the County; and vacancy notices are to be posted in the County libraries, at
the County Government Center and on the internet by the Executive Manager to
the Bee. Appointment to fill vacancies v.ill he administered as provided in
Section 5 of this Article. TI1C tcrm of an Ad\;sory Board member appointed to fill
a vacancy expires at the time the term of the vacating member would have
expired.
SEcnON 8. Attendance Removal and Resi!!nation: 1t is the intent and strong
desire of the CRA that there be full attendance of Advisory Board members at all
meetings, recognizing, however, that it may be necessary for board members to
Page30f8
be absent from a meeting due to unusual or emergency circumstances. The
following requirements are established:
Agenda Item No. 15G 1
October 23, 2007
Page 7 of 18
Ca) Any Advisory Board member who is absent for more than two-thirds
of the Advisory Board's meetings in a given fiscal year shall be deemed to
have tendered his or her resignation from the Advisory Board. The CRA
shall, as soon as practicable after such resignation, declare the position
vacant and shall promptly fill the position. The affected Advisory Board
member shall not serve at any meeting after his or her position is declared
vacant hy the CRA.
Cb) In the event that any Ad,;sory Board member is absent from two
consecutive Advisory Board meetings without an excuse acceptable to the
Advisory Board, the Advisory Board chairman shall state such fact at the
next regularly scheduled Advisory Board meeting and shall thereafter
notify, in writing, the CRA of the Advisory Board member's failure to
attend without a satisfactory excuse. The CRA shall review the notification
at a CRA meeting and shall declare the Advisory Board member's position
to be vacant if the CRA concurs that the Advisory Board member was
absent from two cunsecutive Advisory Hoard meetings ""ithout a
satisfactory excuse and shall promptly fill that position pursuant to the
provisions of Article II, Section 7.
(c) For purposes of this Section 8, attendance means presence at the
meeting no later than fifteen minutes after the meeting is called to order as
verified by the Secretary on the attendance record.
Cd) A member may resign at any time by delivering notice thereof to the
Advisory Board and the eRA Chairman. A resignation is effective when
the notice is delivered to the eRA Chairman unless the notice specifies a
later effective date and the CRA accepts the future effective date. The
pending vacancy may be filled hefore the effective date provided that the
successor does 110t sit on the Advisory Board at a meeting until the
effective resignation date.
ARTICLE III. OFFICERS AND SECRETARY
SECTION 1. Officers: The officers of the Advisorv Board shalt be a Chairman and
a Vice Chairman. The Secretary shall be the individual assigned from eRA staff,
but shall have no vote.
SECTION 2. Role of Chairman: The Chainnan shall preside at all meetings and
hearings of the Advisor~y Board and shall have the duties normally conferred by
parliamentary usage on such office. The Chairman shall call special meetings,
serve as the Ad\;sory Board liaison to the CRA, and shall perform such other
duties as are cllstomary for the Chairman.
Page 4 of 8
Agenda Item No, 16G1
October 23, 2007
Page 8 of 18
SECTION 3. Role of Vice Chairman: The Vice Chairman shall ad for the
Chairman in the Chairman's absence. The Vice Chairman shall also perform such
duties as are delegated by the Chairman.
SECTION 4. Role of Seeretarv: It is the duty of the secretary to Ca) keep the
minutes of the proceedings of the meetings of the Advisory Board, (b) provide all
notices in accordance with the provisions of these Bylaws or as required by law,
(c) post or cause to be posted all meeting notices as required and notify members,
(d) maintain custody of the Advisory Board records, and (e) in general perform
all duties from time to time as may be prescribed by the Chairman or the
Advisory Board.
SECTION 5. Officer Ahsences: In the absence of the Chairman and Vice
Chairman. the quorum present shan select a Chairman for the meeting.
SECTION 6. Election of Officers: Officcrs shall he elected annually at the first
regular meeting of the year. Election requires nomination from the floor and an
affirmativc vote by a majority of the Advisory Board memhers present and voting,
provided a quorum is present at such meeting. Officers shan be seated
immediately upon their election.
SECTION 7. Terms of Office: Each officer duly elected hy the Advisory Board
shall serve a term of one year until the next annual election (or as otherwise
determined by thc standing rules of the Advisory Board). All officers shall hold
office until their successors have been elected or until their earlier resignation,
removal from office or death. No person may simultaneously hold more than one
office on the Advisory Board.
SECTION 8. Officer Vacancies: If a vacancy exists for any office, the Advisory
Board shan elect a new officer by the affirmative vote of a majority of the
Advisory Board members present and voting at a meeting of the Advisory Board,
to fill the incomplete term of the vacated office.
SECTION 9. Removal or Resi1mation: The Advisory Board may remove an
officer at any time with or without cause by the affirmative vote of a majority of
the Advisory Board members present and voting at a duly constituted meeting of
the Advisory Board. An officer may resign at any time by delivering notice
thereof to the Advisory Board. A resignation is effective when the notice is
delivered to the Advisory Board unless the notice specifies a later effective date
and the Advisory Roard accepts the future effective date. The pending vacancy
may be filled before the effective date provided that the successor does not take
office until the effective date.
ARTICLE IV. SUBCOMMITfEES
SECTION 1. Creation: The AdviSOr)' Board may create, from time to time, such
subcommittees as shall be necessary or desirable to carry out the functions,
Page 5 of8
Agenda Item No, 15G 1
October 23.2007
Page 9 of 18
purposes, and objectives of the Advisory Board. Any such subcommittees shall be
subordinate to the Advisory Board, shall be assigned a specific purpose and
objective, and !:ihall be given a date certain to complete its tasks, at which time the
subcommittee shall be dissolved, unless said date is extended by the affirmative
vote of a majority of tbe Advisory Board members present and voting at a duly
constituted meeting of the Advisory Board.
SECTION 2. Members: Tbe members of such subcommittee shall be elected by
the Advisory Board for such term and sball have qualifications as the Advisory
Board may desire.
SECTION 3. Removal: The Advisory Board may remove any subcommittee
member "With or \.vithout cause by the affirmative vote of a majority of Advisory
Board members present and voting at any meeting of the Advisory Board.
SECTION 4. Rules and Procedures: The subcommittees shall be subject to the
same parliamentary procedures as the Advisory Board and Florida's Government
in tbe Sunshine Law.
ARTICLE V. MEETINGS
SECTION 1. Meetings: Regular meetings of the Advisory Board shall be beld on
such day, time and place as may be determined by tbe Advisory Board, and at a
minimum once a month. The purpose of the meetings is to discuss and to then
prepare recommendations and advice to the eRA on matters brought before the
Advisory Board.
SECTION 2. Quorum and Votin2:: At all regular or special meetings of the
Advisory Board, a majority of the membership of the Advisory Board shall
constitute a quorum. Voting shall be by voice unless a member of the Advisory
Board requests a rot! cat!. The roll shat! be in alphabetical order with the first
name called rotating with each motion upon which the vote is called. The
Chairman shall always vote last. A record of the roll call shall be kept as part of
the minutes.
SECTION 3. Snecial Meetings: Special meetings may be called by tlle Chairman
at anytime provided adequate notice is given pursuant to this Article. The
Chairman may also call a special meeting when requested to do so in writing by a
majority of the members of the Advisory Board or by a CRA staff member. The
notice of such a meeting shall specify the purpose of such a meeting and no other
business may be considered except by unanimous consent of the Advisory Board.
All members of the Ad\,isory Board shan be notified in advance of sucn special
ffi(;ctings by the Secretary.
SECTION 4. Notice and Publication: The Secretary shall give notice and keep a
TceoI'd of such notice uf its meetings and the meetings of the subcommittees
including the date, time, and location of each regular and special meeting. Notice
Page 6 of 8
Agenda Item No. 1581
October 23. 2007
Page 10 of 18
shall be forwarded to the County Communications and Customer Relations
Department for posting at the County Government Center and other appropriate
locatious as recommended by the Advisory Board and at the County
Communications and Customer Relations Department.
SECTION 5. Onen Meetings: All meetings of the Advisory Board or its
subcommittees shall be open to the public and governed by the provisions of
Florida's Government in the Sunshine Law.
SECTION 6. Minutes: The minutes of all meetings shall be promptly recorded,
and such records shall he open to public inspection, in accordance with
applicable law.
SECTION 7. Location: Meetings of the Advisory Board, or any of its
subcommittees shaJl be held in a location acccssible to the public.
SECTION 8. Meeting A2enda: The agcnda for each meeting of an Advisory
Board or any of its subcommittees shall be outlined by the Chairman and
submitted to the Secretary for preparation. Auy Advisory Board member or
subcommittee memher may place an item on its own agenda by submitting it to
the Chairman for fOIWarding to the Secretary prior to the deadline for publishing
the notice of such meeting.
SECTION 9. Order of Business: The order of business at rcgular meetings shaJl
be:
(a) RoJl Call
(b) Adoptiou of the Agcnda
(c) Adoption of Minutes from Previous Meeting
(d) Communications
(e) Old Business
(I) New Business
(g) Citizen Comments
(h) Adjournment
SECTION 10. To provide for the orderly and efficient conduct of its meetings,
e.ach Advisory Board shall foJlow Roberts Rules of Order.
Page 7 or8
ARTICLE VI. CONFLICT
Agenda Item No. 15G1
October 23.2007
Page 11 of 18
The provisions of these bylaws shall apply to the Advisory Board except as
otherwise provided by Collier County Ordinance No. 95-22, as amended. It is the
intent of the CRA that Collier County Ordinance No. 2001-55, as amended, shall
not apply to the Advisory Boards.
ARTICLE VII AMENDMENTS
These Bylaws may be amended at any duly constituted meeting of the CRA by an
affirmative vote by a majority of the CRA members present and voting after the
proposed amendment has bcen listed on the agenda and submitted to the CRA
for review and discussion.
Page 8 of8
Agenda Item No, 1681
October 23. 2007
Page 12 of 18
BYLAWS OF THE BAYSHORE/GATEWAY U>CAL REDEVELOPMENT ADVISORY
BOARD OF COLUER COUII,'TY. FWRIDA
ARTICLE 1. NAME AND PURPOSE
SECTION 1. Name: The local Ad\isor.,. Board shall be knO\m as Bayshore/Gateway Local
Rede\elopment Ad\iso!}' Board (the Adviso!}' Board).
SECTION 2. RedeveloDment Area: The area of operation of the AdYiso!}' Board consists of that
certain geographical area identified in CRA Resolution 2000-01 by the Community
Redevelopment Agency Beaffi( CRA) and Resolution 2000-181 by the Board of Count.,.
Commissioners, and referred to therein as the Bayshore/Gateway Com~oRcnt RedeYelopment
Area (the RedeYelopment Area).
SECTION 3. Puroose: The Ad\iso!}' Board is intended to be the prima!} vehicle for community
and professional input to the Gellicr COllnty COR1IHtll1ity Rc,k;clopmeRt ."geney (thc "CR.",g for
matters relating to the RedeYelopment Area. The Addso!}' Board will consider and make
recommendations to the CRA concerning the Bayshore/Gateway Redevelopment Plan (the
Redeyelopment Plan), the hiring, measurement, and firing of staff, amendments to the
Redevelopment Plan, the rRedevelopment aArea work program and its implementation, any
proposed acquisitious under the Redewlopment Plan. and ftHTrede\elopment or other public
projects proposed for the Redevelopment Area. The GRA-BearElCRA retains all execut"'e
authority and must appro\'e any programs, actions. budgets, and capital expenditures
contemplated by the Ad\'isorv Board. More specifically, the purpose aud duties of each Ad\iso!}'
Board shall be as follows:
(a) review the applicable eOlHfloRcnt rRedevelopment aArea's rRedevelopment flElan and
when necessa!}' recommend to the CRA any changes to the flElan;
(b) develop plans and budgets including expected personnel costs to realize the goals of
the Redevelopment pElan including de\'eloping an annual work program,
set#Rgidentif.ing project priorities, identifying appropriate capital expenditures, and
developing incentives to further the rede\ elopment efforts and earryOHt-ilflfl effectuate
the purposes and pro\isions of the Act in the Rede\ elopment Area to be reviewed and
approved by the CIL'. BaardCRA'prior to each fiscal year:
(c) consistent with the plans and budgets approved by the GRA-BeaFdCRA, identify and
employ or retain by contract such staff, personnel. technical experts, legal counsel. and
other such agents and employees. permanent ortempora!}, as it requires, and determine
their qualifications and duties. The Board may request and ilHPlemcntrecommend
contracts either with the County or with other persons. firms and indhiduals to provide
set'\' ices for and on behalf ofthe C RA.
(d) receive input from members of the public interested in rede\elopment of the
component rBedeyelopment aArea and to report such information to the eRA; and
(e) review and recommend GRA-BearElCRA action on any redeYelopment or other public
projects proposed in thc Rede\'elopment Area prior to implemcntationas authorized
under Chapter t6Q. Part Ill. Florida Statutes.
Agenda Item No. 15G1
October 23. 2007
Page 13 of 18
(f) maintain general oversight of all actidties. acquisitions, or other undertakings
consistent with the power and authority delineated in Part III, Chapter 163 Florida
Statutes that may further the interests of the Redevelopment Area and facilitate
realization of the Redevelopment Plan.
ARTICLE II. ADVISORY BOARD
SECTION 1. Function: BacliThe Ad\;sory Board is established to carry out those purposes that are
outlined in Article t, Section 3 hereof.
SECTION2. Authoritv: Standing Rules: The Ad\;sory Board shall be subject to the direct
supenision of the CRA BoardCRA. The Ad\;sory Board may prepare and adopt standing rules of
procedurcspceifie to tAat Ad\;sof) BoaFd's eeffil'ORCRt reEle\ e1al'ffiCRt arca. Preparation, adoption
and amendment of any such standing nlles shan be at the discretion of the Ad\'isol)' Board and
must be consistent with these B\laws, CRA Resolution 2000-01 and BCC Resolution 2000-181
which adopted the Redewlopment Plan, BCC Resolution 2000-83 which declared the BCC to be
the CRA and authorized the creation of the Ad\isol) Boards. the adopted Rede\elopment Plan
and the Act. Proposed standing mles or amendments to such nlles shall be submitted by the
Ad\;sol)' Board to the CRA for a determination of consistency with all of the above. Any proposed
rules or amendments to the rules will be effective IIp:Jn that determination.
SECTION 3. Aooointment and Oualifications: The Ad\isol)' Board shall nominate members for
re\iew and approval by the CRA BoardCJSA.
Consideration should be gi\'en to appointing members that have experience in the following
professions: finance, banking, architecture, engineering, education, law enforcement. social work.
real estate sales and development" planning or design and building constnlction.
Each member of aRthe Ad\;sol)' Board shall engage in business in the component rede\elopment
area for that Ad\isory Board. For purposes of these bylaws. an indi\idnal who "engages in
business" means an indi\'idual \,,"ho Q\\TIS real property or a business. practices a profession or
performs a servi.c.e for compensation or seryes as an officer or director of a corporation or other
business entity so engaged.
Any group, committee or ooard existing at the time of adoption of these Byla,,,,s may present one
or more of its memberslHf> for appointment as long as consideration is given to balancing the
Ad\'isol)' Board with representath'es from the above-recommended professions.
SECTION 4. The Ba,'shore/Gatewa\ Triangle Local Rede\elooment Ad\isor'\" Bo.ard
Consideration should be given to appointing members of the Ad\;sol)' Board for the
Bayshore/Gateway compaAERt rRedevelopment ..-"rea as follows:
(a) One+we (21) Bayshore residents;
(b) One+we (2l) Gateway Triangle residents;
(c) One (1) Bayshore husiness m\11P:r;
(d) One (1) Tamiami Trail (US41) business owner;
(e) One (1) Davis BouleYard (SR84) business O\\ller;
Agenda Item No, 15G1
October 23, 2007
Page 14of18
(f) One (1) Bavshore Municipal Senice Taxing Unit (MSTU) represeutative;
(g) One (t3) at large representative who resides or engages in business, or both, in the
Bayshore/Gateway Triangle Component Redevelopment Area;
SECTION 5. Application Procedures: Applicants must be residents and electors of Collier County.
Residents interested in applying to sen'e on aflthe Ad\isory Board shall submit an aoolication
iettef requesting such appointment and containing a brief resume to the Advisory Board. The
Advisol'\' Board will review those applications submitted and fon\'ard its recommendations too
reeem";enaed slate fElr allllreval by the CR!'. BoardCRA. Guidelines for appointing the members
to the Ad\isory Board will be consistent with those procedures outlined in BCC Resolution 94-
136.
SECTION 6. Terms: Ad\isory' Board members shall sene for two (2) year terms, with no more
than two reappointments permitted.
SECTION 7. Vacancies: Vacancies occurring on the Ad\isory' Board shall be publicized, but need
not be advertised, in a publication of general circulation within the county; and vacancy notices
are to be posted in the e!:;ounty libraries, at the eCounty Government CenterourtllOuSC and on the
internet. Appointment to fill vacancies will be administered as provided in .'stiek II. Section 5 of
this Articleab€we. The term of an Advisory Board member appointed to fill a vacancy expires at
the time the term of the originalvacatin~ member would have expired.
SECTION 8. Attendance. Removal and Resi~nation: It is the intent and strong desire of the CRA
that there be full attendance of Ad\isery' Board mem bers at all meetings, recognizing, howeYer,
that it may be necessary' for board members to be absent from a meeting due to unusual or
emergency circumstances. The following requirements are established:
Wr. Any AdvisOl)' Board member who is absent for more than two-thirds of the Advisory'
Board's meetings in a given fiscal year shall be deemed to have tendered his or her
resignation from the Ad\isory Board. The CRA shall, as soon as practicable after such
resignation, declare the position vacant and shall promptly fill the position. The affected
Advisory' Board member shall not sen'c at any mecting after his or her position is
declared vacant by the CRA.
QD.~ fn the e\'ent that any Advisory' Board member is absent from two consecuthe
Advisory' Board meetings without an excuse acceptable to the Advisory Board. the
Ad\isory Board chairman shall state such fact at the next regularly scheduled Ad\isoT}'
Board meeting and shall thereafter notify, in writing, the CR.\ BoardCRA of the Advisory'
Board member's failure to attend without a satisfactory excuse. The CR!'. BoardCRA shall
review the notification at a CRA meeting and shall declare the Ad\isory' Board member's
position to be vacant if the CRA concurs that the Advisory Board member was absent
from two consecutive Advisery' Board meetings without a satisfactory' excuse and shall
promptly fill that position pursuant to the pro\isions of Article II, Section 7.
@:y. For purposes of this Section 8, attendance means presence at the meeting no later
than fifteen minutes after the meeting is called to order as verified by the Secretary' on the
attendance record.
(Ql40 A member may resign at any time by delivering notice thereof to the Advisory
Board and the CRA Chairman. A resignation is effective when the notice is delivered to
the CRA Chairman unless the notice specifies a later effective date and the GAA
Agenda Item No, 16G 1
October 23. 2007
Page 15 of 18
OOaffiCRA accepts the future effective date. The pending vacancy may be filled before the
effective date prmided that the successor does not partieil'atesit on the Advisory Board at
a meeting until the effecthe date..
8ECTION ~. Financial Dise!G5Ufes: ,\dv isol} Board mcmbcrs sl'lall comply \\ith the applicable
HRaaeial dise!osHrc rCfpiremeRts of laTs of the State af Florida.
ARTICLE III. OFFICERS
SECTION 1. Officers: The officers of the eaffi-Adv'isol) Board shall be a Chairman, Vice Chairman,
and a Secretal)'. The Secretary shall be the indhidual assigned from CRAettRty staff, but shall
have no \Ute.
SECTION 2. Role of Chairman: The Chairman shall preside at all meetings and hearings ofthe
Advisol)' Board and shall have the duties normally conferred by parliamentary usage on such
office. The Chairman shall call special meetings, sen'e as the Advisory Board liaison to the CRA,
and shall perform such other duties as are customary for the Chairman.
SECTION 3. Role of Vice Chairman: The Vice Chairman shall act for the Chairman in the
Chairman's absence. The Vice Chairman shall also perform such duties as are delegated by the
Chairman.
SECTION 4. Role of Secretan': It is the duty of the secretal) to (a) keep the minutes of the
proceedings of the meetings of the Advisol) Board, (b) provide all notices in accordance \lith the
provisions of these bllylaws or as required by la\\. (c) JXlst or cause to be JXlsted all meeting
notices as required and notify members, (d) maintain custody of the Ad\isol)' Board records, and
(e) in general perform all duties from time to time as may be prescribed by the Chairman or the
Advisol)' Board.
SECTION 5. Officer Absences: In the absence of the Chairman and Vice Chairman, the quorum
present shall select a Chairman forthe meeting.
SECTION 6. Election of Officers: Except for the Secreta I) , officers shall be elected annually at the
first regular meeting of the year. Election requires nomination from the floor and an affirmati\'e
vote by a majority of the Advisory Board members present and voting. pro\'ided a quorum is
present at such meeting. Officers shall be seated immediarely upon their election.
SECTION 7. Terms of Office: Each officer duly elected bnhe Ad\ison' Board shall sene a term of
one year until the next annual election (or as othernise determined b;' the standing rules of the
Ad\isol)' Board). All officers shall hold office until their successors have been elected or until their
earlier resignation, remm'al from office or death. No person may simultaneously hold more than
one office on ftflthe Ad\isOT}' Board to the epe^,.
SECTION 8. Officer Vacancies: If a vacancy exists iflfor any office, the Ad\ison' Board shall elect a
new officer by the affirmati\'e \ ate of a majority ofthe-Ad\isol)' Board membe~s present and
\Uting at a meeting ofthe Ad\isol)' Board, to fill the incomplete term ofthe v'aeated office.
Agenda Item No. 1581
October 23.2007
Page 16 of 18
SECTION 9. Removal or Resignation: The Ad\isol)' Board may remove an officer at any time "ith
or without cause by the affirmative vote of a majority of the Ad\isol)' Board members present and
voting at a duly constituted meeting of the Advisory Board. An officer may resign at any time by
delivering notice thereof to the Ad\isory Board. A resignation is effective when the notice is
delivered to the Ad\isol"\' Board unless the notice specifies a later effective date and the Ad\isol)'
Board accepts the future effective date, the pending vacancy may be filled before the effective date
provided that the successor does not take office until the effective date.
ARTICLE IV. SUBCOMMITTEES
SECTION 1. Creation: The Advisol)' Board may create, from time to time, such subcommittees as
shall be necessal)' or desirable to carry out the functions. purposes, and objectives of the Addsory
Board. Anv such subcommittees shall be subordinate to the Ad,isory Board, shall be assigned a
specific pt;rpose and objective, and shall be given a date certain to complete its tasks, at which
time the subcommittee shall be dissolved, unless said date is extended by the affirmative vote of a
majority of the Ad,isol)' Board members present and voting at a duly constituted meeting of the
Ad\isory Board.
SECTION 2. Members: The members of such subcommittee shall be elected by the Ad\isol)'
Board for such term and shall have qualifications as the Advisory Board may desire.
SECTION 3. Remonl: TIle Ad,isory Board may remove any subcommittee member with or
without cause by the affirmative \'ote of a majority of Ad,isol)' Board members present and voting
at any meeting of the Ad,isory Board.
SECTION 4. Rules and Procedures: The subcommittees shall be subject to the same
parliamentary procedures as the Ad\isol)' Board and Florida's Government in the Sunshine Law.
ARTICLE V. MEETINGS
SECTION 1. Meetings: Regular meetings of the Ad,iso/)' Board shall be held on such day, time
and place as may be determined by the Ad,iso/)' Board, and at a minimum once a month. The
purpose of the meetings is to discuss and to then prepare recommendations and advice to the
CRA on matters brought before the Ad\iso/)' Board.
SECTION 2. Ouomm and Voting: At all regular or special meetings of the Ad,isory Board, a
majority of the membership of the Ad\isory Board shall constitute a quonnn. Voting shall be by
voice unless a member of the Ad\iso/)' Board requests a roll call. The roll shall be in alphabetical
order "ith the first name called rotating "ith each motion u]X>n which the vote is called. The
Chairman shall always vote last. A record ofthe roll call shall be kept as part of the minutes.
SECTION 3. SoeciaJ Meetings: Special meetings may be called by the Chairman at anytime
prmided adequate notice is given pursuant to this Article J' .seeBOfl 4 Acrcof. The Chairman may
also call a special meeting when requested to do so in writing by a majority of the members of the
Ad\'iso/) Board or by a CRA staff member. The notice of such a meeting shall specify the purpose
of such a meeting and no other business may be considered except by unanimous consent of the
Agenda Item No. 15G 1
October 23.2007
Page17of18
Ad,;sory Board. All members of the Ad,;sory Board shall be notified in ad,ance of such special
meetings by the Secretary.
SECTION 4. Notice and Publication: The Secretary shall gi,e notice and keep !Lrecord of such
notice of its meetings and the meetings of the subcommittees including the date, time, and
location of each regular and special meeting. Notice shall be posted ifl;tl the eCou!!t, Government
Centerounly eomtRou3C and other appropriate locations as recommended by the Ad';sory Board
and teat the County Communications and CustomeLRelationsPuslie InformatioR Department for
further distribution.
SECTION 5. Open Meetings: All meetings of the Ad\isory Board or its subcommittees shall be
open tothe public and go\"erned by the prm;sions of Florida's Gm'ernment in the Sunshiue Law.
SECTION 6. Minutes: The minutes of all meetings shall be promptly recorded, and such records
shall be open to Pllblic inspection, in accordance ,,;th applicable law.
SECTION 7. Location: Meetings of ilftthe Ad\;sory Board, or any of its subcommittees, shall be
held in a location accessible to the pu blic.
SECTION 8. Meeting Agenda: The agenda for ead1 meeting of an Ad\"isory Board, or an\" of its
subcommittees, shall be outlined by the Chairman and submitted to the Secretary for p;eparation.
Am Advisor\" Board member in the case of an f.d\ ;50,", Board. or fr-subcommittee member iIHIle
ease of a subcommittee, may place an item on the age~da by submitting it to the Chairman for
forwarding to the Secretary prior to the deadline for publishing the notice of such meeting.
SECTION g. Order of Business: TIle order of business at regular meetings shall be:
(a) Roll Call
(b) Adoption of the Agenda
(c) Adoption of Minutes from Pre,ions Meeting
(d) Communications
(e) Old Business
(f) New Business
(g) Citizen Comments
(h) Adjournment
SECTION to. To provide for the orderly and efficient conduct of its meetings, each Ad\isory
Board shall follow Roberts Rules of Order.
ARTICLE VI. CONFLICT
Agenda Item No. 1681
October 23, 2007
Page 18 of 18
The pro\isions of these bylaws shall apply to the Ad\isory Board except as otherwise prO\ided by
Collier County Ordinance No. 95-22, as amended. ]t is the intent of the CRA that Collier County
Ordinance No. 86-41, as amended, shall not apply to the Ad\isory Boards.
ARTICLE VII AMENDMENTS
These Bylaws may be amended at any duly constihlted meeting of the CRA by an affirmative vote
by a majority of the eRA members present and voting after the proposed amendment has been
listed on the agenda and submitted to the CRA for review and discussion.
Agenda Item No. 16G2
October 23. 2007
Page 1 of 11
EXECUTIVE SUMMARY
,-
Recommendation for the Community Redevelopment Agency (CRA) to approve demolition of
CRA-owned residential property (mobile homes); approve a Request for Proposals (RFP) scope
of work to build single-family homes on CRA owned land; approve the Executive Director to
advertise the RFP through the Purchasing Department and return with recommendations
OBJECTIVE: Recommendation for the Community Redevelopment Agency (CRA) to approve
demolition of CRA-owned residential property (mobile homes); approve a Request for Proposals
(RFP) scope of work to build single-family homes on CRA owned land; approve the Executive
Director to advertise the RFP through the Purchasing Department and return with recommendations.
BACKGROUND: Florida Statute 163.358 - "Exercise powers in carrying out community
redevelopment and related activities" - gives (he CRA power to approve the acquisition of property.
Florida Statute 163.380 - "Disposal of property in community redevelopment area" - delineates the
procedures the CRA must follow in the sale, lease or transfer ofreal property (0 any private person.
.--
CONSIDERATIONS: The CRA Master Redevelopment Plan identified several blighted
neighborhoods as potential sites for a residential infill projects. In those areas, the CRA purchased 14
mobile home lots of which six have mobile homes and purchased one single-family residential lot that
has a house on it. The CRA's residential infill plan is to advertise the 14 mobile home parcels in a
request for proposals (RFP), Exhibit A, for a development team (0 construct single-family homes and
sell them to qualified buyers. The RFP process gives the CRA an opportunity to review and select
builders to design and build housing that meets the redevelopment objectives of the CRA Master
Redevelopment Plan and CRA RFP scope of work. As part of the acquisition, preparation and
disposition of the land, the CRA will demolish the structures and site prep the lots to a "ready to build"
condition. Six (6) substandard mobile homes and one single-family structure will be demolished.
FISCAL IMP ACT: Fund 187 has sufficient operational funds to demolish the homes and site prep the
parcels. The sale ofCRA-owned land with new single-family homes will return the CRA's initial land
investment that may be applied to either the CRA's existing debt or to another project. The residential
infill project will increase property values and increase the CRA' s recurring annual TlF revenues.
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.
LEGAL CONSIDERATIONS: The county attorney's office will review and prepared all necessary
documentation for the CRA to complete the sale or short tenn builder's land lease for the properties as
authorized in Chapter 163, Florida Statutes.
RECOMMENDATION: Recommendation for the Community Redevelopment Agency (CRA) to
approve demolition of CRA-owned residential property (mobile homes); approve a Request for
Proposals (RFP) scope of work to build single-family homes on CRA owned land; approve the
Executive Director to advertise the RFP through the Purchasing Department and return with
recommendations.
.--'
Prepared by: David L. Jackson on October 5, 2007
Executive Director, Bayshore/Gateway Triangle Community Redevelopment Agency
Page I ot I
Agenda Item No. 16G2
October 23, 2007
Page 2 of 11
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16G2
Item Summary:
f'\ecornrnendation for the COlllll1unity Redevelopment Agency (eRA) to approve demolition of
CPA-owned I-esidential property 1,fl1olJile homes); approve a Request for Proposals (RFP)
scope of work to build single-family homes on eRA owned land; approve the Executive
Director to advertise the RFF' through the Purchasing Department and return with
reCOlllrllend ations
Meeting Date:
10/2:312007900_00 Ai\;1
Prepared By
David Jackson
Executive Director
Date
Commllnity Redevelopment
Agency
Bayshore-Gateway Redevelopment
10/10120075:37:14 PM
AplJroved Hy
OMS Coordinator
ApplicatiollS Analyst
Date
Administr<ltive Services
Infonn<ltion Technology
10f11f200110:13 AM
Approved By
Mark Isackson
Budget Allillyst
Date
COllnty Manager's Office
orfi(;e or M'1naqement 8, Budget
10f11f200112:11 PM
AIJ(lroved By
David Jackson
Executive lJiulctor
Date
Community Redevelopment
Agency
Bayshore-Gateway nedevelopment
101"11/200712:47 PM
Apl)roved By
Steve Carnell
Purch;:Jsifl~lfGeneral $vcs Director
Date
ArhTlinistrative Servir:es
Purchl1sinq
10/16/20074:46 PM
Appro\'t~d Hy
James V. Mudd
County Manager
Date
Board of County
COlllmissioners
County Manl1ger's Office
10/17/20072:26 PM
DRAFT
Agenda Item No. 16G2
October 23. 2007
Page 3 of 11
EXECUTIVE SUMMARY
Project Scope and Intent: The objectives of this RFP include:
· Providing attractive housing consistent with the goals and objectives of the Collier County
Housing Element of the Comprehensive Plan;
. Meets the goals and intent of the CRA Residentiallnfill Program and Master Plan; and
· Integration of new residences among existing neighborhood.
Potential Development Opportunity: Design and build moderately priced single family homes
on CRA-owned property for sale to moderate income individuals and families in unincorporated
Collier County, Florida, south of US41 (Tamiami Trail East), Exhibit A. Participation in the
program shall require the execution of an agreement hetween the Developer and CRA
guaranteeing resale restrictions to assure occupancy by buyer.
Location: Multiple sites are located on Van Buren Avenue. Lunar Street, Harvest Court and Full
Moon Court within the Bayshore Gateway Triangle Community Redevelopment Agency (CRA);
see Exhibit B (parcel list) and Exhibit C (parcel map).
Size: Each fee-simple parcel varies in size as shown on Exhibit B.
Zoning: Overlay: Bayshore Mixcd-Use District - Residential BMUD - R-3.
Underlying zoning: I parcel single family home (RMF-6); 13 parcels mobile home (MH)
Development Team: CRA seeks interest from qualified developers with residential home
building experience. Experience with public-private development relationships not required. It is
critical that the development team include architectural & engineering expertise.
Development Objectives: Enter into a Developer's Agreement to design and construct
moderately priced housing on CRA-owner property that offers owncrship opportunities to
moderate-income families. The homes to be built may be in the form of single family detached
homes and two-family attached homes.
Property Disposition:
. Sale and/or Ground Lease (until construction is complete) - terms to be negotiated.
. CRA Tax Increment Financing (TlF) incentives negotiable and possible CRA-funded
streetscape improvements may be available to develop these sites.
TimeIine: Developer's proposal must include:
. Site plans (including two floor plans. square footage, landscaping and parking details);
. Two elevations (architectural design and building materials);
. Financing methodology (funding plan and estimated sales price per unit);
· Marketing plan (how propel1y will be marketed to assure occupancy by buyer at
completion);
· Timeline for project (time period which project will be initiated and completed)
o Failure to perform, initiate and complete work within the agreed to time line will
trigger CRA's ability to reclaim the property.
10/1112007 DRAFT
DRAFT
Agenda Item No. 16G2
October 23, 2007
Page 4 of 11
Collier County Community Redevelopment Agency
REQUEST FOR PROPOSAL (RFP) #07-XXXX
SALE AND REDEVELOPMENT OF CRA OWNED PROPERTY
FOR DEVELOPMENT OF MODERATE WORKFORCE HOUSING
INTRODUCTION:
The Bayshore area of the Bayshore Gateway Triangle Community Redevelopment Agency
(CRA), Exhibit A, is emerging as a desirable community for people to live, work and play. Once
known for crime and sordid living conditions, the area has recently experienced a renaissance. In
the last ten years grass roots community groups fought to improve roads, infrastructure, safety
and housing. In 2000, the Collier County Board of Commissioners designated approximately
2000 acres as blighted and created the Community Redevelopment Agency. The Agency's main
purpose is to remove the slum and blight conditions identified in the Findings of Necessity as
outlined in the CRA Redevelopment Plan's goals and strategies.
The CRA collects the property tax differential above the base tax year 1999 Table I - called TlF
or Tax Increment Financing. The CRA budgets the TlF based on annual goals to meet the
objectives and strategies of the CRA Redevelopment Master Plan. In 2007, the CRA purchased
14 residential parcels of property, Exhibit B to facilitate quality growth and redevelopment. The
CRA is excited about the role that the redevclopment of these sites will have on the revitalization
ofthe immediate neighborhood and surrounding Bayshore area.
A TIF DISTRICT OVER TIME
TAXABLE
VALUES
NEW TAXABLE VALUE ~
REDEVELOPMENT
PLAN AND TIF
ESTABLISHED
J
BASE YEAR --./
-3
o
2
5
10
20
YEAR
Table 1 Tax Increment Financing
10/11/2007 DRAFT
2
DRAFT
Agenda Item No, 15G2
October 23. 2007
Page 5 of 11
REQUEST FOR PRPOSALS
OVERVIEW:
The Collier County Community Redevelopment Agency (CRA) is soliciting proposals from
housing developers for the construction of owner-occupied, moderate income single family
housing within the Bayshore Gateway Triangle CRA, just outside the City of Naples, Florida.
The homes to be built on fee simple parcels may be single family detached homes or two-family
attached homes. The CRA will evaluate creative proposals from qualified developers, including
nonprofit developers and the private sector agreeing to develop the property in accordance with
the terms of this Request for Proposal (RFP). Public incentives including Tax Increment
Financing (TlF) incentives, and possible CRA funded streetscape improvements may be
available. All award~ and agreements are cuntingent on/he approval o[the eRA Board.
Project Purpose: The purpose of Bayshore Gateway Triangle Community Redevelopment
Agency's Residential Infill project is to encourage infill housing development in blighted areas
where existing infrastructure provides cost-effective delivery of urban services.
Project Intent: The intent ofthis RFP is to:
. Provide attractive housing consistent with the goals and objectives of the Collier County
Housing Element of the Comprehensive Plan;
· Meet the goals and intent of the CRA Residential Infill Program and Master Plan; and
. Integrate single-family residences in an existing older mobile home zoned neighborhood.
Project Disposition: The RFP extcnds an invitation to qualified developers to submit proposals
for the acquisition and development of publicly-owned parcels. Based on the information
provided in the RFP submittals, the CRA intends to select a limited number of qualified parties
to develop the parcels according to the conditions in the RFP.
The disposition of these properties includes:
· The CRA owns the land and will consider proposals to acquire the property through fee
simple sale or any other appropriate form of conveyance.
· Developers must be prepared to purchase the land from the CRA subject to negotiated terms
between the CRA and the Developer.
· The CRA is also interested in the possibility of a negotiated short-term construction lease if
this serves the interest of the CRA and fUlihers the objectives of this redevelopment project.
· Participation in the program shall require the execution of an agreement between the
Developer and CRA guaranteeing sale of units to pre-qualified individuals and families,
resale restrictions to assure occupancy by buyer and compliance by developer, etc.
. Specific terms and conditions of property disposition will be negotiated with the successful
developer upon selection by the CRA.
Parcels for disposition include (see Exhibits B & C for more detail):
· One (I) parcel zoned residential multi-family (RMF-6) allowing a single-family home;
. Thirteen (13) parcels zoned mobile homes (MH) that have been rezoned through the
Bayshore Mixed Use Development (BMUD) Overlay to allow housing other than mobile
homes.
10/11/2007 DRAFT
3
DRAFT
Agenda Item No, 15G2
October 23. 2007
Page 5 of 11
REQUEST FOR PRPOSALS
SCOPE OF SERVICES
Pursuant to section 163.380, Florida Statutes, the Collier County Community Redevelopment
Agency (CRA) desires to sell certain real property located within the Bayshore Gateway
Triangle Redevelopment Area (Exhibit A) for redevelopment as part ofa residential infill project
in a mobile home neighborhood. The CRA is seeking written proposals for the sale (may include
a short-term land lease) and development of 14 parcels adjacent to Bayshore Drive on Van Buren
A venue, Lunar Street, Harvest Court and Full Moon Court as shown on the site map attached
hereto and incorporated herein, by reference, as Exhibit B.
The CRA is soliciting proposals from housing developers for the construction of owner-
occupied, moderate income single family housing. The homes to be built on fee simple parcels
may be single family detached homes or two-family attached homes. The CRA will evaluate
creative proposals from qualified developers, including nonprofit developers and the private
sector agreeing to develop the property in accordance with the terms of this Request for Proposal
(RFP). Participation in the program shall require the execution of an agreement between the
Developer and CRA guaranteeing resale restrictions to assure occupancy by buyer. Public
incentives including Tax Increment Financing (TIF) incentives, and possible CRA funded
streetscape improvements may be available. All awards and agreements are contingent on the
approval of the eRA Board
Contractor Responsibility and General Submittal Requirements:
I. All buildings must comply with the regulations and design standards of the Mixed Use
Overlay. The Proposer is encouraged to review the regulations.
2. Submittal of house plans (all plans must include a color conceptual elevation drawing):
. Single family detached home: The contractor must provide a minimum of two (2)
floor plans for a three-bedroom/two bath single family home with a minimum air
conditioned square footage of 1100 square feet for 40'X 100' lots and 1300 square
feet for 60'X 100' lots.
. Two-family attached: The contractor must provide a minimum of two (2) floor plans
for a two-bed room-two bath two-family attached home with minimum air conditioned
square footage of 1000 square feet per unit on a minimum lot width of 80 feet.
3. The contractor shall be responsible for the completion of every item necessary for a
homebuyer to move into their home, including coordination of connection of all utilities to
the home. The homes shall be 'Turn Key".
4. The fo llowing amenities are required in every home
. Two full baths
. Central A/C System
. Double kitchen sink
. Mini blinds or better on all windows
. Sod/automated in ground sprinkle system
10/1112007 DRAFT
4
DRAFT
Agenda Item No. 15G2
October 23. 2007
Page 7 of 11
. Trees and exterior planting (provide landscape plan)
· Interior to be knockdown finish and a minimum of medium grade paint
· Minimum one-car garage (with door opener) or covered carport
. Stamped or solid concrete driveway
. Ceramic tile in kitchen and baths
. Roof at builder's option to meet applicable code
· All appliances including washer and dryer of better than minimum standard
(range/oven, dishwasher, garbage disposal, over range microwave, washing machine
and dryer).
8. The contractor shall submit a brief description of how they intend to market the
properties demonstrating an understanding of the local housing market and recent history
of successful marketing and sales.
9. The contractor must be prepared to purchase the land from the CRA subject to negotiated
terms between the CRA and the Developer in the Agreement.
10. The contractor is required to submit the following items with their proposal:
· A statement of contractors experience in single-family detached; two-family attached;
townhouses; multifamily housing development.
. List of standard materials and features
· References including local government officials associated with pnor successful
housing and redevelopment projects.
· Proof that the contractor is licensed in the state of Florida and Collier County.
. Proof of at least five (5) home building permits with corresponding certificates of
occupancy. Failure to submit permit information will not eliminate the proposer from
consideration but could adversely affect scoring of that criterion.
· Proof of I 0 year Buildcrs Risk Warranty Policy
· Proof of adequate line-of:credit or access to funds for construction of multiple units
during the same period.
· The proposal should highlight the elements they believe makes their home superior
and be very specific regarding finishes. doors, windows. cabinets, flooring, etc.
Dcvcloper Selection Process: The following is the format of the select ion process to be
implemented as part of this RFP.
1. Developer submittal of Proposals.
2. Evaluation of submittals by a panel of staff and consultants to generate a short list of
qualified development teams.
3. Additional information sought from "shOli-listed" development teams.
4. Interview and ranking of development teams.
5. The eRA Board will direct staff to negotiate a Developer Agreement with the selected
development teams.
6. No Proposal may be withdrawn until one hundred twenty (120) days after the scheduled
closing time from the date fixed for opening of Proposals.
10/11/2007 DRAFT 5
DRAFT
Agenda Item No, 1682
October 23, 2007
Page 8 of 11
EXHIBIT A
'~ L-~ --
Bayshore Gateway Triangle eRA
Location Map
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Sugden Regional Park
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10/11/2007 DRAFT 6
DRAFT
Agenda Item No, 16G2
October 23.2007
Page 9 of 11
EXHIBIT "B"
PARCEL LIST
FOLIO ADDRESS OVERLA Y ZONING LOT SIZE
1. 53350240004 4032 Full Moon Ct BMUD-R3 Irregular (42 X 100)
2. 53350260000 4048 Full Moon Ct. BMUD-R3 Irregular (42 X 110)
3. 53351680003 3962 Harvest Ct. BMUD-R3 40 X 100
4. 53352240002 3979 Harvest Ct BMUD-R3 61 X 100
5. 53352200000 3991 Harvest Ct BMUD-RJ 40 X 100
6. 53351800003 4000 Harvest Ct BMUD-R3 40 X 100
7. 53352160001 4005 Harvest Ct BMUD-R3 40 X 100
8. 2943032000 I 3252 Lunar St RMF-6 Irregular (61 X 173)
9. 53351480009 3991 New Moon BMUD-R3 40 X 1 00
10.52700840000 No site address BMUD-R3 40 X 100
11. 5270080 I 007 3016 Van Buren BMUD-R3 40 X 100
12. 52700800008 3024 Van Buren BMUD-R3 40 X 100
13.52700760009 3032 Van Buren BMUD-R3 40 X 100
14.52700280000 3148 Van Buren BMUD-R3 40 X 100
10/11/2007 DRAFT
7
DRAFT
Agenda Item No, 16G2
October 23. 2007
Page 100f11
Exibit C
Parcel Map
The aerial below is a c1ose~up of the section of
the Redevelopment Area where the residential
infill parcels. subject of the RFP, are located.
s
Inset Map to the right shows the location of the
Bayshore/Gateway Triangle Redevelopment
Area (white area) in relation Collier County.
I-l
W~E
o
0.025
005
Miles C Parcels for Infill
01
This map made by the Bayshore/Gateway
Triangle Community Redevelopment Agency
October 10, 2007
10111/2007 DRAFT
8
DRAFT
Agenda Item No. 16G2
October 23. 2007
Page 11 of 11
Exibit C
Parcel Map
The aerial below is a close-up of the section of
the Redevelopment Area where the residential
infil! parcels, subject oflhe RFP, are located
s
InselMapto the rightshowslhe location of the
8ayshore/Gateway Triangle Redevelopment
Area (white area) in relation Collier County.
N
w-\r E
o
0.025
0.05
Miles CparcelS for Infill
01
This map made bylhe BayshorefGatevl,"ay
Triangle Community Red8I'elopment,A.gency
October 10,2007
10/1112007 DRAFT
9
Agenda Item No. 16G3
October 23. 2007
Page 1 of 39
EXECUTIVE SUMMARY
Recommendation for the Collier Connty CRA to approve a CRA Resolntion amending the
Bayshore Gateway Triangle Site Improvement Grant Program to modify the matching
fund requirement for recipients and declare the grant program as serving a valid public
purpose.
OBJECTIVE: Recommendation for the Collier County CRA to approve a CRA Resolution
amending the Bayshore Gateway Triangle Site Improvement Grant Program to modify the
matching fund requirement for recipients and declare the grant program as serving a valid public
purpose.
BACKGROUND: Florida Statute 163.370 - "Powers; counties and municipalities, community
redevelopment agencies" - authorizes the CRA to carry out plans for a program of voluntary or
compulsory repair and rehabilitation of buildings or other improvements in accordance with the
community redevelopment plan.
Collier County Ordinance 2002-38 created the Site Improvement Grant for the Bayshore
Gateway Triangle Redevelopment Area. The ordinance provided that the CRA Board may
amend the Site Improvement Grant by Resolution.
CONSIDERATIONS: The CRA Local Advisory Board has monitored the Site Improvement
Grant program for the CRA for five years. A thorough review of the program and its process has
determined that the program should be amended to better serve the community by modifying the
matching fund requirements of the grant. With this amendment, CRA match commitments are
reduced to 33% for homeowners, increased to 33% for residential rental units, and remain the
same (33%) for commercial projects. As such, all categories of projects will be funded with a
maximum of a 33% contribution from the CRA up to a maximum dollar amount of $8,000.
FISCAL IMP ACT: For FY 2008, a total of $3] 0,000 is budgeted for the rehabilitation grant
program. From this allocation, $224,000 is available for new projects. Approximately 80% of
all grant applicants for FY2006 and FY2007 Site Improvement Grants come from residential
owner-occupants. This change will draw greater private-sector matching funds for residential
redevelopment in the community in FY2008.
GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the
Growth Management Plan states that redevclopment plans may be devcloped for specific areas
within the County, including the Bayshore Gateway Triangle CRA, which may consider
modifications to development standards, improvements to infrastructure and incentives to
encourage redevelopmcnt.
RECOMMENDATION: For the Collier County CRA to approve a CRA Resolution amending
the Bayshore Gateway Triangle Site Improvement Grant Program to modify the matching fund
requirement for recipients and declare the grant program as scrving a valid public purpose.
.-
Prepared by: Sue Trone, October 23, 2007
Operations Analyst, Bayshore/Gateway Triangle Community Redevelopment Agency
Page I ot I
Agenda Item No. 16G3
October 23. 2007
Page 2 of 39
COLLIER COUNTY
BOARO OF COUNTY COMMISSIONERS
Meeting Date:
16G3
Recommendation for the Collier County eRA to approve a eRA Resolution amending the
Bayshore Gateway Triangle Site Improvement Grant Program to modify the matching fund
requirement for recipients and declare the grant program as serving a valid public purpose.
101231200790000 AM
Item Number:
Item Summary:
Prepared By
Sue Trone
Operations Analyst
Date
Community Redevelopment
Agency
Bayshore-Gateway Redevelopment
10/11/20071:00:26 PM
Approved By
David Jackson
Executive Director
Date
Community Redevelopment
Agency
Bayshore-Gateway Redevelopment
10/11/20071:36 PM
Approved By
Jean Jourdan
Project Manager
Date
Community Redevelopment
Agency
Bayshore-Gateway Redevelopment
10/11/20071:50 PM
Approved By
OMS Coordinator
Applications Analyst
Date
Administrative Services
Information Technology
10111/20072:50 PM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
10/15/20074:45 PM
Approved By
James V. Mudd
County Manager
Date
Board of COllnty
Commissioners
County Manager's Office
10/16fZ007 9:10 AM
Agenda Item No, 16G3
October 23, 2007
Page 3 of 39
CRA RESOLUTION NO. 07-__
A RESOLUTION OF THE COLLIER COU'-ITY
COMMUNITY RtvtVELOPME:\T AGE'iCY
RELATING TO COMMCNITY REDEVELOPMENT;
HA VING TilE EJ'FECT OF AMENDING AND
RESTATING THE BA YSHORE/GA TEW A Y TRIANGLE
SITE I\1PROVEME'o/T GRANT PROGRAM;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
AN Fl'l'f.CTIVE DA TE,
VlHEREAS, Ordinance No. 2002-.18 was adopted hy the County Commi.ssion on
July 30. 2002, creating a Site lmprovemenl Grant Program for the Bayshore Gatew;)y
Triangle Redevelopment Area; and
\VHEREAS, the Community Redevelopment Agency (eRA) has since modified
the Site Improvement (irant Program for the Bayshorc/Gatc\.\'.ay Triangle Redevelopment
Area to Detter serve the community; and
\VHEREAS. the CR.<\ desires to llSl: a portion of the funds m the Redevelopment
Trust Fund for the Site Improvement Grant Program to allow the use of t3X increment
funding for projects within the redevelopment area: and
WHEREAS. after five years Ihe Sile Impmvullenl Grallt Pmgrarn needs Lo be
modified to improve project funding levels; and
WHEREAS, the effort to alleviate hlight and sllccessfully' redevelop the area must
encomp:1Ss <.dl residents and businesses in the redevelopment area LO succeed.
NOW. THEREFORE. DE IT RESOLVED DY THE COLLIER COlJNTY
COMMUNITY REDEVELOPMENT ACENCY that:
SECTION 1. Tille or the Grunt Proerum. The gram program ..hall be known as the
Sile Improvement Gr~lTH rro~rJ.rn Cor llle Bayshore CJ:'lleway ['riangle Redevelopment Area.
SECTION 2. AJoJllioTl of lllc Site Tnmrovemenl Cnml Progral1L as Amended.
There is hereby established. crcalcJ and adopted. in acconbnce with the provisions of
Collier COllnty OnJillance No. 1001-38. an amended and resto-Hed Site ImpruvclIlCTll Cir:,lnt
process ,llld Grallt Agreement Document Cor the Bayshore/Gateway Triangle
Redevelopment Area. .Htached hereto as Exhibits ^ and B. respectively.
SECTION 3. Administration hv eRA. After tbe Board of County Commissioners
allocates grant rumliIlg for the fiscal year. the eRA shall approve grant recipients. grant
funding and grLlnt paymeTlt upon completion of work.
The eRA dclcgulc,> the
Page I of 2
Agenda Item No. 16G3
October 23, 2007
Page 4 of 39
administration of the grant program to the Executive Director and ilay:-.hore/Gateway
Triangle Local Redevelopment Advisory Board to include. but not be limited 10,
application process and review, recommendation of recipients, monitonng grunt progress,
and recommending grant payment upon completIOn of work. The recipients of any grant
funds shall be required to execute an agreement. Exhibit B, in the form approved by the
County Attorney's Office for legal sufficiency and approved by the eRA.
SECTION 4. Severability. If any section or portion of this Resolution proves to be
invalid or unlawful. or unconstitutional, it shall not be held to invalidate or impair the
validity, force, or effect on uny other section or part of this Re~{)llltion.
SECTION 5. Effective Dale. This Resolution shall become effective immediately
upon passage and adoption. This Resolution adopted after motion, second and majority
vote this 23rd day of Ocloher. 2007.
ATTEST:
DWIGHT E. BROCK
COMMUNITY REDEVELOPMENT AGENCY
OF COLLIER COCNTY. FLORIDA
BY:
BY:
, Deputy Clerk
DONNA FIALA. CIlAIRMAN
Approved as to form
and legal sufficiency
{1t.t,~^" 711. {Jh/tf I <J.L - ~
Marjori . Studenl.-Stlrhng
Assistanl County ALtorney
Page 2 01'2
....'~.....
., ...'~
,<~o,,~:~.:V'
Bayshore/Gateway Triangle eRA
Agenda Item No. 16G3
October 23, 2007
Page 5 of 39
Exhibit A
Site improvement Grants
Application Packet
Table of Contents
I. INTRODUCTION: GENERAL DESCRIPTION OF THE PROGRAM................I
I-I The Site Improvement Grant Program: Ho",'" It Works................................................................................i
].]-t Applicant Eligibility for Site Improvement Grants ........... ................................. .......................................i
1-1-2 Determining Dollar-Match Requirements of Recipients.............. ............... ...............................................i
1-1-3 Project Guidelines........ .................... ................. ..................... ................ .............................................ii
1-1-4 Steps in the Application Process .......................... ................... .................................................. iv
1. THE SITE IMPROVEMENT GRANT APPLICATION .......................................1
I-I A pplicant In form ation........................................ .................... ....................................................................... I
] -2 Proj ect I n formation ............................................ ............................................................................................ 2
1-3 Project Points........................................................................................ ......................................................... 3
1-4 Verification of Resources to Undertake Project............................................................................................ 4
] -5 Project Costs ................ ........................ .................................................................. .......... .............................. 5
2. COMMERCIAL OWNER AUTHORIZATION .................................................... 6
3. PROJECT SUMMARY REPORT...........................................................................7
3-1 Site Condition Report.................................................................................................................................... 7
3-2 Payment Request (Project Costs) .................................................................................................................. 8
4. THE SITE IMPROVEMENT GRANT AGREEMENT BETWEEN CRA AND
OWNER ......................................................................................................................... 1
Exhibit A
Agenda Item No, 16G3
October 23. 2007
Page 6 of 39
~
.~
Information Packet: About Site Improvement Grants
Please read completelv before filling out form
I. INTRODUCTION: GENERAL DESCRIPTION OF THE PROGRAM
1-1 The Site Improvement Grant Program: How It Works
The Collier County Community Redevelopment Agency (CRA) was created in 2000 with the
mission to stimulate private investment and alleviate blight in the Bayshore/Gateway Triangle
Redevelopment Area. This work is funded through Tax Increment Financing (TlF). T1F is a
unique tool that CRAs can use to leverage public funds and to promote private sector activity and
remove blight for the ultimate cause of community redevelopment.
In keeping with the agency's mission, the Site Improvement Grant Program is available to assist
property owners, residents and business operators in the Bayshore/Gateway Triangle
Redevelopment Area with site improvements to their properties. Site improvements must be
exterior improvements to the structure or surrounding site. All improvements must meet the
criteria as outlined here as well as the current requirements of the land development code,
building code, construction inspections and permits, and any applicable zoning overlays.
Improvements that remedy existing code enforcement problems qualify if combined with other
site improvements.
1-1-1 Applicant Eligibility for Site Improvement Grants
Owners of residential and commercial property within the Community Redevelopment Area may
be eligible to receive a Site Improvement Grant. Grants for residences are limited to single-
family and duplex structures and the surrounding site. All commercial properties may qualifY
for grant funds. Applicants may apply for grants throughout the fiscal year; however, the
following are limitations to award eligibility:
1. Applicants may apply for a grant once a year.
2. Once an applicant receives a total of $8,000 in Site Improvement Grants, that applicant is
ineligible for additional CRA-backed grants (except for the Shoreline Stabilization Grant)
for three years.
3. Applications for Commercial Site Improvement Grants must complete three Board-
approved improvements; applications for Residential Site Improvement Grants must
complete at least two Board-approved improvements.
Eligibility for grant funds is ultimately determined after giving consideration to the
improvements to be made as well as other guidelines as noted below.
1-1-2 Determining Dollar-Match Requirements of Recipients
Site Improvement Grants require matching funds from applicants whereby the CRA will pay up
to 33% of the cost of improvements. Owner-occupants of single- family residences may apply
for other state or federal funds and credit these funds toward their matching-dollar requirement
and the eRA will take the funding cycles of those other sources into consideration when
disbursing funds. For residential rental properties and commercial properties, grant recipients
Introduction to Site ImprOV0i.18nt Grants
revised 1 Qi1 'i /2Q07
Exhibit A
Agenda Item No. 16G3
October 23, 2007
Page 7 of 39
~
Information Packet: About Site Improvement Grants
PIs2se read como!etely before fil!inq out form
pay for all work up front; grant funds are disbursed after work completion to applicant as
reimbursement.
1-1-3 Project Guidelines
Work for site improvements may be performed by the applicant or by an actively licensed
contractor. In the case when an applicant performs the work without assistance from a
contractor, grant funds will only be permitted for the cost of materials (note: applicant will still
be responsible for obtaining permits when required by Collier County). Two official price
quotes for these materials must accompany the attached application. In the case when an
applicant hires a contractor to perform the work, estimates from two different contractors must
be obtained for each project.
All work must be pre-approved by the CRA Advisory Board, the CRA, and any applicable
county departments that would normally review such improvements. Grant funding is not
retroactive. All work must be completed within one year of approval by CRA. Applicants must
meet with CRA staifto discuss their application - appointments can be arranged by calling (239)
775-4456.
Improvements that Qualify for Grant Funds
The improvements listed below may qualifY for grant funds:
. Storm water drainage improvements;
. Installation of or repair of driveway culverts;
. Removal of or repair to false fayades, awnings, canopies, porches, signs or old
entryways;
. Replacement or repair to porches, awnings, canopies, and carports;
. Installation of or repair to hurricane shutters;
. Repair to residential driveways (only to replace existing dirt or gravel driveways - not to
replace concrete with pavers unless the existing condition is judged by CRA to be
extremely deteriorated);
. Installation of or repair to fencing (chain link not approved);
. Painting (all colors must be approved);
. Window or door replacements or repairs to hurricane standards;
. Repointing of mortar joints for brick or stone fronts;
. Exterior woodwork repair, replacement or new installation;
. Stucco work or new siding (stucco, vinyl or hardiboard);
. New or replacement roofing, rain gutter systcm and soffit work;
. Removal oftrees (for improved residential and commercial lots only);
. Removal of exotic vegetation (for improved residential and commercial lots only);
. Demolition of structures (provided new structure is built within 12 months);
. Landscaping with native species (see plant list) or installation, repair, or replacement of
irrigation system;
Introduction to Shoe Im~rovement G: rar:ts ii
;2V!~:2'd :-:lil :/2807
Exhibit A
Agenda Item No. 16G3
October 23. 2007
Page 8 of 39
~~
~
Information Packet: About Site Improvement Grants
Piease read completely before filllng out form
. Other projects may be approved subject to approval by the CRA.
Examples of Improvements thai DO NOT Qualify for Grant Funds
. Working capital or administrative costs (payroll, rent, utilities, etc.);
. Landscaping with grasses or non-native plant species (see plant list);
. Sweat equity: time/labor of applicant or family (see CRA staff about the Sweat Equity
Grant);
. New residential or commercial construction;
. Residential or commercial additions/expansions of existing buildings or on site;
. Residential rental property - apartments or buildings with more than two units;
. Interior renovations;
. Seawalls or waterfront improvements (see CRA staff about Shoreline Stabilization
Grant);
. Demolition only;
. Payment toward loans or other capital support;
. Work that will extend beyond one year of approval by CRA; and
. Work completed prior to approval of site improvement grant.
T bl 2 P' V I
~ P
Er 'bl ~
h S' I
G
a e omt a ues or ro, eets I!!I e or t e Ite mnrovement rant
Projects Point Value
Roof reoairs 15
Removal of or repair to porches, awninas, canooies, or carport::: 5
Installation of or repair to hurricane shutters 5
Window or door uporade to hurricane standards 5
Exterior woodwork reoair, reolacement or new installation 5
Stucco work or renlacement sidina 5
New or reolacement roofina, rain outter system and soffit work 5
Paintina 3
Storm water drainaoe imorovements 3
First-time apnlicant 2
Drivewav reDair (drivewav must show sians of damaae) 1
Installation 01 or repair to driveway culverts 1
Construction 01 or repair to lencinq (chainlink nrohibitedl 1
Removal of trees for health, safety and welfare benefits (improved residential lots onlv) 1
Removal 01 exotic veqetation (for imnroved residential iots onlv) 1
Demolition of structures for health, safetv and welfare 1
Other projects approved by the CRA 1 per projec
lntroducb:m to Sirs Improvem'3ilt Grants
~ i j
revised 10/11 /2CJi17
Exh ibit A
Agenda Item No. 16G3
October 23, 2007
Page 9 of 39
~.."".~.'-'
" ">~
. . ,'-,'
. .:"'V
:......,.,;-..'..
Information Packet: About Site Improvement Grants
Ple?se read comPletely before filling out form
1-1-4 Steps in the Application Process
Step 1: Applicant meets with staff.
Applicant meets with staff. Call (239) 775-4456 for an appointment.
Step 2: Applicant submits COMPLETED flrant application and aflreement to CRA staff.
Grant applications are eonsidered INCOMPLETE until all of the following forms are completely
filled out with supporting documents:
. The Grant Application (immediately following this section of the booklet).
. Verification of resources to undertake project (page 4 of application form ).
. 8 x 10 photos for every part of property to be improved by projects to be funded by the Site
Improvement Grant (these may be printed from a computer if the photos are digital).
. Two written estimates/quotes for each project.
. IF APPLICANT IS DOING THE PROJECT HIM/HERSELF, two price quotes for all
materials to be purchased and reimbursed by Site Improvement Grant funds must be
submitted on letterhead or some similar form of official documentation from each
supplier.
. IF APPLICANT IS HA VING THE WORK DONE BY CONTRACTORS, two price
quotes/estimates must be provided for each project to be funded by Site Improvement
Grant funds. IMPORT ANT: Applieant is responsible for ensuring that eontraetor(s)
are aetively Iieensed by Collier County (Site Improvement Grant funds for work
performed by contractors will only be disbursed if contractors can verifY that they are
actively licensed by Collier County.). To ensure your contractor is actively licensed
check here: hi In:,','unns2.coll icr~()' .nel \\ chunns;,;s;oIlC O!1CCruJcruull.asnx. NOTE:
some contractors are licensed under many names; confirm with each contractor the name
under which they are licensed prior to searching for their license information.
. FOR COMMERCIAL TENANT APPLICANTS: Commercial Owner Authorization form
(page 6 of application). THIS FORM REQUIRES NOTARIZATION.
. Project Initiation and Completion Form.
Step 3: Once CRA slaff determine the application is complete. upplicanl must submit the Site
Improvemenl Grant Aflreemenl,
The agreement is found in Section 2 of this booklet. The agreement must be read and signed by
applicant and will accompany the application 1'01' review by the CRA Advisory Board and the
CRA.
Slep 4: CRA -<taff and AdviSOr}' Board review flranl application and supportinfl documents,
CRA staff review application and calculate points to be awarded to project based on the Point
Evaluation System detailed above. QualifYing applications are then brought to
Bayshore/Gateway Local Redevelopment Advisory Board of Collier County (Advisory Board)
for its recommendation for approval or rejection to the CRA. Advisory Board reviews project to
ensure it meets all grant criteria and Redevelopment Plan criteria. Applicant is required to be
present at the Advisory Board meeting to answer any questions that may arise during the review
Introduction to E,:'..;;' imrr:-'\fement G:-~nts
iv
r-e,,':s,'G ',GI: ','2007
Exhibit A
Agenda Item No. 16G3
October 23, 2007
Page 10 of 39
Information Packet: About Site Improvement Grants
Please read completelv before filling out form
or to provide additional material if requested. If project meets all criteria, the Advisory Board
makes a recommendation to CRA to approve the application.
Step 5: CRA reviews and makes determination on I!rant,
CRA staff prepare Site Improvement Grant Agreement for the CRA to review. Application with
Advisory Board reeommendations and Site Improvement Grant Agreement are placed on eRA
agenda for review. CRA reviews Advisory Board recommendation and Site Improvement Grant
Agreement during regular meeting and approves or denies funding.
Slep 6: Permittinl! and Site Plan Improvemenl process proceeds,
If CRA approves project, applicant obtains all necessary permits and/or submits county site
improvement plan to Community Development & Environmental Services Division. Proof that
all necessary permits were obtained will be required for payment of the Site Improvement Grant.
Step 7: Proiect work is performed.
Applicant applies for and receives permits, then begins work.
Slep 8: Upon proiect complelion applicant submits Proiect Summarv Report,
Upon completion of work, the project is inspected to ensure 1) that work performed complies
with codes and regulations and 2) that the work proposed and approved for funding was
completed per the initial application specifications. Applicant submits the following:
. Project Summary Report (found after Application Form in this packet), including description
of completed improvements;
. Two 8X I 0 color "after" photos per project;
. Contractor invoices;
. Verification that all necessary permits were obtained prior to work;
. Cancelled checks or receipts as proof that all materials and contracted improvements have
been paid;
. List of materials and construction techniques used;
. List of architects and/or contractors and any additional infom1ation specific to the project;
. Notarized "Payment Request Form".
Slep 9: CRA Slaff Submits Proiecl Completion Report for Pavmenl
CRA staff visits site and documents improvements. CRA staffforwards Completion Report and
documents to County Finance Department for payment.
Introduction to Site improvement Grants
V
revised 10/11/2007
Exhibit A
Agenda Item No. 16G3
October 23,2007
Page 11 of39
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PROJECT SUMMARY REPORT
Verify exoenses to be reimbursed bv Site Imorovement G~2nt AFTER Prolect CDmoleli8n
1. THE SITE IMPROVEMENT GRANT APPLICA nON
1-1 AppIieant Information
1. Owner Name:
2. Owner Address:
3. Site Address (if different from owner address):
4. Folio Number and Legal Description of Site:
5. Daytime Phone with area code:
6. Alternate Phone with area code:
7. E-mail Address:
8. If you own this property, how long have you o'Nned it?
REQUIRED ATTACHEMENTS TO THIS PAGE FOR ALL APPLICANTS:
I. Property Appraiser's Identification Record. *
2. Aerial photograph of all parcels included in the grant.*
* These can be obtained from the Property Appraiser's \vebsite at httn:/!\\"'\.rullit'nworaiscr.rom/.
9. If you lease this property, how long is lease term? (attach copy of lease)
10. Is this your first time to apply for a Site Improvement Grant~ Yes D No D
1 I. If you have been awarded a Site Improvement Grant in the past, please list the date(s) and
award amounts for each grant you have received. Attach a separate page if necessary.
Commercial Applieants only please lInswer items 13-18
12. Tenant Name (Commercial Only):
13. Tenant Daytime Phone:
14. Tenant Alternate Phone:
15. Number of Years in Business at Site Address:
16. Occupational License Number:
17. Other Tenant Names, ifany:
S::e lmprc\'e:Cjsnt Grant p"p~di::ation - Attachment
,"'<.':['(1 :<n~r".
1
revised" 0,'11'2007
Agenda Item No. 16G3
October 23, 2007
Page 12 of 39
Exhibit A
~
PROJECT SUMMARY REPORT
Verify expenses to be reimbursed by Site Improvement Grant AFTER PrcJlect Como1etlon
1-2 Projeet Information
I. Please describe the existing condition of each project for which you would like funding from
a Site Improvement Grant (attach additional sheets if necessary). Attach two "Before" photos (8XIO
color) to this page for each improvement you want to make.
2. Outline proposed improvements in detail. Include one of the following for each project: A)
itemized work estimates from actively licensed contractors for work to be done by contractors or
B) material descriptions for work you intend to do yourself on supplier letterhead.
3. List Materials to be used and construction methods to be utilized (i.e. red bricks will be
installed with traditional masonry methods, awnings will be hung, etc.) (attach additional sheets
if necessary). Attach drawings or ~iketch of improvements to th;!)' page. Attach color samples for each
improvement to tltis page.
REQUIRED A TTACHEMENTS TO THIS PAGE FOR ALL APPLICANTS:
1. Two 8x 1 0 color photos of each project for the Site Improvement Grant.
2. Ifwork is being done bv contractors, TWO ESTIMATES trom ACTIVELY LICENSED CONTRACTORS
WITH COLLIER COUNTY must be included for each job. Additionally, you must provide license infonnation for
each contractor (information available at htto:l/aops2.colliergov.net/webaops/vision/ConCert/default.asox -- call
contractor to verify the name under which the license is registered!). lfwork is beim! done by yourself, provide two
official price quotes for parts (grant funds do not coyer applicant's labor).
Site Improvement G,:rant p.,p;:;ji::;:;::on - itt:.achtTrsr.t
i"C:.,.,:.:c:,,,,.mr,lary
2
revised 1 0/11 ;'2007
Exhibit A
Agenda Item No. 16G3
October 23, 2007
Page 13 of 39
.
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PROJECT SUMMARY REPORT
Venfv eXDE.:nSeS to be I'simbursed bV Site Improvement Gr::;mt AFTER Prolect C::)mp!etlon
1-3 Projeet Points
Directions: In the column labeled "Work Included in Current Application", please indicate work
to be done as proposed in this application with a check mark (,f).
Poinu
Projects Work Included in CRA OFFICE
Current Application
USE ONLY
Removal of or repair to porches, awninos, canopies, or caroorts
Installation of or repair to hurricane shutters
Window or door uporade to hurricane standards
Exterior woodwork repair, renlacement or new installation
Stucco work or replacement sidinn
New or replacement roofina, rain Dutter system and soffit work
Paintinq
Storm water drainaQe imorovements
First-time applicant
Driveway repair (drivewav must show Slans of damaae\
Installation of or repair to driveway culverts
Constructian of or repair to fendna (chalnllnk arohibited)
Removal of trees for health, safety and welfare benefits (improved residential
lots onlv)
Removal of exotic veqetation (for improved residential lots only)
Demolition of structures for health, safety and welfare
Other proiects appraved by CRA
TOTAL
For office nse only:
Total nl.llTIb(:1' ofp9ints for this application is
r!:';j~: " "
$ .<,:~:;'",
Si nature of eRA staff
Date
Sii'2 ~mprovgment Grant Ap::JJi:;cr:on -- .t-,t~:;:'c~';ment
3
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Agenda Item No. 16G3
October 23,2007
Page 14 of 39
Exh ibit A
PROJECT SUMMARY REPORT
Verifv eXDenses to be reImbursed bv Site Improvement Grant AFTER Pmiect Completion
1-4 Verifieation of Resources to Undertake Projeet
I, , owner/tenant of the property located at
, have the funding and capability necessary to begin the
site improvements listed under Section I -2 (page 2 of application) of the completed site
improvement grant application and have the ability to complete all improvements within one
year of the approval of the site improvement grant by the Collier County Community
Redevelopment Agency.
Signature of Owner/Tenant (Commercial only)
Date
Signature of Owner/Tenant (Commercial only)
(if jointly owned or leased)
Date
Signature of Owner/Tenant (Commercial only)
(if jointly owned or leased)
Date
CRA Staff
Date
Site Improvement Grant Ap;:>iication - Attachment
PrC'jecl$umr,lary
4
revised 10/1.1/2007
Exhibit A
Agenda Item No. 16G3
October 23. 2007
Page 15 of 39
.
"-~"':&.."
PROJECT SUMMARY REPORT
Verrfy expenses to be reimbursed by Site Improvement G~:Olnt AFTER Pr01ec;t ConlDletion
1-5 Project Costs
Estimated Project Cost: $
ALL WORK TO BE COMPLETED BY A CONTRACTOR MUST HAVE AT LEAST
TWO (2) WRITTEN ESTIMATES OR QUOTES ATTACHED TO THE APPLICATION,
Estimated amount requested from CRA $
NOTE: Copies of all receipts and/or cancelled checks will required upon proiect completion as
proof that all materials and contracted improvements have been paid. No reimbursement will be
made bv the CRA until all receipts and/or cancelled checks have been received and verified.
FOR eRA USE ONLY
Total Estimated Project Cost:
Request from CRA:
Pereentage of Total:
Owner Signature
Date
Owner Signature
Date
CRA Staff
Date
Site ~mprovement Grant Ar>pHcation - Attachment
;:"~(nl'2~ :'.'l;nlr-.12ry
5
'-0viseCi 10/1-1/2007
Agenda Item No. 16G3
October 23, 2007
Page 16 of 39
Exhibit A
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PROJECT SUMMARY REPORT
Verify expenses to be reimbursed bv Site Improvement Grant AFTER Prolect Completion
2. COMMERCIAL OWNER AUTHORIZATION
IfAf'pliClIfIT is (/ COlvlJfERCI1L FE.'\' 1/\Tyotl filtH! mhmit thi\' f1'itJl 5;/1(' Impt01'emr-'1/I (,mill -11/jJlii'alion
ALL OTHERS PROCEED TO NEXT PAGE
I, ' owner of the property located at
, understand that
, who has a valid lease for the
above listed property for two years beyond this date, and authorize said tenant to complete the
site improvements listed under Section 1-2 ofthe completed site improvement grant application
and to request matching funds from the Collier County Community Redevelopment Agency.
Signature of Owner
Date
Signature of Owner
(if jointly owned)
Date
Signature of Owner
(if jointly owned)
Date
STATE OF:
COUNTY OF:
The foregoing Owner Authorization Form was executed before me this day of
,200_ by ,owner of the property located
at
_ is personally known by me
OR
_ who has produced
who:
as proof of identity.
Affix notarial seal
Notary Public (Signature)
Print Name of Notary Public
Commission No:
My Commission expires:
Site Improvement Grant Application - Attachment
,:)ject5,unw18ry
6
revised 10/11/2007
Exhibit A
Agenda Item No. 1683
October 23, 2007
Page 17 of 39
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PROJECT SUMMARY REPORT
Verify eXCE-;nses to be reimbursed bv Site Improvement Grant AFTER Dialect COnloletion
3. PROJECT SUMMARY REPORT
Submit after project completion
3- I Site Condition Report
I. List materials and construction methods used, especially if unique methods were necessary to
preserve or enhance some aspects of the improved site (attach additional sheets if necessary):
2. List names and contact information for architects and contractors involved to provide proper
credit.
3. Describe site conditions in areas where site improvements were made.
4. Provide any other important information specific to the project. All projects will be listed in
the annual project report of the CRA so details and noteworthy information about the project is
very critical.
Owner Signature
Date
Owner Signature
Date
REQUIRED A TT ACHEMENTS TO THIS PAGE FOR ALL APPLICANTS:
Attach "After" photos to this page of the application (include at least two 8X I 0 color photos, others may be added to
accurately describe the site improvements).
S:tE: tr7'ipr;:>vement G,ant t:.::pli::;;.;~'on - .L,t;::;:::hr":-:;~;t
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Agenda Item No. 1683
October 23.2007
Page 18 of 39
Exhibit A
.
,~..~v
PROJECT SUMMARY REPORT
Veflfv exoenses to be reimbursed by Site Improvement Grant AFTER Proiect Completion
3-2 Payment Reqnest (Projeet Costs)
(attach all receipts, invoices and/or cancelled checks)
On , the Collier County Community Redevelopment
Agency approved funding in the amount of$ to cover a portion of the costs listed
below through the Site Improvement Grant program:
Improvement
Cost
Total
I hereby confirm that all items listed above have been completed as per the Site Improvement
Grant application submitted to the CRA and authorized by the CRA. Therefore, I am requesting
the approved funding in the total amount of $ as approved by the CRA.
The foregoing Payment Request Form was executed before me this
,200_ by
day of
, owner of the property located
at
_ is personally known by me
OR
_ who has produced
Affix notarial seal
, who:
as proof of ident ity.
Notary Public (Signature)
Print Name of Notary Public
Commission No:
My Commission expires:
Site lmpr:wement Grant Applicanon - Attach.nent
f' ~c. ."~Gt C' LJ;;~r.,ilCY
8
revised 10/11/2007
Exhibit B
Agenda Item No. 16G3
October 23, 2007
Page 19 of 39
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SITE IMPROVEMENT GRANT AGREEMENT
AI)plicant is to sl~n and hand In after eRA staff find 3or:.i1lcatlon IS corrmlete
4. THE SITE IMPROVEMENT GRANT AGREEMENT BETWEEN eRA
AND OWNER
This agreement is to be signed and witneued AFTER eRA staff have found the Application to be complete.
THIS AGREEMENT ENTERED this _ day of , _ by and
between the Collier County Community Redevelopment Agency (hereinafter referred to as
"CRA") and (hereinafter referred to as "Owner").
WIT N E SSE T H:
WHEREAS, in Collier County Ordinance No. 2002-38, the Board of County
Commissioners delegated authority to the CRA to award and administer CRA grants including
contracts with owners for CRA grants; and
WHEREAS, Owner has applied for a site improvement grant in the amount of
dollars; and
WHEREAS, the CRA has determined that Owner meets the eligibility requirements and
was approved for a grant award in the amount of dollars on , ("CRA
Approval"), which is % 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:
1. Ovmer acknowledges to the CRA that Owner has received a copy of the Collier
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 understands and agrees to abide by all 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 prope11y described as
3. Owner has agreed to make certain improvements to the property pursuant to the
grant application submitted to the CRA dated attached hereto as Exhibit A and
incorporated herein by reference.
4. Ovmer agrees to complete the construction of the Site Improvements within one (1) year
ofCRA Approva1. Owner also agrees to fund at least _% of the costs of the Site
Site Improvement Grant - Ag:-eement
1
""ViSEU '10/11/2007
Agenda Item No. 16G3
October 23, 2007
Page 20 of 39
Exhibit B
~
~
SITE IMPROVEMENT GRANT AGREEMENT
Appli=:ant is to si9n and hand in after eRA staff find application is complete
I mprovements. Owner is prohibited from paying contractors and/or vendors with cash; all
payments for approved projects must be in the form of a personal check, cashier's check, money
order or credit card.
5. CRA has approved a grant to Owner in the amount of$ to be
administered pursuant to the terms of this Agreement based on an estimated cost of $
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 mother-in-law, father-in-law, brother-in-law and sister-in-law. Owner has
verified that all contractors who have provided bids for the approved work are actively licensed
by Collier County and owner agrees that all labor will be performed only by the lowest bidding
contractor.
7. Owner agrees to obtain all necessary permits and submit any required plans to the
County's Community Development and Environmental Services Division. 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 CRA staff. The CRA,
through its staff, shall confirm that the Site Improvcments 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 the grant. However, if Owner fails to make the improvements pursuant to the
terms of the approved application, or if the project is not completed within one (1) year ofCRA
approval, or if Owner fails to fund at least _% 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 written.
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.
Site Improvement Grant - t\greer.-!ent
2
revised 10/11/2007
Exhibit B
Agenda Item No. 1683
October 23, 2007
Page 21 of 39
...l~
~
SITE IMPROVEMENT GRANT AGREEMENT
Applica:lt IS tc' sign and hand in after CRA staff fl;Jd application IS cDmplete
11. 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.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year
first written above.
OWNER:
(I)
Witness Signature
By:
Printed/Typed Name
PrintedfTyped Name
(2)
Witness Signature
By:
Printed/Typed Name
Printed/Typed Name
ATTEST:
DWIGHT E. BROCK, Clerk
COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY
By:
DONNA FIALA, Chairman
, Deputy Clerk
Approved as to form and
legal sufficiency:
Marjorie Student-Stirling
Assistant County Attorney
Site impr::nrement G:'2.nt - Agreeme:'jt
3
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Agenda Item No. 16G3
October 23, 2007
Page 22 of 39
BACK UP DOCUMENT - CHANGES IN HIGHLIGHT
Site Improvement Grants
Application Packet
Bayshore/Gateway Triangle CRA
Table of Contents
I. INTRODUCTION: GENERAL DESCRIPTION OF THE PROGRAM................I
1-1 The Site Improvement Grant Program: How It Works................................................................................i
l-t-1 Applicant Eligibility for Site Improvement Grants .....................................................................................i
1-1-2 Determining Dollar-Match Requirements of Recipients.................. .................................... ............ ............ i
1-1-3 Project Guidelines ................ ............... ................... .................... ............................. ..... ............................ ii
1-1-4 Steps in the Application Process .............................................................................................................. iv
1. THE SITE IMPROVEMENT GRANT APPLICATION .......................................1
1- t Applicant 1 nformation...................................................................................................................,.............., 1
1-2 Project Information ........................................................................................................................................ 2
1-3 Project Points................................................................................................................................................. 3
1-4 Verification of Resources to U ndertake Project............................................................................................4
1-5 Proj ect Costs ...............................................................................................................................................,.. 5
2, COMMERCIAL OWNER AUTHORIZATION ..............................,.....,...............6
3. PROJECT SUMMARY REPORT......".,...,......".........,...........,....,...........,....,......." 7
3-1 Site Condition Report........................................,........................................................................................... 7
3-2 Payment Request (Project Costs) .................................................................................................................. 8
4. THE SITE IMPROVEMENT GRANT AGREEMENT BETWEEN CRA AND
OWNER ............,.,.."",...""........"......."",.....,.....,........"..........,........",.....................,.." 1
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Agenda Item No. 16G3
October 23, 2007
6!>,CK UP DOCUMENT - CHANGES IN HIGHLIGHT Page 23 of 39
Information Packet: About Site Improvement Grants
Please read completely before filling out form
I. INTRODUCTION: GENERAL DESCRIPTION OF THE PROGRAM
I-I The Site Improvement Grant Program: How It Works
The Collier County Community Redevelopment Agency (CRA) was created in 2000 with the
mission to stimulate private investment and alleviate blight in the Bayshore/Gateway Triangle
Redevelopment Area. This work is funded through Tax Increment Financing (TlF). TlF is a
unique tool that CRAs can use to leverage public funds and to promote private sector activity and
remove blight for the ultimate cause of community redevelopment.
In keeping with the agency's mission, the Site Improvement Grant Program is available to assist
property owners, residents and business operators in the Bayshore/Gateway Triangle
Redevelopment Area with site improvements to their properties. Site improvements must be
exterior improvements to the structure or surrounding site. All improvements must meet the
criteria as outlined here as well as the current requirements of the land development code,
building code, construction inspections and permits, and any applicable zoning overlays.
I mprovements that remedy existing code enforcement problems qualifY if combined with other
site improvements.
1-1-1 Applicant Eligibility for Sile 1 mprovement Grants
Owners of residential and commercial property within the Community Redevelopment Area may
be eligible to receive a Site Improvement Grant. Grants for residences are limited to single-
family and duplex structures and the surrounding site. All commercial properties may qualifY
for grant funds. Applicants may apply for grants throughout the fiscal year; however, the
following are limitations to award eligibility:
I. Applicants may apply for a grant once a year.
2. Once an applicant receives a total of $8.000 in Site Improvement Grants, that applicant is
ineligible for additional CRA-backed grants (except for the Shoreline Stabilization Grant)
for three years.
3. Applications for Commercial Site Improvement Grants must complete three Board-
approved improvements; applications for Residential Site Improvement Grants must
complete at least two Board-approved improvements.
Eligibility for grant funds is ultimately determined after giving consideration to the
improvements to be made as well as other guidelines as noted below.
1-1-2 Delermining Dollar-Male" Requirements of Recipienls
Site Improvement Grants require matching funds from applicants whereby the CRA will pay up
to 33% of the cost of improvements. Owner-occupants of single-family residences may apply
for other state or federal funds and credit these funds toward their matching-dollar requirement
and the CRA will take the funding cycles of those other sources into consideration when
disbursing funds. For residential rental properties and commercial properties, grant recipients
in~:'"cch.l;::';:ror< to SrYG tr:,,;;:~O\"S;"'(::-:: :~-~:T_'2
fcviseo 10/11 !2007
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Agenda item No. 16G3
October 23. 2007
BACK UP DOCUMENT - CHANGES IN HIGHLIGHT Page 24 of 39
Information Packet: About Site Improvement Grants
Please read comp!etely before filiing out form
pay for all work up front; grant funds are disbursed after work completion to applicant as
reimbursement.
1-1-3 Project Guidelines
Work for site improvements may be performed by the applicant or by an actively licensed
contractor. In the case when an applicant performs the work without assistance from a
contractor, grant funds will only be permitted for the cost of materials (note: applicant will still
be responsible for obtaining permits when required by Collier County). Two official price
quotes for these materials must accompany the attached application. In the case when an
applicant hires a contractor to perform the work, estimates from two different contractors must
be obtained for each project.
All work must be pre-approved by the CRA Advisory Board, the CRA, and any applicable
county departments that would normally review such improvements. Grant funding is not
retroactive. All work must be completed within one year of approval by CRA. Applicants must
meet with CRA staff to discuss their application - appointments can be arranged by calling (239)
775-4456.
Improvements that Qualify for Grant Funds
The improvements listed below may qualify for grant funds:
.
Storm water drainage improvements;
Installation of or repair of driveway culverts;
Removal of or repair to false fayades, awnings, canopies, porches, signs or old
entryways;
Replacement or repair to porches, awnings, canopies, and carports;
Installation of or repair to hurricane shutters;
Repair to residential driveways (only to replace existing dirt or gravel driveways - not to
replace concrete with pavers unless the existing condition is judged by CRA to be
extremely deteriorated);
Installation of or repair to fencing (ehain link not approved);
Painting (all colors must be approved);
Window or door replacements or repairs to hurricane standards;
Repointing of mortar joints for brick or stone fronts;
Exterior woodwork repair, replacement or new installation;
Stucco work or new siding (stucco, vinyl or hardiboard);
New or replacement roofing, rain gutter system and soffit work;
Removal oftrees (for improved residential and commercial lots only);
Removal of exotic vegetation (for improved residential and commercial lots only);
Demolition of structures (provided new structure is built within 12 months);
Landscaping with native species (see plant list) or installation, repair, or replacement of
irrigation system;
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
ii
revised 10111/2007
Introduction to Site Improvement Grants
........;;;..
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Agenda Item No. 1583
October 23. 2007
BACK UP DOCUMENT - CHANGES IN HIGHLIGHT Page 25 of 39
Information Packet: About Site Improvement Grants
Please I"sad comp!etely before filiinq out form
. Other projects may be approved subject to approval by the CRA.
Examples of Improvements that DO NOT Qualify for Grant Funds
. Working capital or administratjve costs (payroll, rent, utilities, etc.);
. Landscaping with grasses or non-native plant species (see plant list);
. Sweat equity: time/labor of applicant or family (see CRA staff about the Sweat Equity
Grant);
. New residential or commercial construction;
. Residential or commercial additions/expansions of existing buildings or on site;
. Residential rental property - apartments or buildings with more than two units;
. Interior renovations;
. Seawalls or waterfront improvements (see CRA staff about Shoreline Stabilization
Grant) ;
. Demolition only;
. Payment toward loans or other capital support;
. Work that will extend beyond one year of approval by CRA; and
. Work completed prior to approval of site improvement grant.
Table 2. Point Values for Proieets EIi!?:ible for the Site Improvement Grant
Projects Point Value
Roof reDairs 15
Removal of or repair to porches, awninas, canooies, or caroort~ 5
Installation of or repair to hurricane shutters 5
Window or door upgrade to hurricane standards 5
Exterior woodwork repair, renlacement or new installation 5
Stucco work or replacement sidinn 5
New or reDlacement roofinq, rain qutler svstem and soffit work 5
Paintinq 3
Storm water drainage imorovements 3
First-time aDDlicant 2
Drivewav reDair (drivewav must show slqns of damaqe) 1
Installation of or repair to driveway culverts 1
Construction of or reDair to fencino Ichainlink Drohibited) 1
Removal of trees for health, safety and welfare benefits (improved residentlallots onlv) 1
Removal of exotic veoetation (for imDroved residential lots on Iv) 1
Demolition of structures for health, safety and welfare 1
Other projects approved by the CRA 1 per projec
,ntrodl'Ction to SLs jm~Jr;:.\"'er:'-',,:,n Gr"nrs
iii
'-~,'h'.ec! 10/11/2007
Agenda Item No. 16G3
October 23, 2007
BACK UP DOCUMENT - CHANGES IN HIGHliGHT Page 26 of 39
~."".'.'--
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Information Packet: About Site Improvement Grants
Please read completely before fiilinq out form
1-1-4 Steps in the Application Process
Step 1: Applicant meets with staff.
Applicant meets with staff. Call (239) 775-4456 for an appointment.
Step 2: Applicant submits COMPLETED I!rant application and al!reement to CRA staff.
Grant applications are considered INCOMPLETE until all of the following forms are completely
filled out with supporting documents:
. The Grant Application (immediately following this section of the booklet).
. Verification of resources to undertake project (page 4 of application form ).
. 8 x 10 photos for every part of property to be improved by projects to be funded by the Site
Improvement Grant (these may be printed from a computer ifthe photos are digital).
. Two 'Written estimates/quotes for each project.
. IF APPLICANT IS DOING THE PROJECT HIM/HERSELF, two price quotes for all
materials to be purchased and reimbursed by Site Improvement Grant funds must be
submitted on letterhead or some similar form of official documentation from each
supplier.
. IF APPLICANT IS HAVING THE WORK DONE BY CONTRACTORS, two price
quotes/estimates must be provided for each project to be funded by Site Improvement
Grant funds. IMPORT ANT: Applicant is responsible for ensuring that contraetor(s)
are aetively Iieensed by Collier County (Site Improvement Grant funds for work
performed by contractors will only be disbursed if contractors can verifY that they are
aetively licensed by Collier County.). To ensure your contractor is actively licensed
check here: http://~I'I's2.coll iC"~l1\ .ncl/webal1l1s/\isioll/Cl111Celi/defaull.aspx. NOTE:
some contractors are licensed under many namcs; confirm with cach contractor the name
under which they are licensed prior to searching for their license information.
. FOR COMMERCIAL TENANT APPLICANTS: Commercial Owner Authorization form
(page 6 of application). THIS FORM REQUIRES NOTARIZATION.
. Project Initiation and Completion Form.
Step 3: Once CRA slaff determine the applicotion is complete. applicanl must submit the Site
Improvemenl Gront Al!reemenl,
The agreement is found in Section 2 of this booklet. The agreement must be read and signed by
applicant and will accompany the application for review by the CRA Advisory Board and the
CRA.
Step 4: CRA staff and AdvisOTl' Board review I!ranl applicalion and supportinl! documenls,
CRA staff review application and calculate points to be awarded to project based on the Point
Evaluation System detailed above. QualifYing applications are then brought to
Bayshore/Gateway Local Redevelopment Advisory Board of Collier County (Advisory Board)
for its recommendation for approval or rejection to the CRA. Advisory Board reviews project to
ensure it meets all grant criteria and Redevelopment Plan criteria. Applicant is required to be
present at the Advisory Board meeting to answer any questions that may arise during the review
introduction to Sire irn;:;;r"ovement G~ants
iv
revised 10/11/2007
~~
.~
Agenda Item No. 16G3
October 23, 2007
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Information Packet: About Site Improvement Grants
P:ease read completelv before fillin9 out form
or to provide additional material if requested. If project meets all criteria, the Advisory Board
makes a recommendation to CRA to approve the application.
Step 5: CRA reviews and makes determinalion on !!rant,
CRA staff prepare Site Improvement Grant Agreement for the CRA to review. Application with
Advisory Board recommendations and Site Improvement Grant Agreement are placed on CRA
agenda for review. CRA reviews Advisory Board recommendation and Site Improvement Grant
Agreement during regular meeting and approves or denies funding.
Step 6: Permiltin!! and Site Plan Improvement process proceeds,
If CRA approves project, applicant obtains all necessary permits and/or submits county site
improvement plan to Community Development & Environmental Services Division. Proof that
all necessary permits were obtained will be required for payment of the Site Improvement Grant.
Step 7: Proiect work is performed,
Applicant applies for and receives permits, then begins work.
Slep 8: Upon proiecl completion applicant submits Proiecl SummarJ' Report,
Upon completion of work, the project is inspected to ensure I) that work performed complies
with codes and regulations and 2) that the work proposed and approved for funding was
completed per the initial application specifications. Applicant submits the following:
. Project Summary Report (found after Application Form in this packet), including description
of completed improvements;
. Two 8X I 0 color "after" photos per project;
. Contractor invoices;
. Verification that all necessary permits were obtained prior to work;
. Cancelled checks or receipts as proof that all materials and contracted improvements have
been paid;
. List of materials and construction techniques used;
. List of architects and/or contractors and any additional information specific to the project;
. Notarized "Payment Request Form".
Slep 9: CRA Slaff Submits Proiecl COn1fJlelion Reporl for POI'menl
CRA staffvisits site and documents improvements. eRA stafYforwards Completion Report and
documents to County Finance Department for payment.
Introduction to Site impro\'emen~ C7,c:xns
v
~-,,"j:s2d -1 Oi~ ~ /2807
Agenda Item No. 16G3
October 23, 2007
Page 28 of 39
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~......,~
:'1'
" T._~="'''''
PROJECT SUMMARY REPORT
Verify expenses to be reimbursed bySite Improvement Grant AFTER Project Completion
1. THE SITE IMPROVEMENT GRANT APPLICATION
1-1 Applieant Information
1. Owner Name:
2. Owner Address:
3. Site Address (if different from owner address):
4. Folio Number and Legal Description of Site:
5. Daytime Phone with area code:
6. Alternate Phone with area code:
7. E-mail Address:
8. If you own this property, how long have you owned it?
REQUIRED ATTACHEMENTS TO THIS PAGE FOR ALL APPLICANTS:
1. Property Appraiser's Identification Record. *
2. Aerial photograph of all parcels included in the grant. *
* These can be obtained from the Property Appraiser's website at httfl:/h,vw",-.C'ollienlOOI"aiser.com/.
9. If you lease this property, how long is lease term? (attach copy oflease)
10. Is this your first time to apply for a Site Improvement Grant? Yes D No D
1 I. If you have been awarded a Site Improvement Grant in the past, please list the date(s) and
award amounts for each grant you have received. Attach a separate page if necessary.
Commcreial Applieants only pleasc ans"cr items 13-]8
12. Tenant Name (Commercial Only):
13. Tenant Daytime Phone:
14. Tenant Alternate Phone:
15. Number of Years in Business at Site Address:
16. Occupational License Number:
17. Other Tenant Names, if any:
S;te Improvement Grz.nt t\;-,plication - Att2chment
"f':'jeC\~,U!,ln'-'-y
1
revised 1 01'11 /2007
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Agenda Item No. 16G3
October 23,2007
Page 29 of 39
,L~
~
".~~
PROJECT SUMMARY REPORT
Verlfv expeilses to be reimbursed bvSite Improvement Grant AFTER Prolect ComPletion
1-2 Projeet Information
J. Please describe the existing condition of each project for which you would like funding from
a Site Improvement Grant (attach additional sheets if necessary). Attach two "Before" photos (8XIO
color) to tltis page for each improvement you wallt to make.
2. Outline proposed improvements in detail. Include one of the following for each project: A)
itemized work estimates from actively licensed contractors for work to be done by contractors or
B) material descriptions for work you intend to do yourself on supplier letterhead.
3. List Materials to be used and construction methods to be utilized (i.e. red bricks will be
installed with traditional masonry methods, awnings will be hung, etc.) (attach additional sheets
if necessary). Attach drawings or sketch of improvement.~' to tltis puge. Attach color samples for eaelt
improvement to thi... page.
REQUIRED ATTACHEMENTS TO THIS PAGE FOR ALL APPLICANTS:
1. Two 8x 1 0 color photos of each project for the Site Improvement Grant.
2. 'fwork is bein" done bv contractors, TWO ESTIMATES from ACTIVELY LICENSED CONTRACTORS
WITH COLLIER COUNTY must be included for each job. Additionally, you must provide license information for
each contractor (information available at htto://aoos2.collier!:!ov .net/webaoDs/vision/ConCert/default.aspx __ call
contractor to verify the name under which the license is registered~). lfwork is being done bv vourself. provide two
official price quotes for parts (grant funds do not cover applicant's labor).
5]:-9 tmpr;)\'F:7>2~t ':7;"'a~: ,L-.:~~:
~V"11^,
-:.., :.~~ ::1:-C":;-;, t
2
r-e',',,-'E"C (J:~ 1/20Ui
Agenda Item No. 16G3
October 23, 2007
Page 30 of 39
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~.<'..'
~
.-""--.
PROJECT SUMMARY REPORT
Verify expenses to be reimbursed bySite Improvement Grant AFTER Project Completion
1-3 Projeet Points
Directions:
b d
In the column labeled "Work Included in Current Application", please indicate work
d' h' r . h h k k (.r)
to e one as propose In t IS aDDllcatlon WIt a c ec mar
.
PQillti
Projects Work Included in CRA OFFICE
.~urreDt Application USE ONLY
Removal of or reoair to porches, awninas, canopies, or caroorts
Installation of or reoair to hurricane shutters
Window or door uocrade to hurricane standards
Exterior woodwork repair, reolacement or new installation
Stucco work or reolacement sidina
New or reolacement roofina, rain autter svstem and soffit work
Paintina
Storm water drainaqe improvements
First-time aoolicant
Drivewav reoair (drivewav must show sinns of damanel
Installation of or reoair to drivewav culverts
Construction of or reoair to fencino (chainlink orohibitedl
Removal of trees for health, safety and welfare benefits (improved residential
lots onlv)
Removal of exotic veaetation (for imoroved residential lots onlY)
Demolition of structures for health, safety and welfare
Other oroiects aooroved bv CRA
TOTAL
Site Impro";.reme71t G,ant Ap:::::ii:2:i:)i1 - .L"~tc;::hmsnt
r'"-<,>:t~,"'1m1,,'"
. .
3
revised 1 0/11 /2007
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Agenda Item No. 16G3
October 23, 2007
Page 31 of 39
~"'~..
'. ~
"-""",,,," .~.
PROJECT SUMMARY REPORT
Verify exper'ses to be reimbursed bvS:te Imorovement Grant AFTER Proiect Completion
1-4 Verification of Resources to Undertake Project
I, , owner/tenant of the property located at
, have the funding and capability necessary to begin the
site improvements listed under Section 1-2 (page 2 of application) of the completed site
improvement grant application and have the ability to complete all improvements within one
year of the approval of the site improvement grant by the Collier County Community
Redevelopment Agency.
Signature of Owner/Tenant (Commercial only)
Date
Signature of Owner/Tenant (Commercial only)
(if jointly owned or leased)
Date
Signature of Owner/Tenant (Commercial only)
(if jointly owned or leased)
Date
CRA Staff
Date
S:te improvement Grant A~'pii::a;:1011 - t\ttc'chment
r:f0":<C1Sumr-l,ry
4
t?-i,,,ed n'"1 ':.'2007
Agenda Item No. 16G3
October 23. 2007
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~
~
PROJECT SUMMARY REPORT
Verify expenses to be reimbursed by Site Improvement G,ant AFTER Project Completion
1-5 Project Costs
Estimated Project Cost: $
ALL WORK TO BE COMPLETED BY A CONTRACTOR MUST HAVE AT LEAST
TWO (2) WRITTEN ESTIMATES OR QUOTES ATTACHED TO THE APPLICATION.
Estimated amount requested from CRA $
NOTE: Copies of all receipts and/or cancelled checks will required upon proiect completion as
proofthat all materials and contracted improvements have been paid. No reimbursement will be
made by the CRA until all receipts and/or cancelled checks have been received and verified.
FORCRA USE ONLY
Total Estimated Project Cost:
Request from CRA:
Percentage of Total:
Owner Signature
Date
Owner Signature
Date
CRA Staff
Date
Site Improvement Grant Appli~ation - Attachment
Cp}jen~'umT1ery
5
revised 10/11/2007
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Agenda Item No. 16G3
October 23.2007
Page 33 of 39
.1
,---",.~~"
PROJECT SUMMARY REPORT
Verify eXCienses to be reimbursed bvS:te Improvement Grant AFTER Proiect COITlOletlon
2. COMMERCIAL OWNER AUTHORIZA nON
U -Ipplinllll;.\ tI (DJrl1LRCI.1L IL\l \'T.1'O/l nllI.Hlllhl1lil fhi,1 wi/11 Sil(' Il1tpU!I"'III~'J/f (,mill lj'j!/'inui(!/I.
ALL OTHERS PROCEED TO NEXT PAGE
I, , owner of the property located at
, understand that
, who has a valid lease for the
above listed property for two years beyond this date, and authorize said tenant to complete the
site improvements listed under Section 1-2 of the completed site improvement grant application
and to request matching funds from the Collier County Community Redevelopment Agency.
Signature of Owner
Date
Date
Signature of Owner
(if jointly owned)
Signature of Owner
(if jointly owned)
Date
STATE OF:
COUNTY OF:
The foregoing Owner Authorization Form was executed before me this day of
,200_ by , owner of the property located
at
_ is personally known by me
OR
_ who has produced
who:
as proof of identity.
Affix notarial seal
Notary Public (Signature)
Print Name of Notary Public
Commission No:
My Commission expires:
Site lmprovement Grant Appli:::attcn - P.t.:achment
k::[!~f~ulllr,-a'j
6
',,','ised 'iCl': ':!:?J07
Agenda Item No. 16G3
October 23, 2007
Page 34 of 39
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~
~
PROJECT SUMMARY REPORT
Verify expenses to be reimbursed bySite Improvement Grant AFTER Proiect Completion
3. PROJECT SUMMARY REPORT
Submit after project completion
3-1 Site Condition Report
1. List materials and construction methods used, especially if unique methods were necessary to
preserve or enhance some aspects of the improved site (attach additional sheets if necessary):
2. List names and contact information for architects and contractors involved to provide proper
credit.
3. Describe site conditions in areas where site improvements were made.
4. Provide any other important information specific to the project. All projects will be listed in
the annual project report of the CRA so details and noteworthy information about the project is
very critical.
Owner Signature
Date
Owner Signature
Date
REQUIRED ATTACHEMENTS TO THIS PAGE FOR ALL APPLICANTS:
Attach "After" photos to this page of the application (include at least two 8X10 color photos, others may be added to
accurately describe the site improvements).
Site improvement Grant Appllc2'don - At':achment
Pr',':H:-.tS,-,nl".,a'j
7
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Agenda Item No. 16G3
October 23, 2007
Page 35 of 39
~..".."a.~..
. . ""
."~
:."","",~~
PROJECT SUMMARY REPORT
Verify exr:-8nses tc be reimbursed byS!te improvement Grant AFTER Prolect Completion
3-2 Payment Request (Projeet Costs)
(attach all receipts, invoices and/or cancelled checks)
On , the Collier County Community Redevelopment
Agency approved funding in the amount of $ to cover a portion of the costs listed
bl hr hh
e owt oug t e Site Improvement Grant program:
Improvement Cost
Total
I hereby confirm that all items listed above have been completed as per the Site Improvement
Grant application submitted to the CRA and authorized by the CRA. Therefore, I am requesting
the approved funding in the total amount of $ as approved by the CRA.
The foregoing Payment Request Form was executed before me this
,200_ by
day of
, owner of the property located
at
_ is personally known by me
OR
_ who has produced
Affix notarial seal
, who:
as proof of identity.
Notary Public (Signature)
Print Name of Notary Public
Commission No:
My Commission expires:
Site !mp~DvemEnt Grant Application - Atta:-hmont
~::.;rll:,'.ar_,
s
:-,:,v!sed 10/,1,'::::)C7
Agenda Item No. 16G3
October 23. 2007
Page 36 of 39
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~.,..".;':'.-A'
;;~i~
.. 'L~""
SITE IMPROVEMENT GRANT AGREEMENT
Applicant is to sign and hand In after eRA staff find application !s complete
4. THE SITE IMPROVEMENT GRANT AGREEMENT BETWEEN eRA
AND OWNER
This agreement is to be .\';gned and witlle!)'sed AFTER eRA stafl have found the Application to be complete.
THIS AGREEMENT ENTERED this _ day of ,~ by and
between the Collier County Community Redevelopment Agency (hereinafter referred to as
"CRA") and (hereinafter referred to as "Owner").
WIT N E SSE T H:
WHEREAS, in Collier County Ordinance No. 2002-38, the Board of County
Commissioners delegated authority to the CRA to award and administer CRA grants including
contracts with owners for CRA grants; and
WHEREAS, Owner has applied for a site improvement grant in the amount of
dollars; and
WHEREAS, the CRA has determined that Owner meets the eligibility requirements and
was approved for a grant award in the amount of dollars on , ("CRA
Approval"), which is % 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 CRA that Owner has received a copy of the Collier
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 understands and agrees to abide by all of the terms and conditions of the
Grant Program. Owner agrees to the tenns and conditions of the Grant Program.
2. Owner is the record owner of property described as
3. Owner has agreed to make certain improvements to the property pursuant to the
grant application submitted to the CRA dated 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
ofCRA Approval. Owner also agrees to fund at least ~% of the costs of the Site
Site Improvement G:-ant - Agnsems-nt
1
revised 1 CJ/11/2007
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Agenda Item No. 16G3
October 23,2007
Page 37 of 39
'I
"""-",,,R~.'
SITE IMPROVEMENT GRANT AGREEMENT
.<\8Dilcant !s to siqn and r'cp,d Ir, after eRA staff find aoplicailorl IS comolete
5. CRA has approved a grant to Owner in the amount of$ to be
administered pursuant to the terms of this Agreement based on an estimated cost of $
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
~arriage tsinc lud~mothe;- in~ I~\V,. f~ther: in-Ia\V,. brother-in: law and sister-in-law. .O\Vlle.J'~~
vir!fledthat aU-contractoiiwho !lliveprovide'lfilid;forthe approved' work are actively licensed
',.:' .' .:' ,t.' ':':i''('/'i'''X:/' :,"''?-i:-':,,::{ ",.':,::c",I,:~_-:",,>,tf'>}<':'''',:' 'j1::F}i~"'C;~{ /i':'f:<>:;""O; "',-" 'i," "," : '>\',1",",::; " ,;'~,:) "'" ','" '"" -">:;,:/>1"'; ,~!',", ""':"':~:
b)',(C;9nie~ {))UlltY~lln4 Q\Vn~LlI.greesmat an.labo& Y-:il!l)e perfoTmed only by the1o)Vestb!<!c!fug
",-,'W.".,-,,',..-_':J:;
cop.tractor;
7. Owner agrees to obtain all necessary permits and submit any required plans to the
County's Community Development and Environmental Services Division. 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 CRA staff. The CRA.,
through its staff, shall confilm that the Site Improvements were constructed pursuant to the ternlS
of the application approved by the CRA.
8. Within f0l1y-five (45) days after contirmation that the Site Improvements were
constructed pursuant to the terms of the approved application, Owner shall be issued a check in
the amount of the grant. However, if Owner fails to make the improvements pursuant to the
terms of the approved application, or if the project is not completed within one (I) year ofCRA
approval, or if Owner fails to fund at least _% 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 written.
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.
Site Improvement Grant - ,L.gief:;;~1snt
2
i-~'vis.2d -j Oi , ": /2(107
Agenda Item No. 16G3
October 23, 2007
Page 38 of 39
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~,
SITE IMPROVEMENT GRANT AGREEMENT
Applicant is to siqn and hand in after eRA. staff firld aDpllcatlQn IS complete
I I. 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.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year
fIrst written above.
OWNER:
(1)
Witness Signature
By:
Printed/Typed Name
Printedffyped Name
(2)
Witness Signature
By:
Printed/Typed Name
PrintedITyped Name
ATTEST:
DWIGHT E. BROCK, Clerk
COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY
By:
, Deputy Clerk
DONNA FIALA, Chairman
Approved as to form and
legal sufficiency:
Marjorie Student-Stirling
Assistant County Attorney
Site Improvement Grant- Agreement
3
re\.'isf:G 10/11/2007
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Agenda Item No. 16G3
October 23, 2007
Page 39 of 39
~"".~;. - .
' '"
:~
"-"""~'" ~,
SITE IMPROVEMENT GRANT AGREEMENT
Appll::.:ant is to sign and hand ir, after CRA. staff find BDPltcai:on IS complete
Site ~mprovement Grant - Agreement
4
r'2\!:;>.Ed -: C)}1 -j ,'2007
Agenda Item No. 16G4
October 23, 2007
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to Ratify Collier County Airport Authority Resolution No. 07-
33, Adopted on October 8, 2007, Approving an 8,0 percent ($8,363,79) Merit
increase for Fiscal Year 2007-2008 for the Authority's Executive Director,
Theresa M, Cook,
OBJECTIVE: That the Board of County Commissioners ("Board") ratify Collier County
Airport Authority ("Authority") Resolution No. 07-33, adopted on October 8, 2007
approving an 8.0 percent ($8,363.79) merit increase for the Authority Executive
Director, Theresa Cook, for fiscal year 2007-2008.
-
CONSIDERATION: Based on the Authority's performance review of Theresa's job
performance for the period September 1, 2006 through August 31, 2007, the Authority
voted unanimously to approve an 8.0 percent ($8,363.79) merit pay increase for fiscal
year 2007-2008. Theresa's Employment Agreement provides that the generally
applicable Cost of Living Adjustment ("COLA") approved by the Board each fiscal year
shall automatically be added to her salary. Her Employment Agreement also authorizes
the Authority to approve a merit increase for any fiscal year provided sufficient funds
exist in the Authority's Board-approved budget for the respective fiscal year. This item is
agendized to request the Board's ratification only because Theresa's performance
review was not completed before the Authority's budget for this fiscal year was
approved by this Board. It is understood that merit payments are paid in one lump sum
and COLA adjustments are paid throughout each respective fiscal year.
FISCAL IMPACT: Sufficient funds exist in the Authority's 2007-2008 fiscal year Board
approved budget to fund this COLA and to fund this merit increase.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact
associated with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners ratify Collier County
Airport Authority Resolution No. 07-33, adopted October 8, 2007, which appoved an
8% percent ($8,363.79) merit increase for the Authority's Executive Director, Theresa
Cook.
Prepared by Debbie Brueggeman
-
page I or I
Agenda Item No. 16G4
October 23. 2007
Page 2 of 4
COLLIER COUNTY
BOARO OF COUNTY COMMISSIONERS
Meeting Date:
16G4
Recommendation to Ratify Collier County Airport Authority Resolution No. 07-33, Adopted on
Octoher 8, 2007, Approving an 8.0 percent ($8,363.79) Merit increase for Fiscal Year 2007-
2008 for the Authoritys Executive Director. Theresa M. Cook.
10/23/2007900-00 AM
Item Number:
Item Summary:
Approved By
Theresa M. Cook
Executive Director
Date
County Manager's Office
Airport Authority
10/15/20074:14 PM
Approved By
OMS Coordinator
Applications Analyst
Date
Administrative SelVices
Information Technology
10f16/2007 8:00 AM
Approved By
Randy Greenwald
Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
10/16/20078:43 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
10/16/20072:32 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
10/16f2007 3:57 PM
Agenda Item No. 16G4
October 23, 2007
Page 3 of 4
~
RESOLUTION NO. 07-33
RESOLUTION OF THE COLLIER COUNTY AIRPORT AUTHORITY APPROVING A
MERIT INCREASE OF .9'70 PERCENT ($ 'i,03'-1. 3i ) FOR FISCAL YEAR
2007- 2008 FOR THE AUTHORITY'S EXECTIVE DIRECTOR, THERESA COOK.
WHEREAS, For the County's fiscal years commening on October I, 2007, the Board of
County Commissioners (Board) has approved a 4, I % Cost of Living Adjustment (COLA) for all
county employees, effective October 1, 2007; and
WHEREAS, the Collier County Airport Authority's (Authority) Executive Director's
Employment Agreement specifies that Theresa Cook shall automatically receive the generally
applicable COLA approved by the Board each respective fiscal year; and
WHEREAS, based on the Executive Director's performance from September 1, 2006
through August 30, 2007, the Authority hereby approves ~ percent ($i,03'1. 3? ) merit
increase for the County's 2007-2008 fiscal year; and W
WHEREAS, the Authority's Administrative Code authorizes the Authority to approve a
merit increase for its Executive Director provided sufficient funds for the salary increase exist in
the Airport Authority's budget approved by the Board for the respective fiscal year; and
~
WHEREAS, after calculating all money committcd in the Authority's budget for this
fiscal year to fund all salaries and all 4.1 % Cost of Living Adjustments applied to all of the
Authority's employees (including the Executive Director), sufficient additional uncommitted
funds exist in the Authority's budget for this fiscal year's to fund up to a 10% merit increase for
Theresa Cook.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COLLIER COUNTY
AIRPORT AUTHORITY, that the Authority hereby approves a merit increase of .?% percent
($~, 03'1, 3.Y) for its Executive Director, Theresa Cook, and she is requested that both the COLA
and this merit salary increase be paid by lump sum payments.
PASSED AND DOL Y ADOPTED by affirmative majority vote of the Collier County Airport
Authority this 8th day of October. 2007.
ATTEST:
Q~ ~~~a~
Debra Brueggema, xecutlve ASSIstant
UNTY AIRPORT AUTHORITY
UNTY, FLORIDA
Stephen L. Price, Chairman
Approved as to fo
"
and legal sufficiency:
U(fiN.
Thomas C. Palmer, Assistant County Attorney
~
H:\Public\Tom Palmer work.ing\Res 07-33 Executive Director's Performance Evalu TCP 1O-4-07.doc
Agenda Item No. 16G4
October 23, 2007
Page 4 of 4
COLLIER COUNTY AIRPORT AUTHORITY
EXECUTIVE DIRECTOR'S EMPLOYMENT AGREEMENT
Section 4. Adiustment to Executive Director's Annual Salary:
In the month of April of each year, Authority shall conduct an annual performance
evaluation of the Executive Director and recommend to the Board of County
Commissioners increases to the then current base salary based on respective annual
employment performance evaluation. (This is to coincide with the Authority's budget
being transmitted to the County Manager not later than May 1, or otherwise in accord
with the County's general budget policy or general law, whichever date is earliest). The
salary increases shall become effective on October I of each year (the starting date of the
County's Fiscal Year), and shall be increased by applying the then current CIP-U
increase to the Employee's then current base salary, or larger salary increase approved by
a majority vote of the Airport Authority and funded by the Board of County
Commissioners in the Authority's budget, whichever salary increase dollar amount is
greater for the respective fiscal year.
Agenda Item No. 16H1
October 23. 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 detcrmined that attendance at the functions of fraternal, business,
environmen1al, educational, eharitable, 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: Southwest Florida Federated Republican Women Luncheon
PUBLIC PURPOSE: Participate and provide support for SWF Federated Republican
Women to help promote education of its members in politics, train them in active
citizenship, and encourage participation to promote good government through active
participation.
DATE OF FUNCTION/EVENT: 10/8/07
FISCAL IMPACT: $15.00 - Funds to be paid from Commissioner's travel budget.
RECOMMENDATION: That the Board of County Commissioners, in accordance with
Resolution No. 99-410, approve payment by the Clerk for Commissioner Coletta to
attend function serving a valid public purpose.
PREPARED BY: Lisa Resnick, Administrative Aide to BCC
APPROVED BY: Sue Filson, Executive Manager to BCC
AGENDA DATE: 10/23/07
Agenda Item No. 16H 1
October 23, 2007
Page 2 of 5
ResnickLisa
lubject:
SPEAK ON COUNTY ISSUES @ SWF Federated Republican Women Lunch 'cost is $15'
(Lavigne Ann Kirkpatrick 239-403-0862 or lavigneann@comcast.net) "DROVE COUNTY
CAW'PAID $15 CASH"
Arbor Trace, 14551 Vanderbilt Drive, Naples
Location:
Start:
End:
Show Time As:
Mon 10/8/2007 11 :30 AM
Mon 10/8/2007 1 :30 PM
Out of Office
Recurrence:
(none)
:\ ilOR1D,f ~
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~ ~
.::::>> ~
o rn
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:bu8L/CAN ~O
The Southwest Florida Federated Republican Women was founded in 1975 and is Chartered by the National
Federation of Republican Women which was founded in 1938. Our organization represents Republican Women in
Collier and Lee Counties. It is our mission to educate members in politics, to train them in active citizenship, to
encourage participation in the Federation and Republican Party work, to register, recruit and elect Republicans
and to increase the effectiveness of Republican women in the cause of good government through active
participation,
The SFFRW meets monthly on the first Monday of the month,
The meetings are held from 11 :30- 1 :30PM at Arbor Trace, 14551 Vanderbilt Drive in Naples, Meetings include a
luncheon and an informative speaker. Guests are always welcome! The luncheon cost is $15,00.
For information or reservations contact Lavigne Ann Kirkpatrick
at 239-403-0862 or emaillavigneann@comcast.net
Membership is open to women who are registered Republicans, Associate membership is open to women who are
voting members of another Women Federated Republican organization, Republican Men, and Republican Women
College Students,
Full Membership $35.00
Patron $50,00
Sponsor $100,00
Associate Member $20,00
Come join the fun and support our Republican Beliefs!
Warmest regards, Lavigne Ann Kirkpatrick
1
.'iIJlU ~~f .(,r _~I"'r 1I."(C,,(irm Marrl< 20tJ7
Agenda Item No. 16H1
October 23, 2007
Page 3 of 5
r.'I~'I~"'1'It, wirli[.tSlwi:J'r5~~
Nancy Is there anyway that we can massage the calendar to allow for he to attend?
Need 30 mins drive time each way, If we can do it let her know that I accept. Jim
From: Lavigne Ann Kirkpatrick [mailto: lavianeann(!i)comcast.net]
Sent: Sunday, July 01, 2007 9:20 PM
To: ColettaJim
Subject: Re: July 2nd luncheon
Say hello to Mary Ann. We will wait for your return. How would you like to speak at our club the Second Monday in
October( 8th) at Arbor Trace 11:30-1:30 Let me know!! Safe travels. Lavigne
----- Original Message m__
From: ColettaJim
To: Lavigne Ann Kirkpatrick
Sent: Saturday, June 30, 2007 7:29 PM
Subject: RE: July 2nd luncheon
Hi Lavigne Left town today to join Mary Ann in NY. Sorry I can't join you. Will start
to get more active with your club in Sept.
Jim Coletta, Chairman Commissioner, District 5 Collier County Government
3301 e. Tamiami Trail Naples, FL 34119 Phone (239) 774-8391/ Fax (239) 774-3602
iimcoletta(!i)collieroov.net
Please note: Florida has a very broad public records law.
Most written communications to or from officials regarding county business
are public records available to the public and media upon request.
Your e-mail communications may therefore be subject to public disclosure.
2
Agenda Item No. 16H 1
October 23, 2007
Page 4 of 5
From: Lavigne Ann Kirkpatrick [mailto:lavianeann(ci)comcast,netl
Sent: Monday, June 18, 2007 12:01 PM
To: WSmith2656@aol.com; Vince Crew; Tzaicel Hernandez; henning_t; Toni Warren; Tim Tilapaugh; Tina Haut;
Thomas Cannon; Teresa Hietman; Steve Donovan; Stephen B. Russell; Richard Calabrese; RepMikeDavis@aol.eom;
Patrick McQulllan; Mike Stang; Mike Lyster; Michael Durant; Michael Church; Lynn Bower; louise Dowd; Kara Moore;
John McGillicuddy; John F. Sorey; Jim Greer; ColettaJim; Jan Ganter; Garrett Richter; Frank Schwerin; Vicki Case;
Beverly Kilmer; Carole Clancy; Angie Boynton; Barbara Rushing; Barbara Wall; Christine R. Sutherland; Cindy
Maclaurin; CindyFGraves@aol.com; Deborah Terry; Katie Bolon; Unda Ivell; Iisa macel; Louise Dowd; Marguerite
Cavanaugh; Marilyn M Shanholtzer; Marilyn Stout; Pat Sasso; Redith Fischer; Rena Gazzar; Rodrigues, Ruth; Duke
Vasey; fiala_d; Dex; Collier TARS; Cindy Lyster; Chuck McMahon; Christine Sutherland; Carla Dean; Alan C. Dimmitt;
AI E Abrahams; Adele Amico
Subject: July 2nd luncheon
Attached you will find an Invitation to the Southwest Florida Federated Republican Women's Pre 4th of July
Celebration. Any questions please Lavigne Kirkpatrick at 239-595-0196.
No virus found in this incoming message.
Checked by A VG Free Edition.
Version: 7.5.476/ Virus Database: 269.9.14/883 - Release Date: 711/2007 12: 19 PM
3
Page 1 at 1
Agenda Item No. 16H 1
October 23, 2007
Page 5 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16H1
Item Summary:
Commissioner Colella requests Board approval far reimbursement regarding attendance at a
function serving a valid public purpose. Attended the Southwest Florida Federated
Republican Women's Luncheon on October 8,2007 at Arbor Trace. $15.00 to be paid from
Commissioner Coletta's travel budget.
Meeting Date:
10/23/20079:00:00 AM
Prepared By
Lisa Resnick
Executive Aide to the BeC
Date
Board of COlmty
Commissioners
BCC Office
10/10/20071 :48:04 PM
Approved Ry
Sue Filson
Executive Manager to the BCC
Date
Board of County
Commissioners
BCC Office
10/10/20073:57 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
10/13/200711:35AM
Agenda Item No. 16H2
October 23, 2007
Page 1 of 7
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 civie association/organizations serves a valid public purpose, provided that said
functions reasonably relate to Coilier County matters.
COMMISSIONER: Jim Coletta
FUNCTIONIEVENT: Everglades Coalition Conference
PUBLIC PURPOSE: Participate in the Everglades Coalition Allliual Conference Forum
discussion of Everglades Conservation and Restoration with local and national non-
profit, government and private interests, all working toward restoration of the Everglades
ecosystem.
DATE OF FUNCTION/EVENT: January 10-13,2008
FISCAL IMPACT: $598.77 - Funds to be paid from Commissioner's travel budget.
RECOMMENDA nON: That the Board of County Commissioners, in accordance with
Resolution No. 99-4 I 0, approve payment by the Clerk for Commissioner Coletta to
attend function serving a valid public purpose.
PREPARED BY: Lisa Resnick, Administrative Aide to BCC
APPROVED BY: Sue Filson, Executive Manager to BCC
AGENDA DATE: 10/23/07
.--
Agenda Item No. 16H2
October 23,2007
Page 2 of 7
From: mfuentes@luxuryresorts.com
Sent: Wednesday, October] 0,2007 12:27 PM
To: ResnickLisa
Subjeet: Thank you for your reservation!
Follow Up Flag: Follow up
Flag Status: Red
j avascript: Popuj:JLXR (r ht.tp:/ /\11,.;,1;0,'. southseas. com/,.;ho is lxr/who is lxr. cfm') ;
I~
1-,
~CS<I
Agenda Item rjo. 16H2
October 23, 2007
Page 3 of 7
I'
,I
1\
1\
'II
t'l
Confirmation Number: 107336805
Welcome
Dear Jim Coletta:
Natural white beaches with 450 varieties of shells and soothing waves await your arrival at South Seas I
Resort. While you're here. you may want to enjoy a fishing charter, sailing course or relaxing sunset cru
Enjoy a few rounds of golf or spend an afternoon playing tennis. For further options, visit us online' '
www.southseas com. You'll find your confirmation information below.
Welcome to our island.
Agenda Item No. 16H2
October 23, 2007
Page 4 of7
South Seas Island Resort, 5400 Plantation Road, Captiva Island, Florida 33924
866-565-5089
rvations I Air + Resort Reserv3.tj '~),-:s I :.:-<'?c~ als & PaCk3.:;1f;S I }\cc~c'mmociations I Luxury Home & Villas I
j'-l'2v.J ~~cut.-h Ss2S I E):clusi'J2 A::r:"~r:it~t"-:s
t Experience I Meetings & Weddln~Ts I (lLilCk F2CTS I DirectiJ:>r:s I ['heto Callery I Pesort f"lap I Contact
South Seas Real ~state I SOJth Seas Own~rs
yResorts. COITl_I_ L::PLuxuL~/Harina.s. carr__l. ;\::i 11 i.a: sd ~c:el.'C_I_ Fri vae-/ PDlicY_I. RE'a} Sstate__l_ Travel
2007 @Copyright South Seas Island Resort. All Rights Reserved.
[g]
'Ref:107336805/20694897'
. ". - . -, Ite 1)ate!
Sw/~.-~
Everglades
.Coalition
2008 Annual Conference
January 10 - 13, 2008
Bringing together non-profit. government and private
inlerests at Ihe largest annual forum for
Everglades consen1ation and restoration
Hosted by the
Sanibel-Captiva
Conservation Foundation
..
\; " /
\~I~SCCF
ttjJt.5'-'.-?
,'1".' .1".,
IN
Celebrating 40 years of island conservation
at the
South Seas Island Resort
5400 Plantation Road
Captiva Island, Florida
1\1ake your J'cscrvations now to secure
the special Conference rate of $169 per night*
Call the hotel directly:
888-707-7888 or 877-597-9696
Mention Everglades Coalition Conference
... Double/Single room or l'illa. Suhicct fa tax and resorlfce.
Other acconunodalions {H'ailablc. R<..:sen'alions must be made
hy December 10. 2()()7 10 quaiify/oT Conference rates.
For more details, visit our website or send a
message to conference@evergladescoalition.org
www.evergladescoalition.org
Ag
No. 16H2
er23, 2007
Page 5 of 7
Ag
Everglades Coal;ii'O;"~""-
2008 Annual Conff.".cence
January 10 - 13, 2008
I
eaa If"t' 'P~.
The Everglades Coalition is soliciting
posters for the 2008 Annual Conference.
You and your organization are invited to
participate by submitting a poster
showcasing your scientific research and
findings and/or restoration projects
within the Everglades watershed.
The call for posters is directed towards
ALL recently completed projects or those
which are in process. It is not necessary
for these projects to have been peer
reviewed or published,
/"1~ S~
Abstracts for posters should be submitted
online at wwv,',evergladescoalition,org
C01~rercnce organi;;ers reserve final selection
decision for all poster submissions
Abstract deadline is
November 16, 2007
S"99~4Ud 'P~ "7~
Aquatic Biology · Endangered Species
Environmental Restoration
GIS, Mapping & Modeling
Hydrology · Salinity · Water Quality
\Vatershed Planning & Protection
S~{)~
\Ve are seeking Sponsors and Exhibitors for
the 2008 Annual Conference. If you or your
organization are interested, please contact
Susan Kennedy, as soon as possible.
(561) 746-8078
sllsan(~evergladescoalition, org
a Item No. 16H2
ctober 23, 2007
Page 6 of7
rag~ I UI I
Agenda Item No, 16H2
October 23, 20D7
Page 7 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
161-12
Item Summary:
COll1missionel Coletta requests Boarc! approval for reirnbUI"sernenl regarding attendance at a
function serving a valid public purpose_ Attending the Everglades Coalilion Annual
Conference 011 January 10,-1 J, 2008 at SOUll1 Seas Island Resort $598.77 to be paid for
accommodations from Commissioner Coletta's travel budget
Meeting Date:
10/23/2007 9:00:00 AM
PrelJared By
Lisa Resnick
Executive Aide to the BCC
Date
Board of County
Commissioners
BCC Office
10/10f2007 2:53:45 PM
Approved By
Sue Filson
Executive Manager to the BeC
Date
Board of County
Commissioners
Bce Office
10/10/20073:56 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
10/13/200711:38 AM
Agenda Item No. 16H3
October 23, 2007
Page 1 of 6
EXECUTIVE SUMMARY
COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO
ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE
OBJECTIVE: For the Board of County Commissioners to declare a valid public
purpose for a Commissioner to attend function/event and approve payment by the Clerk.
CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County
Commissioners has determined that attendance at the functions of fraternal, business,
environmental, educational, charitable, social, professional, trade, homeowners, ethnic,
and civic association/organizations serves a valid public purpose, provided that said
functions reasonably relate to Collier County matters.
COMMISSIONER: Jim Coletta
FUNCTION/EVENT: Immokalee Chamber of Commerce Banquet - Silent
Auction & Steak Dinner
PUBLIC PURPOSE: Meet and interact with business, community representatives, and
government leaders to demonstrate recognition and supp011 for I mmokalee commerce
activities.
DATE OF FUNCTION/EVENT: October 27,2007
FISCAL IMPACT: $100.00 - Funds to be paid from Commissioner's travel budget.
RECOMMENDA TION: That the Board of County Commissioners, in accordance with
Resolution No. 99-410, approve payment by the Clerk for Commissioner Coletta to
attend function serving a valid public purpose.
PREPARED BY: Lisa Resnick, Administrative Aide to BCC
APPROVED BY: Sue Filson, Executive Manager to BCC
AGENDA DATE: 10/23/07
-
Agenda Item No. 16H3
October 23, 2007
Page 2 of 6
From: ResnickLisa
Sent: Wednesday, October 10, 2007 11:32 AM
To: 'Anne Goodnight'
Subject: RE: Immokalee Chamber of Commerce Banquet 10/27/07
Anne,
So, if I understand correctly, one ticket admits 2 and the total cost is $100
for the Commissioner and his wife.
Commissioner Coletta and his wife do plan to attend, so please do hold a
ticket.
Also, can you please provide the time and location on lO/27!07?
Thanks again for your help.
Lisa
-----Original Message-----
From: Anne Goodnight [mailto:ANNEG@dlcmhc.com]
Sent: Wednesday, October 10, 2007 10:54 AM
To: ResnickLisa
Subject: RE: Immokalee Chamber of Commerce Banquet 10/27/07
Hi Lisa, Please make note that the Chamber's e-mail has changed to
icoc@embarqmail.com The Chamber is holding it's annual Chamber Silent
Auction & Steak Dinner on October 27, 2007. The price is $100.00 a ticket
this includes 2 steaks dinners and dancing. The ticket number will also be
entered into drawing for $5000. Jim and his wife usually attend. If he is
interested in attending the function please let me know and I will hold him a
ticket that he can pay for at the door. If you need more information please
let me know. Anne Goodnight
-----Original Message-----
From: ResnickLisa [mailto:LisaResnick@colliergov.net]
Sent: Wednesday, October 10, 2007 9:08 AM
To: pagoodnight@aol.com; Anne Goodnight
Subject: Immokalee Chamber of Commerce Banquet 10/27/07
Anne,
Would you please be able to provide me with the details or an invitation to
the lmmokalee Chamber of Commerce Banquet on October 27?
Thank you,
Lisa Resnick
Executive Aide to Commissioner Jim Coletta, Chairman, District 5 Board of
County Commissioners Collier County Government Center
3301 Tamiami Trail East, Building F
Naples, FL 34112
Tel. (239) 252-8097
Fax (239) 252-3602
lisaresnick@colliergov.net
----- Original Message -----
Agenda Item No. 16 H3
October 23, 2007
Page 3 of 6
From: "ColettaJim" <JimColetta@colliergov.net>
To: icoc@earthlink.net
Co: "ResnickLisa" <LisaResnick@colliergov.net>
Sent: Sunday, September 30, 2007 2:46:41 PM (GMT-0500) America/NeW_York
Hi Dick
Just found out from Ann Goodnight about the Chamber's Banquet on
10/27 at PACE. Please send the particulars. Would like two tickets for Mary
Ann and self.
Jim
Jim Coletta, Chairman
Commissioner, District 5
Collier County Government
3301 E. Tamiami Trail
Naples, FL 34119
Phone (239) 774-8391 / Fax (239) 774-3602 jimcoletta@colliergov.net
Please note: Florida has a very broad public records law.
Most written communications to or from officials regarding county business
are public records available to the public and media upon request.
Your e-mail communications may therefore be subject to public disclosure.
Agenda Item No. 16H3
October 23, 2007
Page 4 of 6
Subject: FW:
-----Original Message-----
From: ColettaJim
Sent: Tuesday, October 09, 2007 11:56 AM
To: ResnickLisa
Subject: FW:
Lisa
I will pay with my check and will need for you to send on. The County's
cost will half of the admission. Look for a flyer on the event for the
executive summarry as public purpose.
Jim
-----Original Message-----
From: ColettaJim
Sent: Tuesday, October 09, 2007 11:54 AM
To: 'IMMOKALEE CHAMBER OF COMM'
Subject: RE:
Dick
One ticket will do.
Thank you.
Jim
-----Original Message-----
From: IMMOKALEE CHAMBER OF COMM [mai1to:icoc@embarqmai1.com]
Sent: Monday, October 08, 2007 2:27 P.M
To: ColettaJim
Subject: Re:
Jim,
Don't think you need two tickets unless you want two chances to
win. One ticket will allow two people to attnd, with whoever's name is one
the ticket being eligible for the $5,000 cash prize.
Let me knwo if you still desire two tickets, or if one will do.
----- Original Message -----
From: "ColettaJim" <JimColetta@colliergov.net>
To: icoc@earthlink.net
Cc: "ResnickLisa" <LisaResnick@colliergov.net>
Sent: Sunday, September 30, 2007 2:46:41 PM (GMT-0500) America/New_York
Hi Dick
Just found out from Ann Goodnight about the Chamber's Banquet on
10/27 at PACE. Please send the particulars. Would like two tickets for Mary
Ann and self.
Jim
Jim Coletta, Chairman
Commissioner, District 5
Collier County Government
3301 E. Tamiami Trail
Naples, FL 34119
Phone (239) 774-8391 / Fax (239) 774-3602 jimco1etta@co11iergov.net
Please note: Florida has a very broad public records law.
Most written communications to or from officials regarding county business
Agenda Item No. 16H3
October 23, 2007
Page 5 of 6
are public records available to the public and media upon request.
Your a-mail communications may therefore be subject to public disclosure.
Page 101 I
AgeneJa Item No. 16H3
October 23, 2007
Page 6 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16113
COllllllissioner Coletta requests Board approval for reimbursement regarding attendance at a
fundion serving a valid public pwpose. Attending the IIl1111okalee' Chamber of Commerce
BallCjuet - Challlber ::';i1enl f\uction & Sleak Dinner on October 27,2007 at the PACE Center
for Girls. $100.00 to be paid from Commissioner Coletta's travel budget.
Meeting Date:
10/23/2007 9:00:00 AM
Prepared By
Lisa Resnick
Executive Aide to the BCe
Date
Board of County
Commissioners
Bec Office
10110/20073:48:02 PM
Allllroved By
Sue Filson
Executive Manager to the BCe
Date
Board of County
Commissioners
BCC Office
10/10120073:54 PM
AIlproved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
10/13/2007 11 :41 AM
Agenda Item No. 16H4
October 23. 2007
Page 1 of 4
EXECUTIVE SUMMARY
COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO
ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE
OBJECTIVE: For the Board of County Commissioners to declare a valid public
purpose for a Commissioner to attend function/event and approve payment by the Clerk.
CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County
Commissioners has determined that attendance at the functions of fraternal, business,
environmental, educational, charitable, social, professional, trade, homeowners, ethnie,
and eivic association/organizations serves a valid public purpose, provided that said
funetions reasonably relate to Collier County matters.
COMMISSIONER: Jim Coletta
FUNCTIONIEVENT: Luncheon honoring former Collier County Sheriff, Aubrey
Rogers.
PUBLIC PURPOSE: Meet and interact with local government and Sheriffs office
officials to honor former Sheriff Aubrey Rogers for outstanding service.
DATE OF FUNCTION/EVENT: October 26, 2007
FISCAL IMP ACT: $20.00 - Funds to be paid from Commissioner's travel budget.
RECOMMENDA TION: That the Board of County Commissioners, in accordance with
Resolution No. 99-4 10. approve payment by the Clerk for Commissioner Coletta to
attend funetion serving a valid public purpose.
PREPARED BY: Lisa Resnick, Administrative Aide to BCC
APPROVED BY: Sue Filson, Executive Manager to BCC
AGENDA DATE: 10/23/07
t'age I 01 I
Agenda Item No. 16H4
October 23, 2007
Page 2 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16H4
Commissioner Colelta r'equests Board approval for reimbursement regarding attendance at a
function serving;) valid public purpose. Attending luncheon honoring former Sheriff Aubrey
Rogers on October 2G. 2007 at the Naples Elks Lodge $20.00 to be paid from Commissioner
Coletta's travel budget.
Meeting Date:
10/23/20079:00:00 AM
Prc()ared By
Lisa Resnick
Executive Aide to the BCC
Date
Board of COllnty
GOnlmissiollers
BGG Office
10/11/20071 :27:02 PM
Approved By
Sue Filson
Executive Manager to the BCe
Date
Board of County
Commissiollers
Bce Office
10/11/20Q7 2:12 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
10/13/200710:28 AM
Agenda Item No. 16H4
October 23,2007
Page 3 of 4
,
.
A:. ~ I~
\J
"
.
Agenda Item No. 16H4
OJ:j;dber 23, 2007
cJ\......Bage 4 of 4
SFieriff iDon '}(unter corcfuzfI;y invites you to a ceCc6ration Cuncheon [wnonngfonner
Sfierifj ,?u6rry CJ\9!JeT'S on PritIay, Octo6er 26, 2007 at 12:3Opm.
1fapCes 1Efl?J LodiJe
3950 rJ{(ufio ~ad
1fapCes, PL 34104
.V
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6Ce on the d'ate of the event.
'1\S'l-P to iDarfJlI utes at 793-9325.
IJ1ie cost for tfie Cuncheon
Agenda Item No. 16H5
October 23, 2007
Page 1 of 3
EXECUTIVE SUMMARY
COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO
ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE
OBJECTIVE: For the Board of County Commissioners to declare a valid public
purpose for a Commissioner to attend function/event and approve payment by the Clerk,
CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County
Commissioners has determined that attendance at the functions of fraternal, business,
environmental, educational, charitable, social, professional, trade, homeowners, ethnic,
and civic association/organizations servcs a valid public purpose, provided that said
functions reasonably relate to Collier County matters.
COMMISSIONER: .Tim Coletta
FUNCTION/EVENT: Blue Chip Community Business Awards Recognition Breakfast.
PUBLIC PURPOSE: Meet and interact with local business leaders and government
officials to recognize the accomplishments oflocal businesses.
DATE OF FUNCTION/EVENT: November 8, 2007
FISCAL IMPACT: $10.00 - Funds to be paid from Commissioner's travel budget.
RECOMMENDA TION: That the Board of County Commissioners, in accordance with
Resolution No. 99-410, approve payment by the Clerk for Commissioner Coletta to
attend function serving a valid public purpose.
PREPARED BY: Lisa Resnick, Administrative Aide to BCC
APPROVED BY: Sue Filson, Executive Managerto BCC
AGENDA DATE: 10/23/07
-
<;.. ""'
Agenda Item No. 16H5
October 23, 2007
Page 2 of 3
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Agenda Item No. 16H5
October 23, 2007
Page 3 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
1GH5
Item Summary:
CUfllmissioner (:OIEtt,l requests Board approval for reimbursement regarding attendance at a
hll1c1io!l serving (l v,llid public purpose. Attending the Blue Chip Recognition Breakfast on
NovHnber 3. 2007 (it ti1€ }-1I11011 Naples and Towers. $"10,00 to be paid from Commissioner
Coletta's travel huclqeL
Meeting Date:
10/23/2007 9 CiO (JO i\tJl
Prepared By
Lisa ReSllick
Executive Aide to the BCe
Date
BOiUd of County
CotllmissiOIH'rs
Bee Office
10/11/20071:42:03 PM
AplJrOved By
Sue Filson
Executive Manager to the BCC
Date
Board of County
Commissioners
Bce Office
10/11/20072:10 PM
Apprllved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
10/13/200711:42 AM
Agenda Item No. 1611
October 23, 2007
Page 1 of 3
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
Oetober 23, 2007
FOR BOARD ACTION:
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. Districts:
1. Ave Maria Stewardship Communitv District: FY07/08 Regular Board
Meeting Schedule.
2. Verona Walk Communitv Development District: FY 07/08 Regular Board
Meeting Schedule.
3. Naples Herita2e Communitv Development District: FY08 Board of
Supervisors Meeting Schedule.
4. Golden Gate Fire Control & Rescue District: 2007/2008 Revenue;
Declaration Letter of No Outstanding Bonds; FY07/08 Meeting Schedule;
District Map; Letter of Designation of Registered Agent.
5. East Naples Fire Control and Rescue District: 2007/2008 General Fund
Budget; Schedule of Regular Meetings and Workshops FY07/08; Letter of
Registered Office and Agent.
6. South Florida Water Mana2ement District: Big Cypress Basin Board
Minutes of May 30, 2007.
B. Minutes:
1. Vanderhilt Beach MSTU Advisorv Committee: Agenda for October] 8,
2007; Minutes of September 12.2007.
2. Environmental Advisorv Council: Agenda for October 3, 2007; Minutes
of September 5, 2007.
3. Immokalee COI1lmunitv Redevelopment and Advisorv Committee:
Agenda and Minutes for August 15,2007; Agenda and Minutes of
Septemher 5, 2007.
a) Immokalee Entcrnrise Zone Development Al!encv: Agenda and
Minutes of August] 5,2007.
b) Immokalee Local Redevelopment Advisory Board: Agenda and
Minutes of August ]5,2007.
H:\DA T A IFRONT DESK - 200712007 Miscellaneous Correspondencell 02307 misc
corr.doeH :DatalF ormat
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
e. Other:
1.
Agenda Item No. 1611
October 23. 2007
Page 2 of 3
Collier Countv Planning Commission: Revised Agenda for Oetober 4,
2007.
Collier Countv Public Vehicle Advisorv Committee: Agenda for October
1,2007.
Collier County Library Advisory Board: Agenda of September 26,2007
(no meeting in August or July).
Habitat Conservation Plan Advisory Committee: Agenda for October 8,
2007; Minutes of September 12,2007.
Golden Gate MSTU Advisory Committee: Agenda for October 9,2007;
Minutes of September 11,2007.
Black Affairs Advisorv Board: Minutes of September 24,2007.
Collier Count v Hispanic Affairs Advisory Board: Minutes of July 26,
2007; Minutes and Agenda of June 28, 2007.
Parks and Recreation Advisorv Board: Minutes of September 19, 2007.
Collier Countv Contractors' Licensing Board: Agenda for October] 6,
2007.
Conservation Collier Land Acquisition Advisory Committee: Agenda for
October 8, 2007.
Minutes of September 5, 2007 of the "Settlement Conference" of the State
of Florida Department of Community Affairs, Florida Wildlife Federation,
Collier County Audubon Society and Collier County.
2. Immokalee Airport Phase One Lake/Collier County Airport Authority Bid
No. 07-4129.
3. Fire Steering Committee: Agenda for September 27, 2007.
4. Collier County Public Safety Coordinating Council: Minutes of June 18,
2007.
a) Work Restitution Release Subcommittee Meeting: Minutes of
June 18,2007.
H:IDATAIFRONT DESK - 200712007 Miscellaneous Correspondencell02307 misc
corr.docH : DataIF ormat
rage J OJ I
Agenda Item No. 1611
October 23, 2007
Page 3 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
Meeting Date:
1611
Miscellaneous iterns to file for record with action as directed
10/23/20079:00:00 AM
Prepared By
Sam Tucker
Executive Aide to the BCe
Date
Board of County
Commissiollers
Bee Office
10/10/20079:44:38 AM
Approved By
Sue Filson
Executive Manager to the BCC
Date
Board of County
Commissioners
Bce Office
10/101200711:21 AM
Approved By
James V. Mudd
Board of County
Commissioners
COLlnty Manager
Date
County Manager's Office
10/13/200711:25 AM
Agenda Item No. 16K1
October 23, 2007
Page 1 of 12
EXECUTIVE SUMMARY
Recommendation to approve a Mediated Settlement Agreement and Stipulated Final
Judgment to be drafted ineorporating the same terms and eonditions as the Mediated
Settlement Agreement in the amount of $II9,500 for the acquisition of Pareel 134 in the
lawsuit styled Collier County v, First National Bank of Naples, Inc" et ai" Case No, 04-3587-
CA (Immokalee Road Project No, 66042). Fiscal Impaet: $73,033 [eompanion to Wendy's
Variance Petition V A-2007-AR-II577)
OBJECTIVE: That the Board approve a Mediated Settlement Agreement and Stipulated Final
Judgment to be drafted incorporating the same temlS and conditions as the Mediated Settlement
Agreement as full and final compensation to be paid for the acquisition of Parcel 134 in the lawsuit
styled Collier County Firsl Nalional Bank of Naples, Inc., el al., Case No. 04-3587-CA (lmmokalee
Road Project No. 66042).
CONSIDERATIONS: The County acquired the subject property by depositing the sum of$89,400
into the Court Registry on December 30, 2004. The owner valued the taking at $594,517 including
land value, severance damages and business damages. The business damage claim and much of the
severance damage claim was based on costs and damages to replace 15 feet of its landscape buffer
which was lost by the taking. The County and Respondent have negotiated a settlement of $119,500
for full compensation with eonditions. If the settlement is approved, the County is responsible for
the following costs:
.
Additional DepositlDisbursement Amount:
Expert Fees:
Attorney' s Fees:
TOTAL:
$30,100
To be determined
$42,933
$73,033
.
.
Attached is the Mediated Settlement Agreement. This settlement is conditioned upon the following:
I. Obtaining a binding official interpretation frolll the authorized County representative
of the Community Development and Environmental Services Division that the reduced depth of the
landscape buffer is sufficient under ternlS acceptable to both parties.
2. B.F. Fort Myers will provide a Quit Claim Deed to Collier County of its interest in
Parcel 134.
-
The Collier County Planning Director issued a letter dated October 16, 2006 which addressed the
size of the landscape buffer in the event of building renovations and redevelopment. The letter
applying various sections of the Land Development Code was not dispositive of the issue. To
resolve the question of whether the replacement of the 15 feet of the landscape buffer would be
required if the existing building was altered or renovated, the County processed and paid for a
varianee which is scheduled for the Board of County Commissioners agenda on October 23, 2007.
The Collier County Planning Commission issued a unanimous favorable recommendation at its
meeting on September 20, 2007. In the absence of a variance, the case will reopen as to the
business damage claim of $299,417 and severance damages/cost to cure of approximately $ I 50,000.
Agenda Item No. 16K 1
October 23, 2007
Page 2 of 12
FISCAL IMPACT: Funds in the amount of$73,033 will come from the Transportation Supported
Gas Tax Fund and/or Impact Fee Fund. Source of funds are Gas Taxes and Impact Fees.
The County has paid approximately $35,000 for planning fees and costs for the variance.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners:
1. Approve the Mediated Settlement Agreement;
2. Approve the Stipulated Final Judgment which incorporates the terms and conditions
of the Mediated Settlement Agreement to be presented to the Court for entry; and
3, Approve the expenditure and disbursement of funds as stated.
PREPARED BY: Heidi Ashton-Cicko, Assistant County Attorney, Office of the County Attorney
) ,
Agend~ltem. ~ N~~.;. ~;L..;.,~.;
October 23. r,'C:c:r-f'
page:i of 12 ""
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
COLLIER COUNTY, FLORIDA, a
political subdivision of the State of Florida,
Petitioner,
Case No.: 04-3587-CA
v.
Parcel No.: 134 .
FIRST NATIOINAL BANK OF NAPLES., et aI.
Respondents,
/
MEDIATED SETTLEMENT AGREEMENT
At the Mediation Conference held on September 22,2005, the parties reached the
foliowing Settlement Agreement:
1. Petitioner will pay to Respondent, B. F. Ft. Myers, Inc., d/b/a Wendy's
Old Fashioned Hamburgers Restaurants, the swn of $ II <1 500. 00
in full settlement of all claims for compensation from Petitio~er whatsoever, including.8~1^,.e:ss_
statutory interest, but excluding attorney's and experts' fees and costs. Said sum will be .bA1I14.'''~
subject to claims for apportionment, if any,
2.' Petitioner is entitled to a credit in the amount of $ '8 Cj', if 00, DO
which was previously deposited in the Registry of the Court in this case by Petitioner.
3. Counsel for Petitioner and Respondent 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 Respondent the balance due of$ 30 100.00
within .3 0 days of the actual date of receipt by Petitioner's cQ'lUlsel of a
cOl1formed copy of the aforesaid Stipulated Final Judgment from the Court,
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Agenda Item No. 16K1
October 23. 2007
Page 4 of 12
5. Collier County will pay $1:., <=\33. 00 in statutory
attorney's fees pursuant to Section 73.092(1 ); Fla. Stat. The Court will retain jurisdiction
to determine apportionment issues if any, and to deterrn~e experts' fees and costs and
supplemental attorney's fees, if any. -P... tS 5......NI. /",,<-1........\ 'rto ~'1 A....l
"10'\ rnu~'j 6-c-uf>/-S .
6. This Settlement Agreement is subject to review and approval by the Board
of County Commissioners of Collier County.
7, Attached hereto is an addendum to this Agreement.
/' Yes
No
8. This Agreement, dated September 22, 2005, and the attached addendum, if
any, contain(s) all of the agreements of the parties.
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Mediator
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Agenda Item No. 16K1
October 23, 2007
Page 5 of 12
ADDENDUM TO MEDIATED SETTLEMENT AGREEMENT
This settlement is made subject to the following additional conditions:
I. n, ~ 5-L'\T(~,..e..NT IS' c...-.9r1t>r T7qN~ ~C?N
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. Ot16ber 23, 2007
Page 6 of 12
ADDENDUM TO MEDIATED SETTLEMENT AGREEMENT
This settlement is IDade subject to the following additionaJ conditions:
(NTFJ2..fE:5-( (,.1 ?r"lR-~1 13+'''15. ~ ~(
rfV\'(~1 (rJc, hI (f-L. (f(2..e'vU)~ iv CcPIIc~
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3. - I ~-L rA-fL'De,s yd ((..'-- A--1IAc.H A copy
~ --y}{...t....- 'l3c ~ ~5TlUAc...TI CY-rJ (fLAN5 fo:'-fC-
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Item Summary:
Meeting Date:
iage I 01 I
Agenda ltern No. 16K1
October 23, 2007
Page 7 of 12
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1GK1
Recommendation to approve a Medialed Settlement Agreement and Stipulated Final
Jud(jment to be drafted incorporating the same terms and conditions as the Mediated
Selllernent I\greement in H1e amount of $119,500 for the acquisition of Parcel 134 in the
lawsuit styled Collier COLlllty v First National Bank of Naples. Inc" et al.. Case No. 04"3587-
CA (Irnllloknlee r::(oad Project No 66042). Fiscal Impact: S73.033 (Companion to Item 17A,
Wendys Variance Petition VA-2007-AR-11577)
10/23/2007 9:00:00 Af~1
Prepared By
Heidi F. Ashton
County Attorney
Assistant County Attorney
Date
County Attorney Office
9126/200711:27:41 AM
Approved By
Usa Taylor
Transportation Services
ManagementfBudget Analyst
Date
Approved By
Transport;ltion Administration
9/26/20072:33 PM
Sharon Newman
Transportation Services
Accounting Supervisor
Date
Transportation Services Admin
9/26120074:51 PM
AIJproved By
Najeh Ahmad
Transportation Services
Director
Date
Transportation Enginet;ring &
Constnrclion Man;1gement
912712007 7:56 AM
AI,proved By
Norm E. Feder, AICP
Transportation Services
Transportation Division Administrator
Date
Transportation Services Admin.
9/27/20078:23 AM
Approved By
Kevin Hendricks
Transportation S(;rvices
Right Of Way Acquisition Manager
Date
TEeM-HOW
10/2/200710:06 AM
Approved Hy
David C. Weigel
County Attorney
Count.y Altom~y
Date
COlJnty At/onley Offiu!
10/11/20072:57 PM
Approved By
OMS Coordinator
Administrative Services
Appliciltions Analyst
Date
Infotmillion Technology
10/15/200711:11 AM
AI'I)roved By
Susan Usher
County Manager's Office
Senior MarHl!Jement!BlIdget Allalyst
Date
Office of M<lrWlj0llwnt & Budget
10/15/200711:46 AM
Approved By
Michael Smykowski
County Manager's OFfice
Management & Budget Director
Date
Office of Manaqemellt & Budget
10/15/20072:09 PM
Approved By
James V, Mudd
Board of COllnty
Commissioners
County Manager
Date
County Manager's Office
10/16/20079:56 AM
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Agenda Item No. 16K1
October 23. 2007
Page 9 of 12
c
COLLffiR COUNTY GOVERNMENT
Community Development aDd Environmental Service& Division
Department of Zoning and Land DevelopmentReview
2800 North Horseshoe Drive. Naples, Florida 341 04
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October 16, 2006
Mr. Robert J. Mulhere, AlCP
RW A, Inc.
6610 Willow Park Drive, Suite 200
Naples, FL 34109
RE: ZLTR-2006-AR-I0353; Collier County v, First National Bank of Naples, ct al.
outparcell~ted at the southwest comer of Airport Pulling Road and Imrnokalee Road
presently developed with a Wendy's fast food restaurant as part of the Greentree Center
PUD zoning district
Dear Mr. Mulhere:
In response to your request for Zoning Verification, you note in your letter the purpose of
the request is to obtain written confirmation of the legal nonconforming status of the
subject structure. Additionally, you wish written commitment from the appropriate
County staff indicating exactly to what degree changes, alterations, and improvements
can be made without triggering a need to bring all, or certain portions of the site into
compliance with the Land Development Code (LDC) requirements in effect at the time of
permitting of such improvements.
In your letter you note a number of different occasions in which portions of the subject
property, currently improved with a Wendy's fast food restaurant, have been acquired by
the County in various forms for use as a public right-of-way. If your description of the
events associated with the history of the property as it relates to the building setbacks and
to the land aequisition by the County for roadway widening is factually and accurately
represented in your letter, then] can acknowledge through this response that under the
current Land Development Code provisions, the existing structure on site would be
classified as legal non-conforming. This letter is not intended to verify the accuracy of
your quoted dimensions or the events you describe, nor do you ask for such verification.
As to your question about the diseontinuance of the existing fast food restaurant use, you
then ask if the structure could retain its legal non-conforming status with respect to
setbacks and landscape bnffers should the current use discontinue or change. The
provisions of Section 1.04.04.B of the LDC, as recently amended, are not intended to
absolve property OWners of the requirements to bring the site or the structure up to certain
=
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Phone (239) 403-2400
Fax (239) 643-6968 or (239) 213-2913
\VWW.colliergov.net
Agenda Item No. 16K 1
October 23,2007
Page 10 of 12
development standards given a discontinuance of use. There are existing provisions of
the Land Development Code that address a discontinuance of use, in any event, and have
specific time frames and requirements to be met should an existing use be discontinued.
These sections are noted and summarized as follows: Sections 9.03.02. F. 2; 4,06.02;
3.05.08.A.4; 5.0S.08.B.4.
9.03.02. F.2. .... prior 10 Ihe r(U;ommeneement of any use of land, water or structure,
said deficiencies as may apply shall be remedied to Ihe grealest extent possible given the
physical constrain Is on the property, via Ihe appropriate adminislrative processes found
in Chapler Ten, or as otherwise required by the IDe.
4.06.02 Buffer Requirements
. . . . , .Existing landscaping which does nol comply with the provisions of this section
shall be brought into conformity to the maximum crtent possible when: the vehicular use
area is altered or expanded except for restriping of lots fdrives, Ihe building square
footage is changed. or Ihere has been a disconlinuance of use for a period of 60
consecutive days or more and a request for an occupational license 10 resume business is
made,
3.05.08. A4. In the case of the discontinuance of use or occupation of land or water or
structure for a period of 90 consecutive days or more, property owners shall, prior 10
subsequent use of such land or waler or structure, conform to the regulations specified
by this section.
5.05.08 B4. Abandonmenl or disconlinuance of use.
a. Buildings or projecls thai are abandoned (i.e. - their existing use ceases) are subject
to Ihis Section notwithslanding Section 9.03.02 F.:
i. Where Ihe use of a structure, building or project ceases for any reason, except
where government action impedes access to the premises, for a period in excess of one
year, Ihe provisions of Section 5.05.08 apply before re-occupancy. Compliance with Ihis
Seclion may require structural alteralions.
ii. The site design standards of this Section apply where the use of a structure
ceases for any reason, except where governmental action impedes access to the premises
for a period of more Ihan 180 conseculive days.
Any question regarding the extent of the applicability of these provisions and any other
provisions of the LDC can only be answered at the time when an individual takes action
to reestablish,the use within a structure, after it has been discontinued. The review of the
site conditions and use issues would he, triggered hy an application for any type of
development order, including a request for a zomng certificate, after use abandonment
andlor at the time of change in use, whichever is applicable.
You then ask that at what time will the sile and structure ever be required to conform to
the required setbacks and landscape buffering. Section 1.04.04. B of the LDC, reads in
part as follows;
Page 2 of 4
Agenda Item No. 16K1
October 23, 2007
Page 11 of 12
.'
Accordingly the resulting degree of nonconformity of the area and dimensions of a 101
and Ihe required yards with Ihis Code then current requirements will be deemed lawful
unless or untillhe remaining 101 or yard is recreated typically by redeveloDmen/. replal
or lot recombination, at which time such lots and yards must eomply wilh the
requirements then established by this Code,
The events noted above as "replat" and "lot recombination" are described in the current
LDC and have common meaning. The tenn "redevelopment" is also described in the
LDC in general and also within the specific context of various regulations. The term
"redevelopment" is not, however, specifically defined in the LDC as a form of a
measurable or definable quantity. Similarly, Section 1.04.04.8 of the LDC as it is
applicable to "improved Ibts" is absent any measurable quantity of what constitutes (or
does not constitute) an iinprovement(s). In my opinion, additions to, alterations to, or
destruction of the building all would be classified as redevelopment. Under these
cii"cumstances, the following provisions of the Land Development Code would apply to
non-conforming structures, including the subject structure, and can be found within
Section 9.03.03 8 I and 2 as summarized below,
"Destruction" of the structure for purposes of Ihis 'Subsection is hereby defined as
damage to Ihe exlent of more thanfifiy (50) percenl oflhe replacement cost al the time of
the destruction. Upon removal or destruction as sel out in this section. the use of land
, .
and strllc/ures shall therefore conform 10 the regulations for Ihe district in which such
land is located.
No such nonconforming strllcture may be enlarged or altered in a way which
increase'S its nonconformity, but any struclllre or portion thereof may be altered to
decrease its nonconformity; provided. however. that the alteration, expansion, or
replacement of nonconforming single-fami{v dwellings , duplexes or mobile homes
shall be permitted in accordance with seclion 9.0J03B.4.
Should such nonconforming structure or nonconforming portion of a structllre be
destroyed by any means 10 an extent of more than fifty (50) percent of its actual
replacement cost at lime of des/ruclion. as determined by a cost estimate submitted to the
site development review director, it shall not be reconstrucled excepl in conformity with
provisions of the LDC.
Therefore, a detailed answer to the question of timing of required compliance as a result
of redevelopment could only be provided at the time of a development order application
reviewed under the applicable provisions of the LDC in place at the time of development
order application.
Please be advised that tills verification is based on the Collier County Land Development
Code and/or Growth Management Plan in effect as of this date. It is possible that
subsequent amendment(s) to either of these could affect the validity of this verification.
Please also be advised that this verification was prepared in response to written
information ill its form as submitted by the applicant to County staff. It is possible that
Page 3 of 4
Agenda Item No. 16K1
October 23. 2007
Page 12 of 12
i
additional facts either not presented or unknown by either party at the time of this
response could affect the content of this written verification. Should you require
additional information. please do not hesitate to call our office at (239) 403-2400,
Researched and prepared by:
~Yh.~
~usan M. Istenes, AICP, Director
xc: Joseph K. Schmitt, CDES Administrator
Heidi Ashton, Assistant County Attorney
Bill Hammond, Building Director
Ray Bellows, Manager, Zoning Department
Ross Gochenaur, Manager, Zoning Department
Nick Casalanguida, Transportation Department
correspondence file
Page 4 of 4
Agenda Item No. 16K2
October 23, 2007
Page 1 of 9
EXECUTIVE SUMMARY
Recommendation to approve the Stipulated Order of Taking and Final Judgment for
Pareel181RDUE in the lawsuit styled Collier County v, Armando yzaguirre, etal" Case No.
07-2746-CA (Oil Well Road Project No, 60044), (Fiseal Impact $234,635)
OBJECTIVE: That the Board of County Commissioners approve the Stipulated Order of
Taking and Final Judgment for payment of full compensation, attorneys' fees and costs, for the
taking of Pareel 18 I RDUE in the lawsuit styled Collier County v. Armando Yzaguirre, etal.,
Case No. 07-2746-CA (Oil Well Road Project No. 60044).
,-
CONSIDERA TIONS: Collier County seeks to condemn a 70 foot wide strip of right-of-
way (Parcel 18 I RDUE) from home owners, Francisco Lopez and Osarys Santos, for the Oil Well
Road project. As a result of the proposed taking, the homestead would be located roughly 10
feet from the future right-of-way. See attached aerial and drawing. This setback reduction
creates a significant severance damage to the value of the home. Prior to suit, staff offered
$149,200. This offer was rejected and suit has been filed, with an Order of Taking hearing
seheduled for January, 2008. The compensation due owners has been estimated by the County's
appraiser at $124,200 and by the owner's appraiser at $198,700. After further evaluation and
meeting with the owners, County staff has agreed to total compensation in the amount of
$198,700, and attorney's fees and costs in the amount of$35,935. See attached Stipulated Order
of Taking and Final Judgment.
If approved, the County will pay the following into the Court registry for ultimate disbursement
to the owners. Upon deposit of these funds, title to Parcel 181 RDUE will vest in the County.
. Compensation:
. Expert Fees and Costs:
. Other Defense Costs:
. Statutory Attorney's Fees*:
TOTAL
$ 198,700.00
$ 17,600.00
$ 2,000.00
$ 16.335.00
$ 234,635.00
* Attorney's Fees are mandated by S 73,092. FS., and are based on 33% of the difference
between any settlement amount and the initial offer, i.e., 0.33 x ($198,700 - $149,2(0).
FISCAL IMPACT: Funds in the amount of $234,635 are available in Gas Taxes and Impact
Fees. Source of funds are Impact Fees and/or Gas Taxes.
GROWTH MANAGEMENT IMPACT: None,
RECOMMENDATION: That the Board of County Commissioners approve the Stipulated
Order of Taking and Final Judgment as to Parcel I 77RDUE, and authorize payment of the funds
as stated.
,-
PREPARED BY: Ellen T. Chadwell, Assistant County Attorney
04.0046/208
Item Number:
Item Summary:
Meeting Date:
t'age I or I
Agenda Item No. 16K2
October 23. 2007
Page 2 019
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K2
Recommendation to approve the Stipulated Order of Taking and Final Judgment for Parcel
181 RDUE in the lawsuit styled Collier County v. Armando Yzaguirre. eta!.. Case No. 07-
2746..CA (Oil W0111~oad Project No. 60044). (Fiscallrnpact $234,635)
10/23/2007 9:UU:00 !\M
Prepared By
Ellen T. Chadwell
County Attorney
Assistant COUllty Attorney
Date
County Attorney Office
1018/200712:06:00 PM
Approved By
Norm E. Feder, AICP
Transportation Services
Transportation Division Administrator
Date
Transportalioll Services Admin.
10/9/200710:06 AM
Approved By
Sharon Newman
Tnmsportalion Services
Accounting Supervisor
Date
Transportation Sfrrvices Admin
10/9/200710:36 AM
Allproved By
Lisa Taylor
Transportation Services
ManagHrnentlBlIdflet Analyst
Date
Tr~nsp(Jrtaliotl Adminislntion
1019/200711:03 AM
Allproved By
Najeh Ahmad
Transportation Services
Director
Date
TransportiltiOIl Engineering &
Construction Mani'!gernent
10/9/20074:55 PM
Approved By
Kevin Hendricks
Transportation Services
Right or Way Acquisition Manager
Date
TEeM.ROW
10/9120075:24 PM
Approved R)'
Ellen T, Chadwell
County Att0rney
Assistant County Atturney
Date
County l\tt,OnlflY Office
10/11/20073:17 PM
Allllroved By
David C. Weigel
County Attorney
Cuullty Attorney
Date
County Attorney Office
10/11/20073:57 PM
Approved By
OMS Coordinator
Administrative Services
l\pplication5 Analyst
Date
Inf')rm:ttioll Te(hnolo~JY
10/15/200711:15 AM
Approved Hy
Susan Usher
County Manager's Office-
Senior M<lllaqem8ntlBudget Analyst
Date
Office of Management & Budget
10/15/200712:24 PM
Approved By
Michael Smykowski
COllnty Manager's Office
Management & Budget Director
Date
Offir:e of MllI',1~lernellt & Budget
10/16/20074:12 PM
Apllroved By
James V. Mudd
Board of County
County Manager
Date
County Manaqer's Office
10/16120076:53 PM
Agenda Item No. 16K2
October 23, 2007
Page 3 of 9
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. 07-2746-CA
v.
ARMANDO B. YZAGUIRRE, et a!.,
Parcel: l81RDUE
Respondents.
/
STIPULATED ORDER OF TAKING AND FINAL JUDGMENT
THIS CAUSE having come before this Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, FRANCISCO R. LOPEZ and OSARYS
SANTOS, by and through their undersigned counsel, for entry of this Stipulated Order of Taking
and Final Judgment, and it appearing that proper notice was given to the all the persons having or
claiming any equity, lien, title or other interest in or to the real property described as Parcel
181 RDUE in the Petition in Eminent Domain, and the Court being fully advised in the premises,
it is therefore
ORDERED AND ADruDGED that:
I. The Court has jurisdiction of this cause, the parties hereto and the subject matter
hereof.
2. The pleadings in this cause are sufficient and the Petitioner is properly exercising
its delegated authority.
3. The property described herein as Parcel l81RDUE is being acquired for a public
purpose and is reasonably necessary to serve this public purpose.
Agenda Item No. 16K2
October 23, 2007
Page 4 of 9
4. The Declaration of Taking and Estimate of Value filed in this cause by the
Petitioner was made in good faith and based on a valid appraisal.
5. Respondents, Lopez and Santos, shall recover from Petitioner, Collier County, the
total sum of One Hundred Ninety-Eight Thousand Seven Hundred and No/IOO Dollars
($198,700.00) as full compensation for the property interest acquired as Parcel 181RDUE and
for all damages resulting to the remainder, business damages, and all other damages in
connection with the eondemnation of this parcel.
6. Respondents, Lopez and Santos will recover the sum of Six Thousand Five
Hundred and No/100 Dollars ($6,500,00) for appraisal expert witness fees and costs, Eight
Thousand and No/IOO Dollars ($8,000.00) for engineering fees, Three Thousand One
Hundred and No/100 Dollars ($3,100,00) for surveying costs and Two Thousand and No/IOO
Dollars ($2,000,00) for other defense costs.
7. Respondents, Lopez and Santos, shall receive pursuant to Section 73.092(1), Fla.
Stat., as a reasonable attorney's fee the sum of Sixteen Thousand Three Hundred Thirty Five
and No/100 ($16,335,00), based on a benefit of $49,500.00. No other attorney's fees and costs
shall be awarded in connection with this cause as it relates to Parcel 181 RDUE.
8. Within twenty (20) days from the date of this order, Petitioner shall deposit into
the Court Registry the aggregate sum of Two Hundred Thirty-Four Thousand Six Hundred
Thirty Five Dollars and No/tOO Dollars ($234,635,00) including $198,700.00 for
compensation for the benefit of Francisco R. Lopez and Osarys Santos, and $35,935.00 in
attorney's fees and costs. Upon payment of deposit into the Registry of this Court, the right, title
and interest described in Exhibit" A" attached hereto and made part of hereof by reference shall
vest in Petitioner.
9. Upon deposit, as set forth above, and without further notice of this Court, the
Agenda Item No. 16K2
October 23, 2007
Page 5 of 9
Petitioner shall be entitled to possession of the property described herein.
10. Immediately after the deposit is made the Clerk shall disburse the sum of Thirty-
Five Thousand Nine Hundred Thirty Five and No/IOO Dollars ($35,935.00) made payable to
Bella Y. Patel, P.A. Trust Account, c/o Bella Y. Patel, Esq. 13026 Waterford Run Drive,
Riverview, FL 33569, for disbursement of attorney's fees and Costs as provided herein. The
balance of funds will remain in the Court registry until further order of this Court.
II. The compensation awarded herein to Respondents, Lopez and Santos, is subject
to the apportionment claims of the mortgagees identified in this proceeding.
12. The Notice of Lis Pendens filed in the above-styled cause and recorded in Official
Records Book 4271, Page 1339 of the Public Records of Collier County, Florida be dismissed as
to ParceI18IRDUE.
13. The Stipulated Order of Taking and Final Judgment will be recorded in the
Official Records of Collier County, Florida.
14. This Court reserves jurisdiction to issue a future order on disbursement of the
compensation award and conduct apportionment proceedings, if needed.
DONE AND ORDERED in Naples, Florida this _day of
,2007,
CYNTHIA A. ELLIS
Cireuit Court Judge
Conformed eopies to:
Ellen T. Chadwell, Esq.
Bella Y. Patel, Esq.
Mortgage Electronic Registration Systems, Inc.
The Bank of New York Trust Company, N.A.
Kevin Hendricks, ROW Acquisition Manager
Accounting
Agenda Item No. 16K2
October 23, 2007
Page 6 of 9
JOINT MOTION FOR STIPULA TED ORDER OF TAKING AND FINAL JUDGMENT
AS TO PARCEL 18IRDUE
Petitioner, Collier County, together with Respondents, Francisco R. Lopez and Osarys
Santos, by and through their counsel, hereby move for entry of the foregoing Stipulated Order of
Taking and Final Judgment as to Parce1181RDUE.
Date:
BELLA Y. PATEL, ESQ.
Florida Bar No. 896489
LAW OFFlCE OF BELLA Y. PATEL, P.A.
13026 Waterford Run Drive
Riverview, FL 33569
(813) 643-2762 - Telephone
(813) 643-2612 - Facsimile
ATTORNEY FOR RESPONDENTS,
Madga Moraga and Guillermo Alonso
Date:
ELLEN T. CHADWELL~
Florida Bar No. 983860 ,--",/
OFFlCE OF THE COUNTY ATTORNEY
Hannon Turner Building, 8th Floor
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400 - Telephone
(239) 774-0225 - Facsimile
ATTORNEY FOR PETITIONER
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of foregoing Joint Motion for
Stipulated Order of Taking and Final Judgment has been furnished by U.S. Mail to all the parties
listed in the attached Service List on this _ day of
,2007.
ELLEN T. CHADWELL, ESQ,
Agenda Item No. 16K2
October 23. 2007
Page 7 of 9
SERVICE LIST
Francisco R. Lopez
Osarys Santos
c/o Bella Y. Patel, Esq.
Law Office of Bella Y. Patel. P.A.
13026 Waterford Run Drive
Riverview, FL 33569
Mortgage Electronic Registration
Systems, Inc., as nominee for
Suntrust Mortgage, Inc.
c/o CT Corporation System, its R.A.
1200 South Pine Island Road
Plantation, FL 33324
The Bank of New York Trust Company, N.A,
700 South Flower Street, Suite 200
Los Angeles, CA 90017
Agenda Item No. 16K2
October 23, 2007
Page 8 019
Exhibit "A"
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Agenda Item No. 16K3
October 23,2007
Page 1 of 9
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves, and authorizes its
Chairman to sign, a Tri-Party Developer Contribution Agreement which will implement
Resolution 05-235 (Development Order 05-01) by providing for the Developer's (Ave Maria
Development, LLLP) dedication of 46 acres within Ave Maria for Collier County public
school sites in exchange for credits against educational impact fees.
OBJECTIVE: That the Board of County Commissioners (Board) approves a Tri-Party
Developer Contribution Agreement between Collier County, Ave Maria Development, LLLP,
and the School District of Collier County which will implement Resolution 05-235(Development
Order 05-01), as it relates to the dedication of 46 acres within Ave Maria to the School District
for public school sites (elementary and middle schools) in exchange for educational impact fees
credits.
CONSIDERATIONS: Ave Maria Development, LLLP (Developer) is the owner of
approximately 5,027+/- acres within the Rural Lands Stewardship Area Overlay District (RLSA)
in unincorporated eastern Collier County. On June 14,2005, the Board adopted: I) Resolution
No. 05-235 (Development Order 05-0 I), which approved a Development of Regional Impact
Order; and 2) Resolution No. 05-234A, which designated the property as a Stewardship
Receiving Area, known as the Town of Ave Maria. Development Order 05-01 provides, "The
applicant shall dedicate a site of at least 46 acres within Ave Maria to the School District for an
elementary and middle school. The site will have direct access to the "loop" road and will
provide convenient access, both vehicular and pedestrian, from the surrounding neighborhoods."
In exchange for this 46-acre dedication, the Developer is requesting educational impact fee
credits in the amount of $2,745,000, which is the average of two appraisals obtained for the
dedicated land. The proposed Tri-Party Developer Contribution Agreement will implement the
dedication process and set forth the educational impact fees credits available to the Developer.
GROWTH MANAGEMENT IMPACT: This Agreement is consistent with the Growth
Management Plan.
FISCAL IMPACT: None. The educational impact fee credits provided to the Developer will
equal the current market value of the donated land.
LEGAL CONSIDERATIONS: The proposed Agreement was drafted by the Office of the
County Attorney and is legally sufficient for thc Board's consideration and approval.
RECOMMENDATION: That the Board of County Commissioners approves, and authorizes
its Chairman to sign, a Tri-Party Developer Contribution between Collier County, Ave Maria
Development, LLLP. and the School District of Collier County which will implement Resolution
05-235 (Development Order 05-01) as it relates to the dedication of46 acres within Ave Maria to
the School District for public school sites in exchange for educational impact fees credits.
-
PREPARED BY: Jeffrey A. Klatzkow. Chief Assistant County Attorney
. ~b- . V' .
Agenda Item No. 16K3
October 23, 2007
Page 2 01 9
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date:
16K3
HecolTllllendation that the Board of County Commissioners approves. and authorizes its
Chairman to sign. a lri-Party Developer Contribution Agreement which will implement
Resolution 05-235 (Development Order 05-01) by providing for the Developers (Ave Maria
Development. LLLP) dedication of 46 acres within Ave Maria for Collier County public school
sites in exctlange lor credits against educational impact fees
10/23/20079:00:00 AM
Item Number:
Item Summary:
AplJroved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
10/9/20074:56 PM
Approved By
David C. Weigel
County Attorney
Date
County Attorney
County Attorney Office
10/11/20073:12 PM
Approved By
OMS Coordinator
Applications Analyst
Date
Administrative Services
Information Technolo!lY
10/151200711:16 AM
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
10115/20072:01 PM
AplJroved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
10115120073:40 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
10/16120074:15 PM
Agenda Item No. 16K3
October 23,2007
Page 3 of 9
TOWN OF AVE MARIA
TRl-PARTY DEVELOPER CONTRIBUTION AGREEMENT
THIS TRl-PARTY DEVELOPER CONTRIBUTION AGREEMENT (the "Agreement")
is made and entcrcd into this ___ of _ , 2007, by and between AVE
MARlA DEVELOPMENT, LLLP, a Florida Limited Liability Limited Partnership ("Ave
Maria" or "Developer"), THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORlDA AS THE GOVERNING BODY OF COLLIER COUNTY (the "County"),
and THE SCHOOL DISTRICT OF COLLIER COUNTY, FLORIDA (the "District"). All
capitalized terms not defined herein shall have the same meaning as set forth in the Collier
County Consolidated Impact Fee Ordinance, Ordinance No. 2001-13 (the "Impact Fee
Ordinance"), codified as Chaptcr 74 of the Collier County Code of Laws and Ordinances.
RECITALS:
WHEREAS, Ave Maria is the owner of approximately 5027 +/- acres of property located
",ithin the Rural Lands Stewardship Area Overlay District ("RLSA") in unincorporated castern
Collier County, Florida; and
WHEREAS, with respect to said property, on June 14, 2005, the County adopted (I)
Resolution Numbcr 2005-235, (Development Order No. 05-01), which approved a Development
of Regional Impact Development Order; and (2) Resolution No. 2005-234A, which designated
the property as a Stewardship Receiving Area ("SRA"), known as the Town of Ave Maria
(hereinafter referred to as the "Development"), which Development is described and graphically
depicted in Exhibit "A"; and
WHEREAS, Section 8A of the Conclusion of Law of Development Order No. 05-01
adopted on June 14,2005 provides 'The Applicant shall dedicate a site of at least 46 acres within
Ave Maria to the School District for an elementary imd middle school. The site will have direct
access to the "loop" road and will provide convenient acccss, both vehicular and pedestrian, from
the surrounding neighborhoods"; and
WHEREAS, Section 8B of the Conclusions of Law of Development Order No. 05-01
requires the dedication of a high school site outside of the TO\',11 of Ave Maria, which site and
dedication will be the subject of a separate, future Tri-Party Agreement after the exact location of
the site has been determined; and
WHEREAS, Ave Maria, as Developer, in exchange for a credit against Educational
Impact Fees as further set forth herein, agrecs to transfer the real property described in Exhibit
"BOO ("Dedicated Land") attached herewith. to the District for an elemcntary and middle school
SIleo
WITNESSETH
NOW THEREFORE, in consideration of Ten Dollars ($10.00) and other good and
Agenda Item No. 16K3
October 23, 2007
Page 4 of 9
valuable consideration exchanged amongst the parties, and in consideration of the mutual
promises, commitments and covenants contained herein, the parties agree as follows:
I. The parties agree and acknowledge that the recitals above are true and correct and
that it is the intent of the parties by entering into this Agreement to create a legally binding
contract wherehy Dcveloper donates and conveys land for an elementary and middle school site
to the District and the County grants and issues to Ave Maria the Impact Fee Credit.
2. The District shall have a Due Diligence Period of Sixty Five (65) days from the
date that this Agreement is fully executed to conduct feasibility studies, environmental
assessments, surveys and any other study or report deemed necessary to evaluate the site and
determine if it meets all requirements for the construction of an elementary and middle school.
3. It is understood that the site will have direct and pcrmanent access from the
"loop" road knovm as Anthem Parkway, pedestrian access, offsite storm water management,
water and sewer connection availability, and no wetland or environmental impediments or
mitigation costs associated with the utilization of the site.
4. In accordance with State law, the District obtained two (2) appraisals for the
Dedicated Land from Coastal Appraisal Services, Inc. and Integra Realty Resources, independent
state certified appraisers, lO establish the value of consideration for the school site. The
consideration of $2,745,000 is the average of the two appraisals and shall constitute the amount
of credit available to Developer as a prcpayment of Educational Impact Fees upon conveyance of
the Dedicated Land to District.
5. After conducting its Due Diligence, District will notify Developer as to the
acceptability of thc Dcdicatcd Land described in Exhibit "]3". If the Dedicated Land is
acceptable, Developer will convey said land by Warranty Deed and District will accept the
Dedicated Land as prepayment of a portion of thc anticipated Educational Impact Fees to be
imposed by the County in connection with the Development (the "Dedication"). It is anticipated
by the parties that the Dedication shall occur on or before November 16, 2007. In the event that
the District determines within the Due Diligence Period that that the Dedicated Land is not
acceptable, the parties acknowledge and agreed that a docunlent voiding this Agreement shall be
executed and recorded in the public records ofCollicr County, Florida.
6. Developer agrees that it will not submit its OINn alternative school impact fee
calculation, but instead will abide by the duly adopted school impact fees in effect at the time of
Building Penuit applications.
7. The duration of, and availability of credits pursuant to, this Agreement shall not
be for a period in excess of five (5) years from the date of this Agreement.
8. The Impact Fee Credit identified herein shall run with the Development. The
Impact Fee Credit shall be reduced and exhausted on a unit by unit basis or otherwise expire in
accordance with the terms of this Agreement. The Impact Fee Credit set forth herein shall not
,
Agenda Item No. 16K3
October 23. 2007
Page 5 of 9
offset, diminish or reduce any other charges, fees or other educational impact fees for which
Developer, its successors and assigns, are responsible in connection with the development of
their other lands. It shall be Developer's, or its successors' and assigns', obligation to notify the
County that the Impact Fee Credit is available each and every time that educational impact fees
may become due.
9. The burdens of this Agreement shall be binding upon, and the benefits of this
Agreement shall inure to, all successors in interest to the parties to this Agreement. Developer
may freely assign or transfer the Impact Fee Credit to successor owners of all or part of the
Development as provided for in the Ordinance.
10. Developer acknowledges and agrees that the failure of this Agreement to address
any permit, condition, term or restriction shall not relicve either Developer, or its successors or
assigns, of the necessity of complying with any law, ordinance, rule or regulation governing
applicable permitting requirements, conditions, terms or rcstrictions.
II. At County's option, an annual examination and audit of compliance may be
performed by the County to determine compliance with, and performance under, this Agreement,
including whether or not there has been demonstrated good faith eompliance with the terms of
this Agreement and to review the balanee of available Impact Fee Credit.
12. In the event state or federal laws are enacted after the execution of this
Agreement, which are applicable to and preclude in whole or in part the parties' compliance with
tbe terms of this Agreement. then in such event this Agreement shall be modified or revoked as
is nccessary to comply with such laws, in a manner which bcst reflects the intent of this
Agreement.
13. This Agreement shall be governed by and construed under the laws ofthe State of
Florida. The parties shall attempt in good faith to resolve any dispute concerning this Agreement
through negotiation between authorized representatives. If these efforts are not successful, and
there remains a dispute under this Agreement, the parties shall first use the County's thcn current
Alternative Dispule Resolution Procedure. Following the conclusion of this procedure, either
party may then file an action in the Circuit Court of Collier County, which shall be the exclusive
venue with respect 10 any disputes arising out of this Agreement. This Agreement shall not be
construed or characterized as a devclopment agrcement under the Florida Local Government
Agrecment Act.
14. This Agreemenl shall bc recorded by the County in the Official Records of Collier
County, Florida, within fourteen (14) days after the County enters into this Agreement.
Developer shall pay all costs of recording this Agreement.
15. This Agreement is the entire agreement between the parties, and supersedes all
previous oral and writtcn representations, agreements and understandings between the parties,
including, but not limited to, the correspondence dated February 9, 2005, between Developer's
counsel, George L. Varnadoe and Alvah Hardy, II, Executive Director of Facilities Management,
which correspondence is considercd by all parties to be mere proposals only and of no legal
3
equitable force or effect.
Agenda Item No. 16K3
October 23, 2007
Page 6 of 9
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first above written.
ATTEST:
DWIGHT E. BROCK., Clerk
By:
, Deputy Clerk
Attest: (I.
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Approved as to form and
1~1iciency:
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Richard Withers
School Board Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY FLORIDA
By:
JAMES COLETTA, CHAIRMAN
THE SCHOOL DISTRICT OF COLLIER
COUNTY, FLORIDA
By
_. '-,:.
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Steven J. Donovan. Chaimlan
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4
Agenda Item I~o. 16K3
October 23, 2007
Page 7 of 9
A VE MARIA DEVELOPMENT, LLLP a
Florida limited liability limited partnership
By: BARRON COLUER COEPOR.,\T10N.
CicncrliJ Panner
/
By:
Paul Marinelli
Its President
\Vitnesses:
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STATE OF FLORIDA
COUNTY OF COLLIEE
'?J. ;,!l;.e.. io:~going instrunlent was acknowledged before me this ~~ day of
~ 2007, by Paul Marinelli. as its President of Ave Maria Development,
LLLP, a Florida limited liability limited partnershlp. He is personally knov-m to me, or he has
produced driver's license no. ____ a~ identification
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NOTARY PUBLIC
SUSAN L. MATURO
Printed Name
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Approved as to form and legal sufficiency:
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Exhibit B
Agenda Item No. 16K3
October 23,2007
Page 9 of9
Legal Description
A ve Marie Land Acquisition
Commencing at the Northwest corner of Section 32, Township 47 South, Range 29 East,
Collier County, Florida,
Thence along the west line of said Section 32, South 00"06'58" East 950.41 feet;
Thence leaving said west line North 89053 '02" East 2310.17 feet to the POfNT OF
BEGINNING
Thence North 81042'41" East 279.14 feet;
Thence South 65"34'43" East 80.72 feet;
Thence North 89059'47" East 219.] 6 feet;
Thence North 82042'28" East 41.19 feet;
Thence North 58"02'38" East 138.72 feet;
Thence North 41 "09'18" East 91.38 feet;
Thence North 73057'36" East 83.05 feet;
Thence North 84051 '58" East 305.34 feet;
Thence North 86"38'43" East 343.90 feet;
Thence North 87"28'42" East 503.72 fect;
Thence North 88046'01" East 63.98 feet;
Thence South 00"00'00" East 1 ,261.07 feet;
Thence South 86047'52" East 10.D1 feet;
Thence 79.38 feet along the arc of a non-tangential circular curve concave northwest
having a radius of 50.00 fect through a central angle of 90057' 52" and being subtended
by a chord which bears South 46"07'23" West 71.30 feet to a point of compound curve;
Thence 838.99 feet along the arc ofa circular curve concave north having a radius of
1.684.00 feet through a central angle of28032'44" and being subtended by a chord which
bears
North 74"07'19" West 830.34 feet;
Thence North 59050'57" West 126.54 fcet;
Thence 1,204.32 feet along the arc of a circular curve concave south having a radius of
1,016.00 feet through a central angle of67054'57" and being sub tended by a chord which
bears
South 86011 '34" West 1.135.04 feet to a point on the east line of those lands as described
in Official Records Book 4109, pages 3337,3376, of the public records of Collier County,
Florida;
Thence along said east line North 000 00'00" Wcst 847.42 feet to the POINT OF
BEGll'>.'NfNG.
Agenda Item No. 16K4
October 23, 2007
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation to approve the Stipulated Order of Taking and Final Judgment for
Parcel 177RDUE in the lawsuit styled Collier County v. Jorge A. Romero, etal., Case No. 07-
2681-CA (Oil Well Road Project No. 60044). (Fiscal Impact $240,630.65)
OBJECTIVE: That the Board of County Commissioners approve the Stipulated Order of
Taking and Final Judgment for payment of full compensation, attorneys' fees and costs, for the
taking of Parcel 177RDUE in the lawsuit styled Collier County v. Jorge A. Romero, eta/., Caqe
No. 07-2681-CA (Oil Well Road Project No. 60044).
-
CONSIDERATIONS: Collier County seeks to condemn a 70-foot wide strip of right- of-
way (Parcel 177RDUE) tram home owners, Guillermo Alonso and Madga Moraga. As a result
of the proposed taking, the homestead would be located 55 feet from the right-of-way, instead of
the 125 feet in the existing condition. See attached drawing. According to both appraisers, this
setback reduction created a compensable severance damage by diminishing the value of the
improvements on the remainder. Prior to suit, staff offered the owners $183,695. The offer was
rejected and suit has been filed, with an Order of Taking hearing scheduled for January, 2008.
The compensation due to owners has been estimated by the County's appraiser at $165, I 00 and
by the owner's appraiser at $237,300. Through negotiation the parties have agreed to total
compensation in the amount of $210,000, and attorney's fees and costs in the amount of
$30,630.65. See attached Stipulated Order of Taking and Final Judgment.
If approved, the County will pay the following into the court registry for further disbursement to
the owners. Upon deposit of these funds, title to Parcel I 77RDUE will vest in the County.
. Compensation:
. Expert Fees and Costs:
. Other Defense Costs:
. Statutory Attorney's Fees*:
TOTAL
$ 210,000.00
$ 19,950.00
$ 2,000.00
$ 8.680.65
$ 240,630.65
* Attorney's Fees are mandated by !i 73.092, FS., and are based on 33% of the difference
between any settlement amount and the initial afTer, i.e., 0.33 x ($210,000 - $183,695).
FISCAL IMPACT: Funds in the amount of $240,630.65 are available in Gas Taxes and
Impact Fees. Source of funds are Impact Fees andlor Gas Taxes.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDA TION: That the Board of County Commissioners approve the Stipulated
Order of Taking and Final Judgment as to Parcel I 77RDUE, and authorize payment of the funds
as stated.
-
PREPARED BY: Ellen T. Chadwell, Assistant County Attorney
040046/127
Item Number:
Item Summary:
Meeting Date:
. ....5... . v, .
Agenda Item No. 16K4
October 23, 2007
Page 2 01 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
'IGK4
r~ecommendation to approve the Stipulated Order of Taking and Final Judgment for Parcel
177RDUE in the lawsuit styled Collier County v. Jorge A. Romero. eta I . Case No. 07 -2681-
CA (Oil Well Road Project hlo 60044), (FisCal Impact $240,63065)
10/23/20079:00:00 AM
PrCI)ared By
Ellen T. Chadwell
County Attorney
Assistant County Attorney
Date
County Attorney Office
10/8/200712:11:42 PM
Apl)roved By
Norm E. Feder, AICP
Transportation Services
Transportation Division Administrator
Date
1 ransportation Services Admin.
10/9/200710:05 AM
AIJproved By
Sharon Newman
Transportation Services
Accounting Supervisor
Date
Transportation Services Admin
10/9/200710:57 AM
Approved By
Usa Taylor
Transportation Services
Management/Budget Analyst
Date
Transportation Administration
10/9/200711:03 AM
AI)proved By
Najeh Ahmad
Transportation Services
Director
Date
Transportation Engineering &
Construction Management
10/9/2007 4~30 PM
AIJproved By
Kevin Hendricks
Transportation Services
Right Of Way Acquisition Manager
Date
TECM-ROW
10/9120075:23 PM
AplJroved By
Ellen T. Chadwell
Coullty Attorney
Assistant County Attorney
Date
County Attorney Office
10/11/20073:17 PM
AIJproved By
David C. Weigel
COllnty Attorney
County Attorney
Date
County Attorney Office
10/11/20073:54 PM
AIJIJrovcLl By
OMS Coordinator
Administrative Services
Applications Analyst
Date
Inforrnation Technology
10/15/200711:15AM
Approved By
Susan Usher
County Manager's Office
Senior ManagemeJltlBudyet Analyst
Date
Apllroved By
Office of Management & Budget
10/15/200712:10 PM
Michael Smykowski
County Manager's Office
Management & Budget Director
Date
Office of Management & Budget
10/15/20072:12 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10/16120076:09 PM
Agenda Item No. 16K4
October 23. 2007
Page 3 of 8
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. 07-2681-CA
v.
JORGE A. ROMERO, et aI.,
Parcel: 177RDUE
Respondents.
1
STIPULATED ORDER OF TAKING AND FINAL JUDGMENT
THIS CAUSE having come before this Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, GUILLERMO ALONSO and MADGA L.
MORAGA, by and through their undersigned counsel, for entry of this Stipulated Order of
Taking and Final Judgment, and it appearing that proper notice was given to the all the persons
having or claiming any equity, lien, title or other interest in or to the real property described as
Parcel 177RDUE in the Petition in Eminent Domain, and the Court being fully advised in the
premises, it is therefore
ORDERED AND ADJUDGED that:
1. The Court has jurisdiction of this cause, the parties hereto and the subject matter
hereof.
2. The pleadings in this cause are sufficient and the Petitioner is properly exercising
its delegated authority.
3. The property described herein as Parcel 177RDUE is being acquired for a public
purpose and is reasonably necessary to serve this public purpose.
Agenda Item No. 16K4
October 23, 2007
Page 4 of 8
4. The Declaration of Taking and Estimate of Value filed in this cause by the
Petitioner was made in good faith and based on a valid appraisal.
5. Respondents, Alonso and Moraga, shan recover from Petitioner, Collier County,
the total sum of Two Hundred Ten Thousand and NoI100 Dollars ($210,000.00) as full
compensation for the property interest acquired as Parcel I77RDUE and for all damages
resulting to the remainder, business damages, and all other damages in connection with the
condemnation of this parcel.
6. Respondents, Alonso and Moraga, win recover the sum of Seven Thousand
Seven Hundred and NoI100 Dollars ($7,700.00) for appraisal expert witness fees and costs,
Eight Thousand Seven Hundred Fifty and NoI100 Dollars ($8,750.00) for engineering fees,
Three Thousand Five Hundred and No/I00 Dollars ($3,500.00) for surveying costs and Two
Thousand and No/I00 Dollars ($2,000.00) for other defense costs.
7. Respondents, Alonso and Moraga, shan receive pursuant to Section 73.092(1) Fla.
Stat., as a reasonable attorney's fee the sum of Eigbt Thousand Six Hundred Eighty and
65/100 ($8,680.65), based on the benefit of $26,305.00. No other attorney's fees and costs shall
be awarded in connection with this cause as it relates to Parcel 177RDUE.
8. Within twenty (20) days from the date of this order, Petitioner shall deposit into
the Court Registry the aggregate sum of Two Hundred Forty Thousand Six Hundred Thirty
and 651100 Dollars ($240,630.65), which includes $210,000 in compensation for the benefit of
Alonso and Moraga and $30,630.65 in attorney's fees and costs. Upon the payment of deposit
into the Registry of this Court, the right, title and interest described in Exhibit "A" attached
hereto and made a part hereof by reference shall vest in Petitioner.
9. Upon deposit, as set forth above, and without further notice of this Court, the
Petitioner shall be entitled to possession of the property described herein.
Agenda Item No. 16K4
October 23. 2007
Page 5 of 8
10, Immediately after the deposit is made the Clerk shall disburse the total sum of
Thirty Thousand Six Hundred Thirty and 65/100 Dollars ($30,630.65), made payable to
Bella Y. Patel, P.A. Trust Account, cia Bella Y. Patel, Esq., 13026 Waterford Run Drive,
Riverview, FL, 33569, for disbursement of attorney's fees and costs in accordance herewith.
The remaining balance of funds will remain in the Court registry until further order of this court.
11. The compensation amount awarded herein to Respondents, AlOnSO and Moraga, is
subject to the apportionment claim, if any, of the mortgagee identified in this proceeding.
12. The Notice of Lis Pendens filed in the above-styled cause and recorded in Official
Records Book 4269, Page 3141 of the Public Records of Collier County, Florida is dismissed as
to Parcel 177RDUE.
13, The Stipulated Order of Taking and Final Judgment will be recorded in the
Official Records of Collier County, Florida.
14. This Court reserves jurisdiction to Issue further order on disbursement of
compensation and conduct apportionment proceedings, if needed.
DONE AND ORDERED in Chambers in Naples, Florida this _day of
,2007.
CYNTHIA A. ELLIS
Circuit Court Judge
Conformed copies to:
Ellen T. Chadwell, Esq.
Bella Y. Patel, Esq.
Mortgage Electronic Registration Systems, Inc.
Kevin Hendricks, ROW Acquisition Manager
Accounting
Agenda Item No. 16K4
October 23,2007
Page 6 018
JOINT MOTION FOR STIPULATED ORDER OF TAKING AND FINA.L JUDGMENT
AS TO PARCEL 177RDUE
Petitioner, Collier County, together with Respondents, Guillermo Alonso and Madga L.
Moraga, by and through their counsel, hereby move for entry of the foregoing Stipulated Order
of Taking and Final Judgment as to Parcel I 77RDUE.
Date:
Date:
BELLA Y. PATEL, ESQ.
Florida Bar No. 896489
LAW OFFICE OF BELLA Y. PATEL, P,A.
13026 Waterford Run Drive
Riverview, FL 33569
(813) 643-2762 - Telephone
(813) 643-2612 - Facsimile
ATTORNEY FOR RESPONDENTS,
Madga Moraga and Guillermo Alonso
ELLEN T. CHADWEL~
Florida Bar No. 983860
OFFICE OF THE COUNTY ATTORNEY
Harmon Turner Building, 8th Floor
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400 - Telephone
(239) 774-0225 - Facsimile
ATTORNEY FOR PETITIONER
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of foregoing Joint Motion for
Stipulated Order of Taking and Final Judgment has been furnished by U.S. Mail to all the parties
listed in the Service List on this _ day of
,2007.
ELLEN T. CHADWELL, ESQ.
Agenda Item No. 16K4
October 23. 2007
Page 7 of 8
SERVICE LIST
Guillermo Alonso
Magda L. Moraga
cia Bella Y. Patel, Esq.
Law Office of Bella Y. Patel. P.A.
13026 Waterford Run Drive
Riverview, FL 33569
Mortgage Electronic Registration
Systems, Inc.
c/o CT Corporation System, its R.A.
1200 South Pine Island Road
Plantation, FL 33324
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Agenda Item No. 16K5
October 23, 2007
Page 1 of 17
EXECUTIVE SUMMARY
Recommendation to authorize an Offer of Judgment for Parcels 838A and 838B by Collier
County to property owner, Nancy L. Johnson Perry, and reject the Offer of
Judgment/Proposal for Settlement by Nancy L. Johnson Perry to the County in the lawsuit
styled CC v. Nancy L. Johnson Perry, Individually and as Successor Trustee, et al., Case No.
03-2373-CA (Golden Gate Parkway Project No. 60027)(Fiscal Impact: If accepted, $2,000)
OBJECTIVE: That the Board of County Commissioners authorize and approve a
proposed Offer of Judgment for Parcels 838A and 838B by Collier County to property owner,
Nancy L. Johnson Perry, and reject the Offer of Judgment/Proposal for Settlement by Nancy L.
Johnson Perry to the County in the lawsuit styled CC v. Nancy L. Johnson Peny, Individually
and as Successor Trustee, et aI., Case No. 03-2373-CA
CONSIDERATIONS: On September 25, 2003, Collier County acquired drainage and
utility easements designated as Parcels 838A and 838B by depositing $33,900 and $30,100 for
the respective parcels, totaling $64,000. Prior to suit the legal description for Parcel 838A was
revised in light of proposed right-of-way to be acquired by FDOT as part of its interchange
project. Although the parcel was reduced, the updated appraisal did not reflect this. FDOT did
not acquire all the proposed right-of-way, and some improvements were constructed or relocated
within property still privately owned by Perry. On September 13, 2007, Perry served the
County with the attached Of1er of JudgmentlProposal for Settlement in the amount of $99,999,
conditioned upon the County revising the Order of Taking to acquire the parcel as originally
described and either condemning the FDOT encroachments/improvements or removing them.
Staff has advised that these encroachments werc not part of the County's improvements to
Golden Gate Parkway and are not located within County right-of-way; consequently the County
has neither the responsibility for these structures nor the legal ability to mandate their removal or
condemn them and should reject the offer. (An extension of time to October 23, 2007, was
granted by Perry to allow County time to approve or reject the of1er.)
In addition, the County would like to make its own Offer of Judgment for Parcels 838A and
838B in the amount of$64,500, inclusive of all expert witness fees and defense costs, and $1,500
for attorney's fees. Because of the potential risk if the owner fails to recover an amount equal or
greater than $64,500. Peny must carefully asscss her case and consider this offer.
If approved, the County will pay the following costs:
. Additional Compensation:
. Expert Fees:
. Attorney's Fees:
TOTAL
$ 500
$ 0
$ 1.500
$ 2,000
Attached is the proposed Offer of Judgment by County to Perry.
,......
FISCAL IMP ACT: Funds in the amount of $2,000 are available in the FY08 adopted budget.
Source of funds are Impact Fees and/or Gas Taxes.
Agenda Item No. 16K5
October 23, 2007
Page 2 of 17
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners:
I. Approve the making of the attached Offer of Judgment for Parcels 838A and
838B to Nancy L. Johnson Perry, and authorize the payment of funds, if offer is
accepted.
2. Reject the Offer of JudgmentlProposal for Settlement made by Nancy L. Johnson
Perry to Collier County.
PREPARED BY: Ellen T. Chadwell, Assistant County Attorney
2
Item Number:
Item Summary:
Meeting Date:
A ~o~ . VA'
Agend' Item No. 16K5
October 23, 2007
Page 3 of 17
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K5
Recommendation 10 aulhorile an Offer of Judgmenl for Parcels 838A and 8388 by Collier
County 10 property owner, Nancy L. Johnson Perry, and reject the Offer of
Judgment/Proposal for Settlemenl by Nancy L. Johnson Perry to the County in the lawsuit
styled CC v. Nancy L. Johnson Perry, Individually and as Successor Trustee, et ai, Case No
03-2373-CA (Golden Gate Parkway Project No 60027)(Fiscallmpact: If accepted, $2,OOO)
10/23/20079:00:00AM
Assistant County Attorney
Date
l'repared By
Ellen T.Chadwell
CQtIl1!yAttOrTlf'Y
COUllty Allomey Office
10/9/20072:27:17 PM
Norm E. Feder, AICP
TransportalionOlvlslonAdrninislrlllor
Date
Approved By
Transportallon S"rvlce~
Transportallon SHvlces Admin
1019/20072:40 PM
Approved Oy
Sharon Newman
TransportllllrlllSl'rvlcl's
AccollnllngSupervlsor
Date
Transportllllon Services Admin
10/9/20074:27 PM
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Approved By
TransportallonS"rvices
TECM-ROW
10/9/20074:27 PM
Approved By
NajehAhmad
Transport/ltion Servlc~s
Dtrector
Dat~
Transportation Englneerlllg &
Construction ManaCiement
10/9120074:5JPM
Usa Taylor
Manau~mentlBudget Analyst
Date
Approved By
TranS[JortallonSl'l'lIlces
TransportallonAdlnlnlstratlOIl
101101200711:29 AM
Approved By
Ellen T. Chadwell
County Allonwy
Assistant County Attorney
Date
County Attorney Office
10111/2007J:16PM
DavldC. Weigel
County Attorney
Date
Allproved By
County Altonwy
CoulltyAttorney Olllc!!
10/11120073:52 PM
Apllroved By
OMS Coordinator
AdminislratlveServt(l!S
Applications Analyst
Dale
InfonnallonT"ehnolollY
10115/200711:19 AM
Susan Usher
Senior Manageml!llt/BlIdgetAnalyst
Date
Approved By
COUT1ty MallJ\JN's Olflcl'
Office of MIlIlagl'l11ent & BlJdg~t
10/15/200712:36 PM
APllfoved By
MichaelSl11ykowskl
COHnly Manaqer's Office
Managomenf & Budget Director
Date
OffltenfManageml!nt& Burlgel
10/151200T2:50PM
County Manager
Date
Approved By
JamesV. Mudd
BoardofCollT1ty
COllll11lsstot1'!rs
County Manager'sOfflee
10/16/20078:09 PM
Agenda Item No. 16K5
October 23, 2007
Page 4 of 17
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, a political
subdivision of the State of Florida,
Petitioner,
v.
Case No. 03-2373-CA
NANCY L. JOHNSON PERRY,
Individually, and as Successor Trustee, et aI.,
Parcel Nos. 838A, 838B
Respondents.
I
OFFER OF JUDGMENT
TO: Nancy L. Johnson Perry,
Individually, and as Successor Trustee
c/o Paul A. Blucher, Esq.
7300 Delainey Court
Sarasota, FL 34240
Petitioner, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida
Statutes, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action
to the Respondent, NANCY L. JOHNSON PERRY, Individually, and as Successor Trustee
("Respondent"), for all compensation, including severance damages, business damages, costs to
cure, together with the value of the taking, statutory interest, expert witness fees and costs, and
any other claims of Respondent arising out of the taking of Parcels 838A and 838B, in the total
amount of Sixty-four Thousand Five Hundred and Noll00 Dollars ($64,500.00), which
includes the amount of $64,000.00 which was deposited pursuant to the Order of Taking dated
September 12, 2003. In addition, Petitioner agrees to pay One Thousand Five Hundred and
1
Agenda Item No. 16K5
October 23, 2007
Page 5 of 17
NoI100 Dollars ($1,500.00) for all attorney's fees in this matter. There are no non-monetary
terms or other relevant conditions to this offer.
The construction plans and specifications for the project on which the offer is based have
been previously and continue to be available for the Respondent's review upon reasonable notice
of such a request.
Dated this _ day of
,2007.
OFFICE OF THE COUNTY ATTORNEY
Harmon Turner Building
3301 East Tarniami Trail
Naples. Florida 34112
(239) 252-8400 - Telephone
(239) 774-0225 - Facsimile
BY: ~
ELLEN T. CHADWELL, ESQUIRl( ~
Florida Bar No. 0983860\: ,/
~
ATTORNEY FOR PETITIONER
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Offer of Judgment
has been furnished via U.S. Mail to Nancy L. Johnson Perry, c/o Paul A. Blucher, Esq., 7300
Delainey Court. Sarasota. FL 34240. on this day of .2007.
ELLEN T. CHADWELL
03.0148/855
2
Agenda 11em ND. 16K5
October 23, 2007
Page 6 of 17
IN THE CIRCUIT COURT OF THE 20m JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
COLLIER COUNTY,
Petitioner,
CIVIL ACTION NO.: 03-2373CA
v.
PARCEL NO.: 838A & 838B
NANCY L. JOHNSON PERRY,
INDIVIDUALLY AND AS
SUCCESSOR TRUSTEE, ET AL.,
EMINENT DOMAIN ACTION
Defendants.
I
OFFER OF JUDGMENTIPROPOSAL FOR SETTLEMENT
COMES NOW the Defendant, NANCY L. JOHNSON PERRY, Individually and as
Suc:eessor Trustee, by and through the undersigned and pursuant to Section 73.032(3), Florida
Statutes, and Rule 1.442, Fla. R. Civ. P., and offers thc Petitioner, COLLIER COUNlY, FLORIDA,
the sum of NINETY-NINE TI:IOUSAND NINE HUNDRED NINETY-NINE AND NO/100
DOLLARS ($99,999.00) as an offer to allow judgment to be taken in this amoWlt in full payment
for thc property (designated as Parcels 838A & 838B) taken and for damages resulting to the
remainder if less than the entirc property was taken and for all other damages of any nature,
including interest thereon, and excluding reasonable fees and costs pursuant to Sections 73.091 and
73,092, Florida Statutes, and the applicable rules. Further, this offer is conditioned upon:
I. Entry of a stipulated final judgment containing the following:
a) a reference that the settlement is based upon those construction plans entered into
evidence at the hearing on the Order of Taking herein.
b) an amendment to the Order of Taking and legal description of Parcel 838A to
conform with the last offer made prior to filing suit (attached hereto as Exhibit "A"), the 100% right-
of-way maps provided to Defendant pursuant to the initial Request for Production in the instant suit
Agenda Item No. 16K5
October 23,2007
Page 7 of 17
(attached hereto as Exhibit "B''), and the appraisal report by Mendel Westberry dated December
2002, provided to Defendant pursuant to the request for substantiation of the initial offer pursuant
to Section 73.015 Fla. Stat., and provided a second time to Defendant pursuant to the Defendant's
initial Request for Production herein (portions of which are attached hereto as Exhibit "C") all of
which are incorporated herein by reference.
2. Petitioner shall remove, within 180 days of entry of the stipulated fina1judgment, all
encroachments in the parent tract's remainder property after the taking of Parcels 838A and 838B
(as revised pursuant to paragraph I above), including but not limited to that power pole, 18" Pipe,
concrete slab, and light pole, as depicted on the attached drawing by David A. May, P .E., ofOMA
Engineering, attached hereto as Exhibit "0" and incorporated herein by reference. Alternatively,
Petitioner shall commence, within 90 days of entry of the stipulated final judgment, direct
condemnationproc-li'1gB inonler to legally take the arcanow encumbered by those encroachments.
3. Petitioner shall, within 90 days of entry of the stipulated final judgment, survey the
parent tract and remainder and set all properly markers to confonn with the new property and
easement lines as depicted on the Exhibits attached hereto; Petitioner shall provide copies of said
survey to Defendants.
I HEREBY CERTIFY that a true and correct copy of the foregoing has been sent by U.S.
Mail to Ellen T. Chadwell, Esquire, Office of the County Attorney; 3301 East Tamiami Trail,
Naples, Florida 34112, this 13'" day of September, 2007-/11 c::r ~ ........
Paul A. Blucher, Esquire
Law Offices of Paul A. Blucher, P,A.
7300 Delainey Court
Sarasota, Florida 34240
(941) 361-1145; (941) 361-1146 fax
Fla. Bar No. 860409
Agenda Item No. 16KS
October 23, 2007
Page 8 of 17
COWER COUNlYTRANSPORTATION DMSION
2685 Horseshoe Dme SOUlh. Sulte 214 . Naples. J1Iorida34104 . 239-213-5850 . Fax 239-213,5885
ENGINEERING & CONSTRUCTION MANAGEMENT DEPARTMENT
':.Right.ofWayAcquisitioll +:.StormwarerManagement <.Des;gn & Engineering .:.Conslruct;on Ma1J,agement
May 29, 2003
Paul A, Blucher, Esq.
434 S. Washington Blvd., 2Dd Floor
Sarasota, FL 34236
RE: Expansion of Golden Gate Parkway from Four Lanes to Six Lanes
(Livingston Road to Santa Barbara Boulevard)
Collier County Project No. 60027 - Parcel No. 838A
Dear Mr. Blucher:
It is my understanding that the County Attorney wi II soon be filing eminent domain lawsuits against
the parcels we have not yet purchased in order to acquire the right-of-way necessary to expand Golden
Gate Parkway from four lanes to six lanes between Livingston Road and Santa Barbara Boulevard. As
of the date of this letter. it has been two months since Collier County's written offer to purchase the
Road Right-of-Way, Drainage and Utility Easement was mailed to you. We do hope you have had the
opportunity to review our offer to purchase the required Easement.
I would like to take this time to remind you that you may review the real estate appraisal upon which
the offer was based; and you may call me directly to ask questions about the offer amount, the project
in general, or the impact of the project upon your property. Again, for 0.048 acres more or less. total
compensation for the land and the improvements (if any) located within the area to be acquired comes
to $33,300.00. As an inducement to settle prior to condemnatio1l the amount of $900.00 over the
appraiser's estimate of full compensation has been added to bring the total pre-c01ldemnation
cOIllpeI,.alion uffer amounl ll.> $34,200.0", There i. stiil lime ,I.> dUM: lili. L..all.""tion an'; aVl.>id
litigation,
Please do not hesitate to call if I may be of any assistance, or if you have decided to accept the
County's offer. Our office is open Monday through Friday, 8:00 a.m, to 5:00 p.m. You may reach me
at 213-5880. Thank you.
Sincerely,
~d~~
Debbie Armstrong
Property Acquisition Specialist
,
"
cc: Nancy L. Johnson Perry, Trust~.
c 0 f '71\'.
~AIt
.
c u
.
"
,.
Agenda Item No. 16K5
October 23, 2007
Page 9 of 17
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0... File :C32-3
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,"J.'
APPRAISAL REPORT OF PARCEL No. 838A
GOLDEN GATE PARKWAY ROAD WIDENING
FOR
COLLIER COUNTY TRANSPORTAll0N RIGHT OF WAY OFRCE
SUBMrrrED DECEMBER, 2002
By
MENDEL R. WESTBERRY, MAl
" c, .,
Agenda Item No. 16K5
October 23. 200"
F'age 11 of 17 r
...-....--...-,
Agenda Item 1'0. 16K5
October 23.2007
Page 12 or 17
GALLION.WILSON, L.L.C.
Real Estate Appraisers and Consultants
.'
...'
December 3, 2002
Harry C. Henderson, SRA
Collier County Transportation Right of Way Office
2685 South Horseshoe Drive
Suite 214
Naples, Florida 34104
Re: Golden Gate ParkWay Road Widening
COllier COunty Project No. 60027
Parcel No. 838A
Our File No.:C32-3
Dear Mr. Henderson:
Attacheclls my "complete appraisaJ-summary report" of Parcel838A. Parcel 838A is a drainage and
utility easement along a portion of the parent parcel's 66th ST SW frontage.
Subject to the Certificate of Valuation, the Addendum to the Certificate of Valuation, and the
Assumptions and Umlting Conditions following, my opinion of market value expressed In tenna of ClIllh
as of October 25, 2002, for Parcel838A, B permanent drainage and utility easement, Is:
THIRTY.THREE THOUSAND THREE.HUNDRED DOLLARS
($33,300)
The opinions of market value expressed In this appraisal report are for the purpose of eminent domain
proceedings only end should not be used for any other purpose.
Thank you for the opportunity to provide this appraisal service.
Very truly yours,
~cP,
Mendel R. Westberry, MAl
State Certified General Real Estate Appraiser #0000331
MRW/clb
Enclosure
(Prepared for,lIfld property of, Collier COunty Board of Comml..lon,,... Ran.nce upon 'ppralaal for other U&M \. not warranted.)
Agenda Item No. 16K5
October 23, 2007
Page 13 of 17
Gallion-Wilson
Golden Gate Parkway Road Widening
Collier Project No. 60027
COLLIER COUNTY
CERTIFICATE OF VALUE
(DELETE APPROPRIATED [aRACKETEO] WORD)
County Road:
Rold Numbor:
County:
County Prol_ No.:
Pareel No.:
GolMn aate
fItlI!!a
II!!
~
l!!lm
!H4
I certtfy to the bMl of my knOwledge and bellet. that:
1) Tho _II ollocl conlalnod In 11110 report ore truo Ind COlTOOl.
2)
Tho roporled lnol_ opinions, ond conclu1llono Ire limllld onlybythe...,onod IIIUII1pllono ond Umlllng condIlIonl ond.. my
plI30n unblaled prof..lon.I....I~... oplnlonl, and conclu.lona.
3) 1 havo no _ont or proopoctIYI In_I In thl proporty thlllo tho lubJocl allhlo roporI, ond I havo poroonolln_t or b1.1 with
reopoollo tho portia invo_
4) My componlOtion II not conungent upon tho reportlng oil prod_od voIue or dlrocllon In '"'''' thot lovoro thl ","un of tho
clllln~ thl lmounl 01 the ,"Iu" ..timlle. thl _Inmonl oil otlpul_ rooun. or the occurrence all lubo_l..on~
6) Myonol_ oplnlon..orconcluolono__p.~ ondlhll-'__ pNpllNdln confDrmItywlthtllOUnIlarmStondordo01
_llonll AppnIINI Proc:IIco, ond 1110 provlolono of ChopIIr 47S, Port n, ___.
8) I haW IIIIlIO I peroonoIlnopocIIon 011110 propw\y thelll tho lubjocl oIlhio ~ ond I ...... _ tho proporty _the
Opportunllylo _nymoottho_ofthllnopectlon. 1??0o __lporoonoIlIoIdlnopKtlonalthocom...-__
uponln...lclngl/lll~ ThoIUbjeel_tIlOcom~__uponln..-.g__' .-....._llIdbytllO
photographa conbltnlld In this ~rrll"l
7) No _no ollw Ihon _ nomod h_n provIdod oIgn1l1cont proleollonol llllotonce 10 the _n oIgn1ng _ -'"
8) I __thollhll___11o 10 be uoed In connocIIon with 1h1 IcqulllIJon aI r1ghl of _y lor I trono....-,lo..nty 10 be
conotnlcted by CoII101' County.
9) ThI1 ___ .... -. _In conIormIIy with the Ipproprlala IIIIa Iowo, rogu_. poIlcle1, ond ..- IppUcobIO 10
__lofrlghloIWlYlortrono~~: ond, 10 Ihoboolofmyknowlodgo. no portion oflho~"""_on
1h1l_ ..nololl 01_ WhICh... no,.c..._IIbI. u_Ihe_11IIllId IIw at 1110 _of FIorIdL
10) I h...not _lid Ill. Dndlngs orrooulll ollhll 0'flPl'0II011o _ _1hon 1h. proper olIIcI8l1 01 CoIUer Ceull\yllld IwUlnotdo
I. ooU11O lIUIh._ by countyolllcl8lo, orooW 11m ,.q_ by duo ~ atl8w. or unlD 11m "'tllod!rom _ obllgotlon by
h.vIng publicly IoIIIlIod II 10 IUch RndIngo.
11) Reglldl... 01 lIlY 1..1Id Uml1lng condltlono or IIIWnpUono.l__gethetthll oppo/A1 report _ III mapo, -. lummoriol,
chll1l. end other exh_ 0011_ or proporod undtrlllll 'l/I'MIIlonllhaU bcorne tho prof*IYol Colllol' Countywllhaut_
or limitation on their u...
12) 6"_10 .upplomonlallo lIlil cerIIIIlltUon roquIrm by mornborwhlp or conc8docyln I pro_ orgonlzllllan ore_bod on on
Iddondum 10 11111 ClflllIc:ote end, by "',......... ore made port _,.
Band upon my In~ldont ~"'I ond 1ho ..........r my pro_l_ JlIdgonwI~ my opinion 01 the _ vol... tar tho porIloI<on.
tnc.ludlng net ...,.,.nce damea_ .ner .pee..l benefIta, If any. of the prvperty .pp........ ot the 25th day of October. """"'" I."" <WV'I,
MI_ vol... ohould be IlIoctIod II 10110....
LAND (!!ASEMENT) LUll!!
IMPROVEMENTS tnlll!l
LAND AREA
Englllh (AclSF)
.048 AC
PROPEIl'IY lYPE
CODE" (1234)
!!l!I!f
NET DAMAGES &/or CDSTTO CURE L--'!
TOTAL ~
"PROPERTY
CODES:
1.l\.Runol
lJ.Urbon
2. ~mprowd
V-Vac:ant
l'IPE
December 3. 2002
Do..
3.~)R_ 4.W.WhoIoTlldng p.pll'llll
11-(-)
F-(Fodory) IndUllrtaI
.t.Agrlcultunol
B-SpeclIl P
Mendel R. Westberry, MAl
Stole certified Oon....1 Rool Es.... Appral....
(Prepared for. and property at, Collier COunty Board of commlsslOntn. flellanca upon appraiJallor other u...lI not wllJTIntecl)
Aaenda Item r-Jo16K5
~ October 23', 2007
Galll~~WlI~i~f 17
Golden Gate Parkway Road Widening
Collier Project No. 60027
PARCEL 838A
PURPOSE OF APPRAISAL:
To estimate the market value of a permanent drainage and
utility easement
RIGHT-INTEREST APPRAISED:
All those rights essociated with e permanent drainage and
utility easement.
DESCRIPTION OF EASEMENT (PARCEL 838A):
Parcel 838A consists of a permanent drainage and utility easement being acquired along the west side
of the parent tract, and adjacent to the eXisting 66th ST SW right-of-way easement According to
verbal Information provided by Collier County representatlV8&, the easement will be used for sub-
surface Iocatlon of a culvert which will collect and transport stonnwster to the south side of the
Golden Gate Parkway, u well as for potential utility placement
The easement is a basically rectangular parcel, 10 feet In width and having approximately 209.00' of
frontage along the...t side ofUle exldng 66th ST SW right-of-way. The area of theeasernent Is 2,090
square feet or 0.048 _. Based on the parcel sketch provided by RWA Consulting datec:I October 31,
2002, the south end of the easement Is adjacent to the proposed right-of-way to be acquired by the
Florida Department of Transportation as part of the Golden Gate Parkwaynnterstate-75 Interchange
project
This type of easement Is approaching the level of a fee taking, though the property owner stili has
certain rights associated whh the ownership of the easement area. Typically the easement area would
be considered In gross site area In the case of development requirements of a vacant site.
LAND VALUATION
The valuation of the underlying fee of the parent parcells the basis by which the easement Is valued.
The underlying fee value of the parent parcel was estimated to be $50,000 per net acre.
The taking of the easement Is approaching the level of a fee taking. Though permanent, the easement
Is only 10' wide and Is adjacent on of the parent parcel's side property lines. The property owner can
use the easement area for minor landscaping and open space. Accordingly, the parent parcel owner
has lost a portion of the property's utility by encumbering the property with the Proposed easement.
As a matter of judgement, I am using 90% ofthe underlying fee value to arrive at an estimate ofvalue
for the proposed easement
VALUATION OF EASEMENT
Therefore, the value of the easement Is as follows:
Unencumbered value/acre
Permanent easement at 90%
$45,000 x 0.048 acres
$ 50,000
$ 45,000
$ 2,200 Rounded
19
(Prepared for, and property ot, Comer CountY Board of Comml..loner.. Reliance upon appraisal tor other UliNII not wrranted.)
Agenda Item No. 16K5
October 23,2007
GallicfriiwnlroRf 17
Golden Gate Parkway Road Widening
CoUler Project No. 60027
VALUE OF EACH IMPROVEMENT TO BE ACQUIRED
Site Improvements within the lIflla to be acquired consist 01 landscaping only. Jeff Moore, Lanclscape
Architect has provided an estimate of the cost of these Items. Mr. Moore's cost(s) Include landscape
Item(s) and the cost of Installation. Mr. Moore's detailed report Is within tha addenda of this report.
Mr. Moora's estimate Is $31,100.
Landscape Material
$ 31,100
TOTAL VALUE OF LAND AND IMPROVEMENTS ACQUIRED:
Land
Improvements
Total
$ 2,200
31.100
$ 33,300
DAMAGES TO THE REMAINDER
This Is a complete appraisal-summary report. The appraisal Is limited to land and affected site
Improvemants. According to the Colllar County Land Development Code, SectIon 2.1.13, non-
conformities, which may arise 8S the result of the taking, will be allowed to exist. Therefore, this
appraisal assumes no damages to the remainder property as a result of the taking, which might flow
out of any non-conformlty. Furthar, the easement over a portion 01 the parent parce/ Is not considered
to diminish the value of the remainder.
ESTIMATED COST TO CURE
There Is no required cure for the remainder property.
SPECIAL BENEFITS
No special benefits are expected to accrue to the remainder parcel as a result Df the acquisition.
20
(PrI:parocI for, and prOperty ot, Collier County Board ot Commlulon.... Reliance upon appraisal for other UI. I. not warranted.)
Anon'-l::J to No. 161\5
I'XllIBIT A Gclob 23. 2007
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Agenda Item No. 16K6
October 23, 2007
Page 1 of 8
EXECUTIVE SUMMARY
Approve and have Chairman sign a Consent to Assignment Agreement for solid waste,
recyclable materials, and yard trash collection services in Solid Waste District II with
Choice Environmental Services of Collier, Inc.
OBJECTIVE: To approve a Consent to Assignment Agreement for solid waste, recyclable
materials and yard trash collection services in Solid Waste District II between Collier County
and Choice Environmental Services of Collier, Inc.
CONSIDERATIONS: On September II, 2007, the Board of County Commissioners (BCC)
approved an Assignment and Assumption Agreement between lmmokalee Disposal Company,
Inc. (IDC) and Choice Environmental Services of Collier, Inc. (Choice) to transfer District II
franchise collection services from !DC to Choice, attached hereto as "Exhibit A".
This Consent to Assignment Agreement between the BCC and Choice will memorialize the
assignment of rights, duties and responsibilities under the District 11 Franchise Agreement to
Choice.
By this Consent to Assignment Agreement, Choice verifies that it will comply with all of the
requirements in the subject Franchise Agreement being assigned and that Choice has the
financial resources, expertise, equipment and other capabilities necessary to do so under
Paragraph 24 of the Franchise Agreement.
As required under Paragraph 22 of the Franchise Agreement, a copy of the Performance Bond is
attached hereto as "Exhibit BOO.
FISCAL IMP ACT: There is no fiscal impact as a result of this recommendation.
GROWTH MANAGEMENT IMPACT: There is no gro"1h management impact as a result
of this recommendation.
LEGAL CONSIDERATION: This Agreement will satisfy the contractual obligation that IDC
and Choice obtain the written consent of the BCC for this Assignment.
RECOMMENDATION: That the BCC approve and the Chairman sIgn this Consent to
Assignment Agreement.
PREPARED BY: Robert N. Zachary, Assistant County Attorney, Office of the County Attorney
-
CP\07-REV -U0369\ExSum
Consent to Assignment of Agreement
"Franchise Agreement Between Collier County and Immokalee Disposal Company, Inc.,
for Solid Waste, Recyclable Materials, and Yard Waste Collection Services"
Agenda Item No. 16K6
October 23. 2007
Page 2 of 8
This Consent, dated October _,2007, and executed by the Board of County Commissioners of Collier
County, Florida, (hcreinafter ("BCC") hereby consents to the assignment of an Agreement dated
November 10, 2005, which became effective on October 1, 2005. The title to the Agreement is
"Franchise Agreement Between Collier County and IrnmokaJee Disposal Company. lnc., for Solid Waste,
Recyclable Materials, and Y ard Waste Collection Services."
Statement of Understanding
Re: The Franchise Agreement was approved by the BCC on November 8, 2005 (Agenda Item lOA).
The Franchise Agreement, is by and between Collier County, Florida (the "lj!~~i!!\j;") and the
Irnmokalee Disposal Company, lnc., (the "!:i'~!ili:ll!~~~"). Tbe Franchise Agreement has been
conditionally assigned from the Immokalee Disposal Company ("Irnmokalee") to Choice Environmental
Services of Florida, lnc., a Florida for profit corporation, ("Choice") by the one-page "Assignment and
Assumption Agreement" dated June 15,2007, attached hereto as "Exhibit A," which conditional
assignment is expressly subject to this Consent from the BCe.
The BCC hereby consents to the attached Assignment and Assumption Agreement. The Assignment
operates as a novation with regard to Irnmokalee, whereby Immokalee is hereby released from liability
under the Franchise Agreement from and after the effective date of this Consent in return for assumption
by Choice of all rights and duties of Irnmokalee, and whereby Choice becomes the "Franchisee" and
whereby Collier County becomes the "Franchisor."
As required by ~m~~~ 24 of the Franchise Agreement ("Transfer of Ownership") Choice hereby
verifies that it will comply with all of the requirements in the subject Franchise Agreement being
assigned and that Choice has the financial resources, expertise, equipment and othcr capabilities
necessary to do so.
A'8~p}t'iffil1~~f~~~onMeq~:uy::RaiigrnpIf~2;9f:~eC6rttracil_sittl,tcJiel(heleto;as'Ex;hi6ii
B~~
IN WITNESS WHEREOF, Collier County and Choice Environmental Services ofFJorida, Inc., each,
respectively, by its respective undersigned authorized representative, has hereunder executed this
Consent to Assignment on the dates specified below.
ATTEST:
DWIGlIT E BROCK, CLERK
By:
, Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
JAMES COLETTA, Chairman
CHOICE ENVIRONMENTAL SERVICES OF COLLIER, INe.
By:
Signature (Authorized Representative)
Name and Title
Date:
ATTEst OF BEHALF OF THE CORPORATION:
By:
Witness
Printed Name
Date:
Approved as to form and
Legal sufficiency: '
,,-,;-,,By:
~ v Robert Zachary.
Assistant County Attorney
3
Agenda Item No. 16K6
October 23, 2007
Page 3 of 8
''''5..... J ,-" ,
Agenda item No. 16K6
October 23. 2007
Page 4 of 3
COLLIER COUNTY
BOARD OF CUUNTY COMMISSIONERS
Item Number:
Item Summary:
H;Kl)
I\pprnve ;Hld ivwp CIl;linnan siqn il Consent to Assi\jnmenl Agreement for solid waste
r{~(;yc:laiJlt; lTl"leria!s ;1I\d Y;lId trash collectiol1 services in Solid Waste Dislrict II wittl Choice
Envirollfl1enlnl Selvices of Collier Inc
Meeting Date:
1 Ui2Ji~'UU7 ~J.UO(JU No1
PrelHlrcd H)'
Robert N. Zachary
Assistant County Attorncy
Date
Counly Attornp.y
County At1onH,Y Office
10/11/20072:23:10 PM
Approved Hy
Davir] C. Weigel
COUllly Attorney
Date
COllllty Attorney
County AltOrtlP.Y OHief'
10111/20073:18 PM
Allproved Hy
OMS Coordinator
Applications Analyst
Date
Administrative Services
InfonJlation Tf!clllwlogy
101151200711:56 AM
Aplll"oved By
Michael Smylwwski
Managenwnt & Budgpt Director
Date
County Manaqer.s OUice
OffiCI> of Managp.rnenl & Budqet
10/15/20072:53 PM
A))proved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
10115/20074:45 PM
ASSIGNMENT AND ASSUMPTION AGREEMENT
Aoenda Item No. 16K6
- October 23, 2007
Page 5 of 8
/'
This AGREEMENT made and entered into this r( day of ,j~~e.., 2007, by and between
Immokalee Disposal Company, Inc. {'Immokalee'} and Choice Environmental Services of Collier, Inc.
('Choice").
WHEREAS, Immokalee has entered into and is the holder of a certain franchise agreement
issued by the County of Collier, Florida for the collection and disposal of solid waste in Collier County ,
Florida (the "Agreement"), and
WHEREAS, as part of the sale of certain assets pursuant to a certain Asset Purchase
Agreement dated Mirch 13. 2007 between Immokalee and Choice, Immokalee and Choice are
desirous of Immokalee assigning all of ~s right, title and interest in and to the Agreementto Choice and
subject tll the approval of said assignment by the Board of County Commissioners, Collier County,
Florida. Choice is to assume all of Immokalee's duties and obligations relating to future performance of
the AgrB$ment.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained
herein, for other good and valuable consideration, the receipt of which is hereby acknowledged, and
intending'to be legally bound, the parties hereto agree as follows:
1, Immokalee hereby assi,gns and transfers to Choice all of its rights, title and interest in and to
the Agreement.
2. Choice hereby assumes all duties and obligations of Immokalee relating to future
performance under the Agreemernt and agrees to discharge and perform such duties and obligations.
3. This Assignment and AssumptiOl1 Agreement shall be binding upon the parties, and their
respectille heirs, successors and assigns,
4. Immokalee and Choice understand and acknowledge that the assignment contemplated
by this Assignment and Assumption Agreement is of no force and effect unless and until the
assignment of the Agreement is approved and authorized by the Board of County Commissioners.
Collier Ccilunty, Florida.
IN WITNESS WHEREOF, This Assignment and Assumption Agreement has been executed as
of the dale and year first written above.
~..
IMMOKALEE DISPOSAL COMPANY, INC.
B ,::t:.A - i./i107/
T~: ~ P,-e-5
CHOICE ENVIRONMENTAL SERVICES OF
COLLIER, C
Witness
~C\.~\rUJl ~h'I-^N)
Witness
/;jlJl
I
EXHIBIT
I~
.1
Agenda Item No. 16K6
October 23, 2007
Page 6 of 8
EXHIBIT V(A)
PERFORMANCE BOND
FOR FRANCHISE AGREEMENT
CONTRACTOR (PRINCIPAL)
COMPANY (LEGAL NAME):
PRINCIPAL BUSINESS ADDRESS:
,
TELEPHONE NUMBER:
SURETY
COMPANY (LEGAL NAME):
PRINCIPAL BUSINESS ADDRESS (No PO Box):
TELEPHONE NUMBER:
OWNER(OBlIGEE)
NAME: Collier County Board of County Commissioners
PRINCIPAL BUSINESS ADDRESS: 3301 Tamiaml Trail, Naples, Florida 34112
TELEPHONE NUMBER: (239) 774-8097
CONTRACT DETAILS
DATE EXECUTED:
AMOUNT:
GENERAL DESCRIPTION: Franchise Agreement for Solid Waste. Recyclable Materials, and Yard
Trash Collection Services\
BOND
BOND NUMBER:
DATE:
AMOUI:'JT:
KNOW ALL MEN BY THESE PRESENTS:
That Principal, hereinafter called Contractor. and Surety, as identified above, are bound to the
Board of County Commissioners of Collier County. Florida, as Obligee, hereinafter called the County. In
the amount identified above, for thB payment whereof Contractor and Surety bind themselves, their
heirs, executors, administrators, successors and assigns. jointly and severally.
EXHIBIT
I~
Agenda Item No. 16K6
October 23, 2007
Page 7 of 8
WHEREAS, Contractor has by written agreement entered into a contract, idBntified above, with
County. which contract documents are by reference made a part hereof, and for the purposes of this
Bond are hereafter referred to as 'the .Contract";
THE CONDITION OF THIS BOND is that if Contractor:
1.. performs the Contract between Contractor and County, at the times and in the manner
prescribed in thB Contract; and
2, pays County all losses, damages, including liquidated damages and damages caused by delay.
expenses, costs and attorneys fees including appellate proceedings, that County sustains as a result of
defautt by Contractor under the Contract; and
3. performs the guarantee of all work and materials furnished under the Contract for the time
specified in the Contract; then THIS BOND IS VOID. OTHERWISE IT REMAINS IN FULL FORCE AND
EFFECT.
Whenever Contractor shall be. and is declared by County to be, in default under the Contract, and
County having performed County's obligations thereunder, the Surety may promptly remedy the default,
or shall promptly:
1. complete the Contract in accordance with its terms and conditions; or
2., obtain a bid or bids for completing the Contract in accordance with tts terms and conditions,
and upon determination by Surety of the lowest responsible bidder, or, if County elects, upon
determination by County and Surety jointly of the lowest responsible bidder, arrange for a contract
between such Bidder and County. and make available as work progresses sufficient funds. paid to
County, to pay the cost of completion and other costs and damages for which the Surety may be liable
hereunder.
No right of action shall accrue on this bond to or for the use of any person of cDrporation other
than the County named herein.
The surety hereby waives notice of, and agrees that any changes in or under the Contract, and
compliance or noncompliance wtth any formalities connected with the Contract or the changes do not
affect Surety's obligation under this bond.
Signed and sealed this
day of
,2004
CONTRACTOR (PRINCIPAL)
SIGNATURE:
CORPORATE SEAL
PRINTED NAME AND TITLE:
SURETY
SIGNATURE:
SEAL
PRINTSD NAME AND TITLE:
ATTORNEY IN FACT
2
Agenda Item No. 16K6
October 23,2007
Page 8 of 8
EXHIBIT V(B)
PROCEDURE FOR CALCULATING PERFORMANCE BOND REQUIREMENT
1. The annual Performance Bond due to the County from the Contractor is calculated as:
One half the annual value of the Residential Collection Service
authorized under the Agreement = Performance Bond Required
2. Sample Calculation of the Performance Bond requirement
Hypothetical1,t Year Annual Residential Collection Service Cost
Times 50%
Annual Performance Bond Requirement =
$6.500,000
X 50%
$3,250,000
1
Agenda Item No. 17 A
October 23, 2007
Page 1 of 30
EXECUTIVE SUMMARY
V A-2007-AR-11577, Robert J. Mulhere, AICP, of RW A, Inc., representing B. F. Fort
Myers, Inc., requesting a 4-foot variancc from the required 15-foot front yard setback to 11
feet, and a 9-foot variance from the required 20-foot landscape buffer to 11 feet for
property located at 10941 Airport Road North, on Tract C, an out-parcel of the Green Tree
Shopping Center PUD, in Section 26, Township 48 South, Range 25 East, Collier County,
Florida.
OBJECTIVE:
To have the Board of County Commissioners (BCC) consider a variance application to permit
two parking spaces within a required 15-foot front yard and a 9-foot variance from the required
20 foot wide landscape buffer width, and to ensure the project is in harmony with all the
applicable codes and regulations in order to make certain that the community's interests are
maintaincd.
CONSIDERATIONS:
The applicant is requesting two variances as a result of a "taking" of approximately ci 15.0 feet
frOlTI the Wendy's outparcel road frontage for the needed right-of-way for the expansion of
Immokalee Road (CR-846). The iirst is a parking variance which, if approved will allow 2
existing parking spaces to remain within I I feet of the property line by encroaching four feet
into the required minimum 15-foot front yard setback. Thc second is a variance of 9 feet from
the required 20-foot wide landscape buffer width, per the Land Development Code (LDC)
section 4.06.02.CA, to allow an II-foot wide landscapc buffer to remain along the Jmmokalee
Road frontage. The existing building complies with setback requircments, which sits more than
40 feet from the front property linc.
The Wendy's Restaurant is required to provide a total of 46 parking spaces as depicted on the
previously approved 1992 Site Development Plan (SDP-92-33), which included 39 on-site
spaces and 7 off-site spaces. The existing access easement and parking agrecment was found to
be legally void pertaining to Wendy's, as the Wendy's Restaurant was built in 1992 and the
executed parking agreement was approved in 1989. The petitioner, however, has agreed to the
following condition to bring the site into compliance with 1992 SDP approved parking
requirements:
,,_.
Within J 80 days of approval of this variance, the applicant shall furnish Collier
County with a copy of an executed parking agreement providing fhr, at a
minimum, the use of 7 ofFsite parking spaces in a location convenient for
utilization by employees or customers of the existing or any future commercial
Page 1 of 5
V A-2007-AR-11577, Wendy's Variance Petition
Aoenda Item No. 17.'\
~ October 23, 2007
Page 2 of 30
business located on the subject property, as was required as a condition of the
previously approved SD1' in 1992.
1992 SOP Approved
Parking Requirements
P kill ~!) r~t~LCI~1CY
:';Pt](fJ/-/(1 '...1
Hon;.lic.'Jp
1 () t '~J I I (~(i 'd
PQrkirig ~;-~nvi(i(:d {)n-';itr:~
~,':=:'7G
~//I'O = '1.?'.9
~
'16
,37 requ!,:Jr
/' ~'GndIC(JD
~pac~~
spaces
~p~Ke~,
sr',~ ces
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Purk;'I;] prv~'i::J'.;d by Gr cr"~n
:r~~t' C,:'nt{'( DrJIl<::rq (lqrecTw'rlf
iDi~11 n!:lVi,11~d
/ requ!or ~::P(J{;P."~-.,
.16 ::p(jr.;j~~
The petitioner has also agreed to bring the site into compliance with the existing approved
1992 landscaping plan (See Exhibit A) by adding plant material around the perimeter lot and
in thc arca of the dumpster location. The condition of approval is as follows:
Landscaping within 1 SO days of the date of approval of'this variance as depicted
in the Wendy's Parcel 134 Landscape Plan, last revised August 3, 2007, shall be
installed and shall be inspected for compliance with the plan by Collier County.
Should a permit be required to install said landl'caping or to install or repair any
irrigation, said permit shall be obtained prior to installation or repair.
FISCAL IMPACT:
The variance, by and of itself, will have no fiscal impact on Collicr County. There is no
guarantee that the project, at build out, will maximize its authorized level of development,
however, if the variance is approved, a portion of the land could be dcveloped.
The County collccts impact fees prior to the issuance of building pcrmits to help offset the
impacts of cach ncw dcvelopment on public facilities. These impact fees are used to fund
projects identified in the Capital Improvement Element (CIE) of thc Growth Management Plan
(GMP) 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
devclopment order approved by Collier County is requircd to pay 50 percent of the estimated
Transportation Impact Fces associated with thc 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 watcr and scwer system.
Please note that the inclusion of impact fees and taxes collected are for informational purposes
only; thcy are not included in the critcria used by Staff and the Planning Commission to analyze
this petition.
Page 2 of5
V A-2007-Af~-11577, Wendy's Varinnce Petition
Agenda Item No. 17A
October 23, 2007
Page 3 of 30
GROWTH MANAGEMENT PLAN (GMP) IMP ACT:
The GMP does not address individual variance requests; it deals with the larger issue of the
actual use. However, the site is located in the Mixed Use Activity Center Sub-district on the
County's Future Land Use Map (FLUM) of the Growth Management Plan (GMP). The existing
fast food restaurant use is a permitted use within this land use designation.
AFFORDABLE HOUSING IMPACT:
Approval of this variance would have no affordable housing impact.
ENVIRONMENTAL ISSUES:
There are no environmental issues associated with this petition.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
This petition did not go before the EAC jor a vote. Most variance cases are exempt from this
process.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
The CCPC heard petition V A-2007-AR-11577 on September 20, 2007 and by a vote of 9 in
favor and 0 opposed recommended to forward this petition to the Board of Zoning Appeals
(BZA) with a recommendation of approval subjcct to the following conditions:
I. The variance is limited to the extent of development for landscaping and off street
parking as depicted on the Conceptual Site Plan, entitled "B.F. FI. Myers Inc.,
Wendy's Parcel Variance 134, Variance Exhibit "C", last revised August, 2007,
which is a one-page plan prepared by RWA Consulting Inc.
2. Within 180 days of the date of approval of this variance the landscaping as
depicted on Exhibit "C", shall be installed and shall be inspected for compliance
with the plan by Collier County. Should a permit be required to install said
landscaping or to install or repair any irrigation, said permit shall be obtained
prior to installation or repair.
3. Within 180 days of approval of this variance, the applicant shall furnish Collier
County with a copy of an executed parking agreement providing for, at a
minimum, the use of 7 off-site parking spaces in a location convenient for
utilization by employees or customers of the existing or any future commercial
business located on the subject property, as was required as a condition of the
previously approved SDP in 1992.
4. This variance applies to the subject parcel in its present platted configuration.
Any replat, including further subdivision or reconfiguration of this parcel with
adjacent lands, shall render this variance null and void, requiring adherence to all
applicable development standards in effect at the time of redevelopment under the
replatted condition.
Page 3 of5
V A-2007-AR-l ]577, Wendy's Variance Petition
Aaenda item No. 17 A
" October 23, 2007
Page 4 of 30
Because the CCPC approval recommendation was unanimous and no letters of objection have
been received, this petition has been placed on the Summary Agenda.
LEGAL CONSIDERATIONS:
The attached staff report and recommendations of the Planning Commission are advisory only
and are not binding on you. Decisions regarding variances are quasi-judicial, and all testimony
given must be under oath. The Petitioner has the burden to prove that the proposed variance is
consistent with all the critcria set forth below, and you may question Petitioner, or staff, to
satisfy yourself that the necessary criteria have been satisfied. Should you consider denying the
variance, to assure that your decision is not later found to be arbitrary, discriminatory or
unreasonable, the denial must he based upon competent, substantial evidence that the proposal
does not meet one or more of the listed criteria below, Approval of this request requires three
affirmative votes of the Board.
In granting any variancc, the Board of Zoning Appeals may prescribe appropriate conditions and
safeguards in conforrnity with the zoning code, including, but not limitcd to, reasonable time
limits within which action for which the variance is required shall be begun or completcd, or
both. Violation of such conditions and safeguards, when made a part of the terms under which
the variance is granted, shall be deemed a violation of the zoning code.
Critcria for Varianccs
I. There are special conditions and circumstances existing which are peculiar to
the location, sizc, and characteristics of the land, structure, or building involvcd.
2. There are special conditions and circumstances which do not result trom the
action of thc applicant, such as prc-existing conditions relative to the property
which is thc subject ofthe variance request.
3. A literal interpretation of thc provisions of the LDC work unnecessary and
undue hardship on the applicant or create practical difficultics on the applicant.
4. The variance, if granted, will be the minimum variance that will make possible
the reasonable use of the land, bui Iding, or structure and which promote
standards of health, safety, or wel fare.
5. Granting the variance requested will not confer on the petitioner any special
privilege that is denied by these zoning regulations to other lands, buildings, or
structures in thc same zoning district.
6. Granting the variance will be in harmony with the intent and purposc of the
LDC, and not be injurious to the neighborhood, or otherwise detrimental to the
public welfare.
7. There are natural conditions or physically induced conditions that ameliorate
the goals and objectives of the regulation, such as natural preserves, lakes, golf
course, etc.
8. Granting the variance will be consistent with the GMP.
Page 4 of 5
VA-2007-AR-11577, Wendy's Variance Petition
Agenda Item No. 17 A
October 23,2007
Page 5 of 30
The proposed Resolution was prepared hy the County Attorney's Office and is sufficient for
Board action. -JAK
RECOMMENDATION:
Staff recommends that the Board of Zoning Appeals (BZA) approve Petition V A-2007-AR-
11577 subject to the staff and Collier County Planning Commissions' conditions of approval.
PREPARED BY:
Willie Brown, AICP, Principal Planner
Department of Zoning and Land Development Review
Page 5 of 5
V A-2007-AR-11577, Wendy's Variance Petition
Item Nllmber:
llemSllmmary:
Meeting Date:
. -0-
Agenda Item No. 17 A
October 23, Z007
Page 6 of 30
COLLIER COUNTY
BOARD OF COUNTY COMMISS10NERS
17A
VA.2007-AR-11577 (WR) B F Ft Myers, Inc, represented by Robert J. Mulhere, AICP, RWA,
Inc, ilnd working in conjunc1ion with the Collier County Attorney's office, requests a vilriance
loriln outpilrcel (presenlly improvedw;1I1 a Wendy's Restaurantj, in order to reduce
sever;lIlce ctalllagesresultil'9 from the "taking" of a .'-15.0100t roacteasel11entforlhe
expansion of Immokalee Road. Tile variance will allow for parking within 11 leet of the
property line along Inlr!1okalee r-load front<lge Tlle site does comply with the PUD
reqllircrnelltfora 15footbuildillgsetbildforlhisfrontyard, Inaddition,a varianceof9feet
is requested from ltie required 20 toot wide landscape buffer width per LOC section
4[]f; 02C4, 10 allow for an 11 f00t wide tandscape buffer The subject property is locatod at
10941 Airport Ro~d Nortt,. Which is at the nortllWeSt corner 01 Immokatee Road and Airport
Road, wilhin Ille Green Tree PUD (Ordinance 81 "58), Green Tree Center Tract "e" Sectiun
26. Township 413 South, f~an9f) 25 East Collier County. Florida. (CoOlpaniol1lo Ilem 16KI)
10/23/20079:00:00 AM
Principal Planner
Date
l'rqlilrcd8y
Wi!lieBmwn
Comlllunlty Development &
fllVlrnl1m~nt~t Servkf!s
Zoning & Land Devetopmenl Review
10131200712:17:44 PM
Date
Approved lJy
Marlene Stewart Executive Secretary
101J1201l72:39PM
Allpnn'ed 8~'
CormlHmlty Development 8. COlllmunlty Development &
Envlrnnnl{'llI~1 Sl!rvlce~ E,wlromnl!ntilt Servlr.es Atllt1ln
JudyPulg
COlllilllJllily Oevelopml!nt&
Environml'l1tillServtces
Operations Analyst
Date
Community Development &
Envlmnl1lelltatService~A(lllIin
1014/2G072:2&PM
Assistant County Attorney
Date
Approved lJy
Jeff Ktatlkow
COllnty Altoru"y
COOll1ty Altorney Office
1014120074:25 PM
Zoning & Land DevelOjlmenl Director
Date
Apprnved By
Susan Mllrray, AtCP
Community Oevelojlm'mt &
FnvlmlllHentalSf'rvke5
Zoning&LandDevelopmeutRevlew
1014/20074:48 PM
Norm E, Feder, AtCP
Transportalton Division Admlnlstralor
Date
AI'prontlBy
Tt'an~rfllt~lI(l11 Services
Tr~,,~,portallon Sf'rvlr;es Actmln
101912007 \L44 AM
Allpro"ed Bl'
Joseph K. Schmill
Community Dpvl1lupment&
Ellvir<:>nn1/'J1t~1 S"rvlre..
Community Oevetopmf'llt &
Environmental Services Admll1s1rator
Date
COlllOllunltyOevetopment8o
Fnvlrn"mpl1l!ltSHVlf;f'5A(imin
10/9120079:50AM
Ray Bettows
ChlelPlanner
Dale
Apprnvrd Hy
Community Df'velol'lllent&
E"vlrrlnll1e"I~1 S"rvlr."..
Zoning 80Land OevplOpllIentRevlpw
101101200710:32 AM
Applications Analyst
Date
Approved BJ
OMB CoordlnMor
Administr.1tivIlSllrvlef'5
IntormMionTllchnology
10110/200712:44 PM
Mark Isackson
Budget Analyst
Date
Approved lIy
COllntyMan8!JM', Of tier
Ofllr;p III Man~gemrllt & B\ld!l~t
10110120071:39PM
Apl,roved By
JamesV. Mudd
BoarclofCounty
COll1l1,isslol1HS
County ManagH
Date
Coul1ty Manager's Of lice
10114/200710:35AM
Agenda Item No. 17A
October 23. 2007
Page 7 of 30
Co~r County
~~
-
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
DIVISION
HEARING DATE: SEPTEMBER 20, 2007
SUBJECT: PETlTlON V A-2007-AR-11577, GREENTREE SHOPPING CENTER
PUD (WENDY'S OUT-PARCEL) VARIANCE
AGENT/APPLICANT:
Applicant:
B. F. Fort Myers, Inc.
1903 Stanley Gault, Pkwy
Louisville, K Y 40223-4159
Agent: Robert J. Mulhere, AICP
RWA, Inc.
6610 Willow Park Drive, Suite 200
Naples, FL 34109
REQUESTED ACTION:
The applicant is requesting a four-foot variance from the required front yard setback of 15 feet in
which no parking spaces are allowed as provided for in Section 3.3.A of the Green Tree Center
PUD. The request (if approved) would allow parking spaces within the Wendy's outparcel at 11
feet from the property line. The applicant is also requesting a nine-toot variance from the
required 20-foot wide landscape buffer adjacent to the Immokalee Road right-ot:way pursuant to
Section 4.06.02.C4 of the Land Development Code (LDC).
GEOGRAPHIC LOCATION:
The subject property is located at 10941 Airport Road (CR-31), on Tract C, an outparcel of the
Green Tree Shopping Center PUD, in Section 26, Township 48 South, Range 25 East, of Collier
County, Florida. (See vicinity map on page 2)
PURPOSEIDESCRIPTION OF PROJECT:
The applicant is requesting two variances as a result of a "taking" of approximately +/, 15.0 feet
from the Wendy's outparcel road frontage for the needed right-of-way for the expansion of
lmmokalee Road (CR-846). The first is a parking variance, which if approved will allow two
VA~2007~AR-] 1577, Green Tree Shopping Center pun 1
cepc Public Hearing September 20, 20D?
Agenda Item No. 17 A
October 23, 2007
Page 8 of 30
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VA-20Cl7.AR-11577, Green Tree Shopping Center pun 2
cepe Public Hearing September 20, 2007
Agenda Item No. 17 A
October 23, 2007
Page 9 of 30
existing parking spaces to remain within 11 feet of the property line by encroaching four feet into
the required minimum IS-foot front yard setback. The second is a variance of nine feet from the
required 20 foot wide landscape buffer width, per the Land Development Code (LDC) section
4.06.02.CA, to allow an 11-foot wide landscape buffer to remain along the Immokalee road
frontage. The existing building complies with setback requirements, which sits more than 40 feet
from the front property line.
The Wendy's Restaurant is required to provide a total of 46 parking spaces as depicted on the
previously approved 1992 site development plan (SDP -92-33), which included 39 on-site spaces
and seven off-site spaces. The existing access easement and parking agreement was found to be
legally void pertaining to Wendy's, as the Wendy's Restaurant was built in 1992 and the executed
parking agreement was approved in 1989. The petitioner, however, has agreed to the following
condition to bring the site into compliance with 1992 SDP approved parking requirements:
Within 180 days of approval of this variance, the applicant shall furnish Collier
County with a copy of an executed parking agreement providing for, at a
minimum. the use of seven qIJ-site parking spaces in a location convenient for
utilization by employees or customers ql the existing or any future commercial
business located on the subject property, as was required as a condition of the
previously approved SDP in 1992.
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The petitioner has also agreed to bring the site into compliance with the existing approved 1992
landscaping plan (See Exhibit A) by adding plant material around the perimeter lot and in the
area of the dumpster location. The condition of approval is as follows:
Landscaping within llW days o['the date of approval of this variance as depicted
in the Wendy's Parcel 134 Landscape Plan, last revised August 3, 2007, shall be
installed and shall he il1.\pected(iJ/' compliance with the plan by Collier County.
Should a permit he required to install said landscaping or to install or repair any
irrigation. said permit shall he obtained prior to installation or repair.
V A-2007-AR-11577, Green Tree Shopping Center PUD 3
cepe Public Hearing September 20. 2007
Agenda Item No. 17 A
October 23,2007
Page 10 of 30
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V A-2007~AR-11577, Green Tree Shopping Center PUD 4
cepe Public Hearing September 20, 2007
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Page 11 of 30
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Page 12 of 30
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PROJEJ;T, WENDYS PARCEL V ARlANCE 134
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V A-2007-AR-11577, Green Tree Shopping Center PUD 6
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cepe Public Hearing September 20, 2007
Agenda Item No. 17 A
October 23. 2007
Page 13 of 30
SURROUNDING LAND USE AND ZONING:
Subject Property:
Site of existing Wendy's Restaurant; zoned PUD
Surrounding: North -
East -
South -
West -
I mmokalee Road (currently being widened to 6
lanes)
Airport-Pulling Road
Greentree Center; zoned PUD
Greentree Center; zoned PUD
Zoning Atlas
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GROWTH MANAGEMENT PLAN (GMPl CONSISTENCY:
The GMP docs not address individual variance requests; it deals with the largcr issue of
the actual use. However, the site is located in the Mixed Use Activity Center Sub-district
on the County's Future Land Use Map of the Growth Management Plan (GMP). The
existing fast food restaurant use is a perrnitted use within this land use designation.
EVALUATION FOR IMPACTS TO TRANSPORT A nON. INFRASTRUCTURE
AND ENVIRONMENT:
Approval of this variance request will have no effect on infrastructure, transportation, or
the environment.
ANALYSIS:
Section 8.04.0 I of the Land Development Code (LDC) grants the authority to the Board
of Zoning Appeals (BZA) to grant variances. The Collier County Planning Commission
V A-2007-AR-11577_ Green Tree Shopping Center pun 7
cepe Puhlic Hearing September 20. 2007
Agenda Item No. 17 A
October 23, 2007
Page 14 of 30
is advisory to the BZA and utilizes the provisions of Section 9.04.03, which are general
guidelines to be used to assist the Commission in making a determination. Responses to
the items in Section 9.04.03 are as follows:
1. Are there special conditions and circumstances existing, which are peculiar to
the location, size and characteristics of the land, structure or building
involved?
Yes, as noted by the applicant, this variance request is necessitated by a taking of
land from the property owner by the County to widen Immokalee Road. Absent
that taking, the site would conform to applicable PUD/LDC requirements.
2. Are there special conditions and circumstances, which do not result from the
action of the applicant such as pre-existing conditions relative to the property,
which is the subject of the variance request?
Yes, see above comment. In addition, the County entered into a mediated
settlement agreement with the property owner in order to settle the taking claim by
submitting the variancc request. (See Exhibit B)
3. Will a literal interpretation of the provisions of this Land Development Code
work unnecessary and undue hardship on the applicant?
Yes. The encroachment does not result from any action taken by the property
owner. In the event of redevelopment or significant improvement to the site
without the variance, staff agrees it is likely that the owner would be required to
provide a minimum 20 foot Type D landscape buffer where only 9 feet is
remaining. Also, the two parking spaces nearest to Immokalee Road would have to
be removed due to their encroachment within a required front yard setback required
by Section 3.3.A of the Grcen Tree Center PUD. Currently, 46 spaces are required
by Ordinance, and 40 spaces are provided on site; however, seven spaces thru a
parking agreement with Grecn Tree PUD owners are provided on an adjacent lot.
A total 700 spaces are required of the Green Tree Shopping Center, and 820 spaces
are provided.
4. Will the variance, if granted, be the minimum variance that will make possible
the reasonable use of the land, building or structure and which promote
standards of health, safety and welfare?
Yes. The variance requested will not allow an increase of the eXlstmg
encroachment as a result of the taking. Approval of the variances should not havc a
negative impact upon the standards of health, safety, and welfare.
5. Will granting the variance requested confer on the petitioner any special
privilege that is denied by these zoning regulations to other lands, buildings, or
structures in the same zoning district?
VA-2007-AR-11577, Green Tree Shopping Center pun 8
cepe Public Hearing September 20, 2007
Aaenda Item No. 17A
- October 23. 2007
Page 15 of 30
Yes, granting the variance will confer special privileges to the petitioner in that the
landscape buffer width will be less than the required 20 feet, where within mixed
use activity centers. the standard minimum buffer width is typically 20 feet. In this
case, staff is only requesting that a Type D buffer remain intact with a minimum 5-
foot improved buffer width. Also, granting a variance to allow parking within the
required setback confers special privileges to the petitioner as well; however, all
off-street parking particularly for high intensity commercial uses within mixed use
activity centers are badly needed. Thus staff is requesting that the variance for
parking be granted to allow the two existing spaces which encroach into the
required front yard be approved.
6. Will granting the variance be in harmony with the general intent and purpose
of this Land Development Code, and not be injurious to the neighborhood, or
otherwise detrimental to the public welfare?
Approval of this variance will not be injurious to the neighborhood or otherwise
detrimental to the public welfare. There is adequate parking to serve the subject site
within the adjacent shopping center parking lot provided an agreement is executed.
7. Are there natural conditions or physically induced conditions that ameliorate
the goals and objectives of the regulation such as natural preserves, lakes, golf
courses, etc.?
No.
8. Will granting the variance be consistent with the Growth Management Plan?
Approval of these variances will not affect or change the requirements of the
Growth Management Plan.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
The EAC does not hear variance petition requests.
RECOMMENDA TION:
Staff recommends that the Collier County Planning Commission (CCPC) forward
Petition V A-2007-AR-11577 to the BZA with a recommendation of approval subject to
the following conditions:
I. The variances are limited to the extent of development as depicted in the
Conceptual Site Plan, entitled "B.F. Ft. Myers Inc.. Wendy's Parcel Variance 134,
Variance Exhibit "C", dated August 2007, which is a one-page plan prepared by
R W A Consulting Inc.
VA-2007-AR-1 ]577, Green Tree Shopping Cl:nter PtJD 9
cepe Public Hearing September 20, 2007
Agenda Item No. 17A
October 23,2007
Page 16 of 30
2. Landscaping within 180 days of the date of approval of this variance as depicted
in the Wendy's Parcel 134 Landscape Plan, last revised August 3, 2007, shall be
installed and shall be inspected for compliance with the plan by Collier County.
Should a permit be required to install said landscaping or to install or repair any
irrigation, said penn it shall be obtained prior to installation or repair.
3. Within 180 days of approval of this variance, the applicant shall furnish Collier
County with a copy of an executed parking agreement providing for, at a
minimum, the use of 7 off-site parking spaces in a location convenient for
utilization by employees or customers of the existing or any future commercial
business located on the subject property, as was required as a condition of the
previously approved SDP in 1992.
4. This variance applies to the subject parcel in its present plaited configuration. Any
replat, including further subdivision or reconfiguration of this parcel with adjacent
lands, shall render this variance null and void, requiring adherence to all
applicable development standards in effect at the time ofredevelopment under the
replatted condition.
PREPARED BY:
WILLIE BROWN, AICP, PRINCIPAL PLANNER DATE
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
REVIEWED BY:
JEFFREY A. KLATZKOW DATE
MANAGING ASSISTANT COUNTY ATTORNEY
RA YMOND V. BELLOWS, ZONING MANAGER DATE
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
SUSAN MURRAY ISTENES, AICP, ZONING DIRECTOR DATE
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
v A,2007,AR, t 1577, Green Tree Shopping Center PUD 10
cepc Public Hearing September 20, 2007
Agenda Item No. 17 A
October 23.2007
Page 17 of 30
APPROVED BY:
JOSEPH K. SCHMITT, ADMINISTRATOR DA TE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
COLLIER COUNTY PLANNING COMMISSION:
MARK P. STRAIN, CHAIRMAN
Petition Number VA-2()07-AR-11577
DATE
Attachments:
Exhibit A - 1992 SDP Approved Landscape Plan
Exhibit B - Mediated Settlement Agreement
V A-2007-AR~J 1577. Green Tree Shopping Center PUD 1]
cepe Public Hearing St:ptcmber 20. 2007
Agenda Item No. 17 A
October 23, 2007
Page 18 of 30
1992 SOP Approved Landscape Plan
with modifications
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Exhibit "A"
V A~2007 -AR-11577. Green Tree Shopping Center pun 12
cepe Public Hearing September 20_ 2007
Agenda Item No. 17 A
October 23, 2007
Page 19 of 30
COLLIER COUNTY GOVERNMENT
DEPT OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
(i)
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 403-2400 FAX (239) 643-6968
VARIANCEPETtnONAPPLlo.:nON
'.; "'" :.":", . .... . .. .. -~.,.
(V .6,RfAt:l9EFR()M SETBACKi~)R~4~I~ED,I'ORA,PARTICULAR~ONcIN~ DI~jRI~)" .... .
PETITION NO (AR)
PROJECT NAME
PROJECT NUMBER
DATE PROCESSED
ASSIGNED PLANNER
To be completed by staff
Above to be completed by staff
. -,., '..c"C~,",:",':-:';'Jt:
A,PPLiCfi{lIif!A$ENT' INFORMATION
':c.;......
NAME OF APPLlCANT(S) B F FT. MYERS. INC,
ADDRESS 1903 STANLEY GAULT PKWY. CITY LOUISVILLE STATE KY ZIP 40223-4159
TELEPHONE # 15021254-7130 CELL # FAX # 502254-7031
E-MAIL ADDRESS:LLIMEBERRY[a)BFCOMPANIES.COM
NAME OF AGENT
ROBERT J. MULHERE. AICP, DIRECTOR OF PLANNING. RWA, INC.
ADDRESS 6610 WILLOW PARK DRIVE, SUITE 200 CITY NAPLES
TELEPHONE # 239-597-0575 CELL # 239-825-9373
E-MAIL ADDRESS:RJM[a)CONSULT-RWA.COM
STATE FL
ZIP 34109
FAX # 239-597-0578
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF
ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS,
,-
Van<mce Application rev 1:zn3/04
Agenda Item No. 1.7 A
October 23, 2007
Page 20 of 30
I
ASSOI:IATIONS ....
I
I:omplete the following for all Association(s) affiliated with this petition. Provide additional
sheets if necessary.
NAME OF HOMEOWNER ASSOCIATION: NIA
MAILING ADDRESS
CITY
STATE
ZIP
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS
CITY
STATE
ZIP
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS
CITY
STATE
ZIP
NAME OF MASTER ASSOCATION:
MAILING ADDRESS
CITY
STATE
ZIP
NAME OF CIVIC ASSOCIATION,
MAILING ADDRESS
CITY
STATE
ZIP
--.JJ
I l'ROP;l:ltrY,.DESCRIPTlbN
Legal Description of Subject Pr'operty:
Sedion/Township/Range -2A..J~~ Property LD..#: 46690000306
Subdivision:
Unit
Lot:
Block:
Metes & Bounds Description: Green Tree Center Tract lie"
Acreage 1.12
Address of Subject Property (If ditTerent iromPetitioner's address):
10941 Aimor! Road Narth
Variance Application rev 12123/04
Agenda Item No. 17.A
October 23, 2007
Page 21 of 30
ADJACENT ZONING AND LAND USE
Zoning
Land Use
N
5
E
W
ROW
PUD
ROW
PUD
Immokalee Rood
Green Tree Center PUD
Immokalee Road
Green Tree Center PUD
Minimum Yard Reauirements For Subiect Property:
Front-:
Comer Lot;
Waterfront Lot:
Yes [8J
Yes 0
No 0
No 0
Side:
Rear:
I
ii1AtuIi.E OF PETITION
I
Provide a detailed expranation of the request including what strudures are existing and what is proposed;
the amount of encroachment proposed using numbers, Le. reduce Front setback ftom 25' 10 18': when
property owner purchased property; when existing principal structure was built (include building permit
number (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc.
For projects authorized under LOC Section 9..04.02, provide detailed description of site alterations,
including any dredging and Riling.
See attached narrative Exhibit A.
Please note that stoff and the Collier County Planning CommiSSion shall be guided in their recommendation to
the Board of zoning Appeals, and that the Boord of zoning appeals shoJI be guided in its determination to
approve or deny a variance petition by the below listed criteria (1-8). (Please address these criteria using
additional pages if necessary.)
Valiance Application rev 12/23/04
Agenda Item No. 1711'
October 23, 2007
Page 22 of 30
l. Are there special conditions and circumstances existing which are peculiar to the location, size and
characteristics of the land, structure, or building involved..
Yes. This variance reouest is nel;essitoted by 0 tokina of land from the orooertv owner bv the County to
widen Immokalee Road. Absent that tokinCl. the site would conform to ooolicable PUD/LDC reauirements.
In addition. the reduced buffer can still accommodate the reauired veaetotion. Finally. the County entered
into a mediated settlement agreement with the property owner in order to settle the Taking claim. Absent
the mediated settlement agr'eemenl Collier COllllty'S exposure would, at a maximum be $299.416.00 in
business damages and UP to $145.500 in severance damages for the cost to cure if a Jurv were to agree
with the owner. A condition of the mediated settlement agreement was that Collier County would obtain
"a binding official interPretation from the authorized County reoresentative of Commllllity Development
and Environmental Selvices Division. that the reduced deoth of the landscape buffer is sufficient llllder
terms acceotable to both narnes. tI Given this snecific condition of the mediated settlement ae::r"eement. a
written ,'eouested for Zoning Ve,ification was submitted to Susan Munav Istenes. AlC? Director,
Deoartrnent of Zonin~ and Land Develonment Review. The soecific Dwnose of the Mitten request for a
Zoning Intororetation Letter was to obtain a written confirmation of the legal nonconfOlming status of the
subiect structure and a written commitment from the approPIiate County staff indicating exactly to what
delZree chan2:es. alteIations. and imnr'Ovements can be made without tril!u:erinl! a need to brmQ: all. or
certain POItions. ofthe site into conmliance with Land Develooment Code ILDC) reouirements in effect at
the time of permitting of such imorovements. The County was unable to produce a binding intermetation
or letter that would ensure that the Droperty owner would not be required to replace the reduced landscape
buffer at a future date. If the proposed variance is aPDroved, the owner' will not be reouired to make the
landscaDe buffer conform to the code required width of 20 feet, even under a scenario where the existing
parcel is redeveloped.
2. Are there special conditions and circumstances which do not result from the action of fhe applicant
such as prewexisfing conditions relative to the property which is the subject of the variance request.
Yes. see above.
3. Will a Iiterallnterpre1'otion of the provisions of this zoning code work unnecessary and undue
hardship on the applicant or create practical difficulties on the applicant..
Yes. since the encroachment does not result from any action token by the orooertv owner. but rether by
the County and in the event of redevelooment or sionificont imorovement to the site. without the variance
it is likelv that the owner would be reauired to orovide a buffer that meets the width reauirements of the
LDC. Given these circumstances and the fact that the remaininQ landscaoe buffer will be more than
adeauate. the requested varIance makes sense.
I
,.
Variance Application rev 12/23/04
Agenda Item No. 17 A
October 23.2007
Page 23 of 30
4 Will the variance, if granted, be the minimum variance that will make possible the reasonable use of
the land, building or structure and which promote standards of health, safety or welfare.
Yes.
5. WlII granting the variance requested confer on the petitioner any special privilege that is denied by
these zoning regulations to other lends, buildings, or structures in the some zoning district.
Yes. in that the landscaoe buffer width will be less than the recwjred 20 feet. but aaain. this is due to
covemment action in the form of a take to accommodate widenina of Immokalee Roed.
6. Will granting the variance be in harmony with the intent and purpose of this zoning codel end not be
iniurious to the neighborhood, or otherwise detrimental to the public welfare~
Yes,
7 Are there natural conditions or physically induced conditions that ameliorate the goals and
objectives of the regulation such as naturol preserves, lakes, golf course, etc.
Not AoolicabJe.
8 Will granting the variance be consistent with the growth management plan.
BE ADVISED THAT SECTION 10.03.0S"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,
VarianceApplicRtion rev. ]2/23/04
Agenda Item No. 1,7 A'
October 23, 2007
Page 24 of 30
VARIANCE PETITlON
(VA) APPLICATION
SUBMITTAL CHECKLIST
THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW
WICOVER SHEETS ATTACHED TO EACH SECTtON.
NOTE: INCOMPLETE SUMBITTALS Will NOT BE ACCEPTED.
#OF NOT
REQUIREMENTS COPIES REQUIRED REQUIRED
Comoleted Aoolication (download from website for current form) 15
Pre-Application meetino notes 15
Comoleted Addressinc Checklist, Sioned by Addressing Department I
Conceptual Site Plan 24" x 36" and one 8 V2 .. x 11" CODY 15
Survey of orooertv showina the encroachment (measured in feet) 1
Owner/Agent Affidavit signed & notarized I
Deeds/legers 2
Location map I
Aerial Photograph (token within the previous 12 months) 5
Electronic copy of all documents and plans (COROM or Diskette) I
Hbtoricol Surveyor wai....er reauest I -I'
Property Owner Advisorv letter and Certification I
Environmental Impact Statement (EIS) and digital/electronic: COP'Y of EIS or -I'
exemption justification 3
r
FEES:
o Pro~opplicotion Fee $500,00 (Applications submitted 9 months or more after the date of the last pre-app meeting
shall not be credited towards application fe8s and a new pre-.application meeting will be required.)
Review Fees:
o $2000.00 Residential
[81 $5000.00 Non.Residential
o $2000.00 Sign Variance
o After-The-Fact Zoning/land Use PetItions 2x the normal petition fee
r?SJ $760..00 Estimated legal Advertising Fee - cepe Meeting
C8:I $363.00 Estimated Legal Advertising Fee ~ Bee Meeting
(any over- or under-poyment will be reconciled upon receipt of Invoice from Noples
Daily News),
o $250000 EIS Review
OTHER REQUIREMENTS,
o
n
~
AgentlOwnel Signature
Robert 1.. Mlllhere, AICP,
RWA,Inc.
,
;-
3-<:;?:-o-,
Date
Variance Application rev 11/23/04
Agenda Item No. 17 A
October 23. 2007
Page 25 of 30
RESOLUTIONNQ,07-
A RESOLUTION OF TIlE BOARD OF ZO~G
APPEAIS OF COllIER COUNTY, FLORIDA,
RELATING TO nHllON NUMBER VA,2007-AR-
11577, FOR A FOUR (4) FOOT VARIANCE FROM TIlE
REQtilRED FIFI'EEN (15) FOOT FRONT YARD
SETBACK TO El..EVBN (11) FEET AND A NINE (]I)
FOOT VARL-\.NCE. FROM TIlE REQUIRED TWENTY
(20) FOOT LA!'IDSCAPE BliFFER TO ELEVEN (11)
FEET FOR PROPERTY LOCATED W1THIN THE
GREEN TREE PUD (ORDINANCE 81-58) ON
PROPERTY IlEREINAFrER DESCRIBED IN COlllER
COU1o<TY, FLORIDA
WHEREAS, !be T -g;<Iotm-e of !be State of Florida in Cbapta: 125, Florida Stumes,
has cooferred Oil cl1 c:01mties in Florida the power to establish, COOIdinate and enforce zoning
and Sllcll bllsiness regnlatiQIJS lIS are necessary fur the protection of the pnblic; and
w"HEREAS, the Coumy pnr=t _ has adop'.ed . Land Developm=t Code
(IDC) (OJ<linance No, 2004-4t, lIS lOIlCItllod) ..llich establishes regcial:ions fur the zcmil>g of
partlccl3r geogropbic divisions of:be Coumy,lIlllOIl8 which is the gnmting ofVlll:ian=; and
WHEREAS, theBoard of Zoning Appeals, bciIJg theduly e1""'<<1 constituted Boanl of
the areahereby alfectod. has held . publk he2ring aft::r ~otice lIS in said regWalioDS made and
provided, and bas cotlSidered 1l1e advisability of. 4 fuot vari= from the roqttited fumt yard
setback of 15 feet to 11 feet and . 9 foot vari= from the requirl:d 20 foot landscape bum
to 11 fret fur the sttbje:;t property, wifuin 1l1e Gr= Tree PUD (Ordinance 81-58) Zoning
Dislrie'., lIS shown on !he anaclIc:d plot p!all, Exlribit . A", for the property hereiD2frer
descriJ:>ed, am has f"""d as ~.,..",.,. of ia<:t that ~ provisiol1 and a=ngeme:ttt ltave
been mzde ~e-ming all applicable matters roqttited by said regnlatiOI'tS and in aocord=
wifu Section 9.04.00 of the Zoning Regtilittioos of said 1.and Development Code for tlte
~pv.&..ili:dm;aofCollicrCounty; and
WHEREAS, all b-t1e=ted p2rties bave been giVC1l opporttmity to be I=td by this
Boord in pobEc meeting assembled, and !he Board having eonsidererl aJI_ preseIlted.
NOW, TIiEREFORE, BE IT RESOLVED BY TEE BOARD OF ZONING
APPEAlS OF COLLIER COUNTY, FLORIDA, tmtt
The Petition V A-2004-AR-11577 filed by Robert Mnlltere ofRWA, Inc, rt;lmlenting
B. F. FortM)'OIS, lize., witb.:=p= to the propalyher::maJ'rer descOoed as;
See Exm'bt "B"
be and the same heoeby is approved fur . 4 fuot vati:mee from tbe oequl=lftoot y:mI se1back
of 15 feet to 11 feet and . 9 foot vari= from !he requirl:d 20 foot landscape _ to 11
1
Agenda Item No. 17 A
October 23, 2007
Page 26 of 30
feet, as shown on me attached plat pIall. &m"bit "A" in me Grcco:t T:ree Pli]) ZocingDistriet,
..ilacin said property is _ SlIbjed:to me following conditions:
See &m"br. "C"
BE IT FGRTHER RESOL VEl) thaI Ibis R=>lmion reJatiJJg to Petition Jo>.ilmber V A-
2007-AR-IIS77 bereeorded in me minutes of Ibis Boord.
This Rcsolmion adopted afu:rmoticm, s=md and majorityvote.
Doo;: lIDs
day of
,2007.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF ZONING Al'PEAIS
COllIER COUNTY. FLORIOA
BY:
Depv.ty CIeri<
BY:
JAMES COlETTA, (1)>;'',,,..
~ov<d as to Fonn and
I.egaI Suffici""o/-
~'~rn .fj-""".i,i--~~
Mlllj' StwU:nl-Stirling U
AssislaDl County Attmney
A~t'".Jnn....nt~. F..xbibIl: A:. Plot. Plan
fubibil B: I.egaI Description
Exb;bit C: Condirions of Approval
VA-:lI:m-AA-llST1~
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;~:i;~;~bt~C:':.1:{\~tl~!;~~t\1:~:~~i~~:f~:" .
Agenda Item No. 17 A
October 23. 2007
Page 29 of 30
J:.'~: _1?~'~~";~~~~~'fi~!ttir:.~f'~~!~~}.';
Subdivision:
Unit
SeclionjTown,hip/Range ~~~ P'operty 1.0.#: 46690000306
Lo"
Block:
Metes & Bounds Description: Green Tree Center Truet UC"
Acreage 1.12
Address of Subject Property (Ifdiiferent from Petition",', add=s):
10941 Ai,oo,tRoad North
Variance ApplicatiOTl r~_ 12123104
...-
'".;,:.' :-
";}:~'
Exhibit "B"
Agenda Item No. 17A
October 23, 2007
Page 30 of 30
CONDITIONS OF APPROV AL
Green Tree PUD Variance
V A-2007-AR-11577
Conditions:
1. The variance is limited to the extent of development for landscaping and off street
parking as depicted on the Conceptual Site Plan, entitled "B.F. Ft. Myers Inc.,
Wendy's Parcel Variance 134, Variance Exhibit "COO, last revised AU2Ust 2007.
which is a one-page plan prepared by RW A Consulting Inc.
2. Within 180 days of the date of approval of this variance the landscaping as
depicted on Exhibit "Coo, shall be installed and shall be inspected for compliance
with the plan by Collier County. Should a permit be required to install said
landscaping or to install or repair any irrigation, said permit shall be obtained
prior to installation or repair.
3. Within 180 days of approval of this variance, the applicant shall furnish Collier
County 'with a copy of an executed parking agreement providing for, at a
minimum, the use of 7 off-site parking spaces in a location convenient for
utilization by employees or customers of the existing or any future commercial
business located on the subject property, as was required as a condition of the
previously approved SDP in 1992.
4. This variance applies to the subject parcel in its present platted configuration. l\11Y
replat, including further subdivision or reconfiguration of this parcel ""ith adjacent
lands, shall render this variance null and void, requiring adherence to all
applicable development standards in effect at the time of redevelopment under the
replatted condition.
EXHIBIT C
Agenda Item No. 176
October 23. 2007
Page 1 of 92
EXECUTIVE SUMMARY
PUDZ-2005-AR-7883, Habitat for Humanity of Collicr County, Inc., represented by
Dwight Nadeau, of RW A, Inc., is requesting a rezone from the Agricultural (A) Zoning
District to the Residential Planned Unit Development (RPUD) for an affordable housing
project to be known as the Habitat-Woodcrest RPUD allowing a maximnm 66 residential
units on 11.2 acres of land. The subject property is located on the west side of W oodcrest
Drive, south of Immokalee Road (CR 846), just north of Acrcmaker Road, iu Section 26,
Township 48 South, Range 26 East, Collicr Connty, Florida.
OBJECTIVE:
To have the Board of County Commissioners (BCC) consider an application to rezone the
subject tract from the Agricultural (A) Zoning District to the Residential Planned Unit
Development (RPUD) Zoning District, and to adopt the accompanying Affordable Housing
Density Bonus (AHDB) Agreement, while making certain that the project is in harmony with the
applicable County codes and regulations in order to ensure that the community's interests are
maintained.
CONSIDERA TIONS:
The petitioner proposes a residential development on the subject 11.2-acre site that would allow
for a mixture of attached and detached single-family homes for families earning 60 percent or
Icss of the County's median income. A maximum of 66 affordable dwelling units at a gross
density of 5.9 units per acre is being proposcd. To achieve this density, the petitioner is seeking
approval of an AHDB Agreement (see Exhibit C to the Staff RepOli) authorizing an additional
1.9 affordable housing bonus density units per acre over the four dwelling units per acre base
density permitted by the Comprehensive Plan.
As depicted on the PUD Master Plan, access to the prOpel1) would be from Woodcrest Drive, a
north-south roadway j',mning the castern boundary of the propel1y. Primary access would be
afforded from an cntrance near the northern propel1y boundary: and another access point near the
southern boundary of the property is proposed for cmergency ingress/egress only. The exact
alignment of these accesses, as well as building placement. would be determined at the time of
Site Development Plan (SDP) approval.
The petitioner is seeking approval of four deviations, outlined in Exhibit E to the application,
cntitled, "List of Requested Deviations f)'om the LDC" The requcsted deviations are as follows:
Deviation 1 seeks relief from LDC Section 6.06.01(0), for cul-de-sac and local streets, and LDC
Appendix B, (Section III P.5. of the proposed Construction Standards Manual Intended 10 bc
adopted as part of the County's Administrative Code), which rcquire 60-foot right-of-ways, to
instead allow a 50-foot right-of-way. According to the petitioner, the 50-foot right-of-way is
_ needed to provide flexibility in the final design of the development, but would be subject to the
provision of any required utility easements running parallel to the right-of-way. The petitioner
Page 1 of 8
Agenda Item r,o. 178
October 23. 2C107
Page 2 0192
contends that this deviation is reasonable since it has been implemented m subdivisions
throughout the County without compromising health, safety, and welfare.
Deviation 2 seeks relief from LDC Subsection 5.03.02.C.1, which requires that fences be no
greater than six feet in height. According to the petitioner, a maximum height of eight feet is
needed to provide noise abatement beyond the requirements of the LDC since a portion of the
project will abut Woodcrest Drive, "a proposed minor collector roadway." At present, Wood crest
Drive is actually a local street; howevcr, this is a reasonable deviation that has becn applied
throughout the County, and would not comprise public health, safety and welfare.
Deviation 3, related to Deviation 2, seeks relief from Sub-section 5.03.02.A.9 and Sub-section
5.03.02.B, which require fence and wall heights to be measured from existing grade, in order to
allow fence and wall heights to be mcasured from finished grade. As stated in the deviation
language in Exhibit E, finished grade would be no more than 18 inches above the croWTI elevation
of the nearest existing road, unless the fence or wall were constructed on a perimeter landscape
berm, in which case the fence or wall would not cxcced seven fcet in height from the top of the
berm elcvation, with an average side slope of greater than 3: 1. (See cross-section A-A and cross-
section B-B in Exhibit E.) This deviation has also been applied throughout the County and would
not pose a risk to public health. safcty and welfare.
Deviation 4 seeks relief, if needed, from LDC Section 6.06.01..1. and Section Ill, Exhibit A,
Design Rcquirements for Subdivisions C.13.f., of the Administrative Code for Collier County
Construction Standards Manual adopted through Ordinance No. 2004-66, which prohibits dead-
cnd strects/cul-de-sacs from being grcater than 1,000 feet in length. The proposed development
design may require cul-dc-sac strcets to be in excess of 1,000 feet in length to provide for
stormwater managemcnt facilities and to provide sufficient area for the requestcd numbcr of
units. This deviation will only be utilized where necessary. and was suggested hy the Collier
County Planning Commission during thcir September 20, 2007 public hearing on this RPUD
Petition.
FISCAL IMPACT:
The rezoning action. in and of itsel[ will have no liscal impact on Collicr County. Thcre is no
guarantee that the project, at build out, will maximize its authorized level of development,
however, if the RPUD is approved. a portion of the existing land will he devclopcd and thc ncw
development will result in an impact on Collier County public filcilities.
The County collects all applicable impact fees before the issuance of building permits to help
offset the impacts of each new development on its public faeilitics. These impact fees are used to
fund projects idcntilled in the Growth Management Plan's (GMP) Capital Improvement Element
(CI E) as needed to maintain adopted Levels of Service (LOS) for puhlic facilities. Additionally,
in order to meet the requiremcnts of Section I 0.02.07(C) of the Land Development Code, nfty
percent of the estimated Transportation Impact Fees associatcd with the projcct are required 10 be
paid simultaneously with thc approval of caeh final local development order. Other fees
collected hefore the issuance of a building permit include building permit review lees and utility
fees associated with connecting to the County's \Vater and sewer system.
Page 2 018
Agenda !tem t~o. 178
October 23, 2007
Page 3 of 92
Please note that the inclusion of impact fees and taxes collected are for informational purposes
only; they are not included in the critcria used by Staff and the Planning Commission to analyze
this petition.
GROWTH MANAGEMENT PLAN lMPACT:
Future Land lJse Element (FLUE):
The subject propcrty is designated Urban Mixed Used District, Urban Residcntial Subdistrict, as
identified on the Future Land Use Map (FLUM) of the Growth Managcment Plan. Relevant to
this petition, the residential and recreational uses proposed with the RPUD are consistcnt with the
Urban Mixed Use District/Urban Residential Subdistrict. The Density Rating System permits a
base density of four dwelling units per acre in the Urban Residential Subdistrict, calculated using
the gross project acreage. A maximum of up to cight dwelling units per gross acre may be added
to the base density, for a total cligible density of 12 dwelling units per acre, if the project meets
the requirements of the AHDB Ordinance, as stated in Section 2.06.00 of the Land Development
Code. Per the submitted AHDB Agreement, the Habitat-Woodcrest RPUD, in accordance with
Table A. ofLDC Section 2.06.00, does qualify to receive eight dwelling units per acre in addition
to the base four units per acre, for a total of 12 dwelling units per acre for the project. However,
as shown in the table below, the petitioner is only requesting 1.9 additional dwelling units per
acre, for a total density of 5.9 units per acre, yielding a maximum 66 residential dwelling units for
the total project area.
Eligible vs. Proposed Project Density
Base Density 4 DU/A
Eligible AHDB Density 8 DU/A
Total Eligible Density 12 DWA
Base Density 4 DU/A
Rcqucstcd AI-IDB Dcnsity ].9 DU/A
Total Requested Density 5.9 DWA
FLUE Policy 5.4 requires new developments to be compatible with surrounding land uses.
Comprehensive Planning has left this determination to 7c)J1ing and Land Development Revicw
stan' as pari of their revie\\ oflhe pctition in its entirety.
In order to promote Smart Growth policics. and adhcre to the existing development character of
Collier County, the f(lllowing italicizcd policies (followcd by staffs comments) are to he
implemented for new development and redevelopment projects, where applicable:
Policy 7.1
Thc County shall encourage developers and property owners to connect their propertics to
fi-011ling collector and arterial roadl'. except whcre no s1/ch connection can be made without
violating intersection .Ipacing requiremcnts of thc Land Development Code. The Habitat
Woodcrest RPUD would be accessed from Woodercst Drive, a local road.
Page 3 018
Agenda Item No. 178
October 23, 2007
Page 4 at 92
Policy 7.2
The County shall encourage in/ernal accesses or loop roads in an effim /0 help reduce vehicle
congestion on nearby collector and ar/erial roads and minimi::e the need for traffic signals. The
RPUD Master Plan provides for internal access.
Policy 7.3
All new and existing developments shall be encouragcd to conneel their local streets and their
interconnection po in/ with adjoining neighborhoods or other developments regardless ()f land use
type. The PUD Master Plan does show a stub-out to the west to the Crystal Lake RV Resort; and
given the small size of the project, its frontage on two streets, and the project layout depicted on
the PUD Master Plan, only one interconnection is feasible.
Policy 7.4
The County shall encourage new developments to provide walkable communities with a blend of
densities, common open spaces, civicfacilities and a range of housing prices and Iypes. The
PUD Exhibits submitted with the application and the RPUD Master Plan provide for sidewalks,
detached and attached single family dwellings, recreation and preserve areas. The AHDB
Agreement provides for dwellings that will be priced for two different income levels (low- and
very low-income). No civic facilities are planned for this small, 11.2-acre project.
Based upon the above analysis, Comprehensive Planning staff has concluded the proposed PUD
rezone may be deemed consistent with the Future Land Use Element.
Transportation Elemcnt:
Transportation Planning staff has rcviewed this petition's Tramc Impact Statement (TIS) and the
PUD documents to ensure that the proposal addrcss this projecfs potential traffic impacts and to
ensure consistency regarding the Transportation Element's Policy 5.1, which requires that the
County not approve petitions that signijicantly impact a roadway segment already operating, or
projected to operate, at an unacceptable Level of Service (LOS) within the five-year planning
period unless specific mitigating stipulations are approved. According (0 thc TIS. the LOS f,)r
all links in thc project's area at thc timc or buildout would meet LOS standards of the Annual
Lpdate and Inventory Report tables 1'01' AM and I'M peak hours. Therefore, no on~site
improvements are proposed. and the project has bcen deemed consistent with Policy 5.1 or the
TranspOJ1ation Element orthe Gn1\v1h Managcment Plan.
Housing Elemcnt:
Housing and Human Services Depal1ment staff has reviewed the PUD document to cnsure the
document contains the appropriate language to address this project's proposal to provide
affordable housing, and finds the proposed development to be consistent with Section2.06.00 or
the Land Development Code (LDC) and the Housing Element of the GMP.
Approval of the PUD rezone to provide affordable housing units would be consistent with the
intent ofGMP I lousing Element Objective I, which states:
"The number of new affilrdable h01/sing units shall increase hy a/ least 15 percent of the 1/nits
approved to be buill in the County per year, but no/less than I, ()()() units per year averaged over
ajive-year period in an effiJrt to con/inue /0 meet the current andf;,/ure housing needs of all
legal residents with wly-Iow, low and moderate incol11es... ..
Page 4 01 8
Agenda [tern No. 178
October 23, 2007
Page 5 0192
GMP Conclusion:
The Gro\\1h Management Plan is the prevailing document supporting land use decisions. As
such, staff is required to make a recommendation regarding a finding of consistency or
inconsistency with the overall GMP as part of its recommendation for approval or denial of any
rezoning petition. As indicated, staff believes this petition is consistent with the FLUM and the
FLUE, Transportation Element Policy 5.1, and the Housing Element. Therefore, the proposal is
deemed consistcnt with the goals, objectives and policies of the GMP.
AFFORDABLE HOl.lSING IMPACT:
The petition would provide up to 66 affordable housing units for families earning 60 percent or
less of the County" s median income, which, as previously stated, would be consistent with the
purpose and intcnt of the Housing Elemcnt ofthe GMP.
ENVIRONMENTAL ISSUES:
There are no environmental issues associated with this PUD rezone petltton. The applicant
applied for and received an Environmental Impact Statement exemption for the site since:
. The property does not fall within an A rea of Critical State Concern or Special Treatment
Ovcrlay;
. No impacts to wetlands or listed species arc proposed;
. The natural drainage on the site has alrcady becn altcred by its present agricultural use and
will not be further degraded by the projcct; and
. The site has becn prcviously clcared. with the applicant proposing to improve its ecological
deficiency by restoring an approximately I. IS-acre wetland area on the site and designating it
as a preserve in perpetuity.
ENVIRO"lMENTAL ADVISORY COUNCIL (EACl RECOMME"IDATlON:
The applicant rcceivcd an Environmental Impact Statement exemption li:Jr the site; and this
petition was not heard by thc EAC.
COLLIER COUNTY PLAN"IING COMMISSION (CCI'C) RECOMMENDATION:
The Collier County Planning Commission (CCPC) hcard this pctition at their September 20,
2007 mecting, and votcd 9-0 to forward this petition to the BZA with a recommendation of
approval, subject to minor modifications, which have bccn incorporated into the PU!) documcnts
(attached to the Ordinance). Because their approval was unanimous and no Icttcrs of objcction
have been received, this petition has been placed on the summary agenda.
LEGAL CONSIDERATIONS:
This is a site specific rezone from an Agricultural (A) Zoning District to the I-Iabitat- Woodcrest
Residential Planned Unit Development (RPUD) Zoning District. Site specific rezones are quasi-
judicial in nature. As such the burden falls upon the applicant to prove that the proposed rezone
Page 5 of 8
AGenda Item No. 178
- Octobel 23.2007
Page 6 of 92
is consistcnt with all the critcria sct forth below. The burden then shifts to the Board of County
Commissioners (BCC), should it consider denying the rezone, to determine that such denial
would not be arbitrary, discriminatory or unreasonable. This would be accomplished by finding
that the proposal does not meet one or more of the listed criteria below.
Criteria for PUD Rezones
Ask yourself the following questions. The answers assist you in making a determination for
approml or not.
1. Considcr: 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 utilitics.
2. Is there an adequacy of cvidence 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 rccommendatirms of this type shall be made only
afier consultation with the County Attorney.
3. Consider: Conformity of the proposed PUD with the goals, objectives and policies
of the Gnm1h Management Plan.
4. Consider: The internal and cxtemal compatibility of proposed uses, which
conditions may include restrictions on location of improvements, restrictions on
dcsign, and bufTering and screening rcquirements.
5. Is there an adequacy of usable open space areas in existence and as proposed to scrve
the development?
6. Considcr: Thc timing or sequencc of dcvelopment (as proposed) for the purpose of
assuring the adequacy of available improvements and facilities, both public and
private.
7. Consider: The ability of the subject property and of surrounding areas to
accommodate expansion.
8. Considcr: Conformity with PUD regulations, or as to desirable modifications of
such regulations in the paI1icular case. based on determination that such modifications
are justified as mecting public purposes to a degree at Icast equivalent to literal
application of such regulations.
9. Will the proposed change be consistent with the goals, objectives, and policies and
futurc land use map and thc clemcnts of the gro\vth management plan?
10. Will the proposed PUD Rezone be appropriate considering the existing land use
pattcrn?
Page 6 of8
Agenda item r-Jo. 178
October 23, 2007
Page 7 of 92
II. 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 dravm in relation to
existing conditions on the property proposed for change.
13. Consider: Whether changed or changing conditions make the passage of the
proposed amendmcnt nccessary.
14. Will the proposed change adversely influence living conditions in the neighborhood?
15. Will the proposcd change create or excessively incrcase traffic congestion or create
types of traffic dccmed incompatible with surrounding land uses, because of peak
volumes or projected types of vehicular traffic, including activity during construction
phases ofthe development, or otherwise affect public safety?
16. Will the proposed change create a drainage problem?
17. Will the proposed change seriously reduce light and air to adjaccnt areas?
18. Will the proposed change adversely affect property values in the adjacent arca?
19. Will the proposed change be a deterrent to the improvement or development of
adjacent propel1y in accordance with existing regulations?
20. Consider: Whethcr the proposcd change will constitute a grant of special privilege
to an individual owner as contrasted with the public welfare.
21. Are there substantial reasons why the property cannot ("reasonably") be used III
accordance \vith 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 f(lr the
proposed use in districts already permitting such use.
24. Consider: The physical characteristics of the propel1y 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/adlities and services consistent with the levels of
service adopted in the Collier County Growth Management Plan and as defined and
implemented through the Collier County Adequate Public Facilities Ordinance (Code
eh.106, art. II), as amended.
Page 7 of 8
Agenda item No. 17B
October 23, 2007
Page 8 of 92
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
publie health, safety, and welfare?
The BCC must base its decision upon the competent, substantial evidence presented by the
written materials supplied to it, including but not limited to the Staff Report, Executive
Summary, maps, studies, letters from interested persons and the oral testimony presented at the
BCC hearing as these items relate to these criteria.
Since the applicant intends to construct 66 aJfordable dwelling units, the application includes an
Affordable Housing Density Bonus Agreement (Exhibit C to the Staff Report) which is
necessary to achieve the required dcnsity. (MMSS)
RECOMMENDA TION:
Zoning and Land Devclopmcnt Review staff reeommends approval of PUDZ-2005-AR-7883 and
the requested Deviations outlined in this report (and included as Exhibit F to the Ordinance).
Staff also recommends approval of the Affordable Housing Density Bonus Agreement (Exhibit
C to the Staff Rep0l1) authorizing the eonstruction of an additional 1.9 units per acre beyond the
jelUr dwelling units per aere base density permitted by the GMP.
PREPARED BY:
John-David Moss. AICP, Principal Planner
Department of Zoning & Land Devclopmcnt Review
Page 8 of 8
Item Number:
Item Summary:
Meeting Date:
. "b~ .~. .
Agenclil Item No_ 176
October 23, 2007
Page 9 of 92
COLLum COUNTY
BOARD OF COUNTY COMMISSIONERS
118
f'UllZ.2005-AR-7883, H;1lJilat for HUlllanity of Collier COlll1ly, Inc, represented by Dwigllt
~J,H1ea\l, or WNA, Inc" is requesting a reZ()IlP to tile Habitat Woodcresl RPUD on 11.2 acres
of lAnd from the ^yrieultural (Ai Zoning Di~trict. to allow for 1llllaximum 66 residentilll unils
The subject property is IDeated on Ihe wesl side of Woo de res 1 Drive, south 01 Immokalee. just
north 01 AcremflK8r Road, in Sodion 26, Township 48 South, Range 26 East, Collier Counly,
Florida
10/::'312007 9:UO:OO AM
S~nlorPlarl"N
Date
Pl'Cpllrcd II}'
John-David Moss
COIIll1IIJnily Developrncnt&
E'l1vlr0nllwlltaISp..vlr~s
ZOl1ing/l. Land D'lvelofllllel1t
10131200712;04:34PM
Date
Aplll'o\led Dy
JltdyPuig
Community Devlrlopmcnl&
F"vlrr)n'l1enl~1 Sprvk""
OperMionsAnalysl
Conul1lmllyDev\llopment&
Fnvlt'OI111H1Illal Sprvlt(>S Adrnln
1014120072:58 PM
Zoning & Lllnd Oevetopmel1t Director
Date
Apl'rO\lcd B)'
Susan Mnnay, ATCP
COJl1fllLlIlltyDevelopment&
Fnvit'OnOTl..nl;,ISNv;rcs
lonlng & Land Developnwnl Review
10/4120074:42 PM
Cllie/Planner
DatI)
Approved By
Ray Bellows
Community Devehlpment&
El1vironrn",nl~1 S"rvlro'l
lOlling & Lan(JOeveloPlllenIR<lview
1014/20075:32 PM
Alllwo\led Uy
Dale
M.1rjurie 11'I, Slutlent-SlItling Assisl~t11 Counly AUorney
101R/2007 6:11 AM
AI'pnl"cd Uy
Coullty ^Itnrney r:ollnty AHnrn<,y Otlic!'
NiCI( Casal;ltlguida
1 rano'l'orlallnll S",vic~s
Mf'O Director
Date
Tran"pori,11I')nPlanlltn!J
101111200710:11lAM
DatI?
AI'pnl"I'I1 HJ
Mar[~Fl" Stewal'l Ext'cutivc Scr:relMY
lD181200711:13AM
Allpro\letl H~'
COlllrllllnlly (l~'.."lnprnent & CornmunH\i D"vclupl1wrll r.
rnvir'lI"""Ilt,ll ;;,-" vir rnvir""n'0nl,,1 ,;prvir~~ Adl',i"
Jll"~I)I, K ;;cl""ill
C'"nllIlHlilyll"v(dl)I'IIlPllt&
FI1Vir<Jnr"~nnl ~.;~rv",,~
Cnllll1lurrily ll~v~loplll~nt"
Fllvil'ol\rnolll~1 SnrvifC~ A(!lllillslralor
Dale
r:OrllIlHlllit\iD(.'vel()l'mPllt&
r"virnllrn.."tdl S~rvir"s !"rjmin
101912007 !I..56 AM
It';Jl1sportalion D;vision Admil1;slrillor
Date
AllllJ'l!vcd Il~'
';orJn r. Feti..r,AICP
T'.:"I~rNI~tic'l1 S"I"'/i,
Trn"~I'''l'lnIi011 Sprvir~s Admin
10!91?!lQ795fl AM
Appli\Oiltiol1sAnalyst
Dale
AIlI'fuved II)'
OMB C,,"nlilhllor
i\rtnlil1;c.tr~livr <;rl"',k,'~
Irrlnrrll~tinn lnrch"olo'JY
j!lI!l/2ll0712:56PM
OLI(lgetAnillyst
Date
Aplll'uved II}'
Mark Isackson
County M,lll;lW'r'~, Oflir.r
(lfficc! 01 Mi\l1~UPrlwnl & Bnrl'Jet
1011012(107 B:58 AM
County Malw\J<,r
Date
AllprOl'Cd Uy
J<lllles V_ MlJdd
BO;HdqfCOlllll.y
C<lll1ml"sin""l's
County Manager's Oflice
1!l/15/20077:22PM
Aoenda Item No 17B
AGEf.J\f.At!BiiMH~o07
F'ege 10 of 92
Co1mr County
~- '\ ..",~-- ~
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE: SEPTEMBER 6, 2007
SUBJECT:
PUDZ-2005-AR-7883; HABIT AT WOODCREST RPUD
PROPERTY OWNER/AGENT:
APPLICANT: Dr. Samuel Durso, Habitat for
Humanity of Collier County
11145 Tamiami Trail East
Naples, PL 34113
AGENT: Dwight Nadeau
RWA, Inc.
6610 Willow Park Drive # 200
Naples, FL 34109
REQUESTED ACTION:
The petitioner requests that the Collier County Planning COlllil1ission (CepC) consider a rezone
of the 11.2-acre subject site from the Agricultural (A) 70ning District to the Residential Planned
Unit De"elopmcnt (Rl'UD) Zoning District for an aff()rdahle housing project to be known as thc
Habitat Woodercst RPUD. The petitioner is also requesting that the CCPC review and consider
an Affordable Housing Density Bonus Agreement, whieh is a companion item to this rezone
pctition.
GEOGRAPHIC LOCATION:
The subject prope11y is located on the wcst side of Woodcrest Drive, whieh is south of
InU110kalee Road (CR 846) and just north of Aeremakcr Road, in Section 26, Township 48
South, Range 26 East, Collier COlLl1ty, rIoridu (sec loeation map on the following page).
PURPOSEIDESCRIPTION OF PRO.mCT:
The subject RPUD, if approved, would allow for a mixture of attached and detached single-
family units for owners earning 60 percent or less of the county's median income. With this
projeet, a maximum of 66 affordable dwelling units at a gross density of 5.9 units per acre is
being proposed. To achieve this density, the petitioner is seeking approval of an Affordable
Housing Density Bonus Agreement as part of the rezoning action (sec Exhibit C), whieh would
authorize the utilization of an additional 1.9 affordable housing bonus density units per acre
over the four dwelling units per acre base density permittee! by the Comprehensive Plan (a full
Page 1 of 11
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Agenda Item No, 176
October 23, 2007
Page 13 of 92
density calculation is described in greater detail in the Growth Management Plan Consistency
portion of this report, below).
As depicted on the POO Master Plan, aecess to the propel1y would be from Woodcrest Drive, a
north-south roadway forming the castern boundary of the property. Primary acccss would be
affordcd from an entrance near the northern property boundary; and another access point ncar
the southern boundary ofthe propel1y is proposed for emergency use only. The exact alignmcnt
of these accesses, as well as building placement, would be determined at the time of site
development plan (SDP) approval.
The majority of the property has been cleared, and a single storage building associated with
beekeeping activitics, located in the northwestern corner of the property, is the only stlUcture on
the site.
SURROUNDING LAND USE AND ZONING:
South:
West:
Summit Lakes RPUD, approved on December 12, 2006 (PUDZ-2003-AR-4988) for a
maximum of 968 dwelling units at an overall dcnsity of 7.0 units per acre. Included
with this projcct was an Affordable Housing Density Bonus Agrecment authorizing ffil
additional 3.0 bonus density per acre resulting in 414 bonus units.
Agricultural-designated propcrty developed with the Calusa Pines Golf Course, whose
Conditional Use was approved in 1999.
Agricultural-zoned parcels, most ofwhieh are dcveloped with single-family homes.
Crystal Lake PUD, an "RV Resort" originally approved in 1984 and amended through
2005, which permits 3.07 units per acre; and Agricultural-zoncd parcels, most of
which are developed with single-family homes.
North:
East:
Page 4 of 11
,;genda item No, 17B
October 23, 2007
Page 14 of 92
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
Future land Use Element (lcLUE) Consistency:
The subject property is dcsignated Urban Mixed Used District, Urban Residential Subdistrict, as
idcntified 011 the Future Land Use Map of the Growth Managemcnt Plan. Relevant to this
petition, the residential and rccreational uses proposcd with the RPUD are consistent with the
Urban Mixed Use DistrictlUrban Residential Subdistrict. The Density Rating System permits a
base dcnsity offour dwelling units per acre in the Urban Residential Subdistrict, calculated
using the gross project acreage. A maximum of up to eight dwelling units per gross acre may be
added to the base density, for a total eligible density of 12 dwelling units per acre, if the project
meets the requirements of the Affordable Housing Dcnsity Bonus (AHDR) Ordinance, as statcd
in Section 2.06.00 of the Land Development Code. Pel' the AHDB, the Habitat-Woodcrest
RPUD, in accordanee with Table A. ofLDC Section 2.06.00, does qualify to receive eight
dwelling units per aere in addition to the base four units pcr aere, f()r a total of 12 dwelling units
per aere. However, as shown in the table below, the petitioner is only requesting 1.9 additional
dwelling units per acre, for a total dcnsity of 5.9 units per aere, yielding a maximum 66
residential dwelling units for the total project area,
Eligible "s. Proposed Project Density
4 DUIA
--
sity 8 DU/A
nsity 12 DU/A
4DU/A --
ensi~_ . 1.9 DU/A
,-
Density 5.9 DUlA --
,- ..--
r-::::------~
Base Dcnsity
Eligible AHDB Den
-- Total Eligible De
Base Density
Requested AHDI3 D
Tutal Requested
FLUE Policy 5.4 requires new developments to be compalible with surrounding land uses.
Comprehensive Planning has left this dctermination to Zoning and Land Development Review
staff as pm1 of their rcview oflhe petition in its enlire.ly.
In order to promote Smat1 Growlh polieics, and adhere to thc existing development eharacter of
Collier County, the following ilalieized policies (followed by staJrs comments) are to be
implemented for new development and rcdevelopment projects, where applieablc:
Policy 7.1
The County shall encourage developers and property owners to connect their properties 10
fi'onting collector and arterial roads, except where no such eonneclion can be made without
violating intersection spacing requirements 0/ the Land Development Code. The Habitat
Wooderesl RPUD would be accessed from Woodcrest Drive road, a local 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/or trqffic signuls, The
RPUD Master Plan provides for internal aecess. '
Page 5 of 11
Agenda Item No, 17B
October 23, 2007
Page 150192
Policy 7.3
All new and existing developments shall be encouraged to connect their local streets and their
interconnection point with adjoining neighborhoods or other developments regardless of land
use type. The PUD Master Plan does show a stub-out to the west to the Crystal Lake RV Resort;
and given the small size of the project, its fi'ontage on two streets, and the project layout
depicted on the PUD Master Plan, only one intcrconnection is feasible.
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, Thc
PUD Exhibits submitted with thc application and the RPUD Master Plan provide for sidewalks,
detachcd and attached single family dwellings, recreation and prcserve areas. The AI-lDB
Agreement provides for dwellings that will be priced for two different income levels (low- and
vcry low-income). No civic facilitics are planned for this small, 1l.2-acrc project.
CONCLUSION:
Based upon the above analysis, staff eonc1udes the proposed PUD rezone may be deemcd
consistent with the Future Land Use Element.
Transportation Element:
The Transportation Planning staff has reviewed the Traffic Impact Statement (TIS) and has
detelmined that the proposed rezone is consistent with Policy 5.1 and Policy 5.2 of the
Transpoliation Element.
ANALYSIS:
Staffeompleted a comprehensive evaluation of this land use pctition and thc crikria upon which
a favorable dctcrmination must be bascd. These criteria arc specifically noted in Scctions
10.02.13..11.. and 1O.02.13.B.5 of the LDC and cstablish a factual basis to support the
recommcndations of staff. The Collier County Planning Commission (CCPC) uses these same
criteria as the basis for their recommendation to the Board of County Commissioners (BCe),
who in tUI11 use the critcria to supP011 their action on the rezoning request. These evaluations
are eompleted as separate documents and are attachcd to the staff rcport as Exhibits 1 and 2.
Environmental Serviees Analysis: Environmental Scrvices staff has reviewcd the petition and
requested that the applicant vacate the 15-foot and 30-foot wide access easemcnts shown over
the 1.68-acre preserve area depicted as "Tract P" on Shcet 2 of thc Master Plan, entitled,
"Habitat Wood crest RPUD Plans Set," by RW A Consulting, Ine., dated June 21, 2005 as
revised through August 8, 2007. To address this concern, the applicant has included a devcloper
commitment in Exhibit F ("List of Devcloper Commitments") proffering to do so prior to the
approval of the subdivision plat.
Transportation Engineering Review: Transportation Planning staff has reviewed thc petition
and has recommcnded approval, subjcct to the dedication of the 35-foot right-of-way along
W oodcrest DJive, as depicted on Sheet 2 of the Mashir Plan, to Collier County within 90 days of
Page 6 of 11
P,genda Item No. 178
October 23,2007
Page 160192
final PUD approval. As requestcd, the applicant has made this dedication and provided staff
with a copy of the wa11'anty decd.
Utility Revicw: The Utilities Department staff has reviewed the petition and has noted that the
proposed RPUD is located within the Collier County Water and Sewer District, and will be
required to have a Water and Sewer Availability Lettcr from the Collier County Utilities
Division at the time of SDP approval.
Zoning and Land Development Review: As shown on Shect 2 of the Master Plan, the site
will be adequately separated from the Conditional Use to the east by W oodcrest Drive and a
ten-foot Type D buffer; from the residential uses to the north and west by IS-foot Type B
buffers; and from the residential uses on its southern boundary by a ten-foot Type D buffer. The
entire southwestern eomer of the property is proposed as a 1.68-acre prescrve, which will
further buffer the adjoining properties from the subject parcel. Overall, 60 percent of the overall
site arca willrcmain as open space,
As previously notcd, the applicant proposes a density of 5.9 dwelling units pcr acre, inclusive of
affordablc housing densily bonus units. Summit Lakes RPUD to the north, which also has
affordable housing units, is approved for a slightly higher overall density of 7,0 units pcr acre.
Crystal Lake PUD to the west permits 3.07 units pcr acre; and the single-family homes to the
south are situated on approximately one-acre lots. Consequently, the proposed RPUD will serve
as a transition from the less intense residential uses to the south to the more intensc residential
uses to the north.
The RPUD development standards contained in Exhibit B of the PUD application rcflect a
dcsign approach that will olTcr attached and dctached single-Jal11ily units, The proposed
standards, compared in the table below to the LDC standards for the RMF-6 Zoning District, the
ProJlosed \Voodcrest RPUD Standards \'s. Existing Standards fol' the RMF-6 Zoning
Distl'ict pCI' Section 4.02.01 A Tables 1. and 2 ofthc LDC:
.,-",,~jiJ'SRnc~bed,-d,~i~i:~,j;:';~'~_? sll'i''&ttl\cli",I.l!b'$''ciN:~~~,.; ._ _ ,.
., Pl'oposc'd ' RMF -6_L Proposed-~ RMF-6
2,250 sq. ft. 6,500 sq. ft. 2,250 sq. ft, 12,000 sq. ft. (duplex);
5,500 sq, ft./unit (3+units)
80 feet (duplex); 100 feet
(3+units)
750sq,ft. _
25 feet (duplex); 30 feet
(3+units)
10 feet (duplex); 15 feet
(3+units) ,
20 feet
25 feet
15 feet
40 feet
60 feel
25 feet
1,000 s(~
20 feet
750 sq. ,ft.
25leet
_ 1,000 sq. ft.
20 feet
6 feet
7.5 feet
o feet or 6 feet
15 feet
25 fcet
15 feet
20 feet
25 fect
15 feet
15 feet
25 feet
] 2 feet
25 feet=l_llfect
L
25 feet
35 feet
Page 7 of 11
Agenda Item No, 178
October 23, 2007
Page 17 of 92
most comparable zoning district, provide for a minImum front-yard setback of 20 fect for
prineipal struetures, and side-yard setbacks of six feet for dctached units and either zero or six
feet for attached units (depending upon whether or not the unit in qucstion ahuts a detached
unit). Minimum rear yards would be 15 feet, with 25-foot setbacks from the preserve. Maximum
zoned building height would be 25 feet. According to the applicant, the actual building hcight
will be between 1 7 to IS feet.
As shown in the following table, for both attachcd and detached unit types, accessory structures
would require front yards and side yards to be, at minimum, the same as those for the principal
structme. Accessory rear yards would be set back a minimum of five feet, with J O-foot setbacks
from preservc areas. TIle maximum height of accessory structurcs would be 25 feet.
:~':~~{~{\tf(~~:SFi)~Hi:~It~ij~~%~~~7Bn~~W;;:~~1,!~ ;ni!~t:~I~!;ti~~!~~~\tA:~SE~'ij;lche(ll~~~~r~t~~~~~_~~
LDC
S.P.S.
S.P.S.
p,.o osed
S.P.S.
S.P.S.
5 feet
swimming pool:
10 fcet
parking garage:
10 fcet (S1'S for
waterfront lots)
10 feet
swimming pool:
none
parking garage: 10
fcct
5 feet
LDC
S.P.S.
S.P.S. (except for MF
swimming ools ~ 15 feet)
swimming pool:
] 0 feet (duplcx)
20 feet (MF) ,
parking garage:
35 feet
10 feet
swimming pool:
none
parking garage:
1 0 feet
35 feet
10 fcet
15 fect
10 feet
12 feet
25 feet
35 feet
25 fcct
The development also proposcs playground equipment, which would be located in the
northeastern comer of the site (labelcd as Tract RA on the Mastel' Plan). The developer has
committed that tlns amenity will be consistent with the one depleted in the graphic on Sheet 2 of
the Master Plan. (See "Exhibit F, List of Developer Commitments.")
Deviations: The petitioner is secking approval of three deviations, outlined in Exhibit E to the
application, "List of Requested Deviations Ji'om the IDe."
Deviation 1 seeks relief ii'om LDC Section 6.06.01 (0), for cul-dc-sac and local streets,
and LDC Appendix B, (Section HI P.5. of the proposed Construction Standards Manual
Intended to be adopted as pm1 of the County's Administrative Code), which require GO-
foot right-of-ways, to allow a 50-foot right-of-way. Aecording to the pctitioner, the 50-
foot right-of-way is needed to provide flexibility in the final design of the development
mld would be subject to the provision of rcquired utility easements running pm'allel to
the right-of-way. The petitioner contends that this deviation is reasonable since it has
been implemented in subdivisions throughout the County without compromising health,
safety, and welfare. Staff supports this deviation, pursuant to LDC Section
Page8of11
Agenda Item No, 1I'B
October 23, 2007
Page 13 of 92
10.02.13.A.3, finding that the deviation will not have a detrimental effect on the health,
safety and welfare oftbe community. Furthermore, the Board of County Commissioners
has approved othcr projects with similar right-of-way deviations (e.g. the Bristol Pines
PUD) in the past.
Deviation 2 seeks relief from LDC Subsection 5.03,02.C.l, which requires that fences
be no greater than six feet in height. According to the petitioner, a maximum height of
eight feet is needed to provide noise abatement beyond the requirements of the LDC
since a portion of the projeet will abut Woodcrest Driw, "a proposed minor coIlector
roadway." Woodcrest Drive is presently a local strect; however, this is a reasonable
deviation that has been applied throughout tbe County and one which would not
comprise public health, safety and welfare. Therefore, staff supports this request.
Deviation 3, related to Deviation 2, seeks relief from Sub-section 5.03.02.A.9 and Sub-
section 5,03.02.B, which require fcnce and wall heights to bc measured from existing
b'1'ade, in order to allow fence and wall heights to be measured from finished grade. As
stated in thc deviation language in Exhibit E, fmished grade would be no more than 18
inehes above the crown elevation of the nearest existing road, unless the fence or wall
were constructed on a perimeter landscape benn, in which ease the fence or waIl would
not exceed seven feet in height from the top of the berm elevation, with an average side
slope of greater than 3:1. (See cross-section A-A and cross-seetion B-B in Exhibit E.)
This deviation has also been applied throughout the County and would not pose a risk to
public bealth, safety and weHiu'e. Therefore, staff supports this request.
ENVIRONMENTAL ADVISORY COUNCIL (EAC):
This petition was not heard by the EAC. The applicant applied for and received an
Environmental Impact Statement exemption for lhe site, as:
. The properly docs not fall within an Area of Critical State Concern or Special Treatm~nt
Uveda y;
. No impacts to wetlands or listed species are proposed;
. The natural drainage on the site has already been altered by its present agricultural use
and will not be n.uther degraded by thc proj ect;
. The site has been previously cleared, and the applicant proposes to improve its
ecological deficiency by restoring an approximately l.I5-acre wetland area 011 the site
and designating it as a preserve in perpetuity,
NJ<:IGHBORHOOD INFORMATION MEETING:
(Summary provided by Linda Bedtylon, Community Planning Coordinator)
The agent for the applicant, Dwight Nadeau of RWA, Inc., held the required Neighborhood
Infon11ation Meeting on January 2, 2007 at 7:00 P,I1l. at the Faith Community ChW'ch located at
6455 Hiddcn Oaks Lanc. In addition to the agent and County staff, two people attended the
presentation. To questions and comments made, Mr. Nadeau stated thc following:
Page 9 of 11
Agenda Item No, 178
October 23, 2007
Page 19 of 92
· Access to the site would be from an improved Woodcrest Drive (and that a loop road
from lmmokalee Road to Collier Boulevard is being planncd);
· The intent of the development is to provide fee-simple units with a maximum density of
4.89 units per acre (N.J3. As the aetual density is 5,89 units per acre, the applicant, as of
the writing of this staff report, is working to contact the two NIM attendees to rectify the
error. );
. 1.6 acres are intended to be designated as a preserve;
· Rooftops will be on homcs within two years, but not before the necessary road
improvements;
· Buffering with nativc vegetation is planned between the project and Acremakcr Road;
There were no objections stated to either the rezone or the proposed development. Mr. Bill
Chini, Clystal Lake's PropeJ1y Manager, said that some residents were in favor of the proposed
developmcnt.
RECOMMENDA nON:
Zoning and Land Development Review staff recommcnds approval of PUDZ-2005-AR-7883,
subject to the development eondition below, and the requested Deviations outlined in this report
and included as Exhibits to the Ordinance:
Staff also recommends approval of the Affordable Housing Density Bonus Agreement
authoridng the construction of an additional 1. 9 units pcr acre bcyond the four dwelling units
per acre base density permitted by the GMP,
Page 10 of 11
t~genda item No. 178
October 23, 2007
Page 20 of 92
PREPARED BY:
~^"- ~M tr.-
JO -DA VlD MOSS, AICP, PRINCIPAL PLANNER
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
~ /!U / () 7
DATE I
REVIEWED BY:
~,~)OI1.~-i2b~x
MARJ EM. STUD NT-STIRLING <"j
ASSISTANT COUNTY ATTORNEY
8/ I 1-( 0~
DATE
L2"._,"^/ Y /JatL .
RA~tOWS. ZONING MANAGER
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
'if - (_D-07
~_.-.
DATE
(h4h YtJ.Is~ _-'i6Z-/o_1
SUSAN M. ISTENES, AICP, DIRECTOR DAT,
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
APPROVED BY:
-~~ _ (t~ 0J_
JOSr:r.~~CHMITT ADMINISTRATOR rOI:TE
CO~nJNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
Tentatively scheduled for the Oetober 23, 2007 Board of County Commissioners Meeting
C/VOLL1lER ~OU;;YA~~_ING COMMISSION:
J. ,0)1 I.LAR: ~ ._
MARf P. STRAIN, CHAIRMAN
Exhibits: A. RczolJe Findings
13. PUD Findings
o -1I 07
DATE
Page 11 of11
Agenda Item No, 176
October 23, 2007
Page 21 of 92
Exhibit A
REZONE FINDINGS
PETITION PUDZ-2005-AR-7883
Chaptcr 10,03.05.0 of the Collier County Land Development Code (LDC) requires that the report and
recommendations of the Plmming Commission to the Board of County Commissioners show that the
Planning Commission has studied and considered the proposed ehange in relation to the following,
where applicable:
1. Whether the proposed change will be eonsistent with the goals, objectives, and policies of
the Future Land Use Element (FLUE) and Future Land Use Map and the clements of the
Growth Management Plan (GMP).
Pro: County staff has reviewed this petition and has provided an analysis in the stafr report
relative to tile goals, objectivcs and policies of the Future Land Use Element and the
Transportation Elemcnt of the OMP and has determined that this petition is consistent with the
overall OMP.
Con: None.
Findings: Based upon statf's review, the proposed developmcnt is in compliance with the
future Land Use Element (FLUE) and all other relevant goals, objectives and policies of the
Growth Management Plan (OMP).
2. The existing land use patteI'D.
Pl'o: As shown in the zoning map that is attached to the staff report, the proposed developmcnt
does not leave any rcnuJant pareels and thus can be acconunodated withul the existing land use
pattems. Furthermore, the pl'Oposcd RPUD will serve, as a transition from the less intense
residential uses to the south to the more intense residential uses to the north.
Con: None.
findin~s: The proposed rezone would provide for a complementary land use pattcrn.
3. The possible creation of an isolated district unrelated to adjaeent and nearby distriets.
Pro: The proposcd rezone is consistent and compatible with thc adjacent residentially-zoned
and Conditional Use properties.
Con: None.
findings: This pctition does not create an isolated district because the subject parcel is
compatible with the adjacent and ncarby zoning districts.
Page 1 of 5
Agenda Item No. 178
Oct:Jher 23. 2007
Page 22 of 92
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for changc.
Pro/Con: Not applicable.
Findings: The district bOll11daries are logically drawn.
5. Whether changed or changing conditions make the passage of the proposed land use
change necessary.
Pro: The proposed ehange is not necessary, but is appropriate for this location based upon its
FLUE designation and adjoining land-use patterns. Morcover, the rczoning will enable the
provision of 66 affordable housing units for low- and very low-income County residents.
Con: None.
Findings: The proposed zoning change is appropriate based on the loeation of the proper1y and
the projects provision of much-needed affordable housing units.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood.
Pro; The RPUD rezone will not advcrsely affect living conditions in the area bccause the
proposed use will be compatible with existing land uscs in the sUn'ounding areas. Additionally,
the TIS shows that the level of service for all links in the area of the project will meet the level
of service standards.
Con: The proposed uses will naturally increase the intensity of the trafJlc. within the area;
however as noted abovc, the TIS submitted indicates that the trips gencrated by this
developmcnt will not excccd lcvel of service standards for the aff'ected roadways,
Fincligg;;: The Future Land USl' Element of thc OMP supp0l1s such a dcvelopment at this
location, and the proposal is consis1cnt with the land uses already in the area. FUl1hermorc, thc
project will provide adequate landscaping, setbacks and buffering; and all roadway links in thc
area oi'thc project wil1mect the level of service standards.
7. \Vhether the proposed change will create or exeessivcly inerease traffic congestion or
create types of traffle decmed incompatible with surrounding land uses bceause of peak
volumcs or proj ccted types of vehieular traffic, iucluding activity during cOllstruetion
phases of the development, or otherwise affe,ct public safety.
Pro; Development of the subject property is eonsistent with provisions of the Transportation
Elcment of the GMP, therefore, approval of this project should not el'eate types of traffic
deem cd incompatible with slllTollnding land uses and it should not affect the public safety.
EXHIBIT A
Rezone Findings
PUDZ-200S-AR-7883
Page 2 of 5
Agenda Item No, 178
October 23, 2007
Page 23 of 92
Con: None.
Findings: Evaluation of this project took into account the requirement for consisteney with the
Traffic Elemcnt of the GMP and the project was found consistcnt. Additionally, cer1ain
transp011ation improvements are ineluded in the PUD documents.
8. Whether the pt'oposed change will ereatc a drainage pl'oblem.
Pro: Road and water management improvements for this development have been designed to
accommodate rainfall drainage.
Con: Urbanization potentially increases area-wide flooding in severe rainfall events.
Findings: Every project in Collier County approved for a new land use activity is required to
mitigate all sub-surface drainage generated by developmcnt activities.
9. Whether the proposed ehange will seriously reduee light and air to adjaeent areas.
Pro: The proposed development standards will ensure that adequate light and air is allowed to
adjacent propertics.
Con: None.
Findin~: All projects in Collier County are subject to the development standards that are
specifie to the zoning district in which they arc loeated. The pl'Oposed development standards
for open space, allowable uses, height, setbaeks, et cetera were designed to ensure that light
penetration and ail' circulation are not adversely affcctcd on adjacent propcrties.
10. Whether the proposed ehange willlldversely affect property valucs in the adjaeent area.
Pro/Con: Unknown.
Findings: This is a subjcetivc detelmination, based upol1l11yriad internal and extel11al factors
affecting the properties in question. Certainly propel1y values are affected by zoning; howevcr,
zoning by itself mayor may not affect values, since valuation is driven by the market.
Therefore, proposed change mayor may not affect adjacent propel1y values.
11. Whethcr the proposed ehange will be a deterrcnt to the improvemcnt or development of
adjaeent property in accordance with existing regulations.
Pro/Con: Not applieable.
Findil1~: The basie 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, givcs reasonable assurance that a change in
zoning will not be a detenent to the improvement 01' devclopment of adjaccnt prope11ies.
EXHIBIT A
Rezone Findings
PUDZ-200S-AR-7883
Page 3 of 5
Agenda Item No, 17B
October 23,2007
Page 24 of 92
J 2, Whether the proposed ehange will eonstitute a grant of speeial privilege to an individual
owner as eontrasting with the public welfare.
Pro/(on: Not applicable.
Findings: The proposed development complies with the Growth Management Plan, a public
policy statement implemented by zoning regulations. In light of this fact, the proposed change
would not constitute a grant of speeial privilege and would be consistent with plans that arc in
the public interest.
13. Whether there al'e substantial reasons why the property cannot be used in aeeordanee
with existing zoning.
Pro: The property is zoned for Agricultural uses. As the property is surrolU1ded by other
residential uses and a Conditional Use, the proposed use would be more compatible with the
existing pattem of development.
Con: None.
Findings: The proposed action would provide a logically compatible use and much-needed
af!(lI'dable housing.
14. Whether the change suggested is out of scale with the needs of the neighbol'hood or the
County;
Pro: Staff believes this development request is within the scale of the needs of the
neighborhood and County.
Con: None,
Findings: The proposed development complies with the Growth Management Plan, a policy
statement which has evaluated thc scale, density and intcnsity of land uses decmed to be
acceptable throughout the urban-designated arcas of Col1ier County.
15. Whether it is impossible to I1nd other adequatc sitcs in the County for the proposed use in
districts already permitting such use.
Pro/Con: Unknown,
Findings: Although not impossible, it would be most likely be very difficult for this non-profit
organization to find other financially feasible sites for this project given the price of real estate
in the County.
EXHIBIT A
Rezone Findings
PU DZ-2005-AR-7883
Page 4 of 5
Agenda Item No, 17B
October 23, 2007
Page 25 of 92
Exhibit B
PUD FINDINGS
PUDZ-2005-AR-7883
Section 10.02.13.8.5 of the LDC of the Collier County Land Development Code requircs the Plarming
Commission to make a finding as to the PUD Master Plan's complianee with the following criteria:
1. The suitability of the area for the type and pattern of development proposed in relation
to physical charaeteristics of the land, surrounding areas, traffle and access, drainage,
sewcr, water, and other utilities,
Pro: The nearby area is developed or is approved for development of a compatible nature.
The petitioner will be required to comply with all county regulations regarding drainage,
sewer, water and other utilities. '
Con: None.
Finding: The Developer Commitments included in the PUD documents adequately address
the impacts from the proposed rezoning.
2. Adequacy of evidence of unificd control and suitability of any proposed agreements,
contracts, or other instruments, or for amendments in those proposed, particularly as
thcy may relate to arrangements or provisions to be madc for the continuing operation
and maintenance of sueh al'eas and facilities that are not to be provided or maintained
at public expcnsc,
p'roLCon: Evaluation not applicable.
Finding: Documents submitted with the application provicle evidence of unified control.
The PUD doeuments and DevcIopment Assistanee and Easement Agrccment make
appropriate provisions for access and infrastructure
3. Conformity of the proposcd Planned Unit Dcvelopment with the goals, objectives, and
policies ofthe Growth Management Plan (GMP).
Pro: County staff has reviewed this petition and has offered an analysis in the staff report of
the relevant goals, objectivcs and policies of the GMP. StaJl has determined that tillS
petition is consistent with the overall GMP.
Con: Staffs analysis is subjective. Many of the goals, objective and policies do no have
quantative measuremcnts to determine compliance. For example, GMP Transportation
Element Policies 5.1 and 5.2 eontain measurable eomponents; whereas FLUE Policy 5.4
does not. As sueh, issues such as compatibility are less unbiased.
Page 1 of 3
Agenda Item No, 178
October 23,2007
Page 26 of 92
Findin g: Stair finds that the subject petition is consistent with the goals, objectives and
policies of the OMP, as provided for in the adopting ordinance. (Please see the staff report
for a more detailed discussion.)
4. The internal and external eompatibility of proposed uses, whieh conditions may
include restrictions on location of improvements, restrictions on design, and buffering
and sereening requirements.
Pro: The proposed development standards, landscaping and buffering requirements are
designed to make the proposed commercial llses compatible with the adjacent industrial
uses.
Con: None.
Finding: Staff analysis as contained in the staff repOlt indicatcs that this petition is
compatible, both internally and externally, with the proposed llSCS and with the existing
surrounding uses.
5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
Pro: The amOlU1t of open space set aside by this project exceeds the provisions of the Land
Development Code.
~on: None.
Finding: The amount of open spacc set aside by this project exeeeds the provisions of the
Land Developl11enl Code.
6. The timing or sequence of development for the purpose of assuring the adequacy of
llvailable improvements and facilities, both publie and privllte.
Pro/Con: Evaluation not applicable.
Findin~: Timing 01' sequence of deveiopment in light of conculTency requirements docs not
appear to be a significant problem as part of the PUD rezoning process, but the projeet's
development must bc in compliance with applicable coneurreney management regulations
when developmcnt approvals are sought.
7. The ability of the subject property and of surrounding llreas to accommodate
expansion,
Pro: County TrampOltation Division Planning staff has detcrmined that the proposed
rezoning is consistent with the GMP Transp011ation Element requirements addressing
roadway coneems.
,Con: None.
PUD FINDINGS
PUDZ-2006-AR-7883
EXHIBIT B
Page 2 of 3
Agenda Item No, 178
October 23. 2007
Page 27 of 92
16. The physical eharaeteristics of the property and the degree of site alteration whieh would
be required to make the property usable for any of the range of potential uses under the
proposed zoning classification.
Pro: The site under consideration has already been cleared to such an extent that the EIS
waiver was granted.
Con: None.
Findings: Development of this site would not require considerable site alterations as the
pOltion ofthe proposed for clearing and grading has already becn largely c1cared.
17. The impact of development on tbe availability of adequate pub lie faeilities and services
eonsistent witb tbe levels of service adopted in the Collier County Growtb Management
Plan and as defined and implemented through the Collier County LDC regarding
Adequate Publie Facilities.
Pro/Con: Evaluation not applieable.
Findings: A multi-disciplined team responsible for reviewing PLlblic facilities requirements of
the GMP and the LDC has reviewed this land use petition and recommended it for zoning
approval. A final determination whether this project meets the full requirements of adequate
public faeilities specifications will be detem1ined as part of thc sitc development plan approval
process.
EXHIBIT A
Rezone Findings
PUDZ-200S-AR-7883
Page 5 of 5
Agenda item No, 178
October 23,2007
Page 28 of 92
Finding; The subject property has the ability to supp0l1 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.
8. Conformity with PUD regulations, or as to desirable modifications of snch regulations
in the particular ease, based on determination that sueh modifications are justified as
meeting public purposes to a degree at least equivalent to literal application of such
regulations.
Pro: The requested PUD standards are similar to the development's most comparable
conventional zoning district (RMF-6); and the deviations being requested have been
approved in similar situations tlU'oughout thc County in the past.
Con: None perccived.
Finding: This criterion essentially requires an evaluation of the extent to which
development standards and devi atiolls proposed for this PUD depart fi'om development
standards that would he required foJ' the most similar conventional zoning district. The
development standards in this POO are similar to those standards and the deviations
rcquested havc been approved in similar situations tln'oughout the County.
PUD FINDINGS
PUDZ-2006-AR-7883
EXHIBIT B
Page 3 of 3
Preparod by:
Patrick G. White
Ass'!. Collier County AU'y.
3301. Tamlami. Trial Ea5t
Naples, FL 34112
This space. far recording
AGREEMENT AUTHORIZING AFFORDABLE HOUSING
DENSITY BONUS AND. IMPOSING COVENANTS AND
RESTRICTIONS ON REAL PROPERTY
THIS AGREEMENT is made as of the
day of
,2007, by and
between Habitat for Humanitv of Collier Countv, Inc. (the "Developer") and the Collier
County Board of County Commissioners (the "Commission"), collectively, the "Parties.",
RECITALS:
A. The Developer ownsa tract of real property described in Exhibit "A" attached,
hereto and incorporated herein (The "Property").. It is the Developer's intent to construct
a maximum of 66 residential units (the "Units") at a density of 5.9 units per gross acre,
on the Property. The gross acreage of Property is 11.2:!: acres. The nu mber of
affordable Units constructed by Developer shall be 66, representing 100 percent of the
total number of residential Units. in the. deveiopment.
B.. In order to. co.nstruct the Units, the, Deveioper must o.btain a density bo.nus
from the, Co.mmissio.n fo.r the Property as provided for in the, Co.llier County Affordable,
Housing Density Bonus. Ordinance No. 90-89, now codified by Ordinance. 04-41, as
Land Development Code (LDC) ~ 2.06.00 ef seq., which density bonus can only be
Rev 0112007
Page 1 of 27
P.genda Item t\!o. 178
October 23, 2007
Page 30 of 92
granted by the Commission and utilized by the Developer in accordance with the strict
limitations and applicability of said provisions.
C. The Commission is willing to grant a density bonus to the Developer
authorizing the construction of 21 bonus Units on the Property,. if the Deveioper agrees
to construct affordable Units as specified in this Agreement.
NOW, THEREFORE, in consideration of the approval and grant of the density,
bonus of 1.9 units per acre requested by the Developer and the benefits conferred
thereby on the Property, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Developer and the Commission
hereby covenant and agree as follows:
1. Recitals., The above, Recitals are true and correct and are incorporated
herein by reference.
2. Developer Aqreements. The Developer hereby agrees that it shall
construct 66 affordable Units which Units shall be soid in accordance with the terms
and conditions of this. Agreement and as specified by the attached Appendices A & B,
Exhibits. A, B, & C, and Appendix C, i.vhich Appendices are incorporated by reference
herein and which constitute a part of this Agreement.
a. The following provisions shall be applicable to the affordable Units:
(1) Defined terms:, In the event of a conflict between terms as defined in the
LDC or in Ordinance No. 90-89, Section 4, the definitions of the LDC will control when
applying or interpreting this Agreement. In. addition to these defined terms and the
applicability of LDC & 2,06,04 "Phasing" shall mean: (a) the. phased construction. of
buildings or structures in. separate and distinct stages as shown on a PUD master plan,
subdivision master plan or site development plan; or (b) in developments where phased
construction is not depicted on a PUD master plan, subdivision master plan or site
development plan, the construction of buildings or structures in a clearly defined series
of starts and finishes that are separate and distinct within the development.
Page 2 of 27
Agenda Item No, 17B
October 23, 2007
Page 31 of 92
(2) Median Income. For the purposes of this Agreement, the median income
of the area as defined by the, U.S. Department of Housing and Urban Development
(HUD) shall be the then current median income for the Naples Metropolitan Statistical
Area, established periodically by HUD and published in the Federal Register, as
adjusted for family size as shown on the tables attached hereto as. Appendix A, Exhibit
C, which Exhibit shall be adjusted from time to time in accordance with any adjustments
that are authorized by HUD or any successor agency. In the event that HUD ceases. to,
publish an established median income as aforesaid, the Parties hereto shall. mutually
agree to another reasonable and comparable method of computing adjustments in
median income.
Page 3 of 27
Agenda Item No, 17B
October 23,2007
Page 32 of 92
the Housing and Human Services Department as. shown in Appendix B, Exhibit A,
attached to this Agreement and incorporated by reference herein.
(b) Income Verification and Certification.. No affordable housing Unit in the
development shall be sold whose household income has not been verified and certified
in accordance with this Agreement and LDC 3 2.06.05.
(c) Income Verification. The Developer shall obtain written verification from
the potential occupant (including the entire household) to verify all regular sources of
income (including the entire household). The most recent year's federal. income tax
return for the potential occupants (including Jhe entire household) may be used for the.
purpose of income verification, attached to the. Affordable Housing Applicant Income
.Verification form, including a statem.ent to release information, occupant verification of
the return, and a signature block with. the date. of application. The. verification shall be
valid for up to one hundred eighty (180) days prior to occupancy. Upon expiration of the.
180 day period, the information may be. verbally updated from the original sources for
an addiJional 30 days, provided it has been documented by the. person preparing the
original verification. After this time, a new verification form must be completed." The'
Affordable Housing Applicant Income VerificaJion form shall be provided by the Housing
and Human Services Department as shown in Appendix B, Exhibit B, attached to this
Agreement and incorporated by reference herein.
(d) income Certification. Upon receipt of the. Preliminary Application for
Affordable Housing Unit and Affordable Housing Applicant Income. Verification form, the
Developer shall require than an income certification. form be, executed by the potential
occupant (including the entire household) prior to occupancy of the affordable housing
unit by the occupant. Income certification shall assure that the potential occupant has
an appropriate household income which qualifies the potential occupant as an eligible
family to occupy an affordabie housing unit under the affordable housing density bonus,
program. The Affordable Housing Applicant Income Certification form shall be provided
Page 4 of 27
Agenda Item No, 17B
October 23,2007
Page 33 of 92
by the Housing and Human Services Department as shown in Appendix B, Exhibit C, is
attached to this Agreement and is incorporated by reference herein.
Random inspection of files containing required documentation to. verify
occupancy in accordance with this Agreement and LDC ~ 2.06.00, may be conducted
by the Housing and Human Services Department upon reasonable notice.
(4). Annual Proqress and Monitorinq Report. The Developer shall provide the,
Housing and Human Services Department an annual progress and monitoring report
regarding' the delivery of affordable. housing units throughout the period of their '
construcJion and occupancy. The annual progress and monitoring report, shall, at a
minimum, provide any information reasonably required to insure compliance with LDC ~
2.06.00, or subsequent amendments thereto. The report shall be, filed on or before
September 30 of each year and the report shall be, submitted by the Developer to the
Housing and Human Services Department. Failure to complete and submit the.
monitoring report to the Housing and Human Services. Department within sixty (60).
days from the due date shall result in a penalty of up to fifty dollars ($50.00) per day
unless a written extension not to exceed thirty (30). days. is. requested prior to expiration , " "
of the sixty (60) day. submission deadline. No more than one such extension may be
granted in a single year.
(5). Occupancv Restrictions. No Affordable Unit in any building or structure
on the. Properly shall be occupied by the Developer, any person related to or affiliated
with. the, Developer, or by a resident manager.
3. Densitv Bonus. The. Commission hereby acknowledges that the.
Developer has met all required conditions, to qualify for a density bonus, in addition to
the. base residential density of ::I: units per acre, and is. therefore granted a density
bonus of 1.9 density bonus units per acre, for a total density (total = density bonus units
per acre X gross acreage) of 5,9 units/ac, pursuant to LDC ~ 2.06.00 The Commission
further agrees that the Developer may construct thereon, in the. aggregate a maximum
Page 5 of 27
)\genda item No. 178
October 23, 2007
Page 34 of 92
number of 66 units on the Property provided the Developer is able to secure building
permit(s) from Collier County.
4. Commission Aqreement. During the term of this Agreement, the
Commission acting through the Housing and Human Services Department or its,
successor(s) covenants and agrees to prepare and make available to the Developer
any general information that it possesses regarding income limitations and restrictions
which are applicable to the affordable Unit.
5. Violations and Enforcement
a. Violations. It shall be a violation of this Agreement andLDC ~,
2.06.00 to sell or occupy, or aUempt to sell or occupy, an affordable housing unit
provided under the affordable housing density bonus program except as specifically'
permiUed by the terms of this Agreement; or to knowingly give false, or misleading
information with respect to any information required' or requested by the. Housing and
Human Services Department or by any other persons pursuant to. the authority which is
dele;rated to them by LDC ~ 2.06.00 Collier County or its designee.shall have full power
",,' toeniorcethe terms of this Agreement. The. method of enforcement for a breach or '
violation of this Agreement shall be at the option of the, Commission by criminal
enforcement pursuanJ Jo the provisions of Section 125,69, Florida Statutes, or by civil
enforcement as allowed by law.
b. Notice of Violation for Code Enforcement Board Proceedinqs.
Whenever it is determined that there is a violation of this Agreement or of LDC ~
2.06.00, that should be enforced before the Code Enforcement Board, then a Notice of
Violation shalf be issued and sent by the appropriate department by certified return-
receipt requested U.S. Mail, or hand-delivery to the person or developer in violation.
The Notice of Violation shall comply with the requirements for such Notices.
c. Certificate of OccuPancv.. In the event that the Developer fails to
maintain the affordable units in accordance with this. Agreement or LDC ~ 2.06.00, as
Pago 6 of 27
Agenda Item No, 178
October 23, 2007
Page 35 of 92
~
amended, at the option of the Commission, building permits or certificates of
occupancy, as applicable, may be withheld for any future planned or otherwise
approved unit located or to be located upon the Property until the entire project is. in full
compliance with this Agreement and with LDC S 2.06.00, as amended.
6., Assiqnment bv Commission. The, Commission may assign all or part of
its obligations under this Agreement to any other public agency having jurisdiction over
the Property provided that it gives the Developer thirty (30) days advance written notice
thereof., The Developer may not assign, delegate or otherwise. transfer all or part of its
duties, obligations, or promises under this Agreement to any successor in interest to the.
Property without the express written consent of the, Commission, which ,consent may be
withheld for any reason whatsoever. Any attempt to assign the duties, obligations, or
promises under this Agreement to. any successor in interest to the Property without the.
express ,written consent of the Commission as required by this Section ,shall be void ab
initio.
;;.
7,: . ., Severabilitv. If any section, phrase, sentence or portion of this Agreement
is.Joranyreason held invalid 'Of unconstitutional by any court of competent jurisdiction,
such portion shall be deemed a separate, distinct, and independent provision, and all
other provisions shall remain effective, and binding on the. Parties.
8. Notice. Any notices desired or required to be given under this Agreement
shall be in writing and shall either be personally delivered or shall be, sent by mail,
postage prepaid, to the Parties at the following addresses:
To the Commission:
Collier County Housing and Human Services
Department
3301 East Tamiami Trail
Naples, Florida 34112
Page 7 of 27
!\genda item No. i 78
October 23, 2007
Page 36 of 92
To. the Develaper:
Habitat far Humanity af Callier Caunty, Inc.
11145 Tamiami Trail East
Naples, FL 34113
Wilh capy to.:
Parter, Wright, Marris & Arthur, LLP
5801 Pelican Bay Baulevard
Suite 300
Naples, FL 34108-2709
Any Party may change the address to. which natices are to. be sent by natifying the
ather Party af such new address in the manner set farth abave.
9. Autharitv to. Manitar., The Parties hereto. acknawledge that the Callier
County Hausing and Human Services Department or its designee, shall have the
authority 10 monitor and enfarce the Developer's obligations hereunder.,'
, .
10. Indemnifv. The Developer hereby agrees to protect, defend, indemnify
and hald Callier County and its officers, employees, and agents harmless from and
against any and all claims, penalties, damages, losses and expenses, professianal
fees, including, with aut Iimitatian: reasonable attorney's fees and all casts of Iitigatian
a~djudgments arising aut of any claim, willful miscanduct or negligent act, errarar
omission, or liability af any kind made by Develaper, its agents or emplayees, arising
out af ar incidental to. the perfarmance af this Agreement.
11. Cavenants.. The Develaper agrees that all af its obligations hereunder
shall canstitute cavenants, restrictians, and canditians which shall run with the land and
shall be. binding upan the Property and against every persan then having any,
awnership interest at any time and from lime to time until this Agreement is terminated
in accordance with Section 14 below. However, the Parties agree that if Develaper
transfers ar conveys the Property to. anather person ar entity, Develaper shall have no.
further obligatian hereunder and any person seeking to enforce the terms hereof shall
laak salely to. Develaper's successor in interest far the perfarmance of said obligations.
Page 8 of 27
Agenda Item No, 17B
October 23, 2007
Page 37 of 92
12. Recordinq, This Agreement shall be recorded at County's expense in the
official records of Collier County, Florida.
13. Entire Aqreement. The Parties hereto agree that this Agreement
constitutes the entire Agreement between the Parties hereto and shall inure to and be
binding upon their respective heirs, successors, and assigns.
14. Termination. Each affordable housing unit shall be restricted to remain
and be maintained as the required affordable housing as provided in the LDC 92.06.04.
15. Modification. This Agreemel1t shall b~, modified or amended only by the
written agreemel1t of both Parties.
16. Discrimination.
,.
a. The ,Developer agrees that neither it nor its agents shall
discriminate against any owner or potential owner because of said owners race, color,
religion, sex, national. origin, famiiial status, or handicap.
b. When the Developer advertises, sells, or maintains the affordable
housi,~g unit, it must advertise sell, and maintain the. same. in a non:discriminatory
,1:'. .,'
manner and shall make. available any relevant information to any person who is
.. .<1_.. " '." '. ,
interested in purchasing such affordable housing unit.
c. The. Developer agrees to be responsibie for payment of any real
estate commissions and fees for which it is liable. in the purchase and sale of affordable
units.
d.. The affordable. housing units shall be intermixed with, and not
segregated from, the market rate dwelling units in the development.
e. The square, footage, construction and design of the affordable,
housing units shall be. the same as market rate, dwelling units in the development. All
physical amenities in the dwelling units, as described in item number seven (7) of the
Developer Application for Affordable. Housing Density Bonus shall be. the, same for
market rate units and affordable. units.. , For developments where construction takes,
Page 9 of 27
I\genda Iteem t-Jo, 17B
October 23,2007
Page :J8 of 92
place in more than one phase, all physical amenities as described in item number
seven (7) of the Developer Application for Affordable Housing Density Bonus shall, be
the same in both the market rate units and the affordable units in each phase. Units in
a subsequent phase may contain different amenities than units in a previous phase so
long as the amenities for market rate units and affordable units are. the same within
each phase and provided that in no event may a market rate unit or affordable unit in
any phase contain physical amenities less than those described in the Developer
Application.
17. Phasinq. The percentage of affordable housing units to which the
Developer has committed for the total development shall be maintained in each phase
and shall be constructed as part of each phase of the development on the Property.
Developer commits to 100 percent affordable. housing units for this project, with, 100
percent of the units in each phase as built consisting of affordable units.
18. Disclosure.. The developer shall not disclose to persons, other than the
potential buyer or lender of the particular affordable housing unit or units, which units. in
", the development are designated as affordable, housing units.
19. Consistencv. This Agreement and authorized development shall be
consistent wilh the. Growth Management Plan and land development regulations of
Collier County that are in effect at the time of development. Subsequently adopted laws
and policies shall apply to this Agreement and to the development to the extent that
they are not in conflict with the number, type of affordable housing units and the
amount of affordable. housing density bonus approved for the development.
20. Affordable Housinq Densitv Bonus Development Aqreement. This,
Agreement is a distinct and separate agreement from "development agreements" as.
defined by Section 163.3220, Fla. Stat., as amended.,
21. Preapplication. Developer has, executed and submitted to the
Page 10 of 27
Agenda Item No, 176
October 23, 2007
Page 39 of 92
Development Services Department the Developer Application for Affordable Housing
Density Bonus, a copy of which is attached to this Agreement as Appendix C and
incorporated by reference herein.
22. Governino Law. This Agreement shall, be governed by and construed in
accordance with the laws of the State of Florida.
23. Further Assurances. The Parties hereto. shall execute and deliver, in
recordable form if necessary, any and all documents, certificates, instruments, and
agreements which may be reasonably required in order to effectuate the intent of the
Agreement. Such documents shall include. but not be limited to any document
requested by the Developer to exhibit that this Agreement has terminated in
accordance with the provisions of paragraph 14 above.
IN WITNESS. WHEREOF, the, Parties hereto have caused this Agreement to be.
executed as of the day and year first above written.
ATTEST:.,
DWIGHT E. BROCK, Clerk
BOARD OF. COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Deputy Clerk
By:" JIM. COLETTA, CHAIRMAN
Approved as to form and legal sufficiency:
Assistant County Attorney
Page 11 0127
Aoenda Item No, 17B
~ October 23, 2007
Page 40 of 92
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed as of the day and year first above written.
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:
.. 'In,~- ,.
~udent-Stirling ~
Assistant County Attorney
Witnesses:
DEVELOPER:
Habitat for H
~ti:d ';Y~~/'0/Z-
Witness (/
Printed Name m \~J,()las 'J, \<{C(A (,..,b:;
?~) /7 J-
/:) //(~f744_ i~A''('' Q~-y
Witness . l' ;'"
Printed Name /V()("l(l~ diu' (1/(2/1,)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement Authorizing Affordable Housing Density Bonus And Imposing
Covenants And Restrictions On Real Property was acknowledged before me by
Samuel J. Durso. MD as President of Habitat for Humanity of Collier County. Inc., who
is personally known to me or has produced as
l. ~_
identification.
d.. {; day of .$e~+
&d#2&t
Notary Public
My Commission Expires:
WITNESS my hand and official seal this
2007.
<,!~.,~ NORMA LaRA-TREJO
~ MYCOMMISSIOf\JHDlmo:ns
'~~. _ ~ F.XPI~:::: ^!JI~'~' ~(I 11\10
, "."Off\. - - - Q'-" '--, -~.
l~lr).J.NOTA"'r' FL No\ary Div::o<m; f'>Sloc. Cu.
Page 120127
Agenda Item No, 176
October 23, 2007
Page 41 of 92
EXHIBIT A
LEGAL DESCRIPTION
PARCELS OF LAND LYING IN SECTION 26, TOWNSHlP 48 SOUTH, RANGE 26. EAST,
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
THE WEST 1980 FEET OF THE SOUTH 20% OF THE NORTH Y, OF THE SOUTHEAST Y"
EXCEPTING THE WEST 1814.85 FEET THEREOF, AND, THE WEST 1980 FEET OF THE
NORTH 33 FEET OF THE SOUTH Y, Of THE SOUTHEAST 1/4, EXCEPTING THE WEST
1814.85 FEET THEREOF, ALL IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST;
COLLIER COUNTY, FLORIDA.
ALSO BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST Y. CORNER OF SECTION 26, TOWNSHlP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA;
THENCE ALONG THE EAST LINE OF SAID SECTION 26, S02018'34"EFOR 668.96 FEET
TO THE POINT OF BEGINNING OF A PARCEL DESCRffiED HEREIN;
THENCE CONTINUING ALONG SAID, EAST LINE, S02018'34" E FOR 668.96 FEET TO
THE NORTH LINE OF THE SOUTH 'h OF THE SOUTHEAST Y. OF SAID SECTION 26;.
THENCE DEPARTING SAID EAST LINE AND ALONG SAID NORTH LINE OF THE
SOUTH Yz OF THE SOUTI-IEAST y., S89059' 17" W FOR 660.81 FEET TO THE WEST LINE
,,, OFTHE EAST 'h OF THE EAST Yz OF THE SOUTHEAST ~~ OF SAID SECTION 26; ,., .
.THENCE DEPARTING SAID NORTH LINE qF THE.SOUTH Yz OF THE SOUTHEASTY. ,
AND ALONG SAID, WEST LINE OF THE EAST 'h OF THE EAST 'h OF THE SOUTHEAST -
Y" S02016'03" E FOR 33.03 FEET TO THE SOUTH LINE OF THE NORTH 33.00 FEET OF
THE SOUTH 'h OF THE SOUTHEAST Y. OF SID SECTION 26;
THENCE DEPARTING SAID WEST LINE OF THE EAST Yz OF THE EAST 'h OF THE
SOUTHEAST Y. AND ALONG SAID SOUTH LINE SOUTH LINE. OF THE NORTH 33.00
FEET OF THE SOUTH ;1, OF THE SOUTHEAST 1/4, S80059'I7''W FOR 166.16 FEET TO
THE EAST LINE OF THE WEST 1814.85 FEET OF THE S0U11IEAST Y. OF SAID
SECTION 26;
THENCE DEPARTING SAID SOUTH LINE OF THE NORTH 33.00 FEET OF THE SOUTH
Y, OF THE SOUTHEAST \1" AND ALONG SAID EAST LINE OF THE WEST 1814.85 FEET
OF THE SOUTHEAST y., N0201T02"W FOR 300.80 TO THE PLATTED SOUTH LINE OF
CRYSTAL LAKE RV RESORT PHASE FOUR;
THENCE DEPARTING SAID EAST LINE OF THE WEST 1814.85, FEET OF THE
SOUTHEAST Y. AND ALONG SAID PLATTED SOUTH LINE OF CRYSTAL LAKE RV
RESORT PHASE FOUR, N89029'26"E FOR 166.24 FEET TO THE SOUTHEAST CORNER
OF CRYSTAL LAKE RV RESORT PHASE FOUR;
THENCE DEPARTING SAID SOUTH LINE OF CRYSTAL LAKE RV RESORT PHASE
FOUR AND AI.ONG THE EAST LINE OF CRYSTAL LAKE RV RESORT PHASE FOUR,
N02018'52"E FOR 401.27. FEET TO THE NORTH LINE OF THE SOUTH 'h OF THE EAST
Page 13 of 27
Agenda Item t'Q, 17B
October 23, 2007
Page 42 of 92
Y:, OF THE NORTHEAST Y, OF THE SOUTHEAST Y, OF SAID SECTION 26;
THENCE DEPARTING SAID EAST LINE OF CRYSTAL LAKE RV RESORT PHASE FOUR
AND ALONG SAID, NORTH LINE. OF THE SOUTH Y, OF THE. EAST Y:, OF THE
NORTHEAST Y, OF THE SOUTHEAST y" N89059'40"E FOR 660.66 FEET TO THE POINT
OF BEGINNING OF A PARCEL HERE DESCRiBED.
CONTAINING 11.2 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
Page 14 of 27
Agenda Item No, 17B
October 23, 2007
Page 43 ot 92
APPENDIX A, EXHIBIT A
A. The AHDB rating system shall be used to determine the amount of the AIIDB which may be.
granled for a development, based on household income. level, type of affordable housing
units (owner-occupied or rental, single-family or multi-family), and percentage of affordable,
housing units in the development. To use. the AHDB rating system, Table A below, shall be,
used. Table A shall be reviewed and updated, if necessary, on an annual basis by the BCC or
its dcsignee.
1. First, choose the household income level (50% of median income, 60% of median
income, or 80% of median ineome) of the affordable housing unites) proposed in the
development, and the type of affordable housing units (O\vner-oecupied or rental,
single-family or multi-family, whcre applicable) to be provided, as shown in Table. A.
An AHDB based on the household income level is shown in Table A.
2. Table A will indicate the maximum number of residential dwelling units per gross acre
that may be added to the base density. These additional residential dwelling units per
gross acre are lhe maximum AHDB available to that development. Developments with
percentages of affordable housing units which fall in between the percentages shown on
Table A shall receive an AHDB equal to the lower of the two (2) percentages it lies
between, plus one-tenth ( 1/10) of a residentialdwelling unit per gross acre for each
additional pereentage of affordable housing rental units in the development. For
example, a development which has twenty-four (24) percent of its total residential
dwelling units as affordable. housing units, at the 80 percent level will receive. an AHDB
of2.4 residential dwelling units per gross acre for the development.
3., Where more than one (I) type of affordable housing unit (based on level of income
shown in Table A) is proposed for a development, the AHDB for each type shall be
calculated scparately. After the AHDB calculations for each type of affordable housing
unit have been completed, the AI-lOB for each type of unit shall be added to those for the
other type(s) to determine the maximum AHDB available for the development. Tn no
cvcnt shall the ATIDB exceed eight (8) dwelling lmits per gross acre.
Pago 15 of 27
Agenda Item r"O, 178
October 23, 2007
Page 44 of 92
Union Pension $ -.-- $ $ --._~- $
Self-Employment Business,
Silent PaI1ner, etc., $ $ - $- $
Private Insurance Pension $ $ $ $
TOTAL ANNUAL INCOME $ $
THE VERlFICATION HERE REQUESTED MAY TAKE THE FORM OF TIlE MOST RECENT
YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL
OCCUpy THE AFFORDABLE UNIT.
THE SAME MUST BE EXECUTED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO
CONTRIBUTED TO THE ANNUAL HOUSEHOLD INCOME. FAILURE TO REPORT ALL
SOURCES OF HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICATION FOR TENANCY
IN AFFORDABLE HOUSING UNIT.
Page 21 of 27
Agenda 11em No. 17B
October 23, 2007
Page 45 of 92
APPENDIX B. EXHIBIT C
AFFORDABLE HOUSING APPLICANT INCOME CERTIFICATION
APPLICANT:
PreSL'Ilt Employer:
Address:
Job Title:
Street
City
State,
, Zip
I,
, hereby authorize the release. of information requested
(Applicant)
on this certification form.
Signature of Applicant
STATE OF FLORIDA )
) ss
COUNTY OF COLLIER)
The foregoing was acknowledged before me by
\\'ho is personally known to me or has produccd
idcntification. ,
as
Witness my hand and official seal tllis
day of
,2007.
(notary seal)
Notary Public
My Commission Expires:
Page 22 of 27
)\genda Item No. 178
October 23, 2007
Page 46 of 92
Table A. Affordable-Workforcc-Gap Housing Density Bonus
(Additional Available Dwelling Units Pcr Gross Acre)
Maximum Allowable Density Bonus by Percent of Development Designated as Affordable-
Workforce-Gap Housing
Household
Product Income 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ,.
. (%
median)
Gap 81--] 50% 1 2 3. 4 5 6 6 6 6 n/a
MI" ..
Workforce 61--80% 2 3. 5 8 8 8 8 8 8 8
MI* ,.
Low 51--60% 3. 4 6 8 8 8 8 8 8 8
MI
V clyLow 50% or ,
less MI 4 5 7 8 8 8 8 8, 8 8
.
'Owner-occupied only
'-May only be used in conjunction with at lcast 10% at or below 80% MI
Total Allowable Density = Base Density + Afford"ble- Workforce-Gap HOllsing Density Bonus
In no event shall the maximum gross density allowed exceed 16 units pcr acre.
B. Thc AHDB shall be available to a development only to the extent that it othelwise complies
and is consistent with the Glv1P and the land devclopment regulations, including the
procedures, requiremcnts, conditions, and criteria for "PUDs" and rezonings, where
applicable.
C. The minimlm1 nllmber of affordable housing units that shall bc provided in a development
pursuant to tlus section shall be ten (10) affordable housing muts,
D., The ratio ofnmuher of bedrooms per affordable housing unit shall in general be equal 10 the.
ratio of the number of bedrooms per residential unit for the entire development.
Page 16 of 27
Agenda Item t,o, 17B
October 23. 2007
Page 47 of 92
APPENDIX A. EXHIBIT B
YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS.
Page 17 of 27
.t\g~nda :telll No. 178
October 23. 2007
Page 48 of 92
NAPLES FL. FY 2007 MEDIAN FAMILY
HUD INCOME GUIDELINES
EFFECTIVE MARCH 20, 2007
-
Table 1: Median Family Income (MFI) by Household Size
--
Household 30% ofMFI 50% ofMFI 80% ofMFI
Size Very Low Low
I $14,650 $24,450 $39,100
-~~.
2 $16,750 $27,900 $44,700
3 $18,850 $31,400 $50,250
I--~-,,----
4 $20,950 $34,900 $55,850
5 $22,650 $37,700 $60,300
-
6 $24,300 $40,500 $64,800
- ----
7 $26,000 $43,300 $69,250
8 $27,650 $46,050 $73,700
MFI = Median family Income
MFI for all household sizes for 2007 is $63,900
OBR
694
FAIR MARKET RENTS 2007 FOR EXISTING HOUSING
Naples, FL MSA (Collier Counly)
Effective March 20. 2007
t:= 28::- - I
IBR
796
3BR
1114
4BR
1159
FAIR MARKET RENTS 2006 FOR E)"''lSTING HOUSING
Naples, FL MSA (Collier County)
For COIDnarison
\~~--L_~:~
ORR
667
I
l_____ ~~~
E4BR
1114
2007 Income Guidelines & I'MR.doc
Agenda Item No, 176
October 23, 2007
Page 49 of 92
APPENDIX B, EXHIBIT A
PRELIMINARY APPLICATION FOR AFFORDABLE HOUSING UNIT
Date Occupancy Desired:
Your Name:
Co-Tenant Name
Present Address:
Dale of Application: Amt. Of Sec. Deposit:_
RacelNational Origin: Handicap: Yes _ No_
_________ _ RaceINational Origin: Handicap: Yes. _ No_
Street
City
State Zip Telephone No.
How Long at this Address:
Name of Landlord
Landlord's Address:
Street
City
State
Zip
Telephone No.
Tfyon have resided at your present address less than 3 years, please state prcvious address:
Street,
City
State
Zip Telephone No.
Name of Previous Landlord
Street
City
, State
Zip
Telephone No.
AI'PLICANT:
Present Employers Name
Address and Telephone No.
How long with Present Employcr:
Job Title
Gross Salary: Hourly $_ W cekly $ _~ Every 2 Weeks $
Social Seeurity Number , Birth Date,
Previous Employers Name.
Address and Telephone No.
, Monthly $_____
How long with Previous Employer
CO-TENANT:
Job Title
Present Employers Name
Address and Telephone No.
How long willi Present Employer:
,Job Title
Page 18 of 27
Agenda Item No, 178
October 23, 2007
Page 50 of 92
Gross Salary: Hourly $_ Weekly $
Social Seeurily Number __
Previous Employers Name
Address and Telephone No.
How long with Previous Employer __
Every 2 Weeks $
Birth Dale
Monthly $
Job Title
NAMES OF ALL WHO WlLL OCCUPY APARTMENT BIRTH OATE SEX Al;E SOCIAL SECURITY
1.
2.
3.
PERSONAL REFERENCES (Not Relatives)
I. Name: Address:_
2. Name: Address:___,_
How Long Known:
How Long Known:
Page 19 of 27
Agenda Item No, 176
October 23, 2007
Page 51 of 92
APPENDIX n, EXrrmIT B
AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION
Present Address:
Street City Slate
I hereby make application for a single family unit at
I hereby declare and reveal all of my sources of income.
I am aware, that to leave out, omit or fail to report my assets or forms of income from pensions,
stocks, bonds, real property rent, sale or ownership is a fraudulent act punishable by law.,
Knowingly falsifYing information on this form is cause for refusal of occupancy.
Date:
Applicant's Name:
Co-Tenant's Name::
Social Security Number
Social Security Number _n_,
Zip
Telephone No.
I hereby certify that this will be my permanent residence and ihat I have no, other assisted
housing.
I lll1derstand that this infonnation is for the purpose of computing my annual income to,
detcrmine my qualification to buy an affordahle housing unit. I understand that I am not required
to sunender my ownership or rights or claimed property, pensions or capital gains, etc.,
Applicant
AmOWlt, Frequency,
Received, of Pay
Co-Occupant
Amount Frequency
Received, " of Pay
Wages/Salary
Bonuses
Tips
Commissions
Interest Ineome
Trust FWld hlcome,
Unemployment
Workman's Compensation
Welfare,
Food Stamps
Social Security
Social Security Disability
Supplemental SS!
Family Assistance
Child Support
Vetcrans Bcnefits
Widows Benefits
$..---.,..-
$
$
$
$
$
$
$
$.-
$
$
$
$
$
$
$
$
Page 20 of 27
$--_.~, ,$ $----
$ $ $
$ $ $
$ $._--- $---
$ $ $
$ ,$ " $
$ $ , $
$ $-~ $
$--- $ $
$ , $ , $
$ '" $ '" $---
$ $ $
$ $ $
$ $ $
$ $ $
$ $- ,$
$ $~ $
Agenda Item No, 176
October 23, 2007
Page 52 of 92
EMPLOYERCERTWICATION
Applicant's Gross Annual Income or Rate or Pay: $
Number of Hours Worked C\\ cckly):____. Frequency of Pay:
Amount of Bonuses, Tips, '.,)" :her Compensation Received: $
$
Monthly
Annually
Supervisor
STATE OF FLORIDA
, ~s
COUNTY OF COLLIEl<
The foregoing was acknowledged before me by
Who is personally knovm to me or has produeed
identification.
as.
Witness my hand and official seal this
, day of
,2007.
(notary seal)
Notary Public.
My Commission Expires:
THE CERTIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S
INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS fILED AND WILL OCCUPY THE
AFFORDABLE UNIT.
Page 23 of 27
Agenda Item No, 178
October 23, 2007
Page 53 of 92
APPENDIX C
DEVELOPER APPLICATION FOR AFFORDABLE HOUSING DENSITY BONUS
Pursuant to LDC S 2.06.01 please complete this fonn and submit it with any accompanying
documentation to the Community Development & Environmental Services Division, 2800 North
Horseshoe Drive, Naples, Florida 34104. A copy must also be provided to, the Financial
Administration and Housing Department.
AU items requested must be, provided.
1. Please state what zoning districts are proposed by the applicant, if any, on the property and the
acreage of each; The applicant has made application to Collier County to rezone the 11.2* acre.
property to Residential Planned Unit Development (RPOO).
2. Has an application for rezoning bcen requcstcd in conjunction with the affordable housing
Density bonus?
,X Yes
No
If yes, stale date of application Septembcr 5, 2006, and ifthe request has been approved, state the '
Ordinance number
3. l:rrOSS density of the proposed development. 5.9 units/acre.
Gross acreage of the proposed development. 11.2 acres.
4. Are affordable housing density bouus lmits sought in conjunction with an application for a
planned unit development (PUD)? X
Yes No.
If yes, please state name and location of the POO and any other identiJying information. Habitat-,
W oodcrest RPOO
5. Name of applicant, ,Habitat for Humanity of Collier County. Inc.
Name ofland developer ifnot the same as Applicant:
6. Please complete. the following tables as they apply to the proposed development.
Page 24 of 27
TABLE I
Total Number of Units in Development
Type of
Unit
Efficiency
One Bedroom
Two Bedroom
Three Bedroom
Other Bedroom
TOTAL
TABLE II
Rental
Owner
Occupicd
nn
66
Number of Affordable Housing Units
Total Number of
Affordable Units
in Development
Owner,
Rental Occunied
MODERATE INCOME
80% 1\11
Efficieney
1. Bedroom
2. Bedroom
o Bedroom
Other
TOTAL
Proposed Use for
Density Bonus Units
Rcntal
Page 25 of 27
OViI1er
Oceuj)ied
Agenda Item No, 178
October 23, 2007
Page 54 of 92
LOW INCOME
60% MI
Efficiency
I Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
VERY LOW INCOME
50%MI
Efficiency
1 Bedroom
2 Bcdroom
3 Bedroom
Other
TOTAJJ
17
17,
49
_42-.
100%,
100%
100%
100%
Agenda Item No, 17B
October 23,2007
Page 55 of 92
7. Please provide a physical description of the affordable units by type of unit (moderate, low,
very low income) and by number of bedrooms.. Include in your deseription, for example, the square
footage of each type of unit, floor coverings used throughout the unit (carpeting, tile, vinyl flooring);
window treatments; appliances provided such as washer/dryer, dishwasher, stove, refrigerator;
bathroom amenities, such as ceiling exhaust fans; and any other amenities. as applicable. Attach
additional pages as Exhibit "D" if needed.
Page 26 of 27
/\genda item No. 178
October 23, 2007
Page 56 of 92
The development will include 66 single-family dwelling units to be constructed as two-
family. The development has been designed to abide by all pertinent Collier County LDC
regulations. All units will be three bedrooms and will be sold to low and very low income
residents.
All homes in Habitat Wooderest will share many common features:
* Wood frame construction
* 30 - year architectural shingles
* Concrete driveways, walks and entries.
* R-30 insulation in attics and R 13 insulation on exterior walls.
* Ceramic or vinyl tile flooring in all kitchens, baths, bedrooms and laundry areas.
* Wood kitchen cabinets with fully adjustable shelves.
* Complete kitchen appliances, including a microwave oven, range, refrigerator and disposal
* High efficieney air conditioning with heat pump.
* Fully landscaped private yards.
* Dual sinks in the master bath.
* Aluminum framed windows.
* Metal clad entry door with dead bolt lock.
* Strong stcel hurricane shuttcrs.
* Pre-wiring for cable television, telephone and a digital perimeter security alarm system
8. Please supply any olher infoffi1ation which would reasonably be needed to address this request for
an affordable housing density bonus for this development. Attach additional pages if needed.
Page 27 of 27
"
\,
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLIERGQY."NET
(i)
Agenda Item No. 17B
October 23, 2007
Page 57 of 92
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 403-2400 FAX (239) 643-6968
APPLICATION FOR PUBLIC HEARING FOR:"
o AMENDMENT TO PUD (PUDA) ~ PUD REZONE (PUDZ)
o PUD TO PUD REZONE (PUDZ-A)
PETITION NO (AR)
PROJECT NAME
PROJECT NUMBER
DATE PROCESSED
ASSIGNED PLANNER
1/ztf/Ol
To be completed by staff
APPLICANT INFORMATION
-., '
NAME OF APPLICANT(S} DR. SAMUEL J. DURSO, HABITAT FOR HUMANITY OF COLLIER COUNTY. INC.
ADDRESS 11145 TAMIAMI TRAIL EAST CITY NAPLES STATE FL ZIP 34113
TELEPHONE # 239-775-0036 CELL # _ FAX # 239-775-0477
E-MAIL ADDRESS:SDURSO(cVHFHCOLLIER.COM
NAME OF AGENT DWIGHT NADEAU, RW A. INC.
ADDRESS 661 0 WILLOW PARK DRIVE, SUITE 200 CITY NAPLES STATE FL ZIP 34109
TELEPHONE # 239-597-0575 CELL # ~ FAX # 2)9-597-0578
E-MAIL ADDRESS:DHN@CONSULT-RWA.COM
NAME OF AGENT HEATHER S. CASE, ESQ.. PORTER, WRIGHT. MORRIS & ARTHUR. LLP
ADDRESS 5801 PELICAN BAY BLVD. SUITE 300 CITY NAPLES STATE FL ZIP 34108
TELEPHONE # 239-593-2968 CELL # FAX # 239-593.2990
E-MAIL ADDRESS:HCASE@PORTERWRIGHT.COM
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF
ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS.
Atlplicatioll For Public Hearing For PUD Rcwne 01/18/07
L
ASSOCJATIONS
Ag'21lc!a Item No, 178
October 23, 2007
r'age ~2
Complete the following for all Association(s) affiliated with this petition. Provide additional
sheets if necessary,
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS
CITY
STATE
ZIP
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS
CITY
ST A TE
ZIP
NAME OF HOMEOWNER ASSOCIATlON:_
MAILING ADDRESS
CITY
STATE
ZIP
NAME OF MASTER ASSOCIATION:
MAILING ADDRESS
CITY
STATE
ZIP
NAME OF CIVIC ASSOCIATION:
MAILING ADDRESS
CITY
STATE
ZIP
l}isclosul'e of 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
Percentage of Ownership
Application For Public Heming Por PUD Rezone OIItS/07
b.
Agenda Item No, 17B
If the properly is owned by a CORPORATION, list the officers and stoc~llerS'llrllt07
the percentage of stock owned by each. Page 59 of 92
Name and Address
Percentage of Ownership
11145 Tamiaml Troll East
Naoles. FL 34113
100% of Folio #, 00192240008
and 00193280009
Habitat for Humanity of Collier County, Inc.
Dr. Samuel J. Durso. PD
891 Partrldae Court
Marco Island, FL 34145
Robert Colioa. VPD
1120 little Neck Court. E-51
Noole,. FL 341 02
William Ramsay. VPD
161 Amblewood Lone
tlgple,. FL 341 05
Mo ryonne Dur'o. VP
891 PoJ:!ili!ge Court
Marco Island, FL 34145
Thomas Schneider, D
704 Turkey Oak Lane
Naole,. FL 34108
c. If the property is in the name of a TRUSTEE, list the beneFiciaries of the trus' with the
percentage of interest.
Name and Address
Percentage of Ownership
Application Por PubJie Hearing For pun Rezone 01/1 8107
. . :'.qenda Item No, 17B
d. If the properly IS In the name of a GENERAL or LIMITED PARTNERSHIp', IffiMbllllN~07
of the general and/or limited partners. Page 60 of 92
Name and Address
Percentage of Ownership
e. If there ,is a CONTRACT FOR PURCHASE, with an individual or individuals, a
Corporation, Trustee, or a Partnership, list the names of the contract purchasers
below, including the officers, stockholders, beneficiaries, or partners.
Name and Address
Percentage of Ownership
Date of Contract:
f. If any contingency clause or contract terms involve additional parties, list all
individuals or officers, if a corporation, partnership, or Irust.
Name and Address
g. Date subject properly acquired ~ 9/2003 and 4/2006 leased D Term of lease_
yrs.fmos.
If, Petitioner has option to buy, indicate the following:
Date of option: _
Dale option terminates: _, or
Anticipated closing date _._._
h. Should any changes of ownership or changes in contracts for purchase occur
subsequent to the dale of application, but prior to the dale of the final public hearing, it
is the responsibility of the applicant, or agent on his behalf, to submit a supplemental
disclosure of interest form.
Application :For Public Hearing For PUD Rezone OJ II 'd/07
,^,gonda 1~9m NO~1 B
October 23, 20 7
Page 01 01 2
Detailed leeal descrilltioll oCthe Ill'Ollel'tv covered bv the alllllieatioll: (If space is Inadequate, allach
on separate page,) If request involves change to more than one zoning district, indude 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 pr...
application meeting.
PROPERTY LOCATION
NOTE, The applicant Is responsible for supplying the correct legal description. If questions aris.. concerning
the legal description, an engineer's certification or seated survey may be required.
Section/Township/Range 2.fJ./~/2.fJ.
Lot: Block: SubdivisIon:
Plat Book _ Page #: _ Property 1.0.#: 001992240008 AND 00193280009
Metes & Bounds Description:
THE WEST 1980 FEET OF THE SOUTH 20% OF THE NORTH '12 OF THE SOUTHeAST v.., EXCEPTING THe WEST 1 814.85
FEET THEREOF, AND THE WEST 1980 FEET OF THE NORTH 33 FEET OF THe SOUTH !/, OF THE SOUTHEAST 1/4 ,
EXCEPTING THE WEST 1814.85 FEET THEREOf, ALL IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COlliER
COUNTY, FLORIDA.
ALSO BEING MORE PARTICULARLY DESCRIBED AS FOlLOWS,
COMMENCING AT THE EAST y, CORNER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COlliER COUNTY,
FLORIDA;
THENCE ALONG THE EAST LINE OF SAID SECTION 26, S02'18'34"E FOR 668.96 FEET TO THE POINT OF BEGINNING OF
A PARCEL DESCRIBED HEREIN;
THENCE CONTINUING ALONG SAID EAST LINE, S02' 1 B'34" E FOR 668.96 FEET TO THE NORTH LINE OF THE SOUTH y,
OF THE SOUTHEAST y, OF SAID SECTION 26;
THENCE DEPARTING SAID eAST LINE AND ALONG SAID NORTH LINE OF THE SOUTH ,(, OF THE SOUTHEAST '/"
S89'59'17" W FOR 660.81 FEET TO THE WEST LINE OF THE EAST y, OF THE EAST!/, OF THE SOUTHEAST y, OF SAID
SecTION 26;
THENCE DEPARTING SAID NORTH LINE OF THE SOUTH y, OF THE SOUTHEAST '/, AND ALONG SAID WEST LINE OF THE
EAST y, OF THE EAST ,(, OF THE SOUTHEAST 'I"~ S02'16'03" E FOR 33.03 FEET TO THE SOUTH LINE OF THE NORTH
33.00 FEET Of THE SOUTH y, OF THE SOUTHEAST v.. OF SID SECTION 26;
THENCE DEPARTING SAID WEST LINE OF THE EAST !/, OF THE EAST '12 OF THE SOUTHEAST '/, AND ALONG SAID SOUTH
LINE SOUTH LINE OF THE NORTH 33.00 FEET OF THE SOUTH y, OF THE SOUTHEAST 1/4, SBO'59'17"W FOR 166,16
FEET TO THE EAST LINE OF THE WEST 1814.85 FEET OF THE SOUTHEAST '/, OF SAID SECTION 26,
THENCE DEPARTING SAID SOUTH LINE Of THE NORTH 33.00 FEET OF THE SOUTH y, OF THE SOUTHEAST '/4 AND
ALONG SAID EAST LINE OF THE WEST 1814.85 FEET OF THE SOUTHEAST V"~ N02" 17'02"W FOR 300.80 TO THE
PLATTED SOUTH LINE OF CRYSTAL LAKE RV RESORT PHASE FOUR,
THENCE DEPARTING SAID EAST LINE OF THE WEST 1B14,85 FEET OF THE SOUTHEAST 'I, AND ALONG SAID PLATTED
SOUTH LINE OF CRYSTAL LAKE RV RESORT PHASE FOUR, N89"29'26"E FOR 166.24 FEET TO THE SOUTHEAST CORNER
OF CRYSTAL LAKE RV RESORT PHASE FOUR;
THENCE DEPARTING SAID SOUTH LINE OF CRYSTAL LAKE RV RESORT PHASE FOUR AND ALONG THE EAST LINE OF
CRYSTAL LAKE RV RESORT PHASE FOUR, N02'18'52"E FOR 401.27 FEET TO THE NORTH LINE OF THE SOUTH y, OF THE
EAST ,(, OF THE NORTHEAST '/, OF THE SOUTHEAST '/, OF SAID SECTION 26;
THENCE DEPARTING SAID EAST LINE OF CRYSTAL LAKE RV RESORT PHASE FOUR AND ALONG SAID NORTH LINE OF THE
SOUTH !/, OF THE EAST !/, OF THE NORTHEAST '/, OF THE SOUTHEAST 'I"~ N89"59'40"E FOR 660,66 FEET TO THE
POINT OF BEGINNING OF A PARCEL HERE DESCRIBED.
CONTAINING 11.2 ACRES, MORE OR LESS.
Application For Public Hearing For PUD Rezone 01118;07
Agenda Item No, 17B
Size of Ill'Ollel'tv: It, X _It. = Total Sq. Ft. 487 872 Acres l..L2. October 23,2007
. Page 62 of 92
Addl'ess/l!enel'allocatioll of subiect pro!Jcl'tv: located on the west side of Woodcrest Drive. south of
lmmokalee Rood and iust north of Acremaker Road.
PUD District (LDC 2.03.06): IZI Residential
o Community Facililies
o Commercial 0 Industrial
ADJACENT ZONING AND LAND USE
Zoning
Land use
N PUD
S A. AGRICULTURE AND PUD
SUMMIT LAKES RPUD
SINGLE FAMILY HOMES ON 1.25-ACRE LOTS
AND WARM SPRINGS PUD
CAlUSA PINES GOLF COURSE
StNGLE FAMILY HOMES ON 1.2~-ACRE LOTS
AND CRYSTAL LAKE PUD
E A. AGRICULTURE & CU
W A, AGRICULTURE AND PUD
Does the owner of the subject properly own property contiguous 10 Ihe subject property? If so,
give complete legal description of entire contiguous properly. (If space Is inadequate, attach on
separate page).
SectlonjTownshlp/Range _1_1_
Lot: Block: Subdivision:
Plat Book _ Page #: _ Property I_D.#: _
Metes & Bounds Description:_
REZONE REQlJ]<;~'L___
This applicalion is requesting a rezone from the A, Aariculture zoning district(s} to the RPUD, Residential
Planned Unit Development zoning district(s).
Present Use of the Property: Malority of Dronertv c1eclred with some bee keeoing and storace activity.
Proposed Use (or range of uses) of the property: Affordable housina development for owner-occupied.
Attached and detached sirwle-family residential units,
Original PUD Name: _ Ordinance No.: _
Application For' Public Trearing For PUD Rez<me Oll18f07
I .
EVALUATION CRI1'ERIA
Agenda Item No, 176
Ortoher n 70r
Page 63 of 2
Pursuant to Seelion 10.02.13 of the Collier County Land Development Code, staff's analysis and
recommendation to the Planning Commission, and the Planning Commission's recommendallon 10 the
Board of County Commissioners shall be based upon consideration of the applicable crilerla noled below.
Provide 0 narrative slatement describing Ihe 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 10.02.13.8\
1. The suilabillty of the area for the type and pattern of development proposed in relalion to
physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water,
and ather utilitles.
The proposed RPUD's consistency wtth the locatlona! criteria set forth on the Future Land Use Map and
supporttng Future Land Use Element (FLUE) af the Growth Management Plan (GMP), and consistency
with the applkable Elements reloted to access/ drainage, water, sewer, and other utilities, combined
with the development conditions and commttments contained In the proposed RPUD document, gives
reasonable assurance that ail Infrastructure will be developed consistent wtth County regulations.
2. Adequacy of evidence of unified control and suitability of any proposed agreemenls, contracl, or
other Instrumenls, or for amendments In those proposed, particularly as they may relate to
arrangements or provisions to be made for the continuing operation and maintenance of such
areas and facilities that are not to be provided or maintained at public expense. Findings and
recommendations of this type shall be made only after consultation with the county attorrey.
The documents submitted with this Petition Application provide evidence of unified control. Further, the
proposed RPUD document mokes cppropriate provisions for continuing operation and maintenance of
common ':~ reos.
3, Conform I of the proposed PUD with the goals, objectives and policies of the growth
manage ent plan. (This is to include identifying what Sub-district, policy or ather provision
allows t, ' requested uses/density, and fully explaining/addressing all criteria or conditions of that
Sub-disll ,policy or ather provision.)
The devel. "lent of approximately 11.2 acres of property in Collier County, Fiorida as a Residential
Planned, U, Jevelopment to be known as Habitat-Woodcre,t RPUD will be, in compliance with the
goals, obje:llve, and policies of Collier County as set forth in the Growth Management Plan (GMP).
The residential uses and recreational facilities of the Habltat-Woodcrest RPUD are consistent with the
growth policies, land development regulations, and applicable comprehensive planning objectives of
each of the elements of the GMP for the following reasons,
1. The subject property for development is within the Urban Mixed Use District/Urban Residential
Subdistrict as identified on the Future Land Use Map os provided for in Objective 1 of the
Future Land Use Element (FLUE), and the uses contemplated are consistent therewith.
Applicv.tion Por P"uhtic J Icarlllg For PUD Rcztme 01/18/07
. , Agend~ Item No, 17B
2. The proiect is proposed to be a residential planned unit development dlStnct 'otat3fi\cWJ!!i>i!!:Jh~007
Urban-Mixed Use District, as Identified on the Future land Use Map from the FLUE, of'tIye 64 of 92
GMP. The Density Rating System of the FLUE provides for a density bonus when a proposed
prolect intends to provide "affordable housing" os outlined by land Development Code (LOC).
The subiect proiect is eligible to receive a density bonus of three (3) dwelling units per gross
acre, as demonstrated In the companion Affordable Housing Density Bonus Agreement, added
to the base density of four (4) dwelling units per gross acre to provide for a gross proiect
density of seven 17) dwelling units per acre. The proposed density of the Habitat-Woodcrest
RPUD Is 5.9 units per gross acre, whlch is less than what is provided for by the FLUE Density
Rating System, and is therefore consistent with the FLUE, Policy 5.1. of the GMP,
3. The prolect wili impiement Oblectlve 1 of the Houstng Element by providing additional
"affordable housing" dwelling units, within the proposed Master Planned Development.
4. The project will further the implementation of Policy 1.4 of the Housing Element by provtdlng
"affordable housing" In an orea where planned infrastructure and servlces will be available.
5. The development will be compatible with and complementary to existing and planned
surrounding land uses.
6. The development of the Habitat-Waodcrest RPUD wlll result in an efficient and economical
extension of community facilities and services as requIred In Policy 3.1.g. of the FLUE.
7. The Habltat-Woodcrest RPUD implements Policy 5.6 of the FLUE in that more than 60% of the
project will provide useable open space.
8. By virtue that the project must comply with the concurrency provisions of the LOC, It will
Implement, and further Objective 8 of the Transportation Element.
4. The internal and external compatibility of proposed uses, which conditions may include
restrictions on location of improvements, restrictions on design, and buffering and screening
requirements.
The RPUD Master ptan has been designed to optimize internal land use relationships th, ".ugh the use of
various forms of open space separation. Additionally, most external relationships are C',Jtomatically
regulated by the Land Development Code to ensure harmonious relationships between:,roiects.
5. The adequacy of usable open space areas in existence and as proposed to serve ~ ;"Ie developmert.
The amount of open space set aside by this proposed project meets or exceeds 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.
The timing ond sequence of the permitting af the proposed development coincides with the
programmIng of the County's proposed capital improvements to meet concurrency requirements.
Adequate improvementst utilities/ and other facilities can be provided.
Application For Public llearing Fm PUD Rezone 01118/07
7.
Agenda Item No, 17B
Th. ability of the subject property and of surrounding areas to accommodate expansl:ildober 23, 2007
Page 65 of 92
Ability, os applied in this context, tmplies supporting infrastructure such os wastewater disposal system,
potoble water supplies, characteristics of the property relative to hazards, and capacity of roads is
supportive of conditions emanating from urban development. Relative to this Petition, development of
the subject property is timely because supporting Infrastructure ore available or will be In place by the
tIme permitting of the proposed improvements is complete.
8.
Conformity with PUD regulations, or as to desirable modifications of such regulations inthe
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 development standards in the proposed RPUD document are similar to those standards used for the
residential structures and related improvements when compared to County regulations.
Deed Restriclions: The County is legally precluded from enforcing deed restrictions, however, many
communltles 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 llse DetHions on the subiect nronertv: To your knowledge, has a public heClring been held
on this property within the last year? 0 Yes IZJ No '
If so, what was the nature of that hearing? _
NOTICE:
This opplication will be censidered "open" when the determinotien of "sufficiency" has been mode and
the applicatien is assigned 0 petition processing number. The applicatien will be considered "c1esed"
when the petitiener withdraws the applicatien through written netice or ceases te soooly necessary
information to continue precessina er otherwise actively pursue the rezonina fer a p-erlod ef six (6)
months. An application deemed "closed" will net receive further precessing ond an applicatien
"c1esed" through inoctivity shall be deemed withdrown. An applicoticn deemed "c1csed" may be re-
epened by submitting 0 new application, repayment ef all application fees and granting of a
determination of "sufficiency". Further review of the proiect will be subject te the then current code.
(LDC Section 10.03.05.T.)
Application For Public Hearing For PUD Rezone 01118/07
STATEMENT OF UTILITY PROVISIONS
FOR PUD REZONE REQUEST
Agenda Item No, 17B
October 23,2007
Page 66 of 92
APPLICANT INFORMATION
NAME OF APPLlCANT(S) DR. SAMUEL J. DURSO, HABITAT FOR HUMANITY OF COLLIER COUNTY. INC.
ADDRESS 11145 T AMIAMI TRAIL EAST CITY NAPLES STATE FL ZIP 341 13
TELEPHONE # 239-775-0036
CEll #
FAX # 239-775-0477
E-MAIL ADDRESS:SDURSO(ci)HFHCOLlIER.COM
ADDRESS OF SUBJECT PROPERTY (IF AVAilABLE): LOCATED ON THE WEST SIDE OF WOODCREST DRIVE.
SOUTH OF IMMOKALEE ROAD AND JUST NORTH OF ACREMAKER ROAD.
lEGAL DESCRIPTION
Section/Township/Range 2.Q/~/26
Lot: Block: Subdivision:
Plat Book _ Page #: _ Property 1.0.#: 00192240008 AND 00193280009
Metes & Bounds Description:
THE WEST 1980 FEET OF THE SOUTH 20% OF THE NORTH \/, OF THE SOUTHEAST 'I"~ EXCEPTING THE WEST 1814.85
FEET THEREOF, AND THE WEST 1980 FEET OF THE NORTH 33 FEET OF THE SOUTH \/, OF THE SOUTHEAST 1/4 ,
EXCEPTING THE WEST 1814.85 fEET THEREOF. ALL IN SEGION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COlLIER
COUNTY, FLORIDA.
ALSO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,
COMMENCING AT THE EAST \/, CORHER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA,
THENCE ALONG THE EAST liNE OF SAID SECTION 26, S02'18'34"E fOR 668.96 FEET TO THE POINT OF BEGINNING OF
A PARCEL DESCRIBED HEREIN,
THENCE CONTINUING ALOt"G SAID EAST LINE, S02' 18'34" E FOR 668.96 FEH TO THE NORTH LINE OF THE SOUTH \/,
OF THE SOUTHEAST \I, OF SAID SECTION 26,
THENCE DEPARTING SAID EAST LINE AND ALONG SAID NORTH LINE OF THE SOUTH ';' OF THE SOUTHEAST \I"
S89'59'17" W FOR 660.81 FEET TO THE WEST LINE OF THE EAST '/, OF THE EAST \I, OF THE SOUTHEAST '/4 OF SAID
SECTION 26,
THENCE DEPARTING SAID NORTH LINE OF THE SOUTH '/, OF THE SOUTHEAST ',I" AND ALONG SAID WEST LINE OF THE
EAST Y2 OF THE EAST \/, OF THE SOUTHEAST 'I,. S02' 16'03" E FOR 33.03 fEET TO THE SOUTH LINE OF THE NORTH
33.00 FEET OF THE SOUTH '/, OF THE SOUTHEAST 'I, OF SID SECTION 26,
THENCE DEPARTING SAID WEST LINE OF THE EAST \/, OF THE EAST \/, OF THE SOUTHEAST '/, AND ALONG SAID SOUTH
LINE SOUTH LINE OF THE NORTH 33.00 FEET OF THE SOUTH \I, OF THE SOUTHEAST t/4, S80'59'17"W FOR 166.16
FEET TO THE EAST lIl-lE OF THE WEST 1814.85 FEET OF THE SOUTHEAST 'I, OF SAID SECTION 26,
THENCE DEPARTING SAID SOUTH LINE OF THE NORTH 33.00 FEET OF THE SOUTH '/2 OF THE SOUTHEAST v.. AND
ALONG SAID EAST LINE OF THE WEST 1814.85 FEET OF THE SOUTHEAST \I" N02'lT02"W FOR 300.80 TO THE
PLATTED SOUTH LINE OF CRYSTAL LAKE RY RESORT PHASE FOUR:
THENCE DEPARTING SAID EAST LINE OF THE WEST 1814.85 FEET OF THE SOUTHEAST '/, AND ALONG SAID PtATTED
SOUTH LINE OF CRYSTAL LAKE RV RESORT PHASE FOUR, N89"29'26"E FOR 166.24 FEET TO THE SOUTHEAST CORNER
OF CRYSTAL tAKE RY RESORT PHASE FOUR,
Application For Public Hearing For pun Rezone 01/18/07
Aoeng" 1tem No. 176
THENCE DEPARTING SAID SOUTH LINE OF CRYSTAL LAKE RV RESORT PHASE FOUR AND ALONG THE~e411~S,Q\i07
CRYSTAL LAKE RV RESORT PHASE FOUR, N02'18'52"E FOR 401.27 FEET TO THE NORTH LINE OF THE SOUTIjPk'!!!<9tl7l'~Jjj: 92
EAST ';' OF THE NORTHEAST '/4 OF THE SOUTHEAST 'I, OF SAID SECTION 261
THENCE DEPARTING SAID EAST LINE OF CRYSTAL LAKE RV RESORT PHASE FOUR AND ALONG SAID NORTH LINE OF THE
SOUTH V> OF THE EAST V, OF THE NORTHEAST 'I, OF THE SOUTHEAST '/4, N89'59'40"E FOR 660.66 FEET TO THE
POINT OF BEGtNNING OF A PARCel HERE DESCRIBED.
CONTAINING 11.2 ACRES, MORE OR lESS.
I TYPE OF SEW AqE DISPOSAL TO BE PROVIDED
(Check applicable system):
COUNTY UTILITY SYSTEM
a . CITY UTILITY SYSTEM
b, FRANCHISED UTiliTY SYSTEM
PROVIDE NAME
c. PACKAGE TREATMENT PLANT
(GPO cappcity) _
d. SEPTIC SYSTEM
!SI
o
o
o
o
TYPE OF WATER SERVICE TO BE PROVIDED
. -c. .,_...,..'.....0'.' ,_ _ ,,'.. .," .-, '.
a. COUNTY UTILITY SYSTEM
b. CITY UTILITY SYSTEM
c. FRANCHISED UTILITY SYSTEM
PROVIDE NAME
d. PRIVATE SYSTEM (WELL)
[2J
o
o
o
To.T Ai. POPlJLAT1o.l'ol TO. BE SEiiv~R: 132 166 units x 2 OCCUDonts lunltl
~E4.1( AND AVERAGE DAIL" DE/;\ANDS:
A. WATER-PEAK 21.18 GPM AVERAGE DAILY 20.328 GPD (L05:1541
B. SEWER-PEAK 14.30 GPM AVERAGE DAilY 15.840 GPD (LOS, 1201
WATER - PEAK = Average Daily x 1,5 Peak Factor + 1440 .
SEWER - PEAK = Average Daily x 1.3 Peak Factor';" 1440
IF PROPOSING TO BE CONNECTED TO COlliER COUNTY REGIONAL WATER SYSTEM,
PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED 2QQ.6.
I\jAR~At!v~ St4T~MEI\jT: Provide a brief and concise narrative statement and schematic
drawing of sewage treatment process to be used as well as a specific statement regarding the
method of affluent and sludge disposa I. If percolation ponds are to be used, then percolation
data and soil involved shall be provided from tests prepared and certified by a professional
engineer.
Application For Public Hearing Fur PUD Reztllle 01/18/07
Agenda Item No. 176
COLLIER COUNTY UTILITY DEDICATION ~TATEJVlENTI If the proiect is locateilCt<Wii!l,ifi3tllliJ07
services boundaries of Collier County's utility service system, written notarized stat~ ~~cil192
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 tne at time. This statement
shall also include an agreement that the applicable system development charges and
connection fees will be paid to the County Utilities Division prior to the Issuance of building
permits by tne County. if appiicable, tne statement shall contain snail contain an agreement to
dedicate the appropriate utility easements for serving the water and sewer systems.
STATEMENT OF AVA,!LABIL!H CAPACITY FROM OTHEIl. PROVll~ER,~: Unless waived or
otherwise provtded for at tne pre-application meeting, if the project is to receive sewer or
potable water services from any provider other than the County, a statement from that
provider indicating that there is adequate capacity to serve the project snail be provided.
Applicatioll For Puhlic Hearing For PUD Rezone OI/l8/07
PUD AMENDMENT (PUDA)
PUD REZONE (PUDZ)
PUD to PUll REZONE (PUDZ.A)
APPLICATION
SUBMITT AL CHECKLIST
^
o
, ~7B
October 23, 20 7
Page 69 of 2
THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW
WICOVER SHEETS ATTACHED TO EACH SECTION.
NOTE: INCOMPLETE SUBMITTALS WILL NOT BE ACCEPTED.
#OF NOT
REQUIREMENTS COPIES REQUIRED REQUtRED
STANDARD REQUIREMENTS, . ... . ':. . , .
1 Additional sel if located in the BayshorelGoleway Triangle
Redevelopment Area
Copies of detailed descrlptlon of why amendment Is necessary 24 X
Completed Application with list of Permlt'ed Uses; Development Standards Tablei list
of proposed deviations from the lDC (If any); List of Developer Commitments 24 24
(download application from web5i1e for current form)
Pre-application meetlno noles 24 24
PUD Conceptual Ma~ter Site Pion 24" x 36" and One 8 ~/2" X. 11" copy 24 24
Revised Conceotual Master Site Pion 24" x 361!and One 8 V2lJ x 11" COpy 24 X
Orlglnol PUD document/ordinance and Master Plan 24" x 36" - ONLY IF AMENDING 24 X
THE PUD
Revised PUD application with changes crossed thru & underlined 24 X
Revised PUD ooollea!ion w/omended Title oaae w/ord #'s lDC 10,02.13.A.2 24 X
2 Copies 'ofthe following:',:' : '. < ': .<". ..' ',..
Deeds/legols & Survey (if boundory of original PUD is amended) 2 2
Ust Identifying Owner & all parties of corporation 2 2
Owner/Affidavit sIgned & notarIzed 2 2
Covenant of UnifIed Control 2 2
Completed Addressing checklist 2 2
4 Copies of the.following: ., . ,'. . ..
Environmental Impact Statement (EISi and digital/electronic copy of EIS or exemptiorl 4
justification 4
i Historical Surveyor waiver request 4 4
Utility Provisions Statement w/sketches 4 4
Archnecturdl rendering of proposed structures 4 X
Survey, signed & se01ed 4 4
Traffic hnpact Statement (TIS) or waiver 7 7
Recent AeriC1~ Photograpn (wlth habitat meos defined) min scaled 1 '1-400' 5
5
Electronic copy of all documents in Word format and plans (CD Rom or Diskette) 1
1
Letter of No Oblection from the U.S. Postal Service 1 1
If located In RFMU {Rural Frince Mlxed.JJ.sp.-l Receivina land Areas
Applicant must contact Mr. Gerry J. locoverol State of Florida
Division of forestry @ 239.690.3500 for lnformotion regarding
"Wildfire Mitigafion & Prevention PIon", LDC Section 2.03.08.A,2.a.(b)l.c.
AppIiconf / Agotlt Signature
Dote
Application For Public Hearing For Plm Rezone 01118/07
EXHIBIT A
Agenda Item No, 17B
October 23,2007
Page 70 of 92
PROJECT LAND OSE TRACTS
TRACT "R"
TYPE
lillSlDENTJAL
UNITS/FT.
66
ACREAGE:!:
9.33
TRACT HRA"
RECREATtON AREA
o
0.19
TRACT "P"
PRESERVE
o
1.68
I TRACT R . PRRMITTED USES:
No building 01' stl'ucturc, or part thereof, shall be erected, altcl'ed 01' used, or land used, in whole or in
part, for other than the following:
A. Principal Uses:
1. Single-family detached dwellings;
2. Single-family attached dwellings intended for fce simple conveyance including the
platted lot associated with the residence.
3. Any other principal use which is comparable in nature with thc foregoing list of
permitted principal uses, as determined by the Board of Zoning Appeals ("RZA") by the
process outlined in the LOC.
B. ACCCSSOl)' Uses:
I. Custommy accessory uses and structures including, but not limited to, private garagesl
swimming pools with, or without screened enclosures, and other outdoor recreation
facilities.
II TRACT RA - PERMITTRB USES:
No building or stlUcture or part thereof, shall be erected altered or used, or land used, in whole or in
part, for other than the following:
A. PriTJcipal Uses:
1. Facilities intended to accommodate outdoor social and rCGrcational activities;
2. Outdoor recreation facUities, such as playground improvements/facilities (including
playground equipment that conforms to applicable safety protocols.
3. Any other prindpal use which is comparable in nature with the foregoing list of
permitted principalllses, as dctermillcd by the Board of Zoning Appeals ("BZA") by the
procllss oUllincd ill the LDC.
III RRG1JLATlONS FOR DEVELOPMENT:
Regulations for development of this project shall be in accordance with the contents of this ordinance
and other sections and pmts of the Land Development Code and Growth Management ptan in effect at
the time of site d~vclnrment plan, subdivision plat, or any other type of approval to which those
regulations apply.
Allplicution For Public Hearing For pun Rezone 01/18/07
EXHllm B
Agenda Item No, 178
October 23, 2007
Page 71 of 92
TABLE I
RESIDENTIAL DEVELOPMENT STANDARDS
Table I below sets forth the development standards for land uses witllin the RPUD Residential Subdistrict,
Standards not specifically set forth herehl shall be tho,e specified In applicable sections of the LDC in effect as of
the date of approval of the SDP or Subdivision piat.
GENERAL: Except as provided for herein, ail criteria set forth below shail be understood to be in relation to
individual parcel or lot boundary lines, or between stTucturcs. Homeowners' association boundaries shall not be
utilized for determining development standards.
UEVELOPMENT STANDARDS L--'- SINGLE FAMilY DETACHED
PRtNCIPAL STRUCTURES
-'-:l SINGLE FAMilY ATTACHEDZEROLO'iUNel
MINIMUM LOT AREA
2,250 S.F.
2,250 S.F.
MINIMUM LOT WIDTH
40 FEET See Figure 1
25 FEET SOil filjure 1
MINIMUM FLOOR AREA
1,000 S.F
1 ,000 S.F
MIN FRONT YARD
20 FEET 51111 R'i)urll 1
20 FEET S06 Figure i
MIN SIDE YARD
6 FEET See Figure 1
o FEET or
6 FEET SOU Flgurll 1
1.s FEET 5118 FIgurE! .
MIN REAR YARD
,.5 FEET See fJ:'dura 1
MIN PRESERVE SETBACK
25 FEET
25 FEET
MIN. DISTANCE BETWEEN
STRUCTURES
I MAX. ZONED BUILDING
~J.GHT NOT TO EXCEED
li~CCESSORY STRUCTU~E~ ..
I. "" FRONT '
SIDE
1 2 FEET See N"te 3 &. Figure 1
1 2 FEET Sell Not.. 3 & Figure 1
25 FEET
25 FEET
REAR (ATTACHED)
__(DETACHED)
PRESERVE SETBACK
S.P.S.
~.-- -
S.P.S. S.P.S.
,-
5 FEET 5 FEET
5 FEET 5 FEET
1 0 FEET '0 FEET
1 5 FEET , 2 FEET
25 FEET 25 FEET
MINIMUM DISTANCE
BETWEEN STRUCTURES
MAX. ZONED BUILDING
HEIGHT NOT TO EXCEED
S.P.S. = Same as Principal Stmetur"s
BH = Building Height
Apl}lication For Public Hearing For PUD Rezone 01/18/07
Notes:
t)
~,uenda Item 1'0, 17B
~ October 23, 2007
Page 72 of 92
StTuctUJ'CS proposed adjacent to a lake may have no setback fh)m tne lake maiutenance casement.
2)
No structure shall be permitted in the required 20 foot lake maintenance casement.
3)
V/herc a detached singleMfamily unit is proposed adjacent to an nttached single-family dwelling Slluctul'e, a
minimum 12 foot building separation shall be maintained, (Please see to Figure 1 below).
4)
Terraced setbacks arc permitted for residential stlUctures that have un exterior waU associated with a side
yard that is of a lesser height than the noar above, provided that the exterior wall oftbe upper floor is
separated a minimum of ] 5 feet from the exterior wall of the floor below. Setbacks may be measured from
that ground floor exterior wall oflesser height (please ROe Figure 2 below).
Application ror Public Ilearing For PUD Rezone Ot/ISI07
PROPERlY
BOUNDARY.
GRAPHIC SCALE
25 50
~
-51) 0
~-~
- -
( IN FEE'!' )
1 inch = 50 If..
--
12' MIN.
6' MIN.
25'
'"
28'
(TYP.)
]1;[
':!
..
\2'
MIN.
6' MIN.
"
l3
.
40' MIN.
6' MIl''''
~~
ATTACHED & DETACHED
SINGLE-FAMILY
LAKE
25'
MIN,
-
25'. MIN.
6' MIN.
ATTACHED SINGLE-FAMILY
'Iw
~~
c_
2 B~
(IYP,)
.
.
Figure 1
Application Far Public Hearing For PUD Rezone 0 tl18/07
/'
~~
Agenda Item No. 176
October 23, 2007
Page 73 of 92
lYrE "S"'
, 5' 8UFFE:~
. MIN.
20' ",M.E.
f MI~,
PRof'CRTY
LlN!';
~
!'.ElbM:)(
IT]]
I:;'~IN_._".
--
~
-~
~~._~-
/'
o
~
o
IT]]
Figure 2
I RECREATION AREA DEVELOPMENT STANDARDS
Agenda item No, 17B
October 23, 2007
Page 74 of 92
o ~-
~~ ,-,
o
[]] 0
Applicalion For Public I-Iearing Par 1'00 Rezone 01/18/07
A. There shall be a minimum of a 20 foot separation between all above-ground (i.e.: greater than 30 inches
abovc finished grade) recreational facHities(s) fTOm any residential unit.
EXHIBIT C
RPUD MASTER PLAN
! i I ~mllm!!I!i!!;!lmm ~ I, !Hil!i! I! i! Ii ~ i!!ll
i II! 1:111illll!1 !!l!!f mil! i ~ 1':1 ji i !! IIlI1 Ii
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Application For Public Hel:lring For PUD Rezone 01/18/07
Agenda Item No, 178
October 23, 2007
Page 75 of 92
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Agenda Item No, 1iB
October 23,2007
Page 76 of 92
EXHIBIT D
LEGAL DESCRIPTION
THE WEST 1980 FEET OF THE SOUTH 20% OF THE NORTH '/, OF THE SOUTHEAST V" EXCEPTING THE WEST
1814.B5 FEET THEREOF, AND THE WEST 1980 FEET OF THE NORTH 33 FEET OF THE SOUTH y, OF THE SOUTHEAST
1/4 , EXCEPTING THE WEST 18 t 4.85 FEET THEREOF, ALL IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA.
ALSO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,
COMMENCING AT THE EAST V, CORNER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA;
THENCE ALONG THE EAST LINE OF SAID SECTION 26, S02'18'34"E FOR 668.96 FEET TO THE POINT OF
BEGINNING OF A PARCEL DESCRIBED HEREIN;
THENCE CONTINUING ALONG SAID EAST LINE, S02'1 B'34" E FOR 668.96 FEET TO THE NORTH LINE OF THE
SOUTH ';' OF THE SOUTHEAST y, OF SAID SECTION 26;
THENCE DEPARTING SAID EAST LINE AND ALONG SAID NORTH LINE OF 1HE SOUTH V, OF THE SOUTHEAST V"
S89'59'17" W FOR 660.Bl FEET TO THE WEST LINE OF THE EAST '/, OF THE EAST V, OF THE SOUTHEAST ';" OF
SAID SECTION 26,
THENCE DEPARTING SAID NORTH LINE OF THE SOUTH ';' OF THE SOUTHEAST ';" AND ALONG SAID WEST LINE OF
THE EAST V, OF THE EAST V, OF THE SOUTHEAST V" S02' 16'03" E FOR 33,03 FEET TO THE SOUTH LINE OF THE
NORTH 33.00 FEET OF THE SOUTH V, OF THE SOUTHEAST '/, OF SID SECTION 26,
THENCE DEPARTING SAID WEST LINE OF THE EAST ';' OF THE EAST V, OF THE SOUTHEAST ';" AND ALONG SAID
SOUTH LINE SOUTH LINE OF THE NORTH 33.00 FEET Of THE SOUTH V, OF THE SOUTHEAST 1/4, S80'59'17"W
FOR 166.16 FEET TO THE EAST LINE OF THE WEST 1814.85 FEET OF THE SOUTHEAST '/4 OF SAID SECTION 26,
THENCE DEPARTING SAID SOUTH LINE OF THE NORTH 33.00 FEET OF THE SOUTH V, OF THE SOUTHEAST '/, AND
ALONG SAID EAST LINE OF THE WEST 18 14.B5 FEET OF THE SOUTHEAST ';." N02'17'02"W FOR 300.80 TO THE
PLATTED SOUTH LINE OF CRYSTAL LAKE RV RESORT PHASE FOUR,
THENCE DEPARTING SAID EAST LINE OF THE WEST \814.85 FEET OF THE SOUTHEAST V, AND ALONG SAID
PLATTED SOUTH LINE OF CRYSTAL LAKE RV RESORT PHASE FOUR, NB9"29'26"E FOR 166.24 FEET TO THE
SOUTHEAST CORNER OF CRYSTAL LAKE RV RESOln PHASE FOUR,
THENCE DEPARTING SAID SOUTH LINE OF CRYSTAL LAKE RV RESORT PHASE FOUR AND ALONG THE EAST LINE OF
CRYSTAL LAKE RV RESORT PHASE FOUR, N02'18'52"E FOR 401.27 FEET TO THE NORTH LINE OF THE SOUTH V, OF
THE EAST '/, OF THE NORTHEAST '/, OF THE SOUT,IEAST 'I, OF SAID SECTION 26,
THENCE DEPARTING SAID EAST L11-<E OF CRYSTAL LAKE RV RESORT PHASE FOUR AND ALONG SAID NORTH LINE
OF THo SOUTH \1, OF THE EAST '/2 OF THE NORTHEAST 'I, OF THE SOUTHEAST V"~ N89'59'40"E FOR 660.66 FEET
TO THE PONT OF BEGII'iI,ING OF A P ARCE, HERE DESCRIBED.
CONTAINING 11,2 ACRES, MORE OR LESS.
Application For Public Hearing For PUD Rezone Ol/l8/07
EXHIBIT E
LIST OF REQUESTED DEVIATIONS FROM lDC
Agenda Item No, 17B
October 23. 2007
Page 77 of 92
Deviation #1 secks relief from LDC Section 6,06.0 I (0)., for "cnl-de-sac and local streets, and LDC Appendix B,
(Section III P .5, of the proposed Construction Standards Manual intended to be adopted as part of the Connty's
Administrative Code), that requires 60 fect, to allow 50 feet. A 50-foot right. of-way shall be permitted in this RPUD
to provide for flexibility in development design, subject to providing easements fOl' required utilities generally
parallel to the right-of-way. This is a reasonable devi.tionthat has becn implemented in subdivisions throughout the
County, and does not compromise health, safety, and welfare issues related to civil engineering design.
All platted project streets shall have a minimum 50-foot right-of-way. A deviation from subsection
6.06,01(0) of the LDC, for cul-de-sac and local streets, LDC Appendix B-2 and B-3 for cui-dc-sac and
local sll'cets respectively, and Section Ill, Exhibit HA", Design Requirements for Subdivisions C.13.e. oflhe
Administrative Code for Collier County Consb'uction Standards Manuat adopted through Ordinance No.
2004-66, which requires 60 feet, to allow 50 feet. (See Exhibit C, RPUD Master Plan). The internal project
streets shall be private, and shall be classified as local streets.
Deviation #2 seeks relief from LDC Sub-section 5.03,02.C.1.that requires fences to be no greater than six feet in
height. The pl'Oject will be directly adjacent to a roadway proposed to be inlproved as a minor collector facility that
may have compatibility issues related to noise associated with passing traffic. In an eff0l1 to provide noise
abatement oppOl1Unities beyond what is provided for by the LDC, a fence height greater than six feet is provided for
by this RPUD (Please see cross-section A-A and B-B below).
Deviation #3 seeks reiief from LDC Sub-sections 5.03.02.A.9. and 5.03,02,B. that reqnires fences to be measmed
from the existing grade, to allow fences ffild walls to be mcasw'ed fi'Oln finished grade. A combination ofthe small
parcel size and the proposed improvements to Woodcrest Drive provides for a smooth interface of the RPUD
property's perimeter water management impotmdment, and the land alterations associated with the proposed minor
collector roadway. Reference should be made to cross-sections B-B and C-C on Sheet 4 of the RPUD Plans Set,
Fence or wall maximum height: S feet, A deviation Ii-om LDC Subsection 5.03.02.C.1., to allow a
fence/wall greater than 6 feet. Fence or wall height shall be measured from the finished grade of the ground
at the base of the fence or wall, A de,'lation from Subsection 5,03,02.A.9., and Subsection 5.03.02.B. to
allow fCllcc/wall height to be measured [rom finished grade rather than existing grade. For the pill"pose of
this provision, finished grade shall be considered no f:,'Tcatcr than 18 inches above the crown elevation of the
nearest existing road, unless the f<.::ncc. or wall is constructed on a perimeter landscape berm. In these cases,
the fence 01' wall shall not exceed 7 feet in height from the top of berm elevation with an average side slope
of greater tllan 3: 1. (Please see cross-section A-A and B-B below).
Deviation #4 seeks relief, ifnecJcd, from LDC Section 6.0G.Ol.J., and Section Ill, Exhibit A, Design Requirements
for Subdivisions C.13.t of the Administrativl: Code for Collier CountY Construction Standards Manual adopted
tln'ough Ordinance No, 2004-66, that prohibits dead.end slreeL,/eul-de-sacs fi'om being bry<eater than lOOO feel in
length, The affordable housing development dcsign may require cuI-dc-sac streets to be in excess of j 000 feet in
length to provide for stonnwater management facilities, and provide for sufficient area to achieve: the desired nwnber
of units. This deviation will only be utilized where necessal)', and was suggested by the Collier County Planning
Commission during their September 20, 2007 public hearing 011 this RPUD Petition.
Dead-end/cul-de-sac sLTeets may cxcecd 1000 feet in length as may be needed.
Application For Public Hearing For PUD Rezone 0111&/07
Agenda item No, 178
October 23, 2007
I Page 78 of 92
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Application For Public Hearing For PUD Rezone 01/18/07
EXHIBIT F
LIST OF DEVELOPER COMMITMENTS
Agenda Item No, 176
October 23. 2007
Page 79 of 92
The development of this RPUD shalt be suhject to and govemed by the following conditions:
PLANNING
A. The developer of the Summit Lakes RPUD, immediately north of the Habitat- W oodcrest RPUD will
provide access via an encumbered portion of W oodcrest Drive, as well as limited acceptance of "treatedU
storm water, and connections for potable water and sanitmy sewer utilities to service the residential
subdivision. Cornrnitmcnts for the provision of accl':SS and infrastructure have been fonnalized in a
"Development Assistance and Easement Agreement",
B. The developer shall install playground equipment in Tract "RA" consistent with the Habitat For Humanity
Typical Playground Equipment graphic located on Exhibit C, RPUD Master Plan.
TRANSPORTATION
A. All traffic control devices, signs, pavement marking, and design criteria shall be ill accordance with lhe
Florida Department of Transportation (FOOT) Manual ofUnifOlm Minimum Standards (MUMS), current
edition, FOOT Design Standards, current edirion, and the Manual On UnifOlm Traffic Control Devices
(MUTCD), current edition.
B. AlteriaI-Icvcl so'Cct lighting shall be provided at all access points, Access lighting shall be in place prior to
the issuance of the final certificate of occupancy (CO),
C. Access points shown on the RPUD Master Plan are coosidered to be conceptual. Nothing depicted on any
such Master pt.n shall vcst any right of access at any specific point atong any property boundary. Thc
number of access points constructed may be less than the number depicted on the Master Plan; however, no
additionai access points shall be considered unless a PUD amendment is approved.
D. Site related improvements (as opposed to system related improvements) necessary for safe ingress and
egress to this project, as dctermined by Collier County, ,hall not be eligible for impact rec credits, All
required improvements shall be in place and available to the public prior to commencement of on-site
construction.
E. Nothing in any development order (DO) shall vest a right of access in exccss of a right-in/right-out
condition at any aCr.;css point. Neither shall the existence of a point of ingress} a point of egress, a median
opening, nor the lack theroof) he the basis for any future cause of action for damages against the: County by
. tbe developer, its succes.sOl" in title, or assignee. Collier County reserves the right to close any medh1n
opening existing at any tirnc which is found to be adverse to the he.alth~ safety, and welfare Dr the public.
Any such modificatlons shall be based (Jnl but not limited to, safety l operational circulation, and roadwuy
capacity.
F. If any required tum lane improvement requires the use of any existing County rights~of-way or easement,
then compensating right-or-way shall be provided at no cost to Collier County as a consequerlee of such
impl'ovement(s) upon final approval nfthe turn lalle design durlllg tne first suhsequent development order.
The typical cross section may not differ from the existing roadway unless approved, in writing, by the
Transportation Division Adminish'ator or his designee.
G. If, in the sole opinion of Collier COlUIty, traffic signal(s), other traffic control devices, signs, pavement
marking improvements within a public right~ of- way or easements, or sitc rclated improvements (as
opposed to systcm related improvements) neces.sary for safe ingress and egress to this project, as
determined by Collier County, arc determined to be necessary, the cost of such llnpl'OVement shall be the
I'csporlsibility of the developer, its successors 01' assigns. The improvements shall he paid for or installed, at
the County's discretion, prior to the issuance of appropriate CO.
Application For Public Hearing For PUD Rezone 01118/07
"
Agenda Item No, 178
October 23, 2007
Page 80 of 92
WATER MANAGEMENT
A storm water drainage main shall be provided by Watcnvays Joint Venture V in accordance with the
Developer Assistance and Easement Agreement.
UTILITIES
A, Utility facilities shall be provided by Watelways Joint Venture V in accordance with the Developer
A!isisHlncc and Easement Agreement.
B. The Habitat~WoCJdcre!it RPUD Utility facilities (Le.: potable water service and sanitary sewer conveyance
shall be interconnected with those ntility facilities that arc in the Woodcrest Drive Right-of-Way.
Additional utilities easements shall be provided to make such connections. if necessary.
ENVIRONMENTAL
A. The developer shall remove contaminated soil from around "Soil Boring 811 as referenced and depicted in
the Report of Phase II Environmental Site Assessment, prepared by Forge Engineering, Inc., dated May
2007. The contaminated soil removal shall actively be pursued and authorized by the Florida Department
of EnvironmentaJ Protection, Such soits shall be disposed of at a solid waste facility that is pennitted to
accept such material. The disposal documentation shall be provided prior to approval of the subdivision
plat l after zoning approval.
B. IJ'I'igation wells shall be prohibited.
C. A minimum of 1,68 acres (15% ofthc native vegetation on site) shall be required to be retained or
replanted,
D. The cxi~ting access easements located \vithin the Preserve Tract shan be vacated prior to approval of the
subdivision plat. . ,
Application For Public Hearing FDr PUD Rezone 01/18/07
Agenda Item No. 17B
October 23, 2007
Page 81 of 92
ORDINANCE NO, 07-_
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE
NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LA;ID
DEVELOPMENT CODE, WIDCH INCLUDES THE
COMPREI-IENSNE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COlLIER COUNTY, FLORIDA, BY
AMENDING HIE APPROPRIATE ZOl\'ING ATLAS MAP OR MAPS
BY CHANG1'lG THE ZONING CLASSJFICATlON OF TIlE HEREIN
DESCRIEDD REAL PROPERTY PROM THE AGRICULTURAL (A)
ZONING DISTRICT TO A RESIDENTIAL PLAN.NED UNIT
DEVELOPMENT (RPUD) ZONING DISTRICT TO BE KNOWN AS
TIlE HABITAT WOODCREST RPUD TO ALLOW FOR A MAXIMUM
66 RESIDENTIAL Ul\TI'S, FOR PROPERTY LOCATED ON THE
WEST SIDE OF WOOD CREST DRIVE, SOUTH OP lMMOKALEE
ROAD (C.R. 846), AND NORTH OF ACREMAKER ROAD, IN
SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, PLORIDA; CONSIS'11NG OF 11.2" ACRES AND BY
PROVIDING AN EFFECTIVE DATE,
WHEREAS, Dwight Nadeau of RW A, Inc., representing Habitat for Humanity of Collier
County, Inc., petitioned the Board of County Commissioners to change the zoning dasl)ification
of the herein described real propelty.
NOW, THEREFORE, BE IT ORDAINED BY nIE BOARD OF COUNTY
COMMISSIONERS or COLLIER COUNTY. FLORlDA that:
SECTION ONE:
The zoning cla:o:.sification of the herein described real propClty located in Section 26,
Township 48 SOllfh, Range 26 East, Collier County, Florida, is chang<::d [rom an Agricultural (A)
Zoning ni.<:rrict., to a Residential PlAnned Onit Development (RP1JD) to he known as H,lbilal
Woodcre::;t HPUD, in accordance \vith Exhibits A through r Ilttached hereto and inC01pOnlted
herein, and by reference, mnde pmt hereof. The appropriQte zoning atlas map Dr maps, as
described in Ordinance Number 04.-41, as arncmled, the Collier County Land Development
Codes, is/are. bereby llmendcd accordingly_
SECTION TWO:,
This Ordinance shall become effective upon filing with the FloI'ldfl. Depmtmcnl of SlaLe,
PASSED AND DULY ADOPTED by super-majority vote hy the Board of County
Commissioners of Collier County, Florida, this_
day of
,2007,
ATTEST:
DWIGHT E, BROCK, CLERK
BOARD OF COI iNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
l3y:
JAMES COLETTA, ClIAIRMAN
Approved as to form and
legal sufficiency
--rYlfM-.n,w;yn'-~-fAd2..rAZ- fJtr4
. -~tir M. Student-Stil'ling
Afisifitant County Attorney
EXHIBIT A
Agenda Item No, 178
OctCJber 23, 2007
Page 82 of 92
PHOJECT LAND USE TRACTS
TRACT "R"
TYPE
RESlDENTtAL
IJNTTS/l'T
66
ACRljAQE:I:
9.33
TRACT "RA"
RECREA nON AREA
o
0,19
TRACT "P"
PRESERVE
o
1.68
I TRACT R - PERMITTED USES:
No building or structure, OJ' part thcr~of, c;hall be erected, altered or used, or land used, in whole or in
part, for other than the following:
A. Principal Uses:
I, Single-family detached dwellings;
2. Single~family attached dwellings int.ended for fee simple conveyance including the
platted lot associated with the residence.
3, Any other principal use which is comparable in nature with the foregoing list of
permitted principal uses, as detcl'mined by the BoaI'd of Zoning Appeals ("HZA") by the
process oull incd in the LDC.
B, Accessory Uses:
1. Custommy accessory uses and structures including, but not limited to, private garages,
swimming pools with, or without screened enclOS\lreS, and other outdoor recreation
facilities.
II TRACT RA - PERMITTED USES:
No building or stl1lchlre or part thereof, shall be er:;clcd altered or used, or land used, in \vno1c or in
part, for other thun the following:
A. Principal Uses:
1. Facilhh.:,,-; intended to accommodate outdoor sucial and recreational activities;
2, Outdoor recreation facilities, such as playground improvements/facilities (including
playground equipment that confonns to appiicablc safety protocnls.
3. AllY other principal use which is comparable in nature with the foregoing list of
permitted principal uses, as determined by the Board of Zoning Appeats ("BZA") by the
proc.ess Olltlined in the LOC.
III REGULA nONS FOR DEVELOPMENT:
Regulations for develDpment of this project shall be in accordance with the contents ufthis ordinance
and other sections and pmis orthe Land Development Coue and Growth Management Plan in effect at
the time of site development plan, subdivision plat, or any other Iype of approval to which those
regulations apply.
Applic<ltion For Puhlic !leflring For PUD Rezone OI/IFo/O?
Agenda Item No. 17B
October 23, 2007
Page 83 of 92
EXHIBIT B
TABLE I
RESIDENTIAL DEVELOPMENT STANDARDS
Tabte I below sets fortil the development standards for land uses within the RPUD Residentia] Subdistrict.
Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect os of
the date of approval of the SDP or Subdivision plat.
GENERAL: Except as provided for herein, al] criteria set fOlth below shall be understood to be in relation to
individual parcel or lot boundary lines, 01' between structures. Homeowners' association boundaries shall not be
utilized for determining development standards.
~I,.QPMENT STANDARDS [-'SINGLE FAMILY DETACHED
I SINGLE FAMILY ATTACHED ZERO LOT tiNE I
-- --.-
PRINCIPAL STRUCTURES
-..- .
MINIMUM lOT AREA 2,250 S.F. 2,250 S,F.
----
MINIMUM lOT WIDTH 40 FEET See Fh;jlure 1 25 FEET See Figure I
--,--.."---
MINIMUM FLOOR AREA 1,000 S.F 1,000 S.F
-... --
MtN FRONT YARD 20 FEETStlufigurEll 20 FEET S"'e Figure 1
-- , -'
MIN SIDE YARD 6 FEET Sac Figure 1 o FEET or
6 FEET See Fluure t
-,
MIN REAR YARD 1 5 FEET Sfl(l Figuro I 1 5 FEET See Figure I
--.,
MIN PRESERVE SETBACK 25 FEET 25 FEET
- .-----
MIN. DISTANCE BETWEEN 1 2 FEET See Nole 3 & Figure 1 1 2 FEET 56" NOle 3. 8. Flguro I
STRUCTURES
MAX. ZONED BUILDING 25 FEET 25 FEET
I1EIGHT NOT TO EXCEED ~._- n_ __
R
---- - ---
SSORY STRUCTURES
- ---- -----
FRONT S.P.S.
- -----..--
SIDE S.P.S.
---- ---- ----
-EAR (ATTACI1ED) 5 FEET
(DETACHED) 5 FEET
RESERVE SETBACK 1 0 FEET
INIMUM DISTANCE 15 FEET
WEEN STRUCTURES -
X. ZONED BUilDING 25 FEET
HT NOT TO EXCEED
S,P.S.
-=1
--1
ACCE
S.P.S.
P
5 FEET
5 FEET
10 FEET
M
BET
MA
I1EIG
1 2 FEET
25 FEET
S,P.S. = Same as Principal Structures
BH ~ Building Height
Application For Public [-learing For PUD Rcz{me 01/18/07
Notes:
1)
Agenda Item No, 178
October 23, 2007
Page 84 of 92
Structures proposed adjacent to a lake may have no setback from the lake maintenance easement.
2)
No structure shall be permitted in the required 20 foot lake maintenance easement.
3)
Where a detached single-family unit is proposed adjacent to an attached single-family dwelling structure, a
minimum 12 foot building separation shall be maintained. (Please see to Figure] below).
4)
Terraced setbacks are pellllitted for residential structures that have an exterior wall associated with a side
yard that is of a lesser height than the floor above, provided that the exterior wall afthe upper floor is
separated a minimum of 15 feet [Tom the exterior wall of the floor below. Setbacks may be measured from
that ground floor exterior wall of lesser height (please see figure 2 below).
ApplicHtion For Pulllic Hearing For PUD RC7.0llc 0]/1 ~!07
PROPERTY
BOUNDARY
GRAPHIC SCALE
-50 0 ?_5 50
~~
( IN FEET )
inch <=: liD it.
12' M~N,
r\~ Ij{
1
12'
MIN.
~~
y'
6' MIN.
4l{._MIt-I,
6' MIN.
':!
...
..
ATTACHED & DETACHED
SINGLE-FAMILY
lAKE
G' MIN.
25' _
.~-
28'
(TYe,)
'3 vi -
urn,
~-'
o.
--
-.1~' MIN.
f- MoN.
6' M.l1i.
..
..
ATTACHED SINGLE-FAMILY
Figure 1
A!}plicatioll For Public Hearing For PUD Rezone 01/18/07
---
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Agenda Item No, 17B
October 23, 2007
Page 85 of 92
TYPE "s"
15' BUFFER
0' MIN.
20' L,M,E,
2' MIN.
/
Agenda Item No. 178
October 23, 2007
Page 86 of 92
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I RECREA nON AREA DEVELOPMENT STANDARDS
A. There shall be a minimum of a 20 foot separation between all abov~-ground (Le.: greater than 30 inches
ahovc finished grade) recreational facilities(s) from any residential unit.
Ap!llicatioll for Pnhlic Hearing Fol' PUD Rczom: 01/181O?
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RPUD MASTER PLAN
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October 23, 2007
Page 87 of 92
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Agenda Item No, 17B
October 23, 2007
Page 88 of 92
EXHIBIT D
LEGAL DESCRIPTION
THE WEST I 980 FEET OF THE SOUTH 20% OF THE NORTH V, OF THE SOUTHEAST V" EXCEPTING THE WEST
1814.85 FEET THEREOF, AND THE WEST 1980 FEET OF THE NORTH 33 FEET OF THE SOUTH V, OF THE SOUTHEAST
1/4 , EXCEPTING THE WEST 1814.85 FEET THEREOF, ALL IN SECTION 26, TOWNSI1IP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA.
ALSO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,
COMMENCING AT THE EAST '/, CORNER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA;
THENCE ALONG THE EAST LINE OF SAID SECTION 26, S02018'34"E FOR 668.96 FEET TO THE POINT OF
BEGINNING OF A PARCEL DESCRIBED HEREIN,
THENCE CONTINUING ALONG SAID EAST LINE, S02018'34" E FOR 668.96 FEET TO THE NORTH LINE OF THE
SOUTH V, OF THE SOUTHEAST '/, OF SAID SECTION 26;
THENCE DEPARTING SAID EAST LINE AND ALONG SAID NORTH LINE OF THE SOUTH ,/, OF THE SOUTHEAST 'I<,
S89059'17" W FOR 660.81 FEET TO THE WEST LINE OF THE EAST V, OF THE EAST ,/, OF THE SOUTHEAST '/, OF
SAID SECTION 26;
THENCE DEPARTING SAID NORTH LINE OF THE SOUTH V, OF THE SOUTHEAST '/, AND ALONG SAID WEST LINE OF
THE EAST V, OF THE EAST V, OF THE SOUTHEAST 'I"~ S02'16'03" E FOR 33.03 FEET TO THE SOUTH LINE OF THE
NORTH 33.00 FEET OF THE SOUTH ,/, OF THE SOUTHEAST If< OF SID SECTION 26;
THENCE DEPARTING SAID WEST LINE OF THE EAST V, OF THE EAST V, OF THE SOUTHEAST V, AND ALONG SAID
SOUTH LINE SOUTH 1II,E OF THE NORTH 33.00 FEET OF THE SOUTH V, OF THE SOUTHEAST 1/4, SBO'59'17"W
fOR 166.16 FEET TO THE EAST LINE OF THE WEST 1814.85 FEET OF THE SOUTHEAST '/, OF SAID SECTION 26;
THENCE DEPARTING SAID SOUTH LINE OF THE NORTH 33.00 FEET OF THE SOUTH V, OF THE SOUTHEAST 'I, AND
ALONG SAID EAST LINE OF THE WEST 1814.85 FEET OF THE SOUTHEAST 'I"~ N02'17'02"W FOR 300,80 TO THE
PLATTED SOUTH LINE OF CRYSTAL LAKE IN RESORT PHASE FOUR,
THENCE DEPARTING SAID EAST LINE OF THE WEST 1814,85 FEET OF THE SOUTHEAST V, AND ALONG SAID
PLATTED SOUTH LINE OF CRYSTAL LAKE RV RESORT PHASE FOUR, N89"29'26"E FOR 166.24 FEET TO THE
SOUTHEAST CORNER OF CRYSTAL lAKE RV RESORT PHASE fOUR;
THENCE DEPARTING SAID SOUTH LINE OF CRYSTAL LAKE RV RESORT PHASE FOUR AND ALONG THE EAST LINE OF
U"::TAL LAKE RV RESORT PHASE FOUR, N02' 18'52"E FOR 401,27 FEET TO THE NORTH LINE OF THE SOUTH '/, OF
THo ',~ST '/2 OF THE NORTHEAST 'I, OF THE SOUTHEAST '/, OF SAID SECTION 26,
THEIKE DEPARTING SAID EAST LINE OF CRYSTAL lAKE RV RESORT PHASE FOUR AND ALONG SAID NORTH LINE
OF THE SOUTH II, OF THE EAST 'h OF THE NORTHEIo,ST '/, OF THE SOUTHEAST '(~, N89'59'40"E FOR 660.66 FEET
TO THE POINT OF BEGINNING OF A PARCEL HERE DESCRIBED.
CONTAINING 11.2 ACRES, MORE OR LESS.
Applicalion For Public Hearing For PUD Rcz.oJ)e Oill R/07
Agenda Item No, 17B
October 23, 2007
Page 89 of 92
EXHIBIT E
LIST OF REQUESTED DEVIATIONS FROM LDC
Deviation #1 seeks relief from LDC Section 6,06,Ot(0)., for "cul-de-sac and tocal streets, aud LDC Appendix B,
(Section III P.5. of the proposed Construction Standards Manual intended to be adopted as pat1 of the County's
Administrative Code), that requires 60 feet, to allow 50 feet. A 50-foot rigbt-of-way shall be permitted in this RPUD
to provide fOl' flexibility in development designl subject to providing easements for required utilities generally
parallel to the right-of-way, This is a reasonable deviation that has been implemented in subdivisions throughout the
COUllty, and does not compromise healtb, safcty, and welfare issnes related to civil engineering dcsign.
All platted project streets shall have a minimum 50-foot right-of'way. A deviation from subsection
6.06.01(0) of the LDC, for cul.de-sac and local streets, LDC Appendix B-2 and 8-3 for cul-de-sac and
local streets respectively, and Section III, Exhibit "A", Design Reqnircments for Subdivisions C.13.e. of the
Administrative Code for Collier County Consn'uetion Standards Manual adopted through Ordinance No.
2004-66, which requircs 60 feet, to allow 50 feet, (See Exhibit C, RPUD Master Plan), The intemal project
stTeets shall be private, and shall be classified as local streets,
Deviation #2 seeks relief from L.DC Sub-section 5.03.02.C.] ,that requires fences to be no greater than six feet in
height. The project will bc directly adjacent to a roadway proposed to bc improved as a minor collector facility that
may have compatibility issues retated to noise a~sociated with passing trame. In an effort to provide noise
abatement opportunities beyond what is provided for by the LDC, a fence height greater than six feet is provided for
by this RPUD (Please see cross-section A-A and B-B below),
Deviation #3 seeks relief fi'OIn LDC Sub-sections 5.03,02.A.9, and 5,03.02.B. that requires fences to be measured
tl'Oln the existing grade, to allow fcnces and walls to be mcasured from finished grade. A combination of tlie small
parcel size and the proposed improvements to Woodcrest Drive provides for a smooth intelface of tlie RPUD
property's perimeter \vater management impoundmentl and the land alterations associated with the proposed minor
collector roadway, Reference should be made to cross-sections B-B and C-C on Sheet 4 of the RPUD Plans Set.
Fcnce 01' wall maximum hcight: 8 feet. A deviation from LDC Subsection 5,03,02,C.I., to allow a
fence/wall grcatcr than 6 feet. Fence or wall height shall be measured from the finished grade of the ground
atllie base of the fence or wall, A deviation from Subsection 5,03,02.A.9., and Subsection 5.03.02.8, to
allow fence/wall height to be mca~ul'e:d from finisllcd grade rather than existing grade. For the purpose of
this provLsioIlj finished grade shall be considered no greater than 18 inches above the crown elevation of the
nearest existing road, unless the fence or wall is constrLlcted on a perimctcr landscape belll1. In these cases,
the fence or wall shall not exceed 7 feet ill height from tb[; top of berm elevation with an avenige side slope
of greater than J;1. (Please see cross~sectiDn A-A and I3-B below).
Deviation ff4 seeks relief: if needed, (rom LDC ScctiOll 6.06.0 1.J., ond Section III, Exhibit A, Design Requirements
for Subdivisions C.13.f. of the Administrative Code for Collier County Constmction Standords Manual adopted
through Ordinance No, 2004-66, that prohibits dead-end ,treels/cul-do-sacs from being greater than 1000 feet in
length. The affordable housing development design may require culwde~sac streets 10 be in excess of lOOO feet in
length to provide foJ' stormwater management facilities, and provide for sufficient area to achieve the desired number
of units. This deviation will only be utilized \vhere necessary, and was suggested by the Collier County Planning
Commission during thejr September 20, 2007 public hearing on this RPUD Petition.
Dead-end/cul-dc-sac streets may exceed 1000 feet in length as may be needed,
AppliJ;nlion For Public Heuring foor PUD Rezone 011] B/07
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, October 23, 2007
Page 90 of 92
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Agenda Item No, 176
October 23, 2007
Page 91 of 92
EXHIBIT F
LIST OF DEVELOPER COMMITMENTS
The development ofthis RPUD shall be subject to <md governed by the following conditions:
PLANNING
A. The dcveloper shall install playground equipmcnt in Tract "RA" consistent with the Habitat For Humanity
Typical Playground Equipment graphic located on Exhibit C, RPUD Master Plan.
TRANSPORTATION
A. All traffic control devices, signs, pavement marking, and design criteria shall be in accordance with the
Fiorida Department of Transportation (FDOT) Manuai ofUnif01m Minimom Standards (MUMS), cunent
edition, FDOT Design Standards, current edition, and the Manual On UnifOlTI1 Traffic Control Devices
(MUTCD), current edition,
Fl. Arteriai-Ievel street lighting shall be provided at all access points. Access lighting shall be in place prior to
the issuance of the final certificate of occupancy (CO).
C, Access points shown on thc RPUU Mastel' Plan are considered to be conceptual. Nothing depicted on any
such Mastel' Plan shall vest any right or access at any specific point along any property boundary. The
number of access points constructed may be less than the number depicted on the Master Plan; however, no
additional access points shall be considered unless a PUD amendment is approved.
D, Sile related improvcmcnts (as opposed to system related improvements) necessary for safe ingress and
egtess to this project, as determined by Collier County, shall not be eligible for impact fee credits. At!
required improvements shall be in place and available to the public prior to commencement of on- site
construction.
E. Nothing in any development order (DO) shall vest a right of access in excess ofa I'ight-intright-out
condition at any access point. Neither ::;hall the existence ofa point of ingress, a point ofDgrc.ss, a median
opening, 110r the lack thereof: be the basis for any future cause of action for damages against the County by
the developer, its successor in title, or assignee. Collier County reserves the. right to close [lny median
opening existing at any time which is found to be adverse to the health, safety, and welfare of the public.
Any sl1ch modifications shall be based on, but not limited lo, safely, operational cin:ulalion~ and road\vay
capacity.
F. IC any required turn lane impl'Ovcment requires the use of any existing COlmty rights-of. way 0]' easement,
then cnmpcnsating right-or-way shall be provided at no cost to Collier County as a consequence of such
improvement(s) upon final approval ofthe turn lane design during the first subsequent development order.
The typical cross section may not differ from the existing roadway unless approved, in writing, by tho
TranSpOliation Division Administrator or his designee.
G. If, in the sole opinion or Collier County, traffic signal(s), other traffic conh'ol devices, signs, pavement
marking improvements within a public right- of. way or easements, or site related improvements (as
opposed to system related improvements) necessary for safe ingress and egress to this project, as
determined by Collier County, are detennined to be necessary, tlle cost of such improvemcnt shull be the
responsibility of the deve]oper~ its :mccessors or assigns. The improvements shall be paid for 01' installed, at
the County's discretion, prior to the issuance of appropriate CO.
Applica[i{lll!;or Public Hearing For PUD RelUlle 01/18/07
Agenda Item No. 178
October 23, 2007
Page 92 of 92
WATER MANAGEMENT
A storm water drainage main shall be provided by Waterways Joint Venture V in accordance with the
Developer Assistance and Easement Agreement.
UTlLlTlKS
A. Utility facilities shall be provided by Waterways Joint Venture V in accordance with the Developc,'
Assistance and Easement Agreement.
n. Thc Habitat-Woodcrest RPlJD utility facilities (i.e.: potable water service and sanitary sewer) shall be
interconnected with those utility facilitics that are located within the Woodcrc3t Drive right-of-way.
Additional utility easements shall be provided to make such cOlmections, if necessary.
ENVIRONMENTAL
A. Thc dcveloper shall remove contaminated soil from around "Soil Boring 8" as referenced and depicted in
the Report of Phase II Environmental Site Assessment, prepared by forge Engineering, Inc., dated May
2007. The contaminatcd 30il removat shall actively be pursued and authorized hy the Florida Depmtment
of Environmental Protection. Such soils shall he disposed of at a soiid waste facility that is pennitted to
accept such material. The disposal documentation shall be provided prior to approval of the subdivision
plat. after zoning approval.
B, Irrigation wells shall be prohibited,
C. A minimum of 1.68 acres (15% of the native vegetation on site) shall be required to be retained or
replanted,
D. The existing access easements located within the Preserve Tract shall be vacated prior 10 approval of the
subdivision pial.
Application For Public H",lIring For rUD Re7.one 01/18/07
Agenda Item No. 17e
October 23, 2007
Page 1 of 10
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners authorize the Human
Resources Department to amend the Collier County Fingerprinting Ordinance No.
04-52 to require fingerprinting for all Collier County employees and certain
County contract employees as defined by !i 125.5801, Florida Statutes.
OBJECTIVE: To obtain approval from the Board of County Commissioners to authorize the
Human Resources Department to amend the Collier County Fingerprinting Ordinance No, 04-52
to require fingerprinting for all Collier County employees and certain County contract employees
as defined by S 125,5801, Florida Statutes,
CONSIDERATIONS: S 125.5801, Fla. Stat. (2006) authorizes the Board of County
Commissioners to mandate state and federal criminal history record checks for positions of
employment, and certain contract positions, deemed critical to security or public safety, The
Human Resources Department believes that all county employment positions are critical to
security or public safety and recommends that the Board of County Commissioners make this
finding in compliance with the statute, County employees are entrusted to provide the best
services for our residents, who count on the staff to serve them in a fair, respectful, efficient and
ethical manner. All of our employees have the opportunity to directly or indirectly impact our
constituents during the course of their work, with many having daily contact with the public, The
changes being proposed ensure consistent screening throughout the agency, ensure the hiring
and retention of dedicated and professional government employees and instill confidence in the
community.
Human Resources proposes amending Collier County Ordinance No, 04-52 to require state and
federal criminal history record checks for all applicants, current employees and contract workers
through fingerprinting these individuals. Further, Human Resources recommends additional
protections for county employees by re-fingerprinting all employees every five years as provided
for in Ch, 1012, Florida Statutes, which is mandated for school board employees,
The Facilities Department will conduct all fingerprinting, Human Resources will review all
reports which generate results, The reports will be reviewed with the applicant, employee or
contract employee for accuracy. The County will use the information to determine an
applicant's eligibility for employment or to determine a current employees' eligibility for
continued employment.
FISCAL IMPACT: There will be fiscal impact associated with this fingerprinting procedure of
$16,500 per year, with costs budgeted for payment by the Department of Human Resources. A
portion of the fiscal impact will be off-set by a reduction in processing electronic background
checks.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary,
RECOMMENDATION: That the Board of County Commissioners' authorize Human
Resources to amend the Collier County Fingerprinting Ordinance No, 04-52 to require
Agenda Item No, 17C
October 23,2007
Page 2 of 10
fingerprinting for all Collier County employees and certain County contract employees as
defined by S 125,5801, Florida Statutes.
PREPARED BY:
Jean Merritt, Director, Human Resources
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Agenda Item No, He
October 23, 2007
Page 3 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
17C
Meeting Date:
Recommendation that the Board of County Commissioners authorize the Human Resources
Department to amend the Collier County Fingerprinting Ordinance No. 04-52 to require
fingerprll1ting for all Collier County employees and certain County contract employees as
defined by 125580'1 F:lorida Statutes
10/23/20079:00:00 AM
Item Summary:
Prepared 8)'
Jean Merritt
Human Resources Director
Date
Administrative Services
Human Resources
91241200710:26:37 AM
Approved B)'
Scott R. Teach
Assistant County Attorney
Date
Call1lty Attorney
County Attorney Office
9/25120079:31 AM
Approved By
Jean Merritt
Human Resources Director
Date
Administrative Services
Human Resources
9127/200710:56 AM
Approved By
Len Golden Price
Administrative Services Administrator
Date
Administrative Services
Administrative Services Admin.
9f271200711:49 AM
AI)I)roved By
OMB Coordinator
Applications Analyst
Date
Administrative Services
Information Technology
9f28/2007 8:28 AM
Apl)roved By
Laura Davisson
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Bll(t~l€'t
10f1/200110:35 AM
AI)proved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Manaqement & Budget
10f1/200712:24PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
10/1120071:18 PM
Agenda Item No. 17C
October 23,2007
Page 4 of 10
ORDINANCE NO. 2007-
AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE 04.
52, PURSUANT TO SECTION 125.5801, FLORIDA STATUTES, MANDATING STATE
AND FEDERAL CRIMINAL HISTORY RECORD CHECKS FOR ALL POSITIONS OF
EMPLOYMENT IN COLLIER COUNTY OR BY OUTSIDE CONTRACTORS OR
VENDORS; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND
ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Section 125,5801. Florida Statutes, (2006), authorizes the Board of
County Commissioners to adopt this Ordinance to mandate state and federal criminal
history records checks for applicants for employment in positions of employment
deemed by the Board to be critical to security or to public safety; and
WHEREAS, the Collier County Board of Commissioners deems that all County
employees and positions are critical to security or to public safety; and
WHEREAS, Collier County employees are placed in positions of trust and positions
which require them to interact with citizens, visitors and vendors in Collier County, and
as such all Collier County employees are in positions deemed critical to security or
public safety; and
WHEREAS, these criminal history records checks can apply to private individual
contractors, employees or other representatives of contractors including vendors, repair
persons, or delivery persons, any of whom are deemed by the Board to be critical with
regard to security or to public safety, including concerns with regard to any such Collier
County owned or operated building or facility andtor school board building and parks;
and
WHEREAS, these criminal history records checks include having the applicant,
employee, private individual contractors, employees or other representatives of
contractors including vendors, repair persons, or delivery persons fingerprinted and
submitting the individual's fingerprints to the Florida Department of Law Enforcement
(for a state criminal background check) and to the Federal Bureau of Investigation for a
nationai criminal history records check; and
WHEREAS, the information obtained from the criminal history records checks will
be used to determine the respective individual's eligibility for employment and continued
employment by the County or by any contractor with whom that County might contract;
and
Parrc 1~6
Agenda Item No, 17C
October 23, 2007
Page 5 of 10
WHEREAS, each individual applying for County employment, or who is then
employed by the County, in any position then deemed by this Ordinance (or Board
Resolution adopted pursuant to this Ordinance) to be critical to security or to public
safety, can be denied employment (or if already employed, such employment can be
terminated), if the individual has been or is convicted of any felony or any misdemeanor
of the first degree, and the conviction need not be related to the respective position of
employment or appointment.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO THE CODE OF LAWS AND ORDINANCES.
A-flew-~ection 2-66 of the Collier County Code of Laws and Ordinances (in Article III of
Chapter 2) is hereby amended Gf8aIeQ to read as follows:
Sec. 2-66, Criminal History Record Checks Applicabte to Individuals Employed in
Positions of Employment Deemed by the Board of County Commissioners to be Critical
to Security or Public Safety.
(a) Each Collier Countv emoiovee and "position of employment" IiEtes selElVl
(aRIl ether ~eGitieRs aG FRay ee aSBellte thiG OrsinanGe ey FleEElI"tiElRS ef the BElarll ef
Ce"Rty CeFRFRisGianers) is deemed to be critical to security or pubiic safety. ~
~"'!leseE af thiE Orllinanso, "FaGility" inEI"llas "e"illlinij" aRs "Ca"Rty" insi"lles aasR
S"B~aFl sf Cslliar Ca"nfy, iRsl"llinij the Csllier Ce"nty "i'!leR .""thElAly aRa tha Cellier
Cral:lAt'l '.^/ater Sewer QistriGt.
JQl."Position of employment" is not limited to true employees, but shall be liberally
construed to include each individual who is "appointed" to the position; and also
includes each individual who, because of his/her reiation to an entity that has entered
into a contract with the County, who, because of that relationship, will be afforded any
opportunity to be a risk to security or to public safety, such as, but not limited to, each
individual who, with or without authorization, could gain physical access to any place
(restricted access iocation) where SUGh individual could poison or otherwise
contaminate any potable water that might be supplied by the County, or by the Collier
County Water-Sewer District, to any consumer or end-user; or who, because of such
relationship, could physically harm or destroy any functionality of any potable water
Paee 2J}[6
Agenda Item No, 17e
October 23, 2007
Page 6 of 10
facility owned or controlled by Coilier County or by said District; or who couid damage
or destroy any telecommunications system or major telecommunications facility or
computer system or network; and provided the individual will not aiways be subject to
continuous. direct and immediate supervision by at least one (1) individual who had
passed the background checks,
(1) Positions of Employment:
ta) All Collier Countv empiovees, applicants, and incumbents
(i) Jl.irl'lll'l Jl.lltl111rit}<: All pesilieAs eKsept AOGeYAI;A~ TeGAAiGiaA, CYsteA'ler
ServiGe RepreseAtative, Grants TeGAAisiaA, Fisoal Teshnioian, FiAaAGa '1aAa~er, aAa
etAar v'Aelly a~ministralive ~esilieA em~leyeas '''Ae ara Aal awtA8Fizaa aitAer te hava
physi8al aC8ess te Iha aimiaa ef aAY aiFpeR te....iAal 8yil~iA~ er te aA}' alilar aiFflaR
fBE:tristea area.
(ii) Sallllrlt}!l All ~asilieAs,
(iii)(iii) CallAty 8laff Per611AAel aAd Cemraste.s "'ltl1 /'..ea66 te aAY Sll611rl~'
Systllm: /111 iAaiviayai. 'IIAa ha',a aOGaos ta plaAs, blYa~FiAts ar athar raGaF<:ls rG~araiA~
IAa spaoifiss of aAY a"iotiAg ar ~"'pasaa sasyrity syslem.
(i',)(i...) CDES: Oirosler ef 8wilaiA~ Re...iew aAa PaFmitliAg.
(v)(',) I'a..llltlll6 ManagllmaAt: All pll.iliaAs aKoapt Fi.oal TaGAAiGiaR aRa Sa""iGa
Wfitef,
(vi)(vi) Risk Management: MaAa~ar af OsOypaliaAai Haallh & Safol;<; Safol,! EA~iAaer.
(...ii)(vii)
Flelll MaAagllmllAt:
Oira8ter; SypeFvioar of Flaot MaiAlaAaAoe;
Syparviser ef Flaet OparatieAs,
("iii) Inlllrmatilln TllBI1Alllllgy: Mana~ar af Natwerlc O~oralieAs; SaoYFi~1
AemiAictrat9r; M3.Aager 9f TelsS'emmldAisatisFls; Telesemrnl:lAisatieRE: .^,Aal'l&t.
(ix) Managamant and illagat: '1aAa~amaAt ana 8Ya~al Oireolar,
(x) CellAty MaAagar's Offi..ll: CeYAty MaRa~eF; [)apyly CaYRty MaRagar; Exasuti"e
I'.ssislant Ie tha Ceynly Managar. l'.ssiclaRt Ie IRe CaY"I)' MaRager, ana EKaowtive
Sesretary.
(Ki) Firs gist.iets: FiFa CR;of; "',..istaAt Fira CRief af Isla of Ca~Fi; lIaYlaAaAt,
~irefigRter; ^amiAistFative Sesret::uy.
(xii)(*ii)
,6R1BFgSRSY MeaiGal Servises: All ~esitjeAs.
Page 3.Q[6
Agenda Item No, 17e
October 23,2007
Page 7 of 10
(l<iv)(l<iii)
EiFR8rgeru;y MBRagemeRt: All ~9sjti9AS.
("i'/) Pa.ks & Rss.ssliIlR: Pa,k RaR~8r; Se~ier Pari. RaA~8'; Parl( RaA~8r
S~~efVisllr, ileasR aRa Water S~~e,iRt8Aae~t; prejest MaAa~er; SeRier Pr"jest
MaRa~er.
(ll\')(xv)
'!.'ater Department: All ~eE:itieAS:.
(~(i) TF8RSp9rtati9Ro Tr=af:fie 0J3Srati9AE EA\)iA9SFiAEI TesRAisiaA; TF3f:fis OJ:l9FatieA6
Direstor; Trallis O~eratieA. Prejest MaRager; T,allis O~e'alieRG Fiela S~~ep 'ioe,; Trallis
O~e'atieR. geAier fiela S~~ep;i.er; Traffis O~eratillRG Si~Ral TeGRRisiaA; Trallis
O~eralieAs SigAal Syslem ~let"'e,l, ER~iReer; TralliG O~eratieAs MaiRteRaRoe
S~esialisl; SeRier GIS AAalyst; aRa Tl'ans~eFlalieR ge~aFlmeRl's t' ~"aliss SestieR:
Cmw lease" SeAier Crew leaaer., E~~i~m8~t Ope,ater, lOr. E~~i~meRI O~8ralor,
Hea",! E~"i~meRt O~emter, ana Vegetatien MaAa~emeRt S"~efViser.
\>AAit-!.QLAddltional Posllions: -Each additional position or classification added to Ihis
subsection from lime-lo-Iime by Resolulion(s) of the Board.
(9)(2) Applicants: Each individual who submits an application to Collier County to be
considered for employment in aAY ef tRe lislea ~esiliens ef em~leymeRt shall be
fingerprinted, and those fingerprints shall be submitted to the Florida Department of Law
Enforcement (for a state criminal history records check) and also to the Federal Bureau
of Investigation for a national criminal history records check. The information obtained
from each respective criminal history record will be used to determine the applicant's
eligibility for employment (or continued employment) to the respective position, or, if
then employed, continued employment in any position that is required to successfully
pass the respective criminal history record checks.
(3) Procedure: The finqerprintinq shall be conducted bv the Collier Countv Facilities
Department. All emplpvees shall be re-finaerprinted everv five vears,
W@ Other positions of employment (or appointment) deemed by the Board of County
Commissioners to be critical to security or to public safety can be added to this
Ordinance by Resolution(s) adopted from time-to-time by the Board.
t<Il-!2l Contracts can mandate that each such position deemed to be critical to security
or public safety shall undergo these criminal history records checks, and information
obtained from, or as a result of, any such records check can be the sole basis to place
Page 4..QL6
Agenda Item No, 17G
October 23, 2007
Page 8 of 10
limitations on the places (locations) where such individuals shall be denied all physical
access at all times.
!elili) This Ordinance shall be liberally construed. This Ordinance does not affect any
law, any other ordinance, or any rule or reguiation related to criminal history records
checks except that pursuant to Section 125.5801 and subsection 112.011 (2)(c), Florida
Statutes, each individual applying for County employment (or who is then employed by
the County) in a position that is then deemed by this Ordinance (or resolution adopted
by the Board under this Ordinance) to be critical to security or to public safety, is not
protected by Section 112,011, Florida Statutes, and, therefore, such individual can be
denied employment (or if then already empioyed, the employment can be terminated) if
that individual has been or is convicted of any felony or any misdemeanor of the first
degree, whether or not the conviction is related to that employment.
SECTION TWO: CONFLICT AND SEVERABILITY.
In the event this Ordinance confiicts 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 portions.
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
This Ordinance shall be made a part of the Code of Laws and -Ordinances of Collier
County, Florida, as lHleW-Section 2-66. as amended, of that Code. The sections of the
Ordinance may be renumbered or relettered to accomplish that result, and the word
"Ordinance" may be changed to "Section," "Article" or any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Florida Department of State.
Pa2e 5-2f..6
Agenda Item No. 17C
October 23, 2007
Page 9 of 10
County, Florida, this
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
ATTEST:
Dwight E. Brock, Clerk
By:
Deputy Clerk
Approved as to form and
legal sufficiency:
By:
Colleen M. Greene
Assistant County Attorney
day of
,200Z.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
JAMES COLETTA, Chairman
Pasre 6..Q[6
Agenda Item No. 17C
October 23, 2007
Page 10 of 10
Human Resources Department Fingerprinting Implementation Plan
Pending BCC approval of the Amended Collier County, Florida, Ordinance mandating state and
federal criminal history records checks for all positions in Collier County, and compliance with
Section 112.01 L Florida Statutes, the following fingerprinting implementation schedule is
recommended,
Each individual who submits an application to Collier County to be considered for employment,
or who is currently employed by the County shall be fingerprinted. Fingerprinting will be
conducted by the Collier County Facilities Department. All employees shall be re-fingerprinted
every five years. Those fingerprints shall be submitted to the Florida Department of Law
Enforcement for state criminal records checks, and also to the Federal Bureau of Investigation
for national criminal checks. The information obtained from each criminal history report will be
used to determine the applicant's eligibility for employment, or if currently employed, eligibility
for continued employment.
The Human Resources Department will review all reports that generate results.
The Collier County, Florida, Ordinance mandating state and federal criminal history records
checks provides that each individual applying for County employment, or current employee, can
be denied employment or employment may be terrninated, if the individual has been or is
convicted of any felony or any misdemeanor of the first degree.
Due to budget considerations, staffing limitations, and available equipment, the following
implementation scheduled is recommended:
. FYI 2008 (October I, 2007 to September 30. 2008), all new employees and 50
current employees not previously fingerprinted.
. FYI 2009 (October I, 2008 to September 30, 2009). all new employees and 250
current employees not previously fingerprinted.
. FYI 2010 (October I, 2009 to September 30. 2010), all new employees, 250
current employees not previously fingerprinted. and all employees scheduled for
five year re-fingerprinting.
. FYI 20 II (October I, 20 I 0 to September 30, 2011), all new employees, 250
current employees not previously fingerprinted. and all employees scheduled for
five year re-fingerprinting.
. FYI 2012 (October I, 20 II to September 30, 2012). all new employees, all
current employees not previously fingerprinted, and all employees scheduled for
five year re-fingerprinting.
All reports that generate results for current employees will be reviewed by the Human Resources
Department, and the background check results will be compared to the employment application
for any discrepancies, The current employees shall have an opportunity to review their
employment applications, together with the background check results, to clarify or correct any
apparent discrepancies.
Agenda Item No. 170
October 23, 2007
Page 1 of 19
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners adopt an ordinance to
amend Ordinance No. 2002-63, which established the Conservation Collier Program, for
the purpose of increasing efficiency and cost effectiveness and providing consistency
and clarification by revising Section Six: Creation of the Conservation Collier
Acquisition Fund; Section Eight: land Acquisition Advisory Committee; Section Ten:
Criteria for evaluation lands for acquisition and management; Section Eleven:
Acquisition List; Section Twelve: Nomination of acquisition proposals and candidate
sites; Section Thirteen: Procedure for selection of acquisition proposals and candidate
sites for placement on the Active Acquisition List and subsequent purchase
procedures; Section Fourteen: Management plans and use of environmentally sensitive
lands; Section Fifteen: Responsibilities of the County Manager; Providing for conflict
and severability; Providing for inclusion in Code of laws and Ordinances; and
providing for an effective date.
OBJECTIVE:
To request that the Board of County Commissioners (BCC) adopt an ordinance to amend the
Conservation Collier Ordinance, No, 2002-63, in order to increase efficiency, cost effectiveness and for
consistency and clarification purposes.
CONSIDERATION:
On December 3, 2002, the Board of County Commissioners approved Ordinance 2002-63, which
implements the Conservation Collier Land Acquisition Program. As the Conservation Collier Program
began its operations in 2003, staff noted that some of the procedural instructions, if followed literally,
created inefficiencies and appeared to be unworkable, A series of meetings with the Conservation
Collier Ordinance, Policy and Rules Subcommittee and several with the Conservation Collier Land
Acquisition Advisory Committee resulted in a number of proposed changes. The goal of the proposed
changes is to add efficiency, cost effectiveness, consistency, and clarity, but not to change the criteria,
purposes or goals of the Conservation Collier Program. The CCLAAC unanimously recommends the
proposed amendments. On September 11, 2007 at the regular meeting of the BCC (Agenda Item
10B), staff received BCC approval to advertise and bring forward the proposed changes at the October
23, 2007 BCC meeting. Request to advertise was delivered to the office of the Clerk of Courts, Minutes
and Records on October 1, 2007 for 1 O-day advertising.
Proposed changes are as follows:
Section 6
. Removes reference to Board Approval of purchases by resolution; adding "environmental
surveys" to disbursement authorization; properly naming title documents; adding Conservation
Collier Purchasing Policies; minor clarifications;
Section 8
. Makes minor clarifications;
Section 10
. Removes reference to need for partner funding to consider projects within another agency's
acquisition boundaries;
Section 11
Agenda Item No. 170
October 23. 2007
Page 2 of 19
o New language describes Active Acquisition List, specifically the A, B, and C categories;
o Makes minor clarifications;
Section 12
. Revises nomination procedure to allow the Advisory Committee to select specific locations
within the broad Target Protection Areas (TPAs) to send solicitation letters to.
o Identifies the annual framework for the acquisition cycle;
. Makes minor clarifications for consistency.
Section 13 - Most of the proposed changes are within this "Procedures" section.
o Rewords how acquisition proposals enter the review process for clarification purposes.
o Clarifies the process that separates out proposals that meet the initial criteria but not the
purposes of the Program.
. Revises the requirement for an Advisory Committee group site visit;
. Removes redundancy of a "Site Visit Report," as the "Initial Criteria Screening Report" serves
this purpose;
o Removes the language requiring a meeting for additions to the Active Acquisition List early in
the process, as this is done after project ranking, not before;
o Clarifies order of actions;
o Identifies that properties will be appraised pursuant to the Board-approved Conservation Collier
Purchase Policy and Resolution (2003-195), developed after the original Conservation Collier
ordinance;
o Adds language identifying that "sending" lands are subject to additional requirements regarding
the TDR program (these are detailed in the associated agenda item - Purchase Policy revision);
. Removes language regarding negotiations, as the Conservation Collier Purchase Policy states
the County will offer 100% of appraised value (or less, as in a bargain sale) but will not
negotiate for more.
. Various minor clarifications to follow established County policy for property closings.
Section 14
o Adds language allowing for property exchanges within and between multi-parcel projects to
consolidate land holdings where in-holding parcels cannot be acquired.
Section 15
o Removes language assigning responsibility to staff to make recommendations for acquisition
proposals;
. Removes language regarding designation of a "negotiation resource committee," as the
Conservation Collier Purchase Policy does not permit negotiation.
FISCAL IMPACT:
Savings from not having a minutes-taker present during site visits is approximately $4,000 per cycle.
Additional savings in staff and Board time may be realized.
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.
RECOMMENDATION:
That the Board of County Commissioners adopt an Ordinance to amend Ordinance No. 2002-63
PREPARED BY: Alexandra J. Sulecki, Coordinator, Conservation Collier Program
2
Item Number:
Item Summary:
Meeting Date:
I ....5.... I VI I
Agenda Item No. 17D
October 23, 2007
Page 3 of 19
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
llLJ
An ordinance amending ordinance No 2002-63, which established the Conservation Collier
Program. by revising section six: Creation of the conservation Collier Acquisition Fund:
Section eight: Land Acquisition Advisory Committee; Section ten: Criteria for evaluating
Lands for Acquisition and Management: Section eleven: Acquisition List: Section twelve
Nomination of acquisition Proposals and Candidate Sites: Section thirteen: Procedures for
Selection of Acquisition Proposals for Placement of the Active Acquisition List and
Subsequent Purchase Procedures:Section fourteen: Management Plans and Use of
Environmentally Sensitive Lands: Section fifteen: Responsibilities of the County Manager;
Providing for Conflict and Severability: Providing for inclusion in Code of laws and
Ordinances: <:lI1d Providing for an effective date.
10/23/20079:00:00 AM
Prepared By
Afexandra J. Sulecki
Administrative Services
Senior Environmental Specialist
Date
FaGilities Management
10/91200712:34:40 PM
AIJproved By
Melissa Hennig
Administrative Services
Environmental Specialist
Date
Facilities Management
10/9/20072:19 PM
AIJproved By
Jennifer A. Befpedio
County Attorney
Assistant COllllty Attorney
Date
County Attorney Office
10/11/20072:04 PM
Approved By
Skip Camp, C.F .M.
Administrative Services
Facilities Management Director
Date
Approved By
Facilities Management
10/11/20073:47 PM
Skip Camp, C.F.M.
Administrative Services
Facilities Management Director
Date
Facilities ManagemPllt
10/11/20073:47 PM
AIJproved By
OMS Coordinator
Administrative Services
Applications Analyst
Date
Approved By
Information Tecllnology
10/15/200711:16 AM
Laura Davisson
County Manager's Qffi(;e
Management & Budget Analyst
Date
Office of Management & Budget
10/16/20079:22 AM
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Date
Office of Manaqernent & Budqet
10/16/20074:16 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10/16/20077:07 PM
Agenda Item No. 170
October 23, 2007
Page 4 of 19
ORDINANCE NO. 2007-_
AN ORDINANCE AMENDING ORDINANCE NO. 2002-63,
WHICH ESTABLISHED THE CONSERVATION COLLIER
PROGRAM, BY REVISING SECTION SIX: CREATION OF
THE CONSERVATION COLLIER ACQUISITION FUND;
SECTION EIGHT: LAND ACQUISITION ADVISORY
COMMITTEE; SECTION TEN: CRITERIA FOR
EVALUATING LANDS FOR ACQUISITION AND
MANAGEMENT; SECTION ELEVEN: ACQUISITION
LIST: SECTION TWELVE: NOMINATION OF
ACQUISITION PROPOSALS AND CANDIDATE SITES,
SECTION THIRTEEN: PROCEDURE FOR SELECTION
OF ACQUISITION PROPOSALS FOR PLACEMENT ON
THE ACTIVE ACQUISITION LIST AND SUBSEQUENT
PURCHASE PROCEDURES, SECTION FOURTEEN:
MANAGEMENT PLANS AND USE OF
ENVIRONMENTALLY SENSITIVE LANDS; SECTION
FIFfEEN: RESPONSIBILmES OF THE COUNTY
MANAGER; PROVIDING FOR CONFLICT AND
SEVERABILITY, PROVIDING FOR INCLUSION IN CODE
OF LAWS AND ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Collier County has studied various methods for the acquisition of
environmentally sensitive land for conservation, preservation and urban green space; and
WHEREAS, Collier County has Home Rule Powers established by the Florida State
Legislature pursuant to Florida Statutes, Chapter 125 and has the power to carry on government
to the extent not inconsistent with general law; and
WHEREAS, Collier County desires to provide a mechanism to equitably deal with the
implementation of the Community Character Plan, the Comprehensive Growth Management
Plan, which recommend acquisition of environmentally sensitive lands; and
V/HEREAS, on Tuesday, November 5, 2002, the electorate of Collier County authorized
the County to levy a 0.25 mill ad valorem property tax for a period not to exceed ten [10] years,
for acquisition, protection, restoration, and management of environmentally sensitive lands in
Collier County for the benefit of present and future generations; and
WHEREAS, CoIlier County's significant natural resources, productive estuaries and
wetlands, remarkable biodiversity, and unique subtropical habitats harboring many species of
rare and endangered flora and fauna merit the most protection any county's citizens could offer;
and
WHEREAS, it is the intent of the Board of County Commissioners of Collier County to
establish Conservation Collier to implement this mandate and to support its purposes to the
fullest, limiting all uses of, and all investment earnings o~ such levies to such pmposes; and
WHEREAS, the Collier County Board of County Commissioners recognizes the need for
the creation of an advisory board to advise the County and the public in the implementation of
the program and the selection of project sites for acquisition; and
I
Underline added: striklltb, EmgR5 deleted.
Agenda Itern No. 170
October 23, 2007
Page 5 of 19
VlHEREAS, the Collier County Board of County Commissioners, in recognition of the
fact that the proposed environmentally sensitive lands are to be purchased in whole or in part
through a special ad valorem assessment, hereby recognize the rights of our citizens to have
reasonable public access and for all our citizens to partake and enjoy various outdoor activities in
a reasonable and environmentally friendly manner on lands purchased with these funds; and
WHEREAS, the Board of County Commissioners wilt ensure that Conservation Collier is
a willing participant program and shall utilize only methods of voluntary acquisition.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION 1: Name:
This ordinance shall be known as Conservation Collier Implementation Ordinance.
SECTION 2: Obiectives:
Conservation Collier is therefore hereby established to acquire, preserve, restore, and
maintain vital and significant threatened natural lands, forest, upland and wetland communities
located in Collier County, for the benefit of present and future generations.
SECTION 3 - Findines:
1. The foregoing recitals are true and correct and incorporated herein by reference.
2. All ad valorem funds generated hereby shall be collected by the Collier County Tax
Collector.
3. The County Manager, or his or her designee, shall administer this program in accordance
with the procedures and criteria provided for herein.
SECTION 4 - Pnrvose and Intent:
1. To acquire, protect and manage environmentally sensitive lands that contain natural
upland or wetland commtmities, native plant communities, rare and endangered flora and fauna,
endemic species, endangered species habitat, a diversity of species, significant water resources,
or outstanding aesthetic or other natural features, maximizing protection of Collier County's
rarest, most unique and endangered habitats;
2. To acquire, protect and manage environmentally sensitive lands that offer the best human
social value, including equitable geographic distribution, natural resource based recreation, and
protection of water resources, local ecological ~wareness, and enhancement of the aesthetic
setting of Collier County;
3. To acquire, protect and manage environmentally sensitive lands that serve to recharge the
County's aquifers and protect its wetlands and surface water resources to ensure the delivery of
clean and plentiful water supplies and provide flood control;
4. To acquire, protect and manage environmentally sensitive lands containing the most
biological value, including biodiversity, listed species habitat, connectivity, restoration potential,
and ecological quality~
5. To protect present conservation lands by acquiring, protecting and managing adjacent
properties which, if not acquired, would threaten the environmental integrity of the existing
resource, or which, if acquired, would enhance and buffer the environmental integrity of the
resource, and add to resource connectivity;
2
Underline added' striketA e I:I.gh~ deleted.
~ ~---~~--~~----~~--------------------
, '" ~"ro ., ""'" "'"'""" " '_,. " ~, ~~_ _ "',""', '~""
which Would then contribute significantly to fulfiIIing this program's gOals;
, ,. .,," 'm"'=~ ,,, "j.,~"" ~",." ~ """_ C"". Gro~ ,,_,
"- ,,,'. ." ""' ~m"'~,~ " ~_, _ ,,,,,,,, ""',,_~ ~~."' ...
,."".~ " " "- - -"'- ",", roo_. -.". .'- _. ~"""
and VUlnerable rare habitats;
, " '''''''' C."", C,,_, "'" _ roo" _~ .'.rom_. '- ''"
_'W" ~"'. _ _._'" 0, ..."~ " """_ "" o,"",..~
-~"",,, .. ~'w" "' ~ rom_ ~ """""'"'.' ""-. "'""","" ,
"'''0"". "" ~ ""'''".", ""'m,., """" '" m.".. ,,, ~m. ""~..
.. '" -.~ 'ro"""" ..ro~.,,,,, '_0_ "".. ~...." ."~,~"
-."",. .. ,-~ """ -- """'" .""" - ,ro..,., ._,,~ ~_
"""""-' ~ro."""., .. """'''"'' '''''_''''- " ~""",,, _._., ".."~
." ~ - .--. 'm =0 roo_ '_~. 0 '"' _ __ """'" ~, ..
preserved and appreciated by and for present and future generations;
" " "m "" "'"'~ ,~ "'~'" ,," ~_ 'W< '" ., """""_ _. '"
"" '''. m "'"m" C'lli. C",,", '"""_ ",""~o, .. ., ,_, ..." .~" ""
.,"".~.. ''''~'"" ';C,,,,, eo~" ''''.~"," '~~_ _ _ ~"O~,,,
" " -,,, 0"- ~,_ "". ", "W, ., """"",,, ~ ."",,"_~'"
'" '.'fu,," '- ...." ,_,,~. Colli, fu.. _" ,,_ "~''''<' "',
.'"""",,"" "' _ fuo 0,", .~" ",,"W". ~j." ." ~"".m .. om",""
~"'""' '"" 0 ,,'", "''''''. "' "". "'""" ~", '. '~"_"" 0"'. '''ill., '... m ","""
"-. '-'''' eo",,, c-, .... ''"'~' M.,o"",," ""'m "ro C,." ,_ .,
requirement to provide matching fMds; and,
" '" ""~." "''',,' .. ""'" "'..""", '.~"""" '"" -- "'."'~~
~-'. """'"" 0", _, '.". ". ""' ~_, " ., '"" "' """. '"'_'"" ""'
R,_""o """ ~-. .." ,~, '"""''''''" ,_ ,~_. "0". '"~" .. '.. 0",
"- ~-. "'"' m, ""'- "-. ''"_ "" "~,,., .. "" "",",_ "
Conservation Collier as stated hereinabove.
Agenda Item No. 17[
October 22 17
Page l 19
SECTION 5-- Definjtion~
C" ,""".,,, Wo~ .. '''-. "... """ fu W, "'""". ,"" ,," ., '"~.,"
ascribed to them in this section:
, "A,",~. ",-,.. .., ,_. (oj -"(0) "0., m". _"... .~""~
Or recommended for conservation in aCCordance with the procedures provided for herein.
' "M."",,,,," -i.", ",., m= (oj -.'('j '0.. .,.,,~ ~ ~ _, "CC,_
'".~,,"""'" 'm '"".'"~. 0, w, -, " _." "", "~"'_ 'ro~," ~
berein.
3. "Authorized Purpose" means expenditures authorized herein.
,. 'W"'~''"'_"," ,0., -... ","",,,,OM ,,~,_ fu =0.. '"' "'
w, U,,'~ ",. '"~" ""~. COOo. '_., " CoW. Co",,,. .._ fu,~" _, W
primary gOals the conservation of natural resources and the Protection of the envirOIUnent.
3
~~5trike'WOIi&h.rdeleted.
-----------
----------..--------
5, "Buffer land" shall mean that land which is adjacent to publiclY-owned environmental
land, or privately held land permanently dedicated to conservation, Or that land which is an in-
hOlding Within publiclY-owned environmental land, and which, if not acquired, would threaten
the environmental integrity of the existing resource, or if acquired, Would enhance the
environmental integrity and connectivity of the resource.
6. "Environmentally sensitive" land shall mean that land which contains natural upland or
wetland cOmmunities, native plant conununities, rare and endangered flora and fauna, endemic
species, endangered Species habitat, a diversity of species, significant water resources, or
outstanding aesthetic or other natural features.
7. "Management" shall mean the preservation, enhancement, restoration, conservation,
monitoring, Or maintenance of the natural resource values of environmentally sensitive lands
which have been acquired or approved for management under Conservation Collier, including
provision of appropriate public access.
8. ''Target Protection Areas" shall mean targer areas of environmentally sensitive land
within which are located Specific sites which generally satisfy the initial screening criteria and
meet the goals of Conservation Collier.
9. "Natural resource-based recreation" shall mean all forms of uses Which are consistent
with the goals of this program, and are compatible With tbe specific parcel. Such uses shall
include, but not be timited to, hiking, nature Photography, bird-watching, kaYaking, canoeing,
Swimming, hunting and fishing.
SECTION 6 - Creation of the Conservation Collier Ac uis/lion Trust FUnd.
COllier County shall establish the Conservation COllier Acquisition Trust Fund for use in
acquiring environmentally sensitive lands in Collier County. This fund shall receive and
disburse monies in accordance with the provisions herein.
1. The Conservation Collier Acquisition Trust Fund shall receive monies from the following
Agenda Item No. 170
OctOber 23, 2007
Page 7 of 19
sources:
a. All monies accepted by Collier County in the form of federal, State, or other
governmental grants, reimbursements, allocations, or appropriations, foundation or private
grants, donations for acquisition of environmentally sensitive lands and payments provided for
mitigation activity associated with Such acquisition activity.
b. SUch additional allocations as may be made by the Board of County
Commissioners from time to time for the purposes set forth herein.
c. All interest generated from the sources identified herein except where monies
received bave been otherwise designated or restricted.
d. Supplementation from the Conservation Collier Management Trust Fund, but only
with the approval of the COllier County Board of County Commissioners.
e. Up to Eighty-five percent [85%] of all ad valorem revenues collected for
Conservation Collier.
f The proceeds of any property acquired with funds from the Conservation Collier
Acquisition Trust Fund that is leased or sold by the County, said proceeds, as detennined by the
Board of County Commissioners, to be COmmitted either to the Conservation COllier Acquisition
4
Underline added:..stTi"e'1~elf;hs-deleted.
Agenda Item No. 170
October 23,2007
Page 8 of 19
Trust Fund or to the Conservation Collier Management Trust Fund for the purposes provided for
herein. Any such sale or lease shall only be in accordance with the goals of this Program.
g. Prior to acquiring land located within a Municipality's boundaries, approval must
fIrst be obtained from the governing body of that Municipality.
2. The Conservation Collier Acquisition Trust Fund shall be maintained in a separate and
segregated trust fund of the County to be used solely for the authorized purposes set forth herein.
3. Disbursements from the Conservation Collier Acquisition Trust Fund shall be made only
for the following authorized purposes:
a. Acquisition of properties which have been approved for purchase by reseluaen of
the Board of County Commissioners.
b. Costs associated with each acquisition including, but not limited to, appraisals,
surveys, environmental reports, title commitments and insurance policies SeaFeR 'serlr, real
property taxes, documentary stamps and surtax fees, and other transaction costs.
c. Costs of administering Conservation Collier, including any loans from the
General Fund for funding start-up costs until such time as the fund is closed. Administration of
the program may be conducted by County staff or by contract with a private or not for profit
entity subject to meeting all County and Conservation Collier purchasing oolicies pFseeew:es.
Administrative costs shaH be limited to the greatest extent possible.
d. To undertake and carry out studies and analyses of county conservation land
needs and ways of meeting those needs, limited to no more than $150,000.00
e. To acquire and dispose of real and personal property or any interest therein when
stich aequisition is necessary or appropriate to protect the natural environment, provide public
access or public recreational facilities, preserve wildlife habitat areas or provide access to
management of acquired lands; to acquire interests in land by means of land exchanges; and to
enter into alternatives to the acquisition of fee interests in land, including, the acquisition of
easements, life estates, leases, and leaseback arrangements.
f. Acquisitions consistent with the Collier County Land Develonment Code -land
den,:lepment n:g~latiefls and the Growth Management Plan.
g. To cooperate with other local, regional, state, or federal public land acquisition
programs. In such cases, the County may enter into contractual or other agreements to acquire
lands jointly or for eventual resale to other public land acquisition programs in Collier County.
h. All lands acquired and titled solely in the name of Collier COlmty shall be
managed by Collier County, wherever located, unless by mutual written agreement management
arrangements and responsibilities are undertaken with other local, regional, state, or federal
agencies. All lands jointly acquired with other local, regional, state, or federal agencies,
including Municipalities, shall include, as part of the acquisition process, some mutual written
agreement regarding the responsibilities of the joint owners for maintenance.
1. To borrow money through the issuance of bonds for the purposes provided
herein, to provide for and secure the payment thereof, and to provide for the rights of the holders
thereof.
5
Underline added' se-il..etBrslighs deleted.
Agenda Item No. 170
October 23, 2007
Page 9 of 19
j. To invest any funds held in reserves or sinking funds, or any funds not required
for immediate disbursement, in such investments as may be authorized for trust funds under
Florida Statutes, Section 215.47 as amended.
k. To insure and procure insurance against any loss in connection with any of
the trust's operations, including vrithout limitation:
a. The repayment of any loans to mortgage lenders or mortgage loans;
b. Any project:
c, Any bonds of the County;
Inswance may be procured in such amounts and from such insurers, including the Federal
Government, as may be deemed necessary or desirable by Collier County,
1. To engage the services of private consultants on a contract basis for rendering
professional and technical assistance and advice.
m. To identify parcels of land that would be appropriate acquisitions.
n. To do any and all things necessary or convenient to carry out the purposes of, and
exercise the powers given and granted herein to the full extent of the law.
SECTION 7 ~ Creation of the Conservation Collier Mana2'ement Trust Fund:
There is hereby created the Conservation Collier Management Trust Fund (hereinafter
referred to as the Conservation Collier Management Trust Fund) for the preservation,
enhancement, restoration, conservation and maintenance of environmentally sensitive lands that
either have been purchased with monies from the Environmentally Sensitive Lands Acquisition
Trust Fund, or have otherwise been approved for management. The Finance Director is hereby
authorized to establish the Conservation Collier Management Trust Fund and to receive and
disburse monies in accordance with the provisions oftms section.
1. The Conservation Collier Management Trust Fund shall be maintained in a separate and
segregated trust fund of the County to be used solely for the authorized purposes set forth herein.
2. The Conservation Collier Management Trust Fund shall receive monies from the
following sources:
a. Ad-valorem taxes collected for Conservation Collier in an amount not to exceed
15% of the total collected in anyone year.
b. All monies accepted by Collier COWlty in the form of federal, State, or other
governmental grants, allocations, or appropriations, as well as foundation or private grants and
donations, for management of lands acquired with the Conservation Collier Acquisition Trust
Fund or otherwise approved for management.
c. Additional allocations as may be made by the Board of County Commissioners as
necessary from time to time for purposes strictly consistent with the goals and purposes of
Conservation Collier.
d. All interest generated from the sources identified herein. except where monies
received have been otherwise designated or restricted.
3. Disbursements from the Conservation Coilier Management Trust Fund shatl be made by
the County Manager or his or her designee only in accordance for the authorized purposes set
forth herein.
6
Underline added' s1i'il:elll eYgHs deleted.
Agenda Item No. 170
October 23, 2007
Page 10 of 19
SECTION 8 - Land Acauisition Advisory Committee:
1. Creation and Purpose: The Land Acquisition Advisory Committee is hereby established
to assist the Board of County Commissioners in establishing an Active Properties Acquisition
List with qualified purchase recommendations consistent with the goals of Conservation Collier.
2. Appointment and Composition: The Land Acquisition Advisory Committee shall be
composed of nine (9) members who are appointed by and will serve at the pleasure of the Board
of County Commissioners in accordance with Ordinance No. 2001-55. Membership oftbe Land
Acquisition Advisory Committee shall comprise broad and balanced representation of the
interests of Collier County citizens, including:
a. Environmental and conservation interests in Collier County;
b. Agricultural and business interests in Collier County;
c. Educational interests in Collier County; and
d. General civic and citizen interests from throughout the COWlty.
Individual members of the Land Acquisition Advisory Committee shall have expertise,
knowledge or interest in ecology, conservation of natural resources, real estate or land
acquisition, land appraisal, land management, eco-tourism or environmental education. A
nominee shall submit to the Board of County Commiss-ioners written evidence of his or her
expertise, knowledge or interest in any of the above. The members of this committee should
include representatives from different areas of Collier COWlty.
3. Terms of Office: The initial terms of office of the members shall be staggered between
the individual interests, for balance purposes, and be set as follows:
a. Three (3) members shall serve three (3) years.
b. Three (3) members shall serve two (2) years.
c. Three (3) members shall serve one (1) year.
Thereafter, all appointments shaH be for a term of three (3) years. The process for
appointments and terms of office shall be governed by Collier County Ordinance No. 2001-55..
as amended. reoealed or suoerseded.
4. Officers, Quorum and Rules of Procedure: At its earliest opportunity, the membership
of the Committee shall elect a chairperson and vice chairperson from among the members.
Officers' terms shall be for a period of one (1) year, with eligibility for reelection.
The presence of five (5) or more members shall constitute a quorum of the Committee
necessary to take action and transact business. The Conunittee shall, by majority vote of the
entire membership, adopt rules of procedure for the transaction of business. The Land
Acquisition Advisory Committee shall comply with the applicable requirements of the Florida
Sunshine Law, and shall keep a written record of meetings, resolutions, findings and
determinations in accordance with Chapter 112, Florida Statutes. Copies of all Committee
minutes, resolutions, reports, and exhibits shall be submitted to the Board of County
Commissioners.
5. Attendance and Vacancies: Committee member attendance requirements, including
failure to attend meetings and member removal from office are governed by Collier County
Ordinance No. 2001-55, as amended. reoealed or suoerseded.
7
Underline added; 5tril:ethratigR5 deleted.
Agenda Item No. 170
October 23, 2007
Page 11 of 19
6. Functions, Powers and Duties of the Land Acquisition Advisory Committee: The Land
Acquisition Advisory Committee shall have the following duties and responsibilities:
a. The Land Acquisition Advisory Committee's primary responsibility is to
recommend to the Board of County Commissioners an Active Properties Acquisition List with
qualified purchase recommendations consistent with the goals of Conservation Collier and
pursuant to the policies outlined herein below.
b. The Land Acquisition Advisory Committee may, from time to time, recommend
to the Board of County Commissioners prop~sed expenditures from the Conservation Collier
Trust Funds; additional selection or acquisition policies. procedures, and programs; and other
such matters as may be necessary to fulfill the purposes of Conservation Collier. However, the
goals and primary criteria of Conservation Collier may not be modified except by countywide
referendum vote.
c. The Land Acquisition Advisory Committee shall have no power or authority to
commit Collier County to any policies, to incur any financial obligations or to create any liability
on the part of the County. The actions and recommendations of the Land Acquisition Advisory
Committee are advisory only and shall not be binding upon the County unless approved or
adopted by the Board of County Commissioners.
d. At such time as there are insufficient uncommitted funds in the Conservation
Collier Acquisition Trust Fund to conclude another acquisition and all acquisition projects have
been closed, the Land Acquisition Advisory Committee shall report to the County Commission
that its business is concluded. All remaining Conservation Collier Acquisition Trust Fund
monies shall then be transferred to the Conservation Collier Management Trust Fund.
7. Review of the Land Acquisition Advisory Committee: The Land Acquisition Advisory
Committee shall be reviewed by the Board of County Commissioners every four years in
accordance with the provisions of Section Nine of Collier County Ordinance No. 2001-55, as
amended.
SECTION 9 - Prooerty Elil!ible for Acauisition and Manaeement:
1: Properties eligible to be considered for acquisition and management under Conservation
Collier shall be only environmentally sensitive lands available from willing and voluntary
participants.
2. Acquisition of property shall not be constrained based on the immediate availability of
management money.
3. Any environmentally sensitive land not on the acquisition list which is offered for
conveyance or donation to Collier County and is proposed for management by Conservation
Collier shall be evaluated as provided for herein below and may only be accepted and approved
for management by the Board of County Commissioners.
SECTION 10. Criteria for Evaluatinl! Lands for ACQuisition and Manaeement:
1. The evaluation of each acquisition proposal shall be based on satisfying at least two of
the initial screening criteria below. Qualified sites shall then be further prioritized by secondary
evaluative criteria listed below under Section 2. The initial screening criteria are:
8
Underline added. ss-ilcethrs\l.gfls deleted.
Agenda Item No. 170
October 23. 2007
F'age 12 of 19
a. Land v.rith the most rare, unique and endangered habitats found in Collier County.
order of preference: tropical hardwood hammocks, xeric oak scrub, coastal strand, native beach,
xeric pine, riverine oak., high marsh (saline), tidal freshwater marsh, other native habitats.
b. Lands offering the best human social values, including equitable geographic
distribution, appropriate access for natural resource-based recreation, and enhancement of the
aesthetic setting of Collier County.
c. Land which protects the most water resource values, including aquifer recharge,
water quality, wetland dependant species habitat, and flood control.
d. Land containing the most biological value, including biodiversity, listed species
habitat, connectivity, restoration potential, and ecological quality.
e. Land which enhances and/or protects the environmental value of current
conservation lands through function a<; a buffer, ecological link, or habitat corridor.
f. Any qualified land which meets at least two of the above criteria, and has
matching funds available and/or which Conservation Collier funds availability would leverage a
significantly higher funding rank in another acquisition program. V.ritflSHt S1:18R fim.el.ing
eirel:iffistanEes, Cense1'\'Mien Callier funds shall B.et se B-vailaeie fer ~r&jeets within the
jlHisaiet:ien efat1.sthe:r ageR6Y's aeEJ.l:li.si.-t:ien 'eslimlaries.
2. Those proposed acquisition proposals which are initially qualified under the screening
criteria shall be evaluated and ranked by the staff and Land Acquisition Advisory Committee
using Secondary Ranking Criteria based on site visit information which confinns or refutes the
initial screening criteria evaluation, and based on comparative size (to prefer larger of similar
parcels), vulnerability to destruction (to prefer most threatened of qualified parcels), overall
resource ecological quality (to prefer highest quality of similar parcels) and the estimated
feasibility and costs of management (to prefer most manageable parcels).
3. The Board of County Commissioners hereby shall approve and make a part hereof the
attached initial list of Target Protection Areas within which are located specific sites which
generally satisfy the initial screening criteria and meet the goals of Conservation Collier.
Inclusion on this list is not a guarantee of any specifiC purchase. All specific proposals will be
evaluated and ranked by staff and the Land Acquisition Advisory Committee for a
recommendation of approval to the Board of County Conunissioners.
In accordance with the goals, policies and procedures of this Conservation Collier
Implementation Ordinance, the following list is the first Target Protection Areas adopted for
consideration by the Land Acquisition Advisory Committee, County Staff and the Board of
County Commissioners.
~. All designated Urban lands on _the Future Land Use Map of the Collier County
Growth Management Plan with predominantly native vegetative coveL
Q. All Collier County Natural Resource Protection Areas and Sending Lands, as shown
on the Future Land Use Map of the Collier County Growth Management Plan.
~ All undeveloped lands with predominately native vegetative cover in the Northern
Golden Gate Estates, as shown on the Future Land Use Map of the Collier County
Gro\Vth Management Plan.
9
Underline added' o:trikethrs1:lgru; deleted.
Agenda Item No. 170
October 23, 2007
Page 13 of 19
4.:. The Flow-way and Habitat Stewardship Areas as depicted on the Future Land Use
Map of the Collier County Growth Management Plan.
4. The County Manager shall prepare and periodically update for presentation to the Board
of COllilty Commissioners, a Conservation Collier Program Manual, developed by staff and the
Land Acquisition Advisory Committee, which, upon approval by the Board of County
Commissioners, shall be used as a guide for implementing the provisions of this ordinance, and
shall also include the initial and secondary criteria listed herein above for evaluating
Conservation Collier Acquisition Proposals. Commencement of the acquisition and management
program shall be immediate upon approval by the Board of County Commissioners, passage of
the referendum and appointment of the Land Acquisition Advisory Committee, even if the
manual has not been completed.
SECTION 11 - Acauisition List:
The overall Conservation Collier Acquisition List shall consist of two specific lists: the
Target Protection Are~s List and the Active Acquisition List. The Land Acquisition Advisory
Committee and Board of County Commissioners shall approve both in accordance with the
procedures set forth below:
I. The Target Protection Areas List shall consist of lands representing the highest natural
resource values (such as Natural Resource Protection Areas). but generally not specific parcels,
and is initially approved by the Board of COWlty Commissioners and updated periodically by the
Board of County Commissioners and Land Acquisition Advisory Committee. It is established
and updated in accordance with Conservation Collier goals, procedures and criteria.
2. The Active Acquisition List shall consist of criteria-qualified sites that have been selected
from Target Protection Areas, as well as qualified acquisition proposals submitted to tbe Land
Acquisition Advisory Committee by the public, all of which have reeehed flElsitiye fesfl6Rses
had aunlications submitted bv ffem property owners. The Active Acouisition List shall separate
proposals into three (3) cate~!:Ories. A (oursue acauisition), B (hold for re-rankinll in the next
fEle). and C (no interest in acauirinl!). The A-ca~orv oarcelsloroiects shall be further
cate~!Orized as I (hig:h nrioritv), 2 (medium priority) and 3 (Jow orioritv). in order to give County
staff direction as to orioritv for acauisition tasks. The Active Acquisition List shall be updated
periodically according to Conservation Collier procedures and criteria. Site acquisition
proposals that receive the highest evaluations pursuant to the Conservation Collier criteria and
for which acquisition is feasible will be placed on this list, pending recommendation B.j'lpf8V6:1 by
the Land Acquisition Advisory Committee and aoorovaI bv the Board of County Commissioners.
3. Once approved by the Board of County Commissioners, the County shall actively pursue
acquisition of A-categorv projects on the Active Acquisition List. All sites shall be pursued on a
voluntary "willing participant" basis only, without the use of the County's eminent domain
powers.
4. Projects will only be removed from the Active Acquisition List by successful purchase of
the site, approval of the next succeeding list, withdrawal of positive interest by the property
owner. or by resolution of the Board of County Commissioners. Projects removed may still be '
considered at a later time.
SECTION 12 Nomination of acquisition orooosals and candidate sites:
10
Underline added: skiIreWBllgks deleted.
Agenda Item No. 170
October 23,2007
Page 14 of 19
1. Nominations for the Conservation Collier PrOlrram may be made bv any person or
onzanization. includinl2: Collier County. regional. State or Federal alZencies. bv contactinQ:
oroQram staff in writinQ and orovidinQ oositive identification of the narcellurolect thromm a man
or folio number(s). Staff will send an inQuiry to the ovm.er in the form of an interest letter
advising of the nomination and askin2 if the owner wishes to submit an application for
consideration to the Conservation Collier Prosrram.
2. P..n owner may nominate his or her O\VIl pronerty by submitting an aoolication.
3. County staff will send letters of interest to morertv owners within Tareet Protection
Areas as directed bv the Land Acquisition Advisory Committee askine if the owner wishes to
submit an aoolication for consideration to the Conservation Collier Pro1ITllffi.
4. An annlication submitted bv the nronertv owner to the COW1tV Manal!er or his designee
shall be evidence of a williml seller.
5. While p
1. gfleeifie site eansieleFatisn '''ill Be gi.;en t6 all iBEli"iliual fJrSflsFties ::mshlie within the
Target Preteetion }....reas List amI. .vhieh .Ra:e geaereteel. a fl8sitive iaterest respsnse t8 a letter sf
aequisitiElfl iFH:J.l:liF) seFlt s:: the CeuRt::, ar eeuRt) designateS. eSRtaet.
2. Public and landowner applications nominating properties for acquisition may be
submitted at any time, during or after the first annual public solicitation meeting (described
below), aoolications shall be !lathered and evaluated within the framework of an acauisition
cvcle. which time frame shall be oublicIv announced. hy aRj' parseR €If eTgani3atieIl, meluaing
Collier Ceullty, regional, State aT Federal ageReies.
3. /'Jl nomiRatieRs shall be made b) filing an applieatisn with the CSl:lAt:j. t.1an.ager Elr Ria
aesig'Ree, ",<hieh .,ill then Be fOFNaniee to designated statI ana the Land ;\equisitien AaviseJ)
C8ffimittee for reuie.y.
+ ~ There will be an annual public meeting for the purpose of updating the Board of
County Commissioners and the public and for soliciting proposals and applications. The first
such meeting will take place at the end of the first year of implementation of Conservation
Collier.
~. 1. If tBe a~filielffit has BE 8\','JHlfSRip iRterest iFJ. aBj real J3r8J3erty f018\'ered 8:' an
apJ3lieatisR for pfSJl6sed. aeE{uisitieH, sHch Owner interest shall be disclosed in applications in the
same manner as required of zoning applicants by the Collier County Land Development Code.
~ apply to ge"emrn.eBtal afl131ieants.
€i. If t-he BflJ:lli:ant eees e8t luwe an e'?ffiErshifl int:erest in ~~t..,e rea~ flrefle~ e8':erea 5j' an
<lflfllieatisR or if the Etflfllieant is a ge :emmeBtal ageRey, the Harne ems aaares5 sf t1I.e sn,neT as
listed in the Property .^.J3:flraiser's re~ords shall Be pn)\ided \vith t.fie 8p}3lieatieR.
SECTION 13 Procedure for selection of aCQuisition oToDosals fOT olacement on the
Active ACQuisition List and SubseQuent Purchase Procedures:
1. Acauisition oroposals for which anolications have been received shall be orescreened
using the initial screeninQ criteria. Those that satisfy two (2) out of six (6) of the Initial
Screenin2: Criteria shall be forwarded to the Land ACQuisition Advisory Committee for a vote for
a comolete evaluation.
,
11
Underline added: ~eleted.
Agenda Item No. 170
October 23, 2007
Page 15 of 19
1. UPOB "I'proyai sf the ref",,,,,dtim and ,ol>se~"ellllJ' y,ith eneh update ef the Target
PreteetisB .".:reas list, eSliFlf) staffv<iIl seBsletteFs sf inl!wry 18 all ]3rsl'ert) e ,ffleFS ".\ithia these
TB:fget Pr8tee~iefl /':d'eas. Pesttive resf30Rses .:ill Be ferwanlea t8 elesigaatea staff fer preliminary
(Elvie .l, USiRg; tfle iaitiitl sereeam.g; eriteriB..
:. ,^..fter the First atUlliW ~\ll3li6 3slieitatisB sf BsmiBooens, 18fl.8svlRer ami J:!ul3lielj'
AeFBiBatea prejeets .....ill 8e faF:'6fSetf Hrst te e:el:ll1t~. staff fer tRe mailing sf iREJ.uiry lettel's.
Designated staff 1:isiag the iBitial sereemllg aFiteria ':ill re~.'iev: aJI JlBsitiHe resl"eRses.
J.2. Acquisition oroDosals which do not satisfv the initial screenine: criteria or which satisfy
initial screenine: criteria but for other reasons Neminatecl [lF8p8fties 1i1at 00 .!!illY fulfill the
purposes of Conservation Collier a1' d8 Bet satisfy the initial emeria will be reported to the Land
Acquisition Advisory Committee and shall not be evaluated further unless at teast five [5]
members of the Land Acquisition Advisory Committee vote for a complete evaluation.
4,.~Proposals which satisfy the initial screening will be further evaluated for oresentation af6
ferv..ani.ea to the Land Acquisition Advisory Committee ami. staff for seeemlary eriteria review
and ranking. Staff saall Evaluation shall include a site visit. which staff shall coordinate with the
DrODertv owner and which Olav include one Advisory Committee member, review of
information about the uarcel(s) available in the County's electronic databases and research into
any other records retained bv the County about the oarcel(s). Usinl! both observed and gathered
data staff shall oreuare an Initial Criteria ScreeninlZ Report (ICSR) which will include 5efld
e.IElHg \'1tR eaea 19r5flBSal: bOlUldary and location maps for each site, descriptions of the
biological and hydrological characteristics, including initial criteria satisfied, a summary of its
potential for appropriate use, development potential of the site and adjacent land, an assessment
of the management needs and costs, the assessed and estimated value, and any potentially
available matching funds. This ae€J.uisition propesal iRfermatiofl shall be the Initial Criteria
8ereeRing Report.
-31. Upon completion of the IRfttal-Cfi.teflaSereemngRerert ISCR, the Land Acquisition
Advisory Committee shall hold a public hearing. te eSBsider the rsesFflfHenaatism for
oresentation of information contained in the ICSR regarding each site, the applicants' and/or
landowners' comments, and comments from the public. A courtesy notice shall be provided to
the owners of properties which are the subject of the hearing, although failure to notify said
owners shall not invalidate these proceedings.
5. After all properties within the current acouisition cycle have been presented, (The Land
Acquisition Advisory Committee shall evaluate all qualified proposals using the seesBsary
~ criteria, as documented in the ICSR laiital Criteria SereeRiJ.lg Refl€lrt_ alon2 with, ftfld
public comments, and their own experience and iudgments. and then rank the oarcels accordiml
to the A. B and C ranking categories to create a recommended flrsfl8se top fBnkea flrsfl8sals fOT
tfte Active Acquisition List at tffi.s a Dubhe hearing. Sa13seell:18nt Additional meetings may be
called to complete this task.
6-: Ceunty staff shall essniiFlate tRitia-1 site visits V'itfl Lana ,~_eEJ.\:lisitiaB l,th-isar)'
CElffimittee afl8. iHteresteellanels"'Rers sf tap r8:fld:ee prsp8sals that are prafl8sea far the .^..etiYeJ
,^ eefu.isitien List. StaffsRall "'Fite Site "'isit RSflsrts regareliRg all initial site '.isits.
12
Underline added. strilteihreughs deleted.
!',aenda Item No. 170
~ October 23,2007
Page 16 of 19
+-: Up en e8FflflletieR ef &81 staff's iRitiaJ site visit Tl!13erts, t.fie Lana .^.eE):1.iisit.iSR f.8.vis6FY
Semmi'rtee shall esm ene B. f1$lie Rearing to reeemmeR8. aaelitisR3 18, llH8 aJ'lJ'lr8:e tfle ,'\.8t1 :81
:\Sfll:lisi13.eR List fer 500mittal t8 fue Bears sf CetJEt:' Cemmissimi8rs, CesrdiHatisR "'ill 8e
FHBaB '::1& any poteBtial matefiiBg rnmls en.tities, as RSeeS5af)'.
&- 6. The recommended Active ACQuisition List shall be forwarded to the Board of
County Commissioners, who. in a public meeting, shall vote on whether to approve all or part of
the proposed Active Acquisition List. Prooerties may be added but any additional oTooerties
must be subiected to the entire evaluation crocess.
7. County Staff shall noUN oronertv owners and the Dublic of the final aODroved Active
Acauisition List. aRe. BB)' adail-jeRs that m8:)' ee adaea t8 it. .^~BElitieRS ffia~' be added init an)'
aaditienal j'JfG1gerties ffi1:iSt 19e: sOOjeetea t8 t:he entire e':aluatien f1reeess.
L- After approval of the Active Acquisition List, Real Estate Services staff will arranlZe for
Bomaisals for A-catel!orv parcels/proiects and when appraisals are received make an offer to the
owner(s) pursuant to the aooroved Conservation Collier Land Acquisition Purchase Policy
(Resolution No. 2003-195. or as superseded). Parcels located within the Rural Frim!e Mixed Use
District "Sendine." lands are subiect to additional requirements reeardine. Transfer of
Development Rights (TDR) credits. as soecified in the Conservation Collier Land Acquisition
Purchase Policy. Resolution 2003-195. or as superseded. t:He :Bears sf Ce\:lRty CSffimissisaers
....ill direet Once an offer is accented Real Estate Services staff will menare a contract and
request the owner silm. This silmed contract will be oresented to the Land Acquisition Advisory
Corrunittee at a public meetinlZ to decide. by maiority vote. whether to recommend approval of
the contract to the Board of County Commissioners. Alan!! with the contract. staff will orovide
y,illta flrefJare a Project Design Report for each Darcel/project, including cost. aflflmisals, title
researeh, history ~8:R4 purpose of project, and program qualifications.
9. After obtaininl2. a r~.90nI[OeT.!dation from the Land Acouisition Advisory Committee. the
contract. Proiect DesilZn Report and Land Acquisition Advisory Committee recommendation will
be presented to the Board of County Commissioners at a public hearing for their review and
approval.
9. UflOIl E:empletioIl of the Prejeet DesigR Re}3sfts, the Land :\equisitisn .'\Bvisory
Committee SHall Aolo. a sessIla Fluhlie meeting to aeeide, by majeritj' ... 8te, 'yhieh Flrojeets are
reeemmenaea to preeeed--te Regetiatiellii.
10. The Board of County Commissioners shall have final anoroyal authority for a.fteF
B:J319rs\ 81 ef the .'\eti\ e ,^.Elfluisitien List aRe. iRe LaHel AeEl.wsitien COmFfllttee's reeommeHaBt:ens
for negetiatieHS, v.~ll iRstn:J.et Ce1:ffity staff t8 BegstiMe f-er flllTefiase f-er eaeH listed flrejeet, 'with.
optional use ef El. tnird 13art)' flOIl l"fefit erganizatien Begatia-tor, as authorizes 13j' the Baara af
Cel.ifltj' Cemmissisl'lers.
11. Ufl8H s:leeessnil eSFFlpleti€1H sf Re;etietieRS, Ceanty staff will flreseBt ta t:He LaJ.'Id
/'~equisitieFl .^ e' isory Committee the flrsfl8seEl. 8Ell'ltooet tefR15 fer the eSmHlinee's re\'ie'" B1:l8
resemmemiatisBs. CSblBtj' staff '.Yill fern afti the resemmensatisBs sf the LaREl. !~eEl1:lisition
:\a"issrj Committee ts the Beard af C:eunty Cemrni.ssieners [.;ar 8sFltrQats reeemmended far
aflJ3Fa al ami f.;ar emrtraets tl-.at sReuld Flet pressed QS Regetiated.
13
Underline added: stril(etlH-ellghs deleted.
Agenda Item No. 170
October 23, 2007
Page 17 of 19
12. The BaarS. sf CSlmt:y Cem:missisRsfS shaH R}9J3YS. e the contract terms for each proposed
proj ect and shalt authorize any and all purchases.
11. Once a contract has been anNoyed and executed hv the Board of County Commissioners
in accordance with County policies. Real Estate Services staff shall nroceed close on the
purchase of property in accordance with County policies.
SECTION 14. Manal!ement DIaDs and use of environmentallv sensitive lands:
1. No later than sSin.t:j [eGJ ninety f90l days from the date of acquisition, an interim
management plan for any property acquired shall be submitted by County staff to the Land
Acquisition Advisory Committee for approval. Upon approval, the plan shall be submitted to the
Board of County Commissioners for final approval and shall be implemented by the County
Manager pursuant to the Board's direction. Any such interim management planes) shall not be
implemented for more than two (2) years after acquisition of the property, prior to the expiration
of two [2] years, either a new management plan shall be implemented or, by affirmative action of
the Board, the interim plan shall continue.
2. A final management plan, with required review and updating every ten years, shall be
prepared, with review and input of the Land Acquisition Advisory Committee, for each property
acquired by Conservation Collier which shall:
(a) Identify such management activities as are necessary to preserve, enhance, restore,
conserve, maintain, or monitor the resource, as appropriate; and
(b) Identify such uses as are consistent with the preservation, enhancement, restoration,
conservation, and maintenance of the resource; and
(c) Estimate the annual costs of managing the project.
3. Annually, the ten-year management plans prepared during the preceding year shall be
submitted to the Board of County Commissioners for its approval. Each ten-year management
plan shall be updated at least every five (5) years from the last date of Board approval, and may
be amended as often as required. Management plan updates and amendments shall be reviewed
by the Land Acquisition Advisory Committee for their input and recommendations and then
submitted to the Board of County Commissioners for approval.
4. All management plans shall be consistent with the purposes set forth herein. All
properties acquired or managed through Conservation Collier shall be managed in accordance
with the approved management plan for that property.
5. No use, infrastructure, or improvement shall be permitted on any property acquired or
managed under Conservation Collier that is inconsistent with the purposes of the program or that
is not provided by an approved management plan for the property.
6. The County will seek cooperative management arrangements with other agencies and
entities, in keeping with the approved management plans and goals of Conservation Collier.
7. Purchasing land using Conservation Collier program funds permanently extinguishes all
development rights except those strictly compatible with the purposes and goals of Conservation
Collier, unless such lands are exchalll2ed for similar lands within and between multi-Darcel
prOTects that have been oreviouslv recommended bv the Conservation Collier Land Acquisition
Advisorv Committee and aomoved bv the Board of County Commissioners in accordance with
14
Underline added' 8n-il:e~e\l;r.5 deleted.
Agenda Item No. 170
October 23,2007
Page 18 of 19
the Q:oals and Durooses of the Proaram In case of these land exchanees. develooment ril!hts are
restored to thoseorooerties excharu!ed out of County ownersruD.
8. Public access is an important element of management and this Program. Examples of
permitted uses, subject to compatibility with specific parcels, include: hiking, nature
photography, bird watching, kayaking, canoeing, swimming, hWlting and fishing. The program
will also make the acquired sites available, with minimal risk to the environmental integrity of
the site, to educate Collier County's school-age population and the general public about the
uniqueness and importance of Collier County's subtropical ecosystems and natural communities.
SECTION 15 - Resoonsibilities of the County Manaeer:
The County Manager shall facilitate such activities, designate such staff. and assign such
responsibilities as are necessary to fulfill the purposes of this Ordinance. 8aRpter. The manager
shall, at a miaimum, do he fullonqRg:
1. Designate staff t8 e. alaate ae'l'l:lisitisa f1l'efl8sals iB aeesraanee .Ath the Elflprs"'ea
eriteFia aRB prepaf8 aRa imfllemeH! flrejeet fflanagemeJ'lt !JIans.
2. HaJ(e reeemmeRsatisRs t8 the L&n8. :\eEltiisitisT:1 .^.e1.','isery Cemmittee 8R
aequisitieR j3rsp8sals.
3. Designate a fl.egea.atiefl [assures eemm.ittee t6 develop Regetiatien strategies fer
apflre.ed a6~"t:l.isiti8fl prejeets, te meruter negetiatisRS, &nEt 18 a:5sist in eeenliBating all aet:i:/ities
relating t8 negetiati6fls, purehase agreem8ats ami elesiRgs, as sasaBa, The }legetiatisB ResElI:l1-ee
Committee shall iRehu:18 at least BRe (I) feflfeseRiati"e frem the Real Prs13sFtj' Depaf'tment, the
EfI.", ir8Flffiental Ser\'iees Departffism, the Defl6rtmeHt sf Faeilities Hanagemsffi, the PW'lc.s and
ReereatisFl Deflartment, 8:l'la the Cmul'ty .^~tteffie) .
SECTION 16 Sunset of the Conservation Collier Ad Valorem Tax:
I, The Conservation Collier special tax revenue will sunset after ten fl 01 Eten1 years, unless
reauthorized through similar voter referendum approval.
2. The Management Trust Fund continues in perpetuity, as long as Conservation Collier
lands remain in county hands.
SECTION 17 ~ Inclusion in the Code of Laws and Ordinances:
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida, The sections of the Ordinance may be renumbered or
re-Iettered to accomplish sllch, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION 18 - Conflict and Severabilitv:
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 the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate. distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTiON 19 Effective Date:
This Ordinance shall be effective upon filing with the Secretary of State.
15
Underline added. Siril.l:e\flfal:lgh!: deleted,
Agenda Item No. 170
October 23, 2007
Page 19 of 19
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this _ day of _,2007.
ATTEST:
DWIGHT E, BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By:
Patricia L. Morgan ,Deputy Clerk
James Coletta, Chairman
Approval as to fonn and tegal
Sufficiency:
~ K ~~c~.~
JennIfer A. Be dio
Assistant County Attorney
16
Underline added" 5trihethrsligJ:is deleted.
Aqenda Item No. 17E
- October 23, 2007
Page 1 of 12
EXECUTIVE SUMMARY
Recommendation to adopt a resolution approving amendments (appropriating carry
forward, transfers and supplemental revenue) to the Fiscal Year 2006-07 Adopted Budget.
OBJECTIVE: That the Board of County Commissioners adopts the attached resolution and
the related amendments that amend thc Fiscal Year 2006-07 adopted budget in accordance
with Section 129.06, Florida Statutes.
CONSIDERATIONS: Section 129.06, Florida Statutes defines how an annual budget, as
adopted by the Board, can be amended. Budget amendments that increase the total
appropriations of a fund over the adopted annual budget may be approved by resolution of the
Board of County Commissioners after an advertised public hearing, Budget amendments
requiring such approval include the appropriation of carry forward, interfund transfers, and
supplemental revenue.
This is a public hearing to amend the budget for Fiscal Year 2006-07. The budget can be
amended up to 60 days after the close of the fiscal year. Each of these budget amendments has
been reviewed and approved bv the Board of Countv Commissioners via separate Executive
Summaries. The County Attorney's Office has reviewed and approved the attached resolution
for legal sufficiency.
The attached resolution and the summary of the resolution have been advertised and have been
available for public review and inspection with the related budget amendments and executive
summary at the Office of Management and Budget. The amendments and summary are
included herein by reference in the resolution.
FISCAL IMPACT: The amendments and executive summaries, which were previously
considered and approved by the Board, contained their respective fiscal impact statements.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact
associated with this Executive Summary,
RECOMMENDATION: That the Board adopts the attached resolution amending the Fiscal
Year 2006-07 adopted budget.
Prepared by: Michael Smykowski, OMB Director
RESOLUTION NO, 07-BAR-
Aoenda Item No. 17E
" October 23, 2007
Page 2 of 12
A RESOLUTION PURSUANT TO SECfION 129.06(2), FLORIDA STATUTES,
TO AMEND THE BUDGET FOR THE 2006-07 FISCAL YEAR.
WHEREAS, Section 129.06(2), Florida Statutes, provides that the Board of COWlty Commissioners (hereinafter also
referred to as "Board") at any time within a fiscal year may amend a budget for that year, and provides the procedures
therefor; and
WHEREAS. the Board of County Conumssioners of Collier County, Florida, has received copies of budget
amendments which provide for but are not limited to: anticipated carry forward, unanticipated revenue, and/or receipts of a
nature from a source not anticipated in the budget and received fOf a particular purpose; appropriations fOf expenditures in
particular funds that should be decreased and other appropriations in the same fund that should be correspondingly
increased; appropriations from the reserve for contingencies; appropriations from the reserve for future construction and
improvements; and increased receipts fOT enterprise or proprietary funds received for a particular purpose; and
WHEREAS, the Board has determined that it is appropriate to amend the Budget for Fiscal Year 2006-07 by
resolution pursuant to Section 129.06, Florida Statutes.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY CO:MMlSSIONERS OF COLLIER
COUNTY, FLORIDA, that the budget amendments to the FY 2006~07 Budget described below are approved and hereby
adopted and the FY 2006-07 Budget is so amended.
INCREASE
(DECREASE)
CARRY
FORWARD INCREASE
BUDGET OR INCREASE INCREASE INCREASE (DECREASE)
AMENDMENT 1NTERFUND (DECREASE) (DECREASE) (DECREASE) lNTERFUND
FUND NUMBERS TRANSFERS RECEIPT EXPENDmJRE RESERVES TRANSFERS
325 07~014 529,000 529,000
490 07-021 1,490,400 1,508,580 (18,180)
385 07-033 2,908,400 2,908,400
350 07-044 185,000 185,000
313 07-057 93,277 97,889 97,889 93,277
390 07-072 329,400 149,400 180,000
301 07-078 300,000 400,000 (100,000)
114 07.092 108,150 108,150
114 07-095 140,000 140,000
114 07-097 92,789 11,625 104,414
355 07.098 1.429,100 1.429,100
516 07-100 533,500 533,500
620 07~104 14,048 18,048 (4,000)
410 07~]06 112,290,300 106,907,440 5,382,860
415 07-107 65,248,650 65,248,650
001 07~1l2 1,429,100 1,429,100
-1-
INCREASE
(DECREASE) Agenda Item No. 17E
CARRY October 23. 2007
FORWARD INCREASE Page 3 of 12
BUDGET OR INCREASE INCREASE INCREASE (DECREASE)
AMENDMENT lNTERFUND (DECREASE) (DECREASE) (DECREASE) INTERFUND
FUND NUMBERS TRANSFERS RECEIPT EXPENDITIJRE RESERVES TRANSFERS
101 07-146 79,929 79,929
116 07.154 8,000 14,000 22,000
306 07-157 600,000 600,000
336 07-179 1,581,660 1,581.660
495 07-180 91,400 91,400
306 07.189 274,600 274,600
313 07-216 1,148,493 1,148,493
001 07-217 15,500 15,500
301 07-226 936,900 936,900
301 07-228 270,500 270,500
101 07-237 40,000 40,000
195 07.238 40,000 40,000
118 07-248 3,410 64,771 68,181
112 07-253 6,697 6,697
III 07-289 6,000 6,000
118 07-292 1,675 1,675 3,350
187 07.298 350,000 350,000
521 07.303 530,000 530,000
630 07-310 936,900 936,900
118 07.314 1,670 1,671 3,341
408 07-320 40,158 40,158
313 07-329 250,000 250,000
001 07.362 6,000,000 6,000,000
313 07~363 6,000,000 6,000,000
232 07-371 6,226,833 5,250,000 976,833
516 07-372 75,000 75,000
118 07-381 1,762 1,762
495 07.387 208,000 208,000
001 07.389 261,112 261,112
301 07-405 139,000 139,000
411 07-424 (15,000,000) (15,000,000)
187 07-426 425,000 425,000
516 07-428 113,100 176,900 290,000
-2.
INCREASE Agenda Itern No. HE
October 23, 2007
(DECREASE) Page 4 of 12
CARRY
FORWARD INCREASE
BUDGET OR INCREASE INCREASE INCREASE (DECREASE)
AMENDMENT INTERFUND (DECREASE) (DECREASE) (DECREASE) INTERFUND
FUND NUMBERS TRANSFERS RECEIPT EXPENDInlRE RESERVES TRANSFERS
111 07-437 117,400 110,000 7,400
111 07-439 36,000 27,900 8,100
474 07-445 40,000 40,000
001 07-455 51,959 51,959
331 07-471 1,233,316 1,233,316
333 07-472 8,716,400 8,716,400
313 07-479 500,000 500,000
187 07-505 560,000 560,000
117 07-515 5,000 5,000
473 07-545 410,500 410,500
001 07.564 159,855 159,855
301 07-577 692,200 883,400 (191,200)
220 07.583 1,565,976 1,565,976
496 07.586 2,200 2,200
001 07-612 23,971 23,971
BE IT FURTHER RESOLVED that the Clerk is hereby ordered and directed to spread this Resolution in full among
the minutes of this meeting for permanent record in his office.
'This Resolution adopted this 23rd day of October, 2007, after motion. second and majority vote.
+ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
DEPUTY CLERK
By:
JAMES COLETTA, CHAIRMAN
Approved as to form and
legal sufficiency:
David C. Weigel, County Attorney
-3-
Aqenda Item No. 17E
- October 23. 2007
COUNTY OF COLLIER Page 5 of 12
NOTICE OF PUBLIC HEARING
COLLIER COUNTY, FLORIDA PROPOSES TO AMEND
ITS FISCAL YEAR 2006-07 ADOPTED BUDGET
All interested parties are invited to attend a public hearing on this matter to be held on October 23, at 9:00 a.m, or
soon thereafter, in the County Commissioner's Boardroom, 3rd Floor, Collier County Govenunent Center, W.
Harrnon Turner Building, 3301 Tamiami Trail East, Naples, Florida.
A copy of the proposed Budget Amendment Resolution and background material will be available for public
inspection on weekdays between 8:00 a.m. and 5:00 p,m. at the Office of Management and Budget, 2nd Floor, W.
Harrnon Turner Building.
A final decision on the amendments will be made at this meeting.
Listed below are the amendments to be considered and their purpose.
Dwight E. Brock, Clerk of Courts
Board of County Commissioners
Collier County, Florida
J ames Coletta, Chairrnan
Budget
Amend.
No.
07-014
Fund
No.
325
07-021
490
07 -033
385
07-044
350
07-057
313
07-072
390
Fund Title
Storrnwater Capital
PURPOSE: To appropriate funds to support
storrnwater capital projects.
Change
Amount
$529,000
EMS $1,508,580
PURPOSE: To appropriate ambulance fee
revenue to fund contract agreement.
Capital Improvement Fund $2,908,400
PURPOSE: To appropriate loan proceeds
for the Sheriffs Special Operations building.
EMS Impact Fees $1 85,000
PURPOSE: To appropriate general fund
transfer for a replacement ambulance,
Road Construction-Gas Tax $191,167
PURPOSE: To recognize developer
contribution for pathway projects.
Gen. Government Facilities Impact Fee $329,400
PURPOSE: To increase transfer for
debt service payments,
Fund
Total
$28,167,551
$25,100,534
$22,482,737
$13,251,097
$244,016,849
$95,590,244
Agenda Item No. 17E
October 23, 2007
Page 6 of 12
Budget
Amend. Fund Change Fund
No. No. Fund Title Amount Total
07-078 301 County Wide Capital Improvement $300,000 $70,209,062
PURPOSE: To appropriate general fund
transfer for Annex Parking Garage.
07-092 114 Water Pollution Control $108,150 $3,812,450
PURPOSE: To appropriate funds from
SWFMD for water sampling agreement.
07-095 114 Water Pollution Control $140,000 $3,952,450
PURPOSE: To appropriate SWFMD
contract funds for water sampling
agreement.
07-097 114 Water Pollution Control $104,414 $4,056,864
PURPOSE: To transfer funds from Misc.
Grants to Water Pollution Control.
07 -098 355 Library Impact Fee $1,429,100 $20,878,199
PURPOSE: To appropriate general fund
transfer to increase construction budget
for Golden Gate Library expansion,
07-100 516 Property and Casualty Insurance $533,500 $17,059,700
PURPOSE: To appropriate funds to manage
the payment of Builders Risk Insurance
premiums on construction projects.
07-104 620 Freedom Memorial Fund $14,048 $18,048
PURPOSE: To appropriate revenue for
Freedom Memorial project.
07-106 410 County Water and Sewer Debt Service $112,290,300 $191,675,300
PURPOSE: To appropriate bond
proceeds for county wide sewer projects.
07-107 415 County Water/Sewer Bond Proceeds $65,248,650 $50,248,650
PURPOSE: To appropriate transfer for
county wide sewer projects.
07-112 001 General Fund $1,429,100 $397,943,181
PURPOSE: To appropriate carry forward
Golden Gate Library Expansion Project.
Agenda Item No. 17E
October 23, 2007
Budget Page 7 of 12
Amend. Fund Change Fund
No. No. Fund Title Amount Total
07-146 101 Transportation Services 579,929 524,786,116
PURPOSE: To recognize funds from
developers for the purchase of traffic counters
for PUD monitoring.
07-154 116 Miscellaneous Grants 522,000 $327,324
PURPOSE: To appropriate grant proceeds
and matching funds for the Boater Education
Program.
07-157 306 Parks Capital $600,000 $11 ,024,623
PURPOSE: To appropriate transfer to
refurbish City Hall in Everglades City.
07-179 336 District 2 Impact Fees $1,581,660 $45,409,423
PURPOSE: To appropriate impact fees
for Davis Road widening.
07-180 495 Airport Authority $91,400 $3,482,500
PURPOSE: To appropriate fuel revenue
to purchase additional fuel for resale.
07-189 306 Parks Capital Funds S274,600 $11,299,223
PURPOSE: To appropriate transfer for the
lighting retrofit of Eagle Lakes Park.
07-216 313 Gas Tax $1,148,493 $245,165,342
PURPOSE: To appropriate transfer for the
Transit Operations Facility renovations.
07-217 001 General Fund $15,500 $397,958,681
PURPOSE: To appropriate reimbursements
for on-site grant training.
07-226 301 County Wide Capital Projects S936,500 $71,145,562
PURPOSE: To appropriate General Fund
transfer for irrigation system and chiller
plant improvements.
07-228 301 County Wide Capital Projects $270,500 $71,416,062
PURPOSE: To appropriate transfer for the
SAP System upgrade.
07-237 101 Transportation Services $40,000 $24,826,116
PURPOSE: To appropriate transfer for the
purchase of sandbagging equipment/supplies.
Agenda Item I'Jo. 1YE
October 23, 2007
Budget Page 8 of 12
Amend. Fund Change Fund
No. No. Fund Title Amount Total
07-238 195 Beach Renourishment $40,000 $11,425,855
PURPOSE: To appropriate transfer to
perform a Sea Grass Study ofIower Clam Bay.
07-248 118 Emergency Management Grants $68,181 $319,709
PURPOSE: To appropriate grant funds and
matching funds to purchase new breathing apparatus.
07-253 112 Landscape Projects $6,697 $12,739,893
PURPOSE: Accept contributions for
replacement of irrigation and plant material.
07-289 III Unincorporated Area General Fund $6,000 $58, I 78,520
PURPOSE: To appropriate fees to pull
potential homeowners' credit reports,
07-292 118 Ochopee Fire $3,350 $323,059
PURPOSE: To appropriate grant and
matching funds to purchase VHF radios.
07-298 187 Bayshore/Gateway eRA $350,000 $4,556, I 00
PURPOSE: To appropriate loan proceeds
for land acquisition.
07-303 521 Fleet Management $530,000 $8,957,471
PURPOSE: To appropriate parts revenue
for the repair and maintenance of county
vehicles.
07-310 630 Country Side Noise Wall $936,900 $936,900
PURPOSE: To appropriate funds for the
construction of a privacy wall.
07-314 118 Emergency Management Grants $3,341 $326,400
PURPOSE: To appropriate grants and
matching funds to purchase wild land firefighting
equipment.
07-320 408 Water Sewer Operating Fund $40,158 $127,059,375
PURPOSE: To appropriate funds to transfer
one FTE from Solid Waste to Public Utilities
Financial Operations,
07-329 313 Gas Tax $250,000 $245,415,342
PURPOSE: To appropriate transfer to
evaluate the conditions of five Collier County
bridges.
Agenda Item No. 17E
October 23, 2007
Page 9 of 12
Budget
Amend. Fund Change Fund
No. No. Fund Title Amount Total
07-362 001 General Fund $6,000,000 $403,958,681
PURPOSE: To appropriate carry forward
to be used for the road program.
07-363 313 Gas Tax Capital Fund $6,000,000 $251,415,342
PURPOSE: To appropriate transfer
to be used for the road program.
07-371 232 Pine RidgefNaples Production Park Debt $6,226,833 $10,594,733
PURPOSE: To fund the payoff of the
remaining outstanding debt service.
07-372 516 Property and Casualty Insurance $75,000 $17,134,700
PURPOSE: To provide funding for
actuarial support services to the group
Fight Against Insurance Rates (FAIR).
07-381 118 Emergency Management Grants $1,762 $328,162
PURPOSE: To appropriate miscellaneous
revenue for travel expenses for hum cane
preparedness.
07-387 495 Airport Authority $208,000 $3,690,500
PURPOSE: To appropriate revenue to
purchase additional fuel for resale.
07-389 001 General Fund $261,112 $404,219,793
PURPOSE: To appropriate operating
revenues to cover expenses at Cocohatchee
Marina,
07 -405 301 County Wide Capital Projects $139,000 $71,555,062
PURPOSE: To appropriate loan proceeds
for 800 MHZ vehicle/personnel locator system,
07-426 187 Bayshore Gateway Triangle CRA $425,000 $4,981,100
PURPOSE: To appropriate loan proceeds
for property acquisition.
07-428 516 Property and Casualty Insurance $290,000 $17,424,700
PURPOSE: To appropriate funds to cover
the cost oflitigation settlement.
07-437 III MSTD General Fund $117,400 $58,295,920
PURPOSE: To appropriate fees to pay for
Summer Camp Programs.
Agenda Item No. 17E
October 23, 2007
Budget Page 10 of 12
Amend. Fund Change Fund
No. No. Fund Title Amount Total
07-439 III MSTD General Fund $36,000 $58,331,920
PURPOSE: To appropriate fees to pay for
Summer Camp Programs,
07-445 474 Solid Waste Capital Projects Fund $40,000 $15,349,876
PURPOSE: To appropriate transfers to
purchase software for landfill operations,
07-455 001 General Fund $51,959 $404,271,752
PURPOSE: To appropriate transfer to pay
salary expenses due to reorganization.
07-471 331 Road hnpact Fee District 1 $1,233,316 $36,114,158
PURPOSE: To appropriate impact fees
for six lane improvements on Collier Blvd.
07-472 333 Road hnpact Fee District 2 $8,716,400 $33,126,443
PURPOSE: To appropriate impact fees for
six lane improvements on Collier Blvd.
07-479 313 County Road Construction Gas Tax $500,000 $251,915,342
PURPOSE: To appropriate funds for the
east of CR951 Corridor Study,
07-505 187 Bayshore/Gateway Triangle CRA $560,000 $5,541,100
PURPOSE: To appropriate loan proceeds
for property acquisition,
07-515 117 Natural Resources Grants $5,000 $161,688
PURPOSE: To appropriate transfer for
derelict vessel removal.
07-545 473 Mandatory Trash Collection $410,510 $18,742,697
PURPOSE: To appropriate funds for
trash collection due to more customers
for curbside collection than anticipated.
07-564 001 General Fund $159,855 $404,431,607
PURPOSE: To appropriate revenues to
reimburse custodial services for special
services.
07-577 301 County Wide Capital Projects $686,495 $72,241,557
PURPOSE: To appropriate funds to
meet the 2007 deadline for voting
equipment.
Budget
Amend.
No.
07-583
07-586
07-612
Fund
No.
220
496
001
Fund Title
Caribbean Gardens General Obligation
Bonds
PURPOSE: To appropriate transfer of
grant funds to pay down Naples Zoo debt.
Airport Authority Grants
PURPOSE: To appropriate transfer Marco
Island Fuel Farrn improvements to comply
with local fire codes.
General Fund
PURPOSE: To appropriate building
maintenance reimbursement revenue for
personal services.
Change
Amount
$1,565,976
$2,200
$23,971
Agenda Item No. 17E
October 23, 2007
Page 11 of 12
Fund
Total
$14,615,976
$6,240,403
$404,455,578
Page I of i
Agenda Item No. l7E
October 23, 2007
Page 12 of 12
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date:
1iE
Recommendation to adopt a resolution approving amendments (appropriating carry forward,
transfers and supplemental revenue) to the Fiscal Year 2006-07 Adopted Budget
10/23/20079:00:00 AM
/
Item Number:
Item Summary:
AIJprO\'ed Hy
OMS Coordinator
Applications Analyst
Date
Administrative Servicf';!s
Information Technology
10/15/20073;38 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Mllnager's Office
Office of Management & Budget
10/15/20075:48 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissiollers
COLlnty Manager's Office
10/16f2007 4:00 PM
