Agenda 11/13/2007 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
AGENDA
November 13, 2007
9:00 AM
Jim Coletta, Bee Chairman, District 5; CRAB Vice-Chairman
Tom Henning, BCC Vice- Chairman, District 3
Donna Fiala, Bee Commissioner, District 1; CRAB Chairman
Frank Halas, Bee Commissioner, District 2
Fred W. Coyie, BCC Commissioner, District 4
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO
SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE
PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL
RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
COLLIER COUNTY ORDINANCE NO, 2003-53, AS AMENDED BY ORDINANCE 2004-05 AND 2007-24,
REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS),
REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS
DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE
SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS
PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF
THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY
AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO
PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE
PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112,
(239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1 :00 P.M.
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1. INVOCATION AND PLEDGE OF ALLEGIANCE
2. AGENDA AND MINUTES
A. Approval of to day's regular, consent and summary agenda as amended. (Ex Parte Disclosure
provided by Commission members for consent and summary agenda.)
B. October 10, 2007 - BCC/PUD Audit Workshop
C. October 11, 2007 - BCC/LDC Meeting
D. October 12,2007 - Value Adjustment Board Regular Meeting
E. October 16, 2007 - BCC/LDC Special Meeting
F. October 17, 2007 - Value Adjustment Board Special Magistrate
G. October 18, 2007 - Value Adjustment Board Special Magistrate
H. October 19, 2007 - Value Adjustment Board Special Magistrate Meeting with Special Magistrate
Bush
I. October 19, 2007 - Value Adjustment Board Special Magistrate Meeting with Special Magistrate
Pelletier
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
4. PROCLAMATIONS
A. Proclamation for the Collier County Medical Society. To be accepted by Michael G. Caputo, MD
B. Proclamation for Farm-City Week to be accepted by: Bart Zino, BBQ Co-Chair and Cecil and
Rita Howell.
C. Proclamation for America Recycles Day in Collier County to be received by Dan Rodriguez,
Director, Solid Waste and John Yonkosky, Director, Utility Billing and Customer Service.
D. Proclamation for National Hunger and Homelessness Awareness Week to be accepted by Vann
Ellison, Chairman of the Collier County Hunger and Homeless Coalition.
E. Proclamation for Naples Unchained Day to be accepted by Lisa Boet, Founder and President of
Naples Originals.
5. PRESENTATIONS
A. Contractor Presentation - Collier County Emergency Services Center; Project 52160; Kraft
Construction CM at Risk Contract
6. PUBLIC PETITIONS
A. Public petition request to discuss Code Enforcement Order to demolish home at 1318 South
Pear Street, Immokalee.
B. Public Petition request from Pastor William A. Kirlew to seek an impact fee credit.
C. Public Petition request from Susan L. Thompson to discuss the amended Willow West
Stormwater Improvement Project.
D. Public Petition request from William L. Klohn to address recommendation of the Affordable
Housing Commission.
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Item 7 and 8 to be heard no sooner than 1 :00 p.m., unless otherwise noted.
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
A. This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members.PUDA-2007-AR-11283 (NG) Wing South, Inc., represented by Heidi
Williams, AICP of Q. Grady Minor and Associates, P.A., requesting an amendment of the
ShadowWood Planned Unit Development (PUD) Ordinance No. 82-49 to increase the number of
single family dwelling units from 11 units to a maximum of 16 units by increasing the Single
Family Residential (Tract B) from 3.7 acres to 5.68 acres and reducing the acreage of the
Private Air Park district (Tract C) from 37.8 acres to 35.82 acres. The subject property is located
along the north side of Rattlesnake-Hammock Road, approximately one mile west of Collier
Boulevard (CR 951), northeast of the intersection of Rattlesnake-Hammock Road and Skyway
Drive, in Section 16, Township 50 South, Range 26 East, Collier County, Florida.
B. This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members.PUDZ-A-2006-AR-9374 Naples Reserve, LLC, represented by Dwight
Nadeau, of RWA, Inc., and Richard D. Yovanovich, of Goodlette, Coleman & Johnson, P.A.
requesting a rezone from a Planned Unit Development (PUD) to a Residential Planned Unit
Development (RPUD) for a project known as the Napies Reserve Golf Club RPUD in order to
add 602 units to the previously approved maximum of 552 units, for a total of 1154 residential
units, eliminating the commercial acreage and 18 holes of the 36 hole golf course. The subject
property, consisting of 688.1 acres, is located one mile north of US 41 and 1 112 miles east of
CR 951 at 10097 Greenway Road, in Section 1, Township 51 South, Range 26 East, Collier
County, Florida. (Companion to Item 10C)
C. This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members.PUDA-2006-AR-10333, Stock Development LLC, represented by Richard
D.Yovanovich of Goodlette, Coleman and Johnson, P.A., is requesting an amendment to the
Lely, A Resort Community PUD to affect Phase 1 Tract 4 only. The amendment proposes a
strike thru and underline of the existing PUD document to (1) amend Section 2.07: Permitted
Variations of Dwelling Units - to exceed a variation of 20 percent of unit types, and (2) amend
Section 5.02: Permitted Uses and Structures, to add up to 175 residential dwelling units, C-2
and C-3 uses, inorder to (3) provide for a mixed-use project. The subject property is located at
the intersection of Triangle Boulevard and Tamiami Trail (US 41), in Section 34, Township 50,
Range 26, Naples, Collier County, Florida.
D. This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. Petition: PUDZ-2006-AR-9577 Page VI, LLC, represented by Tim
Hancock, AICP of Davidson Engineering, Inc., is requesting a Planned Unity Development
(PUD) Rezone for the Della Rosa RPUD. The rezoning request is to rezone from Rural
Agriculture (A) and Special Treatment (ST) Overlay zoning district to the Residential Planned
Unit Development (RPUD) zoning district. The proposed RPUD is located within the Urban
Mixed Use District which allows for a base residential density of 4 units an acre and the Growth
Management Plan (GMP) infill provision allows for a maximum of three (3) additional units an
acre. The RPUD proposes a density of up to seven (7) units an acre, for a total maximum of 107
multi-family residential dwelling units. The subject property consist of 15.38 acres and is
located on the east side of Livingston Road, approximately 2 miles north of Immokalee Rd, in
Section 13, Township 48 South, Range 25 East, Collier County, Florida.
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9. BOARD OF COUNTY COMMISSIONERS
A. Discussion by the Board members to consider delaying the increase in impact fees for
approximately 6 months from January 2008. This request originates from correspondence
received November 2, 2007 from The Greater Naples Chamber of Commerce President, Michael
Reagen. The delay may benefit the current struggling building industry and provide incentive
for the county's economy. (Commissioner Tom Henning)
B. Appointment of member to the Environmental Advisory Council.
C. Recommendation to declare 2 vacancies on the Immokalee Master Plan and Visioning
Committee.
D. Confirmation of appointment to the Collier County Planning Commission.
E. Appointment of member to the Parks and Recreation Advisory Board.
F. Board discussion regarding Commissioner Henning's resignation from the Canvassing Board
of the Special Election.
G. This item to be heard at 10:00 a.m. To initiate a discussion with the Board to get further
direction and clarification regarding the County Attorney Recruitment Service Contract.
10. COUNTY MANAGER'S REPORT
A. Recommendation to award Bid No. 07.4187 to D.N. Higgins, Inc., for the purchase and
installation of two sand separator units for the North and South County Regional Water
Treatment Plants (NCRWTP and SCRWTPj in the base bid amount of $1,442,800 and to approve
the necessary Budget Amendment, Project 71052. (Oscar Martinez, Sr. Project Manager, Public
Utilities)
B. 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 Collier Boulevard from the Golden Gate Main
Canal to Golden Gate Boulevard and portions east on White Boulevard and west on Pine Ridge
Road. Project No. 68056. Estimated fiscal impact: $8,927,000.00. (Jay Ahmad,
Transportation/ECM Director)
C. Recommendation to approve a Developers Contribution Agreement (DCA) between Naples
Reserve, LLC, Kite Eagle Creek II, LLC, KRG Eagle Creek IV, LLC, KRG 951 & 41, LLC, Tousa
Homes, Inc., Naples Golf Development, LLC, ABC Liquors, Inc., Naples South, LLC, NBC RV,
LLC, NBC Land Holdings, LLC, Naples Big Cypress Market Place Limited Partnership, LLLP,
Southern Development Company, Inc., RealtyNet Real Estate, LLC, Habitat for Humanity of
Collier County, Inc., and MCKK Property Acquisitions, LLC (The Developers) and Collier County
to construct improvements to the intersection of US41 with SR-CR951 and to construct a four
lane road from this intersection continuing east on US41 for approximately two miles.
(Companion to Item 8D) (Nick Casalanguida, Transportation/Planning Director and Jeff
Klatzkow, Assistant County Attorney)
D. Recommendation that the Board of County Commissioners provide direction to the County
Attorney and the County Manager, or his designee, related to desired changes to the Charitable
Organization Impact Fee Deferral Program (Amy Patterson, Impact Fee/EDC Manager,
Community Development & Environmental Services Division)
E. Recommendation to approve a Professional Services Agreement with HDR Engineering Inc., in
the amount of $1,497,100.00 pursuant to RFP #07-4144 for engineering design and construction
oversight services related to the construction of the North County Regional Water Treatment
Plant 2-MGD Reverse Osmosis Expansion, Project Number 710022. (Tom Chmelik, Sr. Project
Manager, Public Utilities)
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11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
A. Recommendation that the Board of County Commissioners consider adoption of a Resolution
Superseding Resolution No. 98-498 Establishing a Uniform Policy Imposing Fees for the
Inspection, Examination and Duplication of Public Records Pursuant to Section 119.07, Florida
Statutes.
B. This item to be heard at 4:00 p.m. Recommendation that the Board of County Commissioners
approve a request from Mayor Hamilton and Ivey House of Everglades City for a Festival I
Camping Permit to allow for a two-day camping and tourism event in the vicinity of Everglades
City from December 1617, 2007.
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY
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 final acceptance of the water and utility facilities for Andalucia.
2. To accept final and unconditional conveyance of the water utility facility for The Meadows at
Quail Creek.
3. Recommendation to approve final acceptance of the water and sewer utility facilities for Indigo
Preserve.
4. Recommendation to approve final acceptance of the sewer utility facility for Regency
Autohaus.
5. Recommendation to approve final acceptance of the water and sewer utility facilities for
Heritage Bay Road and Sales Trailer
6. Recommendation to approve final acceptance of the water and sewer utility facilities for Gusto
Bella Vita.
7. Recommendation to approve final acceptance of the water and sewer utility facilities for
Santorini Villas.
8. This item requires that ex parte disclosure be provided by Commission Members. Should a
hearing be held on this item, all participants are required to be sworn in. Recommendation to
approve for recording the final plat of Sandalwood, approval of the standard form Construction
and Maintenance Agreement and approval of the amount of the performance security.
9. Recommendation to approve the Release and Satisfactions of Lien for payments received for
the following Code Enforcement actions.
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10. Recommendation that the Board of County Commissioners approve the replacement of an
existing Subordination Acknowledgement for a lien held by Collier County pursuant to Collier
County Ordinance No. 2003-61 due to a change in lender.
11. Recommendation that the Board of County Commissioners approve an impact fee
reimbursement for Davis Crossings VIII, LLC totaling $302,326.84, due to the overpayment of
Transportation Impact Fees
12. The petitioner, Irvine Dubow, is requesting approval of an Access Agreement to permit a 5.7-
foot wide (tapering to 0.5 feet) encroachment into a ten-foot drainage easement in order to
rebuild a screen cage enclosure for property located at 5901 Almaden Drive, described as the
Vineyards Sonoma Lake subdivision, Unit 1, Lot 26, in Section 8, Township 49 South, Range 26
East, Collier County, Florida.
B. TRANSPORTATION SERVICES
1. Recommendation to approve Change Order #4 to add $726,246.00 for continuing Inspection
Services for Aim Engineering & Surveying, Inc. under ITN 04-3583 CEI Services for Collier
County Road Projects for Project No. 63051 Vanderbilt Beach Road from Airport Road to Collier
Boulevard.
2. Recommendation to Approve the purchase of 2.5 acres of improved property (Parcel No. 199)
of which approximately 0.379 acres is required for the construction of the Vanderbilt Beach
Road Extension Project No. 60168 (Fiscal Impact: $406,600.00)
3. Recommendation to approve a Resolution which authorizes the Chairman to execute
Amendment No.1 to Florida Department of Transportation Joint Project Agreement FM
#1 g5403-2, increasing the funding available for Ethernet conversion and extending the project
deadline to June 30, 2008.
4. Recommendation to approve release of 50% of retainage in exchange for dismissal with
prejudice of the claim for retainage plus accrued interest and costs filed in the lawsuit entitled
John Carlo, Inc., vs. Collier County, Florida, Case No. 07-2797-CA.
5. Recommendation to award Bid No. 08-5000, Victoria Park West Stormwater Outfall
Improvements to Mitchell & Stark Construction Co. Inc. in the amount of $427,310.00; Project
511371.
6. Recommendation to approve a design modification to the interchange of 1-75 and Immokalee
Road.
7. Recommendation to adopt a Resolution and approve submittal of a Highway Beautification
Grant to the State of Florida Highway Beautification Council for landscaping on 951 (Manatee
Road to Mainsail Drive) in unincorporated Collier County.
C. PUBLIC UTILITIES
1. Recommendation to approve as ex-officio the governing Board of the Collier Cou nty Water-
Sewer, to subordinate its utility easement rights along U.S. 41, Section No. 03010-2542, to
Florida Department of Transportation for purposes of road construction.
2. Recommendation to Award Bid # 07-4191 Annual Contract for Emergency & Scheduled Sewage
Hauling to Southern Sanitation, Inc. in the Estimated Amount of $70,000
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3. Recommendation to approve a budget amendment to transfer funds in the amount of $900,000
from East Central Water Reclamation Facility Project to the Northeast Irrigation Quality Pipeline
Project, to fund a subsequent change order # 08 to Transportation contracts with APAC
Southeast, Inc. # 02-3419lmmokalee Road Six Lane Widening from CR951 to 43rd Avenue NE
and Johnson Engineering contract 04 -3583 Professional CEI Services for Immokalee Road Six
Lane Widening from CR951 to 43rd Avenue NE to install 9,720 linear feet of Irrigation Quality
pipe from Collier Boulevard to the east along Immokalee Road, Project 74311.
4. Recommendation to approve a Commercial Demand Reduction Rider (COR) Agreement with
Florida Power & Light Company (FP&L) for the electrical service to the South County Regional
Water Treatment Plant (SCRWTP) reverse osmosis treatment system for a potential annual
savings of more than $70,000.
5. Recommendation to approve of the purchase and installation of four Allen-Bradley Variable
Frequency Drives in the amount of $464,585.00 for the Carica Pump Station VFD and Electrical
System Upgrades, Project Number 710601.
6. Recommendation to award Bid No. 08-5010 to JWC Environmental for the purchase of two
,replacement channel screen systems at the South County Water Reclamation Facility in an
amount not to exceed $370,250.00 under Project No. 73969.
D. PUBLIC SERVICES
1. Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Marco Bay Homes, LLC (BUILDER) and Collier County
Housing Development Corporation (DEVELOPER) for deferral of 100% of Collier County impact
fees for an owner-occupied affordable housing unit located at Parcel 73 East, Copeland.
2. Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer)
for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 131, Trail Ridge.
3. Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer)
for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 132, Trail Ridge.
4. Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer)
for deferral of 100% of Collier County impact fees for an owner-occupied affordabie housing
unit located at Lot 133, Trail Ridge.
5. Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Habitat for Humanity of Coliier County, inc. (Deveioper)
for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 134, Trail Ridge.
6. Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Habitat for Humanity of Coliier County, Inc. (Developer)
for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 135, Trail Ridge.
7. Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer)
for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 136, Trail Ridge.
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8. Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer)
for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 137, Trail Ridge.
9. Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer)
for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 138, Trail Ridge.
10. Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer)
for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 155, Trail Ridge.
11. Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer)
for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 156, Trail Ridge.
12. Recommendation to approve Change Order No.1 in the amount of $85,900 for additional
design services for Big Corkscrew Island Regional Park (a/kia Orangetree Regional Park) under
Work Order No. WMI-FT-3290-06-03 to Wilson Milier.
13. 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.
14. Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Lennar Homes LLC (Developers) for deferral of 100%
of Collier County impact fees for an 8 unit owner-occupied affordable multi-family housing
units located in a parcel of land in Section 23, Township 48 South, Range 26 East Collier
County, Tract E, Heritage Bay Commons (9055 Gervais Circle) and authorizes a reimbursement
of the fees paid by the developer on Building Permit 2007041638 in the amount of $146,064.64.
15. Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Lennar Homes LLC (Developers) for deferral of 100%
of Collier County impact fees for a 10 unit owner-occupied affordable multi-family housing
units located in a parcel of land in Section 23, Township 48 South, Range 26 East Collier
County, Tract E, Heritage Bay Commons (9051 Gervais Circle) and authorizes a reimbursement
of the fees paid by the developer on Building Permit 2007061061 in the amount of $184,888.18.
16. Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Leonardo Diaz Paret and Riselda Diaz Lujan (Owners)
for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 117, Trail Ridge.
17. Recommendation to approve and authorize the chairman to sign an an agreement between
Collier County Parks and Recreation and the Early Learning Coalition and to authorize the
Director of Parks and Recreation to sign in subsequent years.
18. Recommendation to approve the submittal of the attached University of Florida Family
Nutrition Program grant in the amount of $208,895 to provide nutrition education throughout
Collier County.
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19. Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement and Tri-Party agreement with Crestview Park II, Ltd.
(Developer) for deferral of 100% of Collier County impact fees, in the amount of $1,208,596.45,
for a 96 unit multi-family affordable rental housing project located at Crestview Park
Apartments, Phase II.
20. Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Dezilia Vital (Owner) for deferral of 100% of Collier
County impact fees for an owner-occupied affordable housing unit located at Lot 19, Trail
Ridge.
21. Recommendation to approve Conveyance Agreement with the School District of Collier County
Florida and the Board of County Commissioners for construction of a utility building and chiller
plant for the Immokalee Career Center (ICC).
22. Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Fresnel Gabriel and Solange Gabriel (Owners) for
deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit
located at Lot 125, Trail Ridge.
23. Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Vivian Alonso (Owner) for deferral of 100% of Collier
County impact fees for an owner-occupied affordable housing unit located at Lot 127, Trail
Ridge.
24. Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Lennar Homes LLC (Developer) for deferral of 100% of
Collier County impact fees for an 8 unit owner-occupied affordable multi-family housing units
located in a parcel of land in Section 23, Township 48 South, Range 26 East Collier County,
Tract E, Heritage Bay Commons (9059 Gervais Circle).
25. This item continued from the October 23, 2007 BCC Meeting. 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.
26. This item was continued from the October 23, 2007 BCC Meeting. 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
S1. Matthews House, Inc. for hurricane hardening of its shelter.
27. This item continued from the October 23,2007 BCC Meeting. 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 compiex for legal migrant and
seasonal farmworkers in Immokalee.
28. This item was continued from the October 23, 2007 BCC Meeting. 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.
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29. This item was continued from the October 23, 2007 BCC Meeting. 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.
30. This item was continued from the October 23, 2007 meeting. 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 $664,000.00 to
Immokalee NonRProfit Housing, Inc., for hurricane hardening to the Sanders Pines and Timber
Ridge rental apartment complexes in Immokalee.
31. Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Marco Bay Homes, LLC (BUILDER) and CDJ
Investments, LLC (DEVELOPER) for deferral of 100% of Collier County impact fees for an
owner-occupied affordabie housing unit located at West 75 of the East 150 of Tract 23, Unit 47,
Golden Gate Estates.
32. Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Marco Bay Homes, LLC (BUILDER) and CDJ
investments, LLC (DEVELOPER) for deferral of 100% of Collier County impact fees for an
owner-occupied affordable housing unit iocated at East 75 of the East 150 of Tract 40, Unit 79,
Goiden Gate Estates.
33. This item was continued from the October 23, 2007 BCC Meeting. 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.
34. This item continued from the October 23, 2007 BCC Meeting. 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.
35. This item was contined from the October 23, 2007 BCC Meeting. 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.
36. This item was continued from the October 23, 2007 BCC Meeting. 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.
37. Recommendation to approve a Domestic Animal Services Donation Trust Fund Budget
Amendment in the amount of $8,600 to Recognize Carryforward Revenues from FY2007
10 of 15
E. ADMINISTRATIVE SERVICES
1. Recommendation to approve a Lease Agreement with Palm Lake Investments for the State of
Floridas Conflict Resolution Office with a first years rent of $32,190.
2. Recommendation to approve the entry into a Lease Agreement for the existing Confined Space
Gas Monitor System Countywide that will result in a savings of approximately $27,212.64 to the
County, as compared to current program costs.
3. Recommendation to approve a Hazard Mitigation Grant Program (HMGP) agreement between
the State of Florida Division of Emergency Management and the County for a Multi-Structure
Shutter Project and approve the associated budget amendment.
4. Recommendation to amend the previously approved carry forward budget amendment to
recognize $555,035.85 in funds appropriated and encumbered for the purchase of three
ambulances ordered, but not received in the 2007 fiscal year.
5. Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-
Approved Contracts.
6. Recommendation to authorize the conveyance of an Easement to Florida Power and Light
Company (FPL) for the installation of electric facilities to provide electric service for the
Emergency Services Center and the South Regional Library located on Lely Cultural Parkway,
at a cost not to exceed $27.00, Projects 52160-3 and 54003.1.
F.COUNTY MANAGER
1. That The Board Of County Commissioners Of Collier County, Florida, As The Governing Board
of Isles of Capri Municipal Rescue and Fire Services Taxing District Adopt a Resolution
Accepting a Donation of a 25-Foot Boston Whaler Challenger With Trailer From Capri Fire And
Marine Rescue Benefactors Inc., a Nonprofit 501 c3 Corporation, as a Valid Public Purpose.
2. Recommendation to approve the necessary budget amendment in the amount of $58,000 to
purchase equipment to outfit fire apparatus.
3. That the Board of County Commissioners, as the Governing Board of the Ochopee Fire Control
District, adopt a Resolution accepting a donation in the amount of $9,014.31, and any
subsequent distributions, from the Estate and/or Trust of Della E. Reynolds on behalf of the
Ochopee Fire Control District.
4. Recommendation to adopt a resolution approving budget amendments (appropriating grants,
donations, contributions or insurance proceeds) to the Fiscal Year 2006-07 Adopted Budget.
5. Recommendation to adopt a Resolution authorizing the borrowing of an amount not to exceed
$1,323,000, from the Pooled Commercial Paper Loan Program of the Florida Local Government
Finance Commission pursuant to the loan agreement between the Board of County
Commissioners and the Commission in order to finance the purchase of a radio location
system; authorizing 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.
11 of 15
6. Recommendation to adopt a Resolution authorizing the borrowing of an amount not to exceed
$4,509,000 from the Pooled Commercial Paper Loan Program of the Florida Local Government
Finance Commission pursuant to the loan agreement between the Board of County
Commissioners and the Commission in order to finance the upgrade to the 800 MHz Radio
System; authorizing 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 nonaad 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.
7. Recommendation to adopt a Resolution authorizing the borrowing of an amount not to exceed
$2,642,000 from the Pooled Commercial Paper Loan Program of the Florida Local Government
Finance Commission pursuant to the loan agreement between the Board of County
Commissioners and the Commission in order to finance the construction of the Collier County
Fleet Facility; authorizing 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.
8. Recommendation to adopt a Resolution authorizing the borrowing of an amount not to exceed
$4,693,000 from the Pooled Commercial Paper Loan Program of the Florida Local Government
Finance Commission pursuant to the loan agreement between the Board of County
Commissioners and the Commission in order to finance the construction of the Golden Gate
Library Expansion; authorizing 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.
9. Recommendation to officially approve Collier County's 2008 State Legislative Priorities and
direct the Commission Chairman to present them to the Collier County Legislative Delegation
on November 28, and direct the County Manager to provide them to the county's state lobbyist
who will represent the county's interests in Tallahassee through the 2008 Legislative Session.
10. Recommendation to the Board of County Commissioners to authorize the preparation of a
Capital Improvement Plan for the Immokalee Urban Designated Area. (Companion item to 16G1
and to be considered following action on 16G1)
G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY
1. To obtain Community Redevelopment Agency approval of the recommendation of the Immokalee
Master Plan and Visioning Committee and Immokalee Local Redevelopment Advisory Board to
authorize the preparation of a capital improvement Plan (Companion to 16F10)
H. BOARD OF COUNTY COMMISSIONERS
1. Commissioner Fiala requests Board approval for reimbursement for attending a function
serving a valid public purpose. Will attend The Friends of the Library's 50th Anniversary Gala
Celebration on Friday, November 30th and Sunday, December 2, 2007, at the Collier County
Library Headquarters; $200.00 to be paid from Commissioner Fiala's travel budget.
12 of 15
2. Commissioner Fiala requests Board approval for reimbursement for attending a function
serving a valid public purpose. Attended the 20th Anniversary Celebration & Conference of
Dawn Litchfield and Dennis Nelson on Wednesday, November 7, 2007, at the Naples Beach
Hotel; $50.00 to be paid from Commissioner Fiala's travel budget.
3. Commissioner Fiala requests Board approval for reimbursement for attending a function
serving a valid puplic purpose. Attended the League of Women Voters of Collier County
October Luncheon on Monday, October 15, 2007, at the Collier Athletic Club; $20.00 to be paid
from Commissioner Fiala's travel budget.
4. Commissioner Fiala requests Board approval for reimbursement for a function serving a valid
public purpose. Will attend The Salvation Army's Red Kettle Campaing 2007 Luncheon on
Friday, November 16, 2007, at The Vineyards Country Club; $35.00 to be paid from
Commissioner Fiala's travel budget.
5. Commissioner Fiala requests Board approval for reimbursement for attending a function
serving a valid public purpose. Will attend the EDC Pre-Legislative Lunch on Wednesday,
November 28,2007 at the Club at the Strand; $40.00 to be paid from Commissioner Fiala's
travel budget.
6. Commissioner Fiala requests Board approval for reimbursement for attending a function
serving a valid public purpose. Will attend the Collier Citizen of the Year 2007 Dinner on
Thursday, November 15, 2007, at the Elks Lodge; $35.00 to be paid from Commissioner Fiala's
travel budget.
7. Commissioner Fiala requests Board approval for reimbursement for attending a function
serving a valid public purpose. Attended the United Arts Council Celebrate the Arts Month Kick
off Party on Saturday, November 10, 2007, at the Club at Naples Bay Resort; $50.00 to be paid
from Commissioner Fiala's travel budget.
8. Commissioner Fiala requests Board approval for reimbursement for attending a function
serving a valid public purpose. Will attend the 2007 Living Christmas Trees on Thursday,
December 6, 2007, at the First Baptist Church Naples; $7.50 to be paid from Commissioner
Fiala's travel budget.
9. Commissioner Coletta requests Board approval for reimbursement regarding attendance at a
function serving a valid public purpose. Attending the National Multiple Sclerosis Society
(NMSS) Naples Holiday Part on December 11,2007 at the Glades Country Club. $18.95 to be
paid from Commissioner Coletta's travel budget.
10. Commissioner Coletta requests Board approval for reimbursement regarding attendance at a
function serving a valid public purpose. Will attend the EDC Pre-Legislative Lunch on
Wednesday, November 28, 2007 at the Club at the Strand; $40.00 to be paid from Commissioner
Coietta's travel budget.
I. MISCELLANEOUS CORRESPONDENCE
1. To file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1. Request that the Board of County Commissioners Consider the Adoption of an Ordinance to
Regulate Security of Certain Convenience Store Businesses to Protect the Physical Security of
Convenience Business Retail Employees and Individuals who Patronize such Businesses.
13 of 15
2. To obtain Board approval for disbursements for the period of September 29, 2007 through
October 05, 2007 and for submission into the official records of the Board.
3. To obtain Board approval for disbursements for the period of October 06, 2007 through
October 12, 2007 and for submission into the official records of the Board.
4. To obtain Board approval for disbursements for the period of October 13, 2007 through
October 19,2007 and for submission into the official records of the Board.
5. To obtain Board approval for disbursements for the period of October 20, 2007 through
October 26, 2007 and for submission into the official records of the Board.
6. To obtain Board approval for disbursements for the period of October 27, 2007 through
November 2, 2007 and for submission into the official records of the Board.
7. Request that the Board of County Commissioners accepts and approves capital asset
disposition records for time period October 1, 2006 through September 30, 2007.
8. Recommend that the Collier County Commission endorse the United States Department of
JusticelDepartment of Treasury Federal Equitable Sharing Annual Certification Report.
9. Recommendation to approve an Interlocal Agreement for Election Services between the City of
Everglades, Collier County Board of County Commissioners and the Collier County Supervisor
of Elections to provide services and voting equipment to be used by the City of Everglades for
its election to be held on November 27, 2007, and for authorization for the Chairman of the
Board of County Commissioners to sign.
10. Recommend that the Board of County Commissioners approve the use of Confiscated Trust
Funds for Drug Abuse Education and Prevention.
11. Recommendation to Approve a Budget Amendment providing $37,000 for the Clerk of Courts to
provide Accounting/Financial Services for the Supervisor of Elections in FY 08.
K. COUNTY ATTORNEY
1. Recommendation for the Board of County Commissioners to Approve Amendment No.1 to the
Retention Agreement with the Law Firm of Garvin & Tripp, P.A. and ratify prior payments made
under the original Agreement to Garvin & Tripp, P.A. for paralegal services.
2. Recommendation to approve a Stipulated Final Judgment in the amount of $29,600.00 for the
acquisition of Parcel 739 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: $61,454.70.
3. Recommendation that the Board of County Commissioners authorize the County Attorney's
Office to make a business damage counteroffer to settle a claim for business damages by
Santa Barbara Fuels, Inc. associated with the acquisition of Parcels 104 and 604 in the lawsuit
styled Collier County v. Highland Properties of Lee and Collier Limited, et ai., Case No. 06-0563-
CA (Santa Barbara Boulevard Project #62081). (Fiscal Impact: $70,000.00, if accepted).
4. Recommendation to Approve an Agreed Order for Payment of Expert Fees and Costs in
Connection with Parcels 720, 820A, 820B and 920 in the Lawsuit Styled Collier County v.
Elhanon Combs, et ai., Case No. 03-2352-CA (Golden Gate Parkway, Project #60027) Fiscal
Impact: $27,500.00.
14 of 15
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST
MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2)
UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING
COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO
WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY
PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE
COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD;
AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE
ITEMS, WHICH ARE QUASI-JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
A. This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. VA-2007-AR-11778 (JDM) Gene Silguero of GMC Home Builders,
representing himself, requesting an after-the-fact Variance from the required minimum 25-foot
front yard setback for the Residential Multifamily - 6 (RMF-6) Zoning District as provided for in
Section 4.02.01.A. Table 2.1 of the LDC. The 0.34 acre site contains a single-family dwelling that
is currently under construction and has a 23-foot, 9-inch front yard setback. The subject
property is a corner lot located at 505 Madison Avenue, northwest of the intersection with
Glades Street, New Market Subdivision, Lot 6, Block 19, Section 33, Township 46 South, Range
29 East, Immokalee, Collier County, Florida.
B. Recommendation that Board of County Commissioners approve an ordinance amending
Section 6 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.
c. This item to be continued to the December 4, 2007 Bee special meeting due to the continuance
of this item by the Collier County Planning Commission to their November 1, 2007 meeting.
CPSP-2007.7 Transmittal of the Public School Facilities Element and support document,
Growth Management Plan amendments to the Capital Improvement Element and
Intergovernmental Coordination Eiement and Interlocal Agreement for Public School Faciiity
Planning and School Concurrency to the Florida Department of Community Affairs.
D. This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. This item continued from October 23, 2007 BCC meeting.
Recommendation that the Board of County Commissioners amend Ordinance No. 2004-58 (the
Collier County Property Maintenance Code); Amending Section Four, Definitions; Amending
Section Seven, Rental Registration and Procedures; Amending Section Nine, Inspection of
Structures and Premises; Providing for Inclusion in the Code of Laws and Ordinances;
Providing for Conflict and Severability and Providing an Effective Date.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY
MANAGER'S OFFICE AT 774-8383.
15 of 15
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING. 2007
November 13. 2007
Item 8A continued to the December 11. 2007 BCC meetina: This item requires that all participants
be sworn in and ex parte disclosure be provided by Commission members. PUDA-2007-AR-11283
(NG) Wing South, Inc., represented by Heidi Williams, A1CP of Q. Grady Minor and Associates,
P.A., requesting an amendment of the ShadowWood Planned Unit Development (PUD) Ordinance
No. 82-49 to increase the number of single family dwelling units from 11 units to a maximum of 16
units by increasing the Single Family Residential (Tract B) from 3.7 acres to 5.68 acres and
reducing the acreage of the Private Air Park district (Tract C) from 37.8 acres to 35.82 acres. The
subject property is located along the north side of Rattlesnake-Hammock Road, approximately
one mile west of Collier Boulevard (CR 951), northeast of the intersection of Rattlesnake-
Hammock Road and Skyway Drive, in Section 16, Township 50 South, Range 26 East, Collier
County, Florida. (Petitioner's request.)
Item 10C: Note that this item is a companion to Item 8B, rather than 8D. (Staff's request.)
Item 16B3: The Resolution title as shown on page 4 of 16 should read: "Resolution No. 2007-
_" rather than Resolution No. 2008-_. (Staff's request.)
Move Item 16E1 to 10F: Recommendation to approve a Lease Agreement with Palm Lake
Investments for the State of Florida's Conflict Resolution Office with a first years rent of $32,190.
(Commissioner Coyle's request.)
Withdraw Item 16H8: Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Will attend the 2007 Living Christmas Trees
on Thursday, December 6, 2007, at the First Baptist Church Naples; $7.50 to be paid from
Commissioner Fiala's travel budget. (Commissioner Fiala's request.)
Move 16J1 to 13A: Request that the Board of County Commissioners Consider the adoption of an
Ordinance to regulate security of certain convenience store businesses to protect the physical
security of convenience business retail employees and individuals who patronize such
businesses. (Commissioner Fiala's request.)
Time Certain Items:
Item 9A to be heard at 11 :00 a.m. Discussion by the Board members to consider delaying the
increase in impact fees for approximately 6 months from January, 2008. This request originates
from correspondence received November 2, 2007 from The Greater Naples Chamber of
Commerce President, Michael Reagen. The delay may benefit the current struggling building
industry and provide incentive for the county's economy. (Commissioner Henning.)
(Commissioner Coletta's request for time certain.)
Item 9G to be heard at 10:00 a.m. To initiate a discussion with the Board to get further direction
and clarification regarding the County Attorney Recruitment Service Contract.
Item 12B to be heard at 4:00 p.m. Recommendation that the Board of County Commissioners
approve a request from Mayor Hamilton and Ivey House of Everglades City for a Festival/Camping
Permit to allow for a two-day camping and tourism event in the vicinity of Everglades City from
December 16-17, 2007.
Agenda Item No. 4A
November 13, 2007
Page 1 of 2
PROCLAMA TION
WHEREAS, the Collier. County Medical Society Is celebrating its Fiftieth Anniversary of
service to the citizens of the County: and.
WHeREAS, the Collier County Medical Society I~ dedicated to serving as physician
advocates in promoting the highest standards in public health, medical
education and ethics; and access to affordable healthcare in Col/ie:r County:
and,
WHEREAS, the Collier County Medical Society was chartered by the Florida Medical
Association In 1957 with these founding members,' Dr. James Craig, Dr.
Reider Trygstad, Dr. /.,oral F. Gwaltney, Dr. Ethel Trygstad, Dr. Daniel B.
Langley, Dr. John Meli, Dr. William Bailey, Dr. John Garland, Dr. Kenneth E.
Snyder, and Dr. Farren Hinton: and,
WHEREAS, over the last 50 years, the Collier County Medical Society has grown to over
500 physician members representing. all s~ciDlties,' and has become a strong,
organized force lobbying for legis/tition that addresses heolthcare access and
pratecting the professionalism of physicians: and.
WHEREAS, the 5C1' President of the Collier County Medical Society, Michael G. Coputo,
MD. along with Officers Joseph Gauta, MD, James V. TolanD, MD, Alina K.
Stanciu, MD, and Charles J, Anderson, MD, are proud to serve the medical
community in this anniversary year.
-
NOW THEREFORE, be it procloimed by the Board of County Commissioners of Collier
County, Florida, that. the Collier County Medical Society be recognized for its
accomplishments and achievements in buJ1ding Q strong and sustainable medical
community in Collier County.
DONE AND ORDERED THIS 13th Day of November, 2007.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JAMES COLETTA, CHAIRMAN
ATTEST:
DWIGHT E BROCK, CLeRK
--
Page 1 ofl
Agenda Item No, 4A
November 13, 2007
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
4A
Meetlng Date:
Proclamation for the Collier Count,' Medical Society To be accepted by Michael G Caputo,
MD
11/13/2Q079:0000AM
Prepared By
PaulilSprings
Board of County
Commissioners
Exec:utive Aide 10 tile BCC
Date
Becomce
10111/200710:46:01AM
Approved By
Sue Filson
Executive Manager to the BCe
Date
8oardofCounty
Commissioners
BCC Offlce
10/11120011:11 PM
Approved By
James V Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
10!30/20079:10AM
file' IIC.\AlJen(hITf':<:t\Fxnm1\q)-NnVf'mh!~T%?011 %?O?007\()4 1l/,,7()PROr! A MA TTnNS\4
11I7n()(17
Aoenda Item No. 4B
November 13, 2007
Page 1 of 2
~
PROCLAMA TION
WHeReAS, November 18" through 24'" is Notionol Form-City Week, 0 time set asiae to
recognize and honor. the contributions af the Couirtry's agriculturalists and to
strengthen the bond between urban and rural citizens~' and,
WHeREAS, in Collier County the highpoint of Farm-City Week is the annual Farm-City
Barbecue, sponsored by Collier County's University extension and a committee
of volunteers: and,
WHEREAS, agriculture is an important element in Collier County's economic machine, with
total economic activity of over $300mi/lion annually,' and,
WHEREAS, twenty-two percent of Collier County is uti/;zed for agriculture, providing vital
ecological benefits, including habitat for wildlife and recharge area for our
aquifer: and.
WHEREAS, the Board of Collier County Commissioners supports local agriculture through
programs including cooperation with the University of Florida/ IFAS Extension
Service,- and.
WHEREAS, Z007 marks the 5? year of the National Farm-City Partnership.. one/,
WHEREAS, we encourage all citizens to pause to recognize the contributions of our local
farmers and ranchers to our economy, our food supply, and our society: and,
.--
WHEREAS, today we honor Cecil and Rita Howell as this years ''Farm Family" of the year
for their numerous years of tireless commitment and dedication to Collier
County and its agriculture.
NOW THeReFORE, be it proclaimea by the Board of Caunty Cammissloners
of Collier County, Florida, that on behalf of the citizens of Collier County,
great appreciation and honor is owed to all of this County's agriculturalists, and
that November .1 t1* through ZJffh be designated as
Farm-City Week
DONe AND ORDeReD THIS 13th Day of November, 2007.
BOARD OF COLlNTY COMMISSIONeRS
COLLIeR COLlNT'Y. FLORIDA
EM COLCTTA, CHAIRMAN
A TreST:
DWIGHT e. BROCK, ClERK
.--
Page 1 of I
Agenda Item No. /,8
November 13, 2007
PageLo'2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
'B
Meeting Date:
pwc;lamolllon for Farm-City Week lc tJe acc;epted by Bar; Zir_o, BE';O CQ-Chair cmd Cecil find
Rita Howell
11113/20Q7 9,00 OOAM
Item Summary:
Prepared By
Paula Springs
Board of County
COmmiSllioners
E~ecut,ve AIde to tne BCC
Date
BCCOffice
10/251200713.5:10 PM
Approved By
Sue Filson
Executive Mnnagerto the BCC
Date
BonrdofCounty
Commissioners
BCCOffice
10/2GI20077:55AM
Approved By
James V Mudd
County Manager
Dale
Board of County
Commissioners
County M~nager's Office
10:30/200711:51 AM
file:/f("\Aj:lennaT~"t\Fxn()rt\g/-Nov~mher%/()11 %/O?007\n4 %?nPRO('1 "A. Mil. TIONS\4
11/7/?0()7
.'.'-~---r-"-"-
Aaenda Item No. 4C
November 13, 2007
Page 1 of 2
~
PROCLAMA TION
Wf-IEREAS, Collier County recognizes the importance of protecting and preserving our
natural resources and works to make the world a better place by adopting
conscientious living habits that will improve our daily lives and bring about a
cleaner, safer, and healthier environment: and.
Wf-IEREAS, The National Recycling Coalition launches its eleventh annual campaign to
promote the social, environmental, and economic benefits of recycling and
buying recycled products on America Recycles Day, November 15, 2007; and,
Wf-IEREAS, the citizens of Collier Caunty have the opportunity to join millions of people
across America in making a positive difference in reducing water and air
pollution, conserving natural resources, and saving energy by recycling and
buying recycled products; and,
Wf-IEREAS, the Public Utilities Solid Woste Management Department and Utility Billing &
Customer Service Deportments, under the direction of the Collier County
Board of County Commissioners, have worked diligently to develop a
multifaceted recycling program as a way to preserve va/uable landfill space and
conserve natural resources: and,
-
Wf-IEREAS, Collier County government and the Board of County Commissioners wish to
recognize and commend the citizens of Collier County for their admirable
recycling efforts, their positive contribution to the preservation of. valuable
landfill airspace, and for their contributions to the conservation of our natural
resources.
NOW Tf-IEREFORE, be it proclaimed by the Board of County Commissioners of Collier
County, Florida, that November 15, 2007, be designated as
America Recycles Day ;n Col/;er County
Collier County wishes to join the rest of America in maximizing awareness and
celebration of this day.
DONE AND ORDERED Tf-IIS 13th Day of November, 2007,
BOARD OF COUNTY COMMISSIONERS
COLUER COUNTY, FLORIDA
JAMES COLETTA, Cf-IAIRMAN
A TrEST:
DWIGf-IT E. BROCK, CLERK
-
Page J of 1
PIgenda Item No. 4C
November 13, 2007
Page 2 of2
COLLIER COUNTY
BOARD OF COUNTY COMMISSiONERS
Item Number;
4C
Meeting Date;
Proclamation for America Fecycles Day in Collier County to be received by Dan Rodriguez
Director Solid Waste and John Yonkosky Director. Utility Bllllflg and Customer Selvlce
1',,';3/20079 0000 ,AM
Item Summary:
Prepared By
Paula Springs
Board of County
Commissioners
E:o.ecutive Aide to tile BCC
Date
BCCQffice
111212D01347:02PM
Approved By
$ueFilson
E:o.ecutivc Manager to the Bee
Date
Board of County
Commissioners
BCCOffice
11/2120073:48 PM
Approved By
JamesV. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
11/2120075:54 PM
file:l/C:\A l!enrl<lTest\FxnnT1\92. Nnv~mherolr.7Ol '1 1);;,20)007\04 %20PROrT ,A MA llONS\4
11/712007
Agenda Item No. 4D
November 13, 2007
Page 1 of 2
PROCLAMA TION
WHEREAS, for tho past several years tho National Coalition for tho Hom.l.ss and National
Student Campaign Against Hunger and Homelessnsss have sponsoNd National Hunger
ana Homelessness Awareness Week,' and.
WHEREAS, the purpose of. the proclamation is to educatf: the public abcut the many reasons
people are hungry and homeless and at risk of hamelessness including the shortage of
offord able housing in. Collier County fQr very low income residents.: and to encourage
support for homeless assistance service providers as well as community service
oppcrtunities for students and schoo/ service organizations,' and,
WHEREAS, there are many organizations committed to sheltering, providing supportilie services 0$
well as meals and food supplies to the homeless including: Assembly of God Campus of
Core, Catholic Charities, David LaWN"<< Center, Collier County J.{(}lJsing and Human
Services, Collier County Hunger and Homeless Coalition, Harry Chapin Food Bank,
Immokalee Friendship Hoose, local religious affi'liates, Salvation Army, SheltlJr fDr
Abused Women, St. Matthews HDuse, St. Vincent de Paul, Youth Haven: ane/,
WHEREAS, the theme of National Hvnger and Homelessness Awareness Week 2007 is HBringing
America Home ": and,
WHEREAS,
;~.\-~~
Homele'Sl\ Ctiun't iO
um'~,f,.~.r,.;l',U.jIi'.,..~.r_-rJi~)t2/r, '/3' '
~J ':~":'i!; ~5'lo:~...-:::".:;, ~~..... ,
rl'.-;. _' _ ._".<,.,\-....--.{-::._ ~.
C SchDe7~,:~~itfitl~.~:,~:~?P!Jft-:.f!!.-t540 n who were lacking a
adollU,t/:!!ighlf~,~\,ff!/,l!{nC~r/a;,d.
f I~~;::"-::"'l-' ','"' ~~:<\ '
01 J./ungelr ana Home/~ss~~ss Awarenes;'- ee .is consistent with
t.t..;lliLJ ";\o\ii~\r"" ~'~~-"';;t~Jt
Collier....c,oull:fy. !iungeftapii Homeless, 'tlim and local shelters:
'(. 1[\.1:" ,~
q...;:J..
,J ~
"~e ~1;Ls:-
WHEREAS, "u,rger and homelessness continues
, n Collier County.' and,
WHEREAS,
~.
WHEREAS,
WHEREAS,
NOW THeREFORE, b. it proclaim.
Florida, that November 11-
ssioners of Collier County,
noted as
National Hunger and Homelessness Awareness Week
DONE AND ORDERED THIS J 3th Day of Novombor, 2ooT.
BOARD OF CO(/NTY COMMISSIONERS
COLUER CO(/NTY, FLORIDA
JAMeS COLETTA, CHAIRMAN
ATTEST:
CWIi?HT E. SROCK, CLERK
~
Page 1 of 1
Agenda Item No. 40
November 13, 2007
Page2of2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
40
Prodamatior1 for National '-lunger and Homelessness Awareness \l\Ieek to be accepted by
Vann Elilson. Chairman of the Collier County Hunger and Hom81ess Coalition
Meeting Date:
1111312007900,00 AM
Prepared By
PlltriciaAmodei
AdminiSlrative Aide to the BGG
Date
BoardofCounly
CommiS5ifll1erS
Bce
11111200710'SG:50AM
Approved By
Sue Filson
Ex\>cutlve Manager to the BCC
uate
Board of County
Commissioners
Bce Office
11111200711:1\ AM
Approved8y
Jame!>\'. Mudd
County Manager
Dale
BoardofCollnty
Commls:>ioners
County Manager'!> Office
11111200711:31 AM
fi1e./tr'\AVFmlHTF"t\Fxnnrt\Q?-Nnvf'mhpr%7()1~ %7(l?f\()7\()4 o,{'7()PRnrl A 1\J1A TTnN~\.d
Tl17nflfl7
Agenda Item No. 4E
November 13, 2007
Page 1 of 2
PROCL A MArION
WHCREAS, as an affiliate of the American Independent Business Alliance, members of Naples
Originals, an ossociation of 41 independent locally-owned and operated restaurants,
are calling upon the citjzens of the Collier County to recognize the first annual Naples
Unchained Day, part of America Unchained, a national campaign of the American
Independent Business Alliance; and..
WHEREAS, an Saturday, November 17, 2007. the Naples Originals, along with independent
retailers and owners of other locally-owned and operated businesses, ask the cinzens
of Collier County to shop only in locally-owned and operated businesses for the entire
day; and.
WHEREAS, Collier County encourages 01/ of its citiuns to unchain on November 1'0 2007 and do
any business they plan to do that. day only at locally-owned, independent businesses
thereby demonstrating that their personal s~nding decisions affect the whole
community and greatly impact the local economy: and,
WHEREAS, many. studies conducted in different communities throughout the United States have
determined that locally-owned and operated, independent businesses create
approximately three and one-half times more local economic activity than do
corporate chains. This translates int" increased economic impact f"r the Naples
community: and,
WHEREAS, the Naples Originals celebrate local businesses. born of the passion of our dedicated
business owners, and are intent upon preserving the unique . flavors and the original
ambience in the City of Naples & Collier County, which make our cdy 0 better place
to live and a charming place to visit. '
--
NOW THEREFOR€, be it proclaimed by the Board of County Commissioners of Collier County,
Florida, that November 17, 200'7. be designated os
Naples Unchained Day
and call upon 011 our citizens to join us in supporting the independent locally owned and
operated businesses whl1e puttinG more money bock into the local economy and
preserving the uniqueness of Naples.
DONE AND ORDERED THIS 13th Day of November, 2ooT.
BOARD OF COIJNTY COMMISSIONERS
COLLIER COIJNTY, FLORIDA
JAMES COLETTA, CHAIRMAN
A ?TEST:
DWIGHT E. BROCK, CLERK
,-.
Page I of 1
Agenda Item No. 4E
November 13, 2007
Page2of2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
4E
MeetIng Date:
ProclamatIOn tor Napies Unchained Day 10 be accepted by Lisa Boet, Founder and President
cf Naples Origmals
11/131200790000AM
Prepared By
PaLJlaSpnngs
BoardofCoLJnty
Commissioners
EXDcutlveAide 10 the BCC
Date
BCCOflice
11/2/20073.26,24PM
Approved By
Sue Filson
Executive Manager to the BCC
Date
BOllrd Of County
Commissioners
BCCOt/ice
1112120073:33 PM
Approved By
Jam"'';V. Mudd
County Monager
Date
Board Of County
Commissioner,;
County Managers Office
11/2120075:53PM
file://C:\Al!endaTest\Fxnort\92- Nflvem her%20 11 %202007\04.o/;:'20PROn .A M A TTONS\4
11170007
Agenda Item No. 5A
November 13, 2007
Page 1 of 3
CONTRACTOR PRESENTATION FORM
Board Presentation Date: NOVEMBER 13, 2007
Contract Number. Proiect Title. Proiect Number: Contract 4500030516; Collier
County Emergency Services Center; Project 52160
Finn Name: Kraft Construction Company, Inc.
Proiect Manal!er: Chris Dill
Proiect Description: Site preparation and building construction of a 129,543 sq.ft.,
4 Story, Emergency Services Center Complex. The site and structure are designed
to withstand 175+mph hurricane force winds, and storm surges to 22.5 feet. The
building will house the Collier County Emergency Operations Center (EOC),
Bureau of Emergency Services, Emergency Medical Services (EMS) Department,
Collier County Sheriff's 911 Call Center, a Collier County Sheriff Substation,
Collier County IT Back-up Center, Public Information/Media Studio, and Joint-Use
Training Facilities.
.--
Oril!inal Start Date:
Concept Phase: 10/2000
Design: 6/24/03
Construction: 2/8/2007 - Site Preparation
Oril!inal Pro!. Completion Date: 2005
Revised Proi. Completion Date: 3/2009
Reason(s) for Variance: Design
development to encompass iessons learned
from Hurricanes Charley, KatJina &
Wilma; increased scope due to site
changes, increased fill quantities, FEMA
& State requirements; and construction
cost escalation.
Actions Planned/Taken to Minimize
Variance: Value engineering changes to
reduce construction schedule by 3 months.
Ori!!inal Proi. Bud!!et: $20,440,000
(Preliminary - Order of Magnitude)
Revised Bud!!et: $55,434,620
Reason(s) for Variance: Design
development to encompass lessons learned
from Hurricanes Charley, Katrina & Wilma;
increased scope due to site changes,
increased fill quantities, FEMA & State
requirements; and construction cost
escalation.
Actions Planned/Taken to Minimize
Variance: Value engmeenng changes to
reduce costs.
Current Proiect Status:
Design; 99%; Site Work: 85%; Building Construction: 19%
,-
Agenda Item No. 5A
November 13, 2007
Page 2 of 3
Agenda Item No. 6A
November 13, 2007
Page 1 of 1
COlliER COUNIY MANAGER'S OFFICE
3301 East Tamiami Trail. Naples, Florida 34111. (239) 774-8383 . FAX (239) 774-4010
October 19, 2007
Mr. Jacob Gallegos
1318 South Pear Street
Immokalee, FL 34142
Re: Public Petition Request to Discuss Code Enforcement Order to Demolish Home at
1318 South Pear Street
Dear Mr. Gallegos:
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of November 13, 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 Fioor 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,
~~
James V. Mudd
County Manager
JVMIjb
cc: David Weigel, County Attorney
Joseph Schmitt, CD&ES Administrator
Michelle Arnold, Code Enforcement Director
-
wI!
Ii 1(3) 0 7
COUlER COUNIY MANAGER'S OFFICE
3301 East Tarniarni Trail' Naples, Florida 34111 . (239) 774-8383 . FAX (239) 774-4010
October 19, 2007
Mr. Jacob Gallegos
1318 South Pear Street
Immokalee, FL 34142
Re: Public Petition Request to Discuss Code Enforcement Order to Demolish Home at
1318 South Pear Street
Dear Mr. Gallegos:
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of November 13, 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 governrnent complex. Please arrange to be
present at this meeting and to respond to inquiries by Board membEirs.
If you require any further information or assistance, please do not hesitate to contact this
office.
SinCerely,
~~
James V. Mudd
County Manager
JVMljb
cc: David Weigel, County Attorney
Joseph Schmitt, CD&ES Administrator
Michelle Arnold, Code Enforcement Director
aCT-17-2007 18:22
FCB J MMOKALEE
9416572393 P.03/04
~Qe~ (V
Reauest to Soeak under Public Petition
(
Please print
Name: :T o..ooD -f1().,\ ~O S
Address: \'8 \~' SC).k;\-h Pw...r S+.
T~~\.eQ R.. B414d-
(,~;'')f'~,i,<,j'~~'''':'~.l'', 1
Phone: ~415b3 'lfa~O
Date of the Board Meetinq YOU wish to SDellk: .b1o\f eYnbeJr .em!
(
Please eXDlaln In detsilthe action YOU are askina the Commission to take (attach
additional Daae if necessary):
uJe ax~ ~0Cj -\-tvz.. 1Xnrd -1c \e-\-+\'w s-\1,^-c...mK.
6-\0-~ ;\t'~s 'OS hl.lY- honvz.., whe.\-€. 1}J.e. \l\.e... ,w\~re.
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~\t..!2 ct -to d-e.mo\.t Sn l't-. -n"\ i '5 \ 'lCil1~ nus 60
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C;\Documents .nd SettiI9\CGa1Jltg~~QJI s.tti"lil,\Tempg:l1uy Internet Files\Ol,J(2BPl.lblio PetitiCJn Req~t "'"
Forml.ljo(; tfJ2e.. ~~IZ... 2-/
L Cc;n.-nnI1JLcL
pcT-1?-2007 18:22
FCB 111'1Cl<ALEE
9416572393 P_04/04
'-Q5.e.l?)
Reauest to Soeak under Public Petition
(
Please print
Name: :s~,:). bat~6S.
Address: \'0 \~ $6\J...4t") ~-'2W- S-f-'c:e.e.+
TW\~f'\~.e, FL. 34-14 ~
Phone: 2-~'i:"'f5'Z)3. 40-&0
.. . Date of the .~a YOU wish to sceak: _NO\l.en'\'Qev- 1.cxn
Please exDlaln in detail the reason YOU are reauestina to soeak (attach additional
Dace if nAI'WIGsarv):
(
Please exolaln in detail the action YOU are asklna the Commission to take (attach
additional oaae.If.,i.h8'f!lrv):
- ,
mw..1"\ . s.e.rl;fUJ1.,tn..~. V(;:'\'\IA.O. \\\.lC; \':::.
\Cl'" 0..- ~ o..hO \, Ql..L,!)€. ill. (
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\hCL\\)c.~O\\ -rorlAO\..lt - COh-s\&, cdlon \ n --\nis
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C;\Docomenb .... $ottinlI"ICGalIosao"-"col SoIIingslT_rary 1""'_ FIlesIOLK2E\Po&1ic Petition """....1
Form1.doo
TDTRL P. 04
Aqenoa Item No. 68
N-ov8mber 13, 2007
Page 1 of 6
COLLIER COUNTY MANAGER'S OFFICE
3301 East Tamiami Trail . Naples, Florida 34112 . (239) 774.8383 . Fax (239) 774-4010
0cI0beI31.2W1
Pastor WiHIam A Klrtew
Bethesda Corkaaew 8eventh-Day Adventist Church
2340 ~ Avenue HE
Naples Fl 34120
Re: Public .,.1IIiun Request to seek an impact fee Credit
Dear Pastor Kir1ew:
Please be advised that you are scheduled to appear before the Colier County Board of
Commissioners at the meeting c:A November 13, 2007, regarding the above referenced
subject.
Your petition to the Board of County Commissioners w~1 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 futUR:! 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 OF.) 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 infonnation or assistance, please do not hesitate to contact this
office.
Sincerely,
~~~~-4
County Manager
JVM/jb
cc: David Weigel, County Attorney
Joseph Schmitt, CD&ES Administrator
Amy Patterson, Impact Fee Manager
Agenda 119m I~o. CiB
Novernber 13, 2007
Page 2 of 6
RECEIVED
~ethesda Corkscrew OFFICE OF THE CcfJA88IMILE COVER SHEET
..;eventh-Day Adventist Church OCT ;j II 2007
2340 56"' Avenue N.E.
Naples, Aorida 34120
ACTION
LJ_:
October 29, 2007
Phone: 12391348-8223
To: Collier County MInger. from: Pastor William A Kirlew
Company: Collier County Governmet It Copy To:
Fax~~10 . Subject Public Petition - November 13. 2007 Bee Meeting
Number of SI1eets to Follow lIis.Shlliilt' . ' 2 Original to Follow by Mall: t8:I Yes 0 No
'. ,~.:.
We are TllIIlSIl1itting the FoIIowIilg: tJ leiter . o Proposal o Sketch o Invoice o Legal description
I8l other Request to Speak
i:8:I For approval o For your use o For your infonnation o As requested 18I Reply is requested
Comments:
~Should you haVe any questions or need additional infonnation, please conlact me. Thank you,
CONFfDeIT1AUTY NOTE Th. "'*""-' - it.. - .....10 privIogod lOId _ ..._ intondod only forlhe.so or IndMd.. .. onllly IlOIIlOd -.. w... l8lIllor or IIIlo
_lonal..._dod""'_j<lU..'-_thoI"'I....~_..copyf...~IoBt1l:llyP_. W...__llisloloc:opylnorror, ~....1rnnodIotoly
nolIfyUlbylBlophanoon.'*'ltIeoolglool_"..ollllo__>laUnllod___ Thonk,.~
H:\2005\200S064\WP\jcn\bcc-Q71029.beII....... _ pubHc pctitioo-fx.doc
- Collier County Impact l"ee Calculator f'nnt Page
Impact Fee Calculation Summary
The current date and time is 10/23/20073;14:05 PM
Agend<f~I'!1~ (lB
November 13, 2007
Page 4 of 6
_.___w___.__'____~'__~_._.__________.______._______.__.---..,__
Your Selection:
Use: Church
Location: Collier County (Default)
Fire District: Big Corkscrew
Total Area Sq. Ft.: 7145
-----.----------.--...-
--...------~-
Utility impact fee NOT INCLUDED. Please contact
Utilities at 732-2571 for water and sewer inlpact fees.
Impact Fee
Parks Regional
Patb Community
LIbrary
Fire
School
Road
Jail
Emergency Medical Service
Government Building
Law Enforcement
Total Fee
http://apps2.colliergov.netJwebappslvisionlcommdev/ifcIPrint.aspx
Cost
$0.00
$0.00
$0.00
$6,216.15
$0.00
$57,317.19
$618.04
$333.03
$1,757.67
$584.39
$66,826.47
10123/2007
'. ~..... .v, ........... ..... a_'y
Aoenda item No. 68
November 13. 2007
Page 5 of 6
--
-,
--
--
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....~
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IlllII1b1l_T........_Mtl2.0f7)'
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.
~
OcIDbcr 17, 2007
William A. Kirlew
23M> 56'" Avenue, N.B.
N~"', FL 3.4120
Re; Mlie pedlioo
Dear Put<< KirIew:
l;~In-l. ploNe fiDd . public petitioa fbsm, whie.b is .u--ecp\mlltory, for your ute if you
would like... ~ to speak befoRl the BoIIl'd of County Commissioners nprding the
$75,000 1mpaot Fee.
lbe deetllinc to resia<< yom petition with tho CouIlty Manapr i. Ncwemb<< 1, 2007 to
appear before Ib= 8ClI8l'd lit tho Tuc8day, NOVCIIIlber 13, 2007 meeting. The deadline to
register jIOlIl' petiliDn Cor the TueldaY. N_her 27,2007 meetin& is Novemb=l" 14.2007.
Yau may return tile petirion to the COWIty MMaaer by:
Fax (239-774-4010)
E.maill;am"""'"M@t'oIli...........net)
or by r..gular mail to:
County Manager
BidS F, 204 ftoar
3301 But Tamiami TrIll
Naples, FL 3.4112
If you have lilY qllelltioaa, pl_ feel ftec to COlIlllc:I me by lelepl10ne (239-252-8097), email,
1li&lll'Cllni..u.~.nllis""v.netl or rcplar IDIIiI.
SincereJ>'. /J
:y:.V. ~ Ie e,-Jt
l.i8a Resnid:
ExllClltive Aide to Commipionor Jim Coletta
Enclosure: Public peQtioll Fmm
, 10r29/2007 15:24 TEL 92642088
H . LAND DEYIlLUt'DNT
Aoenda l[pHal ......~ r';R
NovemD9r 13, 2007
Page 6 of 6
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Bethesda Corkscrew
Seventh-Day Adventist Church
2340 56~ Avenue N.E.
Naples, Florida 34120
Phone: (23~ 348-8223
To: Collier County Manager
Company: Comer County Government
fax ~"'i'!'It'-4010
FACSIMILE COVEIt SHEET
Date;
October 29, 2007
From:
Copy To:
Subject:
Pastor William A. Ki~ew
Public Petition - November 13, 2007 BCC Meeting
Number of Sheets to Follow this Sheet
2
Original to Follow by Mail: 181 Yes 0 No
We are Transmitting the Following: 0 Letter 0 Proposal 0 Sketch 0 Invoice 0 Legal description
18I Other Request to Speak
t8I For approval 0 For your use 0 For your information 0 As requested 181 Reply is requested
Comments:
Should you have any questions or need additional information, please contact me. Thank you.
Agenda Item No. 6C
November 13, 2007
Page 1 of 4
COll.IER COUNIY MANAGER'S OFFICE
3301 East Tamiami Trail. Naples, Florida 34112. (239) n4-8383 . FAX (239) n4-401O
October 26, 2007 .
Susan L. Thompson
37 Mentor Drive
Naples, FL 34110
Re: Public Petition Request to Discuss the Amended Willow West Stonnwater
Improvement Project
Dear Ms. Thompson:
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of November 13, 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 meeling.
However, your petition may be placed on a future agenda for consideration at Ilie
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.
Hannon Turner Building (Building oF") 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 infonnation or assistance, please do not hesitate to contact this
office. .
Sj~relY, V. x(4)
~Udcf
County Manager
JVM/jb
cc: David Weigel, County Attorney
Nannan Feder, Transportation Services Administrator
~t l!5 07 01:1l!p
~ It'/,.,.- c;&14NTY /II'! I'r"'~
l!395139563
~ 77c(- Cff!liJ
Agenda Ite~ ;,1,. 6C
November 13, 2007
Page 2 of 4
Reauest to So ut under Pubfrc Petition
Please print
Name:
Susan L. Thompson
Add.....:
37 Mentor DrIve, H8p1es, FL 34110
Phone: 23t S2& 7887
Oitf of the Bo8rd~' -.00 \IOU wish to IIDsBlc: November 13, 2007
Please............ in detlIi1 the ............. lIOU 818 l'BOUestina to SDEI8k (attach additional
oaae If ............I8!1!11N):
The nt_on I .... requ.tlng to sp8llt Is to explain to the COmm....one...
Ittat the IWidenls of Willow West an reqLl8lrting the COmmisslone...
approve the Amended Willow West SlioI n....tBr Improvement project that
was originally volIId upon on March 27, z007. (_ attached) The
amended praject does not tan ...... awaIe waiBr rwlantion Into account and
makee 1M front a1lflll.aa overly large for 80 X 120 size Iota. It also does not
take the sIctewaIk on the IIOUth side of Menlor Drive into lICCOUnt, which
pushee the swaIe mucll further Into thou Iota. The I1IIIidentB want the
front swaI_ c:ornpIefBd and. wtII mS/nlaln the ....r _Ies without an MSTU.
PIE>...... emlaln in detBiI the action YOU are asldna the Commission to lake (attach
addttion8l D8De f J1AI: ..~rv):
I am _king the Commlaslonera to nMfuce the sla of the swaiM tD four feet
on JohnnycaM DrIw and the north side of Mentor DrIve and to "'0 reduce
the awale on the eouth side of Menlior to one &Jot due to the sldewS/k In the
right of WIly.
f .... also as/dng the CommfsaIone... to pay for the culverts and drlve_Y1l
that ... already done on Johnnycan Drtve .nd to pay for the culverts and
drivewaY1l on IlIentor DriVII that an bIocldng the flow of watw.
~.,>>, ~ '-~:~'11ONS""'WIIIIfIubI~~~WIlr"Ol'lll (2).doc
Agenda Item No. 6C
November 13, 2007
Page 3 of 4
Oetnber?~,2007
To: County MaDtlger. James Mudd
Re: WIDow West .1'1II Water DraiDage Petition
From: PetitioDen - Susan ThomplOD. DarreU Thompson
Please find a copy of the proposed petition of Willow West for the purpose of
having the County correct the drainage in the right of way easements on Mentor
Drive and 10hnny Cake Drive per the plans and specifications (as amended)
provided by Q. 0TIIdy Minor and the Stonn Water Management Department of
Collier County.
For purposes of communication. you may contact Susan Thompson at 513-9433 or
825-7887 or mail to 37 Mentor Drive. Naples. FL 34110. You may also contact
me by email atad1illnCedsue(.l.aol.com.
Aoenda Item !\Jo. 6e
N~ovember 13, 2007
Page 4 of 4
Collier CHaty CltiDo Pedtien No. _ ._'
CCMlnty l\tf....rr.. ctaermination of nftic:ienc:y on
To the extmt thet fi 1 04.185, Florida Statues, applies to this petition, 'It is unlawful for any
penon to ImowiDgIy sign a petition or petition for a pBrticuIar issue more tban one time_ Any
penon viol8tina the provisions of this section shall, upon conviction, be guilty of a misdcmeaDor
oftbc tint dcaree. p"n;"hoohle as provided in i775_082, ~ i775.084.' (fil04_185, F.S.)
Pedtioll
To the Board ofCoumy CommillSiODel1l of Collier County, Florida:
The lIIIOllnianad petitioarn hereby request the Board of County CommillSio.ners to approve tile
Willow West S1umJ WIItllr IDIpJ'OVCIlICIIt Project as 1lIDeDded-. Such project cxmsists of the
Willow West subdivision of plII1 of the SW 1/4 of Section 24. Township 48 South, Raoge 2S
East, Collier County, Florida mcorded in Plat Book. 15, Page 79_
Defined - Thal portion of the dmblage swales, pipes, culverts and driveways in Willow West
Subdivision's roed right of way on Mentor Drive and Jolmny Cake Drive and those drainage
pipes and storm water structures int<<connecting Johnny Cake and Mentor Drive.
This petition to include reducing swale size to no greater than four (4) feet at the bottom of the
swaIe with a 3: 1 slope on both sid=s of Johnny Cake Drive and the north side of Mentor Drive.
The south side of Mentor Drive to be reduced to one (1) foot at the bottom of the swale due to
the sidewalk that was installed by the County Parks and Recreation Department.
Collier County Storm Water N1"""lV""'" DeJllll'lmeDt to perform Willow West Stormwal:er
Improvcmc:nts with aJrc.cly approved fullding budgeted per specifications of project chawings
and to reimburlIc owners on Johnny Cake Drive who have almldy paid for the culverts and
drivCWll)'ll.
Collier COIDlty Stann Water Management Department to maintain the swaIes in the right of way.
HomeoWDa:S to "",inblin culve11B and driveways after complc:lion of project
-The amended project docs DOt include rear swa.les in their calculations and does not take the
sidewalk into lICOOUIIt.
Signature NIIDle Address Prccinc:t 1# Date Date of Birth Tax
~~::/A.~t"" <-.cIIy,-ZIp) ..v_~"",. Potio.
~S/t;\' l./1ffftf1'llW "., /ff1Wnllt lJc "''' "b.tf,7 II ,~t;~ f1-",,;.$601$3
~
,r~ / /.J./& 'J
D.....L 4.7lJtJi....- M' :J 7A1#MIb/Il ~ JO/~eI" p,t;o,"S..,.u3
Agenda Item No. 60
November 13, 2007
Page 1 of 7
COLLIER. COUNlY MANAGER'S OFFICE
3301East Tamiami Trail' Naples, Florida 34111 . (239) 774-8383 . FAX (239) 774-4010
October31,2007
Mr. William L Klahn, Preeid!mt
MOO Capitlll Corporation
2180 lmmokalee Road
Suite 309
Naples FL 34110
Re: Public Petition Request to address recommendations of the Afforclable Housing
Commission .
Dear Mr. Klahn
Please be advised that you are schedulecl to appear before the Collier County Board of
Commissioners at the meeting of November 13, 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 don on your petition at this meeting.
However, your petition may be placed on a Mure 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 govemment complex. Please arrange to be
present at this meeting and to respond to inquiries by Board members.
If you require any further infonnation or assistance, please do not hesitate to contact this
office.
c2?~f
County Manager
JVM/jb
00: David Weigel, County Attomey
Maria Ramsey, Public Services Administrator
Marcy Krumbine, Housing and Human Services Director
.~
,- ,
MnG CAPITAL CORPORATION
2180 Immokalce Road Stc. 309
Naples, FL 34110
'.
Phone: (239)594-8700
Fax: (239)596-4399
MDG Capital Corporation
MOO Comp-~'" of Naples, irIc.
MOO CapitBl Partners GCNB Office North,. Inc.
MOO Capital Partners PiDlmcial Centre, I:nc.
MOO Capital Realty, Inc.
MOO Fountain Labs, u.c
MDG--Frank Helmerich. LLC
MOO Intedake '17, u.c
MOO l..tke Phdd. 2000 LLC
MDG Late Trafford, LLC
MOO LIb Trafford Commerdal,LLC
PatrickMc:Cuan.LLC
Agenda Item No. 60
November 13', 2007
Page 2 of 7
Date,
Fax, -; -r;;.-;;:: f)
Total pages: ' .
(wI cover page)
Arrowhead Apa.t.......lte Ltd.
Arrowhead Apartments n LtcL
Arrowhead. Reserve at Lake Trafford. POA
The Promenade at the Forum HOA
Forum 6, LLC
FOlum 11, LLC
- Gulf Coast Centre CondO Assoc., Inc
WLK Development Corporation
Wfillam KIohn, LtC
FAX TRANSMITTAL SHEET
@
TO: ~cA{'f A ~
COpy TO:
FROM:
.11;/1 kt.i Vl
COMMENTS:
,
If there are any problems with this transmilS5lon, please call (239)594-8700
FAXMEMO.wpd
9001 .OO'Q ;"~~f
St'zo LOOZ.t~.~~o
Agenda Item No. 60
November 13, 2007
Page 3 of 7
.
,
MDG CAPITAL CORPORATION
2180 Immokalee Road Suite 309, Naples, FL 34110 (239)594-8700 (239)596-4399 Fax
Octobet 30, 2007
County Mll11II8llI"
Collier County GoVClDl'l1ali Complex
3301 East Tamiami T%ail
NaplesFL 34112
VIA; Fax 774-4010
DclIrCounty~
.Att""~ is the Request to SpeIIc under Public Petition fonn with lIU8clnncnt.
Sincerely,
MDG CAPITAL COBPORA nON
&~~
William L. Klolm
PresidcJIt
WLK:dl
Ene.
900/ ZOO'a: ;Lt~.
St:zo LOOZ.t~.~~o
-----
Ageneja Item No. 60
November 13, 2007
Page 4 of7
Reauest to Sneak under Public Petition
Please Df'fnt
Name;
FollDiain Labsllc=lideDtial Coopcndiwl F-al ServiCC5 Ptll'lllllDe1 Housing
Coalition ofCo1li<< CoUDty (ESP)
Address:
2180 )mmnhl..... RtIIId lmmnr.l_ RtIIId Suite 309
N~I... FL 34110
Phone: 239-594--8100
Date of the Board MetioR \IOlJ wish to soeak:
11/13/07
Please eXDlain In iWtDfl the ~mn YOU are reauestilU! to SDeak (attach additional
oase if ~~rvl:
MOO CapiW CmporaUon has been se1ccted by the BssentiaI. SCllViccs PCl1IOID1el. Housing
Coalition of Collier County (ESP) to be the pri~ parlnCll' in the Community Worlcfon:e
Housing Innova1ion Pilot Program (CWHIP) publiclprivatc partn<=Jlip app1iClllion for 2008_
Ourwod:force afIOrdablc housing comnnlDity will be comprised. of 147 multi-family units.
Certain fimlnoiaJ. to:.ls1tivcs and rooommeadations have been approved by the AJIORIlIble Hosing
Commission (,ARC) in their meeting ofOctobc::r 17, 2007. The ince.utivea lCwuw...-!"'C! by the
AHC will reduec hoUIiDg costs for the employees of the ESP employers. Additionally, the
incen1ivcs, ifllJ'lll'OVl'd by tho Board ofCourrty C.nmmi,."janem prior to JlIIIU8Iy 1, 2008. (the
CWHIP 2008 cycle opcurillg de) will be COll&idcred "gova:nmllllt contributions" which will
enhlllCC tbe probability of a $5 million CWHlP &WlIl'd being iimded lOr the project.
I intend to addJ:ess the P"'^"'mellllANn'1B of the ABC for the Board of County Commi.,.;oncn;
coasideration. (See attached MCHlln'IllduJn from the ARC which include project
l'CC(DTI....~Ati"DS)
pi........ explain In dt'ltDfl the action you are askfnR the Commission to take (attach
additional ""- if nea!S5arv\:
Approval8Dd Adoption of the J1lCommendaUODlI of the ABC by !he Boud oCCounty
CommiS$ilJllC[l\,
9001 &00'4 ~L&&.
Bt:ZO ~ooz.t&.~o
Agenda Item No. 6D .
November 13, 2007
Page 5 of 7
,
.A.IfeMr-Lle Boubag Co-_-.u.. of CoBler C~nurty
MltMO~
Date: October 29>*1
"I.
To: Bclllrd ofc-ty Commlpcloaa;s
From: j. fti.,,,,,,,* Hou8ing Ommri..nnn
R.e: ISO UDitP._...t.. Lakes Development
2008 CWHIP Work Foree HOllIiIlg Application
At its regularly ....J.edoiled lIIOIdhly lIItlllting held October 17, 2007 die AflilrdIbJe
HouaiDg Cmnmicci<Ml c:mertIined a poOpO$8l by MDG 00pi1ti ~ (MOO) and
ll...tmtial Services Pcr:sonnel HousinS C'llJjtinn (ESP) fur a CWHJP appli"8tion for alSO
unit Work Fcm:e HousiJIS Development at FOlDIIain Lakes. MDO and BSPbave formed
a partnership 10 dcvc10p the property fur """.Houle housing for e...-....I service
~SOlWlllIIId to maI::e applieation to the FHMF A for fimmng under its CW.I:IIP progmm.
Mr. W"1l.IiamK.lobn, pmsidtlnl. ofMDG Capilal ~ the scJuw-rit; phms for the
project and explained the jmlmcitlg and OWJ'Ierchip mN!1um;"",c 1bat axe intended The
develop<< also requested that the ARC support and recommend to the BCC sevm (7)
~ of the county. Attachlld is an October 5; 2oo71eUer.from Mr. Klolm to the
Affordable HousiDg CommilUriomn outlining tile project and the 1CqUc:s1li.
~ comJnissioners have mvicwcd 111= proposal and rc:quests, diecussed them in opm
meeting, bard ""........,t. from the SIllft' and the public and pusod rceolutions on each of
the rcquC&1l. The fullowing is a """""'My of tho8c rcc:om"""'d.tions.
1. Item #1: TbIt lbc sec lCCOIlIID:IIIlMDG and ESP as a CWIPapplicllDt forfbe
2008 appIica1ion cycle.
. ABC RecommeadatioJl: The AHC fiDds tbi8 project appropriate and
supports it as a 2008 CWHIP application. ~ ARC l'eC"",........ro: tlutt the
BCC dI!l8ignale MDG and ESP u a CWHIP applieaDt for Collier County
in !he 2008 "mtl'llg cycle.
2. 1_ #2: ThlIt the Comrty ............. the IJlAP to iDcrcaie SlIJP finul;'lIlimilll
from 80% AMI 1.0 140% AMI for CWIllP projeclll thus aligniDs i:acoI1'e limitl of
both programs to the CWln:P's iucorne limit of 140% of AMI.
. ARC Rec:ommllldatloa: The AHC is in &vor ofmodifyiDg 111= LHAP to
a1igl1 the SHIP and CWHIP -.-" limits provided the im:reue from 80%
to 140% of AMI would be applicable to CWHIP projCClI 0IIly. The ARC
9001 tOO'i SLttf
9t:lO LOOl.tt.~~o
,
Aaenda Item ~~o. 6D
N'ovember 13. 2007
Page 6 of 7
. J eoo.....e..ds that the ace approve tlri$ IJIII!lndment.
3. Ie. to: n.tfhe County to aJIOClJle 51 Million oflDlusedOftiDme SHIP fimds
~fWany to 1bis project far tbe plIlJlOIC of iDfi:u1ructure COII8&ruction.
· ABC D "'endadDD: It iIlbc AHC's posilicm that the allocation of
SHIP 1imda involves a ~>'e process which 1his ~
ci!CumYllllls. It is the ABC's posilicn that if the developer wishes to be
~ fur project specific iDfmstructure 1ImdiDg under SHIP, he
sbouJd submit a proposaJ. to dlc County in I'CSpODSe to its periodic requests
fur m..nilJg proposals. The ARC 1bcrefare, recnm""""'. that tho BCC
ci=ay Ibis request IUd IllIIIcst tbat 1hc developei' Pwsuc 1Iic SHIP ~g
tbrouP tile proper eu.......liliYC proced:urcs.
4. Itua H: That dlc Slaff is authorized to c:ontimJc the M:pC6jt()d 'nMew prooesa to
&st tpcJc development andconstnJction permits. .
· ABC Rf-..........II..tioD: The AHC supports the \IAt; of the expedillld
n:v.icw process for worlcforcc and affordable housing dovclopmcmts and
n:cnm.......dq tbat the Bce diRct Stafftbat this process will to CWHlP
projcc:ts.
5. IteIIl tIS: That the County crea1I:s aD I~ Defcrra1 Program specific tbc newly
crealDd SJIb.dislrict for tills project. The progrun should be project specific rad1er
than: iDdiviclual specific and should be available to fiTst-time lJIId pnMous
homebuyers. It Ihoold have :zero pa'CeDt interest with repayment COIIDJJencing in
10 yem..
. . ABC RecommemdaUon: It is the AHC'. positioa 1bat there arc
pm:ccI-. for e&tsblishiDg a sab-dislrict, project spec.i1ic impact deferral
pn,gttll11 to support affordable lJIId worlcforce hovsiDg. For CXIIIIIplc this
JJIClCbenism Wll$ used in the Tmmokalee Deterral Prognun. It is the AHC
position thaI JUCh a project specific progmm does noI. negatively impact
the iJ1tc&.1t.>' of the County-wide impact dcfcaal program JIDd is targeted at
a ~ of the }XlPII1Uion with a sigDificant housiag Deed. 1berefore,
the ARC recommends that the BCC direct the StlJffto~lop a project
specific impBct fee deferral Pf*aIn for tbe newly fcamtd SlIb-district
"I1('~..i"g this project with the t=ns lllId cOnditions RlqUC8tcd by tho
developer_
6. Item H: That the County allows special exceptions to development and
CODCIIl"JmCy aIlmdarda as ~tW under the CWHIP Jecislalion..
· ABC Recommeadado.: The AHC is oftbe opinion tbst.fllccxccpti.ons
speoi1ied IDIder the CWHTP legislations are inumdeclto cover minor
regulatory obstructions which are within the realmof1ile Bee to waive.
'I'h=efure, tb: AHC r=;om.....ds that the Bce agree dIIt it will CODSidcr
rel'lDlion of various standards for CWHTP projects as Outlined in the
CWHJP legislation on a case by case basis.
9001 ~oo'a ~Ltt'
St'zO LOOZ.tt.~~o
7. Item f#7% Tbat the see support the Collier Coanty HousiDa FiDance CoqIoration
(CCHFC) in rnam=rs related to 1IX cmmpt fiDmcing for this project.
. ARC Pteoli.....~-: It ia the ABC's ~ that the
cIe\'.~Jl" will be usiD8" --pt boad il-n-""'s lbrthla project 1brouah
the,CCHFC. As the JIfO.iect ~ the CCHFC wm teqUCSt various
approvals fur 8Dd mppod of1be bond fi-nr.lng from the BCC. At this
point the cIeveloper is RlqIICSUng tbal1hat Bee aclaJOwledgc that it would
IIll1JPOd the CCHFC in this process The ABC is of1he opinion that he
boDd fi..anr.llll is a !\'--y ilmAmg tool to '''''^'''IpUaft tbia project and
1'eCllIIIIDflII tbai the BeC agree to """a;l'Ier and support the CCHPC in
this effort.
L >0 L aBed
90.Jj)ra"'a'-~ ~~l!\l?i'ON
Vag lIN ~Oll l'!~1l8Bv
6t:ZO LOOZ.t&..oo
Agenda Item No. SA
November 13, 2007
Page 1 of 147
EXECUTIVE SUMMARY
PUDA-2007-AR-1l283 Wing South, Inc., represented by Heidi Williams, AICP of Q.
Grady Minor and Associates, P.A., requesting a PUD Amendment to increase the number
of single-.-family dwelling units from 11 units to a maximum of 16 units by increasing
Single-.-Family Residential (Tract B) from 3.7 acres to 5.68 acres and reducing the acreage
of the Private Air Park district (Tract C) from 37.8 acres to 35.82 acres in the
ShadowWood Planned Unit Development (PUD) Ordinance No. 82-49. The subject
property is located on the north side of Rattlesnake-Hammock Road (CR 864)
approximately one mile west of Collier Boulevard (CR 951), northeast of the intersection of
Rattlesnake-.-Hammock Road and Skyway Drive, in Section 16, Township 50 South, Range
26 East, Collier County, Florida
OBJECTIVE:
To have the Board of County Commissioners (BCC) consider a request for an amendment to the
ShadowWood Planned Unit Development (PUD) to increase the number of single-family
dwelling units from II units to a maximum of 16 units. This will be accomplished by
increasing the Single-Family Residential (Tract B) from 3.7 acres to 5.68 acres and by reducing
the acreage of the Private Air Park district (Tract C) from 37.8 acres to 35.82 acres. To maintain
the community's interest as well.
CONSIDERATIONS:
The purpose of this petition is for a minor amendment to the 168.1"= acre ShadowWood PUD,
Ordinance Number 82-49 (originally approved on July 13, 1982) to allow the reallocation of 1.98
acres from Tract C, the Private Air Park district, to Tract B, the' Single-Family Residential
portion of the PUD, in order to add 5 single-family units to Tract B. The additional dwelling
units would increase the overall maximum number of dwelling units in the PUD from 569 to 574
units.
Tracts Band C are the only portions of the ShadowW ood PUD that would be affected by this
change to the PUD. The proposed amendment also requires a revision to the PUD Master Plan
to reflect the change in tract sizes. This amendment proposcs to slightly increase the density and
to slightly reduce the intensity of the currently approved PUD. This amendment does not
propose any change that would affect environmental, buffer, drainage, transportation or
circulation issues. No deviations from the Land Development Code (LDC) are being sought
with this amendment.
FISCAL IMPACT:
.....
The requested amendment of this PUD by and of itself will have no fiscal impact on Collier
County. There is no guarantee that the project, at build out, will maximize its authorized level of
development, however, if the PUD amendment is approved, a portion of the existing land will be
PUDA-2007-AR-11283 ShadowWood PUDA
November 13, 2007 BCC
Page 1 of 8
Agenda l1em No. SA
November 13. 2007
Page 2 of 147
developed and the new development will result in a minor impact on Collier County public
facilities.
The County collects impact fees prior to the issuance of building permits to help offset the
impacts of each new development on public facilities. These impact fees are used to fund
projects identified in the Capital Improvement Element (CIE) of the 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
development order approved by Collier County is required to pay 50 percent of the estimated
Transportation Impact Fees associated with the project. Other fees collected prior to issuance of
a building permit include building permit review fees and utility fees associated with connecting
to the County's water and sewer system.
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):
Future Land Use Element (FLUE):
The subject property is located within the Urban designated area (Urban - Mixed Use District,
Urban Residential Subdistrict) as identified on the Countywide Future Land Use Map (FLUM).
Within this designation, and in accordance with the Density Rating System and the Density
Reduction provisions of the Future Land Use Element (FLUE), a base density of four (4) units
per aere is permitted, with the caveat that since the subject property is located within the Traffic
Congestion Area (TCA), one dwelling unit per acre is subtracted from the base density, thus
yielding a total of three (3) units per acre that is permitted for the subject PUD.
The ShadowWood PUD was approved on .July 13, 1982 by Ordinance 82-49, with a maximum
gross density of 3.6 wlits per acre. Furthermore, right-of-way was dedicated from this property
for the widening of Rattlesnake-Hanlmock Road. Consequently, via Policy 5.10 of the FLUE,
the existing gross density of 3.6 units per acre is deemed to be consistent with the FLUE based
upon an exemption application approved pursuant to the Zoning Reevaluation Program adopted
by Ordinance 90-23. Oliginally, staff determined that via Policy 5.1 of the FLUE, properties that
were approved for commercial and residential uses prior to the adoption of the GMP in 1989,
and which are also consistent by Policy pursuant to Ordinance 90-23, such as the subject PUD,
may be allowed to increase the amount of dwelling units as long as there is a reduction in the
commercial area so that the overall density and intensity of the development is not increased.
This determination was based upon the former FLUE Policy 5.1 - that which existed prior to
Policy 5.1 being amended earlier this year as part of the Evaluation and Appraisal Report (EAR)-
based amendments to the GMP.
Density in the existing PUD was approved prior to the adoption of the Density Rating System of
the FLUE. Said density was calculated by taking into account the Multi-Family Residential
PUDA-2007-AR-11283 ShadowWood PUDA
November 13. 2007 BCC
Page 2 of 8
Agenda item [\]0. SA
November 13, 2007
F)age 3 of 147
portion of the PUD (tracts A and E), the Single-Family Residential area (tract B), the entrance
road, and the Private Air Park District (tract C) of the PUD Master Plan and which was approved
for non-residential uses. The Density Rating System of the FLUE states that acreage to be used
for calculating density is exclusivc of the commercial and industrial portions of a project. The
commercial area (tract D) was originally excluded from the density calculations. Originally,
staff had determined that the Air Park (tract C) should be viewed as a commercial use and
excluded from density calculations. Tn this regard, and taking into account only the residential
uses of this development (residential tracts and roadway), the proposed additional density into
tract B, from II to 16 dwelling units, and the addition of 1.98 acres into this tract, would result in
a reduction of the overall density of the PUD:
Approved (existing) PUD density:
569 du -i- 157.8 acres [113.3 (tract A and E) + 3.7 (tract B) + 37.8 (tract C) + 3.0 (entrance dlive),
and exclusive of Tract D, the commercial tract] = 3.6 units/acre
Approved (existing) PUD density exclusive of the non-residential use (tract C), in addition to
excluding Tract D:
569 du -i- 120 acres [113.3 (tract A and E) + 3.7 (tract B) + 3.0 (entrance drive)] = 4.74 units/acre
Proposed PUD amendment density exclusive of the non-residential use (tract C), in addition to
excluding Tract D, with conversion of 1.98 acres to Residential tract, plus addition of 5 dwelling
units:
574 du -i- 121.98 [113.3 (tract A and E) + 5.68 (tract B) + 3.0 (entrance drive)] = 4.71 units/acre
Conversely, part of the request is to subtract 1.98 acres from tract C, the Private Air Park
District, which has been developed as the airplane runway for the development. Said tract
allows for non-residential uses, therefore, it was originally determined the request would reduce
the overall intensity of the PUD (4.74 units/acre - 4.71 units/acre = 0.03 units/acre reduction.
FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area.
Comprehensive Planning leaves this determination to the Zoning and Land Development Review
Department's staff as part of the total review of the petition.
The original conclusion was that the amendment to the ShadowWood PUD could be deemed
consistent with the FLUE via Policy 5.1.
Revised Review & Analvsis
At the CCPC hearing on Septembcr 20, 2007 stafT recommended this petition be found
consistent with the FLUE per the above analysis. Nonetheless, staff became uneasy with that
recommendation based upon its review of the new, EAR-based Policy 5.1 while at the CCPC
hearing. Subsequent to the CCPC hearing, statT further reviewed this petition in light of new
Policy 5.1 and changed its recommendation to one of this petition not being consistent with the
FLUE. This reversal was not based upon the CCPC recommendation or any other external
factor, though the CCPC questioning of staff highlighted the consistency issue.
PUDA-2007-AR-11283 ShadowWood PUDA
November 13, 2007 BCC
Page 3 of 8
Agenda Item No. 8A
November 13, 2007
Page 4 of 147
Though Tract C, Private Air Park District, does allow - and is developed with - non-residential
uses, staff does not believe it equates to a commerciai or industrial land use such that the acreage
of Tract C should be excluded from residential density caiculations. Ajso, new Policy 5.1 (see
below) contains no provision to "convert" non-residential use to residential density.
New FLUE Policv 5.1:
Policy 5.1:
All rezonings must be consistent with this Growth Management Plan. For properties
that are zoned inconsistent with the Future Land Use Designation Description Section
but have nonetheless been determined to be consistent with the Future Land Use
Element, as provided for in Policies 5.9 through 5.13, the following provisions apply:
a. For such commercially-zoned properties, zoning changes will be allowed
provided the new zoning district is the same or a lower intensity commerciai
zoning district as the existing zoning district, and provided the overall intensity of
commerciai land use allowed by the existing zoning district, except as allowed by
Policy 5.11, is not exceeded in the new zoning district. The foregoing
notwithstanding, such commercial properties may be approved for the addition of
residential uses, in accordance with the Commercial Mixed Use Subdistrict,
though an increase in overail intensity may result. A zoning change of such
commercial-zoned properties to a residential zoning district is allowed as
provided for in the Density Rating System of this Future Land Use Element.
b. For such industrially-zoned properties, zoning changes wilI be allowed provided
the new zoning district is the same or a lower intensity industrial, or commercial,
zoning district as the existing zoning district, and provided the overall intensity of
industrial land use allowed hy the existing zoning district is not exceeded in the
new zoning district.
c. For such residentially-zoned properties, zoning changes will be allowed provided
the authorized number of dwelling units in the new zoning district does not
exceed that authorized by the existing zoning district, and provided the overail
intensity of development allowed by the new zoning district does not exceed that
allowed by the existing zoning district.
d. For property deemed to he consistent with this Element pursuant to one or more
of policies 5.9 through 5.13, said property may be comhined and developed with
other property, whether such other property is deemed consistent via those same
policies or is deemed consistent with the Future Land Use Designation
Description Section. For residentiaj and mixed use developments only, the
accwnulated density between these properties may be distributed throughout the
project, as provided for in the Density Rating System or the Commercial Mixed
Use Subdistrict, as applicable.
e. Overall intensity of development shall be determined based upon a comparison of
public facility impacts as allowed by the existing zoning district and the proposed
zoning district.
Based upon the above revised analysis, staff concludes the amendment to the ShadowWood PUD
may not be deemed consistent with the FLUE. However, IF the BCC should disagree, staff
PUDA-2007-AR-11283 ShadowWood PUDA
November 13. 2007 BCC
Page 4 of 8
Aqenda Item No. SA
N'ovember 13. 2007
Page 5 of 147
would suggest the BCC base its consistency finding on Tract C being deemed as an industrial
land use rather than a commercial land use, and rather than determining this amendment is
consistent via Policy 5.1.
Transportation Element:
The Transportation Division has reviewed the amendment request and deemed the ShadowWood
PUD Amendment is consistent with Policies 5. I and 5.2. of the Transportation Element of the
Growth Management Plan.
AFFORDABLE HOUSING IMPACT:
The existing PUD does not contain any provisions for affordable housing units or financial
contribution for such. The applicant has not offered contribution to offset the development's
impact on affordable housing.
ENVIRONMENTAL ISSUES:
Environmental Services staff reviewed this petition and determined that the proposed
amendment will not have any impact on environmental issues. Similarly the Environmental
Advisory Council did not review this petition because the proposed changes do not have any
impact on environmental issues.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDA TION:
The Commission Chairman questioned the Comprehensive Planning Manager about the
consistency of this petition with GMP Policy 5.1. The Comprehensive Planning Manager
explained that this PUD amendment is consistent by principal and that the original GMP
Consistency determination was based upon the reduction in intensity and density. (GMP Policy
5. I was amended in January of 2007). The Air Park Tract "c" was viewed as a non-residential
use in order to arrive at this conclusion.
The Commission Chairman stated that in the LDC an airpark is considered an Industrial or a
Business Park use. The Chainnan also reiterated the GMP Policy 5.1 language which states:
"For such commercially zoned properties, zoning changes will be allowed provided the new
zoning district is the same or a lower intensity commercial zoning district as the existing zoning
district, and provided the overall intensity of commercial land use allowed by the existing zoning
district, except as allowed by Policy 5. 11, is not exceeded in the new zoning district. The
foregoing notwithstanding, such commercial propeliies may be approved for the addition of
residential uses, in accordance with the Commercial Mixed Use Subdistrict, though an increase
in overall intensity may result. A zoning change of such commercial-zoned properties to a
residential zoning district is allowed as provided for in the Density Rating System of this Future
Land Use Element." The Comprehensive Planning Manager responded that if a strict reading of
the current GMP language is applied, then this petition woujd not be consistent with the GMP.
The Air Park tract is not a commercial use. The Chairman expressed his concerns that if this
PUDA-2007-AR-11283 ShadowWood PUDA
November 13. 2007 BCC
Page 5 of 8
Aaenda Item No. SA
N'ovember 13, 2007
Page 5 of 147
tract were considered a commercial use for residential density calculation pwposes, then it might
also be considered commercial for a future commercial conversion. The Chairman further
explained that he is not concerned by the proposed addition of the 5 single family home lots
within this PUD. However, the Chairman is concerned by the inconsistency ofthis petition with
the GMP and the potential for what approval of this petition might lead to for this and other
projects.
The Commission Chairman motioned for denial of this petition based upon its inconsistency with
the GMP and Rezone Findings I and 12, and PUD Finding 3, all of which relate to conformity
with the GMP. The motion was seconded. The Collier County Planning Commission (CCPC)
voted 7-1 to forward to the Board of County Commissioners (BCC) this petition with a
recommendation of denial.
LEGAL CONSIDERATIONS;
This is an amendment to the existing ShadowWood PUD (Ordinance No. 82-49) which proposes
to add five single-family residential dwelling units. This proposed amendment is quasi-judicial
in nature. As such the burden falls upon the applicant for the amendment to prove that the
proposal is consistent with all of the criteria set forth below. The burden then shifts to the Board
of County Commissioners (BCC), should it consider denial, that such denial is not arbitrary,
discriminatory or unreasonable. This would be accomplished by finding that the amendment
does not meet one or more of the listed critelia.
Criteria for PUD Rezones
Ask yourself the following questions. The answers assist you in making a determination for
approval or not.
1. Consider: The suitability of the area for the type and pattern of development
proposed in relation to physical characteristics of the land, surrounding areas, traffic
and access, drainage, sewer, water, and other utilities.
2. Is there an adequacy of evidence of unified control and suitability of agreements,
contract, or other instruments or for amendments in those proposed, particularly as
they may relate to arrangements or provisions to be made for the continuing operation
and maintenance of such areas and facilities that are nut to be provided or maintained
at public expense? Findings and recommendalions of this type shall be made only
after consultation with the Coun(y Atto/1Jey.
3. Consider: Conformity of the proposed PUD with the goals, objectives and policies
of the Growth Management Plan.
4. Consider: The internal and external compatibility of proposed uses, which
conditions may include restrictions on location of improvements, restrictions on
design, and buffering and screening requirements.
PUDA-2007-AR-11283 ShadowWood PUDA
November 13, 2007 BCC
Page 6 of 8
Agenda liem I~o. SA
November 13. 2007
Page 7 of 147
5. Is there an adequacy of usable open space areas in existence and as proposed to serve
the development?
6. Consider: The timing or sequence of development (as proposed) for the purpose of
assuring the adequacy of available improvements and facilities, both public and
private.
7. Consider: The ability of the subject property and of surrounding areas to
accommodate expansion.
8. Consider: Conformity with PUD regulations, or as to desirable modifications of
such regulations in the particular case, based on determination that such modifications
are justified as meeting public purposes to a degree at least equivalent to litera!
application of such regulations.
9. Will the proposed change be consistent with the goals, objectives, and policies and
future land use map and the elements of the Growth Management Plan?
10. Wi!! the proposed PUD Rezone be appropriate considering the existing land use
pattern ?
11. Would the requested PUD Rezone result in the possible creation of an isolated district
unrelated to adjacent and nearby districts?
12. Consider: Whether existing district boundaries are illogically drawn in relation to
existing conditions on the property proposed for change.
13. Consider: Whether changed or changing conditions make the passage of the
proposed amendment necessary.
14. Will the proposed change adversely influence living conditions in the neighborhood?
] 5. Will the proposed change create or excessively increase traffic congestion or create
types of traffic deemed incompatible with surrounding land uses, because of peak
volumes or projected types of vehicular traffic, including activity during construction
phases of the development, or otherwise affect public safety?
16. Will the proposed change create a drainage problem?
17. Will the proposed change seriously reduce light and air to adjacent areas?
18. Will the proposed change adversely affect property values in the adjacent area?
PUDA-2007-AR-11283 ShadowWood PUDA
November 13. 2007 BCC
Page 7 of 8
Agenda Item No. 8A
November 13, 2007
Page 8 of 147
19. Will the proposed change be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations?
20. Consider: Whether the 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 m
accordance with existing zoning? (a "core" question...)
22. Is the change suggested out of scale with the needs of the neighborhood or the
County?
23. Consider: Whether it is impossible to find other adequate sites in the County for the
proposed use in districts already permitting such use.
24. Consider: The physical characteristics of the property and the degree of site
alteration which would be required to make the property usable for any of the range
of potential uses under the proposed zoning classification.
25. Consider: The impact of development resulting from the proposed PUD rezone on
the availability of adequate public facililics 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
ch.106, art.II], as amended.
26. Are there other factors, standards, or criteria relating to the PUD rezone request that
the Board of County Commissioners shall deem impOliant in the protection of the
public health, safety, and welfare?
The BCC must base its decision upon the competent, substantial evidence presented by the
written materials supplied to it, including but not limited to the Staff Report, Executive
Summary, maps, studies, letters from interested persons and the oral testimony presented at the
Board of County Commissioners hearing as these materials relate to these criteria.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners deny PUDA-2007-AR-11283
ShadowWood PUD amendment.
PREPARED BY:
Nancy Gundlach, Principal Planner
Department of Zoning and Land Development Review
PUDA-2007-AR-11283 ShadowWood PUDA
November 13, 2007 BCC
Page 8 of 8
Item Number:
Item Summary:
Meeting Date:
Page 1 of 1
Agend,j I!;~m Nt,. f.:A,
Novernb.J 13. 2DD7
P,](]e 9 of 147
COLLIER COUNTY
BOARD OF COUNTY COMMfSSIONERS
8A
"'hi3il€m '€ljUlreStllatCliJpartlClOanrSbesworniflan(Jexpal1eOisclosurebeprovided by
CU!l1missiorl rl1efTlbers,P~JD'!\'-='007-AR_112D~; (NO:! \Nillg South Inc, represented by Heidi
':}I'iisll1S, ,\ICF' of Q Grady Mmor and Assaclale~, FA, requestl'lg an 0mendment of the
Sh~,dow'NQod "Ianned Ulllt Development (PUD) Ordinance No 82-4,) L increase the
'll;mberQfSlligle-fall1llydv>'ellillgllllltsfrorn 11 units to a rTl<lXImUI1lof 16ulli:sby mCleasmg
tile 31n(ll" Famiiy Resldent",1 (Tract B) !rom 3,7 aoes to" (',8 ae<e, and redllung the
acreage 01 Hit Prlv"tp Ai' r~arK custri~\ (Tract C) froll1 :.F,8 acres to :~,,82 acres :'Ile subject
propenv is locate0 ,~lonQ HIl; north Side of Ral1lesnake-Ha:mnock P02ld, approxiltldlely one
rnllewesi of::oi!i=I-Boulevard rCF 9S1i l10nheast of the i'liersecUon O'r\alteSlldke_
HammOCK Road iind Skyway Drive Ir1 Section 16, Township 50 $ouHl, R"mge 2E Eas:
COliie, County, F:o<:da
11113120079[JQOOi'.M
Date
Prepared By
NllncyGundlach
CommUf'lty CJ!'velopment &
Environm,.,m"IServices
Principal Planner
Zoning & Lmd Development Review
10122/1:0071:20:12 PM
Date
Approvt"dBy
Marlene Stewart
Community Developrnent &
Environmental Services
Executive Secret..ry
Community Development &
EnvirollmenlaIService.sAdmill.
1W1:212007J:l1 PM
:Jille
Approved By
JudyPuig (mnMiol1sAnalyst
Commwdb Development & Com"'"nit\, De'lei<.1Pmcnt &
Environnental Service;, i:onv,mnrrl','nta! Services Allmon
10,'22i200i 3,14 Pf\o',
Appro\'cdBy
U.1ie
NOn'n 0:. Feder-AICP
1 ran,.,pc~':'-,t,on Services
lransportmwn Divl5'on fqmmisirmor
It'Ml~INrt~llon SerViel1S Admin
1Cl.'23i2QOiH:25AM
(Jate
Approved Dr
Raj h,lhW&
Co::,mm,,," Development &
t',nvim,w:"ntaIServlce~
Ct;iefPlanfler
Zoning&. L"n:; Development Re'l,ew
10123/20075,10PM
Date
Approved By
Susan Murr2y. AICP
Commun:tl' [Jevelapment&
EnvironrnentalSer'JlCo5
ZOning 8. Land DL'velopm0nt Director
Zoning & Land Dev~IQpmenl ReView
1(),'24/20071:55PM
Cnmll1unrL[kvelopn',enti
Approved By
Josupt1 K. ~chmitt
E'lvironm'.,n:',,: Scr'Ji~,,:, p,(ll1mstramr
Dat.,
C"fT1munltv i')'2'i',:"io!llllent & CammuI'lt ' L.",'vE\lq""""'n:!;
t:nvironrn' '<<' ",et\.-",~,:: {" '1"0
10.'2SI20073:38PM
F'r.,irc"'''C'lld''''r\lICes
D~le
Approved By
OMB Cocrdir;;,tor
Admini,.~,;)~i\'c' Services
ArlPllc~lions Annlys\
IntorO"[;atlonl"ch:1ology
1C!Jlli20072:0BPM
Date
Approved By
Mm': ,',"--k$on
COl1n!
''')(l( ~s Office
DJle
ApIJrU\'t"d ny
Jam",: ~'\lldd
80am0'(,aunty
(;omnli,""oners
Budget Analyst
Office of r~anay€m~n' t.- Budget
1OIJ1,'200710:16AM
COunl)'et.anagEJr
CNmty Manager's Oft;ce
nI2/200712,07PM
file://C:\Al'.endaTest\Export\92-Novcmber%,20 13. %202007\OR. %20ADVERTISED%20PI J
1117/2007
AGENDA ITEM .8-E
AqenOct neni'No.ol.\
N~overnber 13, 2007
Page 10 of 147
CO~Y County
-
ST AFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
HEARING DATE: SEPTEMBER 20, 2007
Mr. Jim Kaiser
Wing South Inc.
4130 Skyway Drive
Naples, FL 34112
Ms. Heidi Williams, AICP
Q. Grady Minor & Associates
3800 Via Del Rcy
Bonita Springs, FL 34134
REOUESTED ACTION:
The petitioner requests that the Collier County Planning Commission (CepC) consider a proposed
amendment to thc ShadowWood Planned Unit Developmcnt (PUD) to increase the number of
single family dwelling units from 11 units to a maximunl of 16 units by increasing Single Family
Residential (Tract B) from 3.7 acres to 5.68 acres and reducing thc acreage of the Private Air Park
district (Tract C) from 37.8 acres to 35.82 acrcs.
GEOGRAPHIC LOCATION:
The ShadowWood PUD is located on the north side of Rattlesnake Hammock Road,
approximately one mile west of Collier Boulevard (CR 951), northeast of the intersection of
Rattlcsnake-Hammock Road (CR-864) and Skyway Drive, in Section 16, Township 50 South,
Range 26 East, Collier County, Florida. (Sce thc location map on following page.)
PURPOSEIDESCRIPTION OF PROJECT:
The purpose of this petition is for a minor amendment to the 168.1010 aere ShadowWood PUD,
(originally approved on July 13, 1982) to allow the reallocation of 1.98 acres from Tract C, the
Private Air Park District, to Tract B, the Single-Family Residential p011ion of the PUD, in order to
add 5 single-family units to Tract B. The additional dwelling units would increase the overall
maximum number of dwelling units in the PUD from 569 to 574 units.
ShadowWood PUD, PUDA-2007-AR-11283
September 20, 2007 eepe
Page 1 of9
A~enda Item ~io. 8A
N:ovember 13, 2007
Page 11 of 147
Tracts Band C are the only portions of the ShadowWood PUD that would be affected by this
change to the PUD. The proposed amendment also requires a revision to the POO Master Plan to
reflect the change in tract sizes. This amendment does not propose to increase the density or
intensity of the currently approved PUD. In addition, this amendment does not propose any land
use change, or any change that would affect environmental, buffer, drainage, transportation 01'
circulation issues. No deviations from the Land Development Code (LDC) are being sought with
this amendment.
SURROUNDING LAND USE AND ZONING:
North: a future right of way reservation tract of "Naples Heritage Golf and Country Club PUD," a
golf course residential community (density of 1.43 units per acre) and undeveloped land with a
zoning designation of A.
East: preserve areas of "Naples Lakes Country Club PUD", a golf course residential community
(density 1.67 units per acre) and undeveloped conservation land within "LASIP Conservation Area
PUD."
South: Rattlesnake Hammock Road (C.R 864), then undeveloped parcels within "Lely, a Resort
Community, Development of Regional Impact" (DR]) (density of 3.5 units per acre).
West: Single-family dwellings, multi-family dwellings, and vacant land, with zoning designations
of RMF-6, RSF-3, RSF-4 and A with a special treatment overlay on a small pOltion of the arca
(6,O~ acres).
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AERIAL OF SURROUNDING SHADOWWOOD PUD LAND USES
ShadowWood PUD, PUDA-2007-AR-11283
September 20, 2007 cepe
Page 2 of 9
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Aaenda Item [\Jo. ~jA
N'ovember 13, 2007
Page 13 of 147
GROWTH MANAGEMENT PLAN (<iMP) CONSISTENCY:
Future Land Use Element: Thc subjcet propcrty is located within the Urban designated area
(Urban - Mixed Use District, Urban Rcsidential Subdistrict) as identified on the countywide
Future Land Use Map (PLUM). Within this designation, and in accordance with the Density
Rating System and the Density Reduction provisions of the Future Land Use Elcment (FLUE), a
hase density of four (4) units pel' acre is permitted, with the caveat that since thc subject property is
located within the Traffic Congestion Area (TCA), one dwelling unit per acre is suhtracted from
the base density, thus yielding a total ofthrce (3) units per acre that is permitted for the suhjeet
PUD.
The ShadowWood PUD was approved on July ]3, 1982 by Ordinance 82-49, with a maximum
gross density of 3.6 units pel' acre. Furthermore, right-of-way was dedicated from this property for
the widening of Rattlesnake-Hammock Road. Consequently, via Policy 5.10 of the FLUE, the
existing gross density of 3.6 units pcr acre is deemed to be consistent with the FLUE based upon
an exemption application approved pursuant to the Zoning Reevajuation Program adopted by
Ordinance 90-23. Additionally, via Policy 5.1 of the FLUE, propClties t1mt were approved for
commercial and residential uses prior to the adoption of the GMP in ] 989, and which are also
consistent by Policy pursuant to Ordinance 90-23, such as the subject PUD, may be allowed to
increase the amount of dwelling units as long as there is a reduction in the commercial area so that
the overall density and intensity of the dcvelopment is not increased.
Density in the existing PUD was approved prior to the adoption of the Density Rating System of
the FLUE. Said density was calculated by taking into account the Multi-Family Residential
pOltion of the PUD (tracts A and E), the Single-Family Residential area (tract B), the entrance
road, and the Private Ail' Park District (tract C) of the PUD Master Plan and which was approved
for non-residential uses. The Density Rating System of the FLUE states that acreage to be used for
calculating density is exclusive of the commercial and industrial portions of a project. The
commercial area (tract D) was originally excluded from the density calculations. Now, staff has
detcrmined that the Air Park (tract C) should be viewed as a commercial use and excluded fi'om
density calculations. In this regard, and taking into account only the residcntial uses of this
development (residcntial tracts and roadway), the proposed additional density into tract B, from 11
to 16 dwelling units, and the addition of 1.98 acres into this tract, would result in a reduction of the
overall density of the PUD:
Approved PUD:
569 du 7[113.3 (tract A and E) + 3.7 (tract B) + 37.8 (tract C) + 3.0 (entrance drive)] = 3.6
units/acre
Approved PUD density exclusive of the non-residential use (tract C);
569 du 7 [113.3 (tract A and E) + 3.7 (tract B) + 3.0 (entrance drive)] = 4.74 units/acre
Proposed PUD amendment:
574 du 7 [113.3 (tract A and E) + 5.68 (tract B) -I- 3.0 (entrance drive)] = 4.7] units/acre
Conversely, part of the request is to subtract 1.98 acrcs from tract C, the Private Air Park District,
which has been developed as the airplane runway for the devclopment. Said tract allows for non-
ShadowWood PUD, PUDA.2007-AR-11283
September 20, 2007 ccpe
Page 4 019
Aoenda Item No. SA
f'i-ovember 13. 2007
Page 14 of .'i.o\7
residential uses, thercfore the request would reduce the overall intensity of the PUD (4.74
units/acre - 4.71 units/acre = 0.03 units/acre reduction).
Via Policy 5.1, dwelling units may be added to this PUD because the amendment also proposes to
reduce the intensity of the ovcrall PUD. Therefore, staff concludcs the amendment to the
ShadowWood PUD may be deemed consistent with the FLUE.
Transportation Element: The Transportation Division has reviewed the proposed amendment
and finds the following:
The adjacent roadway network has sufficient capacity to accommodate this project throughout the
five-year plamling period. Rat11esnake Hammock Road has a service volume of 3,200 trips, with a
remaining capacity of approximately 2,437 trips between Polly A venue and CR-95 1 ; and is
cUl1'ently at LOS "B" as stated by the 2006 AUIR. Improvements of roadways adjacent to
Rattlesnake Hammock Road are scheduled for completion in January 2008. This includes
alignment of the intersection of Skyway Drive and Grand Lcly Drive at Rattlesnake Hammock
Road. The intersection will remain unsignalized at this time. The proposed development produces
3 PM peak hour, peak direction trips which represent less that a .01 percent impact, therefore the
project is consistent with Policies 5.1 and 5.2. of the TranspOliation Elemcnt of the Growth
Management Plan (OMP).
ANALYSIS:
Staff completed a comprehensive evaluation of this land use petition and the criteria upon which a
favorable determination must be based. These criteria are specifically noted in Sections
10.02.13.B.5 and 10.03.05.H of the Land Dcvelopment Code and required staff cvaluation and
comment. The staff evaluation establishes a factual basis to support the recommendations of staff.
The Collier County Planning Commission (CCPC) uses these same criteria as the basis for their
recOlmnendation to the Board of County Commissioners (BCC), who in turn, use the criteria to
support their action on the rezoning request. These evaluations are completed as separate
documents and are attached to the staff report (See Exhibit A and Exhibit B).
Envir'onmental Review; Environmental Services staff reviewed this petition and detClmined that
the proposed amcndmcnt will not have any impact on environmental issues. Similarly the
Environmental Advisory Council did not review this petition because the proposed changes do not
have any impact on environmcntal issues.
Transportation Planning Review; Transportation Planning staff has reviewed this project and is
recommending approval of this amendment subject to the following stipulation:
The developer shall pay hisfair share of the intersection improvcmenls at Rattlesnake lIammock
and S/"yway Drive currenlly undergoing construelion as part of the Rattlesnake Hammock
Widening project. Payment shall be requiredfor six "P.M. Peak Haul''' trips pI"ior 10 Ihe issuance
of the final certificate of occupancy for the newly constructed homes.
Utilities Review: This project is located within the Collier County Sewer Distlict boundary, and
shall be subject to application for and conditions associated with a sewer availability letter from
the Collier Connty Utilities Division. Tbis project is required to comply with Ordinance 2004-31.
ShadowWood PUD, PUDA-2007.AR.11283
September 20. 2007 cepe
Page 5 of9
Agenda item l'~o. 8A
November: 3. 2007
Page 15of147
According to the GIS, there is an existing 20-inch water main and 20-inch force main along
Rattlesnake Hammock Road.
Emergency Management Review: The ShadowWood PUD is located in a Category 3 Hurricane
Surge Zone which requires cvacuation during some hurricane events. The addition of five
residential units has minimal impact. Therefore, the Emergency Management Dcpaltment has no
issues with approval of this petition.
Zoning Review: A discussion of this relationship, as it applies specifically to Collier County's
legal basis for land use planning, refers to the relationship of the uses that would be pennittcd if
the proposed zoning action (PUD amendment) is approved, and to the requircments or limitations
set forth in the FLUE of the GMP. The proposed change as noted previously is minor - to add five
single-family dwelling units to thc PUD by transferring 1.98 acrcs from Tract C (Private Airpark
District) to Tract B (Single-Family Rcsidcntial).
As noted in the GMP discussion, this PUD was approved prior to the adoption of the GMP, and
has thus bcen deemed consistent by Policy if the overall density or intensity of use is not increased.
When the ShadowWood PUD was originally approved, it was already determincd that the uses
should be compatible with the land uses that have been developcd or would be developed on
adjacent tracts. As discerned from the aerial photograph, the surrounding zoning discussion and
thc Master Plan, the ShadowWood PUD is already developed with singlc-family housing. The
proposed single-family housing would simply be a continuation of the cxisting line of single-
family homcs located directly to the north of the proposed single-family homcs. In addition, the
proposed single-family homes will be developed to the same PUD development standards as the
existing single-family homes.
The neighboring area has co-existed within thc existing ShadowWood development with
seemingly little problems. As previously noted, the propelty to the nOlth of the proposed site is
single-family homes. Directly cast of the site is Tract C, which contains the private air strip. To
tlle south of the proposed single-family homes is Rattlesnake Hammock Road. Directly to the
west is Skyway Drive, which the proposc homes will front onto and be accessed from, then a lake
and multi-family homes.
ShadowWood PUD, PUDA-2007-AR-11283
September 20, 2007 ccpe
Page 6of9
,1l,aenda Item I~o. 8.1\
~"j~ovember "[ 3. 2007
Page 16 of 147
AERIAL OF PROJECT SITE
The original Master Plan submitted for the entil'e ShadowWood PUD is bal'ely legible. The
petitioner has provided a I'edrawn PUD master plan that was recreated from the original adopted
PUD master plan. It is entitled "B" and "PUD Master Plan" and dated Decembel' 2006. Only the
absolute minimal revisions from the original master plan are shown. The revisions include strike
through/underlines to the Summary Table and boundary changes to Tracts Band C. If the
proposed zoning action (PUD amendment) is approved, this project will be required to undel'go
review for Land Development (LDC) compliance at the time of future submittal.
NEIGHBORHOOD INFORMATION MEETING (NIM):
The applicant duly noticed and held the required meeting on May 23, 2007 at 5;30 p.m. at the
Wing South Clubhouse, 4130 Skyway Drive, Naples, 1'1. Approximately twenty people including
the applicant, agent and county staff attended the meeting. Of those who spoke, most supported
the single-family development proposed by the applicant. Most of the concems stated were relative
to traffic, the architectural look of the homes, and the association. Heidi Williams, of Q. Grady
Minor and Associates, responded that thc access to the new homes would be Skyway Drive and
that 6 trips during peak hours would be created. She also stated that the homes would be similar in
style to neighboring homes and the applicant is willing to propose language for the homeowner's
ShadowWood PUD, PUDA-2007-AR-11283
September 20, 2007 CCPC
Page 7 of 9
Aaenda Item f\jo eA
t,Tovember 13. iool
Page 17 of 147
association documents to reflect this commitment. The applicant is also working with the Tract B
homeowners association to determine if they might be interested in adding the new homeowners to
their association. If not, the applicant proposes to form a new homeowncrs association. The agent
also cxplained to the neighbors that the five proposed homes are to be located on approximately 2
acres and that the property would be convelied fl'Om Tract C to Tract B. Synopsis pJ'Ovided by
Consuela Whiteway, Planning Technician and rewritten by Nancy Gundlach, Principal Planner.
RECOMMENDA nON:
Zoning and Land Development Review staff recommends that the Collier County Planning
COlmnission forward Petition PUDA-2007-AR-11283 to the Board of County Commissioners
with a recommendation that this amendment be approved.
PREPARED BY:
(/' ,"l l 'ul^---
NANCY G,(JN LA- .1, AICP, PRINCIPAL PLANNER
DEI' ARTME1'lT OF ZONING AND
LAND DEVELOPMENT REVIEW
'\' /) /(~ ,1 /,
vu V lel
("J 2'-' /"7
t:.:;' ~)o l/i
DATE
REVIEWED BY:
OlJl ' /J,b...~(e!Jd -
MAR.TQ.! EM. STUDENT-STIRLING
ASSISTANT COUNTY ATTORNEY
-
~,(V6
8- 30 ~{)1-
DATE
~ /1
(j'/ (1/
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('" "''''''''/. . (ilCl, /~
RAY ND V. BELLOWS, MANAGER
DEPARTMENT OF ZONING AND
LAND DEVELOPMENT REVIEW
c, ...,.
).':-. (, ~o 07
'..' ...~ . '" ,
DATE
x:iU....J1i Yn. ..dJ.A1i;heL)
/' SUSAN M. ISTENES, AICl', DIRECTOR
DEPARTMENT OF ZONING AND
LAND DEVELOPMENT REVIEW
9-(; -07
DATE
ShadowWood PUD, PUDA-2007.AR.11283
September 20, 2007 CCPC
Page 8 of 9
AC1enda Itsm No. 8l~,
~~ovembei- 13, 200?
r)(-;ge 1Ei of 11',7
APPROVED BY:
J S ~ '~. ;C~~ ADMINISTRA TOR-
o MUNITY DEVELOPMENT &
IRONMENTAL SERVICES DIVISION
. yt/?'?
I DATE
Tentatively scheduled for the November 13,2007 Board of County Commissioners Meeting.
COLLIER COUNTY PLANNING COMMISSION:
/1 /1 . (~':/I ;..-...
, I . ; . 1-,'
, \ /, . !' ,
\1 v ,vvV-' i A~'~C L._j,
MARK P. STRAIN, CHAIRMAN
O. _ r- ! -.' -7
') '--' i L..i_
DATE
Exhibits: A. Rezone Findings
B. PUD Findings
C. PUD Master Plan
ShadowWood PUD. PUDA.2D07-AR.11283
September 20, 2007 cepe
Page 9 of 9
Aoenda Item No SA
November 13. 2007
Page 19 of 147
Exhibit A
REZONE FINDINGS
PETITION PUDA-2007-AR-11283
Chapter I O.03.05.H of the Collier County Land Development Code (LDC) requires that the report and
recommendations of the Planning Commission to the Board of County Commissioners show that the
Planning Commission has studied and considered the proposed change in relation to the following,
where applicable:
1. Whether the proposed change will be consistent with the goals, objectives, and policies of
the Future Land Use Element (FLUE) and Future Land Use Map and the elements of the
Growth Management Plan (GMP).
Pro: County staff has reviewed this petition and has offered an in-depth analysis (see staff
report) of the relevant goals, objectives and policies ofthc Future Land Use Element and thc of
the GMP offering a recommendation that this petition be found consistent with the overall
GMP.
Con: None,
Findings: Based upon stafPs review, the proposcd PUD amendment is in compliance with the
Future Land Use Element (FLUE) of the Growth Management Plan (GMP) for Collier COlU1ty
and all other relevant goals, objectives and policies of the GMP.
2. The existing land use pattern.
Pro: The location and zoning map attached to the staff rcpOlt shows that the project site is a
logical extension of the cxisting row of single-family homes.
Con: The proposed changc may bc vicwcd by the surrounding propelty owners as an intrusion
of new housing into their neighborhood.
Finding: Staff believes the proposed PUD amendment will have a minimal impact on the
existing land use.
3. The possible creation of an isolated district unrelated to adjacent and nearby districts,
Pro/Con; Evaluation not applicable,
Findings: Thc location and zoning map attached to the staffrepOlt shows that the proposed site
size and configuration of the tract is a logical extension of the single-family home tract, Tract
B.
4. Wbether existing district boundaries are illogically drawn in relation to existing
conditions on tbe property proposed for change.
Page 1 of 5
,L\aenda Item !\!o. t:A
!'~overYi:Jel' 13, 20G7
Page 20 of 147
Pro/Con; Evaluation not applicable,
Findings: The district boundaries are logically drawn as previously noted.
5. Whether changed or changing conditions make the passage of the proposed land use
change necessary.
Pro: The proposed change is not necessary, per se; it is being requested in compliance with the
LDC allowances to seek such changes.
Con: The subject tract cannot be developed in the manner currently proposed by the petitioner.
It is the petitioner's choice to seek the proposed action.
Findings: The proposed zoning change is appropriate based on the existing conditions of the
property and because its relationship to the FLUE (Future Land Use Element of the GMP) is
positive.
6. Whethcr the proposed changc will adversely influcnce living conditions in thc
neighborhood.
Pro: The County's cunent land use policies in the FLUE support the proposed action and the
proposed use is not contrary to the current land use policies. As outlined in the Staff Report,
adding 5 units and transferring land from onc dcvelopment tract to another will have a minimal
impact on the density, changing it from 4.74 units per acre to 4.71 units per acre.
Con: The additional dwclling units could reduce the arca perceived by the residents as
open space.
Findings; The proposed change will not adversely influence living conditions in the
neighborhood because the existing development standards outlined in PUD should ensure the
least amount of adverse impact on adjacent and nearby developments.
7. Whethcr the proposed change will crcate or exccssively inCI'ease traffic congcstion or
crcate types of traffle dee.Dlcd incomputible with surrounding Jund uses because of pcak
volumes or projected types of vchiculur traffic, including activity during construction
phases of the devclopment, 01' otherwise affect puhlic safety.
Pro: Development of the subject propeliy is consistent with provisions of the Transportation
Element of the GMP; approval of this project will have a de minimis impact on traffic,
Con: The site gencrated traffic from the five additional dwelling units may be perceived by the
surrounding property owncrs as causing negative impacts.
EXHIBIT A
Rezone Findings
PUDA-2007-AR-11283
Page 2 of 5
Agencla Itsm 1'0. 8A
Novembsr ~ 3, 2007
Page 2-, 01 "47
Findings: Evaluation of this project took into account the requirement for consistency with the
Traffic Element of the GMP and the project was found consistent.
8, Whether the proposed change will create a drainage problem.
Pro: Road and water management improvements to accommodate site development are
designed to accommodate the normal drainage requirement and are already in place.
Con: Urban intensification could potentially increase area-wide flooding in a severe rainfall
event.
Findings: Every project approved in Collier County involving the utilization of land for some
land use activity is scrutinized and required to mitigate all sub-surface drainage generated by
developmental activities.
9. Whether the proposed chunge will seriously reduce light and air to udjacent areas.
Pro/Con: Evaluation not applicable
Findings: All projects in Collier County are subject to the development standards that are
unique to the zoning district in which it is located. These development standards and others
apply generally and equally to all zoning districts (i.e. open space requircment, corridor
management provisions, etc.) were designed to cnsure that light penetration and circulation of
air docs not adversely affect adjacent areas.
10. Whether the proposed chunge will adversely affect property values in the udjacent area.
Pro: Urban intensification typically incrcases the value of adjacent 01' underutilized land.
Con: None
Findings: This is a subjective dctcnnination based upon anticipated rcsults which may be
internal or external to the subject propetty, and which can affect pl'Opetty values. Property
valuation is affected by a host of factors including zoning; however, zoning by itself mayor
may not affect values, since value determination by law is driven by market value. The mere
fact that a propcrty is given a new zoning designation mayor Illay not affect value.
11. Whether the proposed chunge will he a deterrent to the improvement or development of
adjacent property in accordance with existing regulations.
Pro/Con: Evaluation not applicable because thc adjacent propcrty is already developed.
EXHIBIT A
Rezone Findings
PUDA-2007-AR-11283
Page 3 of 5
.A,'Jencj3 !tsm ("io, S,A
rJovenit:>f:r ':3, 2007
;::-'age 22 of 14i'
Findings: The basic premise underlying all of the development standards in the Land
Development Code is that their sound application, when combined with the site development
plan approval process and/or subdivision process, givcs reasonable assurance that a ehange in
zoning will not result in detcrrence to improvement or development of adjacent property.
12. Whether the proposed change will constitute a grant of special privilege to an individual
owner as contrasting with the public welfare.
Pro/Con: Evaluation not applicable.
Finding~: The proposed developmcnt complies with the Growth Management Plan, a public
policy statement suppOtting Zoning actions when they are consistent with said Comprehensive
Plan. In light of this fact, the proposed change does not constitute a grant of special privilege.
Consistency with the FLUE is ti.llther detemlincd to be a public welfare relationship because
actions consistent with plans are in the public interest.
13. Whether there are substantial reasons why the property cannot be used in accordanee
with existing zoning.
Pro/Con: Evaluation not applicable.
Findings: Any petition for a changc in land use is reviewed for compliance with the GMP and
the LDC with the Board of COWlty Commissioners ultimately ruling what uses and density or
intensity is approved or, on the contrary, if the petition is denied. This petitioncr is proceeding
through the proper channels to garner that Board ruling.
14. Whether the change suggested is out of scale with the needs of the neighborhood or the
County;
Pro: Stail' believes this amendment request proposes changes that are within the scale of the
needs of the neighborhood and County.
Con: The proposed residential project could reduce the areas perceived by the residents as
open space.
Findings: The proposed development complies with the Growth Management Plan, a policy
statement which has evaluated the scale, density and intensity of land uses deemed to be
acceptable throughout the urban designated areas of Collier County.
EXHIBIT A
Rezone Findings
PUDA-2007-AR-11283
Page 4 015
Aoenda Item !'~o. 8.1\
rJ~o\lember' 13. 2007
Page 23 of 147
15. Whether it is impossible to find other adequate sites in the County for the proposed use in
districts already permitting such use,
Pro/Con; Evaluation not applicable,
Findings: Because the petitioner is seeking to amend a particular PUD to expand an already
approved use, this analysis is not germane to this petition.
16. The physical characteristics of the property and the degree of site alteration which would
be required to make the property usable for any of the range of potential uses under the
proposed zoning classification,
Pro: Evaluation not applicable.
Con; The specific site under consideration in this PUD amendment is mostly cleared and is
undeveloped.
Findings: Any development ofthis site would require minimal site alteration.
17. The impact of development on the availability of adequate public facilities and services
consistent with the levels of service adopted in the Collier County Growth Management
Plan and as defined and implemented through the Collier County LDC regarding
Adequate Public Facilities,
Pro/Con: Evaluation not applicable.
Findings; A multi-disciplined team responsible for reviewing jurisdictional elements of the
GMP and the LDC public facilities requirements has reviewed this land use petition and found
it consistent and in compliance for zoning approval. A final determination whether this project
meets the full requirements of adequate public facilities specifications will be detennined as
part of the development approval process.
EXHIBIT A
Rezone Findings
PU DA- 2007 -AR-11283
Page 5 of 5
Exhibit B
PUD FINDINGS
PUDA.2007 -AR-11283
A:JencJa ilS-lTi ~'ic. 8,il,
~i=rvember ': 3, 2C':jl
P8ge 24 of '147
Section IO.02.13.B.5 of the LDC of the Collier County Land Development Code requires the rimming
Commission to make a finding as to the PUD Master Plan's compliance with the following criteria:
1. The suitability of the area for the type and pattern of developmcnt proposed in relation
to physical characteristics of the land, surrounding areas, traffic and access, drainage,
sewer, water, and other utilities.
I'ro: The nearby area is developed with single-family residential to the north and multi-
family residential across the street (Skyway Drive) to the west. To the cast is the taxiway
extension at the rear of the proposed lots and the homes will have the option of connecting to
it.
Con: None.
Finding; If the proposed amendment passes to allow the five additional single family homes,
the buildings would need to be in compliance with the requirements of the LDC and the PUD
document, regarding traffic and access, drainage, sewer, water and other utilities.
2, Adequacy of evidcnce of unified control and suitability of any proposed agl'eements,
contracts, or other instl'UllIcnts, or for amendments in those proposed, particularly as
they may relate to arrangements or provisions to be made for the continuing operation
and maintcnance of such areas and facilities that are not to be provided or maintained
at public cxpcnsc.
Pro/Con: Evaluation not applicable.
Finding; Docwnents submitted with the original application provided evidence of unified
control. The PUD document makes appropriate provisions for continuing opcration and
maintenance of all service utilities.
3. Confol'lnity of thc proposed Planned Unit Development with thc goals, objectives, and
policies of the Growth Managcmcnt Plan (GMP).
Pro: County staff has reviewed this petition and has offered an analysis (see staff repolt) of
the relevant goals, objcctives and policies of the GMP offering a recommendation that this
petition be found consistcnt with the overall GMP.
Con: Staffs analysis is subjective. Many of the goals, objective and policies do no have
quantative means to measure compliancc. The GMP Transportation Element Policies 5.1 and
5.2 contain measmable components; however, FLUE Policy 5.4 does not. Compatibility is
more subjectivc.
Page1of3
Agenda Item No. SA
November: 3.2007
Page 25 of 147
Finding; Staff has recommended that the subject petition has been found consistent with the
goals, objectives and policies of the GMP as provided for in the adopting ordinance. Please
see the staff report for a more detailed discussion.
4. The internal and external compatibility of proposed uses, which conditions may include
restrictions on location of improvements, restrictions on design, and buffering and
screening requirements.
Pro/Con; Evaluation not applicable.
Finding: Staff analysis as contained in the staff report indicates that this petition is
compatible, both internally and externally, with the proposed uses and with the existing
sUlTOunding uses.
5, The adequacy of usable open space areas in existence and as proposed to serve the
development.
Pro: Development of these single family dwelling units, if this amendment is approved will
not change the amount of open space required for this PUD.
Con: The proposed residential project could reducc the areas perceived by the residents as
open space.
Finding; The amount of open space set aside by this project is consistent with the provisions
of the Land Development Code pursuant to the PUD document.
6, The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and pI'ivatc.
Pro/Con: Evaluation not applicable.
Finding; Timing or sequence of development in light of concurrency req~lirements does not
appear to be a significant problem as paJ1 of the PUD amendment process, but the project's
development must be in compliance with applicable concurrency management regulations
when development approvals aJ'e sought.
7. The ability of the subject property and of surrounding areas to accommodate
expansion.
Pro: County Transp0l1ation planning staff has determined that the proposed amendment is
consistent with the GMP Transportation Element requirements addressing roadway concerns.
However, the determination that the proposed amendment would actually constitute
"expansion" is subjective.
P{lD FINDINGS
PUDA-2007-AR-11283
EXHIBIT B
Page 2 of3
Aoenda !t2m ["!G. St..,
N-O\l~~:Tih9r 13, 2CJCi7
PZ";J2 26 0: 'IL!,
Con: None.
Finding: If "ability" implies supporting infrastructure such as wastewater disposal system,
potable water supplies, characteristics of the property relative to hazards, and capacity of
roads, then the subject propeliy has the ability to support expansion. based upon the
commitments made by the petitioner and the fael that adequate public facilities requirements
will be addressed when development approvals are sought.
8, Conformity with PUD regulations, or as to desirable modifications of such regulations
in tbc particular case, based on determination that such modifications are justified as
meeting publie purposes to a degree at least equivalent to literal application of such
regulations.
Pro/Con: Not applicable.
Finding: This criterion requires an evaluation of the extent to which development standards
and deviations in this POO depart from development standards that would be required for the
most similar conventional zoning district. The development standards in this PUD are similar
to those standards and the petitioner is not seeking any deviations.
PUD FINDINGS
PUDA-2007-AR-11283
EXHIBIT B
Page 3013
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,L.~1ell'Ja item !\lo. f3A
i..JC)vemt"3'r 13, 2007
:-'age 28 of 147
ORDINANCE NO. 07-
AN ORDINANCE OF THE nOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMllER 82-49, THE
SHADOWWOOD 1'00, BY AMENDING TIlE COVER
PAGE; BY AMENDING SECTION 4.2., PRO,iECT I'LAN
AND LAND USE TRACTS; BY AMENDING SECTION 4.4.C.,
MAXIMUM DWELLING UNITS; BY AMENDING SECTION
S.2.A., P.U.D. MASTER PLAN; BY AMENDING THE PIll
MASTER PLAN; AND PROVIlllNG AN EFFECTIVE DATE.
WHEREAS, Wing South, Inc., represented hy Heidi K. Williams, AICP, of Q. Grady
lVlinor & Associates, P.A., petitioned the Board of County Commiss.ioners to amend the
ShadowWood PUD (Ordinance Number 82-49).
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE:
AMENDMENTS TO COVER PAGE OF ORDINANCE NUMllER
82-49, SHADOWWOOD PLANNED UNIT DEVELOPMENT
The Cover Pnge of the Development Plan (also known as the Planned Unit Development
Document), previously attached flS Exhibit "A" to Ordin.ance Number 82-49 for Shadow'\\'ood
POO, is hereby amended to read flS follows:
PREPARED BY:
WILSON, MILLER, BARTON. SOLL & PEEK, INC.
1383 AiqlOrt Road NOlth
Naples, FL 33924
REVISjOl) BY:
!1..-0RADY MINOR & ASSOCIATES
3800 Via Dcl Rev
Bonita Spri!1[!s. FL 34134
SECTION TWO: AMENDMENTS TO SECTION 4.2., ENTITLED "PROJECT PLAN
AND LAND USE TRACTS" OF ORDINANCE NUMBER 82-49,
SHADOWWOODI'UD
Pm'agraph 4.2. entitled "Project Plan and Land Use Tracls" of lbe Development Plan
(also known as tbe Planned Unit Development Document) of Ordinance Number 82~49, for
Shadow Wood PUD, is hereby amended to read as follows:
4.2. PROJECT PLAN AND LAND USE TRilCTJ2:
For the purpo~es of gl'Oss residenlial1and use area. the subjer.:t property is :tlG8.1 acres. The
pro.iect plan including street \ayout and land uses is illus\mte,d in Exhibit "B", PUD Maslef plan,
W-i-HreK, !'1i1ler, JJanon,-'soll..:..:. P~.eJ-, lr.(;;., D;:awin;; File pre. RZ 59. The project slmll l.:om,iSl of
five land use tracts of general arM and configumtion as shown ill Exhibit "B",
Words stH.~ are deleted; words Ilnd['.rHued <U'e added.
Page 10f3
Agenda Item No. 8A
I\Jovernber 13, 2007
Page 29 of 147
Tracts A & E - Multi-family Residential
Tracts B - Single FllmiJy Residential
Tract C - Privn!e Air Park District
Tract D - Commercial
Entrance Drive
::t 113.3 Acres
f: '+"+5.68 Acres
:t 3~835.82 Acres
1: 10.3 Acres
;to 3.0 Acres
:t 168.1 Acres
Total Area
Assuming favorable (,-Cll!lOrruC and market conditions, it is the project sponsor's intent to
complete development of the properly within six years.
The lotal maximum residential units will be .)69574 units aL a maximum density of ~ MuuiLs
pet' gross acre.
SECTION THREE, AMENDMENTS TO SECTION 4.4.C., MAXIMUM DWELLING
UNITS, OF ORDINANCE NUMBER 82.49, SHADOWWOOD POO
Section 4.4.C., entitled "Maximum Dwelling Units" of lhe Development Plan (also
known as t.he Planned Unit Development Docllment) of Ordinance Number 82-49, for
ShadowWood is hereby amended to read as follows:
C. M.Mimum Dwellinl2 Units:
A maximum of f-J:.1Q residential dwelling units may be constructed.
SECTION FOUR,
AMENDMENTS TO SECTION 5.2.A,
MASTER PLAN" OF ORDINANCE
SHADOWWOOD PIm
ENTITLED
NUMBER
"I).U.D.
82.49,
Section 5.2.A. entitled "P.U.D. Master Plan" of the Development Plan (a (so known as
the Planned Unit Development Document) of Ordioance Number 82~49 for ShauowWood is
hereby amended to read as follows:
A. The pun Master Phm r.1.'ilssll, Hiller, llaltan, gell & Pe6t, InG. Dffi'\'ing File Ne,...R.b-
5~, Sht'Jet ] of 21, is an illustrative preliminary development pl.un.
SECTION FIVE, AMENDMENT TO TIlE POO MASTER PLAN, OF ORDINANCE
NUMBER 82-49, SHADOWWOOD PIlD
The PUQJ0.<).stcr Plan bas been revised as shown in Exhibit B. att'l.tili~
hereto and incornorared by reference herein. 10 jncr~f1sc the ,~ize of Truc! B.
Single-Fnmilv Residentig1 and decrease Tract Co Private Air Park by 1.98::!: acres.
This ulan. druwn bv O. Grady Minor & Associates. P.A'1....ITlodifics and reolaces
the Oliginal Master Plan onlv to the extent that the tract adiustment described has
heen altered. Ail other bOlll1daries are intended to be a" orieinallv ,adouled.
SECTION SIX,
EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
Words stfflek-H.~ are de.]elcd; words underlined are added.
Page 20fJ
Agenda Item No. 36..
Nov'3rnbei. '13. 2CiG7
PaGe30of~47
PASSED AND DULY ADOPTED by supcr-majority vote by the Board of County
Commissioners of Collier County, Florida, this _ day of
,2007.
ATTEST:
DWIGl:IT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
, Deputy Clerk
By:
.TAMES COLETTA, CHAIRMAN
By:
Approved as to form
and legal sufficiency:
~r~~~
lUJonc , tu cnt- tn'mg
Assistant County Attol'l1cy
Words tllTtlslr tluAl:Igh are deleted; words undl;:diiJ.fQ arc ndd~.
Page 3 of 3
Agenda 119m No, SA
~~ovember 13, 2007
Pa~le 31 of 147
ORDINANCE 82 - ~
AN ORDINANCE AMENDING ORDINANCE 82-2
THE COMPREHENSIVE ZONING REGULATIONS
FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA BY AMENDING THE ZONING
ATLAS MAP NUMBER 50-26-5 BY CHANGING
THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY fROM A-2, RSF-4
& C-4 TO PUD PLANNED UNIT DEVELOPMENT
FOR "SHADOi'lWOOD" LOCATED AT WING SOUTH
AIR PARK; AND BY PROVIDING AN EFfECTIVE
DATE.
WHEREAS, The Rookery, Ltd. petitioned the Board of
Co~nty Commiss10ner~ to Chan9& the ZoninQ Classification
of tho heroin described real property;
NOW, THEREfORE BE IT ORDAINED by the Board of County
CommlSS1.0ners of Collier County, Florida:
Section One:
Tha Zonin9 C1aa.ification of the her.in described
real property located in Section 16, Township 50 South, Range
26 Ea.t, Collier County, rlorida ia ch.nged from"A-2, RSF-4 &
C..4"to "PUDIl Planned .Unit Development In accordo!ince with the
pun document attached hereto as Exhlblt "A" which is 1nc6rporated
herein and by reference made. part hereOf. The Official Zoning
Atla. Map Number, Number 50-26-5, a. described in Ordinance 82-2,
1s hereby amended accordingly.
Sectlon Two:
,,, Thi.."Ordinance shall become offectivs upon receipt of
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November i 3. 2D07
Page 32 of /,47
BOARD OF COUNTY COMMISSIONERS.
COLLIER COUNTY, FLORIDA
notice that it has been filed with the Secretary of State.
I, WI LLIAH J, REAGA.o;, Clerk of Courts in lll1d for tho 'lWentieth
Judicial Circuit, Collier County, Florida, do hereby certify that the
foregoing is . true original of:
ORDI~\NCE NO, 82.49
'TIkh ,'as adopted by the Board of COlmty Conmissioners during negular
Session July 13, 1982,
1\'l'IXESS my hilfld and the official ,eal of the !\card of County Com-
missioners of Collier Cocmty, florida, this 13th day of July, 1982.
11TLLIA" J, PI:AGt\N
Clerk of Courts and Clerk
Ex.ofriclo to Board of
County Commissioners
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Vlrpn . agri" (lu Y,_
DATE: July 13, 1982
STATE OF FWRrnA
~11 OF COLLIER
11\! ~ on! j nanco
July, 19R2 and
J\,ly, 1982,
BY' C R (J~
c, R, "RUSS" WIMER. CHAIRMAN
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ShadowWood
PLAN/lED UNIT llEVELOPMENT
Located in Section 16
Township 50 South, Range 26 East
PREPARED BY,
WILSON, MILLER, BARTON, SOLL ~ PEER, INC.
1383 Ai~port Rood North
Noples, Florida 33942
DAn ISSUED
DATE APPROVED BY CAPC
PATE APPROVED BY BCC
ORDINANCE NUMBER'
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eOOK 015 PAcr163
6-24-82
6-17-82
7-13-82
82-49
Agenda Item f'~o. SA
November '13. 2007
Page 33 { -
TABLE or CONTENTS
S~CTION I
STATEMENT OF COMPLIANce
SECTION II
STATEMENT OF INTENT
SECTION III
PROPERTY OWNERSHIP AND LEGAL DESCRIPTION
SECTION IV
GENERAL DEVELOPMENT REGULATIONS
TRACTS A ~ E- MULTI-FAMILY RESIDENTIAL
TRACT B - SINGLE FAMILY RESIDENTIAL
TRACT C - PR!VAT~ AIR PARK DISTRICT
TRACT D - COMM~RCIAL
S~CT!ON 1/
G~N~RAL D~I/ELOPMENT COMMITMENTS
MOK 015 P~CE 164
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r~ovelTilJer i 3. 20G7
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3
4
5-14
15-16
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t,'ovember : 3.2007
PagE:: 35 of 1L17
SECTION I
STATEMENT OF COM~LrANCE
The purpose of this ssction is to express the intent of The
Rookery, Ltd" 706 5th IIVenu. South, N.ples, Florida to develop
+\68.1 .cres of land located in Section 16, Township SO South,
Range 26 East, Collier County, Florida, The n.me of this proposal
deyelopment shall hence forth be know DS Sh~dowWood.
,
,
The development of Shadowwood as a Planned Unit Development will
be in compliance with the pl.nning goals .nd Objectives of Collier
County as set forth in the Comprehensive ~lan. The residential
development with bssociated rccre~t[onal and private avlational
f.cilities will be consistent with the growth policies and l.nd
development re9ulatfons oE the Comprehensive Plan Land Use Element
and other npplicoble documents for the following reasons.
1. The subjoct pro~erty h.s the necessory rating points to
determine availnblltty oE adequate community Eacilities and
services.
2, The project developmont is compatible with and complimentary
to the surrounding land U6CS.
3, The subject property will provide a vegetative buffer between
the property and Rattlesnake Hammock Rendl the surrounding
vacant lanGs, and the single Camily residential units to the
west.
4. The development shall consist prim.rily of multi-f~mily
residential clusters and shall thereby provIde mo~e common
op~n sp4ce.
5, The development shall utilize n~tur.l systems for w.ter
management such ~s the cypress, willow, lower wetland areas,
and natural drainage courses.
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6. The development shall promote th~ maintenance of the
residential neighborhood and be .esthetically pleasing snd
Eunctionally efficient.
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Agenda item r'~o. SA,
l\lc,\'ernber -; 3. 2007
Page 3C of ~i4 7
7. The number of egress snd ingress poincs shall be limited to
minimize the impact upon the troffic flow along Rattlesnake
Hammock Road.
6. The development ie complimentary to and consistent with the
Collier County Comprehensive Plan Land Use ~lement.
9. The land may be used more efficiently, and made more
deslresble resulting in a 8maller network of utilities and
streets with consequent lower construction and future
maint~nance coats.
10. Through p~op~r planning and good uniform development control,
the development shall protect property value8 and meet th~
gener,l public welfare and safety of the citizens of Collier
count:y.
11. The project will enable and encourage compatibility with the
natural Dmenitiaa of the envLronmentAl as well as pres.~rve and
enhance prescnt advantDges.
\2. The appllcaclon of the development plan will permit
flexibility and fenttlrc amenities and excellence in th~ form
of va~lations in sitlnq, mixed l~nd uses ~nd varied dw~lling
types, as well ~s uoaptation to and conBerv~tion of thu
topography and other natur~l characteristics of the l~nd.
rj~ With proper uniform quality large scale development, the
project m~y be~t servo the public interest with alternate
mixed land USI'!S.
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p,Qenda Item !'-io. SA
N-ovember 13. 2007
Page 37 of 147
SECTION II
STATEMENT OF INTENT
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It is the property owner's intention to continue the development
of a single and multi-family residential pr01ect with
recreational, commercial, and aviationsl faCilities, and other
support facilities required of a development surrounding a private
air park community. The project was initiated in the early lS70's
with the development of single family residential condominium lots
with common facilities.
As part of the .ame property, it is the intent of The Rookery,
Ltd. to continue to develop a condominium complex consisting of
cluster villages' mUlti-fs,nily residential unitsl single family
residential lots, and variod dwelling unit types. The units shall
be ce~te~cd around major points such as the air park, lakes, pine
llnd cypr~ss: trees, common open SpbCCl-, and areaS of unique
vcget~~ion. There m~y be r~cre~tional benefits consisting of
jogging trui lsj para courses, privDtc swimming pools, neighborhood
p~rks, tennis courts, ~ncl the unique feature of a priVAte airpark*
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Resident" of this project shall be afforded the opportunity to own
private airplanes and a single f.mily residentisl or condominium
unit with the conv~niences of nvi~tional, recreational, and
commercial services among a natural scenic environmental setting.
Th@ resid@nt!.l deyolopment of low-rIse multi-f.mily and single
family units shnl1 demonfitr~tG D quality wny of life for its
residents th"t will be eminently desire.ble, esthetically
plenging, Dnd environmentally sound.
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r'age 38 of ~47
seCTION III
PROpeRTY OWNERSHIP AND LEGAL DESCRIPTION
3.1. PROpeRTY OWNeRSHIP,
The subject poopeoty is currently under the control of The
Rookery, Ltd. 706 5th ^venue South, Naples; Florida 33940.
3.2. LEG^L DESCRIPTION,
The subject pooperty Is de.coibed as follows:
The e.at 1/2 of the a.at \/2 and:
the nortn 1/2 of the nortnwest 1/4 of the northeast 1/4:
the southeast 1/4 of tne northwest 1/4 of the northeast 1/4
and;
ell bein9 tn Section 16, Township SO South, Range 26 East,
Collier County, Florida,
ALSO LESS the south f! fty (SO) feet for rocd ri9ht-of-way
and any canement ri9ht-o!-way of public record.
LESS IHNG SOU1'11 ^IR PARK PRIVATE VILLAS UNl'r 1, c
Condominium, accordln9 to the Declaration of Condominium
recorded in Official Record Oook 476, P"geS 304 to 350,
inclusive, Public Records of Collieo County, Florida, as
amended.
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Agenda Item No. 8A
November 13. 2007
Page 39 of 147
SECTION IV
GENERAL DEVELOPMENT REGUL~TIONS
4.1. PURPOSE:
The purpose of this Section is to set forth the regulations
for development of the property identified on the Master
Development Plan. It is the intent of the project sponsoc
to develop mUlti-family and single family residences in . low
pcofile silhouette with .mple common open sp.ce associ.ted
wIth the conveniences of 8v!atlonal, recrentional, and
commercial services.
4.2. PROJECT PLhN ~ND LAND USE TRACTS:
For the purposes of gross residential land use nrea, the
subject property is ~16e,1 acres. The projoct plan
inCluding street layout and land uses is illustrated in
Exhibit "0'11 pun Master Plan, Wilson, Miller, Barton, 5011 &
Peek, Inc., Drawing Pile No. RZ-59. The project shall coneist
of five land usa cracts of general area and configuration as
shown in Exhibit "3".
Tracts ^ , E - MUlti-family Residential + 113.3 ^cres
Trllcts n
- Single Family ReBidential +
3.7 !l.cces
Tr^cc C - rrivate ^ir ParK District
+ 37.8 IIcres
Tract n - Commerical
+ 10.3 ^c....es
Entrance Drive
+ 3.0 ^c....es
Total ^r.a + 168.1 ^cres
^ssuming fovorable economic and marKet conditions, it fa the
project sponsor's intent to complete development of the
property within six years.
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The total maximum residential units will be 569 units at a
maximum density of 3.6 residential unit. per gross sere.
4,3. TRACTS A 'E' MULTI-FAMILY RESIDENTIAL
A.
Purpose:
The purpose of this section is to indicate the land
regulationa for the .reas designated On PUD Master Plan as
Tracts A and E, Multi-Family Residential.
3. Permitted Uses and Structures:
No buildings or structures, or part thereof, shall be
erected, altere~ or used, or land used, in whole or p~rtt
for other than the followingl
1. Permitted Principal Uses and Structures,
a. Multi-Family ReBid.nces.
b. Common open space, recreational facilities nnd
wntcr man~gement facilities.
c. Nine hole golf course with the typical facilities
of a private country club.
2. Pe~mittcd ^ccc65ory Usen and Structures:
~. Custom~ry accesDory uses and structures.
b. Signs as permitted Bt time of permit application.
c. Airplane hangers ~nd tie downs.
d. rriv~tc road, ped~6trian and bicycle p~tnsl
boardwalks and croBB-walks, jogging and nature
appreciation traila, or other similar facilities
constructed for purposes of access to C~ passage
through the common Drees.
~. Lawn or golf course maintenance shop ~nd equipment
storage.
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N~ovelTiber 13, 2D07
Page.cj 1 of 147
C. M.ximum Dwellinq Unitsl
h maximum of 558 residential dwelling units.
D. Minimum Yard Requirements for Principal Structures,
1. Depth from property boundary line (35) feet.
2. Depth from edge of all privatQ paved roads (25) feet.
3. Minimum distance between any twO (2) principal
structures on the same parcel shall be fifteen (15)
feet.
4. Minimum distance between a development phase, or
con~ominium tract lin~ and any prlncipal.stcucture.
shall be seven and one-half (7,5) feet.
E. Minimum Yard Requirements for Accessory Structur~s~
hs requirod by the Collier County zoning Ordinance.
F. Minimum Floor ^reo of Principal Structures,
900 Square feet for each dwelling unit.
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G. Ma~imum l~elqht of Principal Structure:
Thr~~ (3) living stories above one story of parking with a
moxlmum height of forty-five (45) feet.
In order to comply with the minimum flood elevation
requirements, the maximum height of a structure shall be
meDsured from the minimum basG flood elevation required by
the Flood P.levatlon Ordinance.
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H. Minimum Off-Street Parking.
Two (2) parking "paces per reBldentlal unit with a minimum
of 1,5 parking Bpaces/unlt paved ond .5 parking space/unit
r~s~rved for paving at a tlm~ d~emed to be appropri~te by
the COllnty.
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I. Llmltntion On Signsl
As permitted by the zoning ordinance in effect at time of
application for building permit,
4,4. TRACT B !. SINGLE FMI!LY RP.SIDENTI^L
^. Purpose:
The purpose of thls Beetion is to set forth the
development pIon and land regulatlona for the areaS
designated on PUD Master Plan as Tract n, Single Family
Residential.
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lODK 015 fAGE171
Aoenda !i-oS:Ti [\]0. 8.A.
Novell';~!8r : 3. 2007
Pa~leLi2nf1L1.7
B. Permitted Uses and Structures,
~o building or structure, or part thereof, shall be
erected, altered or used, or land used, in whole or part,,'
for other than the following'
1. Permitted Principal Uses and Structures,
a. Single ramily Residences.
b. Common opell space & water management facilitLes.
2. Permitted Accessory Uses and Structures I
~. Customary accessory uses and structures.
b. Recreational uses and facilities.
c. Airplane ~angers Or tie downs.
C. Maximum Dwelling Units:
^ maximum of 11 residential dwelling units may be
constructed.
D. Minimum Yard_~equirement.:
1. rront Yard - 25 feet
2. Side Yard - 7.5 feet
), Rear Yard - 25 feet
4. Accessory structure as required by current zoning
ora i rHlnce.
E. Minimum root Width: 100 feet.
L Minimum Lot "rea: 12,000 square feet,
C. Minimum rloor ^rea of Principal Structure:
1/200 square feet exclusive of patio, garage/ and/or
airplane hanger.
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N~ovemb8r 13. 2007
Page 43 of 147
H. Ka.imum Height of Principal Structures,
Three (3) stories above the finish grade of lot or from
the minimum base flood elevation required by the flood
elevation ordinance.
I. Off-Street Par~inq Requirements:
Two (2) spaces, at least one of which shall be located
withtn the permitted butlding area.
J. Landscaping and Buffer,
^ll buildings, enclosures, or othe~ structures con8t~uoted
fot purposes of maintcn~nce, shall have ~ppropriate
screening ~nd l~n~acaping.
4.5. TRACT "C', PRIVATB AIR ?ARK DISTRICT'
^. Purpose:
The 'Jurpo!>e of this section is to indicate 'the development
plan and land regulations for the areas designated on the
PUD ::astcr Plan os Tract "eft, PrIvate Air Park District.
B. Dave:opment Pl~nl
I, ~ha primary purpola of this Tract will be to provide
the necesaary aviatlonal support facllttles to
..ccommodatc a private llirport. Thc$c arctls shall be
utilized only in acco~danc~ with the provisions
necessary to m~intain and operate the privDte air
parK,
2. Except 1n brcns to be used for w~te~ impoundment and
principal or accessory use ~rcaSf ~ll natural t,ees
and other vegetotton as but,er shAll be protected and
presetved 00 long a. ouch plont life shall not
Interfore with tho control of .Irspace within 700 feet
from the end of the primary runway surface.
C. Uses Permitted:
NO building or structure or part thereof, shall be
erected, alterl:d 0[' used, or land used, in whole or in
part, for other than the following:
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1, Permitted Principal UBes and Structures,
a, hirport runway and administration building.
b. ~irport hangers, T-hangers, and Airplane tie
downs.
c. Aviational fueling and service shop.
d, Aviational maintenance and service shop.
e. W~ter m~naqernent f~cil1tieB.
f. Any other Bimilar aviational support facilities
that may be neceBsary or compatible with the
operations of a private air park.
2. Pe~mttted Accessory Uses and Structures:
a. Accesoory uses customarily asaociated with the
UBes permitted in this district.
b. Lawn Or golf COULSe maintanance shop ~nd equipment
stornge.
c, Signs as permitted at time of permit application.
O. Minimum YArd Requirements:
1. Setb~ck from cclge of primDry ~unw~y G'lrf~ce - 100
f c~t.
2. Othet' Stl;'uctut'~s must conform with setbacks of the
abutting properti~s land Use regulntionsl however,
they may not be placed within fifty (50) feet of the
primary runway surface.
E. Control of Airspace,
The control of the airspace within 700 feet from the ends
of the primary runway surface shall be adhered to by the
project sponsor. The contt'ol shall be of such a nature as
to prevent any airport haz~rds f~om being grown, erected,
or otherwise placed within 0 glide path of 20,1 from the
ends o[ th~ prim~ry runway surEnce.
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Hovernber 13, 2007
Page ~5 of 147
4,6. TRACT "0" - COMMERCIAL
1\. Purpose:
The purpose of this Section is to set forth the
development plan and land regulations for the ~reas
designated on PUD ~lastet' Plan DS Tract 110", Commercilll.
8, Uses Permitted:
~~o building or !Structure, or part:. thereof, shall be
erected, altered or used, or land u5~a, in whole or part,
for other than the follo.....ing:
1. Permitted prlnclp.1 Uses .no Structures:
a} t\ntique shops; art st.udioSl l\r-t supply shops!
oviation fueling facilities without repairs,
aviation m.intenance ond service Shop, airplane
nflnqer6 ~nd tie-downs, administr~tion building.
b) n.kory "hop"; borber and beauty shops, bath supply
storasr bicycle sales and servicesl blueprint
shops, bookbinders: boor. stot:es; business machine
services.
c) Churches and other plllces ot worship1 clothing
stores, cocktall lounges I commercial recreation
US~9 - indoor; commerci~l schools, confectione~y
and candy Btores.
d) Oelicatosoona, drug stores, dry cleaning shops:
dry 900da storos; end d~apery shops.
f) florist Shops,
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r\jov.2mber 13, 2007
Page 46 of 147
Gatden aupply stores - outside display in side and
rear yards, gift .hops, gourmet shops,
Ilardware storeSi health food stores.
Ice CreAm stores.
Jowelry stOres.
Laundries - self service onlyt leather goods;
legitimate tne~tresJ liquor BtoreS1 locKsmiths.
M~rkets - food and/or me~ti medical offices and
clinics; millinery shops; museums; music stores.
News stores.
Office - general; office Sllpply stores.
Pulnt ~nd w~11p~per storeB7 p~t shoPSl pet supply
ShOPSf photographic equipment storesr pottery
otorQB~ printing1 publishing and mi~eogrnph
service shops~ private clubs: professional
officC'b'
nndio and television sole9 ~nd tervices; research
and design l.nbs: re1;t~urants.
Shoe repuirl shoe ntores/ shopping centers,
souvcnir storcs.
Tailor shops, taxidermists; tile sales - ceramic
tile; tob.cco shops; toy Bhops; tropic.l fish
stores.
UpholRtory "hops.
Variety shops; vehicle rental - automobile only;
veterinarian offices and clinics - no outside
kennels.
Water M~nagement FacilltLes.
Watch ana precision instrument rep.ir shops.
Any other commercial us. or profession.l service
which is compar.blo in n.ture with the foregoing
uses and which the zonln9 director determines to
be compatible In the district.
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Aqenda Item No^ 8A
fJovembel' 13, 2007
Page ~7 of 147
2. Permiued ^ccesBory Uses and Structures:
a) ^cce.sory use. and structures customarily
aSBociated with the principal uses.
b) Caretaker' B t'uidence.
c) Signs ns permitted at time of permit application.
3. perrnLtted Uses and Structures:
Subject to Site Plan ^pproval.
a} Car Hash.
b) Child care center.
c) Commercial recreation - outdoor.
d} Detached residence in conjunction with a business
- one (1) per huslness.
e) Permitted LIse wi.th lesa than 1,000 squllre feet
groBS floor areD in the principal structure.
f) Vehicle rentals,
g) llotel, motels! qnd time sho!1t:e facilities.
C. Minimum Lot Arell: Ten thousand (10,000) sguat'e feet.
D. Minimum Lot Width: One Hundred (100) feet.
E. Minimum Ybrd RequiromentSt
I. front yard - twenty-five (25) feet.
2. Side yard - none, or a minimum of five (5) feet with
unobstructed pa5~age from front to re~r yard.
J. Renr yard - twonty- fj ve (25) feet.
f, Distance Between Structures, Same as for side yard
setb.ck,
G. Maximum Heiqht of PrinCipal Structure, 45 feet.
H. MInimum floor ^re. of Structure: One thousnnd (1,000)
squ.re feet per building on the ground floor.
I. Ht'ximum Densi~: Sixteen (16) units per acre for
transient lodging facIllties~ hotel, motels, and time
share facilities with. ma>imum floor area of 500 squore
feet per unit,
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t~~ovelllher 13, 2007
Page i18 cf 147
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Off-Street parkin! ReiuirementsI
zoning ordinance n e fect at the
permit.
he required by the
time of building
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Agenda Item No. SA
November 13. 2007
Page 49 of 147
")
SECTION V
GENERAL DEVELOPMENT COflMITI1ENTS
"':\
5.1. PURPOSE:
'.
The purpose of this Section Is to set forch che standards for
development of the project.
5.2. P.U.D. MASTER PLAN:
A. The PUD flaster Plan (Wilson, Miller, narton, SoIl & Peek,
Inc. Drawing !'ile No. RZ-59, Sheet I of 2), Is an
Illustrative preliminary development plan,
n. The design crit~ria and layout illustrated on the Master
Pl~n nh~ll be understood os flexible so th~t, tho final
dosign may ..tis[y the project and comply with all
bpplicabl~ requtr~ment9.
C. All ncccsD~ry cnS0mentsr dedications, or other instrumentu
shall be gr~ntQd to insura tho continued operation and
m~intenanca of all service utilities.
\.
D. Minor design changes shall be permitted subject to staff
l!ppro'val.
E. Overall 6ite design ahall be harmonious in terms of
landscapin9, onclosuro of structure, locations of 011
impcovod facllitios, nnd locatIon and tc..tment of buff.c
at't?as,
f. To pcotect the Integdty of the Planned Unit Development,
residential neighbochood, the only accesa coad shall be
the pcivate ro.d as shown on the Master Plan with an
exception for temporacy construction roada.
G. Areos illustrated as Mlakes~ Sh311 be constructed lakes,
or upon ~pprovalt parts thereof may be green areas in
which as much natural foll"ge as practical shall be
pres~Lved6 Such arQns, lak~s and/or natural 9~een ~reas,
sMal"} be of general area and configuration 09 shown on th&
M~ster Pliln.
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Agenda Item l'>Jo. SA
~J(\\/'2mber 13. 2007
Page 50 of ~i47
II, HetlAnd subzones "A-I, "'-2, "'-3, a-I, C-l, 8-1 and 8-2"
(Nilson, Miller, Barton, Soll & reek, Ine. Drawing rile
110, RZ-S9, Sheet 2 of 2), are illustrative Subzones and
will be conserved as much as practicable as storm water
manaqement/open space areas. These area. will be flAgged
for protection, prior to dev.lopmeno,
5.4, "ATER MANAGEMENT,
A. Detailed water management construction plans .hall be
submitted to end approved by the County Engineer prior to
commencoment of any construction.
B. ^pprop~iate easements to be granted to Collier County for
maintenance of perimeter Bw~le system.
5.5. SOLID WASTE DISPOSAL'
Such ~rrangement and Dqreaments as necessary Bh~11 be made
with an approved solJd waste disposal service to provide for
solid wa9t2 collection n~rvice to all areas of the project.
5.6. RECREATION fACILITIES:
^ minimum of three swimming pools and lhreo tennis courts
sllall bQ constrlJctcd by ttle project sponsor.
~dditionftl rocroational facilities may be constructed by the
futuro residant!": of this project.
5.7. TRAffIC:
A, The project "ponsor will provide to the sppropriate
governmental agency, an additional right-of-wsy of 17,5
feet along the south property boundary line for future
road widenlng of nattlesrlclka Ile.mrnoc}~ Road.
a. The project sponsor agree' to construct a right and left
turn stornge l^ne on Rattlc9nako If~rrunock Road fot' traffic
entering ShadowWood and to pay his proportionote share of
the costs of a traffic signal at the project entrance when
required by the appropriate governmental agency.
C. A sidwalk shall be constructed on one side of the main
entrance road into the project.
-16-
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bOOI 015 pm 180
---~_. ~.__.. .,-- - --
Aqenda 11em No. 8/\
t~.ovember 13. 2007
Page 51 Df 147
5.B. UTILITIE:S:
~. ~ cent~al water supply system shall be made available to
all .~eas of the p~oject. The water supply source fo~ the
p~oject shall be the County system.
E, ~ll areas of the project shall b& serv&d by a central
wastewater collection system and by an existing off-site
waste water treatment plant, The existing plant shall be
expanded a. may be needed to meet the anticipated
demnnds.
Plan. and D.E:,R, permit applicatio~9 fo~ the sewage
treatment plant shall be submitted to the Utility
Division.
C. The project sponsor a9rees to comply with all applicable
County laws and ordinances governjng utility prOVisions
nnd fadUties,
D. Telephone, powor and T,V, cable service shall be mac1e
available to nIl re.idential .reos. All such utility
lines shall be installed vnderground.
-17-
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Q. GRADY MINOR & ASSOCIATES, P.A.
Civil Engineers _ Land Surveyors _ Planners _ Landscape Architects
February 9, 2007
MARK W. MINOR, P.E.
NORMAN j. TREBILCOCK, A.I.C.P.. r.E.
c. DEAN SMITH, PE.
DAVIDW SCHMITI,P.E.
MICHAEL). DElATE, F.R
MICHAEL T Hji~ P.E.
GARY J. GA5PEl%NI,ll'jl:pcy Gundlach, AlCP
WILSON A. GIiiltiI1'clj:Ja1 Planner
Zoning and Land Development Review Department
Collier County Community Development and Environmental Services
2800 North Horseshoe Drive
Naples, FL 34]05
Agenda Item No. SA
r"ovember 13, 2007
Page 55 of 147
D, WAYNE ARNOLD, A.I.c.p,
STEPHEN v. BURGESS, P.S.M.
JUAN A. ARAQUE, P5.M.
KEITH A. STEPHENSON, P5.M.
KENNETH W, PAHUTSKI
ALAN V. ROSEMAN
JEFFREY S. CURL, ASLA. RLA
IVY V\'YLfE, P.E.
REV: I
Subject: Shadowwood Planned Unit Development Amendment
PUDA-2007-AR-I1283
SHADOWWOOD PUD
Project: 19990174
Date: 2/20107
Dear Ms, Gundlach:
DUE: 3120/07
On behalf of Wing South, Inc., I am pleased to prcsent for your review a minor
amendment to the Shadowwood PUD (Ordinance 82-49), which is located approximately
one mile west of CR 95] on the north side of Rattlesnake-Hammock Road. The
requested amendment will allow the owners of unused land currently within the Private
Air Pal'k district, or Tract C, to subdivide 1,98* acres into five single-family lots.
Because of the decrease in commercial use, the increase of residential units has been
deemed to be "no significant impact" in a letter dated November] 7, 2006, from Ray
Bellows, Zoning Manager, attached: This decision requires staff to review only those
areas of the PUD that will be altered by the amendment. The applicant does not retain
control of several areas of the PUD, and wishes to ensure that no unintended negative
consequences are rendered on tJ1e other property owners by the proposed amendments.
As required by the application checklist, this submittal contains the following items:
1) 24 - detailed Narrative;
2) 24 - completed application;
3) 24 - pre-application meeting notes;
4) 24 - revised Master Plan;
5) 24 - original PUD document (Ordinance 82-49) and Master Plan;
6) 24 - revised PUD document with strike-tlrrough/underline of changes;
7) 4 - warranty deeds;
8) 4 - legal description and survey;
9) 2 - corporation information;
10) 2 - signed affidavit;
II) 2 - covenant of unified control;
12) 2 - addressing checklist;
13) 4 - historical survey waiver request;
14) 4 - utility provisions statement;
15) 7 - traffic impact statement;
16) 5 - aerial photograph;
(239) 947-1144 _ FAX (239) 947-0375 _ Web Site: www.gradyminor.com
3800 Via Del Rey _ Bonita Springs, Florida 34134-7569
EB 0005151 _ LB 0005151 . LC 26000266
NG02092007
-I.
WSPl
Agenda Item I~o. SA
November 13, 2007
?aJ8 5f, of 147
17) 1 - electronic copy of all documents; and
18) 1 - letter of no objection from USPS.
In addition to the required materials, we have also included the following:
1) 24 - letter from Ray Bellows, Zoning Manager, regarding amendment type;
2) 1 ~ application fee of$9,067, which includes some of the legal advertising fees.
The original PUD Master Plan that was adopted in 1982 is no longer legible. Research of
County records indicates that no legible copy of the adopted plan was retained. For the
purposes of this amendment, Q. Grady Minor & Associates staff utilized an over-sized
color plan to re-create the adopted Master Plan. It was then revised and reduced to
indicate the proposed PUD amendment. \Ve have attempted to be as accurate as possible
in ordcr to avoid altering any of the Tract boundaries or acreages other than as described
in this application.
We would like to thank you in advance for your assistance with the petition. Please feel
free to contact me if you have any questions.
Sincerely,
~. ;<i0~o~<:)
Heidi K. Williams ~~ .
Senior Planner
HKW:sme
Enclosures
NG02092007
-2 -
WSPl
.".aenda Ilem I~a 8A
N'avember 13. 2007
Page 57 of 147
ShadawWood Planned Unit Development Amendment
Proiect Narrative
The ShadowWoad Planned Unit Development (PUD) was approved on July 13, 1982 with the
adoption of Ordinance 82-49. This PUD permits a unique "fly-in" residential development an the
north side of Rattlesnake-Hammock Road, approximately one mile west of C.R. 95 I. The Wing
South Airpark was actually in existence priar to adoption of the PUD, but the approval expanded the
scope of the facility.
To date, the PUD contains twa multi-family condominium developments and eleven single-family
platted lots. A multi-family tract on the north side of the PUD, which is under separate ownership,
has not yet been developed. The existing Master Plan desil,'nates Private Air Park and Commercial
tracts in addition to the residential areas. This petition seeks to remove 1.98," acres from Tract C,
Private Air Park, and add it to Tract B, Single-Family Residcntial. TIle application also seeks to
increase the allowable number of dwelling units from 569 units to 574 units. The additional five
dwelling units will all be specifically allocated to Tract B. The overall density will increase slightly
from 3.38 units per acre to 3.41 units per acre. No development standards are proposed to be
changed with this amendment.
The requested amendment is consistent with the Collier County Growth Management Plan. The
revised density of the PUD will remain in compliance with the current Density Rating System. TIle
PUD is located within the Urban Designation on the Future Land Use Map, which allows up to four
dwelling units per acre. Therefore, the PUD is consistent with the Future Land Use Element. The
Transportation Impact Analysis provided estimates the amendment will only add six peak hour trips
to the road network, which is not considered a significant impact to the surrounding road network.
Therefore, it is consistent with the Transportation Element of the Comprehensive Plan.
The proposed amendment will place slightly more residential intensity in this location. However,
there is an equivalent decrease in non-residential intensity due to the reduced "Air Park" acreage.
The request is appropriate because adequate infrastructure is already in place to accommodate the
additional units. The subject property is a previously cleared area located at the south end of the
PUD. It is bordered on the east by the runway for the air park in Tract C. Beyond this is an
undeveloped portion of the Naples Lakes Country Club. South of the subject site is the entrance to
the PUD, Rattlesnake-Hammock Road and the entrance to the Lely Resort Development of Regional
Impact. The additional single-family homes will be bordercd on the north by similar homes within
the development and on the west by multi-family condominiums, also within the PUD. Based on the
existing and intended uses surrounding the subject site, the proposed single-family homes will not
cause any adverse impacts on neighboring property owners.
The proposed amendment is sensitive to keeping the integrity of the originally adopted PUD
document intact. No dimensional development standards have been altered. Due to the quality of
the original Master Plan, a new Master Plan drawing had to be created for this petition based on
exhibits within County records and survey data. To the best of our knowledge, no acreage
calculations or tract boundaries have been changed other than the intentional modifications subject
to approval of this petition.
The requested amendment is consistent with the Comprehensive Plan and is compatible with the
area. Five additional single-family homes will not constitute a major increase in impacts and
therefore, the PUD amendment request is appropriate in nature.
Agencia Item 1'-10. a.A
Novernber 13. 2007
Pa98 58 of 147
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
PETITION NO (AR)
PROJECT NAME
PROJECT NUMBER
DATE PROCESSED
ASSIGNED PLANNER
I PUDA-2007-AR-11283
Project: 19990174
Date: 6/11/07 DUE: 7/10/07
I
REV: 2
]
NAME OF APPlICANT(S) WING SOUTH. INC.
ADDRESS 4310 SKYWAY DRIVE CITY NAPLES STATE FL
ZIP 34112
Telephone #
E-Mail Address:
CELL #
Fax #
NAME OF AGENT a. GRADY MINOR & ASSOCIATES, P.A.
ADDRESS 3800 VIA DEL REY
Telephone # 239-947-1144
CITYBONITA SPRINGS STATE FL
ZIP 34134
CELL #
Fax # 239-947 -0375
E-Mail Address:hwilliamsIalQradvminor.com
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF
ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS,
Application For Public Hearing For PUD Rezone 6/J4f04
Aqenda Item I~o. 8A
N'ov~mber 13, 2007
~n ~ -< "::r
Complete tne following for all Association(s) affiliated witn tnis petition. Provide additional
sneets if necessary.
NAME OF HOMEOWNER ASSOCIATION: SHADOWOOD HOMEOWNERS ASSOCIATION. MR. RUSSELL
BERGHUIS
MAILING ADDRESS 6202 SHADOWOODCIRCLE
CITY NAPLES
STATE FL
ZIP34112
NAME OF HOMEOWNER ASSOCIATION: SHADOWOOD PARK. MS.LORI BENNETT
MAILING ADDRESS 6475 SEA WOLF COURT CITY NAPLES
STATE FL
ZIP34112
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS
CITY
STATE
ZIP
NAME OF MASTER ASSOCIATION:
MAILING ADDRESS
CITY
STATE
ZIP
NAME OF CIVIC ASSOCIATION:
MAILING ADDRESS
CITY
STATE
ZIP ~_~
a. If tne property is owned fee simple by an INDIVIDUAL, tenancy by the entirety,
tenancy in common, or joint tenoncy, list all parties witn an ownership interest as
well as the percentage of sucn interest. (Use additional sneets if necessary).
Name and Address
Percentage of Ownership
Application For Public Hearing For PUD Rezone 6/14/04
Aqerl(Ja 11em [-.Jo. SA
hTovember ! 3. 2007
Page 60 of 147
b. If the property is owned by a CORPORATION, list the officers and stockholders and
the percentage of stock owned by each.
Name and Address
Percentage of Ownership
Wina South, Inc.
431D Skvway Drive
Naales, Florida 34112
100%
c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the
percentage of interest.
Name and Address
Percentage of Ownership
d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name
of the general and/or limited partners.
Nome and Address
Percentage of Ownership
Application For Public Hearing For PUD Rezone 6(14/04
Agenda Item !~o. SA
November '3. 2007
Page 61 01147
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.
Nome and Address
Percentage 01 Ownership
Date of Contract: N / A
I. If any contingency clause or contract lerms involve additional parties, list all
individuals or officers, if Q corporation, partnership, or trust.
Name and Address
g. Date subject property acquired [gJ leased g Term of lease 6/25/1996
yrs./mos.
If, Petitioner has option 10 buy, indicate the lollowing:
Date of option: N/A
Date oplion terminates:
, or
Anticipated closing date
h. Should any changes of ownership or changes in contracts for purchase occur
subsequent to the date of application, but prior to the date of the final public hearing,
it is the responsibility of the applicant, or agent on his behalf, to submit a
supplemental disclosure of interest form.
Application For Public Hearing For PUD Rezone 6/14/04
AqemJa liem hlo. 8,1\
~~~ovel11ber 'i 3. 2007
Detailed 1e2al description of the property covered bv the application: (If space is inadequate, attach
on separate page.) If request involves change to more than one zoning district, include separate legal
description for property involved in each district. Applicant shall submit four (4) copies of a recent survey
(completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-
application meeting.
NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning
the legal description, an engineer's certification or sealed survey may be required.
Section/Township/Range ~/ 50S / 26E
Lot:
Block:
Subdivision:Airpark South !!.f Shadow Wooe!
Plat Book--1'L- Page #:__Z'L- Property LD.#:73284Q99507
Metes & Bounds Description: See Attached
Size of property: 180 ft. X 750 ft. = Tolal Sq. Ft.
Acres
Address/generallocation of subiect propertY: The subject property is located on the north side of
Rattlesnake-Hammock Road. approximate Iv one mile west of C.R. 951.
PUD District (LDC 2.03.06): 0 Residential 0 Community Facilities
D Commercial
o Industrial X Mixed Use
Zoning
land use
NPUD,A
SPUD
EPUD
NaDles Heritaae. undeveloced
Lelv Resort DRI. undeveloaed
Naples Lakes Country Club. undevelooed
WRMF-6: RSF-3: A: RSF-4, A-ST Law densitv residential: vacant
Does the owner of Ihe subject property own property contiguous to the subject property? Yes If
so, give complete legal description of entire contiguous property. (If space is inadequate, attach
on separate page).
Section/Township/Range ~/ 50S / 26E
Lol:
Block:
Subdivision: Wino South-Condo
Plat Book-L Page #:~ Property 1.0.#: 00425960000
Metes & Bounds Description: .
Application For Public Hearing For PUD Rezone 6/14/04
Agenda Item No. 8A
November 13. 2007
7
This application is requesting a minor amendment to the Shadow Wood PUD to convert 1.98:t acres from
Tract C, Private Ai, Park, to Tract B, Single Family Residential.
Present Use of the Property: The subiect DrODertv is clJ.rrentlv vacant land.
Proposed Use (or range 01 uses) of the property: Five sinale-familv homes.
Original PUD Name:Shadow Wood PUD
Ordinance No.:82-49
Pursuant to Section 10.02.13 of the Collie, County Land Development Code, staff's analysis and
recommendation to the Planning Commission, and the Planning Commission's recommendation 10 the
Board of County Commissioners shall be based upon consideration of the applicable criteria noted below.
Provide a narrative statement describing the rezone request with specific reference to the criteria noted
below. Include any backup materials and dacumenlation in support of the request.
PUD Rezone Considerations (LDC Section 10.02.13.Bl
I. The suitability of the area for the type and pattern of development proposed in relation to
physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water,
and other utilities.
2. Adequacy of evidence of unified control and suitability of any proposed 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
recommendations of this type shall be made only after consultation with the county attorney.
3. Conformity of the proposed PUD with the goals, abjectives and policies of the growth
management plan.
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.
5. The adequacy of usable open space areas in existence and as proposed to serve the development.
6. The timing or sequence of development for the purpose of assuring the adequacy of available
improvements and facilities, both public and private.
7. The ability of the subject property and of surrounding areas to accommodate expansion.
Application For Public Hearing For PUD Rezone 6/14/04
,A,oenoa Item f\!o SA
f,Tovr:::>mber '13,2"007
8. Conformity with PUD regulations, or as to desirable modificatians of such regulations illiBtl64 01 1~.7
particular case, based on determination that such modifications of justified as meeting public
purposes to Q degree at least equivalent to literal application of such regulations.
Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many
communities have adopted such restrictions. You may wish to contact the civic or property owners association
in the area for which this use is being requested in order to ascertain whether or not the request is affected
by existing deed restrictions.
Previous land use Detitions on the subject Dropertv: To your knowledge, has a public hearing been held
on this property within the last year? 0 Yes X No
If so, what was the nature of that hearing?
NOTICE:
This application will be considered "open" when the determination of "sufficiency" has been made and
the application is assigned a petition processing number. The application will be considered "closed"
when the petitioner withdraws the application through written notice or ceases to supply necessary
information to continue processina or otherwise actively pursue the rezonina for a period of six f6}
months. An application deemed "closed" will not receive further processing and an application
"closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re-
opened by submitting a new application, repayment of all application fees and granting of a
determinatian of "sufficiency". Further review of the project will be subject to the then current code.
(LDC Section 10.03.05.Q.)
Application For Public Hearing For PUD Rezone 6114/04
..
1
.~
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLIERGOV.NET
(i)
.l\genGa Item ~~o. (1_'6,
I'Jovernber 13, 2007
2BOO NORTH HORSESHOE D':tl~~ 65 of 147
NAPLES, FLORIDA 34104
(239) 403.2400 FAX (239) 643-6968
. . .,'"
PRE-APPLICATION MEETING NOTES
D PUD Rezone
D PUD to PUD Rezone
!ZrPUD Amendment
Date: lb. ZC;' ()(() Time: O)?:Da 1m Firm:
Proiect Name: ~ \r\{U~ W od
A".,,,. No." \tFJ'~ i ~tlii1l C,
JIY'0 ~ w
Owner Name: C() l"tj ~ ' '. I ~ .'
ro~ hfldy ~VLnv-A ~I
Size of Project Site: I, r.o
acres
Phone: 2~- C)4,- ( l*
Phone: 2-~C]-1~'2- (0233
Owner Address:
4 (36' -;ilf:'y <<..:4'y' r:::4fE
City.StateR.-. ZIP~
SMdO\~J O~ rLtD ovd; v\()J{\(P~ ~ f12-4)
(dlNVfIM~
Existing PUD Name and Number
Assi!,1ned Planner NanU\
.
Njee'ing A'tie!l~~~s: (atiach Sign In Sheet)
Submiital req~'ir..m~nis (see next page..chec:klisl);
- 1 -
G:ICurrentlNew Pre-Application Forms 20061PUD Rezone, PUD Amendment PUD to PUD Rezone pre-app
050404.doc .
,
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Novemb.:::rJ3, ZOOT
PageB6"6r.;147
,.
PUD AMEI\IDIj'IENT (PUDA)
. PUtlREZO~~'(!,UDZ)
PlIO toPUDREZONE(PUDZ-A)
AiPPtlCATION
SUBMITTAL CHECKLIST
THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW
W/COVER SHEETS ATTACHED TO EACH SECTION.
NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED.
REQUIREMENTS
1 Additional set if located in the Bayshore/Gateway Triangle
Redevelopment Area)
Copies of detailed description of why amendment is necessary
Completed Application (download from web site for current form)
Pre-application meeting notes _
PUD Document & Conceptual Site Plan 24" x 36" and One 8 1/2" X
11" copy
Revised Conceptual Site Plan 24" x 36"and One 8 1/2" X 11" copy
i Original PUD document and Master Plan 24" x 36" - ONLY IF
! AMENDING THE PUD
! Revised PUD document with changes crossed thru & underlined
I Revised PUD document w / amended Title page w /ord #'s, LDC
10.02.13.A.2
Deeds/Legal's & Survey (if boundary of original PUD is amended)
list identifying Owner & 011 parties of corporation
Owner/Affidavit signed & notarized
Covenant of Unified Control
Completed Addressing checklist
;ijif:
Environmental Impact Statement (EIS) and digital/electronic copy of
EIS or exemption 'ustification
Historical Surveyor waiver request
Utility Provisions Statement w /sketches
Architectural rendering of proposed structures
Survey, signed & sealed
Traffic Impact Statement (TIS) or waiver
Recent Aerial Photograph (with habitat areas defined) min scaled
1"~400'
Electronic copy of all documents in Word format and plam {CDRom or
Diskette)
If located in RFMU (Rural Frinae Mixed Use) Receivina land Areas
Applicant must contact Mr. Gerry J. Lacovera, State of Florida
Division of Forestry @ 239-690~3500 for information regarding
"Wildfire Mitigation & Prevention Pian", lDC Section 2.03.08.A.2.o.(b)i.c.
#OF
COPIES
REQUIRED
NOT
REQUIRED
24
24
24
24
24
24
24
24 >(
2
2
2
2
2
4
4
4
4
4
7
5
Applicant! Agent Signature
Dote
y
- 2-
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050404.doc
.. "
Fees: ApplicCltian Fee:
ACjenda Item 1"0. SA
N~ovember 13, 2007
D $10,000 IPUD Rezone) + $25 per acre (or fraction thereof) Page 67 of 147
D $8,000 (PUD to PUD) + $25 per acre (or fraction thereof)
.mr $6,000 (PUD Amendment) + $25 per Clere (or frClction thereof)
./i('( $150.00 Fire Code Review
'Ei $2,250.00 Comprehensive Planning Consistency Review
KJ $500.00 Pre-Clpplication fee (Applications submitted 9 months or more after the date of the last pre-app
~eting shall not be credited towards application fees and a new pre-application meeting will be required.
~ $729.00 legal Advertising Fee far CCPC meeting (to be reconclled upon receipt of invoice from Naples Doily
~NeWS)'
~, $363.00 legal Advertising Fee for BCC meeting
$2500.00 Environmental Impact Statement review fee
f;Z] Property Owner Notification fees. Property Owner Notifications $1.00 Non-certified,. $3.00 Certified return
receipt mail ( to be paid after receipt of invoice from Dept. of Zoning & Development Review)
~
Fee Total $
PLANNER MARK IF NEEDED TO BE ROUTED TO REVIEWERS BELOW:
Comments should be forwarded to the Planner rior to the due date
I SCHOOL DISTRICT PARKS & REC -. Amanda Townsend
SUPERVISOR OF ELECTIONS IMMOKALEE WATER/SEWER DISTRICT
DR/EM1 - EMER. MGMT - Jim Von Rintein. UTILITIES ENGINEERING - Zamira Deltoro
CDES Coordinator - Linda B. Rout';- sheetl. "-~(!
onl I l'
___.. ...____.-L-..:.
Meeting Notes
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Warranty
1bIs Indenture. Made thi,
THE ROOKERY I LTC.,
Deed
25th day or June, 1996 A o.
a FLORIDA limited partnership
Bet_a
of"'CWllIy uf
WING SOUTH AIRPARK
corporation,
itau ,,( 1 lraator, ....
PRIVATE VILLAS,INC., a Florida not-tor-profit
~ .odro:.. if,: 4130 SKYWAY DR NAPLES Fl 33942
of.. c.....,. of COllIER Sl.1e ,,( FLORIDA t zraatee.
WltDessetb Iha, Ibc ORANTOR., for IJld in '~l'lIlil>ft or 1M IUm uf - - - - - - - - - - - - - -
_ _ _ _ - - - - - TEN' NO/100($10.00) - - - - - - - - - - ~.
w otbtr ruud.1Id ~aJu.Ab1l= ~o~,.Li"Q 1<.> GRANTOR in kud r-Hl by GRAWTEE, Uw N~.ipt \l!h~","<.lO. hereby KkIIOwledpd. bu
,...-.cI. NfJ.u...i.nd..>>d I<> \bo t&id OIlAHTEE UK! OMNTES'S ...,;,.uotS IUOll uai,1>Io fOR'.... 1M fullow... ...,riMoI.....
.........Iyq NllI ~ ill the' CwDly o( COLLI ER _.-SIIII of Florida w...it:
SEE ATTACHED EXHIBIT A ~~Jt>(jl~;~D MADE A PART H&REOF.
~~\.>:;:.--- -<1\ 1': ',-
TOGETHER with '711 th.e--~ J'fements, h:r~t1*-l1a.iI\ents and appurtenances
thereto belonglng ot ise perta1nlng"\ ~ have and to hold
the same in fee siRipl~ ~V&f'-r--f-' \
/ / -~/\ ~ \
The Grantor hereb~ --fii1b t e that Grantor i8
lawfully seized 0 sin n leJ e at Grantor has
good right and 10. t.u 0 i, n' I nvey said land;
and that said Ian (~ e a no s except
restrictions and ~entB common t ~ivision,
outstanding oil, q~~~nd mine:al ~e ,~/of record, it any.
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Whereof, u.. ,rulIW Ilal boreunkl Ml hi. llaDd &lld 1M! !be day t.nd )"U1f fin! .boY. WTi.....
OW' pnsaxc: THE ROOKERY, LTD.
By:
u/ "IoJt.M-'. .j,. CLIFFO:Rl:l WINGER
GENERAL PARTNER
""'"
.
Printed Name: , I (
Witness
STATE OF FLORIDA
COUNT V OF COLLIER
T1M Ion,..... u.-ru_.... wa, .<Ir._~d,od \>(fON ....., thi. 25th WI} l,)f June, ., 96 B)'
CLIFFORD WINGER, GENERAL PARTHER on behalf of THE ROOKERY, LTD.,
. FLORIDA Limi ted .........
H. y, pcnouUy ~n to _Of wbe ,,-, prolk>ce4 Ill,
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Printed Name:
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~U'I()tW. INGINUU P\.ANNln AND v.NO \UAv(T"Oll
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Division of Corporations
Agenda l~iNa <$f:.3
November 13. 2007
Page 74 of 147
Florida Dcparhl1l'r1f of Sfafe, Diuision of Co rroratiotlS
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Florida Non Profit
WING SOUTH, INC.
PUDA-2007-AR-11283 REV: I
SHADOWWOOD PUD
Project: 19990174
Date: 2/20/07 DUE, 3/20/07
PRiNCIPAL ADDRESS
4310 SKYWAY DRJVE
NAPLES FL 34] ] 3 US
Changed 04/28/2006
MAILING ADDRESS
4985 E TAMIAJ\lI TRAIL
NAPLES FL 341 ] 3 US
Changed 04/28/2006
Document Number
723949
FEI Number
:"92528568
Date Filed
07/2511972
State
FL
Status
ACTIVE
Effective Date
NONE
Last Event
NAME CHANGE
AMENDMENT
Event Date Filed
0711912001
Event Effective Date
NONE
e.glstere ,gent
I Name & Address I
HM<..T, STEVE
4QS:: E T AMI,\MJ TRAIL
NAPLES F:~ 34 I 13
I Name Changed 04'28/1U06 I
I Address Changed 04i2~'1006 I
R
dA
Officer/Director Detail
I Name & Address II Title I
BOLTON, PETER [J
3409 SKYWA Y DR
NAPLESFLJ.t112
I HOLDER, STEVEN II I
httn://www.sunbiz.on!/scrints/eordetexe?al=OFTFTT.Ron 1 =7?'1949Ron?=N.A MFWnX,n'1=
l/?Q/?flfn
Division of Corporations
Agenda ~~d'-I2;.cfif\3
r,ovember ,3,2007
Page 75 Df 147
I 4096 $KYWA Y DR IL:J
NAPLES FL 34112
EDMANSON, TRACY c:J
JY04 SK YW A Y DR
NAPLES FL 34112
KASER, JAMES [J
4119SKYWAYDRIVE
NAPLES FL .H113
HART, STEVE G
4985 ETAM1AMI TRAIL
NAPLES FL 3411 J
. nnua eoorts
I Report Year II Filed Date I
I :!OO4 I~ 0412612004- I
I 2005 II 05/05'2005 J
I 2006 ~I 04/2812006 I
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_~__.,_.__~____._.",_""'''__ ,_.,__ __...'m__m.'.___".____._ _'~_____"_ <.._ ,eo"" ._____ ._,______,,___m._._."."""_
Previous Filingu
Return to List J
YLe"" Even1s
View E<ime Histol}'
Next Filing I
~--,---_._---~--_._--~----------~"---"--_._----~"-----
Document Images
Listed below are the images available for this filing.
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O)/,2611996_=.l~.6.i\.J'lNl.LAL.&g:j'QRT
0.[/30/1995 -- Annual Report
THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT
-----------
, .............. .-.........
httn"//\N"W\\l <;;:nnh17 (lro!c(,T'lnf<;:/r",.r\pf pvp?~ 1 =f)l:TPTT .Rrn 1 =7')1.QL10Rrn'1=l--T 6.. 1\AJ:'UTl1 Rr..... 1. =
1 nonnrn
Division of Corporations
Agencia i&lge;(l GfJ
Ncrv8mber -; 3. 2007
Page 76 of 1';1'
httn:llwww.slmhi7nrplsc.rintslc.nr....t """.7" 1 ~f)FTFIT .&n 1 ~7?1c)4C)&n)~N A MFWf)&n'~
1 f)C)f)()()7
2006 !\IOT-FOR-PROFIT CORPORATION ANNUAL REPORT
DOCUMENT# 723949
Entity Name: WING SOUTH, INC.
A..ijenda Item 1'-,;0. SA
FILEll:Jllember 13, 2007
Apr 28, 200&ge 77 of 147
Secretary of State
Current Principal Place of Business:
New Principal Place of Business:
4310 SKYWAY DRIVE
NAPLES, F'_ 34112 US
4310 SKYWAY DRIVE
NAPLES, FL 34113 US
Current Mailing Address:
New Mailing Address:
P O. BOX 110156
NAPLES, FL 34108
US
4985 E T AMIAMI TRAIL
NAPLES, FL 34113 US
FEI Number: 59.2528568
FE! Number Applied For ( 1
FEI Number Not Applicable ( )
Certificate of Status Desired (
Name and Address of New Registered Agent:
Name and Address of Current Registered Agent:
WHITE WILLIAM D
2310 DELLA DR
NAPLES, FL 34117
US
HART. STEVE
4985 E T AMiAMI TRAiL
NAPLES. FL 34113 US
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both,
in the State of Florida
SV3NA TURE STEVE HART
:::Iectronic Signature of Registered I\gent
04/28/2006
Date
OFFICERS AND DIRECTORS:
ADDiTIONS/CHANGES TO OFFICERS AND DIRECTORS:
Title:
Name
Address:
City-51-Zip'
Title'
Name
Address.
City-Sf-Zip
Title:
Name:
Address:
City-St-Zip.
Title:
Name:
Addres s.
City-51-Zip:
Tille:
Name:
Address:
City-51-Zip:
Title:
Name:
Address;
Clty-St-Zip'
ASM ( ) Delete
WHITE, WILLIAM D
2310 DELLA DR
NAPLES, FL 34117
Title
Name:
Address:
City-St-Zip.
PO (X) Change ( ) Addition
BOLTON, PETER
3409 SKYWAY DR
NAPLES, FL 34112
VD (X) Change ( ) Addition
HOLDER, STEVEN
4096 SKYWAY DR
NAPLES, FL 34112
SO (X) Change ( ) Addition
EDMANSON, TRACY
3904 SKyWAY DR.
NAPLES, FL 34112
Dr (X) Change ( ) Addition
KASER, JAMES
4119 SKYWAY DRIVE
NAPLES, FL 34113
ATD (X) Change ( ) Addition
HART, STEVE
4985 E TAMIAMI TRAIL
NAPLES, FL 34113
( ) Change ( ) Addition
I hereby certify that the information supplied with this filing does not qualify for the for the exemption stated in Chapter 119,
Florida Statutes. 1 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 1 am an officer or director of the corporation or
the receiver or trustee empowered to execute this report as required by Chapter 617, Florida statutes; and that my name appears
above, or on an attachment with an address, WIth all other like empowered,
DVP ( ) DellO!te
MYERS,ROY
3874 SI<:f\NAY DR
NAPLES, FL 34112
Tille
Name:
Address:
Cily-St-Zip:
D ( ) Delete
ETTER, ROBERT
3940 SKYWAY DR.
NAPLES, FL 34112
Title;
Name:
Address:
City-SI-Zip:
DT ( ) Delete
KASER, JAMES
4119 SKYWAY DRIVE
t-lAPLES, FL 34112
Title:
Name:
Address:
City-5t-Zip
DAT ( ) Delete
HARRY, BOB
4084 SKYWAY DRIVE
NAPLES, FL 34112
TItle:
Name:
Address:
Ci!y.-5t-Zip:
o (X) Delete
MURRY, ROBERT
711 H1LLSDALE
WYANDOTTE, MI 48192
Title:
Name:
Address:
City-51-Zip:
SIGNATURE PETER BOLTON
Electronic Signature of Signing Officer or Director
PD
04/28/2006
Date
AFFIDAVIT
" ,-~::> ! 4-_:::> f'1.....':}
N"ovember 13,,200
Page 78 of ,'I 4
Well, p~-:-(L <3-_ ~~c,,,,, '?~.~,= W....."..~eing first duly sworn, depose
and say that well ami are the owners of the property described herein and which is
the subject matter of the proposed hearing; that all the answers to the questions in
this application, including the disclosure of interest information, all sketches, data,
and other supplementary matter attached to and made a part of this application,
are honest and true to the best of our knowledge and belief. Well understand that
the information requested on this application must be complete and accurate and
that the content of this form, whether computer generated or County printed shall
not be altered. Public hear'ings will not be advertised until this application is
deemed complete, and all required information has been submitted.
As property owner Well further authorize O. Gradv Minor & Associates. P.A. to
act as our /my representative in any matters regarding this Petition.
Signature of Property Owner
~
5i
o Property Owner
Typed or Printed Name of Owner
p~z~ &_ ~~C....
Typed or Printed Name of Owner
~ (tZ\", 'VC'''' ~
c...::",4. Cs- s:;,,,,~ 3:>-<'"
~_ 1-0
Th~regoing instrument was acknowlegped before me this :;22- day of
J?nvo:./Lj ,200 7 ,by/"'!<<-"- 6,.-",,,,.;. /:J,.o/~ who is
personally known to me or has produced F /</'Y'>..,J~ d." v<' r L-;c". r?.tCas
identification.
C'/
<--
--=>
"->-
State of Florida
County of =0<--'- I c''1-
(Signatu of Notary Public
State of Florida)
JAIRO GUTIERREZ
'~a~ "'''~ Notary FiubHc. Stale 01 Florida
~ Commission# DO 564647
My comm. expires June 25. 2010
(Print, Type, or Stamp Commissioned
Name of Notary Public)
Application For Public Hearing For PUD Rezone 6/14/04
Agenda Item No. SA
November 13 2007
Page 79 of 147
The undersigned do hereby swear or afflnn that we are the fee simple titleholders and ownerS of record of property
commonly known as 4226 Skyway Drive
Nanles, Florida 34112
(Street address and City, State and Zip Code)
COVENANT OF UNIFIED CONTROL
and legally described in Exhibit A attached hereto.
The property described herein is the subject of an application for _".~an amendment to Shadowwood
planned unit development (_PUD) zoning. We hereby designate f'E.TFJ' <.1 .f-':YOL-IOI~
legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to
legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority
includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans,
surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to
authorize development activity on the property until such time as a new or amended covenant of unified control is
delivered to Collier County.
5.
The undersigned recognize the following and will be guided accordingly in the pursuit of
development of the project:
The property will be developed and used in conformity with the approved master plan including all conditions placed
on the development and all commitments agreed to by the applicant in connection with the planned unit development
rezoning.
The legal representative identified herein is responsible for compliance with all tenns, conditions, safeguards, and
stipulations made at the time of approval of the master plan, even jf the. property is subsequently sold in whole or in
part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County.
/\. departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or
safeguards provided for in the planned unit development process \\'ill constitute a violation of the Land Development
Code.
All terms and conditions of the planned unit development approval will be incorporated into covenants and
restrictions which run with the land so as to provide notice to subsequent ov.mers that all development activity within
the plarulCd unit development must be consistent v.'ith those terms and conditions.
So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms,
safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance.
The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development
and the County may stop ongoing construction activity until the oject is brought into compliance with an terms,
conditions and safeguards of the planned unit development.
1.
,
3.
4.
Owner
Printed Name
V~.2.. ~'-"C~
Printed Name
~(l..Z\t~<""""::-
o \ \4.. tS' ~<.::."",-+ ::D.---4.~
STATE OF FLORIDA)
COUNTY OF cou__H::?(
-I) --r
'2 2' day of J.=>"" va,. ^-1
, 200 7by
Sworn to (or affrrmed) and subscribed before me this
it /~,'&Ul f 6oj~
<17crr>d,,- dY\v'~"'" (IC-.
~'A."
~p%.
_ who is personaliy known to me or has produced
asiden' ation. ~ ~
JAlRO GUTIERREZ c- ~
Notary Public. Slale 01 Florida J'N/Z;<> Gw/?G;td::::=L
Commission*, DD 564847 . d
M . June 25 2010 Name typed, prmted or stampe )
y comm. expIres .
(Serial Numher, if any)
Application For Public Hearing For PUD Rezone 6/14/04
ADDRESSING CHECKLIST
!l.genda Item r~o. 8/\
November 13. 2007
Page 80 Df 147
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.
1. Legal description of subject property or properties (copy of lengthy description may be attached)
SHADOWWOOD AIRPARK SOUTH ! C" - :;,,::;1 - G...-(" .
2. FCllio (PrClperty ID) number(s) of above (attach to, or associate with, legal description if more than one)
73284000507
3. Street address or addresses (as applicable, if already assigned)
4226 SKYWAY DR
4. Location map, showing exact location of project/site in relation tD nearest public road right-of-way (attach)
5. Copy of survey (NEEDED ONLY FOR UNPLATTED 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 Acidressing Checklist for each Petition Type)
DSDP (Site Development Plan)
o SDPA (SDP Amendme:lt)
o SDPI (3DP lnsubstantial Change)
o SIP (Site Improvement Plan)
o SIPI (SIPI insubstantial Change)
o SNR (Street Name Changc)
o Vegetation/Exotic (Veg. Removal Pennits)
[gJ Land Use Petition (Variance, Conditional Use,
Boat Dock Ex!., Rezone, PUD rezone, etc.)
o Other - Describe:
~--~._._-~
o PPL (Plans & Plat Rcview)
o PSP (Preliminary Subdivision Plat)
o FP (rinal Plat)
o LLA (Lot Line Adjustment)
o BL (Blasting Permit)
o ROW (Right-of-Way Pennit)
o EXP (Excavation Permit)
o VRSFP (Veg. Removal & Site Fill Permit)
o TDR (Transfer of Development Rights)
10. Project or development names proposed for, or already appearing in, condominium documcnts (if
applicable; indicate whether proposed or existing)
] l. Please Check One: kSI Checklist is to be Faxed Back 0 Personally Picked Up
12. Applicant Name Sharon Umoenhour Phone 239-947-1144 Fax 239-947-0375
]3. Signature on Addressing Checklist does not constitute Project andJor Street Name approval and is subject to
further review by the Addressing Section.
FOR STAFF USE ONLY
Primary Number \"b4-o, 0 S
Address Number I'6L\-c\DC"
Address Number
Address Number
""'\ .
Approved by .'!LL"'.f~
,f,n ___ _
j " \u h r.:::..-
Date \ Cl - q - 0 '. .
PUDA-2007-AR-11283 REV: 1
SHADOWWOOD PUD
Project: 19990174
Date: 2120107 DUE: 3120107
P\genda item No. SA
November '13, 2007
Page 81 of 147
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y
COLLIER COUNTY
WAIVER APPLICATION FROM THE REQUIRED HISTORICAL AND
ARCHAEOLOGICAL SCi~VEY AND ASSESSMENT
DA TE SUBMITTED:
"__,, PLAJ'.<'NER: R~Y1.nond V. Bellows. Zoning Manager
PETITION NUMBER ASSOCIATED WITH THE WAIVER:
(To Be Completed By Zoning and Land Development Review Staff)
PROJECT NAME: Shadowwood PUD Amendment
LOCATION: (Common Description) A portion of Section 16. Township 50 South. Ran!!e
26 East: the site is \!enerallv 10cat@.Qne mile west of CR 95 I (Collier Boulevard) on the
north side of Rattlesnake-Hammock Road.
SUMMARY OF WAIVER REQUEST: The subiect propertv has been cleared and
utilized as an accessory to the private air park. includin!! the runway and maintenance
facilities.
(Properties located within ill] area of Historical and Archacological Probability but with a
low potential for historical/archaeological sites may petition the Community Development
& Environmental Services Administrator or his designee to waive the requirement for a
Historical/Archaeological Survey and Assessment. Once the waiver application has been
submitted, it shall be reviewed and acted upon within five (5) working days. The waiver
request shall adequately demonstrate that the area has low potential for
historicaJlarcbaeologieal sites.)
Hi~I()I'ic Pre;;C\"-".,..ticr:.F,!rm.~ill;30/U4
A.aenda Item ~~o. 8.A.
N~ovember 13. 2007
Page.32 of '147
SECTION ONE: APPLICANT AND PROPERTY OWNERSHIP DATA
A. Name of applicant (s) (if other than property owner, state relationship such as option
holder, contract purchaser, lessee, trustee, etc.): Wing South, Inc.
Mailing Address: 4130 Skyway Drive, Naples. Florida 34112
Phone:
FAX:
B. Name of agent(s) for applicant, if any: UeidiK. Williams
Mailing Address: Q,J;n:il<:l-lMin91: rmdl':,ssociales. P~6."_.'\BQO_Virt])_<iRe'y'~Q!lllii
Springs. FloridaJ4134
Phone: (239) 947-] 144
FAX: 239-947-0375
Name ofowner(s) ofpropcrty: Wing South. Inc.
Mailing Address: 4130 Skvw!'-l Urive._Naples, Flonda 34[12
Phone:
FAX:
;'*Please see zoning authorization (copy attached)
Note: if names in answers to A and/or B afe different than name in C, notarized
letter(s) of authorization from propeI1y owner (e) must be attached.
SECTION TWO: SUBJECT PROPERTY DATA (Attach copy o[the plat book page
(obtainable fi'om Clerk's Olliee at the original scale) with subject property clearly marked.)
A. Legal description of subject property. Answer only 1 or 2, as applicable.
1. Within platted subdivision, recorded in official Plat Books of Collier County.
Subdivision Name: _Wing_South Condo
Plat Book 4
Page__46_ Unit
Block Lot
Section 16
Township _50
Range _26
HisfOrk Pr'~'iiCrVafii)l1ih'mh'''ll'JurI4
2
Agenaa Item No, SA
November 13, 2007
Page 83 of '147
B. The Community Development & Environmental Services Administrator or his designee
may deny a waiver, grant the waiver, or !,'fant the waiver with conditions. The official
decision regarding the waiver request shall be provided to the applicant in writing. In
the event of a denial of the waiver request, written notice shall be provided stating the
reasons for such denial. Any party agb'lieved by a decision of the Community
Development & Environmental Services Administrator or his designee regarding a
waiver request may appeal to the Preservation Board. Any party aggrieved by a decision
of the Preservation Board regarding a waiver request may appeal that decision to the
Board of County Commissioners.
SECTION FOUR: CERTIFICATION
A. The applicant shall be responsible for tbe accuracy and completeness of this application.
Any time delays or additional expenses necessitated due to the submittal of inaccurate or
incomplete inf(lm1ation shall be the responsibility ofthe applicant.
13. All information submitted with the application becomes a pali of the public record and
shall be a permanent pali of the file.
C. All attachments and exhibits submitted shall be of a size that will fit or conveniently fold
to fit into a legal size (8 1'2" x 14") folder.
Signature of Applicant or Agent
.~
("""' ~ -j '>. ~ . -
Printed Name of Applicant or Agent
Heidi Williams
-------------------------------------...----.-------------------------..----
---------------------------------------------------~-~-----------
-TO BE COMPLETED BY THE COMMUNITY DEVELOPMENT SERVICES DIVISION-
SECTION FIVE: NOTICE OF DECISION
The Community Development & Environmental Services Administrator or designee has made the
following determination:
1.
Approved on:
By:
2. Approved with Conditions on: ___ By:
(see attached)
3.
Denied on:
(see attached)
By:
!1isl'c'rk Pr';<;"!'~.:\i'iun,.F(}l1lL~'11:YJi':'4
4
STATEMENT OF UTILITY PROVISIONS
FOR PUD REZONEREQUEST
Aaenda item No 8PI
/1ovember 13. 2007
Page 84 of 147
APPLICANT INFORMATION
NAME OF APPLlCANT(S) WING SOUTH. INC.
ADDRESS 4130 Skyway Drive STATE FL
ZIP34112
FAX #
TELEPHONE #
E-MAil ADDRESS:
CEll #
ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE):
LEGAL DESCRIPTION
Section/Township/Range _L2._/ 50S r~26E
lot: ____~_ _ Block: ~___~ Subdivision:AIRPARK SOUTH OF SHAJ)OWWOOD
Plat Book_~ Page #:_7'1-_ Property 1.0.#:73284000507___________
Metes & Bounds Description: See Attache.L.___
TYPE OF SEWAGE DISPOSAL TO BE PROVIDED
(Check applicable system):
COUNTY UTILITY SYSTEM
a . CITY UTI L1TY SYSTEM
b. FRANCHISED UTILITY SYSTEM
PROVIDE NAME
d. PACKAGE TREATMENT PLANT
(GPO capacity)
e. SEPTIC SYSTEM
o
x
o
D
D
TYPE OF WATER SERVICE TO BE PROVIDED
a. COUNTY UTILITY SYSTEM X
b. CITY UTILITY SYSTEM C
c. FRANCHISED UTILITY SYSTEM 0
PROVIDE NAME _____________________________
d. PRIVATE SYSTEM (WEll) 0
STATEMENT OF UTILITY PROVISIONS - page 2
/-\genda Item No. [-:V",
November 13. 2007
Page 85 of i 47
TOTAL POPULATION TO BE SERVED:LQ
PEAK AND AVERAGE DAILY DEMANDS:
A. WATER-PEAK 2310 GPD AVERAGE DAILY
B. SEWER-PEAK 1300 GPD AVERAGE DAILY
1 S40 GPD
1000
IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER
SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED
2008
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 affluent and sludge disposal. If
percolation ponds are to be used, then percolation data and soil involved
shall be provided from tests prepared and certified by a professional
engineer.
Proposed 5 lot subdivision is located north of Rattlesnake Hammock Road. It
is part of the South County Water System and Wastewater System.
Sanitary sewer connection will be by extension of the existing 8" sewer
gravity sewer. Existing wastewater pump station has adequate capacity.
Water system connection will be by connection to the existing water main on
opposite side of the road and extension of services to new lots.
Anticipated water Iwastewater demands:
.Water at 154 GPDC @ 2.0 person/unit
ADF S x 2 x 154 = 1540 GPD
MMDF 1540 GPD x 1.5 = 2310 GPD
. Wastewater at 100 GPDC @ 2.0 personslunit
ADF 5 x 2 x 100 = 1000 GPD
MMDF 1000 x 1.3 = 1300 GPD
Peak Hourly Flow = 1000 (4.41 )/24
= 184 GPH
Aoen[ia Item No SA
N-overnber 13. ioo7
Page 86 of 147
C::Ot.jCIE&c6~Nn:rij)1'ifl:.][Y[)E'tiI'lcA'tl(jN$:rit\f:l3M,ENt: 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 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.
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 provider other
than the County, a statement from that provider indicating that there is
adequate capacity to serve the project shall be provided.
Agenda Item No. SA
November 13. 2007
Page 87 of 147
ORDINANCE NO. 07- ___
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 82.49, THE
SlIADOWWOOD PUD BY AMENDING THE COVER PAGE;
BY AMENDING SECTION 4.2., PROJECT PLAN AND LAND
USE TRACTS; BY AMENDING SECTION 4.4.C., MAXIMUM
DWELLING UNITS; BY AMENDING SECTION S.2.A., P.U.D.
MASTER PLAN; BY AMENDING TIIE PUD MASTER PLAN;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Wing South, Inc., represented by Heidi K \Villiams, Mep, of Q. Grady
MiIlor & Associates, P.A., petitioned the Board of County COlIlmissioners to amend tbe
ShadowWood PUD (Ordinance Number 82-49).
NOW, THEREFORE. BE IT ORDAL'lED BY THE BOARD OF COUKTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: AMENDMENTS TO COVER PAGE OF ORDINANCE NUMBER 82-49.
SlIADOWWOOD I'LANNED UNIT DEVELOPMENT
The Cover Page of the Development Plan (also known as the Planned Unit Development
Document), previously attached as Exhibit "A" to Ordinance Number 82--<19 for ShadowWood
PUD, is hereby amended to read as follows:
PREPARED BY:
wn.sON, MILLER. BARTON. SOLL & PEEK. L'le
1383 Airport Road North
Naples. FL 33924
REVISED BY:
O. GRADY MINOR & ASSOCIATES
3800 Via Del Rev
Bonita SorinlZs FL 34134
SECTION TWO: AMENDMENTS TO SECll0N 4.2., ENTITLED "PROJECT PLAN
AND LAND USE TRACTS" OF ORDINANCE NUMBER 82-49,
SlIADOWWOOD PUD
Paragraph 4.2., entitled "Project Plan and Land Use Tracts" of the Development Plan (also
known as the Planned Unit Development Document) of Ordinance Number 82-49, for
ShadowWood PUD, is hereby amended to read as follows:
4.2. PROJECT PLAN AND LAND USE TRACTS,
For the purposes of gross residential land use area, the subject property is :t168.1 acres.
The project plan including street layout and land uses is illustrated in Exhibit "B", PUD
Words !Juaet t;ffi"s kl.gh are deleted; wurds underlined are added.
Page 1 of3
MasterPlan, V~il.sefl, }'IiHBr, BartEJR, !i:ell & Peek, Ine., DfB...iRg HL !'1"8. RZ 59. TIle
project shall consist of five land use tracts of general area and configuration as shown in
Exhibit "B".
.Aqenda Item No B.A
r~~ovember 13, 2007
Page 88 of 147
Tracts A & E -. Multi-family Residential
Tracts B - Single Family Residential
Tract C - Private Air Park District
Tract D - Commercial
Entrance Drive
:t 113.3 Acres
:t b+5.68 Acres
.:t ~35.82 Acres
:i: 10.3 Acres
:t 3.0 Acres
::t 168.1 Acres
Total Area
Assuming favorable economic and market conditions, it is the project sponsor's intent
to complete development of the property within six years.
The total maximum residential units will be 349574 unjL~ at a maximum density of ~ JA:
umts per gross acre.
SECTION THREE: AMENDMENTS TO SECTION 4.4.C.. MAXIMUM DWELLING
UNITS, OF ORDINANCE NVMBER 82-49. SHADOWWOOD PUD
Section 4.4.C., entitled "Maximum Dwelling Units" of the Developmenl Plan (also known
as the Planned lJnit Development Document) of Ordinance Number S2--49. for Shadov/v\rood is
hereby amended to read a:; follows:
C. MaxinlllIIl_ )l~ellin!!,Unjts:
A maximum of HlQ re.~idenr.ial dwelling llmts may be constructed.
SECTION FOUR: AMENDMENTS TO SECTION S.2.A., ENTITLED "P.U.D. MASTER
PLAN" OF ORDINANCE NUMBER 82-49, SHADOWWOOIl PUD
Section S.2.A., entitled "P.1J.D. Master Plan" of the Development Plan (abo knuwn as tbe
Planned Unit Development Document) of Ordinance Number 82-49 for ShadowWood is hereby
amended to read as follows;
A. The PUD Master Plan (\l'ilson, Millar, Barten, Sell & Peel:, Ine. Drav in); File :POls. RZ 55:, Sheet 1
~ is an illustrative preliminary development plan.
SECTION FIVE: AMENDMENT TO THE PUD MASTER PLAN, OF ORDINANCE
NUMBER 82-49, SHADOWWOOD POD
The PUD Master Plan has been revised as shown in Exhibit B. attached hereto and
incornorated bv reference herein. to increase the size of Tract B. Sinele-Familv ResidentiaL and
decrease Tract C. Private Air Park. bv I.98:t acres. This nIan. drawn bv O. Gradv Minor &
Associates. P.A.. modifies and [enlaces the ori!!inal Master Plan only to the extent that the tract
adiustment described has been altered. All other boundaries are intended to be a<:; ori!:!:inallv
adonted.
SECTION SIX: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
Words ST:l'llS!( thrawgll. are deleted; words underlined are added.
Page 2 of 3
Aoenda Item No. 8A
1'~(JVember 13. 2007
Page 89 of 147
PASSED AND DULY ADOPTED by super-majority vote by the Board of County
commissioners of Collier County, Florida, this _ day of
,2007.
ATrEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
BY:
JAMES COLETTA. CHAlRMAN
, Deputy Clerk
Approved as to form and
legal sufficiency:
/ Marjorie M. Studcnt-Stirliog
Assistant County Attorney
Words Sl:ruelt IhrslI.;h are deleted; words underlined are added.
Page 3 of 3
Agenda Item No. 31-\
November 13, 20CJ7'.. .,
Page 90 of 147 .-;tt.
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ORDINANCE 82 - -12-
AN ORDINANCE AMENDING ORDINANCE 82-2
THE COMPREHENSIVE ZONING REGULATIONS
FOR THE UNINCORPORATED AREA Of COLLIER
COUNTY, FLORIDA BY AMENDING THE ZONING
ATLAS MAP NUMBER 50-26-5 BY CHANGING
THE ZONING CLASSIfICATION OF THE HEREIN
DESCRIBED REAL PROPERTY fROM A-2, RSF-4
& C-4 TO PUD PLANNED UNIT DEVELOPMENT
FOR "SHADOWWOOD" LOCATED AT WING SOUTH
AIR PARK: AND BY PROVIDING AN EFFECTIVE
DATE.
WHEREAS, The Rookery. Ltd. petitioned the Board of
':>I:'
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County Commi5~ioner~ to chanqe the ZoninQ Classification
of the h~re1n de~cr1bed re~l property;
NOW. THEREFORE BE IT ORDAINED by the Board of County
Commi~S10ners of Collier County. Florida:
Section One:
The Zoning ClaSSificAtion of the her~in described
real property located 1n Section 16. Township 50 South, RanQe
26 Ea.t. Collier County. Florida 10 chanQed from"A-2, RSf-4 &
C-4"to "PUD" Pl.lnned .Unit Development in accordance with the
PUD document attaChed hereto as Exhibit "A~ which is incorporated
,.
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herei~ and by reference made a part hereof. The Official Zon1nq
Atlas Map Numbt'r, Number 50-26-5, as de!lcribed in Ordinance B2-2,
is hereby amended aCCordingly.
lOOK 015 fACE 161'
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Section Two:
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,., Thl~~Ordinance shall become effective upon receipt of
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EXHIBIT "A"
Aaenda Item No ~jA
N~ovember 13, 2'007
Page 91 of 147.'~jJ!\'
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notice that it has been filed with the Secretary of State.
D~TE: July 13, 1982
BO~RD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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BY: C R (:J~
c. R. "RUSS" WIMER, CHAIRMAN
STATE OF FLORI DA
COU>1Y OF COLLIER
I, \~l LLlAH J. REAGA.'I. Clerk of Courts in nnd for the Twentieth
Judicial Circuit, Collier County, Florida, do hereby certify that the
foregoing is a true original of:
ORDI~\NCE NO. 82-49
which was adopted by the Board of County Comnis$ione.. durin~ negular
Se$5ion July 13, 1982.
~1,,"SSmy hand and the official .eal of the Hoard of County Com-
mi..!oner. of Collier County, Florida, this 13th day of July, 1982.
WILLIA!" J. PEAGiIN
Clerk of Court. and Clerk
Ex-officio to noard of
County Commi.sioners
~~
By ...-,.. .~
V"p'1n . agri.. y -
Thl. ordinance flleu with the'SecretOl,' of State'. office the 26th day of .,
July, 1982 nnu ncknowled~emcnt of thllt filin~ received this 28th cl.,y of
July, 1982. , /
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ShodowWood
PI.ANI1ED UNIT DEVELOPMENT
Located in Section 16
Township 50 South, Range 26 East
PREPARED BY:
WILSON, MILLER, BARTON, SOLL , PEEK, INC.
1383 Ai~port Rood No~th
Nopl.., Flo~ldo 33942
DATE ISSUED
DATE APPROVED BY CAPC
DATE APPROVED BY BCC
ORDINANCE NUMBER:
&OOK 015 PAGE 163
6-24-82
6-17-82
7-13-82
82.49
Agenda Item No. 81\
I,ovember ,3, '
Page 92 0
Aoenda Item No. SA
N-ovember 13, 2007
Page 93 of 147
"
TA8LB OF CONTENTS
PAGE
SECTION I
STATEMENT OF COMPLIANCE
1-2
SECTION II
STATEMENT OF INTENT
SECTION III
3
PROPERTY OWNERSHIP AND LEGAL DESCRIPTION
4
SECTION IV
GENERAL DEVELOPMENT REGULATIONS
5-14
TRACTS A . E- MULTI-FAMILY RESIDENTIAL
TRACT B - SINGLE FAMILY RESIDENTIAL
TRACT C - PRIVATE AIR PARK DISTRICT
TRACT D - COMMERCIAL
SECTION V
GENERAL DEVELOPMENT COMMITMENTS
15-16
IOO~ 015 PACf 164
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Agenda item No. SA
November 13, 20n
Page 94 of 1
SECTION I
STATEMENT O~ COMPLIANCE
The pucpo5e of this section i. to expcess the intent of The
ROOKUY, Ltd., 706 5th ^venu~ South, Naples. Flodda to develop
+168.1 acre. of land located in Section 16, Township 50 South,
Range 26 East, Collier CountYr Florida. The name of this proposal
development shall hence forth be know ~s Sh~dowWood.
The development of Shadowwood as a Planned Unit Development will
be in compliance with the planning goal. and objecti~e. of Colliec
County as set forth in the Comprehensive Plan. The residential
development with associated recreational and private aviational
facilities will be consistent with the gcowth policies and land
development regulations of the Comprehensive Plan Land Use Element
and other applicable documents for the following reasons.
,. The subject property h~s the necess~ry rating points to
determinQ availability of ~dequate community facilities and
services.
2. The project development is compatlble with and complimenta~y
to the su~rounding land uses.
J. The subject property will provide a veget8tive buffer between
the pl"'operty and Rattlesnake tl,'!;mmock ROlld, the surrounding
vacant lands, and the single family residential units to the
west.
4. The de~elopm.nt shall con.ist primarily of multi-family
l"'esidential clusters and shall thereby provide more common
open space.
5. The development shall utilize natural systems for water
management such as the cypress, willow, lower wetland areas,
and natural drainage courses.
6. The development shall promote the maintenance of the
residential neighborhood ond be aesthetically pleasing ~nd
functionally efficient.
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Agenda Item !'O. SA
November 13. 2007
Page 95 of 147
7, The number of egress and ingress points shall be limited to
minimize the impact upon the traffic flow along Rattlesnake
Hammock Road.
8. The development is complimentary to and consistent with the
Collier County Comprehensive Plan Land Use Element.
g. The land may be used more efficiently, and made more
desireable resulting in a smaller network of utilities and
streets with consequen~ lower construction and future
maintcn~nce costs.
10. Through proper planning and good uniform development control,
the development shall protect property values and meet th~
general public welfDr~ and saE~ty of the citizens of Collier
County.
11. The project will enable nnd encourage compatibility with the
natural nmenities of the environmental as well as pres.~rve and
enhance present advantages.
12. The application of the development plan wili permit
flexibility and feature amenities and excellence in th~ form
of variations in siting, mixed land useS and varied dw~lling
types, ~s well as aouptation to and connerv~ticn of th~
topogr^phy and other naturhl characteristics of the l~nd.
13. With propcr uniform quality large scale development, the
p~oject m~y be~t serve the public int~r~9t with alternnte
mi xed 1 and us~s.
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Agenda Item ~~o. SA
!\Iovember 13. 20
Page 96 of 1
seCTION II
STATEMENT OF INTENT
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It is the p<operty owne<'s intention to continue the development
of a single and multi-family <esidential p<oject with
recreational, commercial, and ~viational facilities, and other
support facilities <equi<ed of a development surrounding a private
air pa<k community, The project was initiated in the ea<ly 1970's
with the development of Single f.mily residenti.l condominium lots
with common f.cilities.
)I:
As paLt of the name property, it :is the intent of The Rookery,
Ltd. to continue to develop a condominium complex consisting of
cluster vill~ges; multi-family residential units1 single family
<esidentiol lots, and vorlcd dwolllng unit types. The units Shall
be center~d around major point6 such as the air park, lakes, pine
and cypress trees, common open spacel tlncl are~s of unique
vcget~tion. There m~y be r~crcational benefits consisting of
jogging tr~ils, para courses, private swimming pools, neighborhood
parks, tennis courts, 4ncl the unique fe~ture of a private ~irpark_
,
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Residents of this project shall be offord~d the oppo<tunity to own
private airplnnes ~nd a single family residential or condominium
unit with the conveniences of nviational, recreational, and
commercial services among a natural scenic Qnvironmental settin9_
The residential development of low-rise multi-family and single
family unit~ 5h~11 demon5trDtc a quality WDY of life for its
residents that will b~ eminently dcsiraable, esthetically
pleasing, ~nd environmentally sound.
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Aoenda Item No. SA
N'ov9lT1ber 13. 2007
Page 97 of 147
SECTION III
PROPERTY OWNERSHIP AND LEGAL DESCRIPTION
3.1. PROPERTY OWNERSHIP'
The subject pcoperty is currently under the control of The
Rookery, Ltd. 706 5th Avenue South, Naples, Florida 33940.
3.2. ~L DESCRIPTION:
The subject property is described as follows:
The east 1/2 of the east 1/2 and:
the north 1/2 of the northwest 1/4 of the northeast 1/4:
the southeast 1/4 of the northwest 1/4 of the northeast 1/4
and;
all bein9 in Section 16, Township 50 South, Range 26 East,
Collier County, Florida.
ALSO LESS the south fifty (50) feet for road right-of-way
~ny-eaBement right-ot-way of public record.
LESS WING SOUTH AIR PARK PRIVATE VILLAS UNIT 1, a
Condominium, according to the Declar~tion of Condominium
recorded in Official Record Book 476, p.ges 304 to 350,
inclusive, Public Records of Collier County, Florida, as
amended.
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.A.'Jenda 11em I\!o, ~.l.\
N~overnber 13, 20Cl
Page 98 of 147
SECTION IV
G~NERAL DEV~LOPM~NT REGULATIONS
4.1. PURPOSE:
The pu,pose of this Section is to .et fo,th the regulations
for development of the p,operty identified on the Master
Development Plan. It is the intent of the project sponsor
to develop multi-family and single family residences in a low
profile silhouette with ample common open space associated
with the conveniences of aviational, recreational, and
commercial Be~vfces.
4.2. PROJECT PLAN AND LAND USE TRACTS:
For the purposes of gros5 residential land use area, the
subject property is +168.1 acre.. The project plan
including street layout and land uses is illustrated in
Exhibit "0", PUD Master Plan, Wilson, Miller, Barton, SolI'
P~eK, Inc., Drawing File No. RZ-S9. The project shall consist
of fIve land use tracts of general area and configuration 8S
nhown in Exhibit ~n".
Tro!!SC'ts A . E - Multi-family Residential + , !J. 3 A.cre-s
Tracts B - Single FamIly Resldenti&l + 3.7 Acres
Tract C - Private Ai, ParK Dist!:'ict + 37.8 ^,cres
T!:'act n - Comme!:'ical + 10.3 Acres
Entrance Drive + 3.0 Acres
Total Area + 168.1 Acres
Assuming favorable economic and market conditions, it is the
project sponsor's intent to complete development of the
p!:'operey within six years.
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Agenda Item No. SA
r,ovember 13. 200-
Page 99 of 14
The total maximum residential units will be 569 units at a
maximum aensity of 3.6 resiaential units per gross acre.
4.3. TRACTS ~ 'E: MULTI-FAMILY RESIDE~TIAL
A. Purpose:
, The purpose of this section is to indicate the lana
~ regulations for the areaa designated on PUD Master Plan as
Tracts ^ and E, Multi-Pamlly Residential.
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D. Permitted Uses and Structures:
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NO buildings or structures, or part thereof, shall be
erected, altered or used, or land used, in whole or par~,
for other than the following:
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1. Permitted Principal Uses and Structur~St
8. Multi-~amily Residences.
b. Common open space, recreational facilities llnd
water man~gement facilities.
c. Nine hole golE courSe with the typical facilities
of a private country club.
2. Permitted ^ccessory Uses and Structures:
a. Customary accessory uses and structures.
;
b. Signs as permitted at time oC permit application.
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c. Airplane hangers and tie downs.
d. Private road, pedestrian and bicycle paths,
boardwalks and cross-walks, jogging and nature
appreciation trails, or other simila, facilities
constructed for purposes of access to o~ passage
through the common aroas.
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e. Lawn or golf course maintenance shop and equipment
storage.
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i\qenda Item No 8..<\
N~ovember 13, 2'0 ,f
Page 100 of 1
C. Maximum Owellinq Units:
^ maximum of sse residential dwelling unit..
O. Minimum Yard Requirements for Principal Structures,
1. Oepth from pcoperty boundary line (35) feet.
2. Depth from edge of sll pdvooe paved coads (25) feet.
3. Minimum distance between any two (2) principal
.tructures on the same parcel shall be fifteen (15)
feet.
4. Minimum distance between a development phas~, or
condominium tract line and ~ny principal structure
sholl be seven and one-half (7.5) feet.
E. Minimum Yard Requirements for ACCessory Structures:
As required by the Collier County zoning Ordinance.
F. Minimum Floor ^rea of Princip~l Structures:
900 Squore feet {or each dwelling unit.
G. Maximum licight of Principal Structure:
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Thr~c (3) living stories above One story of parking with A
ma.ximum height of forty-five (45) feet.
In order to comply with the minimum flood elevation
requirements, the maximum height of a structure shall be
measured from the mInimum base [Jood elevation required by
the Plood Elevutlon Ordinance.
},
H. Minimum Off-Stre~t Parklnq:
Two (2) parking spac~s per residential unit with a minimum
of 1.5 packing spac~s/unit paved and .5 parking space/unit
reserved for paving at a time deem~d to be appropriate by
the County.
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r. Limitation On Signs:
^s permitted by the zoning ordinance in effect at time of
application for building permit.
4.4. TRACT B: SINGLE F^MILY RESIDENTI^L
^. .!:!:!rpos~:
The purpose of this section is to s~t forth the
development pl.n and land regulations for the areas
deslgnnted on PUQ Master Plan as Tract B, S1n91e Famil~
Residential.
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lOOK 015 IAcr 171
Aaenda Item No. 8A
N~ovember 13,
Page 101
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B. Permitted Uses .nd Structures.
NO building or structure, or part thereof, sh.ll be
erected, 81t~red or used, or land used, in whole or part,.'
for other th.n the following.
1. Permitted Principal Uses and Structures,
.. Single Family Residences.
b. Common opell space &: water management facilities.
2. Permitted Accessory Uses and Structures:
a. Customary accessory uses and structures.
b. Recreational uses and facilities.
c. Airplane hangers or tie downs.
C. M~ximum Dwellinq Units:
^ maxlmum of 11 residential dwelling unlts m.y be
constructe-d.
~
D. Minimum Yard_Requirements:
1. Front Yard - 25 feet
2. Side Yard - 7.5 feet
3. Rear 'filrd - 25 feet
4. ^cccssory structure aB required by current zoning
ordindnce.
E. Mlnimum Lot Width:
100 feet.
F. Minimum Lot Area:
12,000 square feet.
G. Minimum Floor ^rea of Principal Structure:
1,200 square feet exclusive of pl'ltio, garll.ge, end/or
airplane hanger.
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AC18ncia Item t\j,J, cA
!'~~ov8mber 13, 2007
Page 102 of 147
H. Maximum Height of P~incipal Structu~es'
Th~ee (3) sto~ies above the finish g~ade of lot or from
the minimum base flood elevation requi~ed by the flood
elevation ordinance.
I. Off-St~eet P'~Kinq Requi~ements:
Two (2) spaces, at least one of which shall be located
within the pe~mitted building a~ea.
J. Landscaping and Buffer:
All buildings, enclosures, or other structures constructed
for purpoS~B of maintenance, sh~ll have ~ppropriate
screening and landscaping.
4.5. TRACT .C., pnlVATS AIR PARK DISTRICT:
^. Purpose:
The Jurpo!>e of this section is to indicate the development
plan and land r~gulations fo~ the areas designated on th~
PUD ::ilBter Plan 0::-1 Tract "C", Private ^ir Park District.
n. Deve:opment Plan:
1. ':'hc primary purpose of this Tract .....ill be to provide
the necQsnary aviAtional support f~cilities to
..ccommod<Jto a private airport. These areas shall be
utilized only in accordance with the provisions
necess~ry to m~intain ~nd operate the private air
pork.
2. Except in are~s to be used for Water impoundment and
prinCipal Or accessory use areas, all natural trees
and other vegetation as butrer snell be protected and
p~ese~ved GO long as such pl.nt life shall not
interfe~e with the cont~ol of al~sp.ce withtn 700 feet
(rom the end of the primaLY runway surface.
C. Uses Permitted:
No buildin9 or structure or part thereot, shall be
erected, altered or used, or land used, in whole or in
part, for other than the fOllowing:
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Agenda Item No. 8A
November 13, 2007
Page 103 of 147
1. Permitted Principal Uses and Structures.
a. ^irport runway and administration building.
b. ^irport hangers, T-hangers, and Airplane tie
downs.
c. Aviational fueling and service shop.
d. ^viational maintenance and service shop.
e. Wate~ management f~cilities.
f. ^ny other similar aviational support facilities
that may be necessary or eompatible with the
operations of a private air park.
2. Permitted Accessory Uses and Structures:
!. Accesaory us~s customarily eseociated with the
uses permitted in this district.
b. Lawn or golf course maintenance shop ~nd equipment
storage.
c. Signs as permitted at time of permit application.
"'"",
D. Minimum Y~rd Requirements:
1, S~tb~ck from edg~ or primnry runway surface - 100
fe~ t.
2. Other structtlres must conform with Betb~cks of the
abutting properties land ~se regulations I however,
they may not be placed within fifty (50) feet of the
primary runway surface.
E. Control of Airspace:
The control of the .irspace within 700 feet from the ends
of the primary runway surface shall be adhered to by the
project sponsor. The cont~ol shall be of such a nature as
to prev~nt any airport hazards from being grown, erected,
or otherwise placed within ~ glide p.th of 20: 1 from the
ends of the primary runway surf~ce.
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Agenda !tmn No. SA
t~ovetT1ber 13. 2007
Page 1040f147
4.6. TRACT "0" - COMMERCII\~
A. Purpose:
The purpose of this Section is to set forth the
development plan and land regolations for the areas
designated on PUD M~ster Plan as Tract "0", Commerci81.
B. Uses Permitted:
No building or structure, or part thereof, shall be
~rected, altered or used, or land used, in whole or part,
for other than the following:
1. Permitted Principal Uses and Structures:
a) Antique shops: art studiosj art supply shops;
aviation fueling facilities without repairsl
avi~tion m~intenance nnd service shop, airplane
hangers and tie-downs, administration building.
bl B^kery shops: b.rber and be.uty shops; b.th supply
8tor~s; bicycle sales and services; blueprint
shops; bookbinders: book: stores; business machine
set"vices.
cl Churches and other places of worship, clothing
atoreSt cocktail lounges; commercial recreation
uses - indoor; commercial schools; confectionery
and candy Stores.
d) Delicatessens; drug sto~es; dry cleonin9 shops,
dry good9 stores: and d=apery shops.
f) Florist Shops.
-11-
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anOK 015 rm175
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Agenda Item No. SA
November 13. 2.007
Page 105 of 14
.-..
p) P~int and wallpaper stores: pet shopst pet supply
shops; photographic equipment stores: pottery
stoces; pcinting: publishing and mineogcaph
service shops; p~ivate clubsJ professional
off ices.
g) Gacden supply stoces - outside displ.y in side .nd
ce.c y.cds, gift shops; goucmet shops.
h) Ilardware stores; health food stores.
i) Ice CreAm stores.
j) Jewelcy sto<es.
1) L.undries - self secvice only, leather goods/
legitimate theatres, liquor stores; locksmiths.
m) Mackets - food and/or meat; medical offices and
clinics; millinery shops: museums: music stores.
oj News stores.
0) Office - gener.l; office supply stores.
-
r) Radio and television 5~le5 and services; research
and design labs; restaurants.
s) Shoe rep~ir; shoe etores; shopping centers,
50uvcni r Btor~s.
t) TaIlor shops, taxiclecmlsts; tile sales - ceramic
tile, tob.cco shops; toy shops; tcopical fish
stor:cs.
u) Upholstccy shops.
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v} Variety shops; vehicle rental - automobile only,
veterinarian offices and clinics - nO outside
Kennels.
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w) Water Management Facilities.
xl watch and p<ecision instcument cepaic shops.
y) Any other commercial UBe or pcofessional service
which is compacable in natuce with the foregoing
uses and which the .oning dicector determines to
be compatible In the district.
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,A,genua Item No. SA
f~ovember 13. 2007
Page 106 of 147
2. Permitted hccessory Uses and Structures:
~, Accessory uses and structures customarily
associated with the principal uses.
b) Caretaker's residence.
c) Signs as permitted at time of permit application.
3. Permitted Uses and Structures:
Subject to Site Plan Approval.
~) Car Nash.
b) Ch lld care center.
c) Commercial recreation - outdoor.
d) Detached residence in conjunction with a business
- one (1) per business.
~) Permitted use with leBo than 1,000 squ~re feet
gross floor are~ in the principal structure.
f) Vehicle rentals.
g) Hotel, motels, and time share facilities.
C. Minimum Lot ^rea: Ten thousand (10,000) square feet.
D. Minimum Lot Width: One Hundred {lCO) feet.
E. Minimum Yard Requirementsl
1. front yord - twenty-five (25) feet.
2. Side yard - none, or a minimum of five (5) feet with
unobstructed passage from front to rear yard.
3. Railr yard - twenty-five (25) feet.
F. Distance Between Structures: Same ilS for Bide yard
setback.
G. Maximum Height of Principal Structure: 45 feet.
H. Minimum Floor lIr~a of Structure: One thousand (1,000)
square feet per bUllding On the ground floor.
I. Maximum Density: Sixteen (16) units pet' aCJ:e for
transient lodging facilities, hotel, motels, and time
share facilities with a maximum floor area of 500 square
reet per unit.
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&Oll 015 ~ACE 177
J
,b.genda Item No. SA
r,ovember 13. 2007
Page 107 of 147
J.
Off-Street PArkini Re1uirementsl
zoning ordinAnce n e fect at the
permit .
As required by the
time of building
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Aoenda Hem r'~o. SA
r~~ov0mber "i 3. 2007
Page 108 of 147
SECTION V
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GENERAL DEVELOPMENT COMMITI1ENTS
5.1. PURPOSE,
The purpose of this Section is to set forth the standards for
development of the project.
5.2. P.U.D. MASTER PLAN:
A. The PUD Master Plan (Wilson, Miller, Barton, 5011 & Peek,
Inc. Drllwing File No. RZ-59, Sheet 1 of 2), is an
illustrative preliminary development plan.
D. The design criteria and layout illustrated on the Master
Plnn Bhbll be unde~stood uS flexible 90 th~t, the final
design may satisfy the project and comply with all
appl icoble rc-quirements.
C. ^ll necc~sary casements, dedications, or other instrumento
shall be gr~ntcd to insure the continued operation lInd
maintenance of all service utilities.
D. Minor design changes shall be permitted subject to st.ff
l5pproval.
E. Overall cite design Bhnll be hllrmonioua 1n terms of
landscaping, enclosure of structure, locations of all
improved facilities, and Yocation and treatment of buffer
areas.
f. To protect the tntegrlty of the Planned Unit Development,
residential neighborhood, the only access ro.d shsll be
the private road as shown on the Master Pl~n with an
exception for temporary construction ra.ds.
G. Areas illust~ated as "lakes" shall be constructed lakes,
or upon approval, parts thereof m~y be green areas in
~hich as much natural foli'ge as practlc.l shall be
preserved. Such ~rcas, lakes and/or natural green areas,
shall be of general area and configuration as shown on the
Master Plan.
-15-
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Agenda Item No. SA
November 13. 2007
Page 109 of 147
H. Wetland subzones 'A-I, A-2, A-], a-I. C-l, E-l and E-2"
(Wilson, Miller, Barton, SolI , Peek, Inc. Drawing File
no. RZ-59, Sheet 2 of 2), are illustrative tubzones and
will be conserved as much as practicable as storm water
mana~ement/open space aress. These areas will be flagged
for protection, prior to development.
5.4. WATER MANAGEMENT:
A. Detailed water management construction plans shall be
submitted to and approved by the County Engineer prior to
commencoment of any construction.
B. Appropriate easements to be granted to Collier County for
maintenance of perimeter 9wale system.
5.5. SOLID WASTE DISPOSAL:
Such arrangement and Dgreements as necessary shall be made
with an approved .olid waste disposal service to provide for
solid waste collection service to ~ll areas of the project.
5.6. RECREATION FACILITIES:
^ minimum of three swimming pools and three tennis cou~ts
511al1 be constructed by the project sponsor.
^dditional recreational facilities may be constructed by the
futurQ residents of this project.
5.7. TRAFFIC:
A. The project aponsor will provide to the appropriate
governmental a~ency, an additional right-of-way of 17.5
feet alan~ the .outh property boundary line for future
road widening of R~ttlesn<1ka lIammock Road.
B. The project sponsor agree. to construct 8 right 8nd left
turn stol"'age ll\ne on Rattlesnake IItlmrnock ROAd for traffic
entering ShadowWood and to pay his proportionate share of
the costs of a traffic .ignal 8t the project entr8nce when
<equlred by the appropriate government81 8gency.
C. A sidwalk shall be constructed on one side of the main
entrance road into the project.
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MOX 015 lACE 180
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Agenda item i'.io. SA
NO~9a~~e{ 110';}~~;' ,
5.8. UTILITIES,
A. A cent~al water supply system shall be made available to
all areas of the project. The wate~ supply SOurce fo~ the
project shall be the County system.
E. All areas of the p~oject shall be se~ved by a central
wastewater collection system and by an existing off-site
waste water treatment plant. The existing plant shall be
expanded as may be needed to me~t the anticipat~d
demands.
Plans and D.E,R. pe~mit applications fo~ the sewage
t~eatment plant shall be submitted to the Utility
Division.
C. The project sponsor agrees to comply with all applicable
County laws and o~dinances governing utility provisions
and facllitl~s.
D. Telephone, power and T.V. cable service shall be made
available to all r~sidential ar~as. All such utility
lines shall be installed underground.
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Agenda Item No. 8A
November 13,2007
Page 1 i3 of 147
'.
ORDINANCE 82 - -A2-
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AN ORDINANCE AMENDING ORDINANCE 82-2
THE COMPREHENSIVE ZONING REGULATIONS
FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA BY AMENDING THE ZONING
ATLAS MAP NUMBER 50-26-5 BY CHANGING
THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM A-2, RSF-4
& C-4 TO PUD PLANNED UNIT DEVELOPMENT
FOR "SHADOWWOOD" LOCATED AT WING SOUTH
AIR PARK; AND BY PROVIDING AN EFFECTIVE
DATE.
WHEREAS. The Rookery. Ltd. petitioned the Board of
County Commi5sioner~ to change the Zoning Classification
of the herein described real property;
NOW. THEREFORE BE IT ORDAINED by the Board of County
Comm15510ners of Collier County, Florida:
Section One:
The Zoning Classification of the herein described
real property located in Section 16, Township 50 South, Rsnlle
26 East, Collier County. Florida is chenlled from"A-2, RSF-4 &
C-4"to "PUD" Pl<'inned .Unlt Development in accordance with the
PUD document attached hereto as Exhlbit "A" which 1s incorporated
herein and by reference made a part hereof. The Official Zoning
Atlas Map Number. Number 50-26-5, as deecribed in Ordinance 82-2,
1S hereby amended accordingly.
Section Two:
,., Thi.s::,Ordinance shall become effective upon receipt of
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'Iqenda item r,o SA
N~ovember 13, 2007
Page '114 of 147
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notice that it has been filed with the Secretary of State.
DATE: July 13, 1982
BOARD or COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
,.~,//
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BY: C k (:J~
C. R. "RUSS" WIMER, CHAIRMAN
STATE OF FLORIDA
cou:m' OF COLLiER )
I, WILLlA.'1 J. RE.A.GA.~, Clerk of Courts in and for the Twentieth
Judicial Circuit, Collier County, Florida, do hereby certify that the
foregoing is a true original of:
ORDI~\~CE NO. 82-49
.-hich ",as adopted by the Board of COlmty Corrmi<<ioner< during negu1ar
Session July 13, 1982.
Inn.1,SS my hand and the official seal of the Board of County Com-
mis~ioners of Collier County, Florida, this 13th day of July, 1982.
WILLlA" J. PEAGi\N
Clerk of Courts and Clerk
Ex-officio to Board of
County Corrmissioners
~~
By 'I . ~ .
VI rpn . agn, ~~u r _
This onHnancc
July, 1982 and
July, 1982.
filed with the' Secretor)' of Stntc's office the 26th day of
acknOk'ledgcment of thllt filing received this 28th dny of
Ry: ~:. ..~
Vl T~ln f "'gn, put)'. or
MOK 015 PAcdB.2
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Shadolo!Wood
PLANNED UNIT DEVELOPMENT
Located in Section 16
Township 50 South, Range 26 East
PREPARED BY:
WILSON, MILLER, BARTON, SOLL & PEEK, INC.
1363 Airport Road North
Naples, Florida 33942
DATE ISSUED
DATE APPROVED BY CAPC
DATE APPROVED BY BCC
ORDINANCE NUMBER:
MO! 015 PAcr16)
6-24-82
6-17-82
7-13-82
82.49
Agenda Item No.
November 13, 2
Page 115 of
,A.,qencja Item [\)0 8.,6,
November 13. 2007
Page 115 or 147
TABLE OF CONTENTS
PAGE
SECTION I
STATEMENT OF COMPLIANCE
1-2
SECTION II
STATEMENT OF INTENT
3
SECTION I II
PROPERTY OWNERSHIP AND LEGAL DESCRIPTION
4
SECTION IV
GENERAL DEVELOPMENT REGULATIONS
5-14
TRACTS A & E- MULTI-PAMILY RESIDENTIAL
TRACT B - SINGLE FAMILY RESIDENTIAL
TRACT C - PRIVATE AIR PARK DISTRICT
TRACT D - COMMERCIM,
SECTION V
GENERAL DEVELOPMENT COMMITMENTS
lS-16
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Agenda Item No.8
November 13, 200
Page 117 of 14
SECTION I
STATEMENT OF COMPLIANCE
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The purpose of this section is to express the intent of The
Rookery, Ltd., 706 5th ~venue South, Naples, Florida to develop
+168.1 acres of land located in Section 16, Township 50 South,
Range 26 East, Collier County, Florida. The name of this proposal
development shall hence forth be know os ShadowWood,
The development of ShadowWood as a Planned Unit Development will
be in compliance with the planning goals and objectives of Collier
County as set forth in the Comprehensive Plan. The residential
development with associated recreational and private aviational
facilities will be consistent with the growth policies and land
development regulations oE the Comprehensive Plan Land Use Element
and other applicable documents for the following reasons.
,. The 5ubj0Ct property ha~ the nec~s5ary rating points to
determine avail<1.bility of J.(l~qlldte community f,~cilities and
6C'fvices.
2. The project development ~s compattble with and complimentary
to the 5~rrounding land uses.
3. The subject property will provide a vegetative buffer between
the property and Rattle5n,ke Hammock Road, che surrounding
vacant Idnds, and the single family residential units to the
west.
4. The development shall consist primarily of multi-family
residenti,l clusters and sh,ll thereby provide more common
open space.
5. The development shall utilize natural systems for water
management such as the cypress, willow, lower wetland areas,
and natural drainage courses.
6. The development shall promote the maintenance of the
residential neighborhood and be aesthetically pleasing and
functionally efficient.
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Aaenda Item !'~o SA
N~ovember 13. 20C?
Page 118 of 1,:17
7. The number of egress and ingress points shall be limited to
minimize the impact upon the traffic flow along Rattlesnake
Hammock: Road.
8. The development is complimentary to and consistent with the
Collier County Comprehensive Plan Land Use ~lement.
9. The land may be used more efficiently, and made more
desireable resulting in a smaller network of utilities and
streets with consequent lower construction and future
m~intcnance costs.
10. Through proper planning and good uniform development control,
the development shall protect property values and meet th?
general public welfare and safety of the citizens of Collier
County.
11. The project will enable nnd encour~ge compatibility with the
natural amenities of the environment~l as well as pres.~rve and
enhance present advantDges.
12. The applicatIon of the development plan will permit
flexibility and feature amenittes and excellence in th~ form
of variations in sitin~, mixed l~nd uses and varied dw~lling
types, as well as aoaptation to and conservJtion of thu
topography and other natural characteristics of the land.
13. With proper uniform quality large scale development, the
project m~y be.t serve the public interest with alternate
mixed li3nd us~s.
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~O~! 015 pm 166
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i\genda Item NO.8
Hovember 13. 200
Page 119 of 14
SECTION II
ST~TEMENT OF INTENT
~
It is the property owner's intention to continue the development
of a single and multi-family residential project with
recreational, commerciaL and aviational facilities, and other
support facilities required of a development surrounding a private
air park community. The project was initiated in the early 1970's
with the development of single family residential condominium lots
with common facilities.
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~s part of the same property, it is the intent of The Rookery,
Ltd. to continue to develop a condominium complex consisting of
cluster villages; multi-family residential units; single family
residential lots: and varied dwelling unit types, The units shall
be centered around major points such as the air park, lakes, pine
and cypress trees, common open space, ana ~reJ:s of unique
vcgct~tion. There mJY be r~crcational benefits consisting of
jogging troi is, para courses, private swimming pools, neighborhood
parks, tennin courts, nnd the unique feature of a priv~te airpark.
Residents of this project shall be afforded the opportunity to own
private airplanes and 3 single family residential or condominium
unit with the conveniences of aviationnl, recreational, and
commercial 5~rvices among a natural scenic environmental setting_
The residential development of low-rise multi-family and single
family units shall demonAtrate Q quality wny of life for its
residents th~t will be eminently d~sireable, esthetically
pleasing, and environmentally sound.
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,4qenda item No SA
I,Jov'?rnber ": 3, 2C)()7
Page 120 or 1,::7
SECTION III
PROPERTY OWNERSHIP AND LEGAL DESCRIPTION
3.1. PROPERTY OWNERSHIP:
The subject property is currently under the control of The
Rookery, Ltd. 706 5th Avenue South, Naples, Florida 33940.
3.2. LEGAL DESCRIPTION:
The subject prope~ty is described as follows:
The east 1/2 of the cast 1/2 and;
the north 1/2 of the northwest 1/4 of the northeast 1/4;
the southeast 1/4 of the northwest 1/4 of the northeast 1/4
and;
all being in Section 16, Township 50 South, Range 26 East,
ColI ier County, F'lorida.
ALSO LESS the south fifty (50) feet for road right-of-way
and any-casement right-of-way of public record.
LESS HING SOUTH AIR PARK PRIVATE VILLAS UNI'r 1, a
Condominium, according to the Declaration of Condominium
recorded in Official Record Book 476, pages 304 to 350,
inclusive, Public Records of Collier County, Florida, as
amended.
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&OlK 015 PAGE 168
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Aoenda Item 1-.10. 8A
N~ovember 13. 2007
Page 121 of147
SECTION IV
GENERAL DEVELOPMENT REGULATIONS
4,1. PURPOSE,
The purpose of this Section is to set forth the regulations
for development of the property identified on the Master
Development Plan, It is the intent of the project sponsor
to develop multi-family and single family residences in a low
profile silhouette with ample common open space associated
with the conveniences of sviational, recreational, and
commercial services.
4.2. PRCJECT PLIIN AND [,IIND USE TRACTS:
... ..-
For the purposes of gross residential land' use area, the
subject property is +166.1 acres. The project plan
including street lnyouo and land uses is illustrated in
Exhibit "B~, PUD Master Plan, Wilson, Miller, Barton, SoIl'
Peek, Inc., Drawing rile No. RZ-S9, The project shall consist
of five land use tracts of general ares and configuration as
nhown in Exhibit "D",
Tracts II [, E - Mulll-fomily Residential + 113.3 Acres
Tracts n - Single Fami ly Residential + 3.7 Acres
Tract C - privnte lIir park District + 37.8 Acres
Tract [) - Commcrical + 10.3 Acres
Entrance o rl ve + 3.0 Acres
Total Area + 168.1 Acres
Assuming favorable economic
project sponsor's intent to
property within six years.
and market conditions, it is the
complete development of the
-5-
~O~i 015 pm 169
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"qenda Item No SA
r\Tovember' 13, 2'007
Page 122 of 147
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The total maximum residential units will be 569 units at a
maximum density of 3.6 residential units per gross acre.
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4.3. TRACTS A & E: MULTI-FAMILY RESIDENTIAL
l\. Purpose:
The purpose of this section is to indicate the land
regulations for the areas designated on PUD Master Plan as
Tracts ^ and 0, Multi-family Residential.
,~, ;
D. Permitted Uses and Structures:
JJ'
1':
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No buildings or structures, or part thereof, shall be
erected, altered or used, or land used, in whole or part,
for other than the following:
1. Permitted Principal Uses and Structures:
a. Mul~i-raml1y Residences.
b. Common open sp!ce, recreational facilities and
water man~gement f~cilities.
c. Nlne hole golf course with the typical facilities
of a private country club.
'k
2. Permitted Accessory Uses and Structures:
a.
b.
c.
d.
,
.'.
Customary accessory usas and structures.
Signs as permitted at time of permit application.
^irplane hangers and tie downs.
Private road, pedestrian and bicycle paths,
boardwalks and cross-walks, jogging and nature
appreciation trails, or other similar facilities
constructed for purposes of access to Or passage
through the common areas.
e. Lawn or golf course maintenance shop and equipment
storage.
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Agenda Item No. SA
November 13. 2007
Page 123 of 147
c. Maximum Dwelling Unite:
A maximum of 558 residential dwelling units.
D. Minimum vard Requirements for Principal Structures:
I. Depth from property boundary line (35) feet.
2. Depth from edge of all private paved roads (25) feet.
3. Minimum distance be~ween any two (2) principal
s~ructures on the same parcel shall be fifteen (15)
fee~.
4. Minimum dis~ance between a development phase, or
condominium tract line and any principal structure
shall be seven and one-half (7.5) feet.
E. Minimum Yard Requirements for Accessory Structures:
AS required by the Collier County Zoning Ordinance.
F. Minim~m Floor Area of Principal Structures:
900 Square feet for each dwelling unit.
G. Maximum lteiqht of Principal Structure:
Three (3) living s~ories above one s~ory of parking with a
maximum heigh~ of forty-five (45) feet.
;,
In order to comply with the minimum flood elevation
requirements, the maximum height of a structure shall be
measured from the minimum base flood elevation required by
the Flood Elevation Ordinance.
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H. Minimum Off-Street Parking:
Two (2) parking spaces per residential unit with a minimum
of 1.5 parking spaces/unit paved and .5 parking space/unit
reserved for paving at a time deemed to be appropriate by
the County.
I. Limitation On Signs:
As permitted by the zoning ordinance in effect at time of
application for building permit.
4.4. TRACT B: SINGLE FAMILY RESIDENTIAL
A. ~rpose:
The purpose of this section is to set forth the
development plan and land regulations for the areas
designated on PUD Master plan as Tract B, Single Family
Residential.
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MOK 015 PAGEl71
Aoenda Item f\j
N~")\jernber 13,
Page 124 of
B. Permitted Uses and Structures:
No building or structure, or part thereof, shall be
erected, altered or used, or land used, in whole or part,
for other than the following:
1. Permitted Principal Uses and Structures:
a. Single Family Residences.
b. Common Opel) space & w~ter management facilities.
2. Permitted Accessory Uses and Structures:
B. Customary accessory uses and structures.
b. Recreational uses and facilities.
c. Airplane ~angerg or tie downs.
C. Maximum Dwcllinq Units:
A maximum of 11 residential dwelling units may be
constructed.
D. Minimum Yard_~equirements:
1. Front Yard - 25 feet
2. Side Yard - 7.5 feet
3. Rear Yard - 25 feet
4. Accessory structure as ~equi~ed by current zoning
ordinance.
E. Minimum Lot Width:
100 feet.
r. Minimum Lot Area:
12,000 square feet.
C. Minimum Floor Area of Princip~l Structure:
1,200 square feet exclusive of patio, garage, and/or
airplane hanger.
-8-
~DO( 015 lACE 17 ~
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Aqenda Item No. SA
N-ovember 13. 2007
Page 125 of 147
H. Maximum Height of Principal Structures:
Three (3) stories above the finish grade of lot or from
the minimum base flood elevation required by the flood
elevation ordinance.
I. Off-Street Parking Requirements:
Two (2) spaces, at least one of which shall be located
within the permitted building area.
J. Landsc~pinq and Buffer:
All buildings, enclosures, or other structures constructed
for purpose5 of maintenance, shall have appropriate
screening ~nd landscapinqa
4.5. TRACT "Co: PRIVATE AIR PARK DISTRICT:
^. PurnOse:
The Jurpo!;(> of this section is to indicate the development
plan ~nd l~nd regulations for the areas designated on the
PUD ':llster Pla.n D.~ Tract "e" I Private Air Park District.
R. Dcve:opment Plan:
1. ':'hc primary purpose of this Tract will be to provide
the necosoary aviational support facilities to
..ccommodntc a private airport. These are~s shall be
utilized only in accordance with the provisions
necessary to maintain ~nd operate the private air
park.
2. Except in areas to be used for water impoundment and
principal or accessory use areas, all natural trees
and other vegetation as butter shall be protected and
preserved GO long as such plant life shall not
interfere with the control oE airspace within 700 feet
from the end oE the primary runway surface.
C. Uses Permitted:
No building or structure or part thereof, shall be
erected, altered or used, or land used, in whole or in
part, for other than the following:
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~oo~ 015 rm11J
Agenda Item I~o. SA
November 13. 2007
Page '!2E of 147
~
,. Permitted Principal Uses and Structures:
a. ^irport runway and administration building.
b. ^irport hangers, T-hangers, and Airplane tie
downs.
c. Aviational fueling nnd service shop.
d. ^viational maintenance and service shop.
e. Water management f~cilitieB.
f. ~ny other similar aviational support facilities
that may be necessary or compatible with the
operations of a private air park.
2. Permitted Accessory Uses and Structures:
a. Accesnory us~s customarily ~ssociated with the
uses permitterl in this district.
b. Lawn or golf course maintcnanc~ shop and equipment
storage-.
c. Signs as permitted at time of permit application.
D. Minimum Yard Requirements:
,. S-:tbLlck from cd3~ of pt"irnllry runway surface - 100
fe~t .
2. Other structur~s must conform with setbacks of the
abutting properties land use regulations; however,
they may not be plnced within fifty (50) feet of the
primary runway surface.
E. Control of Airspace:
The control of the airspace within 700 feet from the ends
of the primary runway surface shall be adhered to by the
project sponsor. The control shall be of such a nature as
to prevent any airport hazards from being grown, erected,
or otherwise placed within u glide path of 20: 1 from the
ends of the primary runway surface.
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Agenda Ilem No. SA
N-ovember 13. 2007
Page 12701147
4.6. TRACT "0" - COMMERCIAL
A. Purpose:
The purpose of this Section is to set forth the
development plan and land regulations for the areas
designated on PUD Master Plan as Tract "0", Commercial.
B. Uses Permitted:
No building or structure~ or part thereof, shall be
~rected, altered or used, or land used, in whole or part,
for ot~er than the following:
1. Permitted Prcncipal Uses and Structures:
a) ~ntique shops~ art studios, art supply shops;
aviation fueling facilities without repairs;
aviation maintenance and service shop, airplane
hangers and tie-downs, ~dministration building.
bl Bakery shops; barber and beauty shops; bath supply
BtorC'5i bicycle sales and services; blueprint
shops; bookbinders; book stores; business machine
ser.... ices.
c) Churches and other plac~s of worship; clothing
stores~ cocktail lounges; commercial recreation
uses - indoor; commercial Bchools; confectionery
and candy stores.
d) Delicatessens; drug stores; dry cleaning shops;
dry goodS stores; and drapery shops.
fl Florist Shops.
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AQcnc:a Item r"-Jo. SA.
i\joVeJTlber 'i3. 2007
123of147
g) Garden supply stores - outside display in side and
rear yards; gift shops; gourmet shops.
h) Ilardware stores; health food stores.
i) Ice Credm stores.
jl Je>lelry stores.
1) Laundries - self service only; leather goods;
legitimate theatres; liquor stores; locksmiths.
m) Markets - food and/or meat; medical offices and
clinics; mi 11inery shops; :nusellms; music stores.
n) ~Je"'lS r;!:.()=0f:~,
0) Office - gen~~a:: office supply stores.
p) ?~int dna wallpape~ stores; pet shops: pet supply
~hops: photographic equipment stores; pottery
stores; printing; publishing end mineograpM
se::-vlcC' !'>hop!J; pr-ivate- clubs; professional
() f f ices.
r) Radio ~no television s~les und services; resoarch
and design labs; r~staurants.
s) Shoe- r-epJ.ir; shoe .stores; shopping centers;
souvenir stores.
t) Tailor zhops; taxidermists; tile sales - ceramic
tll e; tobacco shops; toy shops; t ropi cal fish
stores.
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Upholstery shops.
Variety shops; vehicle rental - automobile only;
veterinarian offices and clinics - no outside
kennels.
Water Management Facilities.
Watch and precision instrument repair shops.
Any other commercial use or professional service
which is comparable in nature with the foregoing
uses and which th~ zoning director determines to
be compatible in the district.
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~OOl 015 PAcr 176
Agenda Item I~o. 8A
N"ovember 13. 2007
Page 129 of 147
2. Permitted Accessory Uses and Structures:
al Accessory uses and structures customarily
associated with the principal uses.
bl caretaker's residence.
c) Signs as permitted at time of permit application.
3. Permitted Uses nnd Structures:
Subject to Site Plan Approval.
al Car Hash.
bl Child care center.
c) Commercial recreation - outdoor.
dl Detached resid~nce in conjunction with a business
- one (1) per business.
e) Permitted use with les!1 th~n 1,000 square feet.
groBs floor are~ in the principal structure.
f) Vehicle rentals.
g) llotel, motels, and time share facilities.
C. Minimum Lot ,\rea: Ten thousand (10,000) square feet.
D. Minimum Lot Width: One llundred (100) feet.
E. Minimum Y~rd Requiramentsl
1. Pront yard - twenty-five (25) feet.
2. Side yard - none, or a minimum of five (5) feet with
unobstructed pa59age from front to rear yard.
3. Renr yard - twenty-five (25) feet.
P. Oistonce Between Structures: Same.s for side yard
setback.
G. Maximum Height of Principal Structure: 4S feet.
H. Minimum Floor Area of Structure: One thousand (' ,000)
squnre feet per buildlng on the ground floor.
I. Maximum Density: Sixteen (16) units per acre for
tranSIent lodgIng facilities, hotel, motels, and time
share facilities with a maximum floor area of 500 squdre
feet per unit.
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bOOK 015 'ACti77
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,ii,08nca !terTI !'Jo 8A
t"oovember 13, 2007
Pc"ge '130 of i 47
Off-St~eet Pa~kin9 Reiui~ements:
zoning o~dlnance 1n e fect at the
permi t.
As ~equired by the
time of building
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MO! 015 PACE 178
.',oenda Ilem No 8A
NClvernber 13. 2007
Page 131 of 147
SECTION V
GENERAL DEVELOPMENT COMMITl1ENTS
5.1. PURPOSE:
The purpose of this Section is to set forth the standards for
development of the project.
5.2. P.U.D. MASTER PLAN:
A. The PUD Master Plan (Wilson, Miller, Barton, 5011 & Peek,
Inc. Drawing File No. RZ-S9, Sheet 1 of 2), is an
illustrative preliminary developmant plan.
B. The design crit~ria and layout illustrated on the Master
Plon shall be understood os flexible so that, the final
design may sotisfy the project and comply with all
applicable requirements.
c. ^ll necessary c~5cment5, dedications, or other instrumentG
shall be grontcd to insure the continued operation and
maintenance of oIl service utilities.
D. Minor design changes sholl be permitted subject to staff
approval.
E. Overall site design aholl be harmonious in terms of
landscoping, enclosure of structure, locations of all
improved facilities, and location and treatment of buffer
areas.
F. To protect the integrity of the Planned Unit Development,
residential neighborhood, the only access road shall be
the pcivate road as shown on the Master Plan with an
exception for temporary constructiOn roads.
G. Areas illustrated as "lakes" shall be constructed lakes,
or upon approval, parts thereof may be green areas in
which as much natural foliage as practical shall be
preserved. Such areos, lakes and/or natural green areas,
shall be of general area and configuration as shown On the
Master Plon.
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.L.qenda item No. SA J
r~()vernber 13. 2007
Pagei32of147 .
II. Hetland sub.ones ".'1-1, .'1-2, A-3, B-1, C-l, E-l and E-2"
(IHlson, Miller, Barton, Soll , Peek, Inc. Drawing File
No. HZ-59, Sheet 2 of 2), are illustrative Subzones and
will be conserved as much as practicable as storm water
management/open space areas. These areas will be flagged
for protection, prior to development.
5.4. WATER MANAGEMENT:
A. Detailed water management construction plans shall be
submitted to and approved by the County Engineer prior to
commencement of any constLuction.
B. Appropriate easements to be granted to Collier County for
maintenance of perimeter sw~le system.
5.5. SO~ID WASTE DISPOSAL:
Such arrangement and agreements as necessary shall be made
with an approved solid waste disposal service to provide for
solid waste col1~ction service to all areas of the project.
5.6. RECREATION fACIL:TIES:
^ minimum of three swimming pools and three tennis cou~ts
s~)~ll be constru:ted by the project sponsor.
Additional rccreRtional facilities may be constructed by the
future residents of this project.
5.7. TRAFPIC:
A. Thc projcct sponsor will provide to the appropriate
governmental agency, an additional right-of-way of 17.5
fect along the south propcrty boundary line for future
t"cad widening of Rattlesnake Ilam.moc}~ Road.
D. Thc projcct sponsor agrces to construct a right and left
turn storage l~ne on Rattlesnake lIarnrnock Hoad for traffic
entering ShadowHood and to pay hts proportionate share of
the costs of a traffic signal at the p~oject entrance when
required by the appropriate governmental agency.
C. ^ sidwalk shall be constructed on one side of the main
entrance road into the project.
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~OOI 015 pm 180
Agenda Item No. SA
r~overnber 13, 2007
Page 133 of 147
S.B. UTILITIES:
A. A central water supply system shall be made available to
all areas of the project. The water supply source for the
project shall be the County system.
E. All areas of the project shall be served by a central
wastewater collection system and by an existing off-site
waste water treatment plant. The existing plant shall be
expanded as may be needed to meet the anticipated
demands.
Plans and D.E.R. permit applications for the sewage
treatment plant shall be submitted to the Utility
Division.
C. The project sponsor agrees to comply with all applicable
County laws and ordinances governing utility provisions
and facilities.
D. Telephone, power and T.V. cable service shall be made
available to all residential areas. All such utility
lines shall be installed underground.
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Fi;:;,:O':' -:,}6 fjf 147
PUDA-2007-AR-11283' .- REV: 2
Project: 19990174
Date: 6111107 DUE: 7110107
TRIP GENERATION REPORT
FOR
SHADOWWOOD PUD AMENDMENT
Prepared for:
Wing South, [ne.
Prepared by:
Q. GRADY MINOR & ASSOCIATES, P.A.
CIVIL ENGINEERS. LAND SURVEYORS. PLANNERS
3800 Via Del Rey
Bonita Springs, Florida 34134
(239) 947-Il44
DECEMBER 2006
Revised June 6, 2007
,>-
. C. Dean Smith, P.E.
FL 44147
G:\PROJ. PU\NNING DOCS\WSPl - SHADOW WOOD PUD\TIS\WSPlTIS.DOC
WSPI
/2..oenda Item 1\;0. 3ft.
!\Jovember 13, 2007
Page 137 of 147
Table of Contents
Table of Contents ...................................................................................................................................i
List of Figures and Tables.....................................................................................................................i
INTRODUCTION................................................................................................................................1
SCOPE................................................................................................................................................... 1
TRIP GENERA TION...........................................................................................................................1
DISCUSSION.......................................................................................................................................1
List of Figures and Tables
T ABLE 1.................................................................................................................................................. 2
TABLE 2................................................................................................................................................2
TABLE 3................................................................................................................................................. 3
TABLE 4................................................................................................................................................ 3
TABLE 5................................................................................................................................................ 4
TABLE 6.................................................................................... ............................................................4
TABLE 7................................................................................................................................................ 5
TABLE 8................................................................................................................................................ 5
TABLE 9................................................................................................................................................ 6
TABLE 10.............................................................................................................................................. 6
TABLE I I..............................................................................................................................................7
TABLE 12..............................................................................................................................................7
FIGURE 1.............................................................................................................................................8
FIGURE 2 ............................................................................................................................................. 9
FIGURE 3 ...........................................................................................................................................10
FIGURE 4 ...........................................................................................................................................11
1
t.qenda IIsm No. E!A
i'~ovemb2r '13, 20U7
Page "138 of 14?
SHADOWWOOD PUD AMENDMENT
INTRODUCTION
The proposed Shadowwood PUD Amendment is for a l.Y8 acre swap from Tract C, Private Air Park, to
Tract B, Single Family Residential. The proposed change would result in an increase in permitted
single family residences from]] to 16. The existing 558 multi-family units will remain unchanged.
The project is located on the north side of Rattlesnake-Hammock Road, approximately] mile west of
Collier Boulevard in Section 16. Township 50 South, Range 26 East, Collier County, Florida.
SCOPE
The following analyses are included in this report:
]. Trip Generation Calculations (at buildout) presented for Peak Season Daily Tr~;;==1
(PSDT) including the respective peak hour volumes. 'UL II
2. Trip Distribution to surrounding roadway network.
3. Projected 2012 Traffic and Level of Service.
TRIP GENERATION
The 7th Edition Trip Generation published by the Institute of Transportation Engineers CITE) is used for
trip generation calculations provided in this report. Please refer to Tables 1-12.
The trip generation for the previously approved use is estimated to be 2,904 daily trips, 22] trip ends
during the AM peak hour and 26] trip ends during the PM peak hour. The trip generation for the
project including the proposed use is estimated to be 2,961 daily trips, 225 trip ends during the AM
peak hour and 267 trip ends during the PM peak hour. This results in a net increase in trip
generation of 57 daily trips, 4 trip ends during the AM peak hour and 6 trip ends during the PM
peak hour for the proposed project.
DISCUSSION
Figures I through 4 summarize the projects impact on the adjacent roadway network. The projected
background traffic volumes for Rattlesnake-Hanunock Road were based on a growth rate of 4%. This
,,'Towth rate was based on the growth on Rattlesnake-Hanunock Road east of County Barn Road since
the segment adjacent to the project entrance was not counted due to construction. The project traffic is
far less than 0.1 % ofthe service volume on the roadway. The project impacts are not significant on the
surrounding roadway network.
G,IPROJ, PLANNING DOCS\WSPI - SHADOW WOOD PlJDlTlS\WSPITIS.DOC
WSPl
l\osnda Item No _ SA
I\TovemtJer 13. 2007
Pagq>1ig'/,q A7
Table 1
TOTAL DAILY PROJECT TRIP GENERATION
PREVIOUSLY APPROVED SUBDlVISON USE
MULTI-
F AMIL Y
SINGLE
FAMILY
210
Ln(T) = .85 Ln(X) + 2.55
J__:~~O= .92 Ln(~) + 2.71
TOTAL INCLUDING PROPOSED USES
558 DU
2,768
230
J1 DU
136
MULTI-
FAMILY
~.__.
SINGLE
I FAMILY
230
2JO
558 DU Ln(T) = .85 Ln(X) + 2.55 2,768
-~;:~~- ~1~T)-=-92~.;;(X) I- 2;- --193 .-1
__ __~___ ______________________ .L_~__.______..J
NET NEW TRIPS F'OR PROPOSED USES
Table 2
ENTER/EXIT BREAKDOWN OF' DAILY TRIPS
PREVIOUSLY APPROVED SUBDIVISION USE
MULTI-FAMILY
SINGLE FAMILY
MULTI-FAMILY
SINGLE FAMILY
J\ger.aa item f\;o~ SA
r'<JQvernoer "1.3, 2007
p;::t('rn1 ,~:-1 ''If '1.:~7
-'~lTa-ge':y ; .1
Table 3
TOTAL DAILY EXTERNAL PROJECT TRIPS
PREVIOUSLY APPROVED SUBDIVISION USE
MULTI-FAMILY
SINGLE FAMILY
MULTI-FAMILY
SINGLE F AMIL Y
2,768
~~--_._.~------
NET NEW TRIPS FOR PROPOSED USES
57 I 0%
- --- -.--.. _._,__,_~~_L~_____-----,--___
Table 4
TOTAL DAILY EXTER,"'AL NON-I'ASS BY PROJECT TRIPS
PREVIOUSLY APPROVED SUBDIVISION USE
MULTI-FAMILY
SINGLE FAMILY
TOTAL INCLUDING PROPOSED USES
-,
MULTI-FAMILY
SINGLE FAMILY
Agenda \tern hLJ. iJA
I\iovemt,er ': 3, 20UT
POQfn~ 4.~ -f ~~,-
, c,~ rage \4 ,', I
Table 5
TOTAL AM PEAK HOUR PROJECT TRIP GENERATION
PREVIOUSLY APPROVED SUBDIVISON USE
MULTI-
FAMILY
SINGLE
F AMIL Y
230
558 DU
Ln(T) = .8 Ln(X) + .26
204
210
IIDU
T = .7(X) + 9.43
17
~.,_.~._-~-~-'- -------~._"--_._-~_._---_.
TOTAL INCLUDING PROPOSED USES
MULTI-
1_ FAMILY
I SINGLE
I FAMILY
~___t_
230
, 558 DU Ln(T) = .8 Ln(X) + .26 204
~-----------"---I'-----~--------'----------~-~---
I 16DU T=.7(X) +9.43 21
_._.__~,__... ______...,.____._._...._._________._._____n____._..____..._._________._._______ ..._______MW____._._,_,_________._..__~'_~_._.___
210
NET NEW TRIPS FOR PROPOSED USES
Table 6
ENTER/EXIT BREAKDOWN OF TRIPS DURING AM PEAK HOUR
PREVIOUSLY APPROVED SUBDIVISION USE
MULTI-FAMILY
SINGLE FAMILY
TOTAL INCLUDING PROPOSED USES
MULTI-FAMILY
SINGLE FAMILY
/:"penda !ISm I\J:). 2J'.,
i"JoV,:,?:nl0sr i 3. 2UU7
P"g'P1{g~::5'47
Table 7
TOTAL AM PEAK HOUR EXTERNAL PROJECT TRIPS
PREVIOUSLY APPROVED SUBDIVISION USE
MULTI-F AMIL Y
SINGLE FAMILY
MULTI-FAMILY
SINGLE FAMILY
204 0% 204
___ 21 -____J__Jl~_____ ~___~__
NET NEW TRIPS FOR PROPOSED USES
Table 8
TOTAL AM PEAK HOUR EXTERNAL NON-PASS BY PROJECT TRIPS
PREVIOUSLY APPROVED SUBDIVISION USE
MULTI-FAMILY
SINGLE FAMILY
TOTAL INCLUDING PROPOSED USES
MULTI-FAMILY
SINGLE FAMILY
AgenGa Item 1\10. Sf-\
November 13. 2007
p~" ,-,o,y ~ '7
, Dd'1'ageo ,-,.
Table 9
TOTAL PM PEAK HOUR PROJECT TRIP GENERATION
PREVIOUSLY APPROVED SUBDlVISON USE
MULT1- 230 558DU Ln(T) = .82 Ln(X) + 32 246
F AMIL Y
210 J -,-,~_...-
SINGLE JIDU Ln(T) = .9 Ln(X) -+ .53 15
F AMIL Y
-----
TOTAL INCLUDING PROPOSED USES
I Ml!L TI- ';0 I 558 au
I ~~t{ __l~ ;~ ~ ~~:_ _ =-~~?~J _- ~_'
Ln(T) = .82 Ln(X) + .32 246
--.-.-- ----------t..-------.-.~---1
Ln(T) = .9 Ln(X) -I- .53 21
----..------------- -----'---- _._~.~___._I
NET NEW TRIPS FOR PROPOSED USES
Table 10
ENTER/EXIT BREAKDOWN OF TRIPS DURING PM PEAK HOUR
PREVIOUSLY APPROVED SUBDIVISION USE
MULTI-FAMILY
SINGLE FAMILY
TOTAL INCLUDING PROPOSED USES
Agenda Item r-Jo. SA
November 13, 2007
Pag"Pl'k~'" 147
Table 11
TOTAL PM PEAK HOUR EXTERNAL PROJECT TRIPS
PREVIOUSLY APPROVED SUBDIVISION USE
MULTI-F AMIL Y
SINGLE FAMILY
TOTAL INCLUDING PROPOSED USES
NET NEW TRIPS FOR PROPOSED USES
Table 12
TOTAL PM PEAK HOUR EXTERNAL NON-PASS BY PROJECT TRIPS
PREVIOUSLY APPROVED SUBDIVISION USE
MULTI-FAMILY
SINGLE FAMILY
TOTAL INCLUDING PROPOSED USES
MULTI-FAMILY
SINGLE FAMILY
FIGURE 1
50%
2
(2) ..
(<0.1%)
5D%
1
(2)
(<0.1%)
50% 50%
2 2
(2) (2)
~ L
w
>
~
o
>-
<{
s:
>-
:,-:
(f)
L~D%
(2)
"
507; ~
(2)
RATTLESNAKE-HAMMOCK ROAD
LEGEND
XX% PERCENT DISTRIBUTION DF PRDJECT TRAFFIC
XX AM PEAK HOUR TRIPS
(XX) PM PEAK HOUR TRIPS
(XX%) PROJECT TRIPS AS % OF SERVICE VOLUME
~
PROJECT TRIP DISTRIBUTION
,i\genda item No. SA
November 13. 2007
Page ,,,5 of 1,,7
...
5D%
1
(2)
(<D.l%)
50%
2
" (2)
(<D.1%)
Agenda Item No. SA
I~ovember 13, 2007
Page 14-6 of 147
FIGURE 3
~
w
>
~
o
>-
<(
S:
>-
'<:
[f)
..
633
(263)
[896)
B
633
(263)
[896]
B
...
RA TTLESNAKE-HAMMOCK ROAD
LEGEND
XX PEAK HOUR PEAK DIRECTION TRAFFIC
(xx) TRIP BANK
[XX] TOTAL VOLUME
LOS LEVEL OF SERVICE
NOTE: COMPOUND GROWTH
RATE OF 4% USED FOR
PROJECTION BASED ON
2006 TRAFFIC COUNT DATA
2012 BACKGROUND TRAFFIC
Agenda Item No. 8/\
I~ovember 13, 2007
Page 147 of 147
FIGURE 4
~
w
>
0::
o
>-
<{
5:
>-
'"
(f)
633
(263)
... ((2))
[898]
B
633
(263)
((2))
[898]
B
..
RA TTLESNAKE -HAMMOCK ROAD
LEGEND
XX PEAK HOUR PEAK DIRECTION TRAFFIC
(XX) TRIP BANK
((XX)) PROJECT TRAFFIC
[XX] TOTAL VOLUME
LOS LEVEL OF SERVICE
NOTE: COMPOUND GROWTH
RATE OF 4% USED FOR
PROJECTION BASED ON
2006 TRAFFIC COUNT DATA
2012 TRAFFIC WITH PROJECT INCLUDED
Agenda Item No. 88
November 13. 2007
Page 1 of 139
EXECUTIVE SUMMARY
PUDZ-A-2006-AR-9374, Naples Reserve, LLC represented by Dwight Nadeau of RW A Inc.
and Richard D. Yovanovich, Esquire, is requesting a rezone from a Planned Unit
Development (PUD) to a Residential Planned Unit Development (RPUD) for a project
known as the Naples Reserve Golf Club RPUD in order to add 602 units to the previously
approved maximum of 552 units, for a total of 1,154 residential units, eliminating the
commercial acreage and 18 holes of the 36 hole golf course, for property located one mile
north of Tamiami Trail East (US-41) and 11/2 miles East of Collier Boulevard (CR 951) at
10097 Greenway Road, in Section 1, Township 51 South, Range 26 East, Collier County,
Florida
OBJECTIVE:
To have the Board of County Commissioners (BCe) consider a PUD to PUD rezone as noted
above, 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 maintained.
CONSIDERATIONS:
The Petitioner proposes a PUD to RPUD rezone in order to add 602 units to the presently
approved maximum of 552 units to 1,154 dwelling units on 688 * acres. The gross project
density would be increased from 0.8 units per acre to a maximum of 1.677 dwelling units per
acre. The existing PUD was approved on .June 8, 1999 by Ordinance 99-42 consisting of 688
acres, with 3.50 acres of commercial use, a 36-ho1e golf course, and 552 residential units. The
commercial acreage and 18 holes of the 36-hole golf course of the existing PUD would be
eliminated in tile current proposal.
Also, the Residential Development Standards have been revised. 1n the current proposal for
single family detached dwellings, the minimum front yard setback has been reduced by five feet
from 25 feet to 20 feet. The minimum rear yard setback has been reduced by five feet from 20
feet to 15 feet. The maximum zoned building heights have been reduced by 10 feet from 35 feet
to 25 feet. The minimum lot area has been reduced by 3,750 square feet from 6,000 square feet
to 2,250 square feet. The distance between structures was increased by 12 feet from 0 feet to 12
feet, and the minimum lot width has been reduced by 20 feet from 60 feet to 40 feet.
Residential Development Standards
..'-
Sin!!le Familv Dwellinus
Development Standards Existing Proposed
Minimum Front Yard 75' 20'
Minimum Rear Yard 20' 15'
Max. Zoned Building Height 35' 25'
Minimum Lot Area 6,000 SF 2,250 SF
Distance Between Structures (J' 12'
Minimum Lot Width 60' 40'
PUDZ-A-2006-AR-9374,
Naples Reserve Golf Club RPUD
Page 1 of8
Agenda Item 1\10. SB
November 13. 2007
Page 2 of 139
For multi-family dwellings, minimum lot widths were reduced by 125 feet from 150 feet to 25
feet. Maximum building heights were increased by 25 feet from 50 feet to 75 feet. Minimum
floor areas were increased by 400 square feet from 600 square feet to 1,000 square feet, and the
calculation for the distance between structures was changed from one-half the sum of the
building heights to 20 feet or one-half the sum of the building height.
Multi-familv Dwellings
Development Standards Existing Proposed
Minimum Lot Width 150' 25'
Max. Zoned Building Heights 50' 75'
Minimum Floor Areas 600 SF 1,000 SF
Distance Between Structures 0.5 SBH 20' or Y2 the sum ofBH
The Naples Reserve PUD sunsetted on June 8, 2004. The petitioner requested a PUD zoning
extension, which was approved by the BCC on June 22, 2004 with the adoption of Resolution
No. 04-219. The extension simultaneously granted two 2-year extensions from June 8, 2004 to
June 8, 2008.
FISCAL IMPACT:
The PUD rezone amendment by and of itself, will have no fiscal impact on Collier County.
There is no guarantee that the project, at build out, will maximize its authorized level of
development, however, if the PUD rezone amendment is approved, a pOltion of the land could be
developed.
The County collects impact fees prior to the issuance of building pern1its to help offset the
impacts of each new development on public facilities. These impact fees are used to fund
projects identified in the Capital Improvement Element (CIE) of the Growth Management Plan
(OMP) as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally,
in order to meet the requirements of concurrency management, the developer of every local
development order approved by Collier County is required to pay 50 percent of the estimated
Transportation Impact Fees associated with the project. Other fees collected prior to issuance of
a building pennit 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 Collier County Planning
Commission (CCPC) to analyze this petition.
GROWTH MANAGEMENT PLAN (GMP) IMPACT:
The subject property has two land-use designations: 310.94 cr acres is designated Urban (Urban-
Mixed Use District, Residential Fringe Subdistrict) and the remaining 377.16 cr acres is
designated Agricultural/Rural (Rural Fringe Mixed Use District, Receiving Lands), as identified
on the Future Land Use Map of the Growth Management Plan.
PUDZ-A-2006-AR-9374,
Naples Reserve Golf Club RPUD
Page 2 of 8
lI.genda Item No. 88
November 13, 2007
Page 3 of 139
Relevant to this petitIOn, the Urban Residential Fringe Subdistrict pennits residential
development at a maximum density of 1.5 dwelling units per acre or up to 2.5 dwelling units per
acre via the transfer of up to I dwelling unit per acre from lands designated as Rural Fringe
Mixed Use District, Sending. The base residential density allowable for designated Receiving
Lands is one unit per five gross acres, with a maximum density of one unit per gross acre
achievable through the Transfer of Development Rights (TOR) process. This petition relies on
multiple provisions in the Future Land Use Element to achieve consistency. The portion of the
project located within the Urban (Urban-Mixed Use District, Residential Fringe Subdistrict)
designated area is eligible for a density of 2.5 dwelling units per acre or 777.35 dwelling units,
and the portion of the project located within the Agricultural/Rural designation is eligible for a
density of I dwelling unit per acre or 377.16 dwelling units. (TDRs from lands designated
Sending are required in order to achieve these maximum densities.)
Based upon staffs analysis, the proposed uses and densities may be deemed consistent with the
Future Land Use Element.
AFFORDABLE HOUSING IMPACT:
At the October 18, 2007 Collier County Planning Commission meeting, the Developer's agent
on behalf of the developer voluntarily agreed to pay the sum of fifty cents ($0.50) for each
square foot of commercial development constructed on the property or $1,000 per residential
dwelling unit. Said payment(s) shall be made to the County Affordable Housing Trust Fund
prior to the issuance of a Celiificatc of Occupancy. The payment(s) shall be credited against the
project's obligations to pay any other affordable housing fees that may be adopted by the
County.
ENVIRONMENTAL ISSUES:
Environmental Services staff has reviewed this petition, and has recommended approval.
ENVIRONMENTAL ADVISORV COUNCIL (EAC) RECOMMENDATION:
The EAC heard the petition on May 7, 2006 and July Ii, 2007, and voted to recommend to
forward this petition to the Board of County Commissioners (BCe) with a recommendation of
approval subject to the following condition, which has been incorporated into the RPUD
document.
171e Naples Reserve RPUD shall preserve 63.7 acres of vegetated areas
consistent with the Land Use Summwy on the RPUD Master Plan.
PUDZ-A-2006-AR-9374,
Naples Reserve Golf Club RPUD
Page 3 of8
Agenda liem No. 8B
November 13, 2007
Page 4 of 139
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
The CCPC heard petition PUDZ-A-2006-AR-9374 on October 18,2007 and by a vote of 6 in
favor and 2 opposed recommended to. forward this petition to the Board of County
Commissioners (BCC) with a recommendation of approval subject to the following conditions:
Recommended revisions:
1. For commercial excavations surplus fill material generated by commercial excavation
depths may be transported off-site only for use in the US-41 improvement project
associated with this zoning approval;
2. Exhibit B - Residential Development Standards: Table I, Residential Development
Standards shall be revised to reflect the following:
(a) For "Single Family Detached" dwellings, the minimum lot width shall be 40 feet.
(b) For "Patio Homes and Villas", the maximum lot width shall be 25 feet, and the
minimum floor area shall be 1,000 square feet.
(c) For "Multi-family" dwellings, the minimum side yard shall be 1 0 feet, and the
minimum distance shall be 20 feet or VI the sum of the building heights.
(d) BH = Building Height - unless otherwise noted, all building heights shall be
"zoned" building heights, as defined in the LDC.
3. Exhibit B - Foot note #2 shall be deleted. Foot note #6 shall be added:
Notes:
6) For all residential units, garages shall be located a minimum of 23 feet from the
back of the sidewalk closest to the garage, except for side load garages, wherein a
parking area 23 feet in depth must be provided perpendicular to the sidewalk to
avoid vehicles being parked across a portion, or all of the referenced sidewalk.
4. Exhibit C - Master Plan - Note #1 shall be dclcted.
5. Exhibit E - CCPC Recommended Deviation:
a. Deviation #4 seeks relief from Section III, Exhibit "A", Design Requirements of
Subdivisions C.13.f. of the Administrative Code for Collier County Construction
Standards Manual adopted thTough Ordinance Number 2004-66, limits cul-de-sac
lengths to 1,000 feet or less. This RUD may have cul-de-sacs with lengths greater
than 1,000 feet. The RPUD lands are relatively without topographic relief, so
greater sight distances would allow longer dead-end streets without jeopardizing
the safety of the futme residents. Further, the turning radii of the terminal cul-de-
sacs will meet or exceed applicable County and National Fire Protection
Association requirements.
6. Exhibit F - List of Developer Commitments
PUDZ-A-2006-AR-9374,
Naples Reserve Golf Club RPUD
Page 4 of8
Agenda Item No. 8B
November 13, 2007
Page 5 of 139
Transportation
. Eliminate redundant stipulations, and add stipulation "I".
Utilities and En!!ineerinl!
. Letter A shall be substituted for the fo llowing language
"10/15/07 Update:
A. The developer shall reserve four areas to be dedicated to Collier
County Water & Sewer District for raw water well easements 'With
dimensions 1 DO-foot by 1001'oot each, and utility/access easements
that shall he 20 feet l1ide unless the well site is contiguous to a
public right of way. The approximate locations o( these proposed
easements are depicted on the RPUD Master Plan. The dedication
shall occur at the time of site development plan, or final plat
approval for the area within the development phase that contains
the respective well sites.
At the time o( the SDP and/or plat submittal, the developer shall
provide the well site easements that meet the standard sethack
requirements for water wells. If the surface water management
lakes fiJI' the suhdivision are installed prior to the installation of
production wellsfor the SERWTP Wellfield. anticipatedfor 2012,
a setback of 50 feet shall be required. If the sUlface water
management lakes are installed after the production wells a 300-
foot setback shall he required.
The County has fitrther requested a test well at one of the proposed
well sites. T7le County agrees that the desired test well will not be
converted into a production well until the water management lake
proposed near the test well is constructed in accordance 'With the
50.(00t setback standard. No additional production wells will be
installed until the project's water management lakes have been
constructed or the year 2012, whichever is earlier.
7. The CCPC accepted the Developer Contribution Agreement (DCA) between the
transportation planning staff and the applicant. (See Exhibit "XX")
LEGAL CONSIDERA nONS:
This is a site specific rezone from the Planned Unit Development Zoning District to the
Residential Planned Unit Development Zoning District for a project known as Naples Reserve
Golf Club RPUD. Site specific rezones are quasi-judicial in nature. As such the burden falls
upon the applicant to prove that the proposed rezone is consistent with all the criteria set forth
below. The burden then shifts to the Board of County Commissioners (BCC), should it consider
denying the rezone, to detennine that such denial would not be arbitrary, discriminatory or
PUDZ-A-2006-AR-9374.
Naples Reserve Golf Club RPlJD
Page 5 of8
Agenda item No. 88
Novernb9r 13, 2001
Page 6 of 139
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 que.~tions. The answers assist you in making a determination for
approval or not.
I. Consider: The suitability of the area for the type and pattern of development
proposed in relation to physical characteristics of the land, surrounding areas, traffic
and access, drainage, sewer, water, and other utilities.
2. Is there an adequacy of evidence of unified control and suitability of agreements,
contract, or other instruments or for amendments in those proposed, particularly as
they may relate to arrangements or provisions to be made for the continuing operation
and maintenance of such areas and facilities that are not to be provided or maintained
at public expense? Findings and recommendations of this type shall be made only
after consultation >>ith the County Attorney.
3. Consider: Conformity of the proposed PUD with the goals, objectives and policies
of the growth management plan.
4. Consider: The internal and external compatibility of proposed uses, which
conditions may include restrictions on location of improvements, restrictions on
design, and buffeJing and screening requirements.
5. Is there an adequacy of usable open space areas in existence and as proposed to serve
the development?
6. Consider: The timing or sequence of development (as proposed) for the purpose of
assuring the adequacy of available improvements and facilities, both public and
private.
7. Consider: The ability of the subject property and of surrounding areas to
accommodate expansion.
8. Consider: Conformity with PUD regulations, or as to desirable modifications of
such regulations in the particular case, based on determination that such modifications
are justified as meeting public purposes to a degree at least equivalent to literal
application of such regulations.
9. Will the proposed change be consistent with the goals, objectives, and policies and
future land use map and the elements of the growth management plan?
10.
Will the proposed PUD Rezone be appropriate considering the existing land use
pattern?
,.".,"
PUDZ-A-2006-AR-9374.
Naples Reserve Golf Club RPUD
Page 6 of8
Aoenda ltem No. 88
N-ovember 13, 2007
Page 7 Df 139
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 drawn in relation to
existing conditions on the property proposed for change.
13. Consider: Whether changed or changing conditions make the passage of the
proposed amendment necessary.
14. Will the proposed change adversely influence living conditions in the neighborhood?
15. Will the proposed change create or excessively increase traffic congestion or create
types of traffic deemed incompatible with surrounding land uses, because of peak
volumes or projected types of vehicular traffic, including activity during construction
phases of the development, or otherwise affect public safety?
16. Will the proposed change crcate a drainage problem?
17. Will the proposed change seriously reduce light and air to adjacent areas?
18. Will the proposed change adversely affect property values in the adjacent area?
19. Will the proposed change be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations?
20. Consider: Whether the proposed change will constitute a 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 m
accordance with existing zoning? (a "core" question...)
22. Is the change suggested out of scale with the needs of the neighborhood or the
County?
23. Consider: Whether it is impossible to find other adequate sites in the County for the
proposed use in districts already pemlitting such use.
24. Consider: The physical charactelistics of the property and the degree of site
alteration which would be required to make the property usable for any of the range
ofpotential uses under the proposed zoning classification.
25.
Consider: The impact of development resulting from the proposed PUD rezone on
the availability of adequate public facilities and services consistent with the levels of
service adopted in the Collier County Growth Management Plan and as defined and
,.."
PUDZ-A-2006-AR-9374,
Naples Reserve Golf Club RPUD
Page 7 of 8
Agenda Item ND. 88
~~ovember 13, 2007
Page 8 of 139
implemented through the Collier County Adequate Public Facilities Ordinance [Code
ch.106, art. II], as amended.
26. Are there other factors, standards, or criteria relating to the PUD rezone request that
the Board of County Commissioners shall deem important in the protection of the
public health, safety, and welfarc?
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. (MMSS)
RECOMMENDA nON:
Staff recommends that Petition PUDZ-A-2006-AR-9374 be forwarded to the Board of County
Commissioners (BCC) with a recommendation of approval subject to the recommendations of
staff and the Collier County Planning Commission.
PREPARED BY:
Willie Brown, AICP, Principal Planner
Department of Zoning and Land Development Review
PUDZ-A-2006-AR-9374,
Naples Reserve Golf Club RPUD
Page 8 of 8
Item Number:
Item Summary:
Meeting Date:
Page 1 of 1
Aqenda item No. fiB
~bvernber 13. 2007
Page (J 01139
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
88
This item reqUires that all parlicipantsbF sworn in and ex parte dlsciosure be provided by
Commission membersPUDl-A-2006-AR.9374 Naples Reserve, LLC, represented by DWight
Nadeau, oj RWA, Inc and Richard D Yovancvich, of Goodielte, Coleman & Johnson, P_A
requesting a rezone from a Planned Unit Development (pUDI to a Resldel1iial Plar1ned Ur1it
Development IRPUD) tor a project kr.own as the ~japles Reserve Golf Ciub RPUD ,n order to
add 130;:: units Wthe previously approved rnaximum cf 552 units. loratotai of115~ resl<:ieniial
units, ellmillatrng the cornmerClal acreage and 18holE;S of the 36 hole golfcaurse. The
$utlject property, GonsistlTlgof688.1 acres, is located one miie north ofUSA1 alld 11/2
miles east 01 CR 951 at 10097 Greenway Road, in Section 1, Township 51 South, Range 26
last, Collier County, Florida (Con1paniOIl to Ilem 10C)
11113/2007 S.OOOi),A.M
Principal Planner
Date
Prepared By
Willie Brown
Community Development &
EnvironmentlllServices
Zoning & Land Development Review
111/231200712:0023PM
Approved By
MPODirector
D~te
NickCasalanguidll
Tran5portationSarvices
Tr~nsportation Planning
10128120071Z:27PM
Marlene Stewart
Executive Secretary
Date
Approved By
Community Development. &
Environmental Services
Community Development &
Environment.., Services Admin
11111Z01171Zc33PM
r~orm E. Feder. Alep
TransportatlonDivisionl,dminislrator
Date
Approved By
TransportationSerlflCCS
Tran;:;portatlonServi(:esAamin
,1111200712:54PM
Susan Murray, AIC?
Zoning & llmd Deveiopment Director
Dilte
Approved Uy
Community Deveiopment &
Environmental Services
Zoning & Land [)evelopmcn\ ReView
111"1IZC07;;;Z4PM
Approved By
JosephK, Schmitt
Community Dev"lopmer:t &
Environmental Services
Community Deveiupment &
Environn,ent:lIServlcesAdminstrator
Date
Community Development &
Environmental Services Admin.
1111i21107'3:01 PM
Ra)'S"lIow$
Chief PI,mncr
[late
Approved By
Community Development &
EnvironmentatServices
Zoning & Land Development Review
11/212007 JA8 PM
Date
Approved By
Marjorie tk Studem-Stirling Assistant County Attorney
11161201174:31 PM
Appro\'edBy
County Attorney County Attorney Office
Randy Greenwald
/tanngementlBlJdgetAnaiyst
Date
County Manager's Office
Office of Managernent & Budget
11iGI20Q7!l:16PM
Mark Isackson
Budget Analyst
Date
Approved By
County Manager's Olfice
OfliceOf Mamlgement& Budget
1116120075:33 PM
ApproveliBy
JamesV. Mudd
Board of County
Commissioner;
County Man..ger
Date
County Manager's Office
1117/2007 ~ :37 PM
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1117n()()7
Agenda Item No. 88
November 13, 2007
Page 10 of 139
Co1ff~r County
~~
-
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
DIVISION
HEARING DATE: OCTOBER 18,2007
SUBJECT:
PETITION PUDZ-A-2006-AR-9374, NAPLES RESERVE RPUD
AGENT/APPLICANT:
Applicant:
Naples Reserve, LLC
Anthony Salce, Jr., Managing Member
Gulfcoast Development Group, LC
515 Terracina Way
Naples, FL 34119-4747
Agent:
Dwight Nadeau, Manager
RWA,INC.
6610 Willow Park Drive,
Suite 200
Naples, FL 34109
Richard D. Yovanovich, ESQ.
Goodlette, Coleman & Johnson
4001 Tamiami Trail, North
Suite 300
Naples, FL 34103
REOUESTED ACTION:
The petitioner is requesting a rezone from a Planned Unit Development (PUD) to an RPUD for a
Residential Planned Unit Development to be known as the Naples Reserve RPUD.
GEOGRAPHIC LOCATION:
The subject PUD is located approximately one mile north of US-41 and one and a half (1 Y2) miles
east of CR-95l in all of Section 1, Township 51 South, Range 26 East, Collier County, Florida. (See
illustration on following page)
PURPOSEIDESCRIPTION OF PROJECT:
The Petitioner proposes a PUD to RPUD rezone in order to add 602 units to the presently approved
maximum of 552 units to 1,154 dwelling units on c!c 688 acres. The gross project density would be
PUDZ-A-2006-AR-9374, Naples Reserve RPUD
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Agenda Item No. 88
November 13, 2007
Page 11 of 139
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NOVenl[!8!" 13, 2007
i="Cl'ge 12 of 139
Conceptual Master Plan
3
PUDZ-A-2006-AR-9374, Naples Reserve RPUD
Agenda Item No. 88
November 13, 2007
Page 13 of 139
increased from 1.50 units per acre to a maximum of 1.677 dwelling units per acre. The existing PUD
was approved on June 8, 1999 by Ordinance 99-42 consisting of 688 acres, with 3.50 acres of
commercial use, a 36 hole golf course, and 552 residential units. The commercial acreage and 18
holes of the 36 hole golf course of the existing PUD would be eliminated in the current proposal.
Naples Reserve PUD sun-setted on June 8, 2004. The petitioner requested a PUD zoning extension,
which was approved by the BCC on June 22. 2004 with the adoption of Resolution No. 04-219. The
extension simultaneously granted two 2-year extensions from June 8, 2004 - the date of PUD
expiration - to June 8, 2008.
SURROUNDING LAND USE AND ZONING:
Subject Parcel: Partially used for agricultural actIVItIes and the remainder is undeveloped
acreage; zoned Naples Reserve Golf Club PUD
Surrounding- North: Picayune Strand State Forest, zoned Rural Agricultural (A)
East: Agricultural croplands and undeveloped, zoned Rural Agricultural (A)
South: Single-family residence, undeveloped woodlands, then mobile homes; zoned
Walnut Lakes PUD, Rural Agricultural (A), then Regal Acres RPUD, and
Mobile Home (Mf!)
West: Undeveloped woodlands, zoned Winding Cypress DRI
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4
PUDZ-A-2006-AR-9374, Naples Reserve RPUD
l-\genda Item [\lo. ,sa
r,ovember 13. 2007
Page 140f139
Aerial Photo
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
Future Land Use Element (FLUE):
The subject property has two land-use designations: 310.94:,: acres is designated Urban (Urban-
Mixed Use District, Residential Fringe Subdistrict) and the remaining 377.16:,: acres is designated
Agricultural/Rural (Rural Fringe Mixed U.e District, Receiving Lands), as identified on the Future
Land Use Map of the Growth Management Plan. Relevant to this petition, the Urban Residential
Fringe Subdistrict pemlits residential development at a maximum density of 1.5 dwelling units per
acre or up to 2.5 dwelling units per aere via the transfer of up to I dwelling unit per acre from lands
designated as Rural Fringe Mixed Use District, Sending. The base residential density allowable for
designated Receiving Lands is one unit per five gross acres, with a maximum density of one unit per
gross acre achievable through the Transfer of Development Rights (TOR) process. This pctition relies
on multiple provisions in the Future Land Use Element to achieve consistency. The portion of the
project loeated within the Urban (Urban-Mixed Use District, Residential Fringe Subdistrict)
designated area is eligible for a density of 2.5 dwelling units per acre or 777.35 dwelling units and
the portion of the project located within the Agricultural/Rural designation is eligible for a density of
I dwelling unit per acre or 377.16 dwelling units. (TORs from lands designated Sending are required
in order to achieve these maximum densities.)
Analysis of Residential Densitv
1. Review of the portion of the project located within the Urban designated area:
Maximum Density
TDRs from Sending Lands
located w/in 1 mile of Urban Area
1.5 DU/A x 310.94 acres ~ 466.41 DUs
+ 1 TDRiA (1 DU/A) x 310.94 acres
~31 0.94 DUs
5
PUDZ-A-2006-AR-9374, Naples Reserve RPUD
Agenda Item No. 88
November 13, 2007
Page 15 of 139
Total 2.5 DU/A or 777.35 DUs
('Note: Tbis project employs the Density Blending provision of the FLUE. Therefore, project density may be distributed
throughout the entire project.)
2. Review of the portion of the project located within the Agricultural/Rural designated area:
TDRs from Sending Lands
(max. density I DU/ A w/in Ag/Rural)
Total Eligible Density
1 DU/5Ac. x 377.16 acres ~ 75.43 DUs
(.2 DUs)
+
.8TDRs x 377.16acres~301.728DUs
IDU/A X 377.16 acres = 377.16 DUs
Base Density
1.677 DU/A X 688.1 acres = 1153.9 DUs
(or 1154 DUs)
Based upon the above analysis, the portion of the project located within the Urban (Urban-Mixed Use
District, Residential Fringe Subdistrict) designated area is eligible for a density of 2.5 DU/ A or
777.35 DUs and the portion of the project located within the Agricultural/Rural designation is eligible
for a density of I DU/A or 377.16 DUs. (TORs from lands designated Sending are required in order
to achieve these maximum densities.)
3.
Requested Project Density:
The requested project density of 1.67 dwelling units per acre or 1,154 dwelling units may be achieved
as calculated above and distributed throughout the project acreage via the Density Blending provision
in the FLUE.
This project straddles the Urban Mixed Use and Rural Fringe Mixed Use District, Receiving Lands.
As such the "Density Blending" provision of the GMP intended to encourage unified plans of
development and to preserve wetlands, wildlife habitat, and other natural features that exist within
properties that or that straddle Receiving and Neutral Lands within the Rural Fringe Mixed Use
District.
A portion of this project is located within the Urban Residential Fringe Subdistrict. As such is to
provide transitional densities between the Urban Designated Area and the Agrieultural/Rural Area
and may be allowed a maximum residential density of 1.5 units per gross aere.
The project is required to provide a Transfer of Development Rights. The primary purpose of the
TOR process within the Rural Fringe Mixed Use District is to establish an equitable method of
protecting and conserving the most valuable environmental lands, including large connected wetland
systems and significant areas of habitat for listed species, while allowing property owners of such
lands to recoup lost value and development potential through an economically viable process of
transferring such rights to other more suitable lands. Within the Rural Fringe Mixed Use District,
residential density may be transfen'ed from lands designated as Sending Lands to lands designated as
Receiving Lands on the Future Land Use Map. The base residential density allowable for designated
Receiving Lands is one (I) unit per five (5) gross acres (0.2 dwelling units per acre). The maximum
density achievable in Receiving Lands through the TOR process is one (1) dwelling unit per acre.
This maximum density is exclusive of the Density Blending provisions. Dwelling units may only be
transferred into Receiving Lands in whole unit increments (fractional transfers are prohibited).
The petitioner is not requesting additional density above the maximum density allowed; IOU/A.
6
PUDZ-A-2006-AR-9374, Naples Reserve RPUD
Aoenda Item No. 88
N-ovember 13. 2007
Page 16 of 139
The PUD Document limits the maximum lot size for single-family detached dwelling units to I acre.
The majority of the project development is within the Receiving area, which has been previously
cleared. The native vegetation is located within the urban portion of the project which is proposed
for preservation, as identified in the PUD Document and Master Plan. Comprehensive Planning staff
defers to Environmental Services staff for project consistency with this provision.
The total project is 688 :1: acres; 310.94:1: acres within the Urban Residential Fringe Subdistrict and
377.16:1: acres within the Agricultural/Rural, RMFUD District, Receiving Lands.
The minimum open space requirement of 70 percent for the portion of the project located within the
RFMUD, Receiving Lands is identified in the PUD Document and Master Plan. Specific
compliance will be determined during Plat and SOP review.
Refer to the "Analysis of Density Blending Provision" above. (The entire project shall meet the
applicable preservation standards of the Rural Fringe Mixed Use District. These preservation
requirements shall be calculated upon and apply to the total project area.) Comprehensive Planning
staff defers to Environmental Services staff for project consistency with CCME Policies.
Based upon the above analysis, staff concludes that the proposed uses and density may be deemed
consistent with the Future Land Use Element.
Open Space/Conservation: Within Receiving Lands, projects greater than 40 acres in size shall
provide a minimum of 70 percent usable open space. Usable Open Space includes active or passive
recreation areas such as parks, playgrounds, golf courses, waterways, lakes, nature trails, and other
similar open spaces. Usable Open Space shall also include areas set aside for conservation or
preservation of native vegetation and landscape areas. Open water beyond the perimeter of the site,
street right-of-way, except where dedicated or donated for public uses, driveways, off-street parking
and loading areas, shall not be counted towards required Usable Open Space. The minimum open
space requirement of 70 percent for the portion of the project located within the RFMUD,
Receiving Lands is identified in the PUD Document and Master Plan. Specific compliance will be
determined during Plat and SDP review.
Transportation Element: The Traffic Impact Statement (Exhibit "C") indicates that the proposed
amendment will result in 3,890 additional daily trips. The 20]2 planning and review horizon year
shows capacity is available. Transportation staff has found that this development proposal is
consistent with Policy 5.] of the Transportation Element of the Growth Management Plan.
ANALYSIS:
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
favorable determination must be based. These eriteria are specifically noted in Section ]0.02.13 and
Section 10.02.13.8.5 ofthe Land Development Code and required staff evaluation and comment. The
Planning Commission to the BCC also uses these criteria as the basis for their recommendation.
Appropriate evaluation of petitions for amendments to PUDs should establish a factual basis for
supportive action by appointed and elected decision-makers. Each of the potential impacts or
considerations identified during the staff review are listed under each of the criterion noted and are
summarized by staff, culminating in a detemlination of compliance, non-compliance, or complianee
with mitigation. These evaluations are completed as separate documents and are attached to the staff
report (See Exhibit "A" and Exhibit "B").
7
PUDZ-A-2006-AR-9374, Naples Reserve RPUD
Agenda Item No. 88
November 13, 2007
Page 17 of 139
Transportation Analysis: Transportation staff has reviewed this petition, and recommends approval
subject to the Transportation commitments provided in Exhibit F to the Ordinance.
Affordable Housing Impact Analysis: The developer has not committed to the construct of any
dwelling units as GAP and workforce housing units.
Environmental Analysis: Environmental Services staff has reviewed this petJtlOn, and has
recommended approval. The EAC met regarding this petition on May 7,2006 and July II, 2007 and
voted to Support the applicant's petition subject to the following condition:
The Naples Reserve RPUD shall preserve 63.7 acres of vegetated
areas consistent with the Land Use Summary on the RPUD Master
Plan.
Stormwater Management Engineering Analvsis: Engineering staff has reviewed this petition, and
recommends approval subject to the attached "conditions of approval".
Utilitv Analysis: Public Utilities staff has reviewed this petition, and recommends approval subject
to the following condition, which differs from Developer's Commitments made in Exhibit F:
The developer shall reserve fiJUr areas to be dedicated to Collier County Water &
Sewer District for raw water well easements with dimensions 100' x 100' each, and
utility/access easements should be 20' 'Wide unless the well site is contiguous to a
public right of way. 771C approximate locations of these easements are depicted on the
PUD Master Plan. The dedication shall occur at the time of site development plan, or
final plat approval for the area within the development phase that contains the
respective well sites. At the time of the SDP and/or Plat submittal, the developers
shall provide the well site easements that meet the standard setback requirements for
water wells. If the swface water management lakes for the subdivision are installed
prior to the installation of production welLl-j'or the SERWTP Wellfield, anticipated to
begin no earlier than 2012, a setback 0['50 feet will be required. lfthe swface water
management lakes are installed after the production wells a 300 ftJOt setback will be
required. The County has filrther requested a test well at one of the proposed well
sites. An agreement for the installation of the desired test well has been crafted such
that the County would not convert the test well into a production well until the water
management lake proposed near the test well is constructed in accordance with the
50 foot setback standard. Final/v. the COU/ltv ackl1{mledgcs that /10 production wells
l,vill he installed 011 tlte dcdicu/cd li-'cIl.\itcs un/i! the pnde::.:t Haler i'iwll((gcmcl1{ lakes
have been constructed, or untit the year JOJ 2.1Vhiclu'hT is thejirst to oe'Clfr.
Zoning and Land Development Review Analvsis: The evaluation by professional staff includes an
analysis of the project's relationship to the community's future land use plan and whether or not a
rezoning action would be consistent with the GMP. Other evaluation considerations include an
assessment of adequacy 0 f transportation infrastructure, other infrastructure, and compatibility with
adjacent land uses. In addition, staff offers the following synopsis:
Relationship to Future Land Uses - A discussion of this relationship, as it applies specifically to
Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning
8
PUDZ-A-2006-AR-9374, Naples Reserve RPUD
AceriC8 r~e;m I'\jo 32
November 13, 2007
Page 18 of 139
action to the Future Land Use Element (FLUE) of the GMP. The subject property is designated
Urban (Mixed-Use District, Urban Residential Subdistrict) as identified on the Future Land Use Map
of the Growth Management Plan (GMP). This district permits residential uses, as proposed, at the
density proposed. Staff believes that the petitioner's requested uses and density are compatible with
the FLUE, thus this petition is consistent with the GMP.
Relationship to Existing Land Uses - The subject property is located in the Rural Agricultural (A)
district. Presently, the subject property has been altered extensively through past plant nursery uses,
and currently contains an accessory building and a single-family structure. Immediately to the north
of the subject property is undeveloped woodlands.
LIST OF REOUESTED DEVIATIONS FROM LDC
Deviation Discussion:
The petitioner is seeking four deviations as identified in Exhibit E of the PUD Document. The
petitioner has provided justification in support of the deviations. Staff has analyzed the deviations
and provides the analyses and recommendations below.
Deviation #1 seeks relief from LDC Section 6.06.01.(0), for "cul-de-sac and local streets, and LDC
Appendix B, Typical Street Section, B-2 and B-3, and Section 1Il, Exhibit "A", Design Requirements
for Subdivisions C.13.e. of the Administrative Code for Collier County Construction Standards
Manual adopted through Ordinanee No. 2004-66 that requires 60 feet, to allow 50 feet. A 50-foot
right-of-way is permitted in this RPUD to provide for flexibility in development design, subjeet 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 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. Deviation I from Sub-section
6.06.01(0) of the LDC, for cul-de-sac and local streets, and LDC Appendix B-2 and B-3 for cul-de-
sac and local streets respectively, and Section III, Exhibit "A", Design Requiremcnts for Subdivisions
C.l3.e. of the Administrative Code for Collier County Construction Standards Manual adopted
through Ordinance No. 2004-66 which requires 60 feet to allow 50 feet. (See Exhibit C. RPUD
Master Plan). These streets shall be private. and shall be classified as local streets.
Staff is supportive of deviation No.1 with the stipulation that the streets shall remain private. The
proposed interior roadway system is pril'lltely maintained. Staff, therefore, finds the deviation in
compliance with LDC Section IO.02.13.A.3, in that the petitioner has demonstrated that "the
element may be waived without a detrimental effect on the health, safety and welfare of the
cOlltmunity. "
Deviation #2 seeks relieffrom Section Ill. Exhibit "A", Design Rcquirements of Subdivisions C.l3.j.
of the Administrative Code for Collier County Construction Standards Manual adopted through
Ordinance Nunlber 2004-66, that requires tangents to he provided between reverse curves on all
streets. This RPUD will not require tangents between reverse curves in order to provide greater
subdivision design flexibility. All internal roads within the RPUD will be private, and have low
posted speed limits, and will have a curvilinear design that has been shown to act as traffic calming
measures by reducing local traffic speeds. Additionally, the flat tenain found on site does not
warrant the need for tangents. This is a reasonable deviation that has been applied throughout the
County, and does not comprise a risk to public health, safety and welfare.
9
PUDZ-A-2006-AR-9374, Naples Reserve RPUD
Agenda Item No. 88
November 13, 2007
Page 19 of 139
Tangents between reverse curves are not required for any local street design in this RPUD. Deviation
2 from Section III. Exhibit "A". Design Requirements for Subdivisions C.B.i. of the Administrative
Code for Collier County Construction Standards Manual adopted through Ordinance No. 2004-66.
Staff is supportive of deviation No.2. The proposed roads would be private residential roads with
limited speeds, not requiring larger tangents which are provided jilr public rights-aI-way with
greater traffic, increased speeds, and larger vehicles.
Deviation #3 seeks relief from LDC Section 5.04.04.B.5.c., that functionally limits the number of
model homes to allow one model home for each variant of the residential product proposed in the
project. In an effort to provide a variety of residence styles and floor plans within the development, it
is essential not to arbitrarily limit the opportunity of a home buyer to see the creativity of the
architecture proposed in a development. This deviation is appropriate, and does not negatively affeet
the health and safety, or welfare of the future residents of the development.
The Naples Reserve RPUD may have one model home representing each type ofresidential product.
The number of model homes may exceed five, but shall not exceed a total of ten. Deviation 3 from
LDC Section 5.04.04.B.5.c. that limits the total number of model homes in a single development to
five.
Staff is supp011ive of deviation No.3. The proposed PUD, if approved, will aI/ow for a maximum of
1,154 dwelling units. The PUD al/ows for a mix of dwelling types and includes: single-, two- or -
multi-family residential units. In an effort to provide a variety of residence styles and floor plans
within the development, it is essential to provide a greater number of model home types to provide
the home buyer an opportunity to see the ereativity o.f the arehitecture proposed in a development.
T7Jerefore, one model home representing each type of residential product is not an unreasonable
request. This deviation has been accepted as an alternative aI/owed in several PUD zoned projects,
and the petitioner's reasoning appears sound. Zonin!! and Land Development Review staff has
reviewed the deviation and recommends approval as limited in PUD Section 2.7.B, findinz that, in
eompliance with LDe Section 10.02.J3.A.3, the petitioner has demonstrated that "the clement mav be
waived without a detrimental effect on the health, sa(e/v and welfare of the comnllmitv."
Deviation #4 seeks relief from LDC Subsection 5.06.02.A.l.a. where the maximum allowable height
of signage is eight feet. The subject property is separated from the primary access point on U.S. 41
by approximately 0.45 miles. In an effort to provide a visual landmark to identify the project from
that distance, the RPUD Document provides for entry features that may include clock towers,
monumentation, and/or colonnades that may be up to fifty feet in height. This deviation provides for
project identification signage, not exceeding the area provided for by the LDC, that may be attached
to the entry feature, but may not exceed the height of the entry feature.
At the discretion of the developer, project identification signs may be associated with the entrance
feature, but may not exceed the height of the entrance feature. Deviation 4 from subsection
5.06.02.A. ] .a. where the maximum allowable height of signage is eight feet.
Staff is not supportive of deviation No.4. Signs attached to entry features up to 50 feet in height
have not been approved for other PUDs. On-premise residential signs are subject to LDC, Section
5.06.02.A.6, which states that, ". . . two ground signs with a maximum height of eight feet, or wall
10
PUDZ-A-2006-AR-9374, Naples Reserve RPUD
,Agenda !tem i~o. 8B
November 13. 2007
Page 20 of 139
residential entrance, or gate signs may be located at each entrance subject to criteria a - c" limiting
also sign area to a combined 64 square feet. The petitioner cites as examples Summit Lakes RPUD,
Wentworth PUD, and Treviso Bay where signs associated with entry features have been approved up
to 50 feet in height. Consequently, the Summit Lakes PUD only allows for entrance features such as
clock towers and colonnades associated with a barrier berm or privacy fence limiting height to no
greater than 50 feet; not signage. The WentwOlih PUD allows "Entrance signs" which may not
exceed heights of 8 feet above the finished ground level, which is consistent with LDC - Section
6.02.A5. Also, Traviso Bay is a mixed-use project within the Bayshore overlay district, which is
several miles from the subject property. Thus, approving this language within the Naples Reserve
PUD, the Commission would be establishing a precedent. Therefore, staff feels this deviation is not
suitable for a waiver from the literal application of this subsection of the LDC. This is not a biIlboard
sign in a commercia] area.
NEIGHBORHOOD INFORMA nON MEETING (NIM): The developer's agent duly noticed
and conducted a NIM on March 27, 2007 at 5:30 pm at the Comfort Inn conference room. Fifteen
people, the applicant, his team, and county staff attended. A brief overview was presented by Mr.
Dwight Nadeau, representing Mr. Anthony Salce. The discussion highlights are as follows:
. The type of product intended for this project is single and multifamily life-style
community dwelling units.
. Naples Reserve Blvd. via US-41 E would be the primary route of access with possible
interconnection between Winding Cypress PUD and/or Greenway Road.
. Primary construction access would be off of Naples Reserve Blvd.
. Proposed building heights would range from 35 to 75 feet.
. Overcast lighting is not a concern as there is a 30 foot vegetative buffer on site
between Reflection Lakes and a 30 foot vegetative hutTer between Walnut Lakes.
. There is a total of 63 acres of native preserves on site most of which is adjacent to
Reflection Lakes
. Storm-water drainage to US-41 canal
. Utilities would be provided by Collier County water and sewer; well site easements
for potable water in future
. Buildout is anticipated in 4 to 5 years of development order approval of the proposal.
STAFF RECOMMENDATION:
Staff recommends that the Collier County Planning Commission (CCPC) forward a recommendation
of approval of petition PUDZ-A-2006-AR-9374 to the Board of County Commissioners (BCC), with
the exception of deviation #4, subject to the attaehed exhibit:
Staff Report Exhibits:
Exhibit "A" - Rezone Findings
Exhibit "B" - PUD Findings
Exhibit "C" - Traffic Impact Statement
Exhibit "0" - EAC Staff Report
11
PUDZ-A-2006-AR-9374, Naples Reserve RPUD
Agenda Item No. 88
November 13, 2007
Page 21 of 139
PREPARED BY:
WILLIE BROWN, AICP, PRINCIPAL PLANNER
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
DATE
REVIEWED BY:
MAJORIE STUDENT-STIRLING
ASSISTANT COUNTY ATTORNEY
DATE
RAYMOND V. BELLOWS, ZONING MANAGER
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
DATE
SUSAN M. ISTENES, AICP, DIRECTOR
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
DATE
APPROVED BY:
JOSEPH K. SCHMITT ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
Tentatively scheduled for the November 13,2007 Board of County Commissioners Meeting
COLLIER COUNTY PLANNING COMMISSION:
MARK. P. STRAIN, CHAIRMAN
REZONE FINDINGS
PETITION PUDZ-A-2006-AR-9374, Naples Reserve
Section 2.7.2.5 of the Collier County Land Development Code requires that the report and
recommendations of the PI arming Commission to the Board of County Commissioners shall
show that the Planning Commission has studied and considered the proposed change in
relation to the following, where applicable:
12
PUDZ-A-2006-AR-9374, Naples Reserve RPUD
Agenda Item r.o. 88
November 13, 2007
Page 22 of 139
1. Whether the proposed change will be consistent with the goals, objectives &
policies of the Future Land Use Map and the elements of the Growth
Management Plan.
Pro: The subject property is located within the Urhan (Urban - Mixed Use District,
Urban Residential Subdistrict) on the Future Land Use Map of the Growth
Management Plan. Specific development requirements are established in the GMP,
and the RPUD Application contains appropriate references assuring compliance with
the provisions of the FLUE.
Con: The loss of 18 holes of the 36 hole golf course and commercial acreage for
residents may be unappealing; however, this is an RPUD, and the change is consistent
with the intent of the RPUD zone district of the original PUD..
Findings: Based on staffs review, the proposed development would be in compliance
with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP)
for Collier County.
2. The existing land use pattern;
Pro: The Location and Zoning Maps that are attached to the staff report show the
Naples Reserve RPUD site is located between existing developed Walnut Lakes PUD
and Regal Acres RPUD as well as the developing Winding Cypress DR!. Housing
will be located where adequate infrastructure and services are available. The proposed
amendment is consistent with the Future Land Use designation for this area.
Con: The petitioner proposes residential uses that are at a higher density than
adjoining residential land uses.
Findings: Staff believes that the petition has provided adequate anleliorating factors to
offset the adverse impacts from the proposed land uses.
3. The possible creation of an isolated district unrelated to adjacent and nearby
districts;
Pro: The parcel is of sufficient size that will not result in an isolated district unrelated
to adjacent and nearby districts. It is also consistent with expected land uses by virtue
of its consistency with the FLUE of the GMP. Review staff indicates that because the
applicable adequate public facilitics either cxist or will be provided and that the
petitioner is willing to phase the star( and approval of the development upon the
completion of critical facilities, the amendment will not create an isolated district
Con: None
Findings: The subject parcel is of sufficient size that it will not result in an isolated
district because the proposed amendment is for a residential district which is
compatible with the adjacent and nearby zoning districts.
13
PUDZ-A-2006~AR-93741 Naples Reserve RPUD
Agenda Item No. 88
November 13, 2007
Page 23 of 139
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
Pro: The subject site would adjoin US 41 via proposed Naples Reserve Boulevard.
The subject site basically fits within an area that is undeveloped.
Con: None
Findings: The residential parcel boundaries are logically drawn and they are
consistent with the Urban (Urban - Mixed Use District, Urban Residential
Subdistrict), as identified on the Future Land Use Map (FLUM) of the County's
Growth Management Plan (GMP).
5. Whether changed or changing conditions make the passage of the proposed
amendment necessary.
Pro: The request is reasonable because it does not change the proposed long range
land use designation.
Con: The proposed petition was a voluntary action by the petitioner's selection of the
subject property. This site requires the BCC to make a finding that the project is
consistent with the GMP and LDC.
Findings: The proposed Naples Reserve RPUD is compatible with adjacent land uses
due to the ameliorating element provided through wall and landscaping buffering
along the north, east, and southern boundaries of the residential development area.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood;
Pro: The County's current land use policies m the FLUE support the action to
encourage a variety of housing types.
Con: Additional traffic may be an issue for existing residents.
Findings: The proposed Naples Reserve RPUD is compatible with adjacent land uses
and consistent with expected land uses by virtue of its consistency with the FLUE of
the GMP.
7. Whether the proposed change will create or excessively increase traffic
congestion or create types of traffic deemed incompatible with surrounding land
uses, because of peak volumes or projected types of vehicular traffic, including
activity during construction phases of the development, or otherwise affect public
safety.
Pro: The project was reviewed based on the current Transportation Impact Statement
(TIS) guidelines and with respect to Policy 5.1 of the Collier County Growth
14
PUDZ-A-2006-AR-9374, Naples Reserve RPUD
Acenda i:-2m r....o. ,::;8
N~overnber 13. 2007
P?Jge 24 of 139
Management Plan Transportation Element. The project is located east of Tamiami
Trail (US-41), and is consistent with Policy 5.1 of the Transportation Element in the
Growth Management subject to the Developer Commitments found in Exhibit F.
Con: None
Findings: The Transportation Services Division has reviewed the proposed PUD
amendment and has recommended approval of the petition based upon the petition's
conditions of approval.
8. Whether the proposed change will create a drainage problem;
Pro: The proposed change should not create drainage or surface water problems
because the LDC and GMP have regulations in place that will ensure review for
drainage on new developments.
Con: Urban intensification could potentially increase area-wide flooding in a severe
rainfall event.
Findings: Every project approved in Collier County involving the utilization of land
for some land use activity is scrutinized and required to mitigate all sub-surface
drainage generated by developmental activities.
9. Whether the proposed change will scriously reduce light and air to adjacent
areas;
Pro/Con: Evaluation not applicable
Findings: All projects in Collier County are subject to the development standards that
are unique to the zoning district in which it is located. These development standards
and othcrs apply generally and equally to all zoning districts (i.e. open space
requirement, corridor management provisions, etc.) were designed to ensure that light
penetration and circulation of air does not adversely affect adjacent areas.
10. Whether the proposed change will adversely affect propcrty valucs in the
adjacent area;
Pro: Urban intensification t}pically increases the value of adjacent or underutilized
land.
Con: Property valuation is affected by a host of factors including zoning; however,
zoning by itself mayor may not affect values, since value deterrnination by law is
driven by market value. The mere fact that a property is given a new zoning
designation or amendment mayor may not affect valuc.
Findings: This is a subjective deterrnination based upon anticipated results which may
be internal or cxternal to the subject property, and which can affect property values.
15
PUDZ-A~2006~AR-9374, Naples Reserve RPUD
Agenda Item No. 88
November 13, 2007
Page 25 of 139
Property valuation is affected by a host of factors including zoning; however, zoning
by itself mayor may not affect values, since value determination by law is driven by
market value. The mere fact that a property is given a new zoning designation mayor
may not affect value.
11. Whether the proposed change will be a deterrent to the improvement or
development of adjacent property in accordance with existing regulations;
Pro/Con: Evaluation not applicable
Findings: The basic premise underlying all of the development standards in the Land
Development Code is that their sound application, when combined with the site
development plan approval process and/or subdivision process, gives reasonable
assurance that a change in zoning will not result in deterrence to improvement or
development of adjacent property.
12. Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasting with the public welfare;
Pro: The subject property is designated Urban (Urban - Mixed Use District, Urban
Residential Subdistrict), as identified on the Future Land Use Map (FLUM) of the
County's Growth Management Plan (GMP). The purpose of this subdistrict is to
provide for higher densities in an area with fewer natural resource constraints and
where existing and planned public facilities are concentrated.
Con: None
Findings: The proposed rezone complies with the land use designation of the Urban
(Urban Residential Subdistrict) on the Future Land Use Map (FLUM) of the GMP,
which is a public policy statement supporting zoning actions when they are consistent
with the entire GMP.
13. Whether there are substantial reasons why the property cannot be used in
accordance with cxisting zoning;
Pro: The Naples Reserve RPUD implements Policy 5.6 of the FLUE that encourages
the use of clustered residential development, Planned Unit Development techniques,
mixed-use development, rural villages, new towns, satellite communities, transfer of
development rights, agricultural and conservation easements, and other innovative
approaches, in order to conserve open space and environmentally sensitive areas.
Con: Many residents may perceive the intensity of development as a disturbance of
the natural environment, and may be prefer to see the remaining acreage undisturbed.
Findings: The proposed rezone conforms to the future land use element of the GMP.
14. Whether the change suggested is out of scale with the needs of the neighborhood
or the County;
16
PUDZ-A-2006-AR-9374, Naples Reserve RPUD
Agenda Item No. 8B
November 13. 2007
Page 26 of 139
Pro: The proposed zoning amendment meets objective criteria set forth in GMP
Policy 5.5 of the FLUE in that it is using land designated for urban areas by planning
for the expansion of County owned and operated public facilities and services to
existing lands designated for urban intensity uses.
Con: None
Findings: The proposed zoning is designed m a manner that is compatible with
surrounding property in size and scale.
15. Whether is it impossible to find other adequate sites in the County for the
proposed use in districts already permitting such use.
Pro/Con: Evaluation not applicable
Findings: There are many sites, which are zoned to accommodate the proposed
development. This is not the determining factor when evaluating the appropriateness
of a rezoning decision. The determinants of zoning are consistency with all elements
of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of
the action and all of the above criteria.
16. The physical characteristics of the property and the degree of site alteration,
which would be required to make the property usable for any of the range of
potential uses under the proposed, zoning classification.
Pro: Any development of this site would require considerable site alteration with the
existing or the proposed zoning.
Con: None
Findings: Staff believes that the proposed conditions would aid in creating
ameliorating elements which would otIset the adverse impacts from the proposed land
uses.
17. The impact of development on the availability of adequate public facilities and
services consistent with the levels of service adopted in the Collier County
Growth Management Plan and as defined and implemented through the Collier
County Adequate Public Facilities Ordinance, as amended.
Pro/Con: Evaluation not applicable
Findings: A multi-disciplined team responsible for reviewing jurisdictional clements
of the GMP and the LDC, public facilities requirements has reviewed this land use
petition and found it consistent and in compliance for zoning approval. A final
determination whether this project meets the full requirements of adequate public
facilities specifications will be determined as part of the development approval
process.
17
PUDZ-A-2006-AR-9374, Naples Reserve RPUD
Agenda Item No. 88
November 13, 2007
Page 27 of 139
FINDINGS FOR PUD
PUDZ-A-2006-AR-9374, Naples Reserve
Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission
to make a finding as to the PUD Master Plans' compliance with the following criteria:
1. The suitability of the area for the type and pattern of development proposed in
relation to physical characteristics of the land, surrounding areas, traffic and
access, drainage, sewer, water, and other utilities.
Pro: The nearby area is developed with residential uses, vacant land, and row crops.
This petition is for residential uses. The petitioner is setting aside a preserve area and has
agreed to interconnect its proposed open space and wetland preservation areas as well as
access. The project will be required to comply with all county regulations regarding
drainage, sewer, water and other utilities.
18
PUDZ-A-2006-AR-9374, Naples Reserve RPUD
Con: Not applicable
Aaenda Item No. 8B
r,-ovember 13, 2007
Page 28 of 139
Findings: The petition will be in compliance with all county regulations; therefore the
project is suitable for the area.
2. Adequacy of evidence of unified control and suitability of any proposed agreements,
contract, or otber instruments, or for amendments in those proposed, particularly
as they may relate to arrangements or provisions to be made for the continuing
operation and maintenance of such areas and facilities that are not to be provided
or maintained at public expense.
Pro/Con: Evaluation not applicable
Findings: Documents submitted with the Naples Reserve RPUD application provide
evidence of unified control. The Land Development Code and the Ordinance of Adoption
makes appropriate provisions for continuing operation and maintenance of common
areas.
3. Conformity of the proposed Planned Unit Development with the goals, objectives
and policies of the Growth Management Plan (GMP).
Pro: The applicant has identified in the Application for Naples Reserve RPUD that it
will be in compliance with the planning goals and ohjectives of Collier County as set
forth in the Growth Management Plan.
Con: None
Findings: The subject petition has been found consistent with the goals, objectives and
policies of the GMP. The staff report expounds in detail of how the project is deemed
consistent with the GMP.
4. The internal and external compatibility of proposed uses, which conditions may
include restrictions on location of improvements, restrictions on design, and
buffering and screening requirements.
Pro: Staff agrees that the RPUD master plan has been designed to optimize intemalland
use relationships through the use of various forms of open space separation.
Additionally, the LDC does provide requirements in which to ensure hannonious
relationships between proj ects.
Con: None
Findings: Staff analysis indicated that the petition is compatible, both internally and
extemally with the proposed uses and with the surrounding uses.
19
PUDZ-A-2006-AR-9374, Naples Reserve RPUD
Agenda Item I'-Jo. 88
November 13. 2007
Page 29 of 139
5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
Pro: The petition meets the minimum Open Space requirements of 60 percent.
Con: None
Findings: Staff analysis indicated that the petition is compatible, both internally and
externally with the proposed uses and with the surrounding uses. The proposed Naples
Reserve RPUD is compatible with adjacent land uses due to the ameliorating element
provided through wall and landscaping buffering along the north, east, and southern
boundaries of the residential development area.
6. The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private.
Pro/Con: Evaluation not applicable
Findings: The proposed Naples Reserve RPUD will not adversely impact the timing or
sequence of development that is currently allowed in the area. Furthermore, the adopted
concurrency requirements ensure that further LOS degradation is not allowed or the LOS
deficiency is corrected.
7. The ability of the subject property and of surrounding areas to accommodate
expansion.
Pro/Con: Evaluation not applicable
Findings: Ability, as applied in this context, implies supporting infrastructure such as
wastewater disposal system, potable water supplies, characteristics of the property
relative to hazards, and capacity of roads, is supportive of conditions emanating from
urban development.
8. Conformity with PUD regulations, or as to desirable modifications of such
regulations in the particular case, based on determination that such modifications
are justified as meeting public purposes to a degree at least equivalent to literal
application of such regulations.
Pro: The petitioner has submitted a request for four deviations within the PUD
Document. Deviation numbers one and two relate to public roads, and are not essential
to the application of this petition as the applicant is proposing private roadways.
Dcviation number three relates to limiting the number of model homes. As this
development contains more than 1000 dwelling units with a variety of housing types, the
requirement limiting the number of model homes to five would be unfairly applied as the
consumer would not have adequate opportunity to experience the full range of
architectural home styles and designs offered by the Naples Reserve PUD in making a
decision to buy. Deviation number four seeks relief from the LDC limiting the height
of signage to eight feet. Signs attached to entry features up to 50 feet in height have not
been approved for other PUDs. LDC, Section 6.02.A.5, Residential Directional or
20
PUDZ-A-2006-AR-9374, Naples Reserve RPUD
Agenda item f\Jo. 88
November 13, 2007
Page 30 of 139
Identification Signs, states that, ". . . signs shall only be used to identify the location or
direction of approved uses", and that sign area and height is limited to "a maximum area
of 24 square feet and a maximum height of eight feet". The petitioner cites as examples
Summit Lakes RPUD, Wentworth PUD, and Treviso Bay where signs associated with
entry features have been approved up to 50 feet in height. Consequently, the Summit
Lakes PUD only allows for entrance features such as clock towers and colonnades
associated with a harrier bem1 or privacy fence limiting height to no greater than 50 feet;
not signage. The Wentworth PUD allows "Entrance signs" which may not exceed
heights of 8 feet above the finished ground level, which is consistent with LDC - Section
6.02.A5. Also, Traviso Bay is a mixed-use project within the Bayshore overlay district,
which is several miles from the subject property. Thus, approving this language within
the Naples Reserve PUD, the Commission would be establishing a preeedent. Therefore,
staff feels this deviation is not suitahle for a waiver from the literal application of this
subsection of the LDC.
Con: Not applicable
Findings: Staff is supportive of all proposed deviations except deviation number 4.
Deviations one through three if waived do not pose detrimental effect to the health, safety
and welfare of the community as similar deviations have been approved in the past
within PUDs of similar character and size. Staff on the other hand does not wish to
encourage the approval of signage with maximum heights of 50 feet unless proposed as a
billboard sign in an appropriate area.
21
PUDZ-A-2006-AR-9374, Naples Reserve RPUD
Agenda Item No. 88
November 13, 2007
Page 31 of 139
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLlIERGOV.NET
(i)
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 403-2400 FAX (239) 643-6968
,.-.-,.-, ,...,
o AMENDMENTJO PUD (PUDA) D. PUDREZ()NE (PUDZ) ..
APPLICATION FOR PUBLIC HEARING FOR:
r8l PUD TO PUD REZONE (PUDZ-A)
PETITION NO (AR)
PROJECT NAME
PROJECT NUMBER
DATE PROCESSED
ASSIGNED PLANNER
To be completed by staff
APPLICANT INFORMATION
I
... '.. "
NAME OF APPLlCANT(S) ANTHONY SALCE NAPLES RESERVE LLC
ADDRESS 515 TERRAClNA WAY CITY NAPLES
STATE Fl
ZIP 34119
TELEPHONE # 239-304-0990
E-MAIL ADDRESS:SCAAHS(ci)AOl.COM
CEll # _ FAX # 239-304-0991
NAME OF AGENT DWIGHT NADEAU RW A INC.
ADDRESS 6610 WILLOW PARK DRIVE. SUITE 200 CITY NAPLES STATE FL ZIP 34109
TELEPHONE # 239-597-0575 CELL # _ FAX # 239-597-0578
E-MAIL ADDRESS:DHN(ci)CONSULT-RWA.COM
NAME OF AGENT RICHARD D. YOVANOVlCH, GOODLETTE COLEMAN & JOHNSON. PA
ADDRESS 4001 TAMIAMI TRAIL NORTH SUITE 300 CITY NAPLES STATE FL ZIP 34103
TELEPHONE # 239-435-3535 CELL # _ FAX # 239-435-1218
E-MAIL ADDRESS: RYOVANOVICH(ci)GCJLAW.COM
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF
ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS.
Aaenda Item No 88
N-overnber 13, 2007
Page 32 ofi 39
II
ASSOCIATIONS
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
STATE
ZIP
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS
CITY
STATE
ZIP
NAME OF MASTER ASSOCIATION:
MAILING ADDRESS
CITY
STATE
ZIP
NAME OF CIVIC ASSOCIATION:
MAILING ADDRESS
CITY
STATE
ZIP
! " DiSClosure oflnterest Informanon
a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety,
tenancy in common, or joint tenancy, list all ponies with an ownership interest as
well as the percentage of such interest. (Use additional sheets if necessary).
Name and Address
Percentage of Ownership
Aoenda Item No. 88
November 13. 2007
Page 33 of 139
b. If the property is owned by a CORPORATION, list the officers ond stockholders and
the percentage of stock owned by each.
Name and Address
Percentage of Ownership
NAPLES RESERVE. LLC
ANTHONY SALCE. JR.. MANAGING MEMBER
GULF COAST DEVELOPMENT GROUP. LC
515 TERRACINA WAY
NAPLES. FL 34119
100%
c_ If the praperty is in the name of a TRUSTEE, list the beneficiaries of the trust with the
percentage of intere~t.
Name -and Address
Percentage of Ownership
d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name
of the general and/or limited partners.
Name and Address
Percentage of Ownership
Agenda Item No. 88
November 13, 2007
Page 34 of 139
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a
Corparation, 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 CI corporation, partnership, or trust.
Name and Address
g. Date subject property acquired I8J 05/10/06 leased 0 Term of lease _ yrs.fmos.
If, Petitioner has option to buy, indicate the following:
Date of option: _
Date option terminates: ----.J or
Anticipated closing date _
h. Should any changes of ownership or changes in contracts for purchase occur
subsequent to the date of application, but prior to the date of the final public hearing,
it is the responsibility of the applicant, or agent on his behalf, to submit
a supplemental disclosure of interest form.
PROPERTY LOCATION
Aoenda )tem ~~Q. (;8
r-Jovember 13. 2007
""''''''' r,;~ . f 1"9
o vI') "
Detailed leQal descriDtion oftbe prouertv covered bv tbe aoo[ication: (If space is. inadequate, attach on
separate page.) If request involves change to more than one zoning district, include separate legal
description for property involved in each district. Applicant shall submit four (4) copies of a recent survey
(completed within the last six months, maximum ,.. to 400' scale) if required to do 50 at the pre-
application meeting.
NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning
the legal description, an engineer's ceriification or sealed survey may be required~
SectionjTownship/Ronge QJ.}::df26
Lot:
Block:
Subdivision:
Plat Book _ Page #: _ Property I.D.#: 00723880002
Metes & Bounds Description: ALL OF SECTION 1 TOWNSHIP 51 SOUTH RANGE 26 EAST. COLLIER COUNTY.
FLORIDA
Size of DroDertv:
ft. X _ ft. = Total Sq. Ft. 29969.280 Acres 688
Address/"eDerallocatioD ofsubiect oroDem: 10097 GREENWAY ROAD
PUO District (LOC 2.03.06): \:8J Residential
o Community Facilities
o Commercial 0 Industrial
ADJACENTZOl'\1NGA..ND LAND USE
Zoning
N A. AGRICULTURE
S A. AGRICULTURE & PUD. WALNUT LAKES
E A AGRICULTURE
W PUD. WINDING CYPRESS
Land use
PICAYUNE STRAND STATE FOREST
REFLECTION LAKES SUSDIVISION & DISTUR8ED LAND
AGRICULTURE & DISTURSED LAND
UNDEVelOPED
Does the owner Qf the subjed property own property contiguous to the subied property? If so,
give complete legal description of entire contiguous property. (If space is in(1dequater attach on
separate page).
Section/Township/Range W50S/27E
Lot:
Block:
Subdivis.ion:
Pial Book _ Page #: _ Property I.D.#: 00467400007
Metes & Bounds Description:
THE SOUTH HALF (1/2) OF SECTION 31, TOWNSHIP 50 SOUTH, RANGE 27 EAST, COLLIER COUNTY,
FLORIDA.
ApenS8 Item 1\/0. (jB
hiovernber ! 3. 2007
Page 36 of 139
REZONE REQUEST
This application is requesting a rezone from the PUD zoning district{s) to the PUD zoning district{s).
Present Use 01 the Property: UNDEVELOPED. DISTURBED LAND
Proposed Use (or ronge 01 uses) 01 the property: DEVELOPMENT OF UP TO 1.154 RESIDENTIAL UNITS
Original PUD Name: NAPLES RESERVE GOLF ClUB PUD Ordinance No.: 99-42
EVALUATION CRITERIA
Pursuant to Section 10.02.13 of the Collier County land Development Code, staff's analysis and
recommendation to the Planning Commission, and the Planning Commission's recommendation to the
Board of County Commissioners shall be based upon consideration of the applicable criteria noted below.
Provide a narrative statement describing the rezone request with specific reference to the criteria noted
below. Include any backup mCJterials and documentation in support of the request.
PUD Rezone Considerations (lDC Section 10.02.13.B}
1. The suitability of the area for the type and pattern of development proposed in relation to physical
charaderistics of the land, surrounding areosl traffic and occessl drainage, sewer, water, and other
utilities.
The proposed RPUD's consistency with the locational criteria set forth on the Future land Use Map and
supporting Future land Use Element (FLUE) of the Growth Management Plan (GM?), and consistency
with the applicable Elements related to access, droinage, water, sewer, and other utilities, combined
with the development conditions and commitments contained in this opplication, gives reasonable
assurance that all infrastructure will be developed consistent with County regulations.
2. Adequacy of evidence of unified control and suitability of any proposed 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
recommendations of this type shall be made only after consultation with the county attorney.
The documents, including the Covenant of Unified Control, submitted with this P~tition- Application
provide evidence of unified control. Further, this application makes appropriate provisions for
corrtinuing operation and maintenance of common oreas.
3. Conformity o.f the proposed PUD with the goals, objectives and policies of the growth management
plan. (This is to include identifying what Sub-district, policy or other provision allows the
requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub-
district, policy or other provision.)
The development of approximately six hundred eighty-eight and one tenth (688.1) acres of property in
Collier County, Florida as 0 Residential Planned Unit Development [RPUD} 10 be known os the Naples
Reserve RPUD shall comply with the goals, objectives and policies of Collier County as set forth in the
Growth Management Plan (GMP). The residential and recreational facilities of Naples Reserve RPUD
ore 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.
Agenda Item No. 86
November 13. 2007
. Paae 37 of 139
The subiect property proposed for development consists of 310.94 acres designated UrI:ion -
Mixed Use District, Residential Fringe Subdistrict and 377.16 acres designated
Agricultural/Rural _ Rural F.-ioge Mixed Use District (RFMUD), Receiving Lands as identified on
the Future land Use Mop, os provided for in Objective 1 of the Future Land Use Element (FLUE)
of the GMP. [It should be noted that the previous PUD approved through Ordinance No. 99-
42 hod the Urban Residential Fringe boundary incorrectly depicted and utilized for analyzing
density, thus the differences in URF Subdistrict and RFMUD acreages and density.]
2.
The RPUD is modified to provide for increased density from the presently approved PUD
density of 552 units to 1154 dwelling units. 612 TDR credits will be required to increase the
residential density of the project to 1.677 dwelling units per acre. The RPUD will employ the
density blending provisions of the GMP and land Development Code (LDC) to allow for the
distribution of density throughol.Jt the project.
Since the rezoning request was granted in June of 1999, Collier County adopted the TOR
program into the LDC through Ordinance No. 05-49. The primary purpose of the TOR process
within the RFMUD is to establish an equitable method of protecting and conserving the most
valuable environmental areas, including lorge connected wetland systems and significant areas
of habitat for listed species, while allowing property owners of such areas to recoup lost value
and development potential through an economically viable process of transferring such rights to
other more suitable areas. Within the RFMUD, residential density may be transferred from
lands designated as Sending Lands to lands designated as Receiving Lands on the Future Land
Use Map, subject to criteria.
The increased density will be ochieved by TDRs as follows:
Urban Residential Fringe Subdistrid
TDR Credits must come from Sending Lands within one mile of the Urban Area at a
maximum density increase of one (1) unit per gross acre.
Bose 1.5 units/acre x 310.94 acres:::: 466.41 units
1 TDR/acre x 310.94 acres = 310.94 units
466.41 units + 310 units = 776.41 units (0.41 units to be combined with 0.43 units.
from Receiving lands to achieve a whole unit or greater thon 0.5 unit to be rounded to
o whole unit), with 0.94 TDR credits remaining (to be combined with the fractional TDR
credit from Receiving lands portion of the project to achieve a whole unit).
Agricultural/Rural, Rural Fringe Mixed Use District, Receiving lands
Base 1 unit/5 acres x 377.16 acres = 75.43 units
.80 (4 unil TDRs/acre) x 377.16 acres = 301.72 units
301 + 75.43 = 376.43 units (0.43 units to be combined with 0.41 units from the
Urban Residential Fringe Subdistrict portion of the proiect to achieve a whole unit or
greater than 0.5 to be rounded to a .....mole unit), with 0.72 TDR credits: remaining {to be
combined with the fractional TDR credit from Residential Fringe Subdistrict portion of
the project to achieve a whole unit).
776.41 + 376.43 = 1152.84, or 1153 units + 1.66 TDRs = 1154
A total of 612 TDRs. shall be severed from quaHfying Sending Lands to achieve the
maximum density. TDR credits shall be required. for golf course development, consistent
with FLUE and LDC provisions. The number of TDR credits required shall be determined
at time of site development plan or plat approval.
3. The development standards contained in this DOOJment, combined with the requirements of the
LDC will insure that the proposed development will be compatible with and complementary to
exIsting and planned surrounding land uses as required by Policy 5.4 of the FLUE.
F.C1sn:Ja item f\ilJ. :~B
rIovernber 13. 2007
F'C:Jge 38 of 13fJ
4. The development commitments and standards contained in this Document, as well as the
requirements of the lDC will assure compliance with Policy 3.1 of the FLUE.
5. The Naples Reserve RPUD is consistent with and furthers Policy 5.5 of the FLUE in that it is using
land designated for urban uses.
6. The Naples Reserve RPUD implements Policy 5.6 of the flUE in that more than 70% of the
prefect's Receiving lands, and 60% of the Urban Residential Fringe Subdistrict will be open
space or reserved for conservation purposes.
7. The RPUD Moster Plan, with its extensive natural area, lakes and open space areas, and with
its low residential density} will insure that the developed proiect will be an attractive and
er'Iioyoble residential development.
8. The project shall comply with the concurrency provisions of the LDC, and therefore, it will
implement, and further Objective 2 of the FLUE.
4. The internal and ext~rnal compatibility of proposed uses, whic:h conditions may include restrictions
on location of improvements, restridions on design, and buffering and screening requirements.
The RPUD Master Plan has been designed 10 optimize internal land use relationships through the use of
various forms of open space separation. Additionally, most external relationships are automatically
regula1'ed by the Land Development Code to ensure harmonious relationships between projects.
5. The adequacy of usable open space areas in existence and as proposed to serve the development.
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 and sequence of the perm itting of the proposed development coincides with the
programming of the County's proposed capital improvements to meet conOJrrency requirements.
Adequate improvements, utilities and other facilities can be provided.
7. The ability of the subject property and of surrounding areas to accommodate expansion.
Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system,
potable water supplies, marocteristics of the property relative to hazards, and capadty of roads is
supportive of condnions emanating from urban development. Relative to this Petition, development of
the subject property is timely, because supporting infrastructure are availablel or will be in place by the
time permitting of the proposed improyements is complete.
8. Conformity with PUD regulations, or as to desirable modific:ations of such regulafions in the
particular case, based on determination that such modifications of justified as meeting public
purposes to a degree at least equivalent to literal application of such regulations.
The development stondards in this application ore similar to those standards used for the residential
structures and related improvements when compared to County regulations.
Agenda item !\Jo. 8B
November 13. 2007
Page 39 of 139
Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however~ many
communities have adopted sum restrictions. You moy wish to contact the civic or property owners association
in the area for which this use is being requested in order to ascertain whether or not the request is affected
by existing deed restrictions.
Previous land use Detitions on the subiect Drooertv: To your knowledge, has a public hearing been held
on this property within the lost year? 0 Yes !gj No
If so, what wos the nature of that hearing~ _
NOTICE:
This opplicotion will be considered "open" when the determination of "sufficiency" has been made and
the opplication is assigned a petition processing number. The application will be considered "closed"
when the petitIoner withdraws the applicotion through written notice or ceas.es to sucolv necessary
information to continue nrocessin" or otherwise activelv oursue tho:::. rezonina for a ""eriod of six (6)
months.. An application deemed "dosed!! will not receive further processing and an application
"dosed" through inactivity sball be deemed withdrawn. An application deemed "dosed" may be re-
ap ened by submitting a new application, repayment of all application fees and granting of 0
determination of usufficiencyl'. Further review of the proiect will be subiect to the tben current code.
(We Section lO.03.05.T.)
t'-.Qenda Item I'~o. (j3
I Jovernber 13, 20G?
Page 40 of ! 39
STATEMENT OF UTILITY PROVISIONS
FOR PUD REZONE REQUEST
APPLICANT INFORMATION
NAME OF APPLlCANT(S) ANTHONY SALCE NAPLES RESERVE. LLC
ADDRESS 515 TERRAClNA WAY CITY NAPLES STATE FL
ZIP 34119
TELEPHONE # 239-304-0990
E-MAIL ADDRESS:SCAAHSfalAOl.COM
CEll #
FAX # 239-304.0991
ADDRESS OF SUBJECT PROPERTY (IF AVAilABLE): 10097 GREENWAY ROAD
LEGAL DESCRIPTION
Section/Township/Range QJj!2JJ26
Lol:
Block:
Subdivision:
Plat Book _ Page #: _ Property 1.0.#: 00723880002
Metes & Bounds Description: ALL OF SECTION 1. TOWNSHIP 51 SOUTH RANGE 26 EAST. COLLIER COUNTY.
FLORIDA
I TYPE OF SEWAGE DISPOSAL TO BE PROVIDED
(Check applicable system):
COUNTY UTILITY SYSTEM
a. CITY UTILITY SYSTEM
b. FRANCHISED UTILITY SYSTEM
PROVIDE NAME
d. PACKAGE TREATMENT PLANT
(GPO capacity) _
c. SEPTIC SYSTEM
~
o
o
o
o
TYPE OF WATER SERVICE TO BE PROVIDED
a. COUNTY UTILITY SYSTEM
b. CITY UTILITY SYSTEM
c. FRANCHISED UTILITY SYSTEM
PROVIDE NAME
d. PRIV ATE SYSTEM (WELL)
[gJ
o
o
o
Aaenda Item I,D. 83
rJovember 13, 2007
Page 41 of 139
STATEMENT OF UTILITY PROVISIONS - page 2
l'QT.A[~QPUlA110N TO BE SERVED: 2308 (1154' 2.01
PEAK AND AVERAGE DAilY DEMAND!>:
A. WATER-PEAK 370.24 GPM AVERAGE DAilY 355.432 GPO (lOS, 154)
B. SEWER-PEAK 250.03 GPM AVERAGE DAllY 276960 GPD (lOS, 1201
WATER - PEAK = Average Daily x 1.5 Peak Factor';' 1440
SEWER - PEAK = Average Daily x 1.3 Peak Fodor';' 1440
IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM,
PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED 2008
NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic
drawing of sewage treatment process to be used as well as c specific statement regarding the
method of affluent and sludge disposal. If percolation ponds are to be used, tben percolation
data and soil involved shall be provided from tests prepared and certified by a professional
engineer.
COLLIER COUNTYUTlLlTY 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 ta dedicate to Collier County Utilities the water distribution and sewage
coHection facilities within the project area upon completion of the construction of these facilities
in accordance with all applicable County ordinances in effect at the at time. This statement
shall olso include an agreement that the applicable system development charges and
connection fees will be paid to the County Utilities Division prior to tile issuance of building
permits by the County. If applicable, the statement shall contain shall contain an agreement 10
dedicate the ~ppropriClte utility easements for serving the water and sewer syst~ms.
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 Of
potable water services from ony provider other than the County, a statement from thot
provider indicoting that there is adequate capacity to serve the project shall be provided.
Aoenda !:em I,jo 88
),Tovember : 3. 2'D07
"<._,.. ...., f 139
PUD AMENDMENT (PUDA)
PUD REZONE (PUDZ)
PUD to PUD REZONE (PUDZ-A)
APPLICATION
SUBMUTTAlCHECKl5T
THIS COMPLETED CHECKLIST IS TO BE SUBMmED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW
W/COVER SHEETS ATTACHED TO EACH SECTION.
NOTE, INCOMPLETE SUBMITTALS Will NOT BE ACCEPTED.
# OF NOT
REQUIREMENTS COPIES REQUIRED REQUIRED
STANDARD REQUIREMENTS, , . ,.'.<.....,.... . .. i . .
1 Additional set if located in the Bayshore/Gatewoy Triangle X
Redevelopment Area)
Copies of detailed description of why amendment is: necessary 24 X
Completed Application with list of Permitted Us:es; Development Standards: Table; List
of proposed deviations from the lDC (if any); list of Developer Commitments 24 24
(download appliccztion from website for current form)
Pre-application meeting notes 24 24
PUD Conceptual Moster Site Plan 24" x 36" and One B Y2" x 11" copy 24 24
Revised Conceptual Master Site Plan 24" x 36"and One B V2" x 11"coov 24 X
Original PUD document/ordinance and Master Plan 24" x 36" - ONLY IF 24 X
AMENDING THE PUD
Revis:ed PUD application with changes crossed thru & underlined 24 X
Revised PUD application w/amended Title paae w/ord #'s:, lOC 10.02.13..6_2 24 X
2 Col'ie5of the follOWing' , .'
Deeds/legals & Survey (if boundary of original PUD is amended) 2 2
List identifying Owner 8, all parties of corporation 2 2
Owner/Affidavit signed & notarized 2 2
Covenant of Unified Control 2 2
Completed Addre;:sing checklist 2 2
~Copi~of ,thefoIJo",,;ng:, .... / ., . .... ..,i
Environmental Impact Statement lEtS} and digital/electronic copy of EIS or exemption 4
justification 4
Historical Surveyor waiver request 4 4
Utility Provisions Statement w/sketches: 4 4
Architech.Jral rendering of proposed struc1lJres 4 X
Survey, signed & sealed 4 4
Traffic Impact Statement (TIS) or waiver 7 7
Recent Aerial Photograph (with habitat areas defined) min scaled 1 "=400' 5 5
Electronic copy of all documents in Word format cnd pions (CDRom or Diskette) 1
1
Letter of No Objection from the U.5o Postal Service 1 1
If located in RFMU (Rural Frinae Mixed Use) Receivina land Areos
Applicant must contact Mr. Gerry J_ lacavera, State of Florida
Division of Forestry @ 239-690.3500 for information regarding
"Wildfire Mitigation & Prevention Plan", LDC Section 2.03.0B.A.2.a.(b)i.c.
Applicant/Agent Signature
Dote
Agenda Item hJo. 36
November B 2007
Page ,,3 of 139
EXHIBIT A
TableI
PROJECT LAND USE TRACTS
TRACT "RG"
TYPE
RESlDE1\'TIAL
UKJTSIFT.
1154
ACREAGE:!:
609.2
TRA.CT ''RA''
RECREATIOK AREA
o
15.2
TRACT "P~'
PRESERVE
o
63.7
I TRACT RG PERMITTED USES:
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or in part, for other than the following:
A. Principal Uses:
I) Single-family detached dwellings;
2) Single-family attached dwellings (including townhouses intended for fee
simple conveyance including the platted lot associated with the residence);
3) Villa/patio dwellings (detached single-family dwellings of a smaller scale
than the typical single-family detached dwelling);
4) Multi-family dwellings;
5) Model homes;
6) Golf courses and related facilities;
7) Commercial excavations - surolus fill material !!cnermed bY commercial
excavation denths maY be transported off-site only for use in the US-41
imnrovement DToiect associated \,,"jib this zonin!! aotlToval:
8) Project sales, construction and administrative offices, which may occur in
residential, and/or in temporary.
9) Any other principal use which is comparable in nature with the foregoing
list of pennitted principal uses, as determined by the Board of Zoning
Appeals ("B2.->\") by the process outlined in the Land Development Code.
A-I
Aqenda Item t\jo. ,~'B
N~ovember 13, 2007
Page 44 of 139
B. Accessory Uses:
Accessory uses and structures customarily associated with the permitted principal
uses and structures, including. but not limited to:
I) Customary accessory uses and structures including, but not limited to,
private garages, swimming pools with, or without screened enclosures.
gatehou$es~ and other outdoor recreation facilities;
2) Polling place if deemed warranted by the Supervisor of Elections.
II TRACT RA PERL'\1ITTED USES:
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or in part, fOT other than the following:
A. Principal Uses Typically Accessory to Residential Development:
I) Structures intended to provide social and recTeational space (private,
intended fOT use by the residents and their guest only).
2) Outdoor recreation facilities, such as a comrmmity swimming pool, tennis
and basketball courts, playground improvements/facilities, and passive
and/or active water features.
3) Any other principal use which is comparable in nature with the foregoing
list of permitted principal uses, as determined by the Board of Zoning
Appeals ("BZA") by the process outlined in the Land Development Code.
B. Accessory Uses:
Accessory uses and structures customarily associated with the permitted principal uses and
structures, including, but not limited to:
1) Customary accessory uses or structures incidental to recreation areas and, or
facilities~ including structures constructed for purposes of maintenance,.
storage or shelter with appropriate screening and landscaping.
III DEVELOPMENT ST......'\TDARDS
A. GENERAL: Development of The Naples Reserve RPUD sball be in accordance
with the contents of this Ordinance and applicable sections of the Collier County
Land Development Code (LDC) and Grov,1h Management Plan (GMP) in effect at
the time of issuance of any development order, such as~ but not limited to, final
subdivision plat, final site development plan, excavation permit, and pTeliminary
work authoTizatio~ to \>vruch such regulations relate. Where these regulations fail to
provide developmental standards, then the provisions of the most ~imilar district in
the LDC shall apply.
A-2
Aaenda Itsm t'-Jo. 88
t,.Tov8mber 13. 2007
Page 45 of i 39
Except as provided for herein, all criteria set forth below shall be understood to be in
relation to individual parcel or lot boundary lines, or between structures.
Condominium, andlor homeowners' association boundaries shall not be utilized for
determining development standards.
There shaH be no more than 1154 residential dwelling units permitted which
provides for a maximum gross density of 1.67 dwelling units pre acre. A minimum
of 612 Transfer of Development Rights Credits sball be obtained to achieve the
maximum gross density.
B. Table I below sets forth the development standards for land uses within the
Residential PUD Residential Subdb'1rict. Standards not specifically set forth herein
shall be those specified in applicable sections of the LDC in effect as of the dare of
approval of the SDP or Subdivision plat.
IV SIGNS
For the purposes of this RPCD, the LDC provisions from Section 5.06_02.A..6. are applicable
for off-premise signage.
A-3
,.u,G~nc~a Item f-.jo, ES
!'Jovember 13 2007
F'age 46 of 139
EXHIBIT B
TABLE I
RESIDENTIAL DEVELOPMENT STANDARDS
DEVELOPMENT STANDARDS SINGLE FAMILY SINGLE FAMILY PAnO HOME MULn- CLUBHOUSEj
DETACHED ATTACHED & & VilLAS FAMILY RECREATION
TOWNHOUSE BUILDINGS
PRINCIPAL STRUCTURES
MINIMUM LOT AREA 2,250 S_F. PER 2,250 S.F. PER 2,250 S.F. PER 2,250 S.F. PER 10.000 S.F.
UNIT UNIT UNIT UNIT
MAXIMUM LOT AREA 1 Acre N/A N/A N/A N/A
MINI,f.UM LOT WIDTH =o!lLFEET 25 FEET 4I).2.>,FEET 25 FEET N/A
MlN1I\'IUM FLOOR AREA 1 ,000 S.F , ,000 S.F , ,WG-QQQ,S.F 1,000 S.F./D.U. N/A
MIN FRONT YARD 20 FEET 20 FEET 20 FEET 20 FEET N/A
MIN fiDE YARD 6 FEET o FEET or 3 FEET or GREATER OF <> I N/A
6 FEET 9 FEET lQ.FEET OR y,
BH
WdN REAR YARD , 5 FEET I 15 FEET , 5 FEET , 5 FEET N/A
MIN PRESERVE SETBACK 25 FEET 25 FEET 25 FEET 25 FEtI 25 FEET
MIN. ISTANCE BETWEEN 12 FEET 1 2 FEET 1 2 FEET GREt>.TER OF +;! N/A
STRU p-U R ES 1Q..FEET OR y,
THE SUM OF BH
MAX BUILDING HEIGHT NOT 35 FEET 140 FEET 35 FEET 75 FEET 50 FEET
TO E CEED I ACTUALJ
ACCESSORY STRUCTURES
FRONT S.P.s. S.P.S. S.P.s. S.P.s. 20 FEET
I
SIDE I S.P.S. S.P.S. S.P.S. S.P.S. V:! BH
.
REAR (ATTACHED) 5 FEET 5 FEET 5 FEET 5 FEET 1 0 FEET
:DETACHED) 20 FEET 20 FEET 20 FEET 20 FEET 20 FEET
PRESERVE SETBACK 1 0 FEET 1 0 FEET , 0 FEET 1 0 FEET , 0 FEET
MINIMUM DISTANCE 1 2 FEET 1 2 FEET , 2 FEET , 2 FEET Greater of 15
BETWEEN STRUCTURES f~et or 1/:>. BH
MAX. BUILDING HEIGHT NOT 35 FEET 35 FEET 35 FEET 35 FEET 40 FEET
TO EXCEED I
S.P.$. = Some os Principal Structures
BH ::::: Building Height - unle.ss otherwise noted all buildino neiohts shall be "zone-d" buHdino ~iahts m defined in the LDC.
B-1
Notes:
PR:JPt:P.!Y
LINE
,L,gendc-: \tern ~'JO. 88
November 13. 2007
Page 47 of 139
1)
No structUres are permitted in the required 20-foot lake maintenance easement No setback is required
for structures adjacent to a lake maintenance easement.
2)
Side yards _ No side yard shall be required between units wben more than one residential unit is in a
single structure (i.e.: attached single-family and townhomes). Varying side yards are provided to
allow side entry garages and to maintain the required separation between buildings.
3)
The LDC standards for cluster residential design, as set forth in the Rural Fringe Mixed Use District,
shaH apply to residential land uses within this RPUD.
4)
Terraced setbacks are permitted for either two or three 5>1:01)' multi-family structures. Setbacks shall be
measured from that ground floor exterior wall of lesser height as long as a minimum 15 foot building
wan setback is provided as depicted in Figure 1 below.
5)
Entrance features (Le.: monwnentation, clock towers and colonnades) shall be limited in height to no
greater than 50 feet which may be located at the project entrance.
6)
For all residentiallmits. Q"3rd2"eS snan be located a minimum of 23 feet from the back of the sidewalk
dosest to the ~ara\!e. excePt for side load e:ara!!cs. whereIn a oarkin<Y area :23 feet in depth must be
orovided ncrnendicular to the sidewalk to avoid vehicles beim~ narked across a 00[t100. or all of the
referenced sidc\\'alk.
~,
15."'11'
OJ] ilO1 OJ] 1 lOll]
Figure 1
B-2
EXHIBIT C
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EXHIBIT D
Legal Descriplion
Section 1, Township 51 South, Range 26 East, Collier County, Florida
Aoenda Item No. 88
rJovember 13. 2007
Page 49 of 139
Aoencia !tsm No ~~'3
b.Tovemher '13,2007
Page 50 of ~1 ::)9
EXHIBIT E
LIST OF REQUESTED DEVIATIONS FROM LDe
Deviation #1 seeks relief from LDC Section 6.06.01.(0), for "cul-de-sac and local streets, and LDC
Appendix B, Typical Street Section~ B-2 and B-3, and Section III, Exhibit "A'\ Design Requirements for
Subdivisions C.J3.e. of the Administrative Code for Collier County Construction Standards Manual
adopted through Ordinance No. 2004-66 tbat requires 60 feel, to allow 50 feet. A 50-foot right-of-way is
permitted in this RPUD to provide for flexibility in development design, 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 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. Deviation 1 from Sub-section
6.06.01(0) of the LDC, for cul-de-sac and local streets, and LDC Appendix B-2 and B-3 for cul-de-sac
and local streets respectively, and Section III, Exhibit "A", Design Requirements for Subdivisions C.13.e.
of the Administrative Code for Collier Connty Construction Standards Manual adopted through
Ordinance No. 2004-66 wbich requires 60 feet to allow 50 feet. (See Exhibit C, RPCD Master Plan).
These streets shall be private, and shall be classified as local streets.
Deviation #2 seeks relief from Section lIT, Exltibit "A", Design Requirements of Subdivisions C.13.j. of
the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance
Number 2004-66, that requires tangents to be provided benveen reverse curves on all streets. This RPCD
will not require tangents betv.:een reverse curves in order to provide greater subdivision design flexibility.
All internal roads within tbe RPUD will be private, and have low posted speed limits, and will have a
curvilinear design that has been shov"n to act as traffic caImmg measures by reducing local traffic speeds.
Additionally, the flat terra-in found on site does not warrant the need for tangents. This is a reasonable
deviation tbat has been applied throughout tbe County, and does not comprise a risk to public health,
safety and welfare.
Tangents between reverse curves are not required for any local street design in this RPCD. Deviation 2
from Section III, Exhibit "A", Design Requirements for Subdivisions C.13.j. of the Administrative Code
for Collier County Construction Standards Manual adopted through Ordinance No. 2004-66.
Deviation #3 seeks relief from LDC Section 5.04.04.B.5.c., tbat functionally limits the number ofmode1
homes to allow one model home for each variant of the residential product proposed in the project. In an
effort to provide a variety of residence styles and floor plans within the development, it is essential not to
arbitrarily limit the opportunity of a home buyer to see the creativity of the architecture proposed in a
development. To do so could result in monotonous tract housing reminiscent of the "new town"
movement after the end of the World War 11. Tbis deviation is appropriate, and does not negatively affect
the health and safety, nor welfare of the future residcms oftbe development.
The Naples Reserve RPUD may have one model home representing each type of residential product. The
number of model homes may exceed five, but shall not exceed a total of ten. Deviation 3 from LDC
Section 5.04.04.B.5.c. tbat limits the total number of model homes in a single development to five_
E-I
Agenda item No. 88
November 13, 2007
Page 51 of 139
Deviation #4 seeks relief from Section lII. Exhibit "A". Desion Requirements of Subdivisions C.]).f. of
the Administrative Code for Collier County Construction Standards Manual adopted throue:h Ordinance
Number 2004-66. limits cuI-dc-sac Ienoths to 1000 feet or less. This RPUD mav have cul-dc-sacs witb
lemrths 2reater than 1000 feet. The RPUD lands are relativelv without topographic relief. so l.:!reater sizht
distances would allow lon!Zer dead-end streets without ieopardizing the safety of the future residents.
Further. the turning radii of the terminal cuI-dc-sacs wllI meet or exceed annl1cable COlin!\-' and National
Fire Protection Association requirements.
Cul-de-sac len~tbs in the Naples Reserve RPUD may exceed 1000 feet.
::,eleLs :elief HElm LDC SI1BseGtiaR ,:: .96.9'" ./..1.6.. '(:ReTe ~l=te Fr:e:dmHFFl i:iH8'i','a.ele l=tei;l=It of s:;fla;e is ei;ht
feet. Tl1e "'*':ieet ~. e~erl)' ic 'Of "rated fro", the prima,) acto" ~"iRt OR ,_, .S. 11 BY af~r8"iR'latcly 9.15
rnPer. 11: aFl eFfert t8 rrtl'.'iae n \ iSl:l.al lansma-rl: to iclan::fy the prejeet frer-.r. t.l1at dis-l.~ee, tRo P.l"L1D
Dee\:lmeat prEJ':iaes for eRt:")' features that Faa:: iFl.e11:1l3e el8el~ to',yer:., Ff.elll-l:Bcnta:~ion~ a::lt!./er eelr::H'l.:Ra1:s
that mal So "l' Ie fifty feet iR hei;;",. Th:s ao"ialieR ~ro':iaes f-er project iJeRtifiGe.tieR cih'fl"bC, Bot
e::::::eeai!'l.f :AE area pre'o'id~d fer by tHe L'C'C, {Rat may re attaehed to t;P.c: fFltr:/ fcat:.:r:::~ bl:l~ rR::J.)' :;ot c::l2ed
tHe h:i;h-t ofth8 entry fea-Rife.
:\t tEe EliseretisFl srtfle ae'..e~ei'er, f1rejef~ ie~flt:fieatil3l: Si;fl:' mey 8e assezia4:ea v.<t11 the efl'1ra-Flz-e-f.eamre,
El1.:l4: may Flet e::ceea tRe Re:;M ef1:Re :::Rtranee fcatldre. Devioti8R 1 fr8ffi sl1E:seetieFl :.De.n~,.~"'~.l.a. '<':flue
1J:Je ffi&!HnmFfJ a~l(:rl,<a:b]e fi:::i;l.t of Si;I:a..;e i: ei~fl:t feet.
E-2
/;,c:!en~:2 !t~m No ~:8
!~-ov'8lTiher 13. 2007
?2~Je 52 of: 39
EXHIBIT F
LIST OF DEVELOPER COMMITMENTS
TRANSPORT AnON
The development of this RPUD shall be subject to and governed by the following conditions:
;\.........rterialle.;el stre:t Ji,;ktifl; shall 13: flre',';dea at all ae:ess f'sints aFla :'::JtT"~' :-0&1:1 e~f U.S. 11. :".eeess
liehtiR; ,h.1l ee iE ~]ace prior te t.fie in"","e eftlle fire! eff-t'tf_ of e"euplfiOj' (CO).
B.A. All traffic control devices, signs, pavement marking, and design criteria shall be in accordance
with the Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards
(MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Uniform
Traffic Control Devices (MUTCD), current edition.
Gji. Access Points shown on the RPCD Master Plan are considered to be conceptual: Nothing
depicted on any such Master Plan shall vest any right of 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.
~. Site-related improvements (as opposed to system-related improvements) necessary for safe
ingress and egress to this project,. as determined by Collier County, shall not be eligible for
impact fee credits. All required improvements shall be in place and available to the public prior
to commencement of on-site construction.
I;Q. Nothing in any dcvelopment order (DO) shall vest a right of access in excess of a right-infright-
out condition at any access point. Neither shall th~ existence of a point of ingress, a point of
egress, or a median opcning, nor the lack thereof, be the basis for any furore cause of action for
damages agairb-t the County by the developer, its successor in title, or assignee. Collier County
reserves the right to close any median opening existing at any time which is found to be adverse
to the bealth, safety, and welfare of the public. Any such modifications shall be based on, but not
limited to, safety, operational circulation,. and roadway capacity.
Fg. If any required turn lane improvement requires the use of existing County rigbts-of-way or
easement(s), then compensating right-of-way shall be provided at no cost to Collier Connty as a
consequence of such improvement(s) upon final approval of the tum lane design during the fIrst
subsequent development order (Le.: site development plan/subdivision p1at). The typical cross-
section may not differ from the existing roadway unless approved, in Miting, by the
Transportation Division Administrator, or his designee.
Gr:. If. in the sole opinion of Collier County, traffic signal(s), other traffic control device, sign.,
pavement marking improvement within a public right-of-way or easement, or site-related
improvements (as opposed to system related improvements) necessary for safe ingress and egress
to tins project, as determined by Collier County, is determined to be necessary, the cost of such
improvement shall be the responsibility of the developer, its successors or assigns. The
improvements shall be paid for or installed, at the County's discretion, prior to the issuance of the
first CO_
F-l
,Agenda it.em l\Jo. 8B
r,ovember i 3, 2007
Page 53 of 139
II. The RPl'P Haoter PI"" reflects a 199 foAl. ',cia. reser'atisR .Ion; the '.cest lJeURa.FO of the PUD.
Sksiilil ~R.e Cetlnty fina tHat it i::: fr'j3pret3riate 113 :r:FlJ3TElVG tfla~ [BoiEler. it "'ill pn:J'::ae for ae:ess to
the P:ea~''HRe StFB:Rd State Fere.:..t, as ?'ell as 18 l'rs';iae fer a f.ls:entio.l ee::meetioR to tAe u'iB.8it:;
CYl3ress pl_Tf) tEl t8:: "':est.
fQ. The RPUD Mas1er Plan reflects a 100' wide reservation for dedication along the western
boundary of the RPUD. Should the County find that it is appropriate to improve that corridor, the
Developer, its successor, or assigns shall agree to be a part of a joint pennit application with
Collier County for the specific purpose of modifYing the existing conservation easement. All
costs associated with the potential conservation easement modification, including any required
mitigation shall be the responsibility of tbe County. The 100' reservation shall be dedicated to
the County at no cost, and in fee simple title within 180 days of the County's request. The
developer shall provide a storm water mana2:ement system within the RPUD boundarY for
treatment/ret.ention of storm water contrihuted from the 100 foot reservation.
UTILITIES AND ENGINEERING
The development of this RPUD Master Development Plan shall be subject to and governed by the
following conditions:
A. The developer shall reserve four areas to be dedicated to Collier County Water & Sewer District
for raw water well easements with dimensions 100-foot by 100-foot each, and utility/access
easements that shall be 20 feet wide unless the well site is contiguous to a public rigbt of way.
The approximate locations of these proposed easements are depicted on the RPUD Master Plan.
The dedication shall occur at the time of site development plan, or frnal plat approval for the area
within the development phase thai contains the respective well sites.
At the time of the SDP and/or plat submittal, the developer shall provide tbe well site easements
that meet the standard setback requirements for water wells. If the surface water management
lakes for the subdivision are installed prior to the installation of production wells for the
SERWTP Wellfield, anticipated for 2012, a setback of 50 feet shall be required. If the surface
water management lakes are installed after the production wells a 300-foot setback shall be
required.
The County has further requested a test well at one of the proposed well sites. The County agrees
that the desired test well will not be converted into a production well until the water management
lake proposed near tbe test well is constructed in accordance with the 50 foot setback
standard. No additional production wells will be installed until the project's water maIlagement
lakes have been constructed or the year 2012~ whichever is earlier.
ENVIRONMENTAL
The development of this RPUD Master Development Plan shall be subject to and governed by the
follov.,ring conditions:
A. The Naples Reserve RPUD shall preserve 63_7 acres of vegetated areas consistent with the Land
Use Summary on the RPUD Master Plan.
F-2
PLANNING
Ag~~nca Item t\b. 28
f~overnber '13. 2007
F'a98 54 of 139
A. One WR credit shall be required for every five (5) gross acres of RFMUD land area utilized as
part of the golf course, including the clubhouse area, rough, fairways, greens, and lakes, but
excluding any area dedicated as conservation that is non-irrigated and retained in a natural state.
B. In order to increase residential density above the base density allowed in the Urban-Mixed Use
District, Residential Fringe Subdistrict and tbe AgriculmralJRural - Rural Fringe Mixed Use
District, Receiving Lands, 612 TDR Credits shall be severed from qualifYing Sending Lands, of
which a minimum of 311 TDR Credits shall be severed from Sending Lands within one mile of
the Urban Area.
c. Collier Countv and the Develouer of the Nanles Reserve RPUD have coooerated to ad{lress
affordable housinQ imoacts associated ",,!ith the Naoles Resen1e RPCD. The followin~ financial
contribution shaH be oaid by the developer. or its successors. and a-:si!!ns. to the Collier County
Affordable HOllSin2: Trust Fund.
Onc thousand dollars ($ 1.(00) per residential dwellinQ unit cons;tructed within the nroiect 5ihall be
naid to Collier Count'" within 7 days of the closing on eac.h residential dwe.lIing unit. The amount
set forth herein shall he reduced hv an\' amounts naid bv the devt::looer on behalf of Habitat for
Humanitv's pursuant to the De\'eJooer Contrihution A2'reement t:S 41 Developer:; Consortium
(DCA) to fund the shortfall after Habitat for Humanit\"s road impacl fees are applied nursUJJlt to
lbe DCA.
The n3vrnent of the slims set forth in this Section shall reflect a credit to the nroject' S o"bliQations
to Day any fees that Olav be adooted in the future bv the County relatini! to the nrovision of
affixdablc or workforce housin!!.
WATER MANAGEMENT
A. Constructed drainage facilities and structures shall be located outside the boundaries of
conservation easements/preserves.
B. The project's stormwater management system shan be designed to fully contain the 100~ycarI72-
hour design storm event \\1th a regulated discharge rate not to exceed 0.10 cfs/acre and no
increase in total volume of discharge.
C: AU elevations shall be based on the North American Vertical Darum (NA VD).
F-3
Agenda Item [\.10. 88
!~ov9mb9r 13. 2007
Page 55 of 139
Vanasse _
Daylor
~
US 41/SR 9S I DEVELOPER COOPERATION
AND FUNDING CONSORTIUM
June 20, 2007
Collier Boulevard (SR 951) & US 41
Collier County, Florida
Prepared For:
us 41 Developer Cooperation and Funding Consortium
PO Box 2529
Naples, FL 34106
Prepared By:
Vanasse & Daylor', LLP
}ob1t-.ons,OJ
12130 Now Brittany Boulevard, Suite 600, Fort Hyen. Florida 33907 T 239.431.4601 J 219.4374636 w vanday.com
P.genda It9m f'~o. B8
~~ovemb2r 13. 2007
P3ge 56 of 139
Table of Contents
INTRODUCTION... ..... ............ ..'" ........., ...."....... ................ ..... ..." ................................. ...-.........,... ......... 1
SUMMARY OF FINDINGS, CONCLUSIONS AND RECOMMENDATIONS... ................ ........ 1
BACKGROUND TRAFFIC DEVELOPMENT .......... ......... ... .......... ..... ..............-... 2
PROJECT TRAFFIC DEVELOPMENT. ........ ..... ............. ......,.. .................. ......._.....4
TOTAL TRAFFIC VOLUMES........ ... ....... ..... .... ............ .......... ..................-.. ...._....6
INTERSECTION CAPACITY ANALYSES .......... ........ ............... ............. ............ 7
List of Tables
Table 1 Average Daily Traffic (ADT) Counts
Table 2 Future Yoar Daily Projected Background Tmffic
Table 3 K & D Factors
Table 4 Peak Hour Peak Direction Background Traffic
Tablo 5 AM Peak Project Traffic
Table 6 PM Peak Project Traffic
Table 7 Total Traffic Volumes
Table 8 SYNCHRO<l> Analyses
Appendix
UHltSR 951
Pagel
Table of Contenu
J\genca item No. 38
November 13, 2007
Page 57 of 139
INTRODUCTION
Vanasse & Daylor LLP (VanasseDaylor) is providing this operational analysis of the Tamiami
Trail (US 41) & Collier Boulevard (SR 951) intersection in Collier County, Flolida. This
analysis is provided for the US 41 Developer Cooperation and Funding ConsOltium to determine
how long CeItain at-grade intersection improvements recommended in the US 41 PD&E study
prepllled for' FDOT will accommodate the future traffic demand,
These improvements include the maximum at-grade improvements possible, with triple left turn
lanes and triple through lanes at each approach, as weJl as dual eastbound and westbound right
turn lanes.
The following developments along the US 41 conidor from West of Comer Boulevard to San
Marco Road (CR 92) are part of lhe US 41 Developer's Coalition and were included as part of
lhis study:
. Tamlami Crossing
. Eagle Creek
. Reflection Lakes
. ASGM
. Naples Reserve
. Office Depot
. Links of Naples
. Royal Palm Golf Estates
. Blg Cypress RV Park
. Lo.ves '
. Southern Centers
SUMMARY OF FINDINGS, CONCLUSIONS AND
RECOMMENDATIONS
A1J shown in Table 8, the US 41 and Collier Boulevard intetsection, with the additional
intersection improvements recommended in the US 41 PD&E study pr'epared for FOOT, is
projected to fail duling the PM Peak by 2020 and the AM Peak by 2021,
US 41/SR 9S1
1:\JlrojKtS\8G9\&097S\T rafflc\M&y 2007 Update\B097S_MeM-003.do<l
Agenc~a Item !\JO. [:5
Nell/ember 13, 2007
Page 58 of 139
BACKGROUND TRAFFIC DEVELOPMENT
The daily backgt'Ound traffic fOI this study was developed by regression analyses of the traffic
counts on US 41 and Collier Boulevard from 1997 thtough 2006. This backgIOund truffic was
converted to Design Directional Hourly Volumes (DDHV) by the use of K}(JO and DIDO factors
ftom Collier County's ConcUIrency Table dated FebIuaxy 28'h, 2007. Table 1 shows the
histolical counts used in the regression analysis.
TABLE I
Average Cally Traffic (ADT) Count> (Collier County)
Location
Segment
1997 1998 1999 2000 2001 2002 2003 2004 2005 2006
U 5 41 (famlaml TralQ
US 41 (Tamlaml TraiQ
Collier Blvd. (5 R.. 95 I)
ColU.r8lvd (C.R.951)
West of Collier a/vd
East of Collier Blvd.
South of US. 41
North of USA I
23.40923.78022.14022,99226.08227,069 nta 27,758 n/a 30,379
10.677 11,048 10.970 10,789 12,552 12.570 nla 12,977 15,010 15.183
28,69230.33927,77329,34633,42234.288 34.132 35.556 n/a 39,198
17.41520,48222.32425.073 21,077 22,828 23.920 21.918 23,061 28,323
Table 2 shows the future year daily pJOjected background traffic volumes.
US 411SR 951
2
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Agenda Item !'0o. 88
November 13, 2007
Page 59 of 139
TABLE 2
US,~I U.s,~1 Colllel' Boulevard Comer Boulevard
Weft of ColJJar Boulevard East of Collier Boulevard SouthofU&~1 NorthofUS.~1
2007 30,800 15,300 39,600 28,600
2008 31,600 15,800 ~0,800 29,500
2009 32,500 16,300 42,000 30,500
2010 33,~00 16,800 ~3,200 31,400
2011 34,200 17,300 44.400 32,400
2012 35,100 17,800 45,600 33,300
2013 36,000 18,400 ~6,800 34,300
2014 36,800 18,900 48,000 35,200
2015 37,700 19,400 49,300 36,200
2016 38,600 19,900 50,500 37,100
2017 39,~00 20,400 51,700 38,100
2018 40,300 20,900 52,900 39,000
2019 41,200 21,~00 54,100 40,000
2020 42,000 21,900 55,300 40,900
,
Table ,) includes the daily to peak hour (K.) and directional distribution (D) factors for each leg
of the intelsection and was taken fi'Om Colliel County's Annual Update InventOlY Report
(AUIR) dated January 10th, 2007.
TABLE 3
U,S ~I US,~I Collier Boulevard Collier Boulevard
West of Collier' Boulevard East 0( Collier' aouleVlrd South of US, ~I NorthofUS~1
K,.. D,,, K,,, D,.. K,oo DlOo K,,, D,..
0,0956 0.56 0,0956 0,53 0,0956 0..55 00956 0,59
0,0956 0.44 0,0956 0,47 0,0956 CA5 0,0956 0.41
The application ofthese K and D factors to the fuMe backglOund daily traffic volumes resulted
in the Peak Hour Peak Directional background traffic that was used as a base for the future
SYNCHROlll analyses, This background traffic is shown in Table 4
U5 4IISR 9S I
3
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Page 60 of 139
TABLE 4
US.41 US,41 Collier Boulevard Collier Boulevard
West of Collier Boulevard East of Collier Boulew.rd SouthofUS.41 North of US. 41
Year Peak Off.Peak Peak Off.Peak Peak Off.Peak Peak Off.Peak
2011 1,831 1,439 877 777 2,335 1,910 1,827 1,270
2012 1,879 1.476 902 800 2,398 1,962 1,878 1,305
2013 1.927 1,514 932 827 2,461 2,013 1,935 1,344
2014 1,970 1,548 958 849 2,524 2,065 1,985 1,380
2015 2,018 1,586 983 872 2,592 2,121 2,042 1,419
2016 2,066 1,624 1,008 894 2,655 2,173 2,093 1,454
2017 2,109 1,657 1,034 917 2,718 2,224 2,149 1,493
2018 2,158. 1,695 1,059 939 2,781 2,276 2,200 1,529
2019 2,206 1,733 1,084 962 2,845 2,327 2,256 1,568
2020 2,249 1,767 1,110 984 2,908 2,379 2,307 1,603
PROJECT TRAFFIC DEVELOPMENT
Ten developments that are part of the US 41 Developer's Coalition were included in this
analysis, Each development's uaffic report was reviewed to obtain the AM and PM project
u'affic that was using the US 41 and Collier Boulevard intersection. Theil' turning movements
were compiled for both the AM and PM peak peIicds and are shown in Tables 5 and 6
respectively,
US4I1SR 951
4
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Agenda Item No. 88
November 13. 2007
Page 61 of 139
TABLE 5
Development Trip Assignments
AM Peak U5.il.E8 Collie.. Blvd. - SB US.41-we. Collier 8lyd. - NB
BIihl. IbrIL W1. llliIn. IbrIL J&fL llliIn. IbrIL J&fL BIihl. IboL J&fL otals
T.ml.ml Cro.sslng 13 64 0 0 20 20 0 II 0 0 36 57 221
Eagle Creek 5 0 0 0 5 0 0 0 2 0 I I 14
Reflection Lakes 0 9 0 0 0 5 17 30 13 4 0 0 78
ASGM 83 0 0 0 79 0 0 0 23 15 49 52 301
Naples Reserve 0 81 0 0 0 45 136 244 108 36 0 0 650
Office Depot 0 0 0 0 0 0 0 0 0 0 0 0 0
UnJcs of N,ples 0 29 0 0 0 16 26 47 21 13 0 0 152
Royal Palm Golf Estate 0 3 0 0 0 2 5 II 6 I 0 0 28
81g Cypress RV !':Irk 0 60 0 0 0 33 25 45 20 27 0 0 210
Lowes 0 7 10 3 9 0 0 7 I 0 0 0 37
Southern Centel'1 0 67 0 0 0 37 40 n 32 30 0 0 278
Totals 101 320 10 3 113 158 249 467 226 126 86 110 1969
TABLE 6
Development Trip Assignments
PM Peak U5.41-EB Collier Blyd. - 5B US41-W8 Collier Blyd. - NB
BIihl. IbrIL J&fL BIihl. IboL Wr.. BIihl. IhrIL J&fl. BIihl. IhrlL J&fL otals
Tamlaml Crossing 17 86 0 0 28 28 0 17 0 0 54 85 315
Eagle Creek I 0 0 0 I 0 0 0 0 I 4 4 II
ReftectIon Lakes 0 32 0 0 0 18 10 IB 8 14 0 0 100
ASGM 29 0 0 0 27 0 0 0 8 17 58 62 201
Naples Reserve 0 252 0 0 0 140 81 145 64 112 0 0 794
Ofllce Depot 0 6 5 0 8 II 0 10 0 0 10 0 50
LlnJcs 01 N,ples 0 59 0 0 0 33 23 41 18 26 0 0 200
Royal Palm Golf Estate 0 8 0 0 0 4 2 4 2 3 0 0 23
Big Cypress RV Park 0 95 0 0 0 53 59 107 47 42 0 0 403
Lowe$ 0 17 22 5 15 0 0 13 2 0 0 0 74
Southern Centers 0 24 0 0 0 14 17 31 14 II 0 0 III
Totals 47 579 27 5 79 301 192 386 163 226 126 151 2282
U541/5R951
s
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Agenda iTem No. 8B
hJO\'SiTi~:\'2r ! 3_ 2C)07
P('l-;W <32 or 139
TOTAL TRAFFIC VOLUMES
The backg1'Ound Peak How', Peak Directional traffic shown in Table 4 was added to the project
traffic nips shown m Tables 5 and 6 to produce total peak how trips at the mtel'section The
computation of the combmed n'sffic was complicated by the natwe of the existmg peak
directional traffic. In the AM Peak Period, the peak directions are Westbound and Southbound
while dwing the PM Peak Pe:riod, the peak directions arl} Westbound and Northbound. Table 7
shows the Total Traffic Volumes that were used as inputs mto the SYNCHRO~ analyses, Totals
are shown through the Year 2021 when the SYNCHRO@ analyses indicate total inte:rsection
failure fol both the AM and PM peak periods,
TABLE 7
Total Projected Turning Movement Volumes
US,41-E6 Collier 61~d, . 56 U.S.~I- WB Collier Blvd - N6
Right Thr' Left Right Thru L.ft Right Thru Left Right Thru Left
2011 AM 1,019 600 W 182 1,604 385 459 813 93 28 521 600
PM 1,282 803 649 283 981 402 572 771 69 36 1,~58 990
2012AM 1,046 616 249 187 1,648 395 472 837 96 29 535 616
PM 1,316 824 666 291 1,008 413 589 793 71 37 1,~97 1,017
2013 AM 1,072 632 255 193 1,698 407 488 865 99 30 550 632
PM 1,350 8-'16 683 299 1,038 426 609 820 7J 38 1,536 1,044
2014 AM 1,096 646 261 198 1,743 ~18 501 888 101 30 564 649
PM 1,380 864 698 307 1,065 m 625 8-'12 75 38 1,576 1,071
2015AM 1,123 661 267 204 1,792 430 514 912 104 31 579 666
PM 1,413 885 715 316 1,096 449 642 864 77 40 1,619 1,100
2016AM 1,150 677 274 209 1,837 441 528 935 107 32 593 682
PM 1,447 907 733 324 1,123 460 658 887 79 40 1,658 1,126
2017 AM 1,174 691 279 214 1,886 452 541 959 109 33 607 699
PM 1,477 92S 748 332 1,153 m 675 909 81 41 1,697 1,153
2018AM 1,200 707 286 219 1,931 m 554 982 112 33 621 715
PM 1,511 946 765 340 1,180 484 691 931 83 42 1,737 1,180
2019AM 1,227 723 291 225 1,980 475 567 1.006 115 34 635 731
PM 1,544 968 782 349 1,211 496 708 953 85 43 1,776 1,207
2020 AM 1,251 737 298 230 2,025 486 581 1,029 118 35 649 747
PM I,m 986 797 357 1,238 508 724 976 87 44 1,816 1,233
2021 AM 1,278 753 304 236 2,074 498 597 1,058 121 36 663 763
PM 1,608 1,008 814 366 1,268 520 744 1,002 90 45 1,855 1,260
US41/SR 951
6
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Agenda item No. 88
November 13, 2007
Page 63 of 139
INTERSECTION CAPACITY ANALYSES
The inteIl,ection lane configuration was detenmned by a recent PD&E study conducted by the
Florida Dep8Itment of Transportation (FDOT). This study showed three through lanes at each
approach, triple left turn lanes at each approach, dual eastbound and westbound right turn lanes,
single right turn lanes for the southbound and northbound approaches, with a channelized
northbound right turn lane. The analyses indicate that the intersection is projected to continue to
operate acceptably under Total Traffic conditions until the Year 2020 with the PD&E
recommended improvements Table 8 shows the results from the SYNCHRO@ analyses.
The analyses show that the PM Peak Petiod experiences increased delays until total intersection
failwe occurs in 2020. The AM Peak Period experiences increased delays until total intersection
failure occurs in 202 \.
us ~ltSR 951
7
1:\Pro)ect$\809\80915\TrafffclMlY 2001 Upd"t:~1S_HeM-OO).doc:
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p,qenda Item No. 88
j-J",]vember 13. 2007
Page 64 of 139
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Agenda Item ~jo. 88
November 13, 2007
Page 65 of 139
ApPENDIX
. SYNCHROs 6.0 AnalysIs Printouts
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HCM Signalized Intersection Capacity Analysis
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HCM Signalized Intersectlon Capacity Analysis
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Page 89 of 139
HeM Signalized Intersection Cap.clty An.ly.l.
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Agenda Item No. 88
November 13, 2007
Page 9'\ of 139
HCM Slgn.,zed Intersection Capacity Analy,l,
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Ye.r2017 - U.SAI/S.R, 951
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Agenda item f\lo. 8B
tiovelllber 13. 2007
Page 93 of 139
HCM Signalized Intersection Capacity Analysis
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Year 2017 - U SAIIS.R. 951
2017 . PM
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Agenda ltem No, 88
November 13, 2007
Page 95 of 139
HCM Signalized Intersealon Capacity An.lysls
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Year 2018. U,SAI/SJ', 951
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Synchro 6 Report
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Agenda Item t-Jo. 88
November 13, 2007
Page 97 of 139
HeM Signalized Intersection Capacity Analysis
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Year 2018. U S411S.R. 951
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,
Agenda Item I~o. 88
r~overnber 13, 2007
Page 99 of 139
HeM Signalized Intersection Capacity Analysis
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Year2019. U.S.4I/SR. 951
2019-AM
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Timings
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Agenda item No. 8B
November 13, 2007
Page 101 of 139
HeM Signalized Intersecdon Capacity Analysis
I: U.S 41 & Colllar Blvd
Year 2019. U.$.4 I 1$,1\, 951
201l. PM
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L,~;elldd ile:T1 !\jo, 3B
l-Jovember 13, 2007
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Timings
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Agenda Item I~o. 88
November ~13. 2007
Page 103 of 139
HeM Slgnal"ed Int."ectlon Capacity Analysis
I: U.S 41 Be Collier Blvd
Year 2020 . U5.4I1S.R. 951
2020 . AM
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p.,';;enc~a 118m No. 33
Nov9n~ber i 3, 2CG7
Page 104 of '1 3~j
Timings
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Year 2020,. US 4I1S.R. 951
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Agenda Item No. 88
November 13, 2007
Page 105 of 139
HeM Signalized Intersection eapaclty Analysis
I: U.S. 41 & Collier BNd
Year 2020 . US 4I1S.R. 9S I
2020 . PM
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Synchro 6 Jl..eport
1:\ProlectS\809\80975\Traffic\MilY 7,007 Update\Synchro\2020J)M l'/7
Aqenda :Lem l\!C. oS
r~'ovelllber 13.. 2007
Page 106 of 139
Tlmlngs
I: US 41 & Collier Blvd.
Y..r2021- U.SAI15.R 951
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HeM Signalized Intersection Capacity Analysis
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HeM Signalized Intersection eapaclty Analysis
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Page 11201139
Timings
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Page 114 of 139
Item VI.B.
ENVIRONMENTAL ADVISORY COUNCIL
STAFF REPORT
MEETING OF MAY 7, 2006
I. NAME OF PETITIONER/PRO.JECT:
Petition Name:
Applicant/Developer:
Engineering/Planning Consultant:
Environmcntal Consultant:
Planned Unit Development
No. PUDZ-A-2006-AR-9374
Naples Reserve RPUD
Naples Reserve, LLC
RWA, Inc.
Southern Iliomes, Inc. -
Division of EnvirOlIDlental Services
Petition No.:
II. LOCATION:
Thc subject property is an undeveloped 688 acre parccllocated approximately one
quarter 1/4 mile nOlth of US-41 and two (2) miles east of Collier Boulevard (CR-
951) in Section 1, Township 51 South, Range 26 East, Collicr County, Florida.
III. DESCRIPTION OF SURROUNDING PROl)ERTIES:
The project site is bordered to the north and west by undeveloped land, to the east
by agricultural activities, and to the south by partially developed and undeveloped
pro pelty.
ZONING
DESCRIPTION
N-
Agricultural (Ilelle Meade NRP A)
Forested (Picayune
Strand State Forest)
S -
PUD (Walnut Lakes)
Agricultural
Partially Developed
Fallow Farm Fields
and Forested
E-
Agricultural
Farm Fields
w-
PUD (Winding Cypress DR!)
Partially Developed
EAC Meeting
Aaenda Item 1\.]0. 38
N-ovember 13. 2007
Page 115 of 139
Page 2 of 12
IV. PROJECT DESCRIPTION:
The Naples Reserve RPUD shall be a residential development consisting of a
mixture of single-family and multi-family residences. TIlis PlJDZ-A proposes to
add 612 units to the existing PUD known as Naples Reserve Golf Club for a
maximum of 1154 residential dwelling units (including attached and detached
single-family villas). The gross project density, therefore, shall be a maximum of
1.68 dwelling units per acre. The commercial acreage and 18 holes ofthe 36 hole
golf course has been eliminated.
The subject property was previously approved on.June 8, 1999 for Ordinance No.
99-42 as Naples Reserve Golf Club PUD. The subject property contained 688
acres, with 3.50 acres for commercial use and 552 residential units at a density of
1.50 units per acres and a 36 hole golf course. Two extensions for the previously
approved PUD were granted:
AR- 5107
Robert Duane of Hole Montes requesting a zoning letter addressing two issues:
the extension of the PUD zoning for Naples Reserve that sunsets the 8th of June
2004 which is 5 years li'om the date of approval; and, whether density blending
can be implemented for Naples Reserve during the platting or SDP process as
opposed to rezoning the propel1Y.
AR- 5752
Robert Duane of Hole Montes, Inc., representing Naples Reserve Golf Club, Inc.,
in requesting a PUD zoning extension for PUD-99-03, Naples Reserve Golf
Club. TIlis request is for two 2-year extensions to be granted simultaneously from
June 8th, 2004 the date of the PUD expiration to June 8th, 2008.
Revised title (4/22/04) Petition: PUDEX -2004-AR-5752. (KD) Naples Reserve
Golf Club, Inc., represented by Robert Duane, A.I.C.P., of Hole Montes, Inc.,
requesting 2 two-year extensiom of the Naples Reserve Golf Club PUD pursuant
to LDC Section 2.7.3.4.6. The propmiy is located 1.3:10 miles east of County Road
951 and approximately one mile north of US Highway 41, in Section I, Township
51 South, Range 26 East, Collier County, Florida, consisting of 68800 acres.
SDP 2000-025, Naples Reserve Golf Club was approved on December 5, 2000
with entrance road, extension of utilities along the entrance road and turn lanes on
US-41 constructed. The SDP is determined to be vested by the Engineering
Services Depmtment.
EAC Meeting
;1,aenda Item No. 88
r'.)~overnb'3r 13. 2007
Page '116 of 139
Page 3 of 12
V. GROWTH MANAGEMENT PLAN CONSISTENCY:
Future Land Use Element:
The subject project straddles two land-use designations; 310.94:1: acres is
designated Urban (Urban-Mixed Use District, Residential Fringe Subdistrict) and
the remaining 377. I 6:1: acrcs is designated Agricultural/Rural (Rural Fringe Mixed
Use District, Receiving Lands), as identified on the Future Land Use Map of the
Growth Management Plan. Relevant to this pctition, the Urban Residential Fringe
Subdistrict pell11its residcntial development at a maximum density of 1.5 DUI A or
up to 2.5 DUI A via the transfer of up to ] DUI A !l'om lands designated as Rural
fringe Mixed Use District, Sending. The base residential density llllowable for
designated Receiving Lands is one unit per live gross acres, with a maximum
density of one unit per gross acre achievable through the Transfer of Development
Rights (TOR) process.
This petition relies on multiplc provisions in the Puture Land Use Elemcnt to
achieve consistency. The portion of the project located within the Urban (Urban-
Mixed Use District, Residential Fringe Subdistrict) designated area is eligible il)r
a density of2.5 DU/A or 777.35 DUs and the portion of the projeet located within
the Agricultural/Rural designation is eligible for a density of] DIJ/A or 377.]6
DU s. (TDRs from lands designated Sending are required in order to achieve these
maximum densities.)
The requested project density of 1.77 DU/A or 1,154 DUs may be achieved as
calculated above and distributed throughout the project acreage via the Density
Blending provision in the FLUE.
This project straddles the Urban Mixed Use and Rural Fringe Mixed Use District,
Receiving Lands. As such the "Dcnsity Blending" provision of the (iMP intended
to encourage unified plans of development and to preserve wctlands, wildlife
habitat, and other natural features that cxist within properties that or that straddle
Receiving and Neutral Lands within the Rural Fringe Mixed Use District.
^ pOltion of this project is located within the Urban Residential Fringe
Subdistrict. As such is to provide transitional densities between the Urban
Designated Area and the AgriculturallR ural Area and may be allowed a maximum
residential density 01'].5 units per gross acre.
The project is required to provide a Transfer of Development Rights. The prim31Y
purpose of the TDR process within the Rural Fringe Mixed Use District is to
establish an equitable mcthod of protecting and conserving the most valuable
environmental lands, including large comleetcd wetland systems and signilicant
areas of habitat for listed species, while allowing property owners of such lands to
EAC Meeting
P.genda Item No. 88
November! 3. 2007
Page 117 of 139
Page 4 of 12
recoup lost value and dcvclopmcnt potcntial through an economically viable
process of transfell'ing such rights to other more suitable lands. Within the Rural
Fringe Mixed Use Disttict, residcntial density may be transferred from lands
designated as Sending Lands to lands designated as Receiving Lands on the
Future Land Use Map. The base residential density allowable for designated
Receiving Lands is one (1) unit pcr fivc (5) gross acres (0.2 dwelling units per
acre). The maximum density achievable in Rcceiving Lands through the TDR
process is one (1) dwelling unit pel' acre. This maximum dcnsity is exclusive of
the Density Blending provisions. Dwelling units may only be transferred into
Receiving Lands in whole unit increments (fractional transfers are prohibited).
The pctitioncr is not requesting additional density above the maximum dcnsity
allowed; lOU/A.
The PUD Document limits the maximum lot size for single-family detached
dwelling units to 1 acre.
The majority of the projcct dcvclopmcnt is within the Receiving area, which has
bccn prcviously clearcd. The native vcgetation is located within the urban portion
of the project which is proposed for preservation, as idcntified in the PUD
Document and Master Plan. Comprehensive Planning staff defers to
Environmcntal Scrvices staff for project consistency with this provision.
The total project is 688 :t acres; 310.94:t acres within thc Urban Residential
Fringe Subdistrict and 377.16::,: acrcs within thc Agricultural/Rural, RMFUD
District, Rcceiving Lands.
The minimum open space rcquircment of 70% for the portion of the project
locatcd within the RFMUD, Receiving Lands is idcntilied in the I'LJD Documcnt
and Master Plan. Specilic compliance will be dctcrmincd during Plat and SDP
review.
Refcr to the "Analysis of Density Blending Provision" above. (The cntire project
shall meet the applicable preservation standards of the Rural Fringe Mixed Use
District. These prescrvation requircments shall be calculated upon and apply to
the total project area.) Comprehensive Planning statf defcrs to Environmental
Services stafffor project consistency with CCME Policics.
Based upon the above analysis, staff concludes that the proposed uses and density
may be deemed consistcnt with the Future Land Use Element. Additionally, text
revisions to the PUD document are needed, as noted above.
EAC Meeting
AClsnda Item ~,jo. 88
r~':::V'2llib'2r 13. 2007
Page 118 of 139
Page 5 of 12
Conservation & Coastal Management Element:
Objective 2.2 of the Conservation and Coastal Management Element of the
Growth Management Plan states "All canals, rivers, and flow ways discharging
into estuaries shall meet all applicable federal, state, or local water quality
standards" .
To accomplish that, policy 2.2.2 states "In order to limit the specific and
cumulative impacts of stOlmwater runoff, stormwater systems should be designed
in such a way that discharged watcr docs not degrade receiving waters and an
attempt is made to enhance the timing, quantity, and quality of fresh water
. (discharge) to the estuarine system".
This project is consistent with the objectives of policy 2.2.2 in that it attcmpts to
mimic or enhance the quality and quantity of water leaving the site by utilizing
interconnected dry detention area(s), lake(s) and a wetland(s) to provide water
quality retcntion and peak flow attenuation during storm evcnts.
Pur,uanl to Ohjective 2.4 and Policies 2.4.1, a copy of the Environmental Impact
Statement will be provided to staff and the Rookery Bay National Estuarine
Research Reserve for their review.
In aecordanec with Objective 6.4 and Policy 6.5.2, a 300 foot huffer (water
management lake) is pl'Ovided along the north sidc of the property adjacent to the
Natural Reservation (Belle Meade NRP A), to butler the Natural Reservation Ii'mn
more intensive open space uses.
In accordance with Policy 6.1.1, 25 % of the existing native vegetation shall be
retained on-site and set aside as preserve areas with conscrvation casements
prohibiting further development. On-site preserves are adjacent to each other and
to adjoining ofT-site preserves.
Habitat management and exotic vegetation removal/maintenance plans are
required at the time of Site Development Plan/Construction Plan submittal.
Preserve areas shall be required to be maintaincd free of Category I invasive
exotic plants, as defined by the Florida Exotic Pest Plant Council.
Littoral shelf planting areas within wet detention ponds shall be required at the
time of Site Developmcnt Plan/Construction Plan submittal, and will be required
to meet the minimum planting area requirement in Policy 6.1.7.
The requirement for an Environmental Impact Statement (FIS) pursuant to Policy
6.1.8 has been satisfied.
EAC Meeting
Aaerlda item No. 88
N~overnber 13. 2007
Page 119 of 139
Page 6 of 12
Jurisdictional wetlands have been identified as required in Policies 6.2.1 and
6.2.2. Pursuant to Policy 6.2.4, the County shall rcquire appropriate agency
permits prior to the issuance of a final local development order pcrmitting site
improvemcnts (Site Development Plan/Construction Plans). SFWMD and
USACOE permits have bccn issucd for the site.
In accordance with Policy 6.2.6, required preservation arcas arc identified on the
PUD master plan. Allowable uses within the prcserve areas are included in the
PUD document. Uses within preserve arcas shall not include any activity
detrimental to drainage, Hood control, water conservation, crosion control, or fish
and wildlife conservation and preservation.
Wildlife surveys and habitat managcmellt plans for listed species in accordance
with Policy 7.\.2 are includcd in the Environmcntal Impact Statement (EIS).
Pursuant to Policy 7.\.4, all development shall comply with applicable fcderal and
state pcrmitting requirements regarding listed specics protcction. New listed
species have been identificd on site since the prcvious PUD and SDP wcrc
approved. Teclmical assistance/approval from the U.S. Fish and Wildlife Service
(USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC)
shall be required prior to Site Development Plan/Construction Plan amendmcnt
approval. A copy of the EIS will he forwarded to the USFWS and FFWCC for
their revicw. The Biological Opinion previously issued by thc USPWS is includcd
as part of the EIS.
VI. MAJOR ISSUES:
Stormwater Mamll!ement:
Naples Reserve sits in the "US 41 Outfall Swale No. I Basin". The site is
cUlTently being used for Agricultural purposes and has a system of swales and
ditches for drainage. Shcetflow in the area is generally north to south and
ultimately flows to Rookery Bay via the Tamiami Canal, which Hows west into
Henderson Creek.
Section 8.06.03 0.2. of the Collier County Land Development Code states "The
surface water management aspects of any petilion, (hat is or will be reviewed and
permitted by South Florida Water Management District (SPWMD), are cxcmpt
from review by the EAC." County Staff could not find reference to a SFWMD
pennit for this site on the SFWMD wcbsite, but due to the presence of wetlands
on site, this petition will be reviewed by SFWMD.
This will be a typical Residential/Golf Course devclopment employing
interconnecled lakes and preserves to achieve water quality rdention and peak
EAC Meeting
.G.aenda It21Tl No 28
N-ovember 13. 2007
Page 120 of 139
Page 7 of 12
flow attenuation prior to discharge to the south at the southwest corner of the site.
The offsite discharge will flow along the west propeliy line of Walnut Lakes and
into the US 41 roadside (Tamiami) canal.
Environmental:
Site Description:
The majority of the site was previously cleared and utilized for agricultural
purposes. Site Development Plan No. SDP-2000-025 authorized clearing for
lakes, residential areas, and other infrastructure improvements. Native forested
areas remain in established preserves and in an un-cleared tract in the SW pOltion
of the property. Immediately NE and contiguous to the PUD, in the Belle Meade
NRP A, is a 320 acre off-site mitigation parcel previously used by the developer as
mitigation for impacts to wetlands and listed species on-site.
Wetlands:
The proj ect site has reccived permits and penllit extensions from the South
Florida Water Management District (Pennit #1 1-00090-S) and the U.S. Army
Corps of Engineers (Permit 11199900619 IP-SB). All wetlands designated for
impact were previously cleared and filled. A total of 47.03 acres of low quality
wetlands were impacted.
According to the lJSACOE permit for the project, of the 74.61 acres proposed for
preservation, 55.67 acres are to be enhanced by removal of exotic vcgetation and
restoration of the historic wctland condition. Also, along the fringes of the
preserves, an additional 10.70 acres of cypress marsh and wading hiI'd foraging
habitat will be created in areas previously cleared for agricultural purposes, and
5.24 acres of pine and palmetto uplands will be preserved and enhanced by
removing exotics. The down stream portions of the waler management lakes
adjacent to the preserves are to be enhanced hy planting native wetland vegetation
water ward to a depth of 1.5 fect below control elevation. Additionally, 320 acres
of off-site wetlands and uplands in Section 31 will be enhanced and/or restored,
and tllen deeded to the Slale of Florida (FDEP). Details of the on and off site
mitigation plans are included in thc USACOE permit and Ers. Preserves mus( me
maintained free of exotics and not be allowed to retain a percentage of exotics as
stated in the ErS.
Preservation Reouirements:
Pre-developmcnt indigcnous native vegetation on-site totaled 164.54 acres. At the
time the PUD and SOP were approved, twenty-five percent of the existing native
vegetation had to be retained on-sitc (164.54 aercs x .25 = 41.1 acres). Since the
PUD and SDP wcre both previously approved and vegetation cleared in
~Agenda Item !~o. 38
Nov8mbei' 13. 2007
Page 121 of 139
EAC Meeting
Page 8 of 12
accordance with the approved SOP, the native vegetation preservation
requirement does not change. SOP 2000-025 was detem1ined to be vcsted by the
Engineering Services Department. All preserves and the remaining un-cleared
pOltion of the propel!y are all located in the Orban Residential Fringe Subdistrict
pOltion of the PUD.
CUl1'ently the subject property contains 75.31 acres of native habitat. The PUD
proposes to preserve 63.91 acrcs of existing native habitat and restore an
additional 10.70 acres of disturbed habitat into cyprcss marsh and wading bird
foraging habitat, adjacent to the preserves. Native habitats on-site include hydric
and non-hydric pine, pine-cypress, cypress and pine-palmetto.
The preserves on site bave been designed to create large contiguous tmcts.
Although the entrance road biscets the two preserves, the road was located to
avoid wetland impacts and to follow the approximate location of the existing
agricultural berm and ditch. Preserves on site are contiguous to off site preserves
within Winding Cypress PUO and Walnut lakes PUD. Immcdiately south west
and contiguous to the project's on-site preserves, is land owned by the State of
Florida (FOEP).
Listed Sllecies:
The first listed species survey was conducted Juring the months of August 1998,
and again in January and February of 1999. The most recent updated live day
survey was conducted during the months of November and Decembcr of 2005.
The primary function of the survey was to inspect the matmc slash pine trees lor
potential red-eockaded woodpecker (RCW) cavity trees, and to obtain a general
assessment of habitat conditions and sighting oflisted species.
Ten listed species were observed during the survey update, American alligator
(Alligator mississippiensis), great egret (Casmerodius albus), little blue heron
(Egretta eaerulea), snowy egret (El!retta thula), tricolored heron (El!retta tricolor),
white ibis (Eudoeimus albus), Florida sandhill crane (Orus canadensis pratensis),
southern bald eagle (HaJiaeetus leueoeephalus), wood stork (Mvetcria amerieana)
and Everglades snail kite (Rostrhamus soeiabiJis plul11beus).
No red-coekaded woodpecker (RCW) cavity trees or RCW activity was observed
during any of the survey events. Recent listed species surveys on the adjacent
propel!y (Winding Cypress PUD) also did not discover any RCW activity. Red-
cockaded woodpeckers are known to occur in areas north and cast of the project
site in the Belle Meade NRPA.
One immature bald eagle has been observed on several occasions flying over the
south western edge of the property, and once perched in a pine tree near the
EAC Meeting
Agewja Item No, 88
~-.JovelYlber 13, 2007
Page 122 of 139
Page 9 of 12
northern end of the preserve. The agricultural ditches in this arca may be
providing foraging opportunities for this species since the eagle has been observed
making low flights along the ditches.
On several occasions, there were two, sometimes tlu'ee, sand hill cranes observed
within the Jium fields. When observed Hying, they typically flew to thc cast or
from the east.
There have been one or two snail kites observed regularly along the eastern edge
of the farm field, and have been seen landing on the oak trees planted along
Greenway Road. To the east of the property are large extensive abandoned and
active fan11 fields with numerous ditches, which the snail kites may be utilizing.
Many of the perimeter ditches retain water for six to nine months of the year,
offering foraging opportunities for wading birds. When the fields are active, they
are either being pump dry or being filled to maintain a moisture regime
throughout the fields. This practice provides year-round foraging habitat for
wading birds. Typically, during the slIl'vey, woodstorks, white ibis, great egret,
snowy egrct, and little blue heron were observed somewhere along the ditches.
Occasionally, following a rain event, the farm JieJds have dozens of wading birds
foraging in large flocks.
Two alligators have been observed within the borrow pond and ditches on several
occasions during and before the survey. It is likely that several other alligators are
also located within the agricultural ditches, but were not observed.
The U.S. Fish and Wildlife Service made a determination that the proposed
development impacted Florida panther habitat. For compensation, 320 acres
located contiguous to the north eastern corner of the propelty will he placed in a
conservation easement, enhanced und deeded over to the State of Florida. The
south cast p0l1ion of the off-site mitigation parcel contains an abandoned farm
field which will be restored by creating open deprcssional areas within the center
of the old fal111 ficld and planting the area with indigenous vegetation to mimic a
cypress wet prairie ecosystem. A location map, FLUCFCS map, and the
mitigation and maintenance plan for the ofT-site mitigation parcel is included in
the ElS.
EAC Meeting
Agenc.la item t~o. 88
November 13, 2007
Page 123 of 139
Page 10 of 12
VII. RECOMMENDATIONS:
Staff recommends approval of Planned Unit Development No. PUDZ-A-2006-
AR-9374 "Naples Reserve RPUD" with the foJlowing conditions:
Stormwater Manal!ement:
I. The South Florida Water Management District issued ERP # 11-00090-S-02
on 13 January 2000 and a succession of modifications and extensions have
been issued. The pemlit was trans[el1'ed to Naples Reserve LLC on 2
March 2007. No fiuther action is required.
Environmental:
No additional stipulations.
EAC Meeting
P,genca Item ['lO. 88
November 13. 2007
Page 1.24 or 139
Page 11 of12
PREPARED BY:
STAN CHRZANOWSKI, r.E. DATE
ENGINEERING REVIEW MANAGER
ENGINEERING SERVICES DEPARTMENT
STEPHEN LENBERGER DATE
SENIOR ENVIRONMENTAL SPEC!ALIST
ENVIRONMENTAL SERVICES DEPARTMENT
MICHAEL DcRUNTZ, CFtv! DATE
PRlN CIP AL PLANNER
DEP ARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
EAC Meeting
ft..aenda item I\jo. 88
tJovernber 13. 2007
Page 125 of ~i 39
rage 12 of 12
REVIEWED BY:
BARBARAS.BURGESON
PRINCIPAL ENVIRONMENTAL SPECIALIST
ENVIRONMENTAL SERVICES DEPARTMENT
DATE
WILLIAM D. LORENZ, Jr., P.E., DIRECTOR,
ENVIRONMENTAL SERVICES DEPARTMENT
DATE
MARJORIE STUDENT-STIRI.lNG
ASSISTANT COUNTY ATTORNEY
OFFICE OF THE COLLIER COUNTY ATTORNEY
DATE
APPROVED BY:
JOSEPH K. SCHMITT, ADMINISTRATOR, DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
Agenda item f-JD. sa
November 13. 2007
Page 126 of 139
ORDINfu'lCE NO, 07._
AN ORDINfu'lCE OF THE BOARD OF CODl'.,Y
COMMISSIONERS OF COLLIER COUNTY, FLORIDA.
AMEJ\'DING ORDL'IANCE NUvlBER 2004.41. AS
AcMEJ\'DED. THE COLLIER COUNTY LAND
DEVELOPMEl\, eODE WHICH INCLUDES THE
COMPREHENSIVE ZONING REGuLATIONS FOR THE
Ul\1NCORPORATED AREA OF COLLIER COUNTY,
FLORIDA. BY AMEi'mING THE APPROPRIATE ZONNG
ATI.AS MAP OR MAPS BY C~"'GING TIIE ZONNG
CLASSIFICATION OF THE HEREIN DESCRIBED REAL
PROPERTY FROM A PLANNED UNIT DEVELOPMENT
(POO) ZOJo.1NG DISTRlCT TO A RESIDENTIAL PLk'lNED
UNIT DEVELOPMENT (RPOO) ZONING DISTRICT FOR
THE PROJECT KNOWN AS THE NAPLES RESERVE GOLF
CLUB RPOO BY ADDING 602 RESIDENTIAL DViELLING
UNITS. FOR A TOTAL OF 1154 RESIDE:-ITLAL L')I]TS. FOR
PROPERTY LOCATED ONEMll..E NORTH OFUS 41 A.'ID 1
l/2 MILES EAST OF COLLIER BOL'LEVARD (CR 951), IN
SECTION I. TOVNSHlP 51 SOUTH. RA.NGE 26 EAST,
COLLIER COUJ\,Y. FLORIDA, CONSISTNG OF 688+/,
ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE
"LY1JlER 99-42, THE FOMIER NAPLES RESERVE GOLF
CLL13 PUD; AND BY PROVIDING A.'1 EFFECTIVE DATE,
\VREREAS, the Board of County COffi."11issioners adopted Ordinance No. 99-42
establishing the Naples Reserve Golf Club P"LTI: and
\VHEREAS, by Resolution 1'0. 04-219, the Board of County Commissioners extended
the PUD approval affecting Ordinance No. 99-42 until June 8, 2008; and
\oVHEREAS, Dwight :"-ladeau of RWA, L'1c., representing Anthony Salce of Gulf Coast
Development Group, LC, petitioned the Board of County Commissioners to change the zoning
classification of the herein described real property.
NOW. THEREFORE, BE IT ORD/uNED BY THE BOARD OF COUNTY
COIvlMISSIONERS OF COLLIER COL"ITY. FLORIDA, that:
SECTION ONE:
The zoning classification of The herein described real property located in Section 1,
Township 51 South, Range 26 East, Collier County, Florida, is changed from a PI armed Unit
Development (PUD) Zoning District to a Residential Planned Unit Development (RPUD)
Zoning District for the project known as :!\~aples Reserve Golf Club RPCD in accordance with
the Exhibits attached hereto as Exhibits A through F. The appropriate zoning atlas map or
maps, as described in Ordinance ~wnber 2004-41. as amended, the Collier County Land
Development Code, is/are hereby amended accordingly.
Page 1 of 2
Aoenda Item No. 88
!'~~olJen,ber 13. 2007
Page 127 of 139
SECTION TWO:
Ordinance Number 9942, knOVl-"D as the Naples Reserve Golf Club POO, adopted on
June 8, 1999. by the Board of County Commissioners of Collier County, is hereby repealed in
its entirety.
SECTION THREE
This Ordinance shall become effecti ve upon filing with the Department of State.
PA.sSED Al\TI DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this
day of
,2007.
ATTEST:
DWIGill E. BROCK, CLERK
BOARD OF COUl\'TY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
JAMES eOLETTA. CKt.JRMAN
Approved as to form
and legal sufficiency:
/yU.~", Oll9t"A"d-~
Marjo M. Studen't-Stirling
Assistant County Attorney
Exhibit A - List of Allowable Uses
Exhibit B - Development Standards Table
Exhibit C - Master Plan
Exhibit D - Legal Description
Exhibit E - List of Requested Deviations
Exhibit F - Development Conunitments
Page 2 of2
Table!
,L.,getloa :t9m ~,jo. 88
1'~:)Vember 13. 2007
F'age ~28 of 139
EXHIBIT A
PROJECT LAND USE lRACTS
TRACT "RG"
TYPE
RESIDENTIAL
UNlTSIFT.
1154
ACREAGE"
6092
TRACT "RA"
RECREA nON A.REA
o
15.2
TRACT "P"
PRESERVE
o
63.7
I TRACT RG PERmTTED rSES:
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or in part, for other than the follov..ing:
A. Principal Uses:
1) Single-family detached dwellings;
2) Single-family attached dwellings (including to\vnhouses intended for fee
simple conveyance including the platted lot associated with the residence);
3) Villa/patio dwellings (detached single-family dwellings of a smaller scale
than the typical smgle-family detached dwelling);
4) Multi-family dwellings;
5) Model homes;
6) Golf courses and related facilities;
7) Commercial excavations - surplus fill material generated by commercial
excavation depths may be transported off-site only for use in the US-41
improvement project associated with this zoning approval;
8) Project sales, construction and adrrrinistrative offices, which may occur in
residential, and/or in temporary.
9) Any other principal use which is comparable in nature v,rith the foregoing
list of permitted principal uses, as determined by the Board of Zoning
Appeals ("BZA ") by the process outlined in the Land Development Code.
A-I
.Agenda Item I',c, 88
November 13, 2007
Page 129 of 139
B. Accessory Uses:
Accessory uses and structures customarily associated with the permitted principal
uses and structures, including, but not limited to:
1) Customary accessory uses and structures including, "]Jut not limited to,
private garages, sViTimming pools with, or without screened enclosures,
gatehouses, and other outdoor recreation facilities;
2) Polling place if deemed warranted by the Supervisor of Elections.
IT TRACT RA PERMITTED USES:
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or in part, for other than the follo"Wing:
A. Principal Uses Typically Accessory to Residential Development:
1) Structures intended to provide social and recreational space (private,
intended for llse by the residents and their guest only).
2) Outdoor recreation facilities, such as a community swimming pool, tennis
and basketball cowis, playground improvements/facilities, and passive
and/oractive water features.
3) Any other principal use which 1S comparable in nature lkith the foregoing
list of permitted principal uses, as determined by the Board of Zoning
Appeals CBZA") by the process outlined in the Land Development Code.
B. Accessory Uses:
Accessory uses and structures customan1y associated with the pemritted principal uses and
structures, including, but not limited to:
I) Customary accessory uses or structures incidental to recreation areas and, or
facilities, including structures constructed for purposes of maintenance.
storage or shelter v.ith appropriate screening and landscaping.
ill DEVELOPMENT STAc'IDARDS
A. GENERAL: Development of The Naples Reserve RPUD shall be in accordance
with the contents of this Ordinance and applicable sections of the Collier County
Land Development Code (LDC) and Growth Management Plan (OMP) in effect at
the time of issuance of any development order, such as, but not limited to, final
subdivision plat, final site development plan, excavation permit, and preliminary
work authorization, to which such regulations relate. VVhere these regulations fail
to provide developmental standards, then the pro\,"isions of the most similar district
in the LDe shall apply.
A-2
L,cenGa ! :9m ~'JO 83
r,tcV9)Tl~)er 13, 2007
?age 130 of 139
Except as provided for herein, all cnteria set forth below shall be understood to be
in relation to individual parcel or lot boundary lines, or bernreen structures.
Condominium,. and/or homeo'\lmers' association boundaries shall not be utilized for
detennining development standards.
There shall be no more than 1154 residential dwelling units permitted which
provides for a maximum gross density of 1.67 dwelling units pre acre. A minimum
of 612 Transfer of Development Rights Credits shall be obtained to achieve the
maximum gross density_
B. Table I below sets forth the development standards for land uses \\'ithin the
Residential POO Residential Subdistrict. Standards not specifically set forth herein
shall be those specified in applicable sections of the LDC in effect as of the date of
approval of the SDP or Subdivision plat.
IV SIGNS
For the purposes of this RPUD, the lDe provisions from Section 5.06.02.A.6. are
applicable for off-premise signage.
A-3
EXHIBIT B
Aoenda Item No. 88
I'~ovember 13, 2007
Page 131 of 139
TABLE I
RESIDENTIAL DEVELOPMENT STANDARDS
:~PR'~P1F&"~M1~~~~~~~~~rD~~~ij~~~#Jf&~~~J~A~f:~~~~,:t~~~~~r~
~~~W:btd~hc';~\~~4~~,::.@t1'~"j1lf.t'.~r~~!.ii.~!(.it':.'iJJ:""r~:f.~t\':;'g:J\I:1;;~iJ~i!:*~~' ."
MINIMUM LOT AREA 2,250 S.F. PER 2,250 S.F. PER 2,250 S.F. PER 2.250 S.F. PER
UNIT UNIT UNIT UNIT
1 A\:re NjA N/A NJA
40 FEET 25 FEET 25 FEET 25 FEET
1,000S.F 1,000 S.F 1,000 S.F 1,0005.F.jD.U.
10,000 S.F.
MAXIMUM LOT AREA
MINIMUM LOT WIDTH
MINIMUM FLOOR AREA
N/A
N A
N/A
MIN FRONT Y ARO 20 FEET 20 FEET 20 FEET 20 FEET
MIN SIDE YARD 6 FEET o FEET or 3 FEET or GREATER OF 10
6 FEET 9 FEET FEET OR V;2 BH
MIN REAR YARD 15 FEET 15 FEET 15 FEET 1 5 FEET
MlN PRESERVE SETBAO:; 25 FEET 25 FEET 25 FEET 25 FEET
MIN. DISTANCE BETWEEN 1 2 FEET 12 FEET 1 2 FEET GREATER OF 20
STRUCTURES FEET OR 1h THE
SUMOFBH
MAX. BUILDING HEIGHT NOT 35 FEET 40 FEET 35 FEET 75 FEET
TO EXCEED (ACTUAL)
N/A
N/A
N/A
25 FEET
N/A
50 FEET
S.P.S. 20 FEET.
SIDE S.P.S. S.P.s. S.P.S. S.P.S. 1fI BH
REAR (AITACHED) 5 FEET 5 FEET 5 FEET 5 FEET 10 FEET
!DRACHED) 20 FEET 20 FEET 20 FEET 20 FEET 20 FEET
PRESERVE SETBACK 10FffT ]0 FEET 10 FEET 10 FEET 10 FEET
MINIMUM 015T ANCE 12 FEET 12 FEET 1 2 FEET 1 2 FEET Greater of 1 5
BETWEEN SiRUCTURE5 feet or V~ BH
MAX. BUILDING HEIGHT NOT 35 FEci 35 FEET 35 FEET 35 FEET 40 FEET
TO EXCEED
s.P.s. = Same as Principal Structures
BH = Building Height _ unless otherwise noted, all building heights sholl be "zoned~ building heights, os defined in the LDC
E-l
Notes:
A.genea Item 100. BB
r\!OVemDer "j 3. 2007
PClele 132 of 139
1) No structures are permitted in the required 20-foot lake maintenance easement Ko setback is required -
for structures adjacent to a lake maintenance easement
2) Side yards - No side yard shall be required between units when more than one residential unit is in a
single structure (ie.: attached single-family and townhomes} Varying side yards arc provided to allow
side entry garages and to maintain the required separation between buildings.
3) The LDC standards for cluster residential design, as set forth in the Rural Fringe Mixed Use District,
shall apply to residential land uses within this RPUD.
4) Terraced setbacks are permitted for either two or three story multi-family structures. Setbacks shall be
measured from that ground floor exterior wall of J~ser height as long as a minimum 15 foot building
,van setback is provided as depicted in Figure 1 below.
5) Entrance fcatures (i.e.: monumentation, cIock. towers and colonnades) shall be limited in height to no
greater than 50 feet which DJay be located at the project entrance.
6) For all residential units, garages shall be located a minimum of 23 feet from the back of the sidewalk
closest to the garage, except for side load garages, wherein a parking area 23 feet in depth must be
prOvided perpendicular to the sidewalk to avoid vehicles being parked across a portiOD., or all of the
referenced sidewalk.
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PROPER'lY
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EXHIBIT D
Legal Description
Aaenda Item No. 38
rSovemher 13, 2007
Pa~e 134 of 139
Section 1, To",'IlSrup 51 South, Range 26 East, Collier County, Florida
EXHIBIT E
LIST OF REQUESTED DEVIATIONS FROM LOe
Agenda Item No. E:.B
r'wvernber 13. 2007
Page 135 of 139
Deviation #1 seeks relief from LDC Section 6.06.01.(0), for "cul-de-sac and local streets, and LDC
Appendix B, Typical Street Section, B-2 and B-3, and Section ill, Exhibit "A", Design Requirements for
Subdivisions C.13.e. of the Administrative Code for Collier County Construction Standards Manual
adopted through Ordinance No. 2004-66 that requires 60 feet, to allow 50 feet. A 50-foot right-.of-\1o"aY is
permitted in this RPUD to provide for flexibility in development design, subject to providing easements
for required utilities generally parallel to the right-of-\vay. This is a reasonable deviation that has been
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. Deviation 1 from Sub-section
6.06.01(0) of the LOC, for cul-de-sac and local streets, and LDC Appendix B-2 and B-3 for cul-de-sac
and local streets respectively, and Section ill, Exhibit "A", Design Requirements for Subclivisions C.B .e.
of the Administrative Code for Collier County Construction Standards Manual adopted through
Ordinance No. 2004-66 which requires 60 feet to allow 50 feet. (See Exlubit C, RPUD Master Plan).
These streets shall be private, and shall be classified as local streets.
Deviation #2 seeks relief from Section m. Exhibit "A", Dcsign Requirements of Subdivisions C.13.j. of
the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance
Number 2004-66, that requiTes tangents to be provided between reverse curves on all streets. This RPUD
v.rill not require tangents between reverse CUTVes ~ order to provide greater subdivision design flexibility.
All internal roads within the RPUD win be private, and have low posted speed limits, and v,rill have a
curvilinear design that has been shovm to act as traffic calming measures by reducing local traffic speeds.
Additionally, the flat terrain found on site does not warrant the need for tangents. This is a reasonable
deviation that has been applied throughout the Cormty, and does not comprise a risk to public health,
safety and welfare.
Tangents between reverse curves are not required for any local street design in this RPUD. De,iation 2
from Section m. Exhibit "A", Design Requirements for Subdivisions C.13.j. of the Administrative Code
for Collier COWlty Construction Standards :M:anual adopted through Ordinance No. 2004-66.
Deviation #3 seeks relief from LDC Section 5.04.04.B.5.c., that functionally limits the number of model
homes to allow one model home for each variant of the residential product proposed in the project. In an
effort to provide a variety of residence styles and floor plans v.itlrin the development, it is essential not to
arbitrarily limit the opportunity of a home buyer to see t.~e creativity of the architecture proposed in a
development:. To do so could result in monotonous tract housing reminiscent of the "new town"
movement after the end of the World Vo.Tar IT. This deVlation is appropriate, and does not negatively affect
the health and safety, nor welfare ofllie futw"e residents of the development.
The Naples Reserve RPUD may have one modd home representing each type of residential product:. The
number of model homes may exceed five, but shall not exceed a total of ten. Deviation 3 from LDC
Section 5.04.04.B5.c. that limits the total mnnber of model homes in a single development to five.
E-l
6.,genCia item !'-io. ::JB
t'Jo\/emoer 13. 2007
De"iation #4 seeks relief from Section III. E'<.hibit "A", Design Requirements of Subdivisions C.13.f. o.1?a98 136 of 139
the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance
Number 2004-66, limits cul-de-sac lengths to 1000 feet or less_ This RPUD may have cul.dc-sacs with
lengths greater than 1000 feet. The RPlJD lands are relatively \Vithout topographic relief, so greater sight
distances would allow longer dead-end streets without jeopardizing the safety of the future residents.
Further, the turning radii of the terminal cul-de.sacs will meet or exceed applicable County and National
Fire Protection Association requirements.
Cul-de-sac lengths in the Naples Reserve RPUD may exceed 1000 feet.
E-2
EXHIBIT F
LIST OF DEVELOPER eOMMITMENTS
p.genda Item 1\)0. 88
November 13. 2007
Page 137 of 139
TRANSPORTATION
The development of this RPUD shall be subject to and governed by the following conditions:
A All traffic control devices, signs, pavement marking, and design criteria shall be in accordance
with the Borida Department ofTransporlation (FDOT) Manual of Uniform Minimum Standards
(MUMS), current edition. FDOT Design Standards, current edition, and the Manual On Uniform
Traffic Control Devices (MIJTCD), current edition.
B. Access Points sho\Vll on the RPUD 11aster Plan are considered to be conceptuaL Nothing
depicted on any snch Master Plan shall vest any right of access at any specific point along any
property bOlmdary_ 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.
C. Site-related improvements (as opposed to system-related improvements) necessaI)' for safe
ingress and egress to this project, as determined by Collier County, shall not be elig:tble for
impact fee credits. All required improvements shall be in place and available to the public prior
to commencement of on-site construction.
D. Nothing in any development order (DO) shall vest a right of access in excess of a right-in/right-
out condition at any access point. Neither shall the existence of a point of ingress, a point of
egress, or a median opening, nor 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 any median opening existing at any time which is found to be adverse
to the health, safety, and welfare of the public. Any such modifications shall be based on, but
not limited to, safety. operational circulation, and roadway capacity.
E. If any required turn lane improvement requires the use of existing COlmty rights-oi-way or
easementls), then compensating right-of-way shall be provided at no cost to Collier County as a
consequence of such improvement(s) upon final appro,,"al of the tmn lane design during the first
subsequent development order (i.e.: site development plan/subdivision plat). The typical cross-
section may not differ from the existing roadway unless approved, in ...Titing, by the
Transportation Division Administrator, or his designee.
F. If, in the sole opinion of Collier County, traffic signal(s), other traffic control device, sign,
pavement marking improvement v.ithin a public right-of-way or easement, or site-related
improvements (as opposed to system related improvements) necessary for safe ingress and egress
to this project, as determined by Collier County, is determined to be necessary, the cost of such
:improvement shall be the responsibility of the developer, its successors or assigns. The
improvements shall be paid for or installed, at the County's discretion, prior to the issuance of the
fustCO.
F-!
,LI.,gend2 Item No. 88
November j 3, 2007
G. The RPl;"D Master Plan reflects a 100' ,",ide reservation for dedication along the westen?a-:1e 138 of 139
boundary of the RPIID. Should the County find that it is appropriate to improve that corridor, ~
the Developer, its successor, or assigns shall agree to be a part of a joint permit application with
Collier County for the specific purpose of modifying the existing conservation easement. All
costs associated with the potential conservation casement modification, including any required
mitigation shall be the responsibility of the County. The 100' reservation shall be dedicated to
the County at no cost, and in fee simple title within 180 days of the County's request The
developer shall provide a storm 'water management system vvithin the RPUD bormdary for
treatmentlretcntion of storm water contributed from the 100 foot reservation_
UTILITIES A.l\'D ENGINEERJNG
The development of this RPlJD Master Development Plan shall be subject to and governed by the
following conditions:
A. The developer shaD reserve four areas to be dedicated to Collier County Water & Sewer District
for raw water well easements with dimensions 100-foot by 100-foot each, and utilit~.,./access
easements that shall be 20 feet v.':id.e unJess the wen site is contiguous to a public right of way.
The approximate locations of these proposed easements are depicted on the RPUD Master Plan.
The dedication shall occur at the time of site development plan, or final plat approval for the area
within the development phase that contains the respective well sites.
At the time of the SDP and/or plat subrrrittal, the developer shall provide the wcll site easements
that meet the standard setback requirements for water wells. If the surlace water management
lakes for the subdivision are installed prior to the installation of production wells for the
SER\oVTP Wellfield, anticipated for 2012, a setback of 50 feet shall be required. If the surface
water management lakes are installed after the production wells a 300-foot setback shall. be
required.
The County has fw-ther requested a test well at one of the proposed \veIl sites. The County agrees
that the desired test well ",ill not be converted into a production well until the water management
lake proposed near the test well is constructed in accordance '?,rith the 50 foot setback
standard. No additional production wens 'Will be installed until the project's water management
lakes have been constructed or the year 2012, whichever is earlier.
EJ'I'VIRONMENTAL
The development of this RPUD Master Development Plan shall be subject to and governed by the
following conditions:
A. The Naples Reserve RPUD shall preserve 63.7 acres of vegetated areas consistent with the Land
Use Summary on the RPUD Master Plan.
F-2
Aaenda Item No. 88
N~ovember 13. 2007
Page 139 of 139
PLANNING
A. One TDR credit shall be required for every five (5) gross acres ofRFMUD land area utilized as
part of the golf course, including the clubhouse area, rough, fairways, greens, and lakes, but
excluding any area dedicated as conservation that is non~:irrigated and retained in a natural state.
B. In order to increase residential density above the base density allowed in the Urban-Mixed Use
District, Residential Fringe Subdistrict and the Agricultura1JRuraJ - Rural Fringe Mixed Use
District, Receiving Lands, 612 TDR Credits shall be severed from qualifying Sending Lands, of
which a nrin:imum of 311 IDR Credits shall be severed from Sending Lands within one mile of
the Urban Area.
C. Collier County and the Developer of the Naples Reserve RPUD have cooperated to address
affordable housing impacts associated with the Naples Reserve RPUD. The follo'\\ing financial
contribution shall be paid by the developer, or its successors and assigns, to the Collier Connty
Affordable Housing Trust Fund.
One thousand dollars ($1.000) per residential dwelling unit constructed v;i.thin the project shall
be paid to Collier County within 7 days of the closing on each residential dwelling unit. The
amount set forth herein shall be reduced by any amounts paid by the developer on behalf of
Habitat for Humanity's pursuant to the Developer Contribution Agreement US 41 Developers
Consortium (DCA) to fund the shortfall after Habitat for HWIUlllity's road impact fees are
applied pursuant to the DCA.
The payment of the sums set forth in this Section shan reflect a credit to the project's obligations
to pay any fees that may be adopted in the_future by the ('..QUIlty relating to the provision of
affordable or workforce housing.
WATER Jl.Lo\NAGEMENT
A. Constructed drainage facilities and structures shall be located outside the . boundaries - of
conservation easements/preserves.
B. The project's stonnwater management system shall be designed to fully contain the 100-yearn2-
hour design storm event with a regulated discharge rate not to exceed 0.10 cfs/acre and no
increase:in total volume of discharge.
C. All elevations shall be based on the North American Vertical Datum (NAVD).
F.3
Agenda itell1l~o. Be
November 13, 2007
F'age 1 ofj 1 0
.~
EXECUTIVE SUMMARY
PUDA-2006-AR-10333, Stock Development LLC, represented by Richard D. Yoval1ovich of
Goodlette, Coleman and Johnson, P.A., is requesting an amendment to the Lely, A Resort
Community PUD to affect Phase 1 Tract 4 only. The amendment proposes amending
Ordinance Number 92-15, which re-establish cd the Lely - A Resort Community Planned
Unit Development (PUD) - by amending Section 2.07 entitled "Permitted Variations of
Dwelling Units" to change variation standards; Section 5.02 entitled "Permitted Uses and
Structures" to allow a mixed-use development (including C..2 and C-3 uses and up to 175
dwelling units) as a pe,'mitted use on the C-2 parcel fronting (IS-41; Section 5.03 entitled
"Development Standat'ds" to add square footage requirements for C-2 and C-3 uses
permitted in the commercial/professional (C-2) tract and to add development standards for
the C-3 uses and residential uses permitted in the commercial/professional (C-2) tract;
amending Exhibit H, tbe PUD Master Phlll; and providing an effective date
OBJECTIVE:
.---
To have the Board of County Commissioners (B(,(,) consider an amendment to the Lely, A
Res0l1 Community PUD to pennit " mixed-us" development on the ('2 parcel li'onting US-4l.
and to ensure that the project is in harmony with alllhe applicable codes ancl regulations in order
to make certain that the communil y's interests arc maintainecl.
CONSIDERATIONS:
The proposed strike thru and undcrline Ordinance amendment proposes to amend Ordinance No.
92-15, Sections 2.07 (Pelmitted Variations of Dwelling Units) and 5.02 (Pe1111itted Uses and
Structures), that would allow a mixed-use development on the C-2 parcel fronting US-4l at the
intersection of Triangle Boulevard and US-4l. The development would contain retail and
personal service uses as well as a variety of residential housing types. Up to one-hundred-
seventy- five (175) multi-family dwelling units are proposed along with C-2 and C-3 uses. In
addition. the vacant commercial parcel at Rattlesnake Hammock Road and Grand Lely Drive
would be reconfigured to accommodate a new road realignment.
The Lely, A Resort Community PUD was approved on March 20, 1992 at a density of 3.5 units
per acre. The subject property contains a gross total of 2,892'" acres of land with 10, ISO
residential units on 1,166 acres.
The proposed PUD amendment docs not add additional resiclential uses above 10,150 dwelling
units. It docs, however, provide for shifting residential uses allocated elsewhere in the PUD to
Tract 4. As the property is located within an Urban Mixed-Use Activity Center Subdistrict, the
project is suppOlied by GMP guidelines.
-
PtJDA-2006-AR-I 0333. Lely ReSUlt
Page 1 of6
,l\gEH1da item NO.3C
~~overnber 13, 2007
Page 2 of 110
FISCAL IMPACT:
The PUD amendment, by and of its ell; will have no fiscal impact on Collier County. There is no
guarantee that the project, at huild out, will maximize its authorized level of development,
however, if the PlJD amendment is approved, a portion of the land could be developed.
The County collects impact fees prior to the issuance of building permits to help offset the
impacts of eaeh new development on publie facilities. These impact fees are used to fund
projects ,identified in the Capital Improvement Element (eIE) of the Growth Management Plan
IGMP) as needed to maintain adopted I ,evel of Service (f ,OS) for public facilities. Additionally,
in order to meet the requirement', cd' concurrency management. the developer of every local
development order approved hy Collier Counly is required 10 pay 50 percent of the estimated
Transportation Impact Fees associated with thc project. Other fees coll,xtcd prior to issuance of
a building permit include building p~rmit rcvie\v I(:c~ and utilit:,/ fees associated \\'itb connecting
'0 the Countyls \,vater and seVv\~r system.
Please n<Jtc that the inc_lusion of ilnpact fCl;S ::md laxes colleclcd arc for inrormational purposes
lH11y; they are not included in lhe criteria Ll':;ed h)' St:::lff ;:l1ld the Plarl11in~~ Commission to analy'zc
(his petition.
GROWTH MANAGEMENT PLAN fGIVIP) IMPACT:
The subject propcl'ly is designated Ud'iln (Urban Residential Subdistrict, Urban Mixed-Use
Act ivity Center Subdistrict) on the Future Land Use Map of the Growth Mmlagement Plan. The
Lely, A Resort Community PUD was approved for 2,892ct acres of residential, commercial,
cultural, college, park and other uses.
Relevant to this petition, the Urban Mixed-Use Activity Center Subdistrict permits uses to be
mixed-use in character. The actual mix of the various land uses may include the full mny of
commercial uses, residential uses, institutional uses, hotel/motel uses at a density consistent with
the Land Development Code. For residential dcvelopment, if a project is within the boundaries
of a Mixed-Use Activity Center which is not within the Urban Residential Fringe Subdistrict or
Urban Coastal Fringe Subdistrict, up to 16 residential units per gross acre may he permitted.
FLUE Policy 5.4 requires new developments to be compatihle with the surrounding land area.
Comprehensive Planning Department leaves this determination to Zoning and Land
Development Review Department.
The rezoning aetion was deemed consistent with the GMP when the subject site was rezoned to
PlJD in March, 1992, and no changes has been adopted to the GMP that would change the
original consistcney finding. Thus, this PUD remains consistent with the GMP.
,"'''~.'
PUDA.2006-AR,! 0333, Lely Rcsolt
Page 2 of6
w::m No, be
13,20Ul
:; c:Jf '11:]
AFFORDABLE HOUSING IMPACT:
Approval of this pUD amendment will have no al1(mlable housing impact.
ENVIRONMENTAL ISSUES:
Environmental Services staff reviewed this petition, and determined that the proposed
amendment will not have an impact on the environment. Similarly, the Environmental Advisory
Council did not review this petition because the proposed changes do not have environmental
implications.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:.
The CCPC heard petition PUDA-'l,()()(l-AR-1 ()333 on October 4. 2()()7 and by a vote 01'9 in favor
and 0 opposed recommended to forward this petil10n to the Buard of County Commissioners
(BCC) with a recommendation of'lpprnval subject to the j()llowing conditions:
1t! Limiting the c<~, parn_~l rr()IlLin.~ US.-41 to a maximum of 100,000 SqUDl"C feet of
c0111rnercial space,
"" Lirniting the maximum si;:c of any onv tenant ~~pace 10 2(\000 square feet except ['or
grocery' sLOrc~/f(H)d rnarkcts.
. Development standards shall be those of the pUDs C-2 development criteria.
All stipulations are speeitlc to the 9-acrc C-2 parcel fionting USAI, and not the othcr C-2
parcels within the pUD. The tract is known as Tract 4.
Because the CCPC approval recommendation was unanimous, this petition would normally be
placcd on the Summary Agenda; however, stail received five letters of objection, and as such
this item will be heard on the regular agenda.
LEGAL CONSIDERATIONS:
This is an amendment to the existing Lely, A ResOli Community PUD (Ordinance No. 92-15, as
amended) which proposes to amend the following: Section 2.07 (Permitted Variation of
Dwelling Units); Section 5.02 (Permitted Uses and Structures); and Section 5.03 (Development
Standards). This proposed amendment is quasi-judicial in nature. As sucb the burden falls upon
the applicant for the amendment to prove that the proposal is consistent with all 0 f the criteria set
10rth below. The burden then shifts to the Board of County Commissioners (BCC), should it
consider denial, that sucb denial is not arbitrary, discriminatory or unreasonable. This would be
accomplished by finding that tbe amendment does not meet one or more of the listed criteria.
PUDA-2C106-AR-10333, Lety Resort
Page 3 of ()
/\rJenda IL'';;tl1 f\jO.':C
hi~J\f:;mbcr -: 3 2n~J7
/, of ~IIO
Criteria for PUD Rezones
Ask yourself the following qurstions. The answers assist you in making a determination fin'
approval or not.
I. Consider: The suitability 01' the area illr fhc type and pattern of development
proposed in relation to physical characteristics 01' the land, surrounding areas, tranie
and access. drainage. SC\VCL water. and other utilities.
7 Is there an adequacy of evidence of undied control and suitability of agreements,
contract. or other inslruments or Il)i' amendmcnt" in Lhose proposed, paliieularly as
they may relate to arrangements or provisions to be made fell' the continuing operation
and maintenance ()f such areas and Llcilitics that are no{ to he provided or Inaintaincd
at puhlic expense? Findings und f"('Cotlllnc11(iu!ions oj'this f)pe ,\'hal! he nwde on~F
{(fieI' ('()/1,\'u!taiiotl lvi/II !he COll!llY /!r!O!7u<\'.
.'. Consider: CnnCormity/ of the pruposed PLI[) \vi1h thl; ~,ollls. ol)jecti'vcs and p()li(.i~s
()ftllC Ciruvvth f\1anagcmenl Plan.
4. Consider: Tbv inhTllal and ,:xLCfnal compatiolhty of proposed uses, \vhich
ccmditions rnayinclude restrictions on location of improvements. restrictions on
design. and buffering and screening rcquircmcnt~.
5. Is there an adequacy of usable open space areas in existence and as proposed to serve
the development?
6. Consider: The timing or sequence of development (as proposed) for the purpose of
assuring the adequacy of available improvements and facilities, both public and
private.
7. Consider: The ability of the subject propeliy and of surrounding areas to
accommodate expansion.
8. Consider: Conformity with PUD regulations, or as to desirable modifications of
such regulations in the particular case, based on determination that such modifications
are justilied as meeting public pUlvoses to a degree at least equivalent to Iitel-al
application of such regulations.
9. Will the proposed change be consistent with the goals, ohjeetivcs, and policies and
future land use map and the clements of the Growth Management Plan?
PUDA-2006-AR-1 0333, Lely Resol't
Page 4 of6
il(~ln >J.:
l,j. .,::007
~,of iO
10. Will the proposed ru [) Rezone be appropriate considering the existing land use
pattern ')
] I. Would the requested J'l3[) Rezone result in the possible creation of an isolated district
unrelated to adjacent and nearby districts?
12. Consider: Whether existing district boundaries are illogically drawn in relation to
existing conditions on the propeliy proposed 1'01' change.
J.,
.).
Consider: \,/hether changed or changing conditions mal(c the passage of the
proposed amendlncllt nCCCSS,Jr~y.
! 4. \Vill the proposed change adver~;ely influence living conditions 111 the neighborhood?
! 5, \,\/illlhe proposed change create or excessively incre::l.sc trair;c congestion or create
types of traffic deemed incompatible \vith SUITOUlHf!l1g land USCSl hecause of peak
V(illHnl~s or projected type:;,; u!' v'"chicular tr~,ljllc, inc:luding ,lcti during conslruc:linn
phases of the dcv'c\()prncnt or ofherl1:isc u(h'Cf pU/J!ic .,(~/(,(\i:
1 fl. Vv'jll the proposed change i..:rcatL~ a draimlgc probicm?
17. Will the proposed changc seriously reducc light and air 10 adjaccnt areas')
18. Will the proposed change adversely aifect propeliy values in the adjacent area'!
19. Will the proposed change be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations'!
20. Consider: Whether the proposed change will constitute a grant ofspeelal privilege
to an individual owner as contrasted with the public welfare.
21. Arc there substantial reasons why the property cannot ("reasonably") be used in
accordance with existing zoning? (a "core" question...)
22. Is the change suggested out or scale with the needs of the neighborhood or the
County?
23. Consider: Whether it is impossible to find other adequate sites in the County for the
proposed use in districts already permitting such use.
PUDA-2006-AR-I0333, Lely Re<011
Page 5 of6
f\~1enda Ile;(i i\i~), C,C
r~o\/enlbfn 13, ?Onl
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24. Consider: The physical characteristics of the propeliy 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.
25. Consider: The impact of development resulting limn the proposed PUD rezone on
the availahilitv ojwleq/late p/lblicjilcililies and services consistent with the levels of
service adopted in the Collier County Growth Management Plan and as dcilned and
implemented through the Collier County Adequate Public Facilities Ordinance [Code
eh.\ 06, 311.11]. as amcnded.
26. Are there other [i!Ctors, standards, or criteria relating to the pUD rezone request that
the Bomd or Cuunty COll111lissiuncI's shall deell1 impoliant in the protection of the
public health, saf'ctv, and weJline','
The 13('(' must base its decision upon the competent, substant ial evidence presented by the
\\Titten materials supplied LOiL\nc1uding hu1 not limited to the StalT Report, Executive
Summary, maps, ~:;tudies. letters tl"om interested perstms and tbe oraJ testimony presented at the:
Board or Count)' (<nmmi~~sit)ni,:Ts hc.aring ole.: these nwt(.;rials relate In these '..:riL\.:~fin.
RECOI'lIMENDA TiON:
Statl recommends tbat the Board of County Commissioners (BCC) approve Petition PUDA-
2006-AR-l0333 subject to the ai()fcrncntioned eonditions recommended by the Planning
Commission.
PREPARED BY:
Willic Brown. AICp, Principal Planner
Department of Zoning and Land Devclopmcnt Review
PUDA-2006-AR-I 0333, Lely Rcsoli
Page6of6
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STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONl0JG AND LA1\1) DEVELOPMENT
REVIEW, COM'.1UNITY DEVELOPMENT & ENVIROKMENTAL
SERVICES DIVISION
HEARING DATE: August 16,2007
SCBJECT:
Pelition PLDA-2006-AR-l 0333 LeI) A Resort Community P'lm,
Phase]. Tract 4 .Amendment
AGE"T/AI'PLICANT:
Owner: Stock Development, LLC
4501 Tamiami Trail, North
Naples, Florida 34103
Agent:
Chris Mitchell
10641 .'lliport Road
Suite 32
K aples, Florida 34109
Richard D. Yovanovich, ESQ.
Good1ette, Coleman & Johnson
4001 Tamiami Trail North,
Suite 300
Naples, Florida 34103
REQUESTED ACTION:
TIle petitioner is requesting an amendment to the Leiy Resort PUD, a Resort Community
peD, to affect Phase I Tract 4 only.
GEOGRAPHIC LOCATION:
The subject 9.1 acre parcel that is the area of the Lely Resort PUD that is affected by this
amendment is located at the northwest comer of the intersection of Triangle Boulevard and
Tamiami Trail (US 41), in Section 34, Township 50 South, Range 26 East, of Collier County,
Florida. (See location map on page 2)
PUDA-2006-.till-l 0333, LEL Y RESORT
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PURPOSEIDESCRIPTION OF PROJECT:
The proposed strike thru and underline Ordinance amendment proposes to amend Ordinance
No. 92-15, Sections 2.07 (Permitted Variations of Dwelling Units) and 5.02 (Permitted Uses
and Structures), that would allow a mixed use development on the C- 2 parcel fronting US 41
at the intersection of Triangle Boulevard and US-41. The development would contain retail
and personal service uses as well as a variety of residential housing types. Up to one-
hundred-seventy-five (175) multi-family dwelling units are proposed along \Vith C-2 and C-3
uses. In addition, the vacant commercial parcel at Rattlesnake Hanlmock Road and Grand
Lely Drive would be reconfigured to accommodate a new road realignment.
The Le1y PCD was approved on March 20, 1992 at a density of 3.5 units per acre. The
subject property contains a gross total of 2,892 acres of land \\ith ] O. 150 residential units on
],] 66 acres. Othcr uses acreages approved include:
. 38 aCres of commel'ciaJJconm1Unity uses
. 16 acres of commercial/professional uses
.. 36 acres of commerciaL/neighborhood uses
. 44 acres for Edison College
. 44 acres of cultural center uses
. 49 acres of resort center uses
. 495 acres of golf course
. 233 acres of conservation/open space
. 171.5 acres of cypress preserve
. 21.5 acres of park/school uses
. 405.5 acres oflakes
. 70.5 acres of major collector roadway
. 64 acres of minor collector roadway
. 26.5 acres oflocal roadway; and
. 9 acres of ROW reserve.
The proposed PUD amendment does not add additional residential uses above 10,150
dwelling units. It does. however, provide for shifting residential uses allocated elsewhere in
the POO to Tract 4. As the property is located \Vithin an Urban Mixed Use Activity Center
Subdistrict, the project is supported by GMP guidelines.
SURROUNDING LAND USE AND Z01'<L~G:
Subject Parcel:
Vacant and undeveloped land; zoned Lely Resort POO
(see attached aerial photo)
Surrounding uses -
North:
East:
Storm water management lake; zoned Lely Resort PUD
Commercial uses (McDonald's, Publix, Kmart), zoned Lely
Resort peD
PUDA-2006-AR-I0333, LEL Y RESORT
Page30fll
Agenda Itenl No, 8C
i\Jovernber 'j 3, 2007
Page 11 of 'i'IO
West:
Commercial uses (Fifth Third Bank, vacant land, & Coconut Place
Office Plaza across Tarniarni Trail South Road; zoned C-3 & C-4
Storm water management lake; vacant (preserve) land, and Tamiami
Trail South Road
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PUDA"2006-AR-I0333. LEL Y RESORT
Page 4 of II
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EXISTING COl\'DITIONS OF SITE
The proposed amendment to Ordinance ~nmber 92-15 is as follows:
SECTIO~ ONE:
A.l\1ENDMENTS TO PERMITTED VARIATIONS
DW'ELLTNG UNITS SECTION
OF
Section 2.07 entitled "Permitted Variations of Dwelling Units" of Ordinance
J'\umher 92-15, as amended, (the Lely, A Resort Community, Planned Unit Development)
is hereby amended to read as follows:
All properties designated for residential uses may be developed at the
maximum number of dwelling units as assigned Wlder Section ~ 2.05,
provided that the total number of dwelling units shall not exceed 10,150. The
Development Services Director shall be notified in aCOerdflflGe with Section
~f such an increase and the resulting reduction in the corresponding
residential land use or other categories so that the total number of dwelling
units shall not exceed 10,150. Approximately 1850 single family units and
8300 multi-family units have been planned. Variations from these numbers
without an adiustment to the maximum number of units within the
proiect shall be permitted provided that the maximum number of dwelling
Wlits by type shall not vary by more than twenty (20) percent. The maximum
number of dwelling Wlits shall include all caretaker's units but does not
include the designated hotel rooms. The proiect may exceed the variation
of twenty (20) percent of the unit types set forth in this section provided
PUDA~2006-i\R.10333. LEL Y RESORT
Pag::;S of11
Agenda Item j'.jo, Be
Novernber 1 ::L 2007
Paqe i.3 of ~11 0
that for everv single familv unit permitted in excess of 2220, the
maximum number of dwelling units shall be reduced bv 1.667 units.
SECTION TWO: AMENDMENTS TO PER-MITrED USES AND STRUCTURES
SECTION
Section 5.02 entitled "Permitted Uses and Structures" of Ordinance Number 92-15, as
amended, (Lely, A Resort Community, Plarmed Unit Development) is hereby amended to
read as follows:
5.02 Permitted Principal Uses and Structures:
No building or structure, or part thereof, shall be erected, altered or used, or land or water
used, in whole or in part, for other than, the following:
A. Pennitted Principal Uses and Structures:
1) Business and professional offices: banks: financial institutions.
2) Churches and other places of worship: civic and cultural facilities;
educational facilities.
3) Funeral homes.
4) Homes for the aged; hospitals, hospices and sanatoriums, hotels and
motels.
5) Medical laboratories; medical clinics; medical offices; mortgage brokers;
museums.
6) Parking garages and lots; private clubs.
7) Real estate offices; research design and development activities;
restaurants; rest homes; convalescent centers; and nursing homes.
8) Laboratories, provide that:
No odor, noise, etc., detectable to normal senses from off the premises
are generated;
All work is done within enclosed structures; and
PUDA-2006~..\R-l 0333. LEL Y RESORT
Page 6 oflI
lIe-in No Be
13,2CCII
'i4 of1 10
No product is manufactured or sold, except incidental to development
activities.
9) Transportation; communication and utility offices ~ not including storage
or equipment.
10) Water management facilities and essential services.
11) The C-2 parcel fronting U.S. 41 mav be developed allowing C-2
and/or C-3 uses. as outlined in Section V and Section VI of Ordinance
~umber 92-15, as amended, and up to 175 residential dwelling units
to provide for a mixed-use project.
12'1 c\ny other commercial l1se or professional service which is comparable in
nature v.ith the foregoing uses and which the Development Services
Director determines to be compatible in the district.
fL PenTlined _Accessory Uses and Struchlres:
l.i Accessory uses and Slnlctures customarily associated wit.h uses permitted
in this district.
2) CMetaker's residence.
GROWTH MA.NAGEME:TI PLAN CONSISTENCY (GMP):
The proposed amendment is processed as a limited PUD amendment, in which the entire
PUD document is not being subject to review, rather only the proposed strike through and
underlined sections highlighted \vithin the proposed amending ordinance.
The subject property is designated Urban (Urban Residential Subdistrict, Urban Mixed Use
Activity Center Subdistrict) on the Future Land Use Map of the Growth Management Plan.
Relevant to this petition, the Urban Mixed Use Activity Center Subdistrict permits uses to be
mixed-use in character. TIle actual mix of the various land uses - which may include the full
array of commercial uses, residential uses, institutional uses. hotel/motel uses at a density
consistent with the Land Development Code. For residential development, if a project is
within the boundaries of a ~1ixed Cse Activity Center which is not within the urban
Residential Fringe Subdistrict or Urban Coastal Fringe Subdistrict, up to ] 6 residential units
per gross acre may be penllitted.
FLUE Policy 5.4 requires new developments to be compatible vl'ith the surrounding land
Mea. Comprehensive Planning leaves this determination to Zoning and Land Development.
PUDA~2006-AR.I 0333, LEL Y RESORT
Page 7 of 11
i~'(18nda item 1\10. t:;C
~Tov8rnber 13. 2007
Page '15 of 1'10
The proposed amendment to allow for a mixed use project with a residential component of
175 dwelling units on the 9.1 acre parcel at the proposed intensity furthers the expressed
goals of the Urban Mixed Use Activity Center Subdistrict.
Based upon the above analysis, Comprehensive Planning staff concludes that the proposed
limited amendment to the Lely" A Resort Community PUD within Phase I Tract 4 allowing
for a mixed use development may be deemed consistent with the FLUE.
Transportation Element: The project is consistent with Policy 5.1 of the Transportation
Element of the Growth Management Plan. The 2012 planning and review horizon year
shows capacity is available"
ANALYSIS:
Staff completed a comprehensive evaluation of this land llSe peTlnon and the criteria on
which a favorable determination must be based. These criteria are specifically noted in
Section 10.03"05 of the Land Development Code and required staff evaluation and conunent.
The Planning ComInission to the Bec also uses these criteria as the basis for theiT
reconunendation. Appropriate evaluation of petitions for PLus should establish a factual
basis for supportive action by appointed and elected decision-makers" Each of the potential
impacts or considerations identified during the staff review are listed under each of the
crirerion noted and are summarized by staff, culminating in a determination of compliance,
non-compliance, or compliance with mitigation. These evaluations are completed as separate
documents and are attached to the staff report (See Exhibit "A" ).
Affordable Housing Impact: The devclopcr has not committed to construct any affordable
dwelling units"
Environmental Analysis: Environmental Services Staff recommends approval of this
petition, and makes the following analysis:
. Listed species management plans for Big Cypress fox squirrels and eastern indigo
snakes, specifically for Tract 4, will be required at the time of the fust development
order.
Transportation Analysis: Transportation Department staff has reviewed this petition, and has
recommended approval subject to the following condition:
. Trips are vested for residential units, howeyer, at the site development phase a full
TIS will be required for operational purposes.
Utility Analvsis: The Utilities Department Staff has reviewed this petition, and has
recommended approval.
PUDA-2006-AR~10333, LEL Y RESORT
Page 8 of! 1
!\gE;ncia itern I'~O. 8e.:
r\)OVE~;Tiber 13, 2007
16 of '1 0
Zoning and Land Development Review Analvsis: The evaluation by professional staff
includes an analysis of the project's relationship to the community's future land use plan and
whether or not a rezoning action would be consistent 'With the GMP. Other evaluation
considerations include an assessment of adequacy of transportation infrastructure, other
infrastructure, and compatibility with adjacent land uses. In addition, ,;taff offers the
following synopsis:
Relationship to Future Land Uses - A discussion of this relationship, as it applies specifically
to Collier County's legal basis for land use planning, refers to the relationship of the proposed
zoning action to the Future Land Use Element (FLlTE) of the GMP. The subject property is
designated Urban (Mixed-Use District, Urban Residential Subdistrict) as identified on the
Future Land Use Map of the Growth Management Plan (GMP). This district permits
residential uscs, as proposed, at the density proposed. Staff believes that the petitioner's
requested uses and densitv arc compatible wil" the FLUE, thus this petition is consistent "ith
the GMP.
Relationship to Existing Land Lses - The subject property is located in the Lely Resort PUD
zone district. Presently, the subject propeny is vacant and undeveloped. Immediately to the
north and West of Tract 4 is a storm water management lake. To the east of the site, there ate
38 acres of community/commercial uses (McDonalds, Knurl, Publix, etc. . .j, which were
approved as a part of [he Lely Resort PUD. Commercial uses located to the south across
Tamiami Trail include Fifth Third Bank, a vacant parcel, and Coconut Office Plaza.
Staff believes the existing proposed density of 3.50 dwelling units per acre remains
compatible with the residential density of SurrOUllding residential developments as found
consistent with the GMP's Housing Element Goals and Policies in the 1992 adoption of the
Lely PUD. The proposed uses for the project have not changed from the original approved
document other than to provide a mLX of already approved uses in a location conducive for
higher intensity uses near heavily traveled US-41. These uses will not adversely impact the
existing residential land uses in the area as the proposed location is sandv.iched between a
stormwater management lake and existing commercia] uses.
NEIGHBORHOOD Il'i'FORMATlON MEETING (NIM):
Synopsis provided by Collier County Principal Planner, Willie Bro\\11:
The petitioner held a neighborhood information meeting at 5:30pm on Thursday, September
13, 2007 at the Edison College Auditorium on Col1ier Boulevard. Over 100 residents
appeared. At least six representatives for the petitoner (Attorney Richard Y ovanovieh) were
present including Brian Stock and Keith Gelder with Stock Development LLC, Ed Llorca
with MSA Architect, Susan Golden with Wilson Miller and Associates, atld Todd Gate,
Alanna Glulun and Mark Fiford 'With Gates Development. Collier County staff members
present were Willie Bro".n. Collier COW1ty Commissioner Dorma Fiala was also present.
Highlights from the meeting are as follows:
PUDAM2006~AR.I0333, LELY RESORT
Page 9 of II
/\gsnda It0HT'1 No. DC
November 13. 2007
Pag8 'i 7 of 110
. Presenter, Brian Stock, said the project would be a destination entertainment site
which would include possibly a coffee shop, restaurant, specialty shops,
neighborhood grocery, and personal service uses.
. Big box retailers are not the target market. Emphasis would be on high end
boutiques.
. Up to 100,000 square feet of commercia] space is proposed.
. The development would be designed architecturally as a European Village: 3 to 4
story buildings with residential dwellings built above commercial uses.
. There would be 24] on-site surface parking spaces, plus an additional 400
underground.
. Dwellings would range in size from 900 to 1,300 square feet priced at under
5500,000.
. There would not be an increase in density. The developer is proposing to
reallocate already approved, unconstructed units, elsewhere in the PUD to the
subject property to create a mixed use development.
. A variation of up to 20 percent in the mix of single family and multi-family
dwelling units was discussed. Residents were tol d there is a greatcr market for
single family units than was originally anticipated. Thus, a conversion formula to
the PUD to allow multifmnily units to be converted to single family units was
necessary. The Pl;D was originally approved with a fixed number of multifamily
and single family units. Therefore, for every additional single family unit that is
approved 1.667 multifamily dwelling units will be given up.
. Traffic issues including mitigating trat1ic impacts were addressed. Residents were
told these issues would be worked out during tile 5DP process.
. The re-alignment of Grand Lely Drive at Rattlesnake Hammock Road was
discussed as well.
STAFF RECOMMENDATION:
Staff recommends that tile Collier County Planning Commission (CCPe) forward a
recommendation of approval of Petition PlIDA-2006-AR-I0333 to the Board of County
Commissioners (BCC).
PREPARED BY:
\~~ ~~
WILLIE BROV.,lN, AICP, PRINCIPAL PLANNER
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
-.5 - 13-6'1
DATE
PUDA-2006.AR-10333. LEL Y RESORT
Page 10 of 11
it'?IT) 100. i::!~;
13, 2CiQ7
b of '; iO
REVIEWED BY:
]1 ~;,1/i O~r (20",/-wd~-Ot-MJ/c,p
. FiR' -:'..1" :\TXm;' n'\.c"'Jo"c 0,. S{u~(ii-~.~>/,~c
~ ASSISTAKT COUNTY ATTORNEY j
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DATE
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RA YMONn V_ BELLOWS, ZONNG MANAGER
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DEP ART!vfEKT OF ZONING A.:'.!1) L~l\!D DEVELOP1vfENT REVIEW
c- ._.
DATE
;
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SUBA".; M. ISTENF:S, AICP, DlRECTOR
15EP ARTT\IENT OF ZONIJ\'G A'\11) LAND DEVELOPMENT REVIEW
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D:~TE
APPROVED BY:
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J0SEPH K. SCHMITt ADl\1JJ\lSTRl\TOR DATE
i j
Q;0Ml\fl;'N1TY DEVELOP11ENT AND ENVIROKMENT.-\L SERVICES DIVISION
, !
V
Tentatively scheduled for the November 13, 2007 Board of County Commissioners Meeting
COLLIER COUNTY PLA.N'NNG COlvfMJSSION:
MA.RKP. STRAl:'-J, CHAlR.I\1.","N
EXHIBITS:
Exhibit "A" - Findings for PUD
Exhibit "B" - Lcly Resort Ordinance No. 92-15
PUD.~.-2(l{)6-AR-I0333, LEL Y RESORT
?age 11 of II
,l\genda Item No. 8C
~-.jovember 13. 2007
Page 19 of1 ., i)
LEL Y RESORT
FINDINGS FOR PUD
PUDZ-2006-AR- 10333
Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning
Commission to make a finding as to the PUD Master Plans' compliance with the following
criteria:
1. The suitability of the area for the type and pattern of development proposed in
relation to physical characteristics of the land, surrounding areas, traffic and
access, drainage, sewer, water, and other utilities.
Pro: The property is within an urban mixed use activity center as designated in the
FLUE of the GMP. Within a half mile east and west of the subject property', there
are re.;idential and commercial uses, although not combined, close in proximity_ In
addition, Tamiarni Trail (Hwy 41) is a very heavily traveled road, and would not be
appropriate exclusively for single-family :lses.
Co.!): The petitioner's proposed project may not coincide with ,he nearby propellY
owners' pereeption of the area', potential development.
.findin>:: If the proposed amendment passes to allovJ mixed uses, all buildings
would required to eomply with LDC requirements and the PUD document, regarding
traffic and access, drainage, sewer, water and other utilities.
2. Adequacy of evidence of unified control and suitability of any proposed
agreements! contract, or other instruments, or for amendments in those
proposed, particularly as they may I'elate to arrangements or provisions to be
made for the continuing operation and maintenance of such areas and facilities
that are not to be provided or maintained at public expense.
Pro/Con: Evaluation not applicable.
Finding: Documents snbmitted with the original application provide evidence of
unified control. The PUD document makes appropriate provisions for continuing
operation and maintenance of common areas.
3. Conformity of the proposed Planned Unit Development with the goals,
objectives and policies of the Growth Management Plan (GMP).
Pro: County staff has reviewed this petition and has offered an analysis (see staff
report) of the relevant goals, objeetives and polieies of the GMP offering a
recommendation that this petition be found consistent with the overall GMP,
Con: Staffs analysis is subjective, Many of the goals, objeetive and policies do no
have quantitative means to measure compliance. The GMP Transportation Element
Exhibit "A"
.L-9snda it8m f\Jo. Be
November 13, 2DO?
Flags 20 of '1:i 0
Pro: County Transpoliation planning staff has determined that the proposed
amendment is consistent with the GMP Transportation Element requirements
addressing roadway concerns ifthcir stipulation is included in any recommendation
of approval. However, the determination that the proposed amendment would
actually constitute "expansion" is subjective. It could be argued that the use
addressed in this amendment was anticipated in the existing PuTI document.
Con: None_
COLlIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.OOtLIEiWOV.NET
(i)
2800 NORTH HORSESt.i.9Bl,pj<'M~1 No, Be
NAPLES, FLORIDA 34 JrMJember 13, 2007
(239) 403-2400 FAX (239')iA%.:6<il,fS11 0
L-
APPLICATION FOR PUBLIC HEARING FOR~~'-'~-'~l
X AMENDMENT TO PUD I D AMENDMENT TO DRI :
I
1
J
PETITION NO (AR)
PROJECT NAME
PROJECT NUMBER
DATE PROCESSED
ASSIGNED PLANNER
! PUDA_2006-AR-10333
l PRO,JEC, T #2006060059
DATE: 8/24/06
----K"'y DESELEM
Above to be completed by stajl
--"",~~-~~~ i
.__J
I
APPlICA:NT INFORMATION
APPLlCANT(5) ,5TOCK DEVElOPMENT. LLC. A FLORIDA LIMITED LIABILITY COMPANY
ADDRESS 4501.IAMIAMI TRAIL NORTH, SUITE 300 CITY NAPLES STATE_..EL__ZIP 34103
TELEPHONE #________________CELL #
E-MAIL ADDRESS:
FAX#
Is the applicant the owner of the s-ubjed property?
X Yes
ONo
o (0) if applicant is 0 land trust, so indicote and name beneficiaries below.
o (b) If applicant is corporation other than a public corporation, 50 indicate and name
officers and major stockholders below.
x (e) If applicant is a partnershipr limited partnership or other business entity, 50
indicate and name principals: below.
o (d) If applicant if an owner, indicate exactly as recorded, and list all other owners, if
any.
o (e) If applicant if a lessee, attach copy of lease, and indicate actual owners if not
indicated on the lease.
o (f) If applicant is a contract p_urchaser, attach copy of contract, and indicate actual
owner(s) name and address below.
Stock Develooment. LLC is owned as follows: Brian Stock 50% and Stock Famiiv Holdings. LLC. 50%
Stock Familv Holdim!s, LLC is o'Wl1ed as follows: Kenneth C. Stock 2...<; Trustee of the Kenneth C. Stock
Grantor Retamed Annuity Trust.
(if space j.~ inadequate, attach on separate page.)
AGENT INFORMATION
t'\genda itern No. 8C
November ':3, .20C7
'-'lJ ~.~. ".-, _oJ 110,
. ~- ~., '1
. ..I
NAME OF AGENT RICHARD D. YOVANOVICH. ESQUIRE
ADDRESS 4001 NORTH TAMIAMI TRAIL. SUITE 300 CITY NAPLES STATE FL
TELEPHONE # 435-3535 CELL # FAX # 43S-1218
E-MAIL ADDRESS: RYOVANOVICH(a)GCJLAW.eOM
ZIP341 03
NAME OF AGENT CHRIS MITCHELL
ADDRESS 10641 AIRPORT ROAD NORTH, SUITE 32
CITY NAPLES
STATE FL
ZIP 34109
TELEPHONE # 596-9191
C!:U..#
FAX # 596-9071
E-MAIL ADDRESS:CHRISM(a)WALDROPENGINEERING.COM
!,-'.
,
11 BE AWARE THAT COLLIER COUNTY HAS LOBBY!ST REGULATIONS. GUIDE YOURSELF
I ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS.
I__,.~-,_.__. " . , , . .
l'
PROPERTY INFORMATION
1
PUD ORDINANCE NAME Lely, A Resort Communily
PUD NUMBER: 92-15
Detailed legal description of the propertv covered bv the application: (If space is inadequate, affacn on
separate page.) If request involves change to more than one zoning district, include separate legal
description for property involved in each distrid. Applicant shall submit four {4) copies of a recent survey
(completed within the losl six months, maximum I" to 400' scale) if required to do so ollhe pre-
application meeting_
NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning
fhe legal description( an engineer's certification or sealed survey may be required.
Section/Township/Range M..J 50
I 26
Lol:
Block!
Subdivisi on:
Poge #: 87-99
Property I.D.#: 55425001008
Pial Book 16
Metes & Bounds Description:
Size of propertv:
ft. X
ft. = TolalSq. Fl.
Acres 9.1
Addressfgenerallocation of subject propertv:
Comer of TamiaJIli Trail East and Trian~le Boulevard
.Agenda ltern ~.Jo. 8C
Does the oW,ner 01 .th: subject .propert.Y own property cc>ntiguo~. .to the subject propert/'iov~g~ Jivjii6
complcil> legal descnphon 01 en!lre conlrguous property. (II spaee IS rnadequate, allach on separate poge)'.
Secti onjTownshipjRange
/
/
Slock:
Page #:
Subdivision:
Lot:
Plot Book
Property I.D.#:
Metes. & Bounds Des.cription: See aft ached deed which includes lands oriClinallv purchased bv Stock
Develoament, LLC. whleh lands Include the .ubiect Prooertv. Stock Develooment, LtC has lurther conveved
portions of the Prooertv included in fhe deed and those convevanc:E'S are too .numerous to include in this
oDoJicotion.
"1
II
Ie
i
DETAIL OF REQUE5,T
TYPE OF AMENDMENT:
x
1>...
PUD Document Language Amendment
LJ
B.
Development Order Language Amendment
DOES AMENDMENT CO~~PLY WITH THE COMPREHENSIVE PLAN? X Yes UNo
If no, explain:___
HAS A PUBLIC HEARING SEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? 0 Yes X No
IF SO, IN WHOSE NAME?___
PETITION #:
DATE:
HAS ANY PORTION OF THE PUD BEEN X SOLD ondjor X DEVELOPED?
ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVELOPED? 0 Yes X No
IF YES, DESeRISE: (ATTACH ADDITIONAL SHEETS IF NECESSARY).
The Lely Resort PUD is a developing PUD with several parcels, single family lots and condominium unit
soles.
Section 2.7.2.3.2 (3) of tne Land Development Code requires an applicant ta remove lheir public
nearing advertising sign (5) ofter final action is token by the Board of County Commissioners.
Bosed on the Board's final action on this item, pleose remove oil public neoring advertising sign
(s) immediotely
."" .'
t"CJEmC;'a [tern [\10
~J-ov'3mher '::3. 2"0(1
:':g:- :~ :;~ ~ ~
AFFIDA VIT
Vie/I, . Stock Develooment. LLC. a Florlde limited liability comoany being rirst duly swom, depose
and say that well am/ore the owners of the property described herein and which is the subject matter
of the ?roposed n-eoi1ng; thaf all the answers to the q1Jestions in this application! induding the
disdo$u~e of interest information, ell sketches, doto, ond other supplementary matter attached to and
mcde a pert of this C:P?iication, ore honest and true to the b€st of our knowledge and belief. We/I
under:;tcnd that the ir;forrr-lction requested on this application must be complete Gnd accurate cnd that
the content of this form, ....lhether computer generated or County printed shari not be altered. Pub~jc
hearings '<<'i1l'not b::: c:d\lertised I)ntJll~is applic:otioi1 !5 deemed ccm~))ete, one cdl required informct;oll
has ~0er, SU[.J!Iu"tted.
/\~ prc?e;-ty owner \l/e,/l Turther CLJtnorf2e Ricnarc D. Yovonovich_~~~ To :::Jet :::Js:-ur,/rny
rep;'eseniallv8 in en)' rncr:-r'?:'s ;'egardif;g this Petition.
Stock Dev-efopment, LLCf
G Florida limited iiabH!~y comport)/
, -,
/.' \
/; - / I..t----- / )
By: ,.~,jjt7fl7 l.J/g(/V
'rion K. Strkt /0.cmager
The foregoing ins~[Ument was acknowledged berore me this II day or ~us;.f .
200!p~ by Jl;vitlJ1. SfocJ<., who I~sonc:llY kno..:.iD>to me or has produced
os identification.
State or Florida
County or Collier
~....fJ,\"iJS'~
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i\!'~GELA L BOWE:--':
\.-11' C:D~.H""~S';[O'" i; l)[i-i16Si5
'-::<p~r<~' /~rr.10.::'[m
::',")t',d" NO~l3ry SC~-:;~ com
//
lt1~da. f :3cwaJ
(igna,ure of Notary Public - State of
~Iorida)
A~t1!?1a lltJwen
(Print, Type, or Stamp Commissioned
Name of Notary Public)
Aqenda it"'':\TI I\JO. BC
tJovember 13, 2007
Page 25 of 110
ORDNANCE :-10. 07-_
AN ORDINANCE OF THE BOARD OF COl.JNTY
COMMISSIONERS OF COLLlER COUNTY. FLORIDA.
AMENDING ORDINANCE NUMBER 92-15. AS AMENDED.
WHICH RE-ESTABLISHED LELY. A RESORT COMMlNITY
PLANNED UNIT DEVELOPJ>1E'" (PUDl. BY AMENDlNG
SECTION 2.07 ENTITLED "PERMITTED VARIATIONS OF
DWELLING m;!T5" TO CHAc'lGE V ARIATlON
5T A1'JTIARDS; SECTION 5.02 ENTITLED "PER-MITTED USES
AND STRUCTURES" TO ALLOW MIXED-USE
DEVELOPMENT (]]';CLUDlNG C-2 AJ'lDJOR C-3 USES AND
UP TO 175 RESIDENTIAL DWELLING UNITS) AS A
PERMITTED TJSE 0;-': THE C-2 PARCEL FRONTING U,S. 4[;
SECTIO:\! 5,03 El\'TITLED "DEVELOPMENT STA'IDARDS"
TO ADD SQUARE FOOTAGE REQUIREMENTS FOR C-2
AND C-3 TJSES PERMITTED IN THE
COMMERCIAL/PROFESSIONAL (C-2) TRACT AND TO ADD
DEVELOPMEKT STA"l)ARDS FOR THE C-3 USES AND
RESIDENTIAL USES PERMITTED IN TIlE
COMMERCIAlJPROFESS[ONAL (C-2) TRACT; AMENDING
EXHIBIT H, THE PUD MASTER PLAN: AND PROVIDING .AN
EFFECTIVE DATE.
WHEREAS, Oil Mal.ch ] I', 1992, tbe Board of CI)unty Commissioners approved
Ordinan,ce 'Number 92-15, \1;'hic:h re-cstablished vly. .A.F:esort Community Plallned Unjf
Development Zoning District; and
WHEREAS, on May 26, 1992, the Board of County Commissioners approved Ordinance
Number 92-38 .amending Ordinance Number 92-15 in ordeno correct a scrivener's error; and
WHEREAS, Richard D. Yovanovich, Esq., representing StQck Development, LLC
petitioned the Board of County Commissioners to amend Ordinance Number 92-15, as amended,
for LeIy, A Resort Community Planned Gnit Development.
NOW. THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLlER COUl'.'TY. FLORIDA. that:
SECTION ONE:
AMENDMENTS TO PERMITTED VARIATIO'lS OF D'I'.fELLlNG
UNITS SECTION
Section 2.07 entitled "Permitted Variations of Dwelling Units" of Ordimlllce Number 92-
15, as amended, (the LeIy, A Resort Community, Planned Unit Development) is her~by amended
to read as follows:
All properties designated for residential uses may be developed at the
maximum number of dwelling units as assigned under Section bQ4 2.05, provided
tbat the total number of dwelling units shall not exceed 10,150. The Development
Servtces Director shall be notified :r. a,:-cOfs.afI':-Z. -::ith SeEtiDi:'l :2,(;1 of such an
increase and the resulting reductjon in the corresponding residential land use or
Page 1 of 4-
Words underlined are additions; words s~rll:::1: tAr::::l.:1,;h are deletions.
1t8m t'Jo. JJ
13, 2007
r-'8ge ~2C '.Ai 1 [I
ot.her categories so that Lhe total number of dwelJing units shall not exceed
10,150. Approximately 1850 single family units and 8300 multi-family units
have been planned, Variations from these numbers without an adiustment to the
maximum number of units within the oroiect shall be permitted provided that the
ma"imum number of dwelling units by type shall not vary by more than t'\.venty
(20) percent. The maximum number of dwelling units :;;halI include all
caretaker',:, units but does not include the designated hotel moms. The oroiect
maY exceed the variation of twentv (20) r.:ercent of the unit tvues set forth in this
section vrovided that for ever\! sin2:Jc ramil\! nnit oennitted in excess of 2220. [he
maximum number of dwelling: unit.<; shall be reduced bv 1,667 units.
SECTIOK TWO:
AMENDMENTS TO PER.1VIITTED USES AND STRUCTURES
SECTTC1N
ScctiOll 5.02 ent.irJe.d "Permitted Uses and Structures" of Ordinance J\~umber 92-15, as
amended, (Lcly, A Resort Community, Planned Unit Deve]opm~nl) is hereby amended to read as
fDllows;
5Jn PcrUlj~ted Pr]ncipal Usee"; and St1110ur::::>;
:No building or "truC[ur:.~^ Of part [hereof. sball b:::. ere.cted. altered or used, or land O~ ",,-atel"
llsed. in wbole or In pafL for otJJer than the following:
A. Permitted PrinCIpal Uses and Structures:
1) Bu:-;m:.::ss and profession;>J offjce2-: banks: rinJ.J.lcwJ mscirutions
21 Churches and other places of \\'orship; civic: and cultural facilities:
educational facilities
3) Funeral home.').
4) Homes for lht aged; hospitals, hospices and sanatoriums, hotels and motels.
5) .\1edicaJ laboratories; medical clinics; medical offices: mortgage brokers;
museums.
6) Parking garages and lots; private clubs.
7) Re<il estate offices; research design and development activities; restaurant";
rest homes; convalescent centers; and nursing bomes.
8) Laboratories. provide that:
No odor. noise. etc., detectable to normal senses from off the premises are
gencf3.ted:
All work is done within enclosed srructures; and
No product is. manuracmre.d or sold. except incidental to development
activities.
9) Transportation; cornrm.micatioJ1 and utility offices - not including storage or
equipment.
10) Water management facilities. and essential services.
11) The C-2 parcel frciltin';! U.S. 41 mav be develooed aJ]owin"" C-2 and/or C-3
uses. as outlined in Section V and Section VI of Ordinance ~umber 92-15. a;;
amended. and UD to 175 residential dwelling unIts to provide for ;l mixed-l.lse
m:..oiect
Page 2 of 4
Words underlined are additions; words strul;:~~ th~ are deletions,
,A,genda item [\in. ec
Novernber ~13, ;::007
Page 2"1 of 'j'! 0
ill Any other commercial use or professional service which is comparable in
nature with the foregoing uses <U1d which the Deve,Joprnent Services Director
determines to be compatib1e in the district.
B. Permitted. Accessory Uses and Structures:
1) Accessory uses and structures customarily associated with uses permitted in
this district
2) Caretaker's residence.
SECTION THREE: A.lvlENDMENTS TO DEVELOPMENT STANDARDS SECTION
Section 5.03 entitled "Development Standards" of Ordinance Number 92~ 15, as amended,
(Le1y, A Resort Community, Plam:Je.d Gnit Development) is. here,by arne,nded to read as follows:
5.03 Development Standards:
1) Minimum Site Area: As approved under Section 2.04
2) \ifinimum Site: V/idth: As approved under Section 2J)4
~!,) Min,imum Yard Requirements from pJ.fce.l boundaries:
Thirty (30) feet
4) :\laxirnum Height of Structures: Fifty {50) feet above the finished grade of lhc
site, plus ten (10) feet for under building parking.
5) Minimum Floor Area of Principal Structures: OIle thousand ('1,000) square feet
per building on ground floor.
6) I\.linimum Distance Between Principal Structures: 30' Of 1/2 the F,um of the
bui1ding heights, whichever is greater.
7) Minimum standards for sign, parking, lighting, and hm.dscaping shall conform
v,rith applicable Collier County Regulations is effect at the time permits are
sought.
~) The area of the C-2 and C-~ uses referenced in Para2:raoh 5.02 A. 11) above shall
be limited to a maximum 100.000 sauare feet in the all~e2:ate,
21 The area of each, individual C-2 and C-3 use referenced in Paracr3Dh 5.02 A. 11)
above' shall be limhed to 20.000 sauare feet. except for food stores.
l.Q} The 175 residential cJwe1Jinrr units and C~3 uses referenced in Dara2raoh 5.02 A.
11) above shall be subiect to the C-2. Commercial/Profcssional de\.'eloprnent
standards set forth in this Paragraph (Paracraoh 5.03).
SECTlOK FOUR: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Deparlment of State.
Page 3 of 4
Words underlined are additions; words st;ud:: tBrea;:B. are deletions.
i\:J8i',(ja Ite!ll No. EV.:
!'.TC1\/(,"inh9t" 13. 20()'1
Palls 28 Df " 1 D
Commissioners of Collier County, Florida, this
,2007.
PASSED At'\D DOL Y ADOPTED by super ~majority vote of the Board of County
day of _
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
By:
By:
JAMES COLETTA CHAIR.lVIAN
, Deputy Clerk
Approved as to form
and legal Sllfficiency:
~L\J ,~~[[L.1)J:U_dLvL -;Jt:01h-e;
j'vIarjon M. Student~St1rling 0'
Assjsr~m[ County Attorney
Page 4 of 4
\\fords underlined are addjtions; words ::;tnrd: tfJra1:lDh are deletions.
()'l-,222J~
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:t ~r(lI w
t;t"1IiittrJ r::
e:.... /....
/0 1....
'~~D9!5
r---
-
-
~enda item ~~o.
~velT1ber 13. 2
Page 29 of
ORDINANCE 92-12-
AN ORDINANCE AMENDING ORDINANCE NUMBER
91-102 THE COLLIER COUNTY LAND
DEVELOPMENT CODE WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA AND AMENDING THE OFFICIAL ZONING
ATLAS MAPS NUMBERED 0621N, 06215,0622,
06'.7>>, 06275, 062BN, 06285, 063J5, 0633N,
06:'U:, 06345 AND 160:JN BY CHANGING THE
ZONING CLASSIfICATION OF THE HEREIN
DEf,CRIEED REAL PPOPERT'f FROM II f'UD" TO
IlPUD" PL.lillHED UNIT DEVELOPMENT }t,:NO;""11 AS
LELY. A RESORT COMM~~rTY, FOR pnCPERTY
LOCATED BETWEn~ u.s. 41 ANO
RATTLESNAKE-HAMMOCK ROAD WEST OF C.R.
951, IN SECTIONS 21, 22, 27, 28, J.J AND
34, TOWNSHIP 50 SOUTH, AANGE 26 EAST, AND
SECTION J, TO~{SHIP 51 SOUTH, RANGE 26
EAST COLLIER COUNTY, FLORIDA, CONSISTING
OF 2892 ACRES; PROVIDIllG FOR THE REPEAL
OF ORDINANCE NUMBER 85-17, AS AMENDED,
THE FORMER LELY, A RESORT COMMUNITY PUD;
}J1D BY PROVIDING l~ EFFECTIVE DATE.
if
'25 --n
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m1ERE1.S, Alan D. Reynolds of wilson, Miller, Barton &
Peek, Inc., representing Lely Development Corporation,
petitioned the Board of County commissioners to change the
zoning classification of the herein described real property;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA;
SECTION' ONE:
The zoning Classification of the herein described real
property located in Sections 21, 22, 27, 28, 33 and 34,
Township 50 South, Range 26 East, and Section 3, Township 51
South, Range 26 East, Collier county, Florida, is changed
from "POD" to "PUD" Planned Unit Development in accordance
....ith the PUP Document, attached hereto as Exhibit nA" 'Which
is incorporated herein and by reference made part hereof.
The Official zoning Atlas Maps Numbered 0621N, 06215, 0622,
0627N, 06275, 0628N, 06285, 06335, 063JN, 06J4N, 06345 and
1603N, as described in ordinance Number 91-102, the Collier
county Land Development Code, are hereby amended accordingly.
-1-
100' r51,,,,181
-
-
_,'\('::::rllPrl'lld(' ,
"_''-' ~. ,~~1.
l~u'/E:!rnb9r 13, 20
30 of 1
SECTION TWO:
Ordinance Number 85-l7, as amended, known as Lely, A
Resort Community PUD, adopted on May 21, 19B5 by the Board of
county Commissioners of Collier County is hereby repealed in
its entirety.
SECTION THREE:
This Ordinance shall become effective upon receipt of
notice from the Secretary of State that this Ordinance has
been filed with the SecretRry of State.
PASSED Ju;n DULY ADOP~ED by the Board cf C~unty
Commissioners of Collier County, Florida, this lOtil day of
!-'.f.1Ich
1992.
", ljiJ~ !/J.
~\. -,-';:.;.:'. {/"
An'EST:.>' . "
JAMES ',d;,:,"GTLES;,: Clerk
.-~ . ' '~ '-;...
BOARD OF COUNTY COMMISSIONERS
COLLIEI?OUNT'i. FLORI 1>.7
BY: ~/(.(~i ,~
ICHAEL J. VOLPE, CHAIFJ1.AN
Richnrd S. Sha:13han. Vice-Q-.ainnan
',,""
iv~:L':~?~fi(l
c/:,~' ;;.~~,:~,,~!: ,: ~:,~~..<~ ,"
APPROVED ~'i\S TO FORM AND
LEGAL SUFFICIENCY
/JJ "-'tl~" m, ./Jtn .b",d:.
MAl Oll.[E M. STUDENT
ASSISTANT COUNTY ATTORNEY
This ordInance fIled wIth thlll
_S~g71ary O~~~~lIC~~
0C2llZ doy 0 ~
and ock.nowl~dgement of Ihor
fi ing received Ihrs~doy
o ~
By
PUD-B4-20(2) ORDINANCE
nbj7156
o.PvTr'O.'k
100< (]51e.d82
-2-
(',
Agenda Item N
November 13.
Page 31 0
ATTACHMENT 15
P~~tD UNIT DEVELOPMENT OOCUMENT
FOR
LELY, A RESORT COMMUNITY
PREPAR&O BY:
WILSON, MILLER, BARTON' PEEK. INC.
ENGINEERS, PLANNERS' LAND SURVEYORS
3200 Bailey Lane at Airport Road
suit. 200
Naples, Florida 33942
March 1992
Date Approved by cepe
Date Approved by Bee
Ordinance Number
Date Amended by Bee
Amending Ordinance Number
May 2, 1985
May 2.1, 1985
85-17
March 10, 1992
EXHIBIT "A"
100' n51 ""l183
.--..----.-------
---~_._----~--~
~
PAGE
List of E~hibits and T~bles
il
Statement of Compliance and short
Title
ill
SECTION I
Prope=ty Description and Ownership
1-1
SECTION II
project Development
2-1
SECTION :::rr
R Residential
3-1
SECTION IV
C-1 Commercial/Community
4-1
SECTION V
C-2 Commercial/professional
5-1
SECTION VI
(--3 Comme;:c ialINe ighbo rhood
6-1
SECTION VII
~c Edison College
7-1
SECTION VIII
CC Cultural Center
8-1
SECTION IX
RC Resort Center
9-1
SECTION X
GC Golf Course
10-1
SE:CTION XI
CO Conserv~tion/Open Space
21-1
SECTION XII
PR Cypress Preserve
12-1
13-1
SECTION XIII
PS Park/Elementary School
SECTION XIV
General Development Commitments
14-1
ioo' f151e.ct1S4
. ~_.__.~-_..----------_.._.-
-"-'_.._--~..'--_..._-
LIST or EXHIBITS AND TABLES
EXHIBIT H
Ma&ter Land Use plan
(prepared by Wilson. Miller, Barton
, Peek, Inc. rile No.RZ-19B
TMILE I
Esti~ated Market Absorption Schedule
ThBI.E Il A
Development 5~andards 'R' nesidential Areas
TABLE II F.I
Development Standards 'R' Residential Areas
100' 051 PlGl185
ii
('!
.
.._--_.,._._---,..----~._,.-------~_...--,.-
~:)enda item [\/0
i',r(lvember 13,
33 of
SECTIOH I
PROPERTY DESCRlrTION AND OWNERSHIP
1. 01
INTRODUCTION, LOCATION AND PURPOSE
It is the intent of Lely Development Corporation
(hereinafter called Mapplicant or developer") to develop A
planned Unit Development {P.U.D.) on approximately 2892.5
acres of property located in Collier County, Florida. The
subject property is generally bordered on the west by Lely
Estates, on the north by CR 864 (Rattlesnake Hammock
Road), ::In the east by eR 951 (Isle of Capri Roadl, and on
the south by u.s. 0 (Taroiarni Trail East). It is the
purpose of this document to establish the standards and
guidelines for the future development of this property.
!OO, n51 PAd86
1-1
-- -----------~-
-
-
~enrja Hem N
Novernber 13,
Page 35 0
1. 02
LEGAL DESCRIFTION
All that part of section 21, Tow~ship 50 South, Range 26
Ea't, Collier County Florida being more p~rticularly
described as follows:
Commencing at the Northwest corner of said Section 21,
thence" along the west line ~f said Section 21. South
ZO_SB'_OgM west, 50.11 feet to the South right-of-way line
of C.R. 864 (Rattlesn<!ike Hammock ROr3d); thence along said
right-af-way line. South a9a-13'-2S~ East, 1596.21 feet to
the POINT OF BEGINNING of the parcel herein. descr.!.bed:
thence cgntinue along said right-af-way line.
South 89 _13'_2SM East, 10~9.S6 feet;
thence cgntinue along said right of-way line,
South 89 -14'-25R East, 2617.27 feet to a point on the east
line of said Section 21;
thence along the east line of ~aid Section 21, South
4Q-03'-03~ West, 513~.63 feet to the Southeast corner of
said .section 21;
thence a'onq the ~outh line of said Section 21,
No~th 89o_28'_16w West, 5166.93 feet to the southwest corner
of sa'id Section 21;
the rice slang the west -line of Eaid section 21,
North 2 _SB'_OBw East, 2187.29 feetJ
thence 19avinq the west line of said Section 21,
North 51 -S1'-57" East, 1418.70 feet;
thence northeasterly and northerly, 695.56 feet along the
arc of a circular curve concave to the northwest, having a
radius of 810.g0 feet and being subtended by a chord which
bears North 270-15'-56" East. 674.39 feet;
thence North 2. -39'-54" East, 2.58 feet:
thence northerly 136.03 feet along the arc of a circular
curve concave to the west, having a radius of 1390600 feet
and being subtended by a chord which bears North 0 -08'-19"
West, 135.98 fegt;
thence North 870-03'-29" East, 227.18 f~et;
thence North 160-18'-47" East, 890.35 feet;
thence North 18 -20'-17" West, 483.06 feet to a point on the
South right-ai-way line of C.R. 864 (Rattlesnake HammOCK
Road) and the point of beginning of the parcel herein
described:
continued on next page
100' r51 PIG, 187
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-rgenda :t(3ITI I\J
November 13,
Page 36
Continued from previous pag~
AND
Section 22, Township
except the North 1/2
~xcept the Northeast
Northl!bst 1./4. lying
florid~,
SO south, Range 26 F.ast, less and
of the Northwest 1/4 and less and
1/4 of the Southeast 1/4 of the
west of C.R. 951. Colli~r County,
AND
s~ction 27, Township 50 South. Range 26 East, lying west
of C.R. 951, Collier County, Florida,
"-ND
Section
except
(oIl i e (
28, Township SO South,
that land as described in
County Public Records,
Range 26 East, less and
D.n. Sook 542. page 765,
AND
That part of the East 1/2 of Section 33.
South, Range 26 East, lying nortn of U.S.
Traill Collier County, Florida,
Township 50
41, (Tamiami
AND
That part of Section 34, Township 50 South, Range 26 East,
lying west of C.R. 951, Collier County, Florida,
AND
That part of Section 3, Township 51 South, Ran9~ 26 East.
lying North of u.s. 41, (Tamiami Trail) and West of C.R.
951, less and except a 220' x 220' lot at the intersection
of u.s. 41 (Tamiami Trail) and C.R. 951, and more
particularly described in O.R. Book 124, Page 459 of the
Public Records of Collier County, Florida.
All subject to easements and restrictions of record.
1. 03
TITLE TO PROPERTY
The subject property is currently under the ownership and
control of Lely Development Corporation, Triangle
Properties Southwest. Inc., Resort Development of Collier
County. Inc., Flamingo Investment Southwest. Inc., Eagle
Consolidated, Inc. and Associated Real Estate Southwest,
Inc.
100' r.51 PI" 188
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November 13,
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SECTION II
PROJECT DEVELOPMENT
2.01
PURPOSE
2.02
this Section is to generally
development and delineate
will apply to the project.
GENERAL PUU~ or DEVELOPMENT
describe the
the general
The purpose of.
plan of the
conditions that
Lely Resort is a planned community including a mixture of
residential use, commercial-and community-oriented
facilities, and recreational, conservation, and water
management-related elements.
2.03 COMPLIANCE WITH APPLICABLE ORDINANCES
Regulations for development of Lely Resort PUD shall
be in accordance with the contents of thIs document,
DRI Development Ord&r 85-3 as amended by Resolution
8S~249, together with sections of the Collie~ County
Land Development Code and O~dinances in effect at the
time subsequent development order applications. to the
extent applicable ordinances or codes do not conflict
with or restrict development rights. development
conditions, and development mitigation contained in
this document or the Development Order. Where these
regulations fail to provide development standards, the
provisions of the most similar district in the County
Land Development Codes shall apply.
b.
Unless otherwise noted. herein or in the development
order, the definitions of all terms shall be the same
as the definitions set forth 1n Collier County Land
Development Code in effect at the time of future
development order applications.
2.04
FRACTIONALIZATION or TRACTS
a. When the developer sells an entire Tract or a building
parcel (fraction of a Tract) to a subsequent owner, or
proposes development of such property himself, the
developer shall provide to the Development Services
Director or his designee (hereinafter called
Development Services Director) for approval, prior to
the sale or development of such property, a boundary
2-1
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Page 38 of
drawing showing the tract and the building parcel
th~rein (when applicable) and in the c~se of a
residential area, the number of dwelling units of each
residential type a5sign~d t~ the property and in the
case of .:'I commer::ial are", tile s4uarf't !ootaQE ~s:;igot-d.
to thft property.
b. In the event any residential tract Dr building parcel
is sold by any subsequent owner, as identified in
Section 2.04(3), in fractional parts to other partie~
.__for development, the subsequent owner shall provide to
. the Development services 01 rector, for: approval, prior
to the sale or development of a fractional part, a
boundary drawing showing his originally purchased
tract or building parcel and the fractional parts
therein and the number of dwelling units assigned to
~ach of the fractional parts.
The draw~ng shall also show the
access to those tractional parts
public street.
location and si=e ot
that do not abut a
c. In the event a comme~cial tract or building parcel is
sold by any subsequent owner, as identified in Section
2.01(a), in fractional parts to other parties for
devI!lopment, the subsequent owner shall provide to the
Development Services Director, for approval, prior to
the sale or development of a fractional part, a
boun1ary drawing showing his originally purchased
tract or building parcel and the fractional parts
therein, and the commercial square footage assigned to
the property. The drawing ~hall also show the
location and size of access to those fractional parts
that do not abut a public street.
d. In evaluating the fractionalization plans the
Dev~lopment Services Director's decision for approval
or denial shall be based on compliance with the
critlHia and the development intent as set forth in
this document, conformance with allowable
acce~sibility of the fractional parts to public or
private roadways, common areas, or other means of
ingress and egress.
. .
If approval or denial
(IS) .""orking days, the
automatically approved.
is not issued within fifteen
submission shall be considered
f.
This ~ection is intended to providQ
whereby developer, its successors and
a mechanism
assigns, could
2-2
100' n51 PIGl1.90
fJ-,oS'nda item N
rJovember 13.
Paqe 39 of
convey tracts or parts of tracts prior to development,
whether platted or unplatted, and Assign dwelling
units or commercial square footage thereto. The
contents of this section are not intended, nor do they
alleviate, the requirement, if any, to plat any trac~
or parct!:l created by fractionelhatioll prior tv
physical development of said tract or parcel.
2. 05
LAND USES
Land use types with approximate acreage6 and total
dwelling units are indicated on Exhibit ~H" Master Land
Use Plan RZ-l98. Changes and variations in design and
acreages shall be permitted to accommodate topography,
vegetation, and other site conditions during construction
plan and final plat approval. The specific location and
size of individual tracts and the assignment of dwelling
units thereto &h~ll be determined at the time of Site
Development plan approval in ~ccordance with th~ Collier
County Land Development code.
The final size of the recreation and open space lands will
depend, on the actual requirements for water management,
golf course layout, roadway patternt and dwelling unit
size ~nd configu~ation:.
PROJECT DENSITY
2.06
The total acreage of the Lely Resort property is
approximately 2892.5 acres. The maximum number of
dw~lling units to be built on the total acreage is 10,150.
The number .of dwelling units per gross acre is
approximately 3.5. The density on individual parcels of
land throughout the project may vary according to the type
of housing placed on each parcel of land but shall comply
with guidelines established in this document.
2.07
PERMITTED VARIATIONS OF DWELLINGS UNITS
All properties designated for residential uses may be
developed at the ~axirnum number of dwelling units as
assigned under Section 2.04, provided that the total
number of dwelling units shall not exceed 10,150. The
Development Services Director shall be notified in
acco~dance with Section 2.04 of such an increase and the
resulting reduction in the corresponding residential land
use or other categories so that the total number of
dwelling units shall not exceed 10,150. Approximately
1850 single family units and 8300 multi-family units have
2-3
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f\rov8rnb.:~:r 13. 2
F-'age 40 of
been planned. variations from th~se numbers ~hall be
permitted provided that the maximum number of dwelling
\lnits by type shall not vary by more than twenty (20)
percent. The maximum number of dwelling units shall
include ~ll c~retaker's units but does not include the
d~'i9nated hotel room,.
2.08
DtVELOPMENT ScQUtNCE AND SCHEDULE
The applicant has not set ~5tageG~ for the development of
the property. Since the property is to be developed over
an estimated 40-year-time period. ~ny projection of
project development can be no more than an estimate based
on current marketing knowledge. The estimate may, of
course, change depending upon future economic factors.
Table III indicates by phase, the estimated absorption of
units for the estimated 40 year development period.
Recreational facilities shall be constructed upon
completion of the corresponding phase as sho~n on Table
I.
2.09
PRESERVATION OF NATURAL VEGETATION AND TREE REMOVA~
Clea:ing, grading, earthwork, and site drainage work shall
be performed in accordance with the Development Standards
outlined in this document subject further to applicable
provisions of the Land Development Code.
2.10
~SEMENTS FOR UTILIT1ES
Easements
utilities
easements
Division
in effect
shall be provided for water management areas,
and other purposes as may be needed. Said
and improvements shall be in compliance with
3.2 of the Collier County ~and Development Code
at the time a permit is requested or required.
All necessary easements, dedications, or other instruments
shall be granted to insure the continued operation and
maintenance with applicable regulations in effect at the
time approvals are requested.
2.11
EXCEPTIONS TO THE COL~IER COUNTY SUBDIVISION REGULATIONS
The following requirements shall be waived:
a. Division 3.2, Section 3.2.8.4.1. of the Land
Development Code: Access. The Oevelo~ment Services
Director may a~prove minot relocation of proposed
access points as shown on the P.U.D. Master Plan.
Additional access points shall be subject to the
2-4
100' 051 PIG, 192
jj<Jenja item No.
r\Jov'~mber 13, 2
F'age 41 of
approval of the collier County Planning Commission.
The petitioner shall submit an access plan to Project
~ev~eW Services for review prior to th& cepe Hearing.
b. Dtvisi::m 3.2, Sectlcn 3.2.6.4.16.5. of the Land
DavHlcpment Cede : S~rec~ r~V6mcnt Width~ (Waiv~
requirements for local roads to nave two--(1) twelve
foot lanes, ~ubject to the &pproval of th& County
- Engineer.
c. Division 3.2, Section 3.2.8.4.16.6. of the Land
Development Code: Dead End Streets. (Waive
requirements that cuI de sac streets shall not exceed
one thousand (1/000) feet in length.)
d. Division 3.2, Section 3.2.8.4.15.8. of the Land
Development Code: Curb Radii (Reduce requirements
from forty (40') foot radlu5 to thirty (30' l foot
radius at local to local road and local to minor
collector road intersections only).
e. Division 3.2, Section 3.2.8.4.16.9. of the Land
Development Code: Intersections requiring curved
streets to have a minimum tangent of 75 feet at
intersections.
2.12
LARE B.!ING
AS depicted on Exhibit H, Master Land plan (RZ-19B), lakes
and natural retention areas have been sited adjacent to
existing and planned roadways. The goals of this are to
achieve an overall ae~thetic character for the project. to
permit optimum use of the land, and to increase the
efficiency of th& water management network. Accordingly,
the setback requirements described in Division 3.5. of the
Land Development Code may be reduced with the approval of
the County Engineer. Fill material [rom lakes is planned
to be utilized off-site, subject to the provisions of the
excavation ordinance in effect at the time permits are
sought.
2.13
RO~DS
Major and minor collector roads indicated on the Master
Plan will be public roads. Local roads within the
development may be either public or private roads.
depending on location, capacity, and design.
800' 0.51 PAG~ 193'
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Page 42 of 1
2.14
SITE DEVELOPMENT PLAN APPROVAL
The provisions of Division
Cocl~ sh~ll apply to ~ll
Developcent Plan approval.
3.3 0 f the
proj'!cts
Land Development
~equiring Site
a. In the case of clustered b~ildings and/or zero lot
line with common architectural theme. or non-
residenti~l uses listed in Section 3.06. ~equired
p~operty development regulations may be w&ived or
reduced provided a site plan is approved under
Division 3.3 of the Land Development Code.
2.15
MODEL HOMES AtW MODEL UNITS
Model Homes and units shall be permitted in conjunction
with the promotion of the develapoent subject to the
following:
&. Mode16 may be constructed prior to approval of a plat.
b. Models permitted as "dry" models (which have no water
and sewer connections) must obtain a conditional
certificate of occupancy for model purposes only.
"Wet" models (whiCh have utilities connections) may
not be occupied until a permanent certificate of
occupancy is issued.
c. "Wet" models utilized as "sales offices" must obtain
~pproval by and through the Site Development Plan
(SOP) process or whatever approval process Is in
effect at that time. The SDP process shall not be
required for dry models pursuant to this Section.
d. Prior to recorded plats, metes and bounds legal
descriptions shall be provided to and accepted by
Collier County as sufficient for building permit
issuance. Said metes and bounds legal descriptions
must meet proposed plat configurations and all models
constructed pursuant hereto shall conform to
applicable minimum square footages, setbacks, and the
like as set forth herein.
e.
Temporary access and utility easements
in lieu of dedicated right-at-ways
service to model homes or units.
may be provided
for temporary
f. Sales, marketing, and administrative functions are
permitted to occur in designated ~wet~ model homes or
units within the project only as provided herein.
2-5
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g. The "wet" model may be served by a temporary utility
sY5tem with ultimate connection to the central system.
Interim fire protection facilitl~& in accordance with
NFPA requirements are required unless a permanent
water $ystem is available. A wat~r man~gement plan
~ust b~ provid~d w~ich accommudates the runoff fro~
the model home. parkin~, access road/driveway and
other impervious surface. The system shall be
designed and constructed so that it is integrated with
the master system for the entire development.
SALES CENTERS
a. "Sales Cente(sft may be constructed prior to recording
of a plat. hSales Centers" may be serviced by a
temporary utility system (i.e. dry well a~d septic
tank;drainfield) prior to av~i13bility of central
utility sysL~ms at which time connection to the
central system will be made. Interim fire protection
facilities, in accordance with NfFA requirements or as
approved by the ap?ropriate fire district are required
un+ess a permanent water system is available to serve
the Center.
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b. Review and approval of "Sales Centers" shall follow
the requirements of the Zoning ordinance in effect at
that time. ~ metes and bounds legal description shall
be. provided as part of the application. Access to the
"Sales Center" shall be provided by a paved road or
temporary driveway which meets applicable County
standards as determined by the Development Services
Director. ^ water management plan must be provided
which accommodates the runoff from the "Sales Center",
the required parking and accesS road/driveway and any
other impervious surfaces. The system shall be
designed to fit in with the master water management
system for the -entire development.
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LELY RESORT COMMUNITY
LAND USE SU~MARY
Refer to Exhibit H
Master Land Use Pl~n RZ-198h
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\. ESTIMATED MARKET ADSORPTION SCHEDULE
,
TADLE I
[;[J YEAR RESrnEl'o'T. RC
UNITS HOTEL RMS
hl-ll9SS - 13.600 I
2M :3 __1__
' 19QO
~r 1128 300,400 36 364 -350 Rooau
1995
ill .: 1996- \482 56,t\.iO 736 1850
;, lOCO
~~I' 1526
~s I
I v 1006. 1250 9<l.OOO 1400
20ro I
VI I lOll - J 1300 I~ooo
: 2015
[vn I I
I 1;:- 1500 135,roo
V1II ' 2021 - '500 m.ooo
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. 2025
TOTALS 40 10.150 82D,()JO 54 1500 I 350 Rooms ,SSO
31S,COO S.F.
. 315,()(X) SF of hotel commercial space is included.
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46 of
SECTION III
'R' RESIDENTIAL LAND USE
3.01 PURPOSE
The purpose of this Section is
regulations for the are~s designated
Land Use plan RZ-198 as 'R'.
to set forth the
on Exhibit 'H' Master
3.02 r1AXIMUM DWELLING UNI'1'$
A maximum number
constructed O~ lands
by section 2.07.
of 10,150 dwellings units may b~
designated as 'R' except as permitted
3.03 GENERAL DESCRIP'1'ION
3.04
__.Areas _~esignated ,as 'R' on the Master Land Use plan
approximately total 1171.0 acres and 'are designed to
accommodate a full range of residential dwelling types,
recreational facilities, essential services. customary
accessory uses, and compatible land uses such as
religious, governmental, and educational facilities
--provided -~uchuses meet the development standards as set
forth in this document.
Approximate acreages of all residential tracts have been
indicated on the P.U.D. Master Plan, in order to indicate
r~lative size and distribution of the residential uses.
These acreages are based on conceptual designs and must he
considered to be approximate. Actual acreages of all
development tracts will be provided at the time of
fractionalization in accordance with Section 2.04.
Residential tracts are designed to accommodate internal
roadways.
PERMITTED PRINCIPAL USES AND STRUCTURES
11 Single family detached conventional
2) Patio and zero lot line
3) Single family attached and townhouses
4) Villas, and garden apartments/condominiums
5) Midrise apartments/condominiums
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3.05
PERMITTED ACCESSORY USES AND STRUCTURES
2 )
Accessory
with uses.
ES"lienU 211
uses and structures customarily
permitted in this district
services and facilities
associated
11
3.05
PERMITTED USES AND STRUCTURES REQUIRING DEVELOPMENT PLAN
APPROVAL UNDER SECTION 2.14(21)
1) Religious faciliti~s
2) Civic and cultural facilities
~) Educational facilities
4) Private clubs
SI Child care centers - owner occupied
c) Rest homes. foster homes, rehabilitation center,
hospices, adult congregate living facilities
7) Oth-er non-residential uses customary in residential
districts
8) A" welcome 'centet facility to encompass sales,
marketing and project administrative functions. The
welcome center facility shall be removed or converted
to an. allowable use as listed in Section 3.04. 3.05,
3.06. 1) thru 7, at such time as 801: of allowable
residential units have been developed within the Lely,
A Resort Community PUD. (Note: The Lely. A Resort
Community PUD is restricted to one such welcom~ center
at any given time,)
3.07
DEVELOPMENT STANDARDS
Tables II A ~nd B set forth the development standards for
land uses within the 'R' Residential District.
Site development standards for category 1. 2, and 3 uses
apply to individual dwelling unit parcels. Standards for
category 4, S. and 6 uses apply to fractionalization
parcel boundaries in accordance with Section 2.04 of this
document.
front yard setbacks shall be measured as follows:
1) If the parcel is served by a public right-of-way.
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setback is measured from the adjacent right-af-way
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If the parcel is served
measured from th~ b~~k
whichever is closer.
by a private road, setback Is
ol curb or p.dge of pavement
~tandards for parking, landscaping, signs and other land
uses not 'specified herein are to be in accordance with
Collier County Land Development Code in effect at the time
permits are requested. Unless otherwise indicated,
setback, heights, and floor area standards apply to
principal structures.
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DEVELOPMENT STANDARDS
'R' RESIDENTIAL AREAS
PERMITl"ED USES
Si ANDARD~
SINGLE
FAMIL Y
DETACHED
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1.000
GARDEN
Al'l'.
5
. AC
150
200
30 or BH
UJ
I 20
I Ell
110
I
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..5 SBIl
.000
.....,.oenda item ~~
rJo\i9111ber 13.
Page 49 0
MlDRlSE
APT.
6
lAC
'50
200
30 or DB
20
20
2--
I 10
6
.5 SBH
750
SITE WIDTH: Thc....e.ro,'~~~~~'{l':Ol.u>dlU.l'pur::cltmd.le.l.dll~o(lJltriJe.,m~dRN.iJbtu.x..bcl,..e.e;a\h.e.r~
poi.nLlO(LheridcpuccJlilla.lhctroc.'(/IIIlbcpoillEol~C.'Qy,jlbl!lerrocllpa.l"'d~).mdl.be/l:.UtllOltpoill.lalLbcp..redlil:lc:lU~IUl"(poiJ,tolita~OIlo
..uhu.ru.t~l.in~).
CA.Legory
Minimum Silt: Ana !
Sit.e WidJ.h MiD.. AVE'..I
Site Ikplb. Min. Avg.
Pront Yard Se.1back:
Side Yud Setb.u.k
I
9{)(X) SF
75
I 2
i!ili: (SL.ll:Q ol B<li.ldi.nt; Hcicbu): CocnbinlOd bdtht 0( rwo odjottnt buildiDp tor the po.upou- oJ d~.mUnin, ~ r<:-q<ri=cnl.L
(\
WYJ SF
50
120
JO
120
I 30 .
I
I 0 or 10
'0
LU.e Setbac!::. (CDrurol)
20
. R~ yl1tt1 Selb~cX
,.- ~ Yard Selba.cl:::
^==r
I MuJmum Building
Heigh!. St.crie.s Abovt
Pukln. ' "
UJ
10
2
Duta.oce Between
Prloclpal StrIlcrures
Floor Area MID.. (SF,)
20
Oor 10
1200
1000
SITE DEPnr AVERAGF.: ~ by dMdm.lhe rit.e UQ by the .~ .....<Ill>.
uvm~IOIOOOjPU
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S~DepU>Min..^..,.
FI'tllW. Yll11 Sal:.cl;
R.t..o.r y~~ ~d
lteatY&.rd&ili.o.d
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H~ Sl.Oo'"iu Ab:1n:
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-
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50 of 1
DEV'f.LOP~E:1'n' STANDARDS
'R' RF.S/OUo"TIAL AREAS
nllLEIl n
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"jSid.:Y&td;o<iliod I 10 _~ JO I
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^, do.u.:n:nined d~filll C....ai<x1&llu.tion pru=.lt linder SuUOtI 104 ..-.J So:::rioa 2.0~.
^.dr_,.,nnine<ldurinl(..nia"liuciOQ~lunders.uri"",:l04",,dScc:ti0l:l2_03.
10
10
10
10
10
50
JO
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10
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.3 SBn
..'! SBH
..'!SBH
.5 SBH
~a UdcorfT-Uyanl i.I adj.o.~ tol W:e,th: Uk" ~ .rJb,od;: r.h.o.ll &~m.l.l:ld IkUdeywd Jdb.ci: a.l:..d.lbe .....JvW.
SJTE: IJEP11/ A VERAGE: ~ by d.ividbJl the r.i1e lIU. by the IIi.l.e widlh..
100>
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I'ttc..:..mry
R.elw..uioru in
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poinuolr.he!.ilk puu.J linl';$ mth:frool (1.1 thepcinlo(lm..m.aiQll,..;tbthl!r~~lil:ae)ald\bl!~pQialoflbl! puod liDuutbt: ~ (pciDI.tL~ea.
oritb~~~w,~).
fllli.: (Sum d BlI"u<fin, Hapll); Co.nbinc:d bnpu or f'MCl ut;"= bJildin" for till! purpol<: o( cku.m>.ininl'tJ.b.aQ: requir=cnt.l..
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Agenda item No
_ov"mI:9r 13.
51 of
SECTION IV
C-l COMMERCIAL/COMMUNITY
-~,,-~"'-'-~""""_.~."'" ~.--.~....,.., - -," - .-..-...-"....
4.01 PURPOSE
"The purpose of this Section is to set forth the
regulations for the areas designated on Exhibit 'H',
Master Land Use plan RZ-198 as C-l. The C-l tract is
. - intended to provide for a broad range of communi ty
oriented commercial uses to serve residents of the Lely
development and the surrounding area. The types of uses
anticipated include general retail, professional ~nd
business offices, shopping centers and highway oriented
facilities.
4.02 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof,
erected, altered or used, or land or water used,
.or in'pa~t, _for,ot.he_r than the follo....ing:
A. Permitted Principal Uses and Structures
shall be
in whole
1 )
Antique
supply
service
. shops"; 8ppliance stores; art studios; art
shops; automobile parts stores; automobile
stations, awning shops.
2) Bakery shops; bait and tackle shops; banks and
financial institutions; barber and beauty shops;
bath supply stores; bicycle sales and services;
blueprint shops; bookbinders; book stores;
business machine services.
3) Carpet and floor covering sales which may
include storage and installation; churches and
other places of worship; clothing stores; cocktail
lounges; commercial recreation uses, commercial
schools; confectionery and candy stores; childcare
centers.
4) Delicatessens; department storesj drug storesj dry
cleaning shops; dry goods stores; and drapery
shops.
5) Electrical supply stores; equipment rentals.
4-1
100' 051 pm 203
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520
6)
Fish market retail
fraternal and social
furniturft stores; furrler
shops;
homes;
only;
:lubs;
shops.
flod st
funeral
7) Garden 5upply stores - outside display in side and
c~ar yards; gift Sh~p6; glass and mirror sales -
including stcrage and installation; gourm~t shops.
B)
Hardware storeGi hat
food stores; homes
hospices; hotels and
cleaning
for the
motels.
and blocking; health
aged: hospitals and
9) Ice cr~am ctores.
lO} Jewelry stores.
ll) Laundries self servl:e only; leather goods;
legitimate theaters; liquor stores; locksmiths.
1~, )
Markets - food; markets meat;
~nd clinics; millinery shops;
the~ters; museums; music stores.
offices
?ictur9
medical
motion
13) New car dealerships - outside display permitted;
news stores.
14} Office - general; office supply stores.
15) Paint and wallpaper stores; pet shoPSl pet supply
shops; photographic equipment stores: pottery
stores; printing; publishinq and mimeograph
service shops~ private clubs: professional
offices.
16) Radio and television sales and services~ research
and design labs; rest homes; restaurants.
17)
Shoe repair; shoe storesj
souvenir stores; stationery
and sanitoriums.
shopping centers;
stores; supermarkets
IS) Tailor shops:
tile; tobacco
stores.
taxidermists; tile sales - ceramic
shops; toy shops; tropical fish
19) Upholstery shops.
20) variety stores; vehicle rental - automobiles only;
veterinarian offices and clinics no outside
kennels.
4-2
100' r151 PlOt 204
L\genda itern No.
November 13, 2
Page 53 of
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21) Watch and precision instrument repair shops.
22) Water management
services.
facilities
and
ess~ntial
23) Any cth~r commercial use or profe3s~onal ~e~vice
which is comparable in nature with the foregoing
uses ~nu which th~ Development Services Director
determines to be compatible in the district.
B} Permitted Accessorv Uses and Structures
1 )
Accessory
associated
district.
uses
w.i.th
and
the
structures customarily
uses per~itted in this
2) Caretaker's residence.
4.03
DSVELOPMEtlT STANDARDS
I} Minimum Site Area: As approved under Section 2.04
21 Minimum Sit& width: As approved under Section 2.04
3) Minimum Yard Requirements from parcel boundaries:
Twenty-five (2S} feet plus one (l) foot for each
two (2) feet of building height over fifty {SOl
feet.
41
Distance between principal
minimum of five (5) feet
from front to rear yard.
structures - None, or a
with unobstructed passage
S} Maximum Height of Structure: One hundred (lOOl feet
above the finished grade of the site.
Minimum Floor
thousand (1,000)
ground floor.
7) Minimum standards for signs, parking, lighting. and
landscaping shall be in conformance with applicable
Collier County Regulations in effect at the time
permits are sought.
Area of
square
Principal
feet per
Structures:
building on
One
the
61
~OO' 051 ,m 205
4-3
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i::'..q0!'~(~5 !ten: No.
r~'o\lernber 13, 2
54 of
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SECTION v
C-2 COMMERCIAL/PROFESSiONAL
,_.,
5.01
PURPOSE
Thft purpose of this Section iE to set forth rhe
regulations for the areas designated on Exhibit 'H',
Master Land Use Plan RZ-19B. as 'C-2'. The C-2 tract is
intended to provide for the professional, office, and
business 'related needs of ~rea residents, supplementing
the retail nature of the adjacent (-1 tract.
5.02 PERMITTED 2SES AND STRUCTURES
No building or structure, or part thereof,
erected, altered or used, or land or water used,
or in part, for other than the follo....ing:
shall be
in whole
A. Permitted Principal Uses and Structures:
1) Business and professional
financial institutions.
cffices;
banksr
2) Churches ~nd other places of worship; civic and
cultural facilities; educational facilities.
3) runeral homes.
4) Homes for the aged; hospitals; hospices and
sanitoriums, hotels and motels.
5) Medical laboratories; medical clinics; medical
offices, mortgage brokers; museums.
6) parking garages and lots; private clubs
7) Real estate offices; research design and
development activities; restaurants~ rest homes;
convalescent centers; and nursing homes.
8) Laboratories, provided that:
r~o odor, noise, etc. r detectable to normal senses
from off the premises are generated;
All work is done within enclosed structures; and
NO product is manufactured or sold, except
incidental to development activities.
5-1
IDOl f151PAGt206
.,
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9) Transportation, communication and utility offices
- not including storage or equipment.
10) Water management
services.
facill ties
and
essential
11) Any other commercial use or professional secvice
which is comparable in nature ~ith the foregoing
uses and which the Development Services Director
determines to be com~atible in the ~i~trict.
a yermltted Access~ Uses and Stru~tures:
1) Accessory uses and structures customarily
associated with uses pe~mitted in this district.
I) Care:~ker's rer,idence.
5.03
DEVELOPMENT STA."'1DARDS:
1) Minimum Site Area: As approved under' SectJ.an 2.04
21 Mi~i.u. Slt_ Width, A. aP2,oved under Section 2.0'
)) Minimum Yard Requi~ements fro~ p~rcel boundaries!
Thirty (30; feet
, 1
Maximum Height of S~ructu(es:
the finished grade of the site,
under building parking.
Fifty (50) feet above
plus ten (10 J feet for
51
Minimum Floor
One thousand
ground floor.
Area of Principal Structures:
(1,000) square feet per building
on
61
Minimum
1/2 the
greater.
Distance Between principal Structures: 30' or
sum of the building heights, whichever is
7) Minimum standards for signs, parking, lighting, and
landscaping shall conform with applicable Collier
County Regulations in effect at the time permits are
sought.
5-2
1001 f151"c,207
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G. '01
srCTION VI
C-3 COMMERCIAL/NEIGHBORHOOD
Fup.pest.'
Th~ purpose of thlx Section ls to set forth the regulations
for the areas designated on Exhibit 'H', Master Land Use
Plan RZ-198, as 'c-3'. The C-3 tract's are intended to
provide residents with conveniently located commercial
facilities and services that are typically required an a
regular basis <
5.02
PERMITTED USES ;v~D STRUCTURES
No -building or structure, or pa:t thereof, shall be
erected, altered or used, Qr ;.and or water used, in whole
or in part, for other than the following:
A. Permitted Principal Uses end Structures
)1
Antique 5hopSi appliance stores; art
Gupplies; automobile parts stores;
&ervice ztations.
studios; art
.automobile
2) Bakery shops; banKs and finan~ial institutions;
barber and beauty shops; bath supply stores; blue
print shops; bicycle s~les and services; book
stores.
3} Carpet and floor covering sales (including storage
and installation) child care centers; churches and
other places of wo~ship; clothing stores;
confectionary and candy stores.
4) Deli~atessen, drug Gtores: dry cleaning shops: dry
goods stores and department stores.
5) Electrical supply stores.
6) fish stores; florist shops; food markets; furniture
stores; furrier shops and fast food restaurants.
7) Gift shops; gourmet shops.
8) Hardware stores; health food stores; hobby supply
stores; homes for the aged; hospitals and hospices.
9) Ice cream stores; ice sales: interior decorating
showrooms.
6-1 1001 r.51PlGl208
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.l\oenda item 1\10.
N-'overnber 13, 2
Page 57 of
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10) Jewelry stores.
11) Laundries - self-service; leather goods ilnct luggage
stores; locksmiths and liquor stores.
12) M~~t roarket~ medical office cr clinic f~, human
care; millinery shops; ml1sic stores.
13) Office (retail or professional); office supply
stores.
14) Paint and wallpaper stores; pet shops; pet supply
stores; photographic equipment stores; post office.
15) Radio and television sales and
appliance stores; shoe 5ales
restaurants.
service I small
and repairs j
16) souvenir stores: stationery stores; supermarkets
and sanitoriums.
17) Tailor shops; tobacco shops; toy shops; tropical
fish stores.
18) variety stores: veterinary offices and clinics (no
outside kenneling).
19) Watch and precision instrument Eales and repair.
20) W~ter rn~nagernent facilities and essential services.
21) Any other commercial USe or professional service
which is comparable in nature with the foregoing
uses and which the Development Services Director
determines to be compatible in the district.
B) PERMITTED ACCESSORY USES AND STRUCTURES:
1 )
uses and
with the
structures customarily
uses permitted in this
Accessory
associated
district.
.'
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2 )
Caretaker's residence.
6.03
DEVELOPMENT STANDARDS:
.;
1) Minimum Site Area: As approved under Section 2.04
2) Minimum Site Width: As approved under Section 2.04
6-2
100' 051 PIG~ 209
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3) Minimum Yard Requirements from parcel boundaries:
Ab~tting non-residential areas: Twenty five (25)
feet
Abutting ~esidential 3re~5: Thirty (3S) f~et in
which an cppropriately desiqned and landscaped
buffer sh~ll be provideu, ~s deter~ined under
Section 2.14.
4)
Distance between principal
minimum five (S) feet with
front yard to rear yard.
or a
from
structures: None,
unobstructed passage
S) r.ar.imum Height. of Structures: Fifty (50) feet above the
finished grade of the site.
6) 11inir:um Floor Area of principal Structures: One
thous~nd (1,000) square feet pe~ building on the ground
floor.
'1
7) Minimum standards for signs. parking, lighting, and
landscaping shall be in conformance with applicable
Collier county regulations in effect at the time
permits are sought.
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7.03
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_lenda.ltern N
-r-JovGrnber 13,
P3qB 59 of
SECTION' VII
'EC' EDISON COLLEGE
PURPOSE
The purpcQ~ of this Section iQ to s~t forth the regulations
for tha area designated on Exhibit 'H', Master L~nd Use
plan RZ-198, as 'EC',
PERMITTED US~S AND STRUCTUR8St
No building cr structure, or part thereof, shall be
erected, altered, or used. or land or water used, in whole
or in part, for other than ttle following:
A) Permitted Pri~cipal Uses and Structures
1) All uses normally associated with a community
college campus including but not limited to:
Auditoriu~s. classrooms, cafeterias, gymnasiums,
laboratories, lecture ha.lls, libn,ries, offices,
thl!!aters, etc.
2~ Water Man~gement facilities and essential services.
Bl Permitted Accessorv Uses and Structures
1)
Accessory
associated
District.
Caretak.er's
uses and structures customarily
with princIpal uses permitted in this
2 )
residence.
OSVELOPMgNT STANDARDS
1) Minimum Site Area: As approved under Section 2.04
2) Minimum Site Width: As approved under Section 2.04
3) Minimum Yard Requirements:
50' frem all 'EC' tract boundaries for principal
structures, 20' from lake banks
4) Maximum Height: 100'
7-1
MO' f151PAGl211
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5) Minimum rloor Area of Principal Structures:
One thousand (1,000) square feet per building on
the first habitable flon!
6) Distance betw~en principal structures:
1/2 the sum of the building heights or 30',
whichever is greater.
7) ~inimum standards for signs, parking, lighting, and
landscaping shall be in conformance with applicable
Collier County regulations in effect at the time
permits are $ought.
8 )
Sighting :.
i.'hich wil
properties
cilities shall be arranged in a manner
protect roadways and neighboring
,O~ direct glare or other interference.
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f~over:lber 13,
Page 51 of
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SECTION VIII
s
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'CC' CULTURAL CENTER
8.01
PURPOSE
r;
The purpose of this Section is to set forth the regulations
for tho areas designated on Exhibit 'H'. Master Land Use
Plan RZ-198. as 'CC'.
8.02
PERMITTED USES AND STRUCTURES:
No building or structure or part thereof. shall be erected,
altered or used, or land or water used, in whole or in part
for other than the following:
A. ~.te~~~_Uses and Structures
All uses normally associated with a cultural center
including but not limited to:
1) Performing Arts Center, Theater. Auditorium,
;~phitheatre. Art Galleries. Museums, Library,
Educational facilities, other uses of similar
nature.
2) Water Man~gement facilities and essential services.
B) Permitted Accessory Use and Structures:
1) Accessory uses customarily associated with the
principal uses permitted in this district.
2) Caretaker's residence.
3) Recreational facilities.
i
8.03
4) Offices, gift shops. restaurants.
DEVELOPMENT STANDARDS
1) Minimum Site Area: As approved under Section 2.04
2} Minimum Site Width: As approved under Section 2.04
6-1
100' r151rm213
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3) Minimum Yard Requirements:
SO' from all 'CC' tract boundaries for principal
structures.
20' from lake banks
4) 1'\.l'lximum hoight: 100'
5 )
Minimum Floor Area of
thousand (1,000) square
first habitable floor.
Principal Structures:
feet per building on
61
Distance
Q f th,e
greater.
between principal structures: 1/2 the sum
building heights cr 30', whichever is
7) Minimum standards for signs, parking, lighting, and
landscaping shall be in conformance with applicable
CDllier county ~egulations in effect at the time
peLreits ~re sought.
8) Lighting facilities shall b~ arr~nged in a manne~
which will protect roadways and neighboring
properties from direct glare or other interference.
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A;:jenda IterTi N
_November 13,
Page 63
SECTION IX
'Re' RESORT CENTER
PURPCSE
Th~ purp~&e of this Section is to set forth the regulations
for the areas deGignated on Exhibit 'H', Haster Land Us~
plan RZ-198. as 'Re'. The Resort Center tract is intended
to provide a ~ix of uses including 350 transient lodging
rooms; 315,000 square feet of related commercial space
such as conference facilities, restaurants, and shops;
recreational facilitie$ such as tennis courts, clubhouses,
and outdoor activiti.es; and related residential uses.
peRMITTED USES AND STRUCTURES
No building or structure, or part thereof, nhall be erected
altered, or used or land or water used, in whole or in
~'~rt. for other than the following:
A. Pe~mitted Princioal Uses and Structures
1)' Flotel, motel, lInd transient lodging facilities.
2) Clubhouse. convention facilities.
3) Tennis and health clubs.
4) Recreational facilities.
5)
cluster ~nd multi-family residential
accordance with Section III of this
including interval ownership facilities.
uses in
document,
6) Restaurants and lounges.
7) Retail commercial uses, specialty shops.
8) Water Management facilities and essential services.
9) Other uses of a similar nature to those described
above.
Bl Permitted Accessory Uses and Structures
1) Accessory uses customarily associated with the
principal uses permitted in this district.
2) Caretaker's residence.
9-1
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DgVELOPM~NT STANDARDS
1) Minimum Site Ar.e~: As approved und~r Section 2.04
2) Hinilllum. Site Width: As approved under Section 2.04
3) Mini~um Yard Requirements:
50' from all RC tract
structures
20' from lake banks
boundaries for principal
4} Maximum Height: 100'
5) Minimum Floo~ Area of principal structures~
One thousand (I,OOO) square feet per building on the
-~'first habitable floor.
6} Distanc~ bet~een rrincipal structures:
1/2 the sum of the building heights or 30', whichever
is greater
7) Minimum st~ndards for Gigns. parking, lighting, and
landscaping shall be in conformance with applicable
Collier County regulations in effect at the tim~
permits are sought.
B) Lighting facilities shall be arranged in a manner which
will protect roadways and neighboring properties from
direct glare or other 1nterference.
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)\::;enda Item No
iJ'overnber 13.
Pags 65 of
SECTION X
'GC' GOLF COURSE
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10..01 .unpos~
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The purpose af this Section
for the areas designated
Plan RZ-19B, as 'Ge'.
is to set forth the regulations
on Exhibit 'H' Master Land Use
10.02 P~RMITTED USES AND STRUCTURES
No building or structure, or part thereof. ~hal1 be
erected, altered or used, or land or water used, in whole
or in part, for other than the following:
A. Permitted Princioal Uses and Structure~
1) uolf Course
2) Water management facilities and essential services.
B. Permitted Accessorv Uses and Structures
Accessory uses
uses permitted
limited to:
customarily associated with principal
in this district including but not
1)
Clubhouses, pro-shop, practice
other customary eccesscry uses
other recreational facilities.
driving ran9& and
of golf courses, or
2) Small commercial establishments, including gift
shops, golf equipment sales, restaurants, cocktail
lounges, and similar uses, intended to exclusively
serve patrons of the golf course or other permitted
~ecreational facilities, subject to the provisions
of the applicable supplementary regulations of the
Land Development Code of Collier County.
3) Shuffleboard courts. tennis courts, swimming pools,
and other types of facilities intended for outdoor
recreation.
4) A maximum of two (2) residential units in
conjunction with the operation of each golf course.
5) A welcome center facility to encompass sales,
marketing and project administrative functions.
The welcome center facility shall be removed or
converted to an allowable use as listed in Section
10-1
100' r.51 PAG< 217
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10.02.B 1) thcu 4) at .such timll
allowable residential units have
within the Lely, A R~sort Community
as eO\ of the
been developed
PUD.
(Note: Tho
~estrictcd to
tim~. )
Lely, A Resort Community PUD is
one such w~lcome center a~ .:sny given
10.03 DEVELOPMENT STANDARDS
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1) Dverall site design shall be harmonious in terms of
landGcapi~g, enclosure of ctructures, location of
'access streets and parking areas and location and
treatment of buffer areas.
2) Buildings shall he set back A minimum oE thirty
(30) feet from abutting residential districts and
an app:opriately landscaped and maintained ~uffer
~one shall be provided.
3} Lighting facilitie5 shall be arranged in a manner
which will protect roadways and neighboring
y~o~~r~ieG _from ~irect glare or other interference.
4) Maximum Height of Structures:
Fifty (50) feet.
5) Minimum distance between principal structures:
1/2 the sum of the building heights or 30',
whichever is greater.
6) Minimum standards for parking, lighting, signs, and
landscaping shall conform with applicable Collier
county Regulations in effect at the time permits
are sought.
IDOl fl51p>Gl218
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Psge 67 0,
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SECTION Xl
'CO' CONSERVATION/OPEN SPACE
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PURPOSE
The purpose of this ~ection 15 to set forth the regulations
for. the areas designated on Exhibit 'H', Master Land Use
plan RZ~19a, aG 'COl.
11.02 PERMITTED USES AND STRUCTURES
No building or structure, 01:' part thereof, !>hall bel
erected, altered or used, or land or water used, in whol&
or in part. for other than the following:
II Passive Parks. Active Parks only in development areas
approved under 11.02 7).
2} Biking, hiking, c~noeing, and nature trails.
3) Equestrian paths.
4) Wildlife 6anctuary.
5) Water management: facilities, lakes, and impoundment
area,. subject to further review by Collilltt' County
Project Review Services Environmental Staff to ensure
that, water'rnanagement facilities do not degrade the
vegetation or hydroperiod on the conservation/open
space areas.
61 Recreational shelters and restrooms upon review and
approval of Collier County project Review Services.
7 )
Residential land uses as listed in Section
governed by development standards as shown in
A & B and providing the following criteria are
3.04 and
Table II
met:
a) The project density as listed in Section 2.06 shall
not be increased.
b} The maximum developed area 1n all 'CQ' areas shall
not exceed 20\ of the total and shall be contiguous
to existing approved development areas.
01
Every effort shall
character of the
consist exclusively
be made to protect the floral
leo' areas; landsc~ping shall
of native species.
11-1
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d)
All runoff from developed area shall
prior to discharg& into surrounding
management areas.
be pre-treat~d
natural water
e) Cle~ring sh~ll b~ permitted only In thasa ar~as
specifically r~qtiired to f~cilitate th~ residential
clusters, and shall be li~itEd as much as possible.
8) Any oth~r open space activity or use which is similar
in nature with the foregoing uses and which the
Development Services Director determines to be
. ~ompatible with the intent of this district.
11.03 D:e:VELOPMENT STANDARDS
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1) Overall site design shall be harmonious with the areas
natural ecological characteristics in terms of
landscaping, enclosure of structures, location of
access streets, p~rKing areaG. and location and
tre~tment of buffer areas as determined by the Collier
County Development Services Director"
2) Development 5tanda~ds as listed in Table II A & B in
Section II! shall apply to permitted re~ldential uses.
3) hll work proposed in or directly impacting conservation
areas designated on the Master plan shall be reviewed
and approved by the Development Services Director prior
to the commencement of any such activity.
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N"cvembBr 13.
Page 69 of
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2.02
SECTION XII
'PR' CYPRESS PRESERVE
PURPOSE
The purpose of this Section is to set forth the regulations
for the 8reas designated on Exhibit 'H't Master Land Us~
Plan RZ-198, as 'FR'.
PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be
erected, altered or used, or land or water used, in whole
or in part, for other than the following:
1) snvircnment~l preservation.
21 Foot paths, boardwalks, and nature trails.
3) wildlife management sanctubry.
4)
Water management facilities
subject to further review by
Review Services Environmental
water management facilities
vegetation or hydroperiod on
areAS.
and essential services,
Collier County project
Staff to ensure that
do not degrade the
the Cypress Preserve
5} Any other preservation or open space activity or use
which is comparable in nature with the foregoing uses
and which the Development services Director determines
to he compatible with the intent of this district.
12.03 DEVELOPMENT STANDARDS
!i
i) All work proposed in or directly impacting preservation
areas designated on the Master Plan shall be reviewed
and approved by the Development Services Director prior
to the commencement of any such activity.
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SECTION XIII
'PS' PARK/SCHOOL
13.01 PURPOSE
The purpose of this Section is to set forth the regulations
for the nreas designated on Exhibit 'HI, Master Land Use
plan RZ-198. as 'PS'.
The PS 5ite includes 11 acres reserved for use of an
elementary school site and 5 acres to be used for a
neighborhood park facilities. The 5 ~cres of undesigneted
land reserved for communi ty use referred to i,n the DRI/ADA
document will be applied to this site.
13,02 ?ERMITTED usss l'J>t~ STfWCTURES
No building or r,tructure, or part thereof, shall be
erected. o.ltered 0:: used, or land or "'ater used, in wholG
or in part, for other than the following:
1) Elementary school and facilities.
2) Parks and pl~ygrounds.
3) Bicycle, hiking and nature trails.
4) Recreational shelters and restrooms.
-.
5) Recreational fields, 5~orts facilities and courts.
6) Community centers.
7) Restaurant or snack bar
recreational activities.
in
conjunction
with
B) Water management facilities and essential services.
9) Any ether recreational, athletic, or open space
activity or use which is comparable in nature with the
foregoing uses and which the Development Services
Director determines to be compatible with the intent of
this district.
13-1
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~vember 13. 2
Page 71 of
2) Minimum Setback from 'PS' Tract eoundariesI 25'
3) Maximum Height of Structures: 35'
4) Minimum Distance Between Buildings: 1/2 the sum of
t.hEir heights.
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Minimum Gt~ndard5
landscaping shall
County Regulations
sought.
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conform with applicable Collier
in effect at the time permits are
100' f151r.Gt 223'
13-2
SECTION XIV
GENERAL DEVELOPMENT COMMITMENTS
14.01 P!J~Fosr;
Th& purpo&& of this Section is to set forth th~ general
d<<velopment commitments for the project.
.14.02 m:VELOPMENT COMMITMENTS
fr... ENERGY
1) Con6truction shall comply with applicable local and
state energy codeG.
2) Reasonable ngood faith" efforts to utiliza
state-of-the-art energy conservation techniques
shall be made where practically and economically
feasible. Such techniques may include, but shall
no~ be limited to the following:
&. ~rovi5ion of bicycle racKs and/or storage
facilities in office and colIlltlercial areas and
i.n multi-family reGidential z.reas.
b.
cooperation in the
shelters and other
accommodations when
developed to serve the
locating of bus ctops,
pa&seoger and system
a transit syst@m is
project area.
c. Use of energy-efficient features in window
design (e.g., shading and tinting).
d. Use of operable windows and ceiling fan.
e. lnstallation of energy-efficient appliances and
equipment.
f. Reduced coverage by asphalt, concrete, rock and
similar substances in streets, parking lots and
other areas to reduce local alr temperatures
and reflected light and heat.
g. Installation of energy-efficient lighting for
streets, parking areas, recreation areas and
other interior and exterior public areas.
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Page '13 of
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h. Selection of native plants. tee.8 ~nd other
vegetation and landscape design features that
reduce requirement. for water. fertilizer.
maintenance and other needs.
i. Plantinq or retention of native shade tree~ to
provide reascnnble sh~de for dll recreation
areas, streats and parking are~G.
j. placement of trees to provide needed shade in
the varmer months while not overly reducing the
benefits of Gunlight in the cooler months.
K, planting or retention of native shade tree, for
&a~h residential unit.
1. Orientation for structures, as p05s1bl~1 to
reduce solar heat gain by walls and to utilize
natural cooling effects of the wind.
m.
provision for structural shading
trellises, awnings and roof overhangs)
practical when natu~al Ehading cannot
effectively.
{e.g. ,
wherever
be used
n. Inclusion of porch/patio ~reas in residential
units.
3} Deed restrictions and other mechanisms shall not
prohibit or prevent the use of alternative energy
devices such as solar collectors (except when
necessary to protect the public health, safety ~nd
welfare) .
B. AIR QUALITY
1) The developer shall comply with applicable codes
and apply for required permits relative to air
quality, where such permits are required.
C. TnANSPORTATION
1) LeIy, a Resort Community, shall commit to
contributing its pro-rata or fair share
contribution to the costs of improving local
transportation facilities, when such improvements
are deemed to be necessary, based on Lely Resort
Community's proportion~te imp~ct on such
facilities. as part of ~n area wide funding
program, including, but not limited to, impact
14-2
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fees, special taxing di&t~lcts. etc. Any
donations, dedications, or other required
contributions made by the proje=t sponsors to the
County's Transportation facilities shall b&
cr~dlt~d t~w~rds future proportional ~h~rc
assessments levied against the proj~ct, except for
cigllt-of-way dedications listed und~r 81 below.
2 )
Provision of a bicycle/pedestrian system connecting
~ll land USeS, to be placed along all major and
minor collectors within the project. This system
is to be consistent with Collier County
requirements.
3 )
Unless four laning has bean completed or is about
to begin, the developer shall provide sep~rate left
and right turn lanes at all accesses along
Rattlesnake H~mmock Road and Isles of Capri Road.
'I
The developer shall provide ~ fair share
~cntribution' toward the capital cost of traffic
sionals at accesses to Rattl~snake HammOCK Road,
Isles of C~ori Road and Tamiami Trail when deemed
war(~nted by the County En9ine~r. The signals
shall be owned, operated and maintained by Collier
County.
5 )
The developer shall bear the full cost
traffic signals which may become needed
intersections within the project.
of all
at the
..
6} The developer shall provide or reimburse the County
far sidewalk/bikepaths along all perimeter roads to
be phased to correspond with the development phases
and future road widening plans, unless such
improvements are incorporated into desi9n plans
andlor alternative funding methods are available,
such as road impact fees.
71 The developer shall provide arterial level street
lighting at all accesses. The operating and
maintenance costs of these units will he assumed by
the County at such time as street lighting systems
are established along the roads involved.
8i The developer shall dedicate 17.5 feet of
additional right-of-way along the south side of
Rattlesnake Hammock Road and 25 feet of additional
right-af-way along the west side of Isles of capri
road for future roadway widening. This shall be
14-3
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Page 75 0
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done at the convenienc& of the developer or when
requested by the County, whichever occurs flrst_
9) The County Transportation Department and the
dev~lo~er shall reach agreement regarding
ali;n~ents and inter~ectinn configuratio~s at the
time of re-examination. lmprov~ments shall be
consistent with good desi9n practices and
transportation planning principles and th~ 10n9-
range planning needs of the County.
D. WATER MANAGEMENT
1) Detailed water management construction plans ,hall
be submitted for approval to the Development
Services Director prior to com.mencement of
construction.
2 )
Surface Water Management
from the South Florida
prier to the commencement
Permi,ts Ehall be
Water Management
of devl".'lopment.
obtained
District
3) The ~ater management for the Lely Resort Community
shall implement water qu~lity ~best management
practicesft to the extent possible.
() Water quality will be provided for the development
in the lake system in accordance with South Florida
Water Management District's current permitting
regula tians.
5) An Excavation permit will
proposed lakes in 8ccordance
Land Development Code,
be required for the
with Collier County
Division 3.5
6) Contingent upon acquiring appropriate permits,
developer shall be responsible for the following
along its entire U. S. 41 frontage:
1. Construct necessary improvements to
borrow canal along the northerly side of
41.
the
U.s.
7) During Phase If developer shall be responsible for
the following along Rattlesnake Hammock Road:
a. Cl@an-out of the two c,ossings under the road
near .the N 1/4 post of Section 21, Township
SO South. Range 26 East.
14-4
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b. Improvements to tha swal& along the south
sid~ of the road along the entire d~velopment
frontage to serve as a spreader f~cl1ity in
the adjoining lo~ lying wetlands.
8) The ~B-3 & 4" Conal (from north~est corner of
Naples Manor acress U,S. 41 to sufficient outlet
in wetlands in Se=tion 3, Township 50 South,
Range 26 East) shall be subject to developerl
county ne9otiations at the time of involvement
with that outfall.
c. UTILITIES
1) A central water 5upply sy&tem shall be made
available tc all areas of the project. The water
supply SDurce for the r-roject ~hall be the Collier
cocn:y system.
21 hIl a=eag of the project shall be served by a
central wastewater collection system.
31
The development shall be in
with applicable County
gov~rning utility provisions
substantial compliance
laws and ordinances
and facili ties.
4) Telephone, power and T.V. cable service shall be
made available to the site.
5) Utilities Division stipulations: (per Memorandum
dated June 25, 1984 attached).
6) A non-potable water system for irrigation purposes
will be implemented for the project utilizing
sources including renovated effluent, surface, and
ground water.
7) Design and construction of the water and sewer
facilities must be in compli~nce with Ordinance
88-76, as amended.
8) For any required subdivision improvement that is to
be constructed by the Lely Co~~unity oevelopment
District, no subdivision performance security shall
be required under Section 3.2.9 of the County Land
Development Code.
14-5
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GENERAL
1) The design and devftlopment st~ndards
1n the 1e1y Resort Community ORI/AnA
he[~by incorporated by reference into
ordinance.
.!~ describt'tu
document arC!'
this P.U.D.
G. ENVIRONMENTAL:
II Tho following table summarizes native veg!!tation to
bo ret.3ined in tho Lely Resort Community:
PR District 172.5 acres +
CO District 182.4 acres +
GC Di.Gtdct 111.3 acres +
Subtotal 466.2 acres
NOTE: Acreages and l~nd use districts shall be az defln~d
in Collier County Ordinance 85-17 as amended.
An additional 45.6 acres of native vegetation shall
be retained in the CO District, until such time as
the developer elects to utilize Section 11.02(7) of
the PUD that allows for development of up to 20\ of
the CO district. At that time the developer shall
demonstrate, as a condition of Final Approval from
Collier County for development of any "CO" area,
that an equivalent amount of native vegetation has
been retained elsewhere in the project (not
including platted single family lots} to compensate
for any permitted CO development acreage, up to a
total of 45.6 acres.
2} Prior to approval of any proposed development in
jurisdictional wetlands (as determined by SFWMD),
the petitioner shall submit a mitigation plan to
Collier County project Review Services
Environmental Staff for review and approval, in
accordance with South florida Water Management
District Appendix 7.
3) uPrior to any final approvals outside of Phase I
and the Classics Golf Course, the petitioner shall
submit protected species surveys and management
plans as required and approved by florida Game and
F'resh Water Fish Commission."
14-6
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4} Hammock ar~as, as identified in the DRt/ADA will be
protected with clearing permitted only in those
areas sp~cifically required to facilitate the
resid~ntial clusters and limited as much as
possible.
5) Existing topographical control olevation in
sub-basins C-l ftnd A-S shall be maintained4
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rTovembor 13. 2
Page 79 of
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E::1
STA7E O~ ,FLORIDA
COUNTY OF car,LIER
I. JAMES C. GILES. Clerk ot Cour~s in and for the
Tw~ntieth Judicial Circuit, Collier County, Floricia, do
hereby ce~tify that the foregoing is a true copy of:
Ordinance No. 92-15
which was adopted by the Board of County Commissioners on
the 10th day of March, 1992, during Regular Session.
nI7NESS my hand and the official seal ot the Board ot
Coun~y Commissioners ot Collier County, Florida, this 11th
day of March. 1992.
,\aIA'"
<-. .' '.,
JAMES C. GILES '':.J.~. . ..
Clerk 0: Courts and Cle~k: .
Ex-off.icio to Board of ::::'
county Commissioners
~..xt'/f- - /
"):, /
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,.
By: Is/Ellie Hoffman
Deputy Clerk
., f r" ~
100' r51PlG[232
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Aqfmda Item No,
~enlber 13, 200
- Page 81 of 11
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DEVELOPMENT ORDER 92- 2
RESOLUTION NUMBER 92-~
A RESOLUTION AMENDING DEVELOPMENT ORDER
NUMBER 85-J, FOR LELY, A RESORT
COMMUNITY, AS PREVIOUSLY AMENDED BY
RESOLUTIONS 85-249 AND 91-5; BY PROVIDING
FOR: SECTION ONE A, AMENDING THE MASTER
PLAN (EXHIBIT H); SECTION ONE B, AMENDING
SECTION 2, PARAGRAPH 0, LAND USE
DISTRIBUTION; SECTION ONE C, AMENDING
SECTION 4.C.4, VEGETATION AND WILDLIFE
AND SECTION 4.C.6, OTHER CONSIDERATIONS;
SECTION ONP. D, AMENDING SECTION 4.D.4,
4.::>.5 ANn 4.::>.G, DEVELorMENT COMMITMENTS;
SF.C7IOH ONE E, AMENDING SECTION" 12;
SEc'rICN TWO I FINDINGS OF PACT i SECTl:oN
THREE, CONCLUSIONS OF LAW: AND SECTION
FOUR, EFFECT OF PREVIOUSLY ISSUED
DEVELOPMENT ORDER, TRANSMITTAL TO DCA,
AND EFFECTIVE DATE~
WHEREAS., the Board of County Commissioners of Collier county I
Florida zq:.pt"oved Development Order 85-) t known as LaIy, A resort
community en May 21, 1985; and
vrHEREJ..S, the Board of County commissioners. approved Resolutions
85-249 and 91-5, which amended the Lely, A Resort community Development
order, on November 26, 1985 and January S, ~991 respectively; and
miER~lS, the Application tor Development Approval (ADA) was
incorporated into and by reference made' a part of the Development
order; and
~rnEREAS, the real property which is the subject of the Development
Order is legally described and set forth 1n Exhibit "All to the
Development Order; and
WHEREAS, the owners of the DR! property are desirous of amending
the Development Order; and
WHEREAS, Alan D. Reynolds, AICP or Wilson, Miller, Barton and Peek,
Inc., repr(~5enting the Lely Development Corpo::-ation, has petitioned the
Board of County Commissioners to further amend the Lely, a Resort
Community [)cvelopment Order; and
WHEREAS, the Collier County Planning Commission has reviewed and
considered the report and recommendations of the Southwest Florida
Regional Planning council (SWFRPC) and held a public hearing on the
petition on February 6, 1992; and MO" C151PAGt233
Words underlined are additions; Words ~trueK-~hrou9h are deletions.
-1-
~en,ja ilem NO.8
hiDVl2mDer 13, 20
82 of 1
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WHERF.AS, the Board or County commissioners of Collier County has
reviewed and considered the reports ot the SWFRPC and the Collier
county Planning commission and held a public hearing on the petition on
March 10, 1992;
NOW,
THEREFORE, BE
IT
RESOLVED BY THE
DOARD OF ComITY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENTS. TO DEVELOPMENT ORDER:
A. Development Order 85-3, ~s amended, for LeIy, a Resort
community, is hereby amended to read as follows:
The Macter Land Use Plan for Lely, A Resort Community, Development
Order 85-3, as previously amended is hereby further amended to effect a
new Master Land Use Plan as shown on Exhibit H, attached hereto and
incorporated by reference herein. Master Land Use Plan, Exhibit H, as
herein referenced replaces 'the Master Land Use Plan made a part of the
ADA and PUD documents originally adopted.
for LelYr a Resort Community is hereby amended ~o read as follo~s:
B. section 2, paragraph D. of Development Orde~ B5-3, as amended
D. The applicant proposes the development of Lely, A Resort
Community, Planned Unit Development, tor 2,892 acres, 10,150
residential dwelling units, a i2 59 acre resort center ~
350 hotel rooms and 315.000 st of related commercial space.
three (3) golf courses, 820,000 square feet of retail/office
space on 84 acres, a ~ sa acre cultural center site, and a
21.5 rr acre school site and a 44.0 acre Community ColJeae
dk..
c. section 4, Paragraph C.4, Vegetation and Wildlife and
Paragraph c.G, Other Considerations, of Development Order 85-3, as
amended, for Lely, a Resort Community, is hereby amended to read as
follows:
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4.
Vegetation and Wildlife
The applicant shall implement detailed site inspection for
rare, endangered, threatened and special concern wildlife and
plant species, with special attention to the Red-Cockaded
Woodpecker, for each phase proposed for final plat approval.
The Florida Game and Fresh Water Fish Commission and DCA may
provide the applicant with suggested methodology and
information on plant and animal species to be inventoried.
The applicant shall notify the Florida Game and Fresh Water
Fish Commission and DCA of the results of the survey and the
methodology used prior to any development within that phase.
Should the survey indicate the presence of rare, endangered,
threatened and special concern species, the applicant shall
undertake appropriate protection measures, which measures
shall be approved by these agencies within thirty (30) days
of submittal by the applicant and prior to final plat
approval land any site development.
Words underlined are additions; Words ~~r~ek-~hre~~h are deletions.
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Agr~nua Item No.
Hovember 13, 20
Page 83 of 1
A t ti d bv DCA and the Florida GaT:'le
~~ ~~~;~c~;~: m~~~~r~ ~~~~~v~~ '
a r 0 i oursuant to this orovlsion.
;h;li.b;"r~~~;ded.ih th~"~ffi;i;l records of collier County
and are herebY incoroorated bv reference.
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6. Other Considerations
The Lely site plan includes a provision for a ~ 59 acre
community College site to be donated to Edison Community
College. The ADA indicates that the College will serve
approximately 2500 students. Chapter 27F-2, F.A.C.,
Developments Presumed. to be of Regional Impact specifies that
any post'.secondary educational campus which provides tor a
design population of 3000 full-time students or any expansion
of more than 20t ot design population to an existing campus
iA presumed to be a Development of Regional Impact.
D. section 4.,' Paragraph D.", W~ter M.1.nagcment, Paragraph D. 5,
utilities, and Paragraph D. 6, Environmental Advisory Council of.
Development Order B5-3, as amended, for LelYr a Resort COlnIllunity, is
hereby amended to read as follows:
4. Water Management
a. Detailed water management construction plans shall be
submitted for approval to tho eOtln~y-EM~ineer~~9
Bepar~men~ Develooment Services Director prior to
commencement of construction.
b. Surface Water Management Permits shall be obtained from
the South Florida Water Management District prior to the
commencement of development.
c. The ~ater management for the Lely Resort Community shall
implement water quality t1best management practiceslt to
the extent possihle.
aT ~he-foiio~iMq-~ype~-of-deveiopmen~-wii%-provide-on-~i~e
water-monoqemen~-~y~tem~-to-retain-the-voi~me-prodtteed
by-either-~he-fi~~~-inch-of-runoff-or-the-;-year,-r-ho~r
~~orm-event,-whiehever-i~-~rea~er~--re~iden~ia%-~~e~
except-type~-i,-?r-and-3-fSee-~abie-%VAT7-e-ii-e-2,-and
e-3-deveiopment-paree~~T-Ee7-eei-Rer-a~d-PS-deveiopment
parce:t~";"
~ Water aualitv will be provided for the develooment in
the lake svstem in accordance with SWFWMD's current
oermittina recrulations.
eT Water-Kanogement-^dvi~ory-Board-~tip~lotion~~
8etai;ed-~ite-drainoge-p~on~-~hoii-be-~ttbmitted-eo
tne-Wo~er-Managemen~-^dvi~ory-Boord-ror-review-o~-~
pk~~e-ho~i~-a~-otl~~ined-in-~ke-BR=T--Ho
eon~~rtle~ion-~ermit~-~noi~-be-i~~~~d-~nie~~-and
tln~ii-opprovai-of-~ke-~ropo~ed-~on~~r~etion-in
oeeordonee-wibn-ehe-~ttbmi~ted-pion~-i~-9ran~ed-by
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An Excavation Permit will be required for the
proposed lakes in accordance with Collier county
Land Develooment Code. Division 3.5.. 8rdinenee
Words underlined are additionsj Words ~er~ek-ehro~gn are deletions.
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m~y-h~-amended-~"-ehe-f~~~r~T
Beveioper-~naii-eooperoee-wieh-e~~ney-Waeer
Ha"aqement-Be~artMe"t-i"-ooM~lee~on-of-pro~o~ed
Bi~trict-HoT-6-pe-4u-eanai-tfrom-~TBT-.t.-ocros~
Priee-S~reee-~o-ehe-north-~ine-of-Eoqle-ereek
pro;eetr-by-bein9-re~ponsible-for-tne-€oiio~in9~
aT Performinq-neees~ary-fieid-sttrveY5-and
~re~arotion-of-oetaiied-ioeation-map~-of
p~oposed-improvemeneST
bT Providin9-eOttney-seaff-with-n~ces~ary-leqai
des~r~peio"ST-or-other-doettment~,-reqttired-by
the-eOtt"ty-i"-it5-efforts-to-see~re-the
neee~~ary-p~oper~ies-andf~r-e~se~en~~-that
will-be-obt~ined-at-tne-eo~nty~s-e~pense-by
eit~er-ne9otiaei~"~-e~-bY-Means-~f-eminen~
domail"l":'
e-:- 8~bMi~~a~-c~-~eee~~a~y-~ermies-~o-app~oprio~e
aqene~e~-~or-~he-~roposed-improvemen~ST
eT Prepere~iol"l-of-deta~!ed-eon~~rMe~ion-p!en~-end
~peeifieation~-for-M~e-~y-eoMnty-in-~ne
eontrae~inq-pha~e-of-~he-propo~ed-imp~ovemene5
~ro;ee~:!I'T'
eT Preparaeion-of-on-^~reeaen~-be~~ee~-the
deveio~er-end-eOMn~y-to-ob%i~aee-~he-deveio~er
for-i6e'-of-the-~oeai-eon~~r~eeion-eo~~-of-ehe
~ropo~ed-improvemene~T
fT Perrormfnq-neee~~orY-field-%oyou~-~ttrveys
dMrinq-the-eon~erMeeion-pha~e-of-ehe-p~opo~ed
improveMene~-pro;eet~-and-oeher-a~5i5eanee-eo
eOMney-5taff-a~-reqMired-by-ehe-eOMney-in-ie~
admini~~raeion-and-in~peeeion-of-the-eontraee~
ror-ehe-propo~ed-imprOVeMe"eST
Contingent upon acquiring appropriate permits,
developer shall be responsible for the following
along its entire u.s. 41
frontage:
a. Construct necessary improvements to the borrow
canal along the northerly side of U.S. 41.
During Phase It developer shall be responsible for
the following along Rattlesnake Hammock Road:
a. Clean-out or the two crossings under the road
near the N1/4 post of Section 21, Township 50
South, Range 26 East.
b.
Improvements to the Swale along the south side
of the road along the entire development
frontage to serve as a spreader facility in
the adjoining low lying wetlands.
The "B-J & 4" Canal (from north....est corner of
Naples Manor across U.S. 41 to sufficient outlet in
wetlands in Section 3, Township 50 South, Range 26
East) shall be subject to developer/County
negotiations at the time of involvament with that
outfall.
Words underlined are additions; Words atrtlek-throtl~h are deletions.
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5.
Agenda item [\lo. 8
Utilitieo November 13. 200
P aoe 85 of 11
a. A cen~ra~ vater supply system shall be made 4vailable~to
all areas ot the project. The vater supply source for
the project shall be the Collier County system.
'. ...., ..-........
b. All ~rea9' o~.theproject 'shall be served by a central
wastewater collection system. ft"a-hy-a-~o~~ewaee~
~~eftement-~%ft"eT--~he-Pia"e-~hai%_be_eX~ftnded_a~
~eq~ired-eo-meee-ehe-p~o;eee_dema"d~T The wastewater
treatment and'~isco:al source for the nroiect shall b~
the Collier Count~ ~y~t~m.
c. The oev91opment shall be in sub~tantial compliance with
applicable -County laws and ordinances governing utility
provisions and facilttiece
U. Telephone,. 'power and T.V. cable service shall be made
available to the site.
e. Water and Sewer
1. Central water distribution and sewage collection
and transmission, system vil~ be constructed
throughout the project development by the developer
pursuant to all current requirements ot Collier
County and the State of Florida. The proposed
water and sewer facilities will be constructed
within easements to be dedicated to the county tor
utility purposes or within platted rights-of-way.
Upon completion of construction of water and Sewer
facilities vithin the project, the facilities will
be tested to insure they meet Collier County's
minimum requirement~ at Which time, they will be
dedicated to the County pursuant to appropriate
County Ordinances and Regulations in effect at the
time dedication is requested, prior to being placed
into service.
2. All construction plans and technical specifications
and proposed plats, if applicable, for the proposed
water distribution and sewage collection and
transmission facilities must be reviewed and
approved by the Utilities Division prior to
commencement of construction.
3. All customers connecting to the water distribution
and sewage collection facilities will be customers
of the County and will be billed by the County in
accordance with a rate structure and service
agreement approved by the County. Review-or-the
pro~e~ed-~~~e~-a~~-s~bseq~en~-apprevai_hY_~^e_BOa~d
ef-eo~n~y-eommissione~s-~~S~-be_eo~Pie~ed_prior_~o
ac~iva~ion-of-~he-~ater-and-sewer_faeiii~ies
serviein~-~he-pro;ect~--ba~er_reviewS_M~se_be_in
f~i~-eomPiianee-Wi~h-eoHn~y_erdinonee~_He~_?6_?~
and-83-iB-~5-ameMded,-revi~ed_or_~u~erseded~
4. It is anticipated that the County Utilities
DiVision will ultimately SUpply potable water to
meet the consumptive demand and/or receive and
treat the sewage generated by this project. Should
the county system not be in a position to SUpply
100' r51PIGl237
Words Underlined are additions; Words e~~~ck-~hro~9h are deletions.
-5-
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potable water to the project and/or receive the
project's wastewater at the time a ch~se of the
development commences, the Developer, at his
expense, or the Lelv communitv Develooment
District. will install and operata interift water
supplY and on-site tre~tment facilities and/or
interim on-site sewage treatment and disposal
tacilities adequate to meet all requirements of the
appropriate regulatory agencies.
5. -An agregment shall. be entered into between tho
County ~nd the Owner, at" the r,elv Community
Develooment District legally aoceptabla to the
county, stating that:
i. The proposed water supply and on-site
treatment f~clllties and/or on-site wastewater
treatment and disposal faciliti~o, it
required, are to he constructod a5 part o! the
proposed project and must be regarded as
interim; they shall be constructed to State
and Federal standards and are to be owned.
operated and maintained by the Owner, his
assigns or successors includina the communitv
Develooment District. until such time as the
county's central Water and/or Sewer Facilities
are available to service the project. Prior
eo_piaefn~-e~e-wa~er~~~ea~Men~i-~~~P%y-an~
d~~erihM~ion-aMofor-~ewoge-eo;!ee~ionT
t~a~~Mi~~ion-and-~rea~men~-faei!i~ie~-in~o
ee~viee_~he_eeve%oper-~ha~~-~~bm~~T-eo-the
eo~n~y_tB~i;!~t-Ra~e-Re9~io~in~-Boa~dt-for
the~r_~ev~ew_ono_approv~~T-o-~ehedti~e-of-~he
rotes_to_be_eharged_for_prov!dinq-~roee~~ed
woter_ondfor_~ewage-treatment-eo-the-pro;eet
nreo~
~:T ~he_prope~ed-~~e-hy-~he-he:Y-Re~o~~
geVe%o~ment-of-ehe-ey.~~~in9-cnd-po~en~ia~iY
expcndable_be:Y_Es~a~e~-Wa~~ewcter-~ree~mene
Faeil~ty_~he~:_be_re9arded-a~-an-ineerim
me~hoa_of_proYidinq-~eYaqe-ereo~mene-and
d!~po~ai_~erv!ee~-eo-~ne-pro;ee~T When the
County Water-Sewer District's central ~
and/or Sewer facilities are extended to and
available to provide service to this project,
oii_wn~tewaee~-genereeed-from the project
shall be permanently ~~ diver~ed into
the County's Central ~ and/or Sewer
Facilities.
~ iiiT Upon connection to the county.s Central Water
Facilities, and/or central Sewer Facilities,
the Owner, his assigns or successors shall
abandon, dismantle and remove trom the site
the interim water and/or sewage treatment
facility and discontinue use of the water
supply source, if applicable, in a manner
consisten~ with state of Florida standards.
All work related with this activity shall be
performed at no cost to the County.
Connection to the County's central Water
and/or Sewage Facilities will be made by the
owners, their assigns or successors at no cost
to the county within 90 days after such
facilities become available.
ilL-iv,;,
100' f:51 PlGl238
Words unde~lined are additions; Words ~er~ck-~nro~9h are deletions.
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~ef1da Item No.
~~O\/I:;mher 13, 20
Page 87 of 1
.u.. VT
All construction plans and technical
specifications related to connections to the
County's Central Water and/or Sewer Facilities
will be. submitted to the Utilities Division
for revIew and approval prior to COJlUnencement
ot construction.
~ ViT Tho owners, their assigns or successors shall
agree to pay all applicable system development
charges at the time that Building Permits are
required, pursuant to appropriate County
Ordinances and Regulations in effect at the
---"'- .~time _ot Permit request. This requirement
shall be made known to all prospective buyers
of prop~rties tor Yhich buildinry permits will
be required prior to the start of building
con'3truct.ion.
tlL y~f.;. The County at its cptlon may ,l~ase tor
operation and maintenance the water
distribution and/or sewer collection and
transmission system to the project owner or
his assigns for the sum of $10.00 per year.
Terms or the lease shall be determined upon
completion of the proposed utility
construction and prior to activation of the
water supply, treatment and distribution
facilities-and/or sewage collection,
transmis~ion and treatment facilities.
6.
Data required under county Ordinance No. BO-112
showing the" availability of sewage service, must be
submitted and approved by the Utilities Division
prior to approval ot the construction documents for
the project. Submit a copy ot the approved DER
permits for the sewage collection and transmission
systems and the wastewater treatment facility to be
utilized, upon receipt thereof.
h
e~e~~~on-~iB-~ho~%-be-modfffed-~o-reEiee~_oniY_~he
in~erim-~~e-oE-ene-oe%Y-ES~aee~-6ewaqe_~rea~mene
Faefiity-a~-~-~o~ree-of-~e~~~e-erea~mene_and
df~po~ai-for-the-pre,eee~~-wa~~ewaeer_fiow~T__~he
~i~ima~e-u~e-of-a-ee~nty-owne~-and-main~aine~
trea~~en~-oMd-df~po~ai-faeiii~r-~noii_be_eieariy
e:ddr'e5:!ed~
1... aT
Any items within the ADA document which conflict
with the above stipUlation shall be considered
void.
6. Environmental Advisory Council stipulations:
0)
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^-~ite-~iearin~-pian-~hO%i-he-s~bmit~ed-eo_ehe_Ha~~ra~
Re~otlreeS-Kaftaqemene-ee~artment_and_the_eomm~niey
Beveiopmene-ee~ar~ment-Eor-their-review_and_a~provai
prior-eo-any-e~b5eanefai-work-on-the_:!i~eT__~hie_Pian
maY-he-e~bmit~ed-~M-~ha~e~-~o-eoi"e~ae_w~th_~he
deveio~me"~-:!ehed~ie~--~he-~~ee-eiea~iM9_plan_ehail
elea~iY-dePte~-how-ehe-fi~ai-~iee_iayo~~_*Me~~po~oee5
re~oined-"a~iYe-Ye~e~a~io"-~o-the-maximHm_ex~eM~
P~~~ihie-~Md-how-roedeT-bHiidin9~T-iake~_perki"9_ioe~T
aMd-oehe~-faeiii~ie~-haYe-been-orie"eed_eo_aeeOMmoda~e
ehi~-9"oai~
ih
Site clearina nermit review nrocedure~ ~~~;;
~rdance with Section 3.9.6 of the 0
Develonment Code.
~~U~~V Land
Words underlined are additions; Words ~~~Hek-throtl9h are deletions.
-7-
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NotivO_5pec*ea_~na1i_he_~e*i%~edi-Wh~re-Ova%%ObieT-te
~he_~o~i~~m_eKtene-pos~ibie-~n-the-~ite-ian05COpinq
des*9nT__~_lon~5copin~_plOn-W~~%-be-5~bmitted-to-tne
Natttrai_Re50~reeS-Mano~emene-Bep~rtment-~nd-th7
eo~~nitY_BevelOPftent_Beportment-for-the~r-reY~ev-and
approvaiT__~his_Pion_V*~i_depiet-the-ineorporotion-Of
notive_~pee!e~_and_their_mix_with-other-5peeiesr-if-onYT
~he_~ooi_Of_site_lon~5eap*n9-ShOi%-be-the-reereotion-of
native_veqetation_ond_nohitot-ehoroeter~stic5-10st-on
the_site_d~rinq_eon5tr~etion-or-d~e-to-poot-oetivitieoT
lh
The use of native species in landscaoe olan~ shall be in
accordance with section 2.4.4.1 ot the Collier County
L~nd Develooment Code as adonted october 30. 1991.
e~
^ii_~~o~!e_~iaM~~T-o~-defiMed-iM-e~e-eottn~y-€ode7-~haii
be_re~eved_durir.~_eaeh_pha~e-ot-eon~e~tl~~~on-fre~
deve~opmen~_areO~T-o~e~-~~oe~-ond-pre~e~ve-~r~a~T
PoiiOwi"q_~i~e_develo~~ent-a-~oineena"ee-proqrom-~hail
b~_i~Piemen~ed_to_prevene-reinva~ion-of-~he-~i~e-hY-~tten
exoeie_~peeie~~__Th~~_plonT-whieh-will-de~eribe-eon~ro1
~eehniqtle~_ond_in~pee~ion-ineervai~7-~hali-be-ri~e~-wien
ono_opproVed_bY_the_He~~rai-Re~otlree~-Manogemene
Bepar~mene_and_the_eO~tln~tY-Bevelopment-Bepar~ment~
=
~'~i~~;~~ ~~ot;~ v~~~~~~;o~ ;emoval shall be o.rf~
i.n- c n IN h .G.6.6 of the Collier County
Land Develooment Code.
d~
ifT_dtlrinq_the_eOtlr~e-of-~~~e-e~eariMq7-exeava~ionT-or
o~her_eOn~~~tletiona~_ae~!v!~ie~7-an-arehaeoioqieai-or
his~~riea!_si~e7_nrt~rne~T-or-oeher-~no~en~or-is
oi~eOYereOT_a;!_oeYeiopmen~-a~-~hat-ioea~~on-~haii-be
immedia~eiy_~~opped_nnd_~ne_Nn~tlrni-Re~ouree~-Mnnaqemene
Beparement_no~if~edT--Beveiopmen~-w~i;-be-s~~pended-for
n_surfieient_lenq~h-of-~ime-~o-enabie-ehe-Na~urai
Reso~~ee~_Hannqement-8epnremen~-or-a-de~iqnated
eon~uitan~_~o_a~~e~~-the-find-and-de~ermine-the-proper
eotlr~e_of_oeeion_~n_~he_find_and_deeermine-the-proper
eotlr~e_of_oe~ion_in_reqero-to-ies-sniva~eabiiieYT--~he
Naetlra~_Re~Otlrees_Hnnngement-8epartment-~i%%-respond-t0
any_~uoh_notifieation-in-a-timeiy-nnd-effieient-manner
eo_ae_to_proYide_oniy_a_minimai-in~err~Ption-to-nny
eon~truetiona!-aeeiYieie~T
IL..
PI~;:di~:s I~~:~d;~~ ~n~ historical or archaeolooical
s ~ "~~n~h~.~~ ~1~~ e n accordance with Section
~ 25 1 County Land Development Code.
h
The fol~owin~ table summarizes native veoetation to be
~~ta!n~~ in ~he Lelv Resort community:
pH District 172.5 acres t
r;O District 182.4 acres t
GC District 111. :3 acres t
-
subtotal 466.2 acres
~c~~~~~. ~~d ~and use districts shall be as defined in
o C nt Ordinance 85-17 as amended.
100'
are additions; Words ~e~uek-ehrott9'h are deletions.
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Agenda Item f\jo.
l\iov-3rnber 13, 20
Page 39 of 1
-
-
L.
An additional 45.6 acres of native veaetation sha!l be
retained in the CO District. unt~l such time as toe
develooer elects to utili2A Section 11.02f7l of the
pun that ~11ow9 for develooment of un t? 210\ of the CO
District. At that time the develooe~ ~na_l
uemonstrate. as a condition ot Final Aooroval from
Collier County for develooment of any IICO" ar:ea~ that
an ecruivalent amount of native veqe;tati~n ~~s,been
retained elsewhere in the Droiec~ .nQ~ IDcludloa
olatted sinale family lots} to comnensate f~; any
oermitted CI development acreaae. un tQ a total of
45.6 llcres.
Prior to aooroval of any or-cooned develooment in
iurisdictional wetlands (as determined bv SWFWMD). the
~titioner ~h~tJ sub~~~~qat!on nl~n to Col~
Countv Proi~ Review Scrvjc~s Environmental st~tf for
review and. ao~rov~l. in accordance with South Flori~
Water Manaaement Di~trjct Aooendix 7.
'l/'
.a...... 'e1"
Hammock are.as, as identified in the DRI/ADA on-Exhfb~e
F, will be nrotected 9iven-~peeiai-ee~3idera~*on-f~_ene
reYiew-of-~he-3i~e-e;ea~~n~-~}~n~-per_~efpttiaeion_i~t
~ith clearing permitted only in those areas specifically
required to facilitate the residential clusters and
limited as much as possible.
b...t-. fr
Existing topographical control elevation in sUb~basins
C-l and h-5 shall be maintained.
gr
Re-efthcneemene-oe-~he-e~i3ein~-%ew_a~d_hf9h_ieve%
eonero~-on-Ba3i~-B-~-~o-~he-hi~eor!eai_ieve;3_whie~_~f;i
he-marked-by-er~-9~r~~n-~e~h-end-veriEied_hY_~he_Na~~roi
Re~e~ree-Mana~e~en~-Be~arbmeneT
E. Section 12 of Development Order S5-3, as amended, for Lely, a
Resort Community is hereby amended to read as follows:
Section 12. The Collier County Proiect Services Director
eemm"~~~y-aeveiepme"~-^dm~"~~~r~ee~ shall be the local official
responsible for assuring compliance with this Development Order.
SECTIGN TWO:
FINDINGS OF FACT
A. That the real property which is the subject of the proposed
amendment is legally described as set forth in Exhibit A, attached
hereto and by reference made a part hereof.
B. The application is in accordance with Section 380.06(19),
Florida Statutes.
PreviOUSly Approved DRI known as Exhibit B, and by reference made a
c. The applicant SUbmitted to the County a Notice of Change to
part hereof.
D. The applicant proposes the development of Lely, a Resort
Community on 2892 acres of land for
and residential tourist Uses.
commercial, residential, cultural
100' nSIr.Ct 241
Words underlined are additions; Words ~tr~ex-th~etlq~ are deletions.
-9-
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~genGa item N
r~(lVelTib(:::r 13,
900
E. A comprehensive review ot the impact generated by the
proposed changes to the previously approved development has been
conducted by the county's departments and the SWFRPC.
F. The development .is_not......J...n......an__ar.ea-designated an Area. or
critical state Concern pursuant to the provisions of section 380.06.
Florida Statutes,.as amended_
SECTION THREE: CONCLUSIONS OF LAW
A. The proposed changes to the previouslY approved Development
order do not constltl\te. a substnntial deviation pursuant to Spctlon
380.06(19) I Florida. Statutes. The ccope of the development to be
permitted pursuant to this Development Order Amendment includes
operations described in the Notice of Change to a Previously Approved
DRIr Exhlbit B, and the Lely, a Resort cornmunJty, Planned unit
Development Document, S'<C.'libit c/ attached hereto and by reference made
a part hereof'.
n. The proposed changes to the previously approved Development
Order are consistent with the report and recommendations of the SWFRPC.
c. The proposed changes to the previously approved development
will not unreasonably interfere with tho achievement of the objectives
ot the adopted state Land Development plan applicable to the area.
D. The proposed changes to the previouslY approved development
are consistent with the Collier county Growth Management Plan and the
Land Development RegUlations adopted pursuant thereto.
SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER,
TRANSMITTAL TO DEPARTMENT OF COMMUNITY AFFAIRS AND
EFFECTIVE DATE
A. Except as amended hereby, Development Order 85-3, together
with previous amendments, shall remain in full force and effect,
binding in accordance with its term~ on all parties thereto.
B. copies of this Development Order 92-~ shall be transmitted
immediately upon execution to the Department of Community Affairs
Bureau of Land and Water Management and the Southwest Florida Regional
Planning council.
C. This Development Order shall take effect as provided by law.
1001 P.51rm242
Words ~nderlined are additions; Words ~~r~~K-~hro~qh are deletions.
-10-
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EE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes ot this Board.
Commissioner
Saunders
offered the foregoing
Resolution and moy~d f?r its adoptio~, s~conded by Commissioner
(,,()(')(lni ghl'"
and upon roll call, the vote wa5:
AYES: Ccmn:issioner Saunders, Corrrrissioner Goodnight, Ccmnissioncr S1'\aii.!l.han and
Ccmnissioner Hasse
NAYS:
ABSENT AND NOT VOTING: Ccmnissioner Volpe
ABSTENTION:
D,one.; ~fl,~j ] Orh
"+.....,, : 'J/
AT'l;'EST: .: '.:."~. (~"
J~S c. GILES, C!~rk
day of
'1<lrr-h
, 1992.
BOARJyo,F ZOlIIllG APPEA S G/
COLWEll' COUNTY, FLORI._ ~ I
. /.,''U,..~
BY xi . V<.-tC//~
( MICHAEL J. VOLP 1 CHAIRMAN
Richard S, Sha.'18hnn, Vfce-Chainmn
sUfficiency:
::: ,', ~' ""~,l':~.", --
By, ~}/:~,,;..~ 4J. tl..
/ '" "., ,.
'1J .
,'"..
Approved as to form and legal
1i\.1~,-, In CJiU.L(uu;;
HARJ IE M. STUDENT
ASSISTANT COUNTY ATTORNEY
OOA-91-5 R.solution/nb/7419
1001 (;51 PAG, 243'
Words underlined are additions; Words ~~~Hek-~hroHqh are deletions.
-11-
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.
r\8t::llua Il~~1
~ '...A3.
~ ~age92'
~.~3CRIPTION
All that part of section 21, TOVTI5hip
East, collier County Florida being
described as follows:
..~"
50 South, ~ange 26
more particularly
commencing at the Northwest corner 0' said section 21. thence
along the west line ot said section ZI, south 2.-58'-09"
West, 50.11 feet to the south right~o'-way line of C.R. 864
(Rattlesnake Hammock Road); thence along said right-ot-way
.line, south 89--13'-25" East, 1596.21 teet to the Point of
Beginning of the parcel herein described:
thence continue along said right-ot-way line, south
89--13'-25" East, 1049.56 feet;
thence continue along said right-of-~ay
89._1~125" East, 261'7.27 feet to a pOlot
line of said section 21;
thence along the cast line of said Section 21, south
40-031-03" 'West, 5134.6::1 feet to the southeast: corner ot
saj,d section 21;
th~nce along t)IS south line. of f:aid section 21, North
890-281-16" Wl1st, 5166.93 teet to the SQuto\o'cst corner
of said sectic~ 2~;
~hence along the west line of said section 21, No=th
20-581-08'1 East, 2187.29 feet~
then~e leaving the west line of
51n-Sll-S711 East, 1418.70 feet;
thence northeasterly and northe=ly, 695.56 teet along
the arc of circular curve concave to the north~est,
"'ha"ring a radiu5 of Bl0.00 feet end being :!;u1::ltended by a
chord 'which bears Harth 27--151-56" :East,. 674..:\9 feet;
thence North 2~-J9'_5411 East, 2.58 feet;
line, south
on the east.
said section 21, North
thence northerly 1J6.03 feet along the arc ot a circula~
curve concave to the west, having a radius of 1390.00
feet end being 5ubtended by a chord ~hich bears North
00-081-1911 Hest, 135.98 feeti
thence'Horth ~J70-0JI-29" East, 227.18 teeti
thence North 160-181-47" East, 890.35 feet:
thence Harth lS--20'-17" West, 483.06 teet to a pa'int on
the South right-of-way line ot C.R. 864 (Rattlesnake
Ham..:1l.ock Road) and the point of beginning of the parcel
herein described:
AND
section 22, Township 50 south, Range 26 East, less and except
the North 1/2 of the Northwest 1/4 and less and except the
Northeast 1/4 of the Southeast 1/4 of the Northeast 1/4,
~ying ~est of C.R. 951, Collier countYl Florida,
AND
section 27, Township 50 South, Range 26 East, lying ~est of
C.R. 951, Collier county, Florida,
AND
section 2B, Township SO South, Range 26 East, less and except
that land as described in O.R. Book 542, page 765, collier
countY;Pu~lic Records,
AND
That part of the East 1/2 of
Range 26 East, lying north
collier county, Florida.
Section 33, Township 50 South,
of U. S. 41, (Tamia'tll.i Trail)
AND
That part of Section 34, ~ovnship 50 south, Range
lying west of c.R. 951, Collier county, Florida,
~OOI
26 East,
P51?lGlZM
AND
That part of Section J, Township 51, south, Range 26 East,
lying North of u.s. ~l, (Tarniani Trail) and West of C.R. 951,
less and except a 220' x 2201 lot at the intersection of U.S.
41 (Tamiarni Trail) and C.R. 951, and mora particularlY
described in o.R. Book 124, Page 459 of the Public Records of
Collier County, Florid~.
._"---_.~_.
'"; P:'::~~"';:
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--..-
(':
('
STA~E or FLORID^
Ot~ARTY.tNT OF CDKKUNITY AFFAIRS
D1Vl$10N or RtSOO~Ct PLANNING AND MANAGEMENT
BUREAU or ll.tSOURCt M.AN1I.GtME:NT
25i1 t~ecutive Center Circle~ East
~al14h4ssee, Floriua 32399
(!ili).q 48S-0-25
NDTIFICATION or A PROPOsm CRANGE TO " PPJ:VIOUSLY APPROVE!)
DEVELOPMENT OF REGIONAL' !MPACT (DRl)
SOBSECTION 380.06 (19), FLORlDA S'TAT'O'!'1:S
BM-OS-eo
Subsection 380.06 (19), Flor1~a St!l:tutes CISS5}, requires
~het sUbmittal ot a proposed cbange to a previously Approved Dk!
be mace to the loc~l g~vernment, the regicnal planning council.
and the &tat~ lA~d plAnning agency Ac=ording to this fc~m.
1.
11 J.Lm D. Reynold.. AICP
t the undersigned OVh~r
(.au~bori=ed rep:e"entative) of kIT D~nloP1lleor: COrPO,st:l'on t
(developer)
hereby 9ive notice of a proposed change to ~ previously
approved Development ot Regional Impact in a~cordance witb
Subsection JBO.C6 (IS), Florida St"-tutes (19a5).. In support
th~reof, I 6ub=it the folloving information concerning the
Leh'. A 'Ilesort: Co=u::dt".
lorir;inal " current prOject nAmes)
development, vhich information is t:ue and correct to the
best of my k.novledge.. I have GUbc.1tted toclay, under
separate cover, copies ot this completed notification to
Collier Counl:T
(local government)
to the Soutbvel.'lt rlodda Reqional Planning Council, and
to tbe Bureau of Resource Managetu~nt, Department of
Community Affairs..
a~~.-
. (S1qmu:ure)
4r::! j(, I ft/
(OZlte.) .
2.. Applican1: (nam~, ,address, pho:1t!). SEE: AITACIIXDtr A
3. Authorized "gent {na.me, address, phonet. SEE ATI'ACIlHE:NT A
4. Loca::ion (City, County, To....nship/Ra.nge/Section) of appronci
DJU l'..nd prop"s:~ ~So.. ,_~ ::::::'>':~HnT 1~n,11
100' fl51roGE245
-
Provide'~ complete description of the propos~d ChAnge.
Include ~ny pro?osed chanqes to th~ plAn of aevelopmentf
phA~ing, additional lands. commencement date, build-out date,
development order conditions and requirements, or in the
representations contained in either the development order or
tbe 1\.pplicat.ion for Pevelopment ,,"pprcval. SEE AT'I'ACBK!2rt A.
:ndicA~e such cb~nges on the project m~er Eite plan,
supplement.ing ~ith other detailed' m~ps, as ~ppropriate.
~dditional information may be requested by the Depar~~ent to
clarify the nature of the chAnqe or the resulting impae~s.
1t.ETIJt TO }JTAc:IlHENT 2. 3 and 4
Complete the following table for all land use types approved
in th~ 6ev~lopm~nt. If no ~hange is ptoposed 0: h~s
cccu:red, please indicate no change.
I CH
CBANGe
CJ..TEGORY
PROPOSED
Pw.N
ORIGIHhl..
PLAll
PREVIOUS D.O.
~G1: + DATE
t PArr.ing Spaces
t Spr:ctators
t- Seats
Sltr: location~l changes
^creA9r:, includin9
~rtinage, ROW, ease~ents, etc.
t External Vehicle
Trips
D.O. conditions
ADh representAtions
NIl.
Runvay (length)
Runway (strength)
Terminal (9rOs& square feet)
. Parking Spaces
. Gates
Apron ~rea (gross square feet)
Site locational changes
Airport AcreAge, including
drainage, ROW, easements, etc.
. External Vehicle Trips
D.O. conditions
ADA representations
NIl.
t Br:ds
. PArking Spaees
Building {gross square feet)
Site locational ebAnges
Acreage, including
drll.inage, ROW, ell.sementS, ete.
E.xternal Vehicle
NIA.
"f'.. ~ ......
100' r,51PlGl246
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BRM-OB-SG
Page Three
TYPE OF
LAND USE
Industrial"
Mining
Opncrtions
Off ice
Petroleum/Chem~
Storage
SUBSTANTIAL DEVIATION CHART (continued}
C~ANGE
CATeGORY
PROPOSED
PLAN
ORIGINAL
PLAN
Acreage, including
drainage, ROW, easements, etc.
: Parking Spaces
Buildings (gross square feet}
e Employees
Chemical storage
(barrels and Ibs.)
Site loc4tional changes
~ txt2rnal Vehicle
Trips
D.O. conditions
ADA representations
Acreage mined (year)
Water Withdra....al (Gal/day}
. SIze -ot Mine {.!l;cres} r including
drainage, ROW, ease~entsf etc.
Site locational changes
: External Vehicle
Trips
D.O. conditions
ADA representations
Acreage, including
drainage, ROW, easements, etc.
Building {gross square feet}
. Parking Spaces
t tmployees
Site locational changes
e External Vehicle
Trips
D.O~ conditions
ADA representations
PREVIOUS D.O.
CUANGE + DATE.:
Nfl,.
Nfl,.
NO CUA.NCES OTBER 'I'l
HIROR SIn R1:LOC..U':
AND PHASING OF
SQUARE FOOTAGE
Storage Capacity
{barrels and/or Ibs.J
Distance to Navigable RIA
Waters (feet)
Site Ioeational changes
Facility Acreage, includin9
drainage, ROW, easements, etc~
: External Vehicle
'l'ri~s
D.O. conditions
AOA rt:'presentations ~OO" 051PA':.t247
.."-~--"-_.__._---_.
-
TnE OF
loJ\ND USE
Port.s (.'",2. t in as 1
Res.iden<::.ial
Wholesale,
Retail,.
servic"e
Botel/llotel
-
SUBSTANTIAL DEVIAT10N CHART Icontinund'
CHANGE
CATEGORY'
PROPOSEJ)
PLAN
ORIGINAL
PLI,N
; boa:~, vet stC:l~C
t boatS, dry s~otage
Dredge and fill Icu.yds.)
Petroleum stor:qe (gals.)
Site ioeational chanoes
Port Acreage, includins.
cr~i~~ge, ROW, easeroent~, etc.
t External Vehicle
Trips
D.O. ,:onciitions
hDA represent.atians
f dwelling units
Type of 6""elling units
t 1 ats
Acreage, including
drainage, Rrni, easem~nts. etc.
site loeational changes
t External vehicl~
Trips
0.0. conditions
ADA representations
Acreage, including
drainage, ROW, easements, etC.
Floor Space (gross squa~e feet)
t Par~ing spaces
t Employees
Site loeational changes
t Externa.l Vehicle
Trips
DeD. conditions
ADA representations
* Rental Units
floor Space (gross square feet)
t parking Places
f. Employees
site loeational changes
Acreage, including
drainage, ROW, easements, etc.
t External Vehicle
Trips
D.O. conditions
ADA representations
-
PREVIOUS D.O.
CH.'\llGE + DAT::
N/"
Minor acreage and site
locatioa21 changes and
phasing of unitn.
(Refer to Attachments
2. and 11)
Minor acreage and site
locational ehnngea and
phasing of square
footage. (Refer to
Attachments 2 and 11)
'1
No change other thnn
phasing of hotel roams
,and square footage.
"
.'
I'
lOCK n51ml248
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'~:-~'!"...,-~...,.uo,.""':-" :;:.;, :'.,,;,', .,r.-;.;L.
BRH-08-86
Page Five
"--~-~--SUBSTANT!AL. DE:VrhTION- CHART (continued)
TYPE OF
LAND USE
CHANGE
CATEGORY
PROPOSED
PLAN
ORIGINAL
PLAt;
PREVIOUS D.(l.
CHAH(;C + PATE
R.v, Park
Acreage, including
drainage, ROHf easer.:entsr etc~
t parkin.g Spaces
Bu.ildings (gros.s squar.e feet.)
~ Employees
Site locational changes
i External Vehicle
Trips
D.O. c:lnditions
,\DA representations
~{! A.
Ope n Spa ce
(}1Lll natural
and vegetated
non-impe::-vious
!.;urfaces,)
Acreagf!
Site Ioeational changes
':rype of open Ep.?lCe
D.O. conditions
l.,.fJJ" represf:ntat.i.on~
J....cRI'.M:rs INC1t!!:b.Srn
Preservation,
Buffer or Special
Protection Areas
Acr:eage
Site locationel changes
Development of site proposed
0.0.. conditions
ADA representations
ACRt:A.GES INCRUSED
Note: If a response is to be more than one sentenc~, ~ttach
a aetailed description of each proposed change and copies of
the proposed modified site plan dr~wings. 'The Bureau may
request additional information from the developer or his egent.
7.
List all the dates and resolution numbers "(or other
appropriate identification numbers) of 'all modifications or
am~ndments to the originally approved DRI development order
that have have been adopted by the local government~ and
provide a brief description of the previous changes (Le. any
information not already addressed in the Substantial Deviation
Chart). gas there been a change in local government
jurisdiction for any portion of the development since the last
approval or oevelopment order ~as issued? If SO~ has the
annexing local goYernme~t adopted a new DRI development o,d~r
foc the project?
8.
SEE AmCIIME1fr A
Describe any lands purchased or optioned ~ithin l/~ mile of
the original DRI site subsequent to the original approval or
issuance of the DRI development order. Identify such land,
its size, and intended use on a project roaster site pl~n or
other map_
N/A
IDD' f151flGt249
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ERM-OS-8G
Page s1-x
SUESThNTH.L DEVIi\TION DETElUIINi\TIOll
_,_ IJ +~QLE.!Opos'eq chaI"tge to the previously approved DR! Ot'
developmen,t .C?rder condition does not meet or exceed eny of the
::rite;:..~ l~stE:d__i.n ,t.hc DR! cevelop,J7\e~t o~ci:r o,r in Sub,,(~,H,.,.,
..80.0tll_9l (oj, rJ.O::lOd :;U:.c."..:::.c~, tr~e~l :_;.~ J,OC~.l ,::;v,~:,'.j.
iUI:isdic~ion over the devc)ol?:i\Cl\t mUfit hold a p\lt.lic h2o-Ling Z\1\.J
~Bke a dcter~ination ~s tn.wtlether ~uch proposed changes constitute
a substanti~l deviation and will cause the development to be
subject to further developpent-of-regional-impact review. If the
locLl ~ovc:n~ent dete:mines that the proposed chanSe does not
require further deve]oproent-of-regional-impact review and is
othe~wise ll.ppro'lp.d,_ ~-.he 1oc.:-.J. go\r.ernr.len': r.n.lst issue ~n cme~drr.ent '':0
the o~veloprn~nt o~de: nco:porat~~~ the ~pprove2 ch~ng2 ana
conditio~s of ~?prov~l !e~~:i~g :0 the chang~. sutje~t to ~he
appet:.l ';)rovi:~ions c;f :::;ub.;;cc<;;:.i.on ::,BO_OGD.9}([), :'.S., ,,,,ne :;E-ct.l(ln
300.07, :_,;;"
Provide the fol1owinc roc incorpor~tion into such zn ~rnended
develo?ITIent orderr purSIJo.;'t t.O Sub$~ct.ions 350.06 t15J~ t.s.. ,Hid
9J-2.02.Sr ?lo.rida ,!Hlr.1inist...2.tiv0. Code:
9. An updated master site plan or ot.her pap of the development
portraying and distinguishing the proposed changes to the
previously approved DRI or develop~ent order conditions~
~[er to !xtacCmeot 2. (Maste~ Land Use Plan RZ-198b).
10. Pursuant to Subsection 3BO.06(19){f), r.s., include the
precise language that is being proposed to be deleted or
added as an amendment to the development order. This
languase should address and qu~n~ify:
~.
A;l proposed specific changes to the nature, phasing, and
build-out date of the development; to development order
conditions ana requirements: to com@itments and
re~resentations in the Application foe ,Development Approval;
to the acreage attributable to each desccibed proposed change
of land use, open space, areas for preservation, green belts:
to struc:~!e5 oc to other improvements inCluding lo~aticns,
'square footage, number of units: and other major
characteristics or components of the proposed change; Refer to
Attachment LO. and Atta'chment 11 for proposed changes.
An updated legal 'description of the propecty, if any project
acreage is/has been added or deleted to the previously
approved plan of dev~lopment;
b.
c.
NO ClLWCE
A proposed ~mended development orde! deadline for commencing
physical development of the proposed change~, if npplicable;
HO CllANGE
A prQpOsed amended develop~ent order termination aate that
!casonably reflects the time requited to complete the
developmer,t ~ NO CllAHGE.
a.
100' f151PAGl250
~ -------.-----.--.-..--
.---.------..-- -
-
-
_6n;::"",r'I'::~ itF"l.-~. 'I'
. '':::I~ _. .." "..., : \I
1-'~o\J:;n11DHr 13,
99
'BR}\-O 8-86.
Page Seven
. .
A proposed ame~ded developm~nt order date to which th~ loc~l
government l:lgte~s that: the cb.~ng~s tD the! DRI :"~hall not be
sUbject to down-zonin~1 unit Density reduction, or ~nten~ity
reduction, ~f applicabl~: and
f.
KIA
Propo~ed amend~d development order specifications for the
annual report, inCluaing the date of subm.is.sion~ contents,
and parties to whom the report is submitted as ~peclfied in
pubsection SJ-'2.02S (n. r.l<..c~
.fA
If the proposed change meets or eXCeeds subst~ntiAl
deviation c:iteria liSted in the DRr dev~lopment order, or In the
criterja listed in Suhsection 380.05(19; Cb), r~s., then the
proposed change II 1:. l'iLJbstllrtti.al deviation and shall be SUbject:
to further DR! review ....ithou,t the necessity fe::: ,:l:. pUbl!,c he-ariag
~nd determination by the local government.
...
100' 051"G,251
!
i
,
.
,
"
,I
i!
(
ATTACHMENT lS
PLANNED UNIT D&VELOPMtNT DOCUMENT
FOR
LELY, A RESORT COMMUNITY
PREPARED BY:
WILSON, MILLER, BARTON , PEE~, INC.
ENGINEERS, PLANNERS' LAND SURVEYORS
3200 Bail~y Lane at Airport Road
':, suite 200
Naples, Florida 339~2
March 1992
Date Approved by cepe:
Date Approved by Bee:
Ordinance Utlmber:
Date Amended by Bec:
Amending ordinance Number:
Mav 2. 1985
May 21, 1965
85-17
March 10, 1992
EXHIBIT "C"
1001 rJ51"Gt252
-, --...-......-----.--------'"...- -- -_..~ .-
------- -- --
-
SEC'I'ION I
SECTION II
SECTION III
SECTION IV
SECTION V
SECTION VI
SECTION VI!
SECTIONtVIII
SECTION IX
SECTION X
SECTION XI
SECTION XII
SLeTtON XII I
SEeTICH XIV
-
-/..>,genda item N
j'Joverni)8r 13,
~
~
List of Exhibits and Tables
!i
Statement of Compliance nnd Short
Title
iii
Property Description and Ownership
1-1
project Development
2-1
R ResidentIal
3-t
C-l Commer.cial/Community
4-1
C--2 COnutll!!tCilll/Profetsionat
3-1
C-J CommerCial/NeighborhoOd
6-1
EC Edison Coll~gc
7-1
CC Cultural Center
8-1
RC Resort Center
9-1
GC Golf Course
10-1
11-1
12-1
13-1
CO Conservation/Open Space
PR Cypress Preserve
PS Park/Elementary School
General Development Commitments
14-1
i
100' P.51r.Gt253'
-
-
-
LIST or EXHIBITS AN~ TABLES
EXHIBIT H
Kaster Land Use plan
{prepat~d by Wilson, Miller, Barton
, peek, Inc. File No.RZ-198
TABLE I
E.stimated Market Absorption Schedule
7hSLE II A
Development Standards 'R' Residential Area~
TABLE :cI B
Development Standards R' Residential Areas
ii
100' f15Ir.cE 254
..,------'------'
.. ,__~._.____.____~.__..____... om
... .-._..~-~--'--
-
-
-l'.~len:ji..l !;:;;:'!r: !'~
i~'(\."tbrn~)er 13
:_~3 D
SECTION t
PROPERTY OESCP,IPTION AND C,;'n<iERSHIP
1. 01
INTRODUCTION, LOCATION AND PURPOSE
It ii. the intent of. Lely Development Corporation
(her@!nafter called ~applicant or d~velopec") to develop A
Planned Unit Development: (P.U.D.) on appro::dm~tf!ly 2892.5
acre& of property located in Collier County, rlorida. The
subj~ct prDperty in generally bordered on the w~st by Lely
Estatcs.::Jo the north by CR 864 {RattlesnllX-& Hammock
Rand}, on ;-,h~ ~;'Z\IJt. by C'R 951 (Ide a( Capri ROl:!ldj f and on
th~ south by U.S. 41 (Tamiaml Trail E~s~). It is the
purpose of this document to ~5tablish th~ ~tandards and
guidelinett for the future development of ~h1s property.
1-1
!DDI 051,,,,255
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i\rOV~~mu8r 13. 2007
Page-; '106 IJf '; ; 0
Silva Garcia and Greg Hood
8942 Lely Island Circle
Naples, FL 34113
Collier County Government
Community Development and Environmental Services
2800 N Horseshoe Dr
Naples, FL 34104
Sept. 21, 2007
Dear Sirs,
We are in receipt of the Lely Resoli Phase I Tract 4 lOUD amendment.
Notwithstanding the poorly represented location map, the lack of clear proposed
construction, and the contemptible fact that the proposal was submitted when
nearly half of the homeowners are not in Florida (Aug/Sept when snowbirds not
present), WE ARE VEHEMENTLY AGAINST THIS PROPOSAL.
The main reasons are:
1. the only sliver of land abutting a pond with quiet and beauty will be gone
forever. An UNACCEPTABLE INCREASE in noise pollution, traffic, delivery
trucks, and overall congestion on a spit of land where there is already a traffic
light Wllich gets congested when there are 6 cars waiting to turn left or right
(intersection of Triangle and 41),
2. "Ole" townhomes along CR 951 are still not completed and are not habitable,
with every single spare inch of land built upon; and yet you are increasing the
density with yet more multi-family dwellings on the corner with the only peaceful
view of water and trees along the superhighway known as US 41.
3, a bankrupt Kmart, a gas station which closed at the corner of US 41 and CR
951 and has been vacant for 3 years, and random parcels of vacant
commercial spaces and land around the Kmart/Publix are an embarrassment
and an eyesore in the neighborhood. Why not shift the priority to marketing
these vacant commercial parcels to active healthy corporate buyers and leave
the proposed corner alone?
4. there is no WRITTEN guarantee that the ponds will not be touched nor
changed in any way, and this is not acceptable, Those ponds are reserved for
Lely homeowners' private fishing/hoating use.
In summary we urge you as our public officials to vote against this PUD
/1..r.:;ellda Itorr: i'~CJ_ E:~C
I\'ovembe" 13. 2007
Page 107 of -1'.0
amendment and leave the Lely Resort development as is.
Sincerely,
Silvia Garcia and Greg Hood
Agenda item l\Jo. [~(~
f~overllb8r 13, 20U7
/....." O'"'qP 1('0 "f -, ()
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N/Na /),~p
September 20, 2/;]o11'lTMENr
Mr. Willie Brown, A.JCP, et a!.
Department of Zoning and Land Development
Naples, Florida
Ladies/Gentlemen:
For those of us who own property in Lely Resort, but are wmble to attend the public hearing of
the amendment (P\JDA-2006-AR-jD333) that Stock Development LLCis proposing, we
respectfully submit that the amendment request is being initiated when many ofLcJy's residents
are absent.--whieh could allow its passing, \\1th little opposition.
Since many of US are not in residence. cannot attend the hearing, and given only a few weelcs to
consider the proposal, with all due respect, we ask that the motion be tabled until a greater
representation ofLely's residents are present. We need to be more informed about the type of
structure/s that will bc built....and to what purpose,
There is concern about the impact the mnendment's passing might have 011 the beauty ofLdy
Resort's main entrance, lmd the value of our properties. Apartment buildings, offices, and retail
establishments could detract from the beautifld expanse of greenery and water now visible from
Tamiami Trail East.
Will the proposed amendment allow fast food chains? Gasoline stations? Office buildings? If
apartments are permitted, will they be high-density or low-density constructionl hldeed,
"mixed-use" development could mean anything.
Who decides what is considered appropriate? How can we learn what kind of specific plans
Stock Development is presenting? Is there control over what sort of buildings are erected after
the amendment is passed? If so, does the Department of Zoning remain involved ill the
subsequent projects?
Finally, how can we obtain an official record of the proceedings?
Sincerely,
Robert and Diane Rebbec
6738 Bent Grass Drive
Naples, FL 34113
6 {(
;,10', ~hCKfytiL/ t?J
,
0-',)1"'111\ '.'1'[ 1N(\ , '1 V (jJ 17o"'{
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IB/01/2007 1~12
6174795437
CHENETTE.. PI.I JI-18 ING
I\;Jendap/W18 Ng2bC
Neve!ljt)s; A~:;', 20DL.__._~
Pdge 109 of i 'fO
Paul and Diane Chenette
14 Maypole Road
Quincy, MA 02169
Florida property address: Lely Resort
9139 Michael Circle #1
Naples, FL 34113
October 1, 2007
Collier County Current Planning Section
Development SSlVices Building
2800 Nort~l Horseshoe Drive
East NaploB, FL 34104
Attention: Willie Brown, Principal Planner
RE: PRtllion: PUD-2006-AR-1 0333
Dear Mr, Brown,
We, as property owners within 500 feet of Stock Development's requisition for
mixed-use development on the parcel fronting U,S, 41 and Triangle Boulevard,
do hereby request to go 01) record as being opposed io this said development
We would like this opposition to be so noted and counted at the meeting to be
heid on Thursday, October 4, 2007 as we are unable to attend the meeting,
in addition, we request a record of the proceedings of the October 41h meeting to
be sent to us at the abOVE! Massachus[~tts address or notified of a location to pick
U~l a copy of tile proceedings wl1en they become available, if any furtlwr
Information is required of us, please c<111617-922-3774, 617-471-9066 ore-mail
DICHENETTE@AOL.COM,
Thank you foi' YOUi' consideration.
Sincerely,
~~7UG (?111/f1c1!~jjfL)
C1~ 0, CJ6r'
Diane Chenette
Paul D. Chenette
co Newell Pl'Operty Management
Aquamarine Condo Association
10/02/07 11:01 FAX 508 706 7335
BOSE LEGAL
i'\']7,;nc:a d4M);O~o. gC
l'Jcwember 13. 2Cl-07
Page "~1] of i 1C!
Mark E. Sullivan
722 Jerusalom Road
Cohasset, MA 02025
October 2, 2007
fu. Facsimile
Florida properly address:
I.ely Reson
9113 Michael Circle 1"11
Naples, Fl_ 34113
Collier County Current Planning Section
Development Services Building
2800 Nortll HOI'00Sh06 Drive
East Napes, FL 34104
Attention: Willie Brown, I"rineipal Planner
RE: Petition: I"UD-2006-AR-10333
Dear Mr. Brown:
As a proper1y owner witllln 500 feet of Stock Development LLC's (Stock) proposed
mixed-use development on the parcel fronting U,S, 41 and 'rriangle Boulevard, I oppose
the requested Amendment sougllt by Stock,
I would like this opposition to be so noted end recorded at the meeting to be held on
ThlJrsday, October 4, 2.007. I mn unable to attend the meeting in p0~son,
llin "rely,
OA t l .M? ___c_~
rk E. Sui van
Attorney At aw
Gc: Newell Properly Mim~lg()mont bv facs; mile
clo Michelle Hing-Terrell
Agenda Item No. 80
November 13, 2007
Page 1 of 116
EXECUTIVE SUMMARY
PUDZ-2006-AR-9577, Tim Hancock, AICP of Davidson Engineering, Inc., representing
Page VI, LLC, is requesting a rezone from Rural Agriculture (A) and Special Treatment
(ST) Overlay Zoning District to the Residential Planned Unit Development (RPUD) zoning
district for property located on the east side of Livingston Road (CR-881), approximately
two (2) miles north ofImmokalee Road (CR-846), in Section 13, Township 48 South, Range
25 East, Collier County, Florida
OBJECTIVE:
To have the Board of County Commissioners (BCC) consider an application for a proposed
rezone to permit Della Rosa Residential Planned Unit Development (RPUD) 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 maintained.
CONSIDERATIONS:
The petitioner wishes to rezone the subject 15.38 acre site from Rural Agriculture (A) and
Special Treatment (ST) Overlay Zoning District to the Residential Planned Unit Development
(RPUD) zoning district. The RPUD proposes a density of seven (7) dwelling units an acre, for a
total maximum of ] 07 residential dwelling units.
The proposed Della Rosa RPUD is located in the Urban Mixed Use District - Urban Residential
Subdistrict and the base density for this Subdistrict is four (4) residential dwelling units per gross
acre which would give the developer a total of 62 multi-family dwelling units. The developer is
relying on the Future Land Use Element (FLUE) policy for Residential Infill Bonus for an
additional three (3) units per acre to achieve the proposed density of seven (7) units per acre
which would allow an additional 45 dwelling units. The developer intends to acquire Transfer of
Development Rights (TDR) credits to achieve the additional three (3) dwelling units per acre
which will have to be redeemed prior to the first Development Order approval.
As described in the staff report, the permitted principal uses will be for a multi- family residential
dwelling development with a minimum lot area of 10,000 square feet and a lot width of seventy
(70) feet. The maximum zoned building height is fifty (50) feet. The PUDs in the surrounding
area have various ranges of building heights as follows, The Pelican Strand PUD which is east of
the property has a maximum building height ofthiliy-five (35) feet for single-family and multi-
family dwelling units. The Tuscany Reserve PUD which is located nOliheast of the subject
property and situated just west of 1-75 has a maximum building height of fifty (50) feet for the
multi-family structures. The Royal Palm International Academy PUD which is southwest of the
subject property and immediately west of Livingston Road (CR-88 I) allows for building heights
of forty-five (45) feet and three (3) stories for the multi-family structures,
Page I of7
Aaenda Item No. 80
November 13, 2007
Page 2 of 116
With respect to the matter of compatibility with adjacent properties, the surrounding
neighborhood is vacant but, some of the parcels are currently under review with the County for a
potential rezoning of rural agricultural land to Residential Planned Unit Development's (RPUD).
Immediately east of the proposed project is Brandon RPUD (AR-I017I) which is currently
under review and scheduled to go before the Collier County Planning Commission (CCPe) on
January 3,2008.
The parcel to the north is the Mediterra PUD (Ord, 01-61) a golf course community with a
Village Center approved for 20,000 square feet of commercial space. The Village Center is
surrounded by 123 single-family dwelling units and 216 multi-family dwelling units, Mediterra
was approved for a total of 750 residential dwelling units at a gross density of 0.56 units per acre.
The parcel to the south is vacant but was approved for a Conditional Use for a fire station.
Further south is Royal Palm International Acadcmy (Ord. 03-54) which allows 550 multi-family
dwelling units at a gross density of 3.40 units per acre.
FISCAL IMPACT:
The rezone to RPUD by and of itself will have no fiscal impact on Collier County. There is no
guarantee that the project, at build out, will maximize its authOlized level of development,
however, if rezone to RPUD is approved, a portion of the land could be developed.
The County collects impact fees prior to the issuance of building permits to help offset the
impacts of each new development on public facilities. These impact fees are used to fund
projects identified in the Capital Improvement Element of the Growth Management Plan as
needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order
to meet the requirements of concurrency management, the developer of every local development
order approved by Collier County is required to pay fifty (50) percent of the estimated
Transportation Impact Fees associated with the project. The other fees are collected prior to
issuance of a building pennit 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 Collier County Planning
Commission (CCPe) to analyze this petition,
GROWTH MANAGEMENT PLAN IMPACT:
The subject property is designated Urban (Urban - Mixed Use District, Urban Residential
Subdistrict), as identified on the Future Land Use Map (FLUM) of the County's Growth
Management Plan (GMP). Relevant to this petition, this Subdistrict permits residential
development (variety of unit t}1les) at a base density of four (4) residential units per gross acre
and recreation and open space uses. This project is relying on the Residential In-fill provision of
the Future Land Use Element (FLUE) for an additional three (3) dwelling units per acre (du/a) to
achieve a density of seven (7) dwelling units per acre (du/a).
Page 2 of?
Aqenja iterrl hJO. 8D
Novprnber 13, 2007
Pclge 3 of 116
Base Density
Infill Bonus
Total Eligible Density
4 du/a
3 dula (one (I) dula shall be transferred from Sending Lands)
7 dula
The Residential In-fill provision states "To encourage residential in-fill in urban areas of existing
development outside of the Coastal High Hazard Area, a maximum of three (3) residential
dwelling units per gross acre may be added if the following criteria are met:"
a. The project is 20 acres or less in size; [The project is 15.38olo acres.]
b. At time of development, the project will be served by central public water and sewer;
[Provided for in Section 5.4, B of the PUD].
c, The project is compatible with sUlTounding land uses; [The site is located in the Urban
Residential Subdistrict which is identified as an appropriate location for residential land
uses.]
d, The property in question has no common site development plan with adjacent property; [The
property has no common site development plan with adjacent property,]
e. There is no common ownership with any adjacent parcels; [The properties to the north, the
east and south are cUlTently undeveloped and Livingston Road lies to the west of the site.
According to the Property Appraiser.s records there is no common ownership with any of the
adjacent properties,]
f. The parcel in question was created prior to the adoption of this provision in the Growth
Management Plan on January 10. 1989; [A copy of the Collier County Property Appraiser's
card was provided showing the property was in existence prior to 1989.]
g. Of the maximum three (3) additional dwelling units, one (1) dwelling unit per acre shall be
transfelTed fi'om Sending Lands. [The applicanfs Evaluation Criteria Narrative provides that
the applicant has obtained the rights to purchase TDRs to facilitate the additional requested
density. Section 3.1 of the RPUD document provides and authorizes a base density of 4 units
per acre for a total of 62 units. For each TDR that is purchased and trans felTed to this
project, an additional two (2) dwelling units may be added, for a total of three (3) additional
dwelling units per acre and a total of 107 units in the project. The petitioner has provided for
the specified number of TDR credits and for the redemption of those TDR credits in Section
3,2 of the RPUD document. The RPUD document further stipulates that at Site Development
Plan (SOP) application the developer will submit documentation of acquisition of all TOR
credits needed for the portion of the development composing the SDP as a condition for final
approval. The applicant will coordinatc with the Comprchensive Planning Depmiment and
submit an application to redeem the required numbcr ofTDRs for the project. and the project
review will remain in reject status until such time that the TORs have been redeemed, It is
also noted that at the time of SDP application, the applicant must provide the necessary
individual TDR tracking numbers for each TDR credit required by the SDP as a separate
exhibit to the application titled TDR Credit Verification Sheet.]
Page 3 of7
Agenda Item No. 80
November 13, 2007
Page 4 of 116
h. Projects qualifYing under this provIsIon may increase the density administratively by a
maximum of one dwelling unit per acre by transferring that additional density from Sending
Lands. [The project proposes to obtain the required TDR credits.]
Transportation Element: Staff has reviewed the project with respect to Policies 5.1, and 5.2 ofthe
GMP's Transportation Element and finds the project to be consistent.
Based upon the findings above, the Comprehensive Planning staff has determined that the
proposed use and density is consistent with the FLUE of the GMP.
AFFORDABLE HOUSING IMPACT:
The petitioner has committed to contribute one thousand dollars ($ 1,000) per residential dwelling
unit that will be constructed within the project and shall be paid to Collier County within seven 7
days of the closing on each residential dwelling unit. The payment of the sums set forth in the
RPUD document shall reflect a credit to the project's obligations to pay any fees that may be
adopted in the future by the County relating to tile provision of Affordable or Workforce
Housing.
ENVIRONMENTAL ISSUES:
Environmental Services staff has reviewed the petition and notes that the applicant has complied
with staff's recommendations and safeguards have been addressed within the RPUD document
and for this reason the rezone is consistent with the LDC and GMP.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDA nON:
The EAC heard the petition on January 11, 2007 and with a 6-0 vote recommended to forward
this petition to the Board of County Commissioners (BCC) with a recommendation of approval.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
The CCPC heard petition AR-9577 Della Rosa RPUD on September 20,2007 and by a vote of9-
o recommended to forward this petition to the Board of County Commissioners (BCC) with a
recommendation of approval subject to the following conditions:
1. An interconnection shall be constructed if the adjacent property along the north is developed
as commercial. The interconnection shall be located so as to abut the public utility easement
on the adjacent property.
2. The five (5) acre property adjacent to the south shall be dedicated as a preservation parcel
and shall not be used for mitigation or count as part of the preserve area for the Della Rosa
RPUD, The preservation parcel dedication shall be completed prior to the first development
order approval.
3. All mitigation for the Della Rosa RPUD shall be done in Collier County.
Page 4 of7
Agenda Item No. 80
November 13, 2007
Page 5 of 116
4, The parking deviation request shall be removed from the RPUD. [The RPUD document has
been revised to reflect the CCPe's condition].
5, Remove Sec 2.4 of the RPUD condition for a playground. [The RPUD document has been
revised to reflect the CCPe's condition].
Although the CCPC approval recommendation was unanimous, this petition was not placed on
the Summary Agenda because the Assistant County Attorney reviewing this petition has
requested that it be placed on the regular agenda to allow the motion and conditions of approval
to be discussed. It should be noted that the applicant agreed to all of the conditions. The CCPC's
recommendation was the result of a complex discussion, and the Assistant County Attorney felt
the BCC would be better served by hearing a review of that discussion before taking action in the
petition. Exhibit A is the applicable excerpt from the September 20. 2007 CCPC minutes,
LEGAL CONSIDERATIONS:
This is a site specific rezone from an "A" Agliculture Zoning District to a Residential Planned
Unit Development Zoning Disllict for a project to be known as the Della Rosa RPUD. Site
specific rezones are quasi-judicial in nature, As such the burden falls upon the applicant to prove
that the proposed rezone is consistent with all the criteria set fOlih below, The burden then shifts
to the Board of County Conunissioncrs (BCe). 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 pun Rezones:
Ask yourself the following questions. The answers assist you in making a determination for
approval or not.
I. Consider: The suitability of the area for the type and pattern of development proposed in
relation to physical characteristics of the land. sunounding areas, traffic and access, drainage,
sewer, water, and other utilities.
2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or
other instruments or for amendments in those proposed, particularly as they may relate to
arrangements or provisions to be made for the continuing operation and maintenance of such
areas and facilities that are "ot to be provided or maintained at public expense? Findings and
recommendations of this tvpe shall be made only ujier consultation with the county attorney.
3. Consider: Confonnity of the proposed PUD with the goals. objectives and policies of the
growth management plan.
4. Consider: The internal and external compatibility of proposed uses, which conditions may
include restrictions on location of improvements, restrictions on design, and buffering and
screening requirements.
Page 5 on
Aaenda item No. 80
N"ovember 13, 2007
Page 6 of 116
5. Is there an adequacy of usable open space areas in existence and as proposed to serve the
development?
6. Consider: The tlmmg or sequence of development (as proposed) for the purpose of
assuring the adequacy of available improvements and facilities, both public and private.
7, Consider: The ability of the subject property and of surrounding areas to accommodate
expansIOn.
8. Consider: Conformity with PUD regulations, or as to desirable modifications of such
regulations in the particular case, based on determination that such modifications are justified
as meeting public purposes to a degree at least equivalent to literal application of sueh
regulations.
9. Will the proposed change be eonsistent with the goals, objectives, and policies and future
land use map and the elements of the growth management plan?
10. Will the proposed PUD Rezone be appropriate considering the existing land use pattern?
II. Would the requested PUD Rezone rcsult in the possible creation of an isolated district
unrelated to adjacent and nearby districts?
12. Consider: Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change,
13. Consider: Whether changed or changing conditions make the passage of the proposed
amendment necessary.
14. Will the proposed change adversely influence living conditions in the neighborhood?
15. Will the proposed change create or excessively increase traffic congestion or create types of
traffic deemed incompatible with sunounding land uses, because of peak volumes or
projected types of vehicular traffic, including activity dUling construction phases of the
development, or uther"ise affect puhlic safety?
16, Will the proposed change create a drainage problem?
17. Will the proposed ehange seriously reduce light and air to adjaeent areas?
18. Will the proposed ehange adversely affect propcrty values in the adjacent area?
19. Will the proposed change be a detenent to the improvement or development of adjacent
property in accordance with existing regulations?
20. Consider: Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasted with the public welfare.
Page 6 on
A':]enda ltern No. 80
November 13, 2007
Page 7 of 116
21. Are there substantial reasons why the property cannot ("reasonably") be used in accordance
with existing zoning? (a "core" question...)
22. Is the change suggested out of scale with the needs of the neighborhood or the County?
23. Consider: Whether it is impossible to find other adequate sites in the County for the
proposed use in districts already permitting such use.
24, Consider: The physical characteristics of the property and the degree of site alteration
which would be required to make the property usable for any of the range of potential uses
under the proposed zoning classification,
25. Consider: The impact of development resulting from the proposed PUD rezone on the
availability of adequate public facilities and services consistent with the levels of service
adopted in the Collier County Growth Management Plan and as defined and implemented
through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art. II], as
amended.
26. Are there other factors, standards. or criteria relating to the PUD rezone request that the
Board of County Commissioners shall deem important in the protection of the public health,
safety, and welfare?
The BCC must base its decision upon the competent, substantial evidence presented by the
written materials supplied to it, including but not limited to the Staff Report, Executive
Summary, maps, studies, letters from interested persons and the oral testimony presented at the
BCC hearing as these items relate to these criteria. (MMSS)
RECOMMENDATION:
Staff recommends that the Board of County Commissioners (BCe) approve Petition PUDZ-
2006-AR-9577 Della Rosa RPUD subject to the CCPC recommendations except for condition
one (I) which states, "An interconnection shall be constructed if the adjacent property along the
north is developed as commercial. The interconnection shall be located so as to abut the public
utility easement on the adjacent property." Staff recommends that the interconnection shall be
constructed regardless of whether it is developed as commercial or residential. The intent of this
recommendation is consistent with the Transportation Services Division's request, to limit
multiple access points on Livingston Road (CR-88I ) when property owners can share one
ingress/egress point.
PREPARED BY:
Melissa Zone, Principal Planner
Department of Zoning and Land Development Review
Page 7 of7
Item Number:
Item Summary:
Meeting Date:
t'agc lot I
Am,ndi'i !1~1'l' N0, 80
r{,,,ember 13 2007
F'aqe!;: of 116
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
80
This Item requires that all P8r1ICipl1nts be sworn mand ex parte disclosure be fJrovided by
Commission members, Pet,tion, PUDZ-2006-AR-957i Page VI, LLC represenled by Tim
HancocK, AI:;P of OavlcsC\' Eng'neein9, Inc, i$ requesting a Planned Unity DFvE'lopment
(PUD) Rezone for thoc Geliil RO(;Ol PPUD, The rezollmg request IS to rezone from Rural
flgneul!ure ,:A) and Special Tre,lllTknt ,:ST) Overlay zoning dis!ric~ to tile Reslddniial Plol!med
Un,t DevBlopment (RPL'Dj zoning dlstnet. The proposed RPUD io located Winlin the Urban
Mixed US!? 8istnct wh<cn allow~ tar a bast> re"loentiai density of 4 ur-,its dn <JerG and the
GIO'.vth Man"gement Plan (GMP) infill provision allows for a maximum of three 131 addl:ional
units an ,Kr!? The R"'UD propooes a density of up to seven (7) units an acre, for a lotal
msx,rnum of 107 muitl-lalllllyr€sldentlal dwelling units Th"subJec~ property consist of 15.38
acres and is located on tile east side ofUvinqston Road. approximately 2 miies north of
Immokalee Rd, in Section 13 TOWIlShlp 48 South. Range 25 East. Collier County Florida
111~312007 90000 AM
Date
Prepared By
Melissa Zone
Community Development &
EnvironmentatServices
PtincipafPlanner
Zoning e Land Development Review
1012S!20075:57c24PM
Date
Approved By
Norm E. Feder, AICP
Transportation Services
Transportation Division Administralor
TransportalionServicesAdmin
11111200712:56 PM
Date
Approved By
MarleneStew21r!
Community Development &
EnvironmentillServices
ExeculiveSecretary
Community Development &
Env;ronmelltai Scrvices Admin
1111120072:08 PM
Date
Approved By
Ray Bellows
Cmnmunfly Deveiopmenl' &
EnvironnwntlllServices
ChiefPbnner
Zoning & Land Development ReView
1111120073:21 PM
Date
Allproved By
Su~"n Murray, AtCP
Community Dovelopment &
EnvironmentalSr,rvices
Zoning & Land Devewpmenl Dimctor
Zoning & Land DevetopmentRe'Jiew
1'111120073:40 PM
Date
ApI)rovedBy
NiekCasatanguida
TransportlllionServiees
MPODirector
TransportationPlann;ng
1111120074:12 PM
AppruvedBy
JosephK.Schmitt
Community r:J<'velopment &
Environnl"CltJiServices
Community Development &
Envlronrm)ntalServieesAdminstrator
D~te
Community Devclopmen1 &
Env,ronmenta!Ser'f<cest.\dmin
1111120079:10 PM
[int"
Approved By
MafJone M. Stlldent..Stirijng Ass,star.! County Attorney
11!;YZ0078:3BAM
Appruved By
County Attorney County Attorne}' Off'cn
R~ndyG;eenwald
Date
County M~nager's Office
Mm1agernontlBudgotAnalyst
:Jffice of Mnnngernent& Budget
1112J20079:08AM
Allproved By
Mark Isackson
County Manager's Officl'!
E1udgetAnalyst
Date
Office of Management & Budget
11/2120079,17 AM
Date
Approved By
James V, Mudd
Board of County
Commissioners
County Manager
County Manilger's Office
1117/20074:53 PM
file://C:\AgendaTest\Export\92- November'Yo20 13, %202007\08.%20ADVERTISED%20PU..
11/7/2007
AG{iOOA IIliNl,tfH'D
~-JovernDer 13. 2007
Page ~i of116
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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:
PETITION PUDZ-2006-AR-9577, DELLA ROSA RPUD
OWNER:
Page VI, LLC
333 Ohio Street
Indianapolis, IN 46204
AGENTS: Tim Davidson, AICP
Davidson Engineering, Inc.
2154 Trade Center Way, Suite #300
Naples, FL 34109
REQUESTED ACTION:
The petitioner is requesting a rezone Ji.om Rural Agriculture (A) and Special Treatment (ST) Overlay
Zoning District to the Residential Planned Unit Development (RPUD) Zoning District. The RPUD
proposes a density of seven (7) dwelling units an acre, for a total maximum of 107 multi-family
residential dwelling units on 15.38010 acres.
GEOGRAPHIC LOCATION:
The proposed project site is located on the cast side of Livingston Road (CR-881), approximately two
(2) miles north of Jm1110kalcc Road (CR-846), in Section 13, Township 48 South, Range 25 East,
Collier County, Florida, See location map on the following page.
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A.oenda Item No. SO
fiovember 13. 2007
Page 11 of 1 ~i 6
PURPOSE/DESCRIPTION OF PROJECT:
The proposed RPUD is located wilhin the Urban Mixed Use Dislrict which allows for a base
residential density of 4 units an acre. The applicant intends to obtain three (3) additional units by
purchasing Transfer of Development Rights (TOR) lo increase the dwelling units. The Future Land
Use Element (FLUE) Infill Bonus provision of the Growth Management Plan (GMP) allows for a
maximum of three (3) additional units an acre. The base density of four (4) units per acre Of sixty-two
(62) residential units, plus the three (3) bonus units for each TOR transferred to this project will
increase the residential dwelling units by fotty-five (45) units to a maximum of 107 multi-family
units.
SURROUNDING LAND USE AND ZONING:
Subject Parcel: Vacant, zoned Rural Agricultural (A) and Special Treatment Overlay (ST)
SUlTounding:
NOlth:
South:
East:
West:
Vacant, zoned Rural Agricultural (A) and Commercial (C-I)
Vacant, zoned Rural Agricultural (A) and Conditional Use (CU-OI-AR-1411)
Vacant, zoned Rmal Agricultural (A)
Vacant, zoned Rural Agricultural (A)
Zoninl! Map
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Page 3 of9
GROWTH MANAGEMENT PLAN CONSISTENCY:
Agenda Item No. 80
November 13, 2007
Page 12 of 116
The subject property is designated Urban (Urban - Mixed Use District, Urban Residential
Subdistrict), as identified on the Future Land Use Map (FLUM) ofthc County's Growth Management
Plan (GMP). Relevant to this petition, this Subdistrict permits residential development (variety of unit
types) at a base density of four (4) residential units per gross acre and recreation and open space uses.
This project is relying on the Rcsidential Tn-fiB provision of the Future Land Use Element (FLUE) for
an additional three (3) units per acre to achieve a density of 7 units per acre,
Base Density
rnfiB Bonus
Total Eligible Density
4 du/a
3 du/a (one (1) du/a shaB be transfelTed ii-om Sending Lands)
7 du/a
The Residential Tn-fiB provision states:
"To encourage residential in-fill in urban areas of existing development outside of the Coastal High
Hazard Area, a maximum of three (3) residential dwelling units per gross acre may be added if the
following critelia are met:"
a. The project is 20 acrcs or less in size; [The project is 15.38010 acres.]
b. At time of development, the project will be served by eentral public water and sewer;
[Provided for in Section 5.4, B of the PUDlo
e. The projcet is compatible with surrounding land uses; [The site is located in the Urban
Residential Subdistrict which is identified as an appropriate loeation for residential land uses,]
d. The property in question has no common site development plan with adjacent property; [Thc
property has no common site development plan with adjaccnt property.]
e, There is no common ownership with any adjaccnt parcels; [The propeliies to the nOlih, the east
and south are currently undcveloped and Livingston Road lies to the west of thc site. According
to the Propeliy Appraiser's records there is no common ownership with any of thc adjacent
properties.]
f. The parcel in question was creatcd prior to the adoption of this provision in the Growth
Management Plan on January 10, 1989; [A copy of the Collier County Property Appraiser's card
was provided showing the property was in existence prior to 1989.]
g. Of the maximum three (3) additional units, onc (l) dwelling unit per acre shall bc transfen'cd
from Sending Lands. [The applicant's Evaluation Criteria Narrative providcs that the applicant
has obtained the rights to purchase TORs to facilitate the additional requested density, Scction 3.1
of the PUD docunlent provides and authorizes a base density of 4 units per acre for a total of 62
units, For each TDR that is purchased and transferred to this project, an additional two (2) units
may be added, for a total of three (3) additional units per acre and a total of 107 units in the
project. The petitioner has provided for the specified number of TDR credits and for the
redemption of those TOR credits in Section 3.2 of the RPUD document. The RPUD documcnt
fmiher stipulates that at site development plan (SDP) application the developer will submit
documentation of acquisition of all TDR credits needed for the pOliion of the development
composing the SDP as a condition for final approval. The applicant will coordinate with the
Comprehensive Planning Depaliment and submit an application to redeem the required number of
TDRs for the project, and the project review will remain in reject status until such time that the
TDRs have been redeemcd. It is also noted that at the time ofSDP application, the applicant must
Agenda It8m No. 8D
November 13. 2007
provide the necessary individual TDR tracking numbers for each TDR credit required bfttile' SIDpi' 116
as a separate exhibit to the application titled TDR Credit Verification Sheet.]
h, Projects qualifying under this provision may increase the density administratively by a
maximum of one dwelling unit per acre by transferring that additional density from Sending
Lands, [The project proposes to obtain the required TDR credits.]
Policy 7,1
The County shall encourage developers and property owners to connect their properties to fronting
collector and mterial roads, except where no such connection can be made without violating
intersection spacing requirements of the Land Development Code, [The subject property is accessed
from Livingston Road, a minor arterial highway.]
Policy 7.2
The County shall encourage internal accesses or loop roads in an effo1t to help reduce vehicle
congestion on nearby collcctor and arterial roads and minimize the need for traffic signals. [The
RPUD Master Plan depicts a preserve arca along the southern p01tion of the site and a lake in the
center of the site, which precludes provision of a loop road.]
Policy 7.3
All new and eX1stmg developments shall be encouraged to C01mect their local streets and their
interconnection points with adjoining neighborhoods or other developments regardless of land nse
type, [The applicants review response regarding interconnection to the adjacent un-zoned,
undeveloped prope1ties to the north and east, states, "The applicant requests that this matter be heard
by the BCC. That no practical benefit occurs via interconnection since all properties access
Livingston Road (CR-881), Veterans Mcmorial Parkway, 01' both. No interconnections are therefore
being proposed", Due to the pending fire station along a p01tion of the southerly boundary and the
remainder containing on-sitc preserve area, statT considers an interconnection to the south not to be
feasible. Properly to the west is separated by Livingston Road (CR-881),]
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. [As no
deviation is requested, sidewalks will be required per the LDC. Different unit types are allowed thus
the potential for vmying densities (See, 3.3.A), Common opcn space is provided via the minimum
preserve area of 2.3 acres (See, IV). A contribution will be made to the Collier County Affordable
Housing Tmst Fund (Sec, 5.3).]
Conclusion: Based upon the above analysis, staff determines that the proposed rezone may be
deemed consistent with the Future Land Use Element, of the Growth Management Plan, The issue of
project interconnection to the north and east remains an area of disagreement.
TransPoltation Element: Staff has reviewed the project with respect to policies 5.1, and 5.2 of the
GMP's Transportation Elcment and finds the project to be consistent. However, it does not find the
same for Policy 9.3 of the TranspOltation Element. An interc01U1ection to parcels to the nOlth (aligned
with the adjacent 30-foot roadway casement) and an interconnection to the proposed Brandon RPUD
to the east (currently under submittal) should be shown conceptually on the PUD master plan.
Page 5 of9
ANALYSIS:
AqenJa l1em t\Jo. 80
NDvember 13, 2007
Page 14 of 116
Staff completed a thorough evaluation of this land use petition and the criteria on which a favorable
determination would be based. The criteria are specifically noted in Section 10,02.13 and Scction
10.03.05 of the Land Development Code and required staff evaluation and comment. The Planning
Commission will use the same criteria as the basis for their reconunendation. Each of the potential
impacts or considcrations identified during the staff review are listed under eaeh of the critcrion noted
and are summarized by staff, culminating in a determination of compliance, non-compliance, or
compliance with mitigation, These evaluations are completed as separate documents and are attachcd
to the staff report as Exhibit" A" and Exhibit "B".
Utility Analvsis: The Publie Utilities Division staff has revicwed and approved the petition. The
RPUD document requires the Developer to meet all applicable County ordinances in effect at the time
constl'Uetion documents are submitted for development approval. Design and construction of all
improvements shall be subject to complianee with appropriate provisions of the LDC,
Bureau of Emergencv Services Analvsis: The future homes of the Della Rosa RPUD will be located
in a Category three (3) hurricane surge zone, whieh requires evacuation during some hurricane events,
Adding to the residential units in this area further taxes an already tight evaeuation and sheltering
situation within Collier County. While there is eurrently no impact mitigation required, it should be
noted that approval of this PUD increases the evaeuation and sheltering requirements for the County.
Transportation Analvsis: The TranspOltation Serviees Division recommends approval subjeet to the
Developer commitments contained in Section 5,2 of the RPUD as well as an interconnection to the
proposed Brandon RPUD whieh is located on the eastern boundary of this RPUD.
Enviromncntal Analvsis: Environmental Services staff has reviewed the petition and notes that the
applicant has complied with staff's reeommendations and safeguards have been addressed within the
RPUD documcnt and for this reason the rezone is consistent with the LDC and GMP.
Environmental Advisorv Commission (EAC): The EAC heard this petition on January 11, 2007 and
with a 6-0 vote in favor to forward this petition to the Board of County COImnissioners (BCe) with a
reconm1endation of approval with the following condition:
I. Tl1e projcct must obtain an Environmental Resource Permit from the South Florida Water
Management District prior to issuaJ1Ce of any site plan approvals.
Zoning and Land Development Review Analvsis: The Zoning and Land Development Review
analysis applies specifically for current and future land use plmming and focuses on the relationship
of the RPUD to the surrounding properties, As mentioned previously, the RPUD proposes a
maximum of 107 multi-family residential dwelling units which will result in a gross density of seven
(7) dwelling units per acre. The Urban Residential Subdistrict base density is four (4) residential
dwelling units per gross aere which would give the developer a total of 62 multi-family dwelling
units, The developer is relying on the FLUE policy for Residentiallniill Bonus for an additional three
(3) units per aere to achieve the proposed density of seven (7) units per acre which would allow an
additional 45 dwelling units, The developer intends to acquire TDR credits to achieve the additional
three (3) dwelling units per acre which will have to be redeemed prior to the first Development Order
approval.
Page 6 0[9
Agen:J5 Item I\jo. 80
f\WV8:1;l:;,sr i 3 2007
As mention previously, the permitted principal uses will be multi-family residential dwcITmg {\riit~i 16
with a minimum lot area of 10,000 square feet and a lot width of ;;eventy (70) feet. The maximum
zoned building height is fifty (50) feet. The PUDs in the surrounding area have various ranges of
building heights. The Pelican Strand PUD which is east of the property and lying west of 1-75.
Pelican Strand PUD has a maximum building height of thirty-five (35) feet for single-family and
multi-family dwelling units, The Tuscany Reserve PUD which is located northeast of the subject
property and situated just west of 1-75 has a maximum building height of fifty (50) feet for the multi-
family structures, The Royal Palm International Academy PUD which is southwest of the subject
property and innnediately west of Livingston Road (CR-881) has pcrmitted forty-five (45) feet and
three (3) stories for the multi-family struehlres,
With respect to the matter of compatibility with adjacent properties, the surrounding neighborhood is
vacant but, some of the parcels are currently under review with the County for a potential rezoning of
rural agricultural land to Residential Plmmed Unit Development's (RPUD). The proposed RPUDs
will consist of single-family and multi-family homes. Immediately cast of the proposed project is
Brandon RPUD (AR-10171) which is currently under review and scheduled to go before the Collier
County Planning Connnission (CepC) on November I ,2007 (Exhibit D),
Transportation Services Division is requiring the proposed RPUD to interconnect to this parcel. It
should be noted that both petitions are currently being pursued by surrounding land owners who are
land locked for the potential for access points for intereOlmection. The property owners have request
an access point in a lctter addressed to staff. This letter is included among the exhibits for this staff
report.
The parcel north is Mediterra PUD (Ord 01-61) a golf course eonmlUnity with a Village Center
approved for 20,000 square fcct of commercial space, The Village Center is surrounded by 123
single-family dwelling units and 216 multi-family dwclling units, Mediten'a was approved for a total
of 750 residential dwelling units at a gross density of 0.56 units per acre. The parcel to the south is
vacant but was approved for a Conditional Use for a fire station. Further south is Royal Palm
International Academy (Ord. 03-54) which has a permittcd 550 multi-family dwelling units at a gross
density of 3 AO units per acre,
Dcviation from LDC requiremt:pts: The applicant is also requesting a deviation from the LDC section
4.05.04 for parking space requirement. Under the LDC, multi-family dwellings units shall have one
(I) parking space per two (2) bedrooms or larger unit. Within Section VI of the RPUD document, the
justification is based on the anticipated target market which will be seasonal residences, Staff does
not have a problem with the deviation request because the site design of the homes is disclose to tbe
potential buyers,
Based on staffs review of the proposed project and the adjacent existing and anticipated land uses,
Della Rosa RPllD is compatible with the sUlTounding property as well as eonsistcnt with the GMP
provisions and LDC regulations.
NEIGHBORHOOD INFORMATION MEETING (NIM):
The agent for the applicant properly advertised and held the required NIM at North Naples Middle
School cafeteria on March 12,2007 at 6:00 P,M. There were ten (l0) residents present at the meeting
along with, the applicant's team and county stafr. Tim Hancock, of Davidson Engineering, Inc., the
agent for the petitioner presented an overview of the zoning request and proposed development. The
residents who attended the NIM did not oppose the project but had several questions that were
Page 7 01'9
Agenda Item No. 8D
November 13, 2007
addrcsscd by the developcrs and their agcnt. The concern that the height (maximum 50 f€'clY'Uf~hlJ 116
residential stlUcture's may not be compatible) Mr. Hancock responded that nearby approved Tuscany
Reservc is a "mid-rise" project and the permitted multi-family structures height is 50 feet and thc
dcvelopment to be known as Della Rosa is consistent with urban, residential zoning, The project is
proposing four (4) to five (5) buildings on 15.38 acres with 7 units per acre density via participation
in the TDR credit program, The residents wanted to know if the proposed RPUD will be a gated
community and if the developer would be providing workforce or affordable housing units, The agent
informed the residents that the homes being constlUcted will not be affordable housing and the intent
of the developer is to gate the community and provide recreational amenities for the residents. The
agent also mentioned that the development will be accessed via a right in, right out from Livingston
Road.
Another concern was if there are wetlands on site and how the developer intends to address the water
flow. The agent mention that the environmental resource permit(s) (ERP) have been applied for and
the sheet-flow has been damned on this site due to surrounding development; drainage will be via
swales and lake(s) with two discharge points into the wetland (area on site). The central water and
sewer to be accessed will be through tlle County and the landscaping will exceed code requirements.
RECOMMENDATION:
The Collier County Planning Commission (CCPC) forwards to the Bce a recommendation of
approval for petition PUDZ-2006-AR-9577 Della Rosa RPUD subject to the following conditions..
1. The project must obtain an Environmental Resource Pennit from the South Florida Water
Management Distric1 prior to issuance of any site plan approvals.
2. The petitioner shall provide a vehicular interconnection along the notthern boundary of the
subject property.
. LIST OF STAFF REPORT EXHIBITS:
Exhibit "A" - Rezone Findings
Exhibit "B" - PUD Findings
Exhibit "c" - FLUE Consistency Memo
Exhibit "0" - Brandon RPUD location map (AR-10171)
Page 8 of9
Agenda Item No. 80
November 13, 2007
Page 17 of 116
PREPARED BY:
:~/o7
REVIEWED BY:
'1)1~Al~ on~_~()flAtJ;_'n
MAR.l RIE STUDENT-STERL~~~
ASSISTANT COUNTY ATTORNEY
':;:lIt '8/0T
DATE
9 ~{807
DATE
..A---...-----'
RAY LLOWS', ZONING MANAGER
DEPARTMENT OF ZONING AND
LAND DEVELOPMENT REVIEW
,i".AA-Jv, Ljrl. v.l.L1:Jl/IU2.A,/
SUSAN M. ISTENES, AICI', DIRECTOR
DEPARTMENT OF ZONING AND
LAND DEVELOPMENT REVIEW
c;/x%7
DATE
APPROVED BY:
/~ ~
- /J "
,.....~.
PH K. SCHMITT ADMINISTRATOR
MUNlTY DEVELOPMENT AND
E VIRONMENTAL SERVICES DIVISION
~~
Tentatively scheduled for the November 13,2007 Board of County Commissioners Meeting
COLLI'R COUN11 PL~rJ:'IN.? COMMISSION:
. eevl-'\ I J NCC'"~
R P. STRAIN, CHAIRMAN
Page 9 of9
REZONE FINDINGS
PETITION PUDZ-2006-AR-9577 Della Rosa Park RPUD
Agenda Item No. 8D
November 13, 2007
Page 18 of 116
Chapter IO,03.05.G of the Collier County Land Development Code requires that the report and
recommendations of the Planning Commission to the Board of County Commissioners shall
show that the Plmming Commission has studied and considered the proposed change in relation
to the following, where applicable:
1. Whether the proposed change will be consistent with the goals, objectives, & policies
ofthe Future Land Use Map and the elements orihe Growth Management Plan.
Pro: The Comprchcnsive Planning Depmtment has llldicated that the proposed rezone is
consistent with the Future Land Use Element (FLUE) land use designation or the Growth
Management Plan (GMP),
Con: The proposed density of seven (7) dwelling units per acre is greater than the
surrounding Planned Unit Development's (PUD). The average density in the surrounding
area is between 0,56 to four (4) dwelling units per acre.
Findings: The proposed change is consistent with the designated Urban-Mixed Use,
Urbatl Residential Subdistrict on the FLUE, therefore, the project is consistent with the
GMP,
2. The existing land use pattern;
Pro: The existing pattern of development is mixed residential units which include multi-
family and town-homes. The project is consistent with the existing residential land use
patterns as explained in the staff report.
Con: The area is primarily vacant and staff is unable to detel1nine how future growth will
develop in the area. However, the Future Land Use is designated Urban-Mixed-Use
District, Urban Residential Subdistrict.
Findings: The increase of density per the FLUE In Fill provision is deemed acceptable
for this site because the infrastructure is already in place and the development is in accord
with the goals and objectives of the GMP provisions and LDC requirements.
3. The possible creation of an isolated district nnrelated to adjacent and nearby
districts;
Pro: An isolated district from the neighborhood is dctemlined by topography and
inadequate public facilities. Since the proposed RPUD rezone is consistcnt with the GMP
with regards to adequate public facilities the change will not create an isolated district.
Con: None
Findin!!s: The proposed RPUD rezone will not result in an isolated district since the
proposed residential uses and density complies with the FLUE.
EXHIBIT A
Iof6
Agenda item No. 80
r,overnber 13, 2007
4. Whether existing district boundaries are illogically drawn in relation to Pe~st1llg'f 116
conditions on the property proposed for change.
Pro: The existing parcel is vacant land and as such, the land use is consistent with the
land uses sUlTounding the subject site,
Con: None
Findings: The district boundaries are logically drawn and follow the cxisting propcrty
boundaries. Therefore, the project is compatible with existing conditions as well they are
consistent with the Urban Residential Subdistrict, as identified on the Future Land Use
Map of the GMP.
5. Whether changed or changing conditions make the passage of the proposed
amendment necessary.
Pro: The request is reasonable because the density infill bonus allows for higher density
and more units in an area with fewer natural resource consu'aints and where existing and
planned public facilities are concentrated,
Con: The proposed RPUD rezone is not obligatory at this location.
Findings: The proposcd R PUD rezonc is appropriate based on the existing conditions of
the property and because it adheres to the FLUE,
6. Whether the proposed change will adversely influence living conditions in the
neighborhood;
Pro: The proposed dwelling unit types are similar to the currently approved Tuscany
Reserve PUD multi-family development in the area, The residential development can be
designed to be compatible with the surrounding residential neighborhoods. In addition,
the existing residential uses located to the north and east of the property would be
buffered from the proposed development with the proposed landscaped berm, In addition,
the LDC and GMP require the dcsign of new developments to be compatible with
adjacent properties, This will occur through the land development regulation site plan
approval process.
Con: The project proposes a density that is four (4) to five (5) additional dwelling units
more pcr acre tllan the currcntly approved projects in the area,
Findings: The development will not adversely affect the living conditions in the
neighborhood because the recommended dcvelopmcnt standards and other conditions for
approval have been designed to ensure the least amount ofadvcrse impact on the adjacent
and nearby developments.
7. Whether the proposed changc will create 01' excessively increase traffic congestion
or Cl.eate types of traffic dcemed incompatible with surrounding land uses, because
of peak volumes or projected types of vehicular traffic, including activity during
constructiou phases of the development, or otherwise affect public safety.
EXHIBIT A
20f6
Aaenda Item r..Jo. 80
N~ovelTtber 13. 2007
Pro: The site generated trips will not lower the Level of Service (LOS) b6l(l,'W 'lRff 116
adopted LOS standard for Livingston Road (CR-881), Therefore, the project is consistent
with policy 5.1 and 5.2 of the GMP.
Con: Since the site is eligible for seven (7) dwelling units per acre based on the
Residential In fill density bonus, as a result, there will be more site generated trips than
similar developments in the area.
FindinE!s: The Transportation Services Division has reviewed the proposed PUD and has
recommended approval of the petition based upon the project will not lower the LOS
below the adopted LOS for the area, During the first development order procedure the
applicant will have to provide Transportation Services Division with a traffic impact
study prior to the completion of the project. At that time, any idcntifiable local road
impacts that are a result of the proposed project will be mitigated by the developer.
8, Whether the proposed change will create a drainage problem;
Pro: The proposed change should not create drainage or surface water problems because
the proposed water management and drainage is designed to prevent drainage problems
on site and is compatible with the adjacent water management systems. Additionally, the
LDC and GMP have regulations in place that will ensure review for drainage on new
developments.
Con: Staff will not determine if the new development will have drainage problems until
the review of the first development order.
FindinE!s: Evcry project approved in Collier County involving the utilization of land is
scrutinized and required to mitigate all sub-surface drainage generated by development
activities as a condition of approval. The drainage plan has been approved for all existing
land uses and future development will be reviewed at the time of the first development
order. This ensures that the drainage meets County standards.
9. Whether the proposed change will seriously reduce light and air to adjacent areas;
Pro: The proposed development requires the site to conform to the development
standards which are based on the LDC. These standards provide for open space, cOlTidor
management, and building height restrictions, etc, to prolecllhe adjacent areas.
Con: None
FindinE!s: The proposed change will not have an adverse impact on adjacent properties.
Furthermore, the final site design and the effcct of light and air on adjacent properties
will be finalized at the time of first development order.
10. Whether the proposed change will adversely affect property values in the adjacent
area;
Pro: Urban intensification lypically increases the value of adjacent land, Additionally,
the development standards are similar to those approved for the surrounding
developments.
EXHIBIT A
30f6
f-,,;;endE: !em ~~O_ SO
~\JovelTlb8r 1 T 2007
Con: There is no guarantee that the project will be markcted in a maImer compttrnb'1e'to':lf l' 6
the surrounding developments,
Findings: Propcrty valuation is affected by a host of factors including zoning; however
zoning by itRclf mayor may not affect valucs, since value determination by law is driven
by market value. The mcre fact that a property is given a residential zoning designation
should not affect value becauRe the surrounding arca is also residential zoning.
11. Whether the proposed change will be a deten.cnt to the improvcmcnt or
development of adjacent property in accordance with existing regulations;
Pro: The adjacent properties are also designatcd Urban Residential on the FLUE and
they allow for similar dwelling types. Therefore, the proposed devclopment will not be a
dcterrent to the improvement of adjacent properties,
Con: None
Findings: The LDC's criteria for review of each land use application to allow Planning
Commission aIld Board of Commissioners to follow standardizcd review process which
requires consistency of the GMP. The development of adjacent properties, in accordance
with existing rcgulations, will not be affected if this rezone amendment is approved.
12. Whether the proposcd change will constitute a grant of special privilege to an
individual owner as contrasting with the public welfarc;
Pro: Land Use application are subject to the public hearing process to assure that the
rezone thereby authorized shall not constitute a graIlt of special privileges inconsistcnt
with the limitations upon other propertics in the vicinity in which the property is situated.
Con: None
findings: The proposed rezone complies with the land use designation of the Urban
(Urban ReRidential Subdistrict) on the Future Land Use Map (FLUM) of the GMP, which
is a Pllblic policy statement supporting zoning actions when they are comistent with the
entire GMP.
13. Whether there are substantial reasons why the property cannot be used in
acco,.dance with existing zoning;
Pro: Thc proposed RPUD rczone complics with the future land use element of the GMP
becallse it will be used in accordance with the existing residential zoning within the area,
Con: None
Findings: The subjcct property could not develop residential dwelling units 111
accordance with the existing zoning because the eU11'ent zoning is Rural Agriculture
which does not allow for intensity 0 r residential homes.
EXHIIlIT A
4of6
Agenda Item rJo. 80
November 13, 2007
14. Whether the change suggested is out of scale with the needs of the neighborih@.d2iilDf 116
the County;
Pro: The proposed rezone meets all objective criteria set forth for residential zoning and
conforms to the pUlpose and intent of the OMP and all its elements.
Con: The proposed RPUD would authorize residential densities greater than those
proposed for nearby properties.
Findings: The proposed RPUD will not generate vehicular trips that willlowcr thc LOS
below adopted standards thc project will not adversely impact the neighborhood, The
proposed RPUD is compatible with surrounding property in scale.
15. Whether is it impossible to tind other adequate sites in the County for the proposed
use in districts already permitting such use.
Pro: There are many sites which are zoned to accommodate the proposed development
but this is not the determining factor when evaluating the appropriateness of a rezoning
decision. The determinants of the zoning arc with consistency with all the elements of the
OMP,
Con: None
Findings: Each zoning petition is reviewed on its own merit for compliance with the
OMP and the LDC; and staff does not review other sites in conjunction with a specific
petition. Tl1e proposed RPUD is consistent with the FLUM because it is in the Urban
Residential Subdistrict.
16. The physical characteristics of the property and the degrce 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.
Pro: The land use pattern should accommodate carefully planned levels of development,
protect existing uses, safeguard the environment, reduce sprawl, promote efficient use of
land, encourage alternative modes of transportation and help to maintain a sense of
conmmnity,
Con: None
Findings: Tl1e site will not require extensive alteration to make it usable for residential
development. While site conditions may restrict the location and squm'e-footage of the
homes it would not render the property unusable,
17. The impact of development on the availability of adequate public facilities and
services consistent with the levels of service adopted in the Collier County G..owth
Management Plan and as defined and implemented th..ough the Collier County
Adequate Public Facilities Ordinance, as amended.
Pro: The proposed RPUD rezone meets all objective criteria set forth for residential
zoning and conforms to the pUl"pose and intent of the OM? and all its elements.
Development permitted by this rezone is subject to a concurrency review under the
EXHIBIT A 5 of 6
Aaenaa Item No 80
N'ovember 13. 2'007
provisions of the Adequate Public Facilities Ordinance as well as regulations in trr;\!'EISt?f 116
Staff has reviewed this request and found it to meet all elements of the GMP,
Con: The GMP encourages but does not require the synchronizing of development with
the availability of public facilities needed to support that development.
Findings: This petition has been reviewed by county staff that is responsible for
jurisdictional elements of the GMP and they have concluded that no LOS will be
adversely impacted because the proposed development is consistent with all Elements of
the GMP.
EXHIBIT A
60f6
Agenda Item No. 80
November 13, 2007
Page 24 of 116
PUD FINDINGS
PUDZ-A-2006-AR- 9577 Della Rosa RPUD
Section 10.02,13 of the Collier County Land Development Code requires the Planning Commission
to make a finding as to the PUD Mastel' Plans' compliance with the following criteria:
1. The suitability of the area for the type and pattern of development proposed in
relation to physical characteristics of the land, surrounding areas, traffic and access,
drainage, sewer, water, and other utilities.
Pro: The project is located within the Urban Residential Subdistrict of the Growth
Management Plan (GMP) and this district permits residential uses with a variety of
dwelling types. The Rural Agricultural to RPUD rezone will intensify the land but
relative to public facilities this project will be required to comply with all county
regulations regarding drainage, sewer, water and other utilitics.
Con: The existing residcnts in the area may perceive the residential intensification in thc
area as contributing factors to traffIc congestion, Also, the permitted land uses in the area
are at a lower density then what the applicant is requesting,
Findings: The GMP supports the intensification of land within the Urban Residential
Subdistrict and the Future Land Use Element (FLUE) provision that encourages
residential in fill in urban arcas of existing development outside of the Coastal High
l-Iazard Area. Also, development conditions contained in the RPUD give assurance that
all infrastructures will bc developed consistent with County regulations,
2. Adequacy of evidence of unified control and suitability nf any proposed agreements,
contract, or other instrnments, 01' for amendments in those proposed, particularly as
they may relate to arl"angements or provisions to be made for the continuing
opemtion and maintenance of such areas and facilities that are not to be provided or
maintained at public expense.
Pro: The application has indicated that the project has evidence of unified control and a
homeowners association will maintain common areas,
Con: None
Findings: Documents submitted with Della Rosa RPUD application provide evidence of
unified control. The RPUD document makes appropriate provisions for continuing
operation and maintenance of common areas,
3. Conformity of the proposed Planned Unit Development with the gnals, objectives
and policies of the Growth Management Plan (GMP).
Pro: The subject property is designated Urban-Mixed Use, Urban Residential on the
Future Land Use Map (FLlJM) and the rezone to RPUD is eonsistcnt with the GMP.
Con: None
PUDZ-2006-AR-9577 Della Rosa RPUD
EXHIBIT "B"
Page 1 of3
Agenda Item hlo. 80
November 13. 2007
Page 25 of 116
Findings: The subject pctition has been found consistent with the goals, objectives and
policies of the GMP, The staff report expounds in detail of how the project is deemed
consistent with the GMP,
4. The internal and external compatibility of proposed uses, which conditions may
include restrictions on location of improvements, restrictions on design, and
buffering and screening requirements.
Pro: The RPUD Master Plan has been designed to opttmlze internal land use
relationships through the use of various forms of open space separation, External
relationships are regulated by the Land Development Code (LOC) to assure harmonious
relationships between projects.
Con: Policy 9.3 of the Transportation Element requires, wherever feasible, the
interconnection of local strects betwecn developments to facilitate convenient movement
throughout the road nctwork. Staff has advised thc applicant that approval of this requcst
is contingent on mecting this GMP requirement. The applicant has requestcd that it be
discussed with the CCPC and BCe.
Findings: Staff analysis indicated that the pctition is compatible, both internally and
externally with the proposed uses and with thc surrounding uses except for the
intercOlmeetion to the adjaccnt pcnding Brandon RPUD,
s. The adequacy of usable open space areas in existence and as proposed to serve the
development.
Pro: The amount of open spacc set asidc is consistent with the provisions of the LDC
and the GMP,
Con: None
Findings: Thc Mastcr Plan depicts an adequatc amount of open space that provides for
the equitable distribution of open spacc,
6. The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private.
Pro: This petition has been reviewed by all the required County staff and they have
detennined that no Level of Service (LOS) standards will be adversely affected.
Con: None
Findings: The timing or sequcnce of the development for the proposed RPUD in light of
concurrency requirements automatically triggers review by County staff to assure the
project will not adversely impact the timing or scquencc of developmcnt that is cU1'l'ently
allowed in the area. Furthermore, the adopted concurrency requirements ensure that
further Level of Service (LOS) degradation is not allowed or the LOS deficiency is
corrected,
PUDZ-2006-AR-9577 Della Ro'a RPUD
EXHIBIT uB"
Page 2 of3
Agenda Item No. 8D
November 13, 2007
Page 26 of 116
7. The ability of the subject p..operty and of surrounding areas to accommodate
expansion.
Pro: Currently, the utility and roadway infrastructure has adequate capacity to serve the
proposed RPUD as well as the surrounding development at the time of build-out of this
project.
COil: None
Findings: SuppOliing infrastructure such as wastewater disposal systems, potable water
supplies and capacity of roads is at a level supportive of expansion,
8. Conformity with pun regulations, or as to desirable modifications of such
regulations in the particular case, based on detcrmination that such modifications
are justified as mcctiug public purposes to a degree at least equivalent to literal
application of such regulations.
Pro: Staff has reviewed this petition for adequate public services and levels of service
and fowld it is consistent with the Future Land Use Element (FLUE) land use designation
and meets the regulations of the GMP.
Con: None
Findings: The criteria requires an evaluation of the extent to which development
standards Bnd deviations proposed for Della Rosa RPUD will be required for the most
similar zoning district. The RPUD development standards are similar to those residential
standards,
PUDZ-2006-AR-9577 Della Rosa RPUD
EXHIBIT "B"
Page3of3
An'--'n'';;::; !'.:>m 1<0 ;:\C,
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I'-Ic)ve:nner 13, LOUt
Page 27 of 1~: 6
ORDINANCE NO 07-
AN ORDINANCE OF THE'BOARD OJ:' COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA. AMENDING .oRDINANCE NUMBER'
2004-41. AS AMENDED, :tIlE COLLIER COUNTY
LAND DEVELOPMENT CODE WHICH INCLUDES
THE COMpREllENSIVE ZONING REGULATIONS
fOR THE UNINCORPORATED AREA OF
COLLIER COUNTY. FLORIDA. BY AMENDING'
THE APPROPRIATE ZONING ATLAS MAP OR
MAPS BY CHANGING THE ZONING
CLASSIFICATION or TlIE HEREIN DESCRIBED
REAL PROPERTY FROM AN "A" AGRICULTURE
ZONING DISTRICT TO A RESIDENTIAL
PLANNED UNrr DEVELOPMENT (RPOO)
ZONING DISTRICT TO BE KNOWN AS THE
DELLA ROSA RPOO, THE PROPERTY IS
LOCATED EAST OF LIVINGSTON ,ROAD'
(CR BBI), APROXIMATELY TWO MILES NORTH
OF !MMOKAUiE ROAD (CR B46), IN SECTION 13,
TOWNSHIP 48 SOlfm. RANGE 25 EAST,
COLLffiR COUNTY. FLORIDA, CONSISTING OF
15.3R+J- ACRES; Arm BY PROVIDING AN
EFFECTIVE DATR
WHEREAS, Tim Hancock, Alep, of Davidson Engineering. loe') repre.senting
Page VI, LLC, petitioned the Board of Counly COJJUllissioners to chmlge the zoning
dassificntion of the herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that:
,sECTION ONE:
The wning classificalloll of the herein descIibcd real properly located in Section 13,
Township 48 South, Range 25 East, Collier County, FIOlida, is changed from an "A"
Agriculture Zoning District to a Residential Planned Unit Development (RPlJD) Zoning
District to be known as the Della Ros.a RPUD in accol'dnnce with the RPUD Document
attached hereto as Exhibit "A." whiGh is incorporated herein and by reference made part
hereof. The appropriate zoning iltlas map or maps, as described in Ordinance Number 20U4- _
41, as amended, the Collier County Land Development Code, is/are hereby. amended
accordingly.
SECTION TWO:
ThiFi Ordinance shall become efftx:live upon filing with the Department ~f State~{
, .<
Pagelof2
Agenda Item No. 8D
November 13, 2007
Page 28 01 116
PASSED AND DULY ADOPTED by supel'-rnajOlity vote of the Board of County
Commissioners of Collier County, Florida, this __ day of
.2007.
A ITEST:
DWIGHT E, BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:~._,
. Deputy Clerk
By:
JAMES COLETTA, CHAIRMAN
Approved as to fonn
nnd legal suffrciency:
jf:'~r MarjOlie M, Student-Stirling
r\'\ - Assistant County Attorney
Page 2 012
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Agenda IIem No. 80
November 13, 2007
Page 30 of 116
ORDINANCE NO, 07-_
AN.ORDlNANCE OF THB'BOARD OF COUNTY
COMlVIISSIONBRS OF COLLIER COUNTY,
FLORIDA, AMENDINO..,oRDINANCE NUMBER"
2004-41, AS AMBNDED,'),1-IE COLLIER COUNTY
LAND DEVELOPMENT q(.ibE WHICH INCLUDES.
THE COMPREI-IENSIVEZONING REGULATIONS
FOR THE UNINCORPORATJ:!D AREA OF
. COLLIER COUNTY, FLORIDA, BY AMENDING'
THE APPROPRIATE ZONING ATLAS MAP OR
MAPS BY CHANGING THB ZONING
CLASSIFICATION OP..THE HEREIN DESCRIIlED
REAL PROPERTY FROM AN "A" AGRICULTURE
ZONING DISTRICT TO A RESIDENTIAL
PLANNED UNIT DEVELOPMENT (RPUD)
ZONING DISTIUCr TO BE KNOWN AS 'nIE
DELLA ROSA RP1.lD, THE PROPERTY IS
LOCATED EAST . OF LIVINGStON ,ROAD'
(CR 881), APROXIMATBLY TWO MILES NORTH
OF IMMOKALBE ROAD (CR 846), IN SECTION 13,
TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLillR COUNTY, FLORIDA, CONSISTING OF
15.38+/- ACRES; AND BY PROVIDING AN
EFFECTIVE DATI!.
WHi!H.EAS1 Tim Hancock, AICP, of Davidson Engineel'lng, Inc., reprel<:otlting
Page VI, LLC, petitioned the Board of Counly Commissioners to change [1m zoning
clnssifi<:ution of the herein described renl property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
!?ECTION ONE:
The zoning classiUcnlion of the herein described mnl pl'Ol)cl'ly located In Secl[Oll 13,
Township 48 South, Range 25 TInst, Collier County, Ploridn. Is changed from an "An
~- ,.
Agricullul'e Zoning District to El Residential Plmmcd Unit Developmoi\t (RPUD) Zoning
Dislrict to be known .us the Della Rosn llPUD in accordallce with the RPUD Document
attnched hereto as Exhibit "A," which is: inco1'porated ben~llland by I'cfcrence made plII'!.
hereof. The appropriate zoning ntlas mnp 01' maps, as described ill Ol'diulIl1CC Number 2004~ .
41, as amended, the Collier County Llmd Development Code, is/urn hereby. amended
nccOl'dingly.
SECTION TWO:
This Ordi]~ul1ce shnll become e.ffective upon filing with the Dcnartmcltt ~f.~t~te{
';,' .
Poge I of2
AGenda Item No 80
riovember 13, 2'007
Page 31 of 116
PASSED AND DULY ADOPTED by super-m'jorlty vole of the lJosrd of County
Commissioners of Collier County, Plodda, tltis ~ day of
.2007.
A TTl!Sl':
DWeOBT E, BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
. Deputy Clerk
By:
JAMES COLETTA, CHAIRMAN
lJy:_~"
Approved as to fonn
l:md legnl sufficiency:
..n\"~ r MSljode M, Studenl-Slirling
.r\"\\ . Assistant Cnunly Attorney
poge 2 of 2
Agenda Item No. 80
November 13, 2007
Page 32 of 116
DELLA ROSA
A
RESIDENTIAL PLANNED UNIT DEVELOPMENT
PREPARED FOR:
Page VI, LLC
333 East Ohio Street, Suite 200
Indianapolis IN 46204
PREPARED BY:
Davidson Engineering, Inc.
2154 Trade Center Way; Suite 3
Naples FL 34109
and
Goodlette, Coleman and Johnson, PA
4001 Tamiami Trail North, Suite 300
Naples, FL 34103
Exhibit A
,-
DATE REVIEWD BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL___
TABLE OF CONTENTS
STATEMENT OF COMPLIANCE 3
SECTION I: PROPERTY OWNERSHIP & DESCRIPTION 4
SECTION II: PROJECT DEVELOPMENT REQUIREMENTS 5
SECTION III: RESIDENTIAL DEVELOPMENT REGULATIONS 6
TABLE I: DEVELOPMENT STANDARDS 8
SECTION IV: PRESERVE AREA 9
SECTION V: DEVELOPMENT COMMITMENTS 10
EXHIBIT "A": PUD MASTER PLAN 13
EXHIBIT "B": LEGAL DESCRIPTION OF 5 ACRE PRESERVES 14
Page 2 of 12
A:E:nC2 itern hJo. 20
r-,rc)\!erilber i 3. 2007
Page 33 of 116
PAGE
Aaenda Item No. 80
November 13, 2007
Page 34 of 116
STATEMENT OF COMPLIANCE
The development of approximately 15.38 acres of property in Collier County, as a
Residential Planned Unit Development (RPUD) to be known as the Della Rosa RPUD will
be in compliance with the planning goals and objectives of Collier County as set forth
in the Collier County Growth Management Plan (GMP), The community facilities of the
Della Rosa RPUD will be consistent with the growth policies, land development
regulations, and applicable comprehensive planning objectives for the follow'lng
reasons:
1. The project is located within the Urban Mixed Use District, Urban Residential
Subdistrict on the Future Land Use Map. The Urban designation allows for a
variety of residential and non-residential land uses.
2. The Urban Residential District allows for a base residential density of 4 units per
gross acre. Additionally, the residential infill provision contained within the Future
Land Use Element allows for a maximum of 3 additional residential dwelling units
per gross acre subject to additional requirements including the requirement to
acquire TDR credits for the first of the three bonus units per acre, The Della Rosa
RPUD meets those requirements and is requesting a density of up to 7 units per
acre consistent with FLUE Policy 5.1, for a maximum of 107 residential dwelling
units.
3, Regulations for development of the Della Rosa RPUD shall be in accordance
with the contents of this RPUD Ordinance and applicable sections of the GMP
and the Land Development Code (LDC), as amended, which are in effect at
the time of issuance of any applicable development order. Where this RPUD
Ordinance does not provide development standards, then the provisions of the
most similar district within the LDC, as amended, shall apply. Where there is a
conflict between this RPUD Ordinance and the LDC, as amended, the terms of
this RPUD Ordinance shall prevail.
Page 3 of 12
A.;Jen::a Iten-, No. 8D
t,.OVPiTiD81- : 3. 20G 7
?age 35 of 116
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the
property, and to describe the existing conditions of the property proposed to be
developed under the project name of Della Rosa RPUD.
1.2 LEGAL DESCRI PTION
The subject property being :t15,38 acres, is located in Section 13, Township 48
South, Range 25 East, and is fully described as:
The West '12 of the Southwest '/, of the Northwest ';" of the Northeast '/, of Section
13, Township 48 South, Range 25 East, Collier County Florida.
And
The Northeast V. of the Southwest ';" of the Northwest '/, of the Northeast % of
Section l3. Township 48 South Range 25 East, Collier County, Florida,
And
The '''orthwest ';" of the Southeast ';4 of the Northwest '/, of the Northeast ,(. of
Section 13 Township 48 South Range 25 East, Collier County, Florida.
And
The Southeast ,(. of the Southwest ';" of the Northwest '/, of the Northeast ';" of
Section 13, Township 48 South Range 25 East, Collier County, Florida.
And
The Southwest '/, of the Southeast % of the r"orthwest ,(. of the Northeast ';" of
Section 13, Township 48 South Range 25 East, Collier County. Florida.
1.3 PROPERTY OWNERSHIP
The subject property is owned by Page VI. LLC,
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The subject property is located immediately East of Livingston Road,
approximately 1.75 miles North of Immokalee Road,
B. The subject property is zoned Rurai Agricultural. It is proposed to be rezoned
to Residential PUD IRPUD) for residential development.
Page 4 of 12
Aaenda Item No. 80
November 13, 2007
Page 36 of 116
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1. GENERAL DESCRIPTION OF THE PROJECT AND PROPOSED LAND USES
A. The Della Rosa RPUD is a multi-family residential development, The project
will consist of residential units and associated amenities,
B, The RPUD Master Plan is illustrated graphically on Exhibit A. A Land Use
Summary indicating approximate land use acreage is shown on the Plan.
The final location, size, and configuration of the buildings shall be
determined at the time of site development plan (SDP) approval and
building permit application in accordance with the LDC, as amended.
2.2. USE Of RIGHT-Of-WAY
The developer may place landscaping, signage, lighting, water management
facilities, berms, decorative walls and fences, utilities or decorative entry
features within private rights-of-way within the Della Rosa RPUD, subject to
permitting agency approval.
2.3. MODEL, SALES, AND CONSTRUCTION OPERATION FACILITIES
A. Models and model sales centers shall be permitted principal uses throughout
the Della Rosa RPUD,
B. Temporary use permits for sales centers and model homes may be approved
subsequent to zoning approval. Temporary use permit applications, and
associated SDP application(s) for residential models, may be submitted
concurrently with applications for final subdivision plat (FSP) or SPDs,
whichever shall apply, to depict the location of the model units within the
project.
C. The sales center may be serviced by temporary well and septic systems.
These uses may use temporary septic tanks or holding tanks for waste
disposal subject to permit requirements and may use potable water or
irrigation wells.
2.4. ACCESSORY STRUCTURES
Accessory structures may be constructed simultaneously with, or following the
construction of the principal structure, A construction operation/management
office and sales office may be construeled after zoning approval but before
construelion of any other permitted struelures.
Page 5 of 12
Agenoa Item No. 8D
November 13, 2007
Page 37 of 116
SECTION III
TRACT R
MULTI.FAMILY RESIDENTIAL DEVELOPMENT REGULATIONS
3.1. MAXIMUM DWELLING UNITS
Approval of this RPUO authorizes 0 base density of 4 units per acre for 0 total of
62 units. Based on the residential infill provision of the GMP, upon proof of
purchase of 15 TOR's the subject property will qualify for 45 additional dwelling
units.
3.2. TOR REDEMPTION PROCEDURES
At the time of SOP application, documentation must be provided that the
developer has acquired 011 TDR credits needed for the portion of the
development that is the subject of the SOP. The applicant will co.ordinate with
the Comprehensive Planning Department and submit an application to redeem
the necessary number of TORs required for the project. Project review will remain
in reject status until such time that the required TDRs have been redeemed. At
the time of SOP application, the applicant must provide the necessary individual
TDR tracking numbers for each TDR credit required by the SOP as a separate
exhibit to the application titled TDR Credit Verification Sheet,
3.3. PERMITTED USES
No building or structure, or part thereof. shall be erected, altered or used, or land
used, in whole or in parI. for other than the following;
A. Permitted Uses:
Multi.family dwelling units including but not limited to condominiums, two-family
attached, apartments and coach homes,
B, Accessory Uses:
] . Customary accessory uses and structures, including clubhouses, private
garages, tennis facilities, and swimming pools with, or without screened
enclosures, and other outdoor recreation facilities,
2. Project sales and administrative offices, which may occur in a
residential building and/or in a temporary building until such time as
permanent structures are available,
3. Model dwellings during the period of project development and sales,
Page 6 of 12
Agenda Item No. 80
November 13, 2007
Page 38 of 116
4. Any other use which is comparable in nature with the foregoing list of
permitted accessory uses, as determined by the Board of Zoning
Appeals (BZA).
3.4. DEVELOPMENT STANDARDS
A. Table I sets forth the development standards for land uses within the "R"
Residential District.
B. General
1 . All yards and setbacks shall be in relation to the individual parcel
boundaries, except as otherwise provided.
Page 7 of 12
Acenca ;t~'!jI !~o gD
f'~overr;be:' 13. 2'007
~'3g8 39 of 116
DEVELOPMENT STANDARDS
"R" Residential Areas
Table I
Minimum Lot Area:
Minimum Lot Width:
Minimum Building Setbacks:
. Front Yard 20 feet'
. Side Yard V, BH3
. Rear Yard 20 feet
. Preserve Boundary 25 feet
Minimum Fioor Area; 1,000 s,f.
Maximum Zoned Building HeighI'; 50 feet
Maximum Actual Building Height: 69 feet'
Multifcmlly
10,000 square feet (s.f.)
70 feet
Accessory
NA
NA
SPS'
5 feet
10 feet
10feet
I~A
25 feet
'A minimum distance of 23 feet shall be maintained from the back of sirJewolk to any area including driveways
intencled 'or the parking of vehicles to reduce the potential of conflict. For buildings utilizing under building parking.
this requirement shall f10t apply. This shall not apply to 01l-stree1 parking,
25ame as Principal Structure
aBH = Zoned BulJding Helgt1t measured par Ihe lDC.
4Measured from the average elevation of tIle centerl1ne at the adjacent roodway and includes the area below
the minimum Iloor elevations that have been established by law or permit above the flood lOne 10 the higtlest
structure wilhout exclusions,
Note: Buildings and accessory structures shall not encroach into a required landscape buffer area.
Page 8 of 12
Agenda Item r~o, 80
November 13, 2007
Page 40 of 116
SECTION IV
PRESERVE AREA
4.1, PERMITTED USES
The PUD Master Plan provides for a minimum of 12.3 acres of preserve area
which meets the required 15% native vegetation preservation requirement.
Minor adjustments may be made to the boundaries of preserve areas based on
permitting considerations, provided the minimum preservation requirements are
met at time of SOP approval.
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following and subject to permitting:
A. Permitted Principal Uses and Structures
1. Passive recreational uses such as pervious nature trails or boardwalks
are allowed within the preserve areas, as long as any clearing required
to facilitate these uses does not impact the minimum required
vegetation.
2. Water management detention and structures, excluding a perimeter
berm.
a. Native vegetation retention area(s) used for water
management purposes shall meet the following criteria:
(1) There shall be no adverse impacts to the native
vegetation being retained. The additional water
directed to this area shall not increose the annual hydro-
period unless it is demonstrated that the design would
have no adverse impact to the existing vegetation.
3. Any other use which is comparable in nature with the foregoing list of
permitted principal uses, as determined by the BZA.
B. Prohibited Uses
1 . Fences and walls.
Poge 10 of 12
,L,::JenC;2 tem No. 3D
1-i:JVerti s't' 13, 2007
F'2 e 41 of 116
SECTION V
DEVELOPMENT COMMITMENTS
5.1. PURPOSE
The purpose of this Section is to set forth the development commitments for the
development of the project.
5.2 TRANSPORTATION
A. All traffic control devices, signs, pavement markings and design criteria
shall be in accordance with Florida Department of Transportation (FOOT)
Manual of Uniform Minimum Standards (MUMS), current edition, FOOT
Design Standards, current edition, and the Manual on Uniform Traffic
Control Devices (MUTCD), current edition. All other improvements shall be
consistent with and as required by the LDC, as amended.
B. Arterial level street lighting shall be provided at all access points, Lighting
shall be in place prior to the issuance of the first certificate of occupancy
(CO).
C. Access points, including both driveways and proposed streets, shown on
the RPUD Master Plan are considered to be conceptual. Nothing
depicted on any such Master Plan shall vest any right of access at any
specific point along any property frontage. All such access issues shall be
approved or denied during the review of required subsequent site plan or
final plat submissions. All such access shall be consistent with the Collier
County Access Management Policy [Res. No. 01-247), as it may be
amended from time to time, and with the Collier County Long-Range
Transportation Plan. 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 to be
processed.
D. Site-related improvements (as apposed to system-related improvements)
necessary for safe ingress and egress to this project, as determined by
Collier County, shall not be eligible for impact fee credits. All required
improvements shall be in place and available to the public prior to
commencement of on-site construction.
E, All proposed median opening locations shall be in accordance with the
Collier County Access Management Policy (Res. No. 01-247), as it may be
amended. Collier County reserves the right to modify or close any median
opening existing at the time of approval of this RPUD which is found to be
adverse to the health, safety and welfare of the public, Any such
Page 10 of 12
Agenda Item No. 80
November 13, 2007
Page 42 of 116
modifications shall be based on, but are not limited to, safety, operational
circulation, and roadway capacity.
F. Nothing in any development order shall vest a right of access in excess of
a right in/right out condition at any access point. Neither shall the
existence of a point of ingress, a point of egress or a median opening, nor
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.
G. All internal roads, driveways, alleys, pathways, sidewalks and
interconnections fo adjacent developments shall be operated and
maintained by an entity created by the developer and Collier Country
shall have no responsibility for maintenance of any such facilities.
H. If any required turn lane improvement requires the use of any existing
County rights-of-way or easements, compensating right-of-way or
easements, shall be provided without cost to Collier County as a
consequence of such improvement.
I. If, in the sole opinion of Collier County Transportation Division, a traffic
signal, or other traffic control device, sign or pavement marking
improvement within a public right-of-way or easement is determined to
be necessary, the cost of such improvement shail be borne by the
developer and shall be paid to Collier County before the issuance of the
first CO.
J. An interconnection shall be shown on the Master Concept Pian for the
adjacent property to the North. At the time of the first development order
of the parcel[s) immediately to the North, the owner shall be responsible
for the construction of an interconnection subject to obtaining
appropriate cross access easements and shared maintenance
responsibilities for the project entrance.
5.3 AFFORDABLE HOUSING
Coliier County and the Developer of the Della Rosa RPUD have cooperated to
address affordable housing impacts associated with the Della Rosa RPUD. The
following financial contribution shall be paid by the developer, or its successors
and assigns, to the Coliier County Affordable Housing Trust Fund.
A. One thousand dollars ($1,000) per residential dwelling unit constructed
within the project shall be paid to Collier County within 7 days of the
closing on each residential dwelling unit.
The payment of the sums set forth in this Section shall reflect a credit to the
project's obligations to pay any fees that may be adopted in the future by the
County relating to the provision of affordabie or workforce housing~
Page 11 ofl2
AGenda Item No. 80
r{ovember 13, 2007
Page 43 of 116
5.4 ENVIRONMENTAL
The Developer shall purchase two parcels of land consisting of 2.5:t acres each,
for a total of 5 acres, commonly referred to as the Mathieu parcels, and more
particularly described in Exhibit B attached hereto and incorporated by
reference herein. Said parcels shall only be utilized for the purpose of a preserve
in perpetuity.
. Page 12 of 12
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t~~ovember 13, 2007
Page 44 of 116
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Ao-cmda item i~c. 80
iJ'cwember 13, 2007
Page 45 of 116
EXHIBIT "B"
LEGAL DESCRIPTION
PARCEL #1 (FOliO # 00150600004)
THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4
OF THE NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE
25 EAST, COLliER COUNTY, FLORIDA.
AND
PARCEL #2 (FOLIO # 00148200005)
THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4
OF THE NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLORIDA
Agenda Item No, 80
November 13, 2007
Page 46 of 116
Item V.A.
ENVIRONMENTAL ADVISORY COUNCIL
STAFF REPORT
MEETING OF Januarv 11. 2007
1. NAME OF PETITIONER/PROJECT:
Petition No.:
Petition Name:
Applicant/Developer:
Engineering Consultant:
Environmental Consultant:
PUDZ-2006-AR-9577
DELLA ROSA
PAGE VI LLC
DAVIDSON ENGINEERING
BOYLAN ENVIRONMENTAL
CONSULTANTS, INC.
II. LOCATION:
The subject property, consisting of 15.38 acres, is located on the east side of
Livingston Road, approximately 2 miles north of Immokalee Road, in Section 13,
Township 48 South, Range 25 East, Collier County, Florida.
III. DESCRIPTION OF SURROUNDING PROPERTIES:
ZONING DESCRIPTION
N- (A) Agricultural Vacant
S - (A) Agricultural Vacant
E- (A) Agricultural Vacant
W- (A) Agriculture Livingston Road and undeveloped
agricultural land.
IV. PROJECT DESCRIPTION:
The petitioner is Page VI, LLC, represented by Tim Hancock, of Davidson
Engineering, Inc., and they are requesting a PUD Rezone for a residential development to
be known as the Della Rosa RPUD. The rezoning request is to rezone from 15.38 acres
from A (Agriculture) zoning district to the RPUD (Residential Planned Unit
Development) zoning district. The RPUD is proposing a density of 7 units an acre, for a
total maximum of 107 residential dwelling units. The subject propeliy, consisting of
15.38 acres, is located on the east side of Livingston Road, approximately 2 miles
EAC Meeting
Agencia Ilent ~~o. 80
NOIJelllb9r 13, 2007
~'age 47 8f 1 'i6
Page 2 of9
north of Immokalee Rd, in Section 13, Township 48 South, Range 25 East, Collier
County, Florida,
V. GROWTH MANAGEMENT PLAN CONSISTENCY:
Future Land Use Element:
The subject property is designated Urban (Urban - Mixed Use District, Urban
Residential Subdistrict), as identified on the Future Land Use Map (FLUM) of the
County's Growth Management Plan (GMP). Relevant to this petition, this Subdistrict
permits residential development (variety of unit types) at a base density of (4) four
residential units per gross acre and recreation and open space uses. This project is relying
on the Residential In-fill provision of the Future Land Use Element for an additional (3)
three units per acre to achieve a density of 7 units per acre.
Base Density
Infill Bonus
Lands)
Total Eligible Density
4 dula
3 dula (one (I) dula shall be transferred from Sending
7 dula
The Residential In-fill provision states:
"To encourage residential in-fill in urban areas of existing development outside ofthe
Coastal High Hazard Area, a maximum of 3 residential dwelling units per gross acre may
be added if the following critcria are met"
a. The project is 20 acrcs or less in size; (The project is 15.38 acres)
b. At time of development, the project will be served by ccntral public water and
sewer; (Provided for in Section 5.4, C ofthe PUD,)
c. The project is compatible with surrounding land uses; (The site is located in the
Urban Residential Subdistrict which is identificd as an appropriate location for
residential land uses
d. The propel1y in question has no common site development plan with adjacent
property; (The property has no common site development plan with adjacent
property).
e. There is no common ownership with any adjacent parcels; (The properties to the
north, the cast and south are currently undeveloped and Livingston Road lies to
the west of the site. According to the Propc11y Appraiser's records there is no
common ownership with any of the adjacent properties,)
f. The parcel in question was created prior to the adoption of this provision in the
Growth Management Plan on January 10, 1989; (A copy of the Collier County
Property Appraiser's card was provided showing the property was in existence
prior to 1989,)
EAC Meeting
Aaenda Item No. 80
rJovember 13, 2007
Page 48 of 116
Page 3 of9
g. Of the maximum 3 additional units, one (1) dwelling unit per acre shall be
transferred from Sending Lands. I) The applicant's Evaluation Criteria Narrative
provides that the applicant has obtained the rights to purchase TORs to facilitate
the additional requested density. 2) Section III ofthe PUD provides, approval of
this PUD authorizes a base density of 4 units per acre for a total of 62 units, For
each TOR that is purchased and transferred to this project, an additional two units
may be added for a total of 3 units,) 3) The result is that the approved density
"floats" between 62 and 107 units, to be determined later in the development
approval process. Similarly, the number of TOR Credits required would be
deferred to an unspecified time/process, potentially being deferred to the building
permit review stage. This is not acceptable. The administrative process for TOR
Credit Redemption is not linked to building permit reviews. The petitioner
provided for the specified number of TOR credits in the PUD document (15.).
However there was no provision made for the redemption of those TOR Credits at
the time of subdivision plan approval (for single family lots) and at site
development plan approval (for multi-family development).
h. Projects qualifying under this provision may increase the density administratively
by a maximum of one dwelling unit per acre by transferring that additional
density from Sending Lands. (The project proposes to obtain TOR credits.)
The applicant is encouraged to implement appropriate Policies under Objective 7 of the
FLUE that support smart growth, including walk ability and interconnections with
adjoining communities, (The applicant proposes no interconnections to any of the
adjacent properties. Pursuant to the applicant's response "The adjacent properties to the
North and East are un-zoned and un-developed at this time. Additionally, the amount of
uplands on this parcel are limited to the North and West portions of the site and as such
would require an extcnsive and lengthy connection to properties to the East and South.
Lastly, the property immediately south of the subject property is planned for a Fire
Station which does not qualify as an adjoining community."
** Review of the PUD Document and Master Plan:
I. Add TOR Credit Redemption details, as described above (g) to Section III ofthe
PUD.
2. Add the following underlined language to the Statement of Compliance #6: The
Urban Residential District allows for a base density of 4 units per gross acre.
Additionally, the residential infill provision contained within the Future Land Use
Element allows for a maximum of 3 additional residential dwelling units per gross acre
subject to additional requirements, including the requirement to acquire TOR credits for
the first of the three bonus units per acre.
EAC Meeting
Aoenda 11em No. 80
IJovember 13, 2007
Page 49 of 116
Page 4 of9
CONCLUSION
Based upon the above analysis, staff cannot determine the proposed rezone is consistent
with the FLUE as more information is needed, as noted above; also, the PUD document
needs to be revised, as noted above.
Conservation & Coastal Manal!ement Element:
Objective 2.2 of the Conservation and Coastal Management Element of the Growth
Management Plan states "All canals, rivers, and flow ways discharging into estuaries
shall meet all applicable federal, state, or local water quality standards,
To accomplish that, policy 2.2.2 states "In order to limit the specific and cumulative
impacts of stormwater runoff, stormwater systems should be designed in such a way that
discharged water does not degrade receiving waters and an attempt is made to enhance
the timing, quantity, and quality of fresh water ( discharge) to the estuarine system.
This project is consistent with the objectives of policy 2,2.2 in that it attempts to mimic
or enhance the quality and quantity of water leaving the site by utilizing interconnected
dry detention area(s), lake(s) and a wetland(s) to provide water quality retention and peak
flow attenuation during storm events.
The Project as proposed is consistent witb the Policies in Objective 6.1 and 6.2 of the
Conservation and Coastal Management Element, for the following reasons:
. Policy 6,1.1 requires a residential development in the non-coastal area equal
to or greater than 5 acres and less than 20 acres shall preserve 15% of the
onsite native vegetation. The project proposes to preserve the required 15
percent, a total of 2.31 acres.
. As required by Policy 6.1.1, the preserve areas will be placed under
conservation easements granted to Collier County without responsibility for
maintenance.
. Uses in the preserves have been defined in the PUD document to be consistent
with the passive uses allowed in Policy 6.1.1 without impacting the minimum
required native vegetation preservation.
. Consistent with Policy 6.1, I, a preserve maintenance plan will be required as
part of the SDP/Construction Plan. Preserve areas shall be required to be
maintained free of Category I invasive exotic plants, as defined by the Florida
Exotic Pest Plant Council.
. As required by Policy 6.1.4, prohibited exotic vegetation will be removed
from the entire development during construction and will be maintained
exotic-free in perpetuity.
. Littoral shelf planting areas (LPSA) within wet detention ponds required by
Policy 6.1,7 will be required at the time of SDP/Conslruction plan approval.
EAC Meeting
Agenda Itern r~o. 80
I'Jov'2mber ~13, 2007
Page 50 of 116
Page 5 of9
. The requirement for an EIS pursuant to Policy 6.1.8 has been satisfied.
. In accordance with Policy 6.2.6, required preservation areas are identified on
the site plan. Allowable uses within the preserve areas are included in the
preserve agreement that is part of the construction plans. Uses within
preserve areas shall not include any activity detrimental to drainage, flood
control, water conservation, erosion control, or fish and wildlife conservation
and preservation.
In accordance with Policy 7.1.2, a listed species survey was conducted on the property
and no listed species were identified
In compliance with Policy 7,1.4, this PUD requires that development comply with
applicable federal and state agencies regarding species protection,
VI. MAJOR ISSUES:
Storm water Manal!ement:
Section 8.06.03 0.2. of the Collier County Land Development Code states, "The
surface water management aspects of any petition that is or will be reviewed and
permitted by South Florida Water Management District (SFWMD) are exempt
from review by the EAC."
The Della Rosa project sits near the east side of the "Imperial Drainage Outlet
(EDO) Basin." Mediterra and Tuscany are just north of Della Rosa at the north
end of the EDO basin. The flow in the basin goes toward the west into a
creek/canal that flows west along the south side of Imperial Golf Estates and the
north side of Collier's Reserve (Tract 22), The western end of the creek is called
Horse Creek on some early maps. The creek empties into the Cocohatchee River
which flows into Wiggins Bay and out Wiggins Pass into the Gulf of Mexico.
As per Collier County Ordinance 2001-27, the maximum allowable discharge for
the site will be limited to O. I 5 cfs per acre.
According to the EIS, the Water Management system will be a combination of
dry pretreatment and lake detention areas sized to SFWMD criteria as per code
requirements. Also according to the EIS, it appears as though the wet and dry
season water table elevations have not yet been finalized with SFWMD, which is
nonnal for this stage ofthe review process. The Conceptual Water Management
Report assumes a control elevation (WSWT) of 12.0 NGVD. Please remember
that the attached LiDAR topography is done to NAVD and that 12.0 NGVD is
10.7 NA VD, so the assumed control elevation (WSWT) looks reasonable.
EAC Meeting
j:.,asnda !tern r'~o. 80
f'.Tovernher 13. 200?
Page 51 of 116
Page 60f9
From the topography, it appears that the flow from this particular area historically
continued south to southeast in a sheet flow across other properties. The design
for this project will send the flow west through a control structure. Without the
control structure to limit the amount of flow, the flow would go into the lake and
overflow the lake bank uncontrolled toward the south, Since the wetland appears
to have historically received flow from the northwest, this may have some impact
on the wetland. It is unavoidable.
Environmental:
Site Description:
The property totals 15.39 acres and includes 3.20 acres of uplands and 12.19 acres
of various quality wetlands. The proposed project will impact approximately 9.88
acres of wetlands and preserve approximately 2,31 acres of wetlands. The
property is about 79% wetland,
The Protected Species Survey indicated no known FWC / FWS listed species
inhabiting the site. The listed species which have the highest likelihood of
occuning on the propeliy are the listed air plants and the Big Cypress fox
squirrel.
Runoff from the project will be treated in stonnwater lakes prior to discharging
into the wetland. The rate of post-development will not exceed the pre-
development rate. All water management designs will be reviewed by SFWMD
for compliance with their water quality standards.
Wetlands:
There are 12.19 acres of jurisdictional wetlands on the property, Wetland lines
will be verified by the SFWMD during the ERP review process. Please note that
a letter was sent by SFWMD on December 6, 2006 requesting the applicant to
reduce wetland impacts that are currently proposed. Please refer to the attached
letter Ii'om the SFWMD to the applicant. In regards to preservation, the
requirement to reduce wetland impacts will only increase conservation areas and
it is not anticipated this will affect the County preserve requirements, Following
are a description of the wetland communities identified on the property.
6259E2 Hydric Pine Flatwoods, Disturbed (25-49'Yo Exotics)
This wetland community occupies approximately 2.96 acres and is co-dominated
by slash pine and melaleuca. Melaleuca coverage averaged about 50 percent.
Brazilian pepper is common. Myrsine, cabbage palm, blue maidencane, and
swamp fern are also present in the wetland.
EAC Meeting
Aaenda Item No. 8D
r;Jovember 13, 2007
Page 52 of 116
Page 7 of9
6219El Cypress, Disturbed (1-24% Exotics)
This wetland community occupies approximately 9.23 acres and is dominated by
tall-statured cypress trees with widely scattered red maple and dahoon holly, and
melaleuca occurring around the edge. Myrsine and swamp fern are also common
in the understory. Brazilian pepper is common with coverage in most areas up to
60 percent. The center of the cypress area was open and contained willow, fire
flag, and mikania.
Note: these wetland areas have not been verified by SFWMD staff. The
SFWMD does not perform jurisdictional detenninations unless the request to do
so is accompanied by a permit application.
Preservation Requirements:
The property contains approximately 15.39 acres of native vegetation; 15 % is
required to be preserved in order to meet Collier County preserve requirements.
This equates to 2.31 acres needed for preserve. The project proposes to preserve
2.31 acres which meets Collier County requirement.
Listed Species:
No listed species were identified on the property but it is suspected that some of
the listed air plants would be present on the property. An additional wading bird
survey was conducted on-site. No wading birds were identified on-site.
VII. RECOMMENDATIONS:
Environmental and Engineering Staffrecommends approval ofPUDZ-2006-AR-
9577 "Della Rosa RPUD" with the following stipulations, However,
Comprehensive Planning staff cannot recommend approval at this time until the
issues pertaining to the petitioner purchasing the necessary TOR's is resolved.
Storm water Manal.!ement Stipulation:
1. The project is presently being reviewed for an Environmental Resource
Permit by the South Florida Water Management District, which exempts
this project from stonnwater review by the EAC, so Engineering staff has
no recommendations.
Environmental Stipulatiou:
1. The project must obtain an environmental Resource Pem1it from the South
Fiorida Water Management District prior to issuance of any site plan
approvals.
EAC Meeting
fl.ge"ja I1.SiT l\io. :~.D
t\JO\;-::~;Tlber 13 2007
PagE: 53 of 1 ~i6
Page 80f9
PREPARED BY:
STAN CHRZANOWSKI, P.E. DATE
ENGINEERING REVIEW MANAGER
ENGINEERING SERVICES DEPARTMENT
SUMMER ARAQUE DATE
ENVIRONMENTAL SPECIALIST
ENVIRONMENTAL SERVICES DEPARTMENT
MELISSA ZONE, A.!.C.P. DATE
PRINCIPAL PLANNER
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
EAC Meeting
Aaenda item No. 8D
r'Jovember 13, 2007
F'a,J9 54 of 116
Page 9 of9
REVIEWED BY:
BARBARA S. BURGESON
PRINCIPAL ENVIRONMENTAL SPECIALIST
ENVIRONMENTAL SERVICES DEPARTMENT
DATE
WILLIAM D. LORENZ, Jr., P.E.
ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR
DATE
DATE
ASSISTANT COUNTY ATTORNEY
OFFICE OF THE COLLIER COUNTY ATTORNEY
APPROVED BY:
JOSEPH K. SCHMITT DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
ADMINISTRATOR
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i~()Ve:Tiber 13, 2C,iD7
Dr"'"'"
DAVIDSON
ENGINEERING
CIVIL ENGINEERING. PLANNING' LAND DEVElOPMENT SERVICES
Della Rosa
Trip Generation Report
PUDZ-2006-AR-9577 REV: 3
Project: 2006010044
Date: 3/27/07 DUE: 4/24/07
Prepar'ed For
Page VI, LLC
333 East Ohio Street, Suite 200
Indianapolis, IN 46204
P,'epa red by
Davidson Engineering, Inc.
2154 Trade Center Way
Naples, Florida 34109
March 2007
STATEMENT OF CERTIFICATION
I certify that this Traffic Analysis has been prepared by me or under my immediate
supervision and that I have experience and training in the field of Traffic and
Transportation Engineering.
1~~1r~4-
feffL. Davids~n P.E. No #47(61
Russell A. Johnson P.E. No #39522
James J. Krall, P.E. No #57155
Keisha M. Westbrook, P.E. No #65023
2154 Trad. (enlerWay, Suite #3. Naples, Florida 34109, Phone: 239,597,3916, Fax: 239,597,5195
www.davidsonengineering.com
Exhibit 1
.i\aenda Item t",jo. au
r~'-'ovember 13. 2007
Dpa.pr'~ t,16
DAVIDSON
ENGINEEI~ING
&
~..id,i~~r"}
.G.~!''iilub.; 1\;
;2007 MopQ"..t, In.:.!
~. ,
, , ~ (
.1
;,.:........
'-"'i"'_"'-.,'
<1;>2007 Nl'\YtE~
General
The Proposed ResidentialjCondominium Units will be built on a combination of five parcels,
totaling 15 acres. The parcels arc currently zoncd for non-agricultural use. The project is located
on the east side of Livingston Rd between Veterans Memorial Drive and School Access Roads.
More generally described as the SW quarter of the NW quarter of the NE quart.er and the W half
of the SE quarter of the NW quarter of the NE quarter of Section 13, Township 48 S, Range 25
E, Collier County.
Existing Conditions
Currently, the property is vacant with no improvements on site. The parcels are currently
zoned as non-agricultural.
Proposed Improvements
The applicant is proposing to construct a combination of five buildings, varying in size, with
parking facilities beneath multiple family buildings. There will be a total of 107 residentialj
condominium units. The improvements will require the design of parking, potable water, storm
water management, and sanitary sewer connections.
2
,A.cenj3 item hlo. 3D
f~'Qvem:]er 'i 3. 2007
rJfSf116
DAVIDSON
ENGINEERII--lG
Trip Generation
Trip generation rates are per the Institute of Transportation Engineers publication, Trip
Gene1'Qtion Seventh Edition. The Land Use Category and associated units used for the project
are:
A) Number of Dwelling Units
The total number of dwelling units on the site will be 107.
B) Description of development and ITE category for trip generation.
The proposed development is a Residential Condominium/Townhouse. The ITE
category used for these trip generations is based on the Residential Condominium/
Townhouse (LUC 230).
Table 1. Residential Condominium/Townhouse (LUC 230)
X = 107
Calculated Traffic Equation Entering Exiting
Daily Trafflc = 680 T = 0.85Ln(X) + 2.55 340(50%) 340(50%)
AM Peak Hour Trafflc=55 T = 0.82Ln(X)+0.17 10(18%) 45(82%)
PM Peak Hour Tra:[fic=75 T = 0.34(X)+38.31 48(64%) 27(36%)
.-
LEE COUff'(
Distribution
.--
Bonita Beach Rd
120% I
~! I Site I
~_ __/.. _ _ LE~'
-- --V ~
.--
I 20% I
J=. '
)
~'...---'
\
3
AM PEAK EXITING
.l\aenda item No. 80
November 13. 2007
D~f116
DAVIDSON
ENGINEERING
lEE COLNlY
\
1-
~
o
Bonita Beach Rd
I ~O% I
rm:
)
LEE COUNT'
-- _._._~
160%11
L:J
~
W r-'d.;I:~1<
o;'J;~
0::
Z
o
to
(')
.z 30%
;:; 13
':J
LEE COl.WY
AM PEAK ENTERING
--+
Bonita Beach Rd
I ~O% I
--
20%
2
Site
LEE COUNT'
~.
4
PM PEAK ENTERING
r'n"
,-,?'dn':::'i8 iism f\!o 80
Nov~)mhc> ~ 3 .
~ "..r i . 2007
DaO~~Q f 116
DAVIDSO
E:NGINEE N
.R I NG
~
o
---
Bonita Beach Rd
r;o%l
LJ
_.
L!;E eQUITY
_I
---
LEE C()ltITy
Site
. . ~ ,~EE COUNT'
~>I
----
All
5
Distribution and Traffic Study Area
Table 2. Impacted Segments
Agenda 11em No. 80
r-Jovember 13. 2007
DaOQ7n f116
DAVIDSON
ENGINEfRING
10# Segment Service BT TB PT RC LOS
Volume
51 Livingston Road IV 3260 1020 156 48 2026 B
Imperial to Immokalee
. BT= Background Traffic (Existing)
. TP= Trip Bank
. RC= Remaining Capacity
. PT= Project Trips
. LOS= Level of Service
Turn Lane Analysis
The build-out northbound right turn movcment is projected to be 48vph in the PM Peak Hour,
which warrants a right turn Jane per the requirements. Based on FDOT regulations, the
information provided on the SDP and a speed limit of 45 mph, a right turn lane the length of 185
feet is required.
Conclusion
Based on the LOS for the impacted segment, the proposed development's additional traffic will
have a maximum impact of:
10 # 51:
1.47%.
No further analysis is required, because this is less than 3%.
6
r
A,genc:a aem No. SO
i'JOv;;:~rnbBr ~: 3, 2007
Page 71 of 116
DELLA ROSA
Environmental Impact Statement
Prepared by:
Boylan?;'-
Environni~~:!;;--
Consultants'rt1C.
Wetland & WJ/dlife Slln'f:y~ronl/leJJ'{/1 Permitting,
Impact Afs~ss/J/enJs
11000 Metro Parkway, Suite 4, Fort Myers, Florida,
33966 Phone: (239) 418-0671 Pax: (239) 418-0672
March 16,2006; Revised Augusl 23,2006
PlJDZ-2006-AR_9577
PROJECT 112(/06010044
DA TE; 9/29106
MELISSA ZONE
REV. 2
Aosn(ja Ilo9m No. SD
~~overnber i 3. 2007
Page 72 of 116
10,02.02 Submittal Requirements/or All Applications
A. Environmental impact statements
/, Purpose.
a. The purpose afthis section is to provide a method to objectively evaluate the impact
of a proposed development, site alteration, or project upon the resources and
environmental quality aftlre project area and the community and to insure that planning
and zoning decisions are made with a complete understanding althe impact o/such
decisions upon the environment, to encourage projects and developments that will:
i. Protect, conserve and enhance, but not degrade, the environmental quality
and resources of the particular project or development site, the general area and the
greater community.
ii. Minimi::e theluture reduction in property values likely to result. or be
caused by improperly designed and executed projects and developments.
iii. Reduce the necessity jot' expenditure of publicfundr in the future for
rehabilitating the environmental quality of areas of environmental sensitivity,
b, FUJ'theJ~ it ;s the pwpose of this section to attain the widest range a/beneficial uses
of the environment without degradation oj environmental advantages and 1'1~ik to pubUc
health, safety, welfare and other undesirahle consequences.
c It is also the pwpose of/his sect;on to optimize a balance between population and
resouJ'ce use to permh high standards c:fliving and a wide sharing a/resources and
amenities among all citizens and residents of and visitors to Collier County during the
present andfuture generations.
2. Applicability; environmental impact sta/emen! (EfS) required Without fiJ'st obtaining
approval of an EIS, or exemption pursuant to section 10.02.02 A.7.) as required by this Code it
shall be unlawful and no building permit, conditional use, zoning change, subdivision or
condominium plat OJ' unplatted subdivision approval or other county permit OJ' clpprova! of or for
development or site al/cration shall be issued to cause the development of or site alteration of
a. Any site with a Sf' OJ' ACSC-S'l' overlay.
b. All sites seaward of the coastal management boundmy that are 2.5 or more acres,
C. All sites landward c:fthe coastal management boundGlJ' that are ten OJ' more acres,
d. Sites where a prior F.[,<;;j was prepared and approved/oJ' the same area of land and
where the/ollowing exist.
i. Greater impacts to preserve areas OJ' changes in location to preserve areas
are proposed/
Ii Greater impact::.' tojurisdictionaf H'etlunds or listed ,<,pecies habitats are
proposed,'
iii. New fisted species have been identified on site; or
iv. A previous ElS is more than 5 years old
e. Any other development OJ' site alteration which in the opinion qfthe COU!1Iy
A1anager or his designee, would hcrve suhstamial impact upon environmental quality and
l1Jhich is not specifically exempted in this Code. In de/ermining whether such a project
}I-'ould have substantial em-'iromnenlal impact the C01/nty flrfanager or his designee shall
base his decision on the terms and conditions de.'J"Cribed in this Code and 0/1 the prqject!s
consistency with the growth management plan.
.f When required by section ],04.01 a/this Code, plant and animal species sll!'Veys
shall be conducted r'egardless of whet he I' an EfS or resubmitted EIS is required by this
section.
t\g~:mja item r~c:. 3D
~~o'j8rl1ber 13. 2.007
r'age 73 of 116
3, Submission and review ~fElS. A completed EIS, in written and digitolfarmat, shall be
submitted to County A1anager or his designee for approval, denial 01' approval with modifications.
No development 01' site alteration will be started without this appmval and permits required by
Imv, F ailllre to provide filII and complete information shall be gro"nds for denial of the
application. The authar(r) of the EIS shall provide evidence, hy academic credentials or
experience, of his/her expertise in the area of enviromnental .~ciences or natural resource
manaKement. Academic credentials shall be a hachelor~~ or higher degree in one afthe biological
sciences. F.xperience shalll'eflect at least three years, two years a/which shall be in the State of
Florida, af ecological or biological professional experience ifsubstitutingfor academic
credentials.
4. Information required for application.
a. Applicant information.
i. Responsible person who wrote the EIS and his/her
education and job related environmental experience.
Christina Stejskal, B.A., Environmental Sciences, 3 years job
related experience; ChristinaS(iiJ,BovlanEnv,com, (239) 418-0671.
ii. Owncr(s)/agcnt(s) name, address, phone number & e-mail
addrcss.
Tim Hancock
Davidson Engineering, Inc.
2154 Trade Center Way, Ste #3
Naples, FL 34109
Phone 239-597-3916
Fax 239-597-5195
Tim@davidsonengineering.com
b. Mapping and support graphics.
i. Gcneralloclltion map.
See attached Location map.
ii. Native habitats and their boundaries identified on an
ael'ial pbotograph of the site extending at least 200 feet outside
thc parcel boundary. This docs not mean the applicant is
rcquired to go on to adjoining propcrtics. Habitat
identification consistent with the Florida Dcpartment of
Transportation Florida Land Use Cover and Forms
Classification System (FLUCFCS) shall be depicted on an
aerial photograph having a scale of one inch equal to at least
200 feet when available from the Connty. Other scale aerials
may bc uscd where appropriate for the size of the project,
providcd the photograph and overla)'s arc legible at the scale
f\;Jenda Item No. 80
t\Jov8lT1ber : 3, 2007
Page 74 of 116
provided. A legend for each of the FLUCFCS categories found
on-site shall be included on the aerial.
See attachcd FLUCFCS map.
Ill. Topographic map, and existing drainage patterns if
applicable. Where possible, elevations within each of
FLUCFCS categories shall be llrovided.
The topographic map will be includcd with a subsequent submittal.
iv. Soils map at scale consistent with that is used for the
Flol'ida Department of Transportation Florida Land Use
Cover and Forms Classification System determinations.
See attached Soils map.
v. Proposed drainage plan indicating basic flow patterns,
outfall and off-site drainage.
See plans provided by Davidson Enginecring, Inc.
vi. Developmcnt plan including phasing program, service
a1'ca of cxisting and proposed pnblic facilities, and existing and
proposed transportation network in the impact area.
The property is immcdiately adjacent to Livingston Road, a
roadway operating at Level ofScrvice A currently. The project
will dcvelop in a singie phase over a period of two to three years.
The site is located within the Collier County water and sewer
service area.
vii. Site plan showing prcservcs on-site, and how thcy align
with presel'Vcs on adjoining and ncighboring properties.
Include on the planloeations of proposed and existing
developmcnt, roads, and areas for stormwater retention, as
shown on approved master plans for these sites, as well as
public owned conservation lands, conservation acquisition
areas, major flowways and potcntial wildlife corridors.
Scc attachcd preserve map and plans provided by Davidson
Engineering, Please see the attached Conditional Use Plan for the
North Naples Fire Station #48 adjacent to the south of the property.
The preserve has been realigned to be contiguous with the
Conditional Use Plan.
,!'",],:;;:-lC:c, It9m r'~o. 80
t~O\"~rr:~)er ~ 3, 20G7
~'2ge 7::; of .; 'i 6
VIII. For properties in the RLSA or RFMU districts, a site
plan showing the location of the site, and land use designations
and overlays as identified in the Growth Management Plan.
Not applicable, the project is not within the RLSA or RFMU
districts.
c. Project description and GMP consistency determination.
i. Provide an overall description of the project with respect
to environmental and water management issues.
The property totals 15.39 acres and ineludes 3.20 acres of uplands
and 12.19 acres of various quality wetlands. Thc proposed project
will impact approximately 9.88 acres of wetlands and preserve
approximately 2.31 acrcs of wetlands. The property is about 79%
wetland, in orde1' for any project to be economically feasible;
wetland impacts can not bc avoided.
The Protected Species Survey indicated no known FWC / FWS
listed species inhabiting the site. The listed species which have the
highest likelihood of occurring on (he property arc the listed air
plants and the Big Cypress fox squirrel. Since the project
preserves 2.31 acres of the babitat in which these species could
reside, there will be some protection for these species.
Runoff from the project will be treated in storm water lakes prior to
discharging into the wetland. The rate ofpost.devclopment will
not exceed the pre-development rate. All water managcment
designs will be reviewed by SFWMD for compliance with their
water quality standards.
ii. Explain how the project is consistent with each of the
Objectives and Policies in the Conservation and Coastal
Management Element of the Growth Management Plan, where
applicable.
Goal 6 and Goal 7 of the Conservation and Coastal Management
Element of the Growth Management Plan are most applicable.
Those objcctives and policie~ are detailed below:
GOAL 6: THE COUNTY SHALL IDENTIFY, PROTECT,
CONSERVE AND APPROPRIATELY OSE ITS NATIVE
VEGETATIVE COMMUNITIES AND WILDLIFE HABITAT.
OBJECTIVE 6.1:
The County shall protect native vegetative communities through
AJenda item t\!o. 80
t~ovemb'3r 13. 2007
Page 76 of 116
the application of minimum preservation requirements. The
following policies provide criteria to make this objective
measurable. These policies shall apply to all of Collier County
except for the Eastern Lands Study Area, for which policies are
required to be adopted by November I, 2002.
Policy 6.1.1:
According to the Collier County Future Land Use Map, the parcel
is located within the Urban Residential Subdistrict requiring IS
percent preservation. The project proposes to preserve the required
15 percent, a total of 2.31 acres.
OBJECTIVE 6.2:
The County shall protect and conserve wetlands and the natural
functions of wetlands. The following policies provide criteria to
make this objective measurable, These policies shall apply to all of
Collier County except for the Eastern Lands Study Area, for which
policies are required to be adoptcd by November 1,2002.
Policy 6,2.1:
The projcct proposes to preserve about 15 percent of the native
habitat of the propeliy.
Policy 6.2.2:
A wetland jurisdictional determination will bc conducted with the
SFWMD during the ERP review process.
Policy 6.2.3:
A wetiand jurisdictional determination will be conducted with the
SFWMD during the ERP review process.
Policy 6.2.7:
A wctland jurisdictional determination will be conducted with the
SFWMD during the ERP review process.
GOAL 7: THE COUNTY SHALL PROTECT AND CONSERVE
ITS FISHERIES AND W1LDLIFE.
OBJECTlVE 7.1
The County shall direct incompatible land uses away from listcd
animal species and their habitats. These policies shall apply to all
of Collier County except for thc Eastern Lands Study Area, for
which policies are required to be adopted by November 1, 2002.
Policy 7.1.1:
No listed species were identified on-site.
?:JenCE; Item !'00. 8D
r,Tovernber 13. 20U7
F'age 77 of 115
Policy 7.1.2:
A protected species survey was conducted on the property October
2, 2005, A copy of the survey is included in this ms. The
Protected Spccies Survey indicated no known FWC / FWS listed
species inhabiting the sitc.
Policy 7,1.4:
A protected species survey was conducted on the propelty October
2, 2005. A copy of the survey is included in this EIS. The
Protccted Species Survey indicated no known FWC / FWS listed
species inhabiting the site.
The Big Cypress fox squirrel has the highest likelihood of
occurring on the property; conscquently, 2.31 acres of cypress
wetland will be preserved.
An additional survey for wading birds was conducted. The report
is included with this blS. No wading birds were identified on-site.
d, Native vegetation preservation.
i. Identify the aCl'eage and community type of allnpland and
wethllld habitats found on the project site, according to the
Florida Land Vse Covcr and Forms Classification System
(J<'LVCFCS). Providc a description of each of thc FLVCFCS
categories idcntified on-sitc by vegetation type (species),
vegetation composition (canopy, midstolJ' and ground covel')
and vegetation dominance (dominant, common and
occasional),
4119E1 Pine Flatwoods, Disturbed (1-24% Exotics)
This upland community occupics approximateiy 1.89 acres and is
dominatcd by slash pine in the overstory with scattered melaleuca.
The understory is composed of a dense understory of saw
palmetto, with scatcred rusty lyonia, l1razilian pcpper and cabbage
palm. There is very little herbaceous vegetation due to the shading
caused by the saw paimctto.
4119E2 Pine Flatwoods, Disturbed (25-49% Exotics)
This upland community occupies approximately 1.31 acres and is
dominatcd by slash pine und mela1cuca. The understory is
composed of saw palmctto and Brazilian pepper.
6259E2 Hydl"ic Pinc Flatwoods, Disturbed (25-49% Exotics)
This wetland community occupies approximately 2.96 acres ancl is
co-dominated by slash pine and melaleuca. Melaleuca coverage
Agenja iIen~1 ~-JC. 8D
t~overnber 13. 2007
P3ge 78 ofl16
averaged about 50 perccnt. Brazilian pepper is common. Myrsine,
cabbage palm, blue maidcncane, and swamp fern are also present
in the wetland.
6219El Cypress, Disturbed (1-24% Exotics)
This wctland community occupies approximately 9.23 acres and is
dominated by tall-statured cypress trees with widely scattered red
maple and dahoon holly, and melaleuca OCCUlTing around the edge.
Myrsine and swamp fern are also common in the undcrstory.
Brazilian peppel' is common with coverage in most arcas up to 60
percent. The center of the cypress area was open and containcd
willow, fire flag, and mikania.
ii. Explain how the project mccts or cxcecds the native
vcgctation prcscrvntion requirement in Goal 6 of the
Conservation amI Constal Manngement E1emcnt of thc Growth
Management Plan, and Chapters 4 and 10 of thc Land
Dcvelopment Code. Provide an exhibit illustrating such.
Includc calculations identifying the acrcagc for preservation
and impact, pcr FLUCFCS category.
See attached Wetiand Prcserve/Impact map. The propelty contains
approximately 15.39 acres ofnativc vegetation; 15 % is required to
be preservcd in order to meet Collicr County preserve
requiremcnts. This equates to 2.31 acrcs nccded for preserve. The
project proposes to prcserve 2.31 acres which meets Collier
County requirement.
-----
FLUCFCS Upland Wetland Preserved Impacted
-- Ac,'eaue ACI'ea2e .- m_
4119EI 1.89 - 0.0 1.89
41t9E2 -
1.31 - 0,0 1.31
6259H2 - 2.96 0,0 2,96
9,23 - -.
6219El - 2.31 (',92
-
TOTAL: 3.2<! 12.19 2.31 13.08
15.39 ac, · 0.15 = 2.31 acres rcquired native preserve.
\II. For sitcs already c1earcd and in agricultural use , provide
documcntation that the pal'cel (s) are in compliance with the 25
year rezonc limitation in Policy 6.1.5 of the Conservation and
Coastal Management Element of the Growth Managcment
Plan and Chapters 4 aud 10 of the Laud Dcvelopmcnt Codc.
For sites cleared prior to January 2003, providc
documentation that the parcel (s) are in compliance with the 10
year I'czone limitation pl'eviously identificd in the Growth
Management Plan and Laud Dcvelopment Code.
Aaen:::2 !lem f'Jo 8D
r'Joveinner Ai 3. 2'007
F'age 79 of ri 6
Not applicable, no portion oflhe property has been cleared.
iv. Have prescrvcs ur acreage requiremcnts for preservation
pl'Cviously been identified for the site during prcvious
dcvelopment order approvals? If so, identify the 10Clltion and
aercage of these preserves, and provide an explanation if they
arc different from what is prop used.
There have been no previous deveiopment order approvals on this
property.
v. For properties with Special Tl'eatment "ST" overlays,
show the ST overlay on the development plan and provided an
cxplanation as to why these areas arc being impacted or
preserved.
The planned preservation area on the site includes as much of the
ST area as possibie. Impacts to ST areas are required to create a
feasible project on the site and the associated water management
areas. Please see Site Plan with ST Overlay provided by Davidson
Engineering, inc.
e. Wetlands.
i. Define the number of acres of Collier County jUI'isdictional
wetlands (pursnant to Policy 6.2.1 llOd 6.2.2 of the
Conservation and Coastal Managcment Element of the Growth
Management Plan) according to the Flul'ida Land Use Cover
and l,'orms Classification System (FLUCFCS). Include a
description of each of the FLUCFCS eategol'ies identified on-
site by vegetation type (species), vegetation composition
(canopy, midstory and ground covel') and vegetation
dominance (dominant, common and ocellsional). Wetland
determinlltions are I'equired to be verified by the South Florida
Water Manllgemcnt District or Florida Department of
EnviJoonmental Protection, prior to submission tu thc County.
There arc 12.19 acres of jurisdictional wetlands on the propClty.
Wetland lines will be verified by the SFWMD during the ERP
review process, Following are a description ofthese communities
identified on the property.
Wetlands
6259E2 Hydric Pine Flatwoods, Disturbed (25-49% Exotics)
Agenda I:ern f'Jo. 8D
r'~ov9rnber 13. 2007
Page 80 of 116
This wetland community occupics approximately 2.96 acrcs and is
co-dominated by slash pine and mclaleuca. Melaleuca covcrage
averaged about 50 percent. Brazilian pepper is common. Myrsinc,
cabbage palm, blue maideneane, and swamp fern are also present
in the wetland,
6219El Cypress, Disturbed (1-24% Exotics)
This wetland community occupies approximately 9.23 acres and is
dominated by tall-statured cypress trees with widely scattered red
maple and dahoon holly, and melaleuea occurring around the edge,
Myrsine and swamp fern are also common in the understory.
Brazilian pepper is common with coverage in most areas up to 60
percent. The center of the cypress area was open and contained
willow, fire flag, and mikania.
Note: these wetland areas have not bccn verified by SFWMD
staff. The SFWMD does not perform jurisdictional detelTI1inations
unless the reqnest to do so is accompanied by a permit application.
ii. Detcrmine seasonal and historic high watcr Icvcls utilizing
lichcn lines or other biological indicators. Indicatc how the
projcct dcsign improves/affects prcdevelopment hydropcriods.
Providc a narl'lltive addl'essing thc anticipated control
elevation(s) for the site.
Scasonal high water marks havc been determined in the field via
biological indicators. Topography is currently being taken to
identify the drainage flow patterns. The final project design along
with the control elevation will be determined during the SFWMD
permitting process. The wetland preserve wili bc outside of the
stormwater system boundary.
Historical water levels and flows were impacted by the
developmcnt of 1-75 and further affected by the development of
Livingston Road. The LIDAR map indicates that the wetland
appears to be isolated. Currently, there is no indication that project
development would affect predcvelopment hydropcriods.
Ill. Indicate the proposed pcrccnt of defined wctlands to be
impacted and the effects of proposcd impacts on the functions
of these wctlands. Provide an exhibit showing the location of
wetlands to be impacted and those to be prcscrved on-sitc.
Describe how impacts to wetlands have becn minimized.
See attached Impact/Preserve map. There will be some impact to
wetland functions. Impacts to hydrology will be limited to the
_~'lenda item ~~o. 80
IJovernber i 3. 2007
Page 81 of 116
greatest extent possible through coordination with the SFWMD.
Wetland impacts have been limited by utilization of upland
habitats to the greatest extent possible.
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 Plan. For sites in thc RFMU district,
provide an assessment, based on the South Florida Water
Management District's Unifol'ln Mitigation Asscssmcnt
Method, that has been accepted by either the South Florida
Water Managemcnt District or the Florida Department of
Environmental Protcction. For sites outside the RI<'MU district,
and where higher quality wetlands arc bcing retained on-site,
provide justification based on the Uniform Mitigation
Asscssmcnt Mcthod.
Wetland mitigation bank crcdits will be purchased to compensate
for wetland impacts. Final UMAM scores will be determined
during the SFWMD ERP review process. Preliminary UMAM
scores are included with this submittal, along with a Mitigation
Analysis, No net loss of wetland function is anticipated. To
compensate for impacts to 9.88 acres of wetlands, 2.31 acres of
wetland will be preserved and cnhanccd on-site. In addition, 6.0
credits will be purchased at an off-sitc mitigation bank.
f. Surface and ground water management.
i. Pl'oville 1\11 ovemll description of the proposed water
management systcm explaining how it works, the basis of
design, historical drainagc flows, off-site flows coming into the
system and how they will be incorporated in the system or
passed around the system, positive ontfall availability, Wet
Scason \Vatcr Table and HI')' Season Water Tablc, and how
they wel'e dctcrmined, and any other pertinent information
pertaining to the control of storm and ground water.
The water management ~ystem will be a combination of dry pre-
treatment and lake detention areas that will hc designcd to South
Florida Water Management criteria, Survey information
e~tahlishing the wet scason and dry season water table is
forthcoming and will be provided in the next submittal after review
by the SFWMD staff.
ii. Provide an analysis of potcntial water qnality impacts of
the project by evaluating water quality loadings expected from
the project (post development conditions considering the
Agenda item No_ 80
Novsmber 13. 2007
Page 82 of 116
proposed land nses and stormwater management controls)
compared with water quality loadings of the project arca as it
exists in its pre- development conditions. This analysis is
required for projects impacting five (5) or more acres of
wetlands. The analysis shall be performed using methodologies
appl"Ovcd by Fcderal and State water quality agencies.
This project will be permitted by the South Florida Water
Management District for water quality and quantity as well as
impacts to wetlands. Current District guidelines with regard to
pre-treatment of storm water and applicable discharge rates will be
met. The development will be fairly low intensity with regard to
site impacts due to the mid-rise nature of the building and under
building parking which wil1reduce the footprint of each building
and its associated impacts. Please see the attached Pre versus Post
Analysis provided by Davidson Engineering, Inc.
Ill. Identify any Wellfield Risk Management Special
n'eatmcnt Overlay Zones (WRM-ST) within the project area
and provide an analysis for how the project design avoids the
most intensive land nses within the most sensitive WRM-STs.
No WRM overlays are within the property boundary and the ST
areas within the project has been addressed.
g. Listed species.
1. Provide a plant and animal species snrvey to include at a
minimum, listed species known to inhabit biological
communities similar to those existing on-site, and conducted in
accordancc with the guidelines of the Florida Fish and Wildlife
Conservation Commissionllnd the U.S. Fish and Wildlife
Service. State actnal survey time and dates, and providc a map
showing the location(s) of species of special statns idcntified on-
site.
See attached protected species survey. No listed species were
identified on the property but it is suspected that some of the listed
air plants would be present on the propelty.
An additional wading bird survey was conducted on-site. No
wading birds were identified on-site. See attached report included
with this EIS.
ii. Identify all listed speci~s thllt are known to inhabit
biological communities similar to those existing on the site or
that have been directly observed on the site.
!\;;'3nCa It9m f'~o. tiO
i<::y,H::::Tlber 13, 2007
Page 33 of 1:6
The listed species which have the highest likelihood of occurring
on the property are the listed air plant and the Big Cyprcss fox
squirrel. Since the project preserves 2.31 acres of the habitat in
which these species could rcside, there will be some protection for
these species.
Ill. Indicate how the project dcsign minimizes impacts to
spccies of special status.
Since the anticipated listcd species are those that typically occur in
wetlands, the 2.31 acrcs of wetland preserve should afford some
protection ofthese species.
iv. Provide habitat management plans for each of the listed
specics known to occur on the property. For sites with bald
eagle nests and/or nest protection zones, bald cagle
management plans are requh'ed, copies of which shall be
included as exhibits attached to the PUD documents, where
applicable.
Since no listcd spccics were identified on the property, no
management plan is ncccssary.
v. Where applicablc, include correspondence received from
the Florida Fish and Wildlifc Consel'Vation Commission
(FFWCC) and the U.S. Fish and Wildlife Scrvicc (USFWS),
with regards to thc project. Explain how the concerns of these
agencies have been met.
No corrcspondence has becnreceivcd to date. Coordination with
these agcncies will likely occur during the pcrmitting process.
h. Other.
i. For multi-slip docking facilities with ten slips or morc, and
for all marina facilities, show how the project is consistent with
thc marina siting and other criteria in the Manatee Protection
Plan. ii. I nclnde the results of any cnvironmental assessments
and/or audits of the property. If applicable, Pl'ovide a
narrative of thc cost and measures needed to clean up the site.
Not applicable, there are no docking facilities.
ii. Include the results of any environmental assessments
and/or audits of the property. If applicable, provide a nal'l'ative
of the cost and measures needed to clean up the site.
Aaenda Item No. 80
~~.ovember 13. 2007
Page 84 of 116
A protected species survey is attached.
Ill. For sites located in the Big Cypress Area of Critical State
Concern-Special Treatment (ACSC-ST) overlay district, show
how thc project is consistent with the development standards
and regulations established for the ACSC-ST.
This project is not located within the ACSC.
iv. Soil sampling or ground watcr monitoring rcports and
programs shall be required for sites that occupy old farm
fields, old golf courses or for which there is a reasonable basis
for bclicving that there has been previous contamination on
site. The amonnt of sampling and testing shall be determined
by the Environmcntal Services staff along with the Pollution
Control Department and the Florida Department of
Rnvironmental Protection.
Not applicable. Thcrc has never been farming or golf course
operations on the parcel. Thcrc is no cvidence of past
contamination.
v. Provide documentation from the Florida Mastcr Sitc Filc,
Florida Departmcnt of State and any printed historic
archaeological survcys that have been condncted on the projcct
area. Locate any known historic 01' archaeological sites and
their relationships to thc proposed project design. Demonstrate
how the project design preserves the historic/archacological
intcgrit)' of thc site.
See attached results from the Master Site File search, which
indicates that there are no previously record cd cultural resources
on the property. No historic,ll surveys have becn conducted on the
property.
5. Additional data. The County Manager or his designee may
reqnire additional data or information necessal'y in order to make a
thorough and complete cvaluation of the EIS and project.
6. Relation between EIS and development of regional impact (DIU).
In any instance where the proposed project requires both an EIS and
a DRI, their data may be embodied in one report provided such
report includcs all the required information on both the EIS and DIU.
,L'J:1:::nja '[sm i'~o. 80
t,Jovsrnber 13_ 2007
Page 3E- of 1 'i6
Della Rosa
Environmental Impact Statement
Attachments
1. Location Map
2. FLUCFCS Map with Aerial
3. Soils Map
4. Master Concept Plan provided by Davidson Engineering, Inc.
5. Preserve Map
6. Wetland Impact Map
7. Conditional Use Plan for Adjacent Property
8. Protected Spccies Survey
9. Wading Bird Survey
10. Master Concept Plan with ST Overlay provided by Davidson Engineering, Ine,
11. L1DAR Map
12. Mitigation Calculations and UMAM worksheets
13. Pre versus Post Analysis provided by Davidson Enginccring, Inc.
14. Historical Lctter
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Page 86 of 116
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,L\'::)~nca Itern j\Jo. 80
~Jovemb8r 13. 2007
Page 93 of 116
DELLA ROSA
Environmental Assessment and Protected Species Survey
Boylan -~
Environmen taL-..
Consul tantS"))lC.
Wetland & Wild/fie Slww:y.'!;;j;w.1"nJlllllental Pe/'mitling,
Impact 6sessmel/lS
11000 Metro Parkw"l', Suite 4
FOlt Myel's, Florida, 33912
Phone: (239)418-0671 Fax: (239)4t8-0672
March 16, 2006
P.,genda item 1\10. SO
t~ovember -; 3.2007
PagE) ~14 of 116
INTRODUCTION
Two environmental scientists from Boylan Environmental Consultants, Jnc conducted a field
investigation on the 14.99 acre propeliy on October 2,2005. The purpose of the field
investigation was to identify the presence of protected species and habitat, as well as to
approximately locale any sensitive lands such as wetlands. The surveys were conducted between
the hours of 9:00 a.m, and 12:00 p.m. TIle site is located in portions of Section] 3, Township 48
South, Range 25 East, in Collier County, Florida. Specifically, it i~ sitnated some distance north
of Imlllokalee Road just east of Livingston Road.
SURVEY MF,TlIODOLOGY
The property was surveyed for the presence of listed species via overlapping belt tran~ects.
This method is comprised of a several stcp process. First, vcgctation communities or land-uses
on the property or study arca are delineated on an acrial photograph based on nomenclature of
the Florida Land Use, Cover and FOlms Classification System (FLUCFCS). Next, thc
FLUCFCS codes or land-use types found on the property are cross-refcrenced with State and
Federally listed species that can be found in Collier County. The list of protected spccies was
derived from several sources, the Official List of Endangered and Potcntially Endangered Fauna
and Flora in Florida (Florida Natural Areas fnventory FNAI; 1995), Florida's Endangered,
Threatened and Species of Special Concern (Florida Fish and Wildlife Conservation
Conunission (2004) and the Endangered and Threatened Species of the Southcastern United
States (US Fish and Wildlife Service).
Then, each community is searched in the field for the species which have the potential to occur
in that particular FLUCCS type. An intensive pedestrian slll'vey is conducted using belt transects
as a means of searching for plants and animals. In addition, periodic "stop-look-listen" and quiet
stalking methods are conducted for animals. Signs or sightings ofthese species are then
recorded and marked in the ficld with flagging tape. Thc table at end of this repOli lists the
FLUCFCS conllilUluties found on the property ~Uld the corresponding species that have the
potential of occurring in thcm. Pmiicular attention was placed upon locating potential fox
squirrel nests, and eagle's nests within the forested portions of the propcrty,
In regards lo wetlands, the U.S. Army Corps of Engineers (ACOE) and the South F)oridll Water
Manllgement District (SFWMD) are the regulatory agencies that regulate development activities
in wetlands. Specifically, thc ACOEuses the Corps of Engineers Wetlands Delineation MmlUal
(Enviromnental Laboratory 1987) and SFWMD uses the Florida Wetlands Delincation Manual
(1995) in determining the presence of wetland. In general, to be considered wetland by the
ACOE or the SFWMD, the area should exhibit wetland hydrology, wetland vegetation, and
hydric soils. Because hydric soil, wetland hydrology, and wetland vegetation are needed for an
area to be considered as wetland, we searched the property for indicators of these parameters.
SITE CONDITIONS
The temperature was in the low 80's with sunny skies during the field invcstigation. The site
was undeveloped, TIle site is bordered on the nOlth, east and south by undeveloped forestland.
The west side ofthe property was bounded by Livingston Road. The properly did contain about
11.81 acres of wetlands.
2
J<:JS:l:a i:8nl 1''<10. 3D
1.Jo\/~~:T:b2r 13. 2007
Poge 95 of i 16
Listed below are the vegetation communities or land-uses identified on the site as shown on the
attached protected species survey map. See Florida Land Use, Cover and Forms Classification
System (Department of Transportation 1999) for definitions.
411El Pine Flatwood (approximately 1.89 acres)
This upland community was dominated by slash piue in the overstory with scattered
melaleuca. The understoty was composed of a dense understory of saw palmetto, with
scatered rusty Iyonia, Brazilian pepper and cabbage palm. There was very little
herbaceous vegetation due to the shading caused by the saw palmetto. Exotics comprised
a minor amount of this area.
411E2 Melaleuca invaded Pine Flatwoods (al)proximately 1.31 acres)
This upland community was dominated by slash pine and melaleuca, The understory was
composed of scattered clumps of saw palmetto, with Brazilian pepper, and swamp fern in
the understory.
625E2 Melaleuca Invaded Pine {i'latwoods Wetland (approximately 2.96 acres)
This wetland community was co-dominated by slash pine and melaleuca, Melaleuca
cover ranged from 25 to 50 percent. Brazilian pcpper was common. Myrsine, cabbage
palm, blue maidcncane, and swamp rem were also present in thc wetland.
621E1 Cypress (approximately 9.23 acres)
TI1is wetland conullunity was dominated by tall-staturcd cypress trees with widely
scattered rcd maple and dahoon holly. Myrsine and swamp fcrn wcre also common in tlle
understory. Brazilian pepper was common with coverage in most areas up to 50 percent.
The center of the cypress area was open and contained willow, fireflag, and n1ikania.
SPECIES PRESENCE
During our field survey for protected species on the propClty, we did not observe any protected
species or signs thereof. No nest-like structures or tree cavities were noted. No tortoise burrows
were identified.
A lmge proportion of the property was wetland, the most of which was forested. The cypress
area had a small area of open marsh in which it would be likely that wading birds would forage.
No nests of wading birds were identified, No listed air plants were noted, but their presence is
possible. The Bartram's ail' plant "TiIlul1dsia hu/'tramii," a non-listed airplant was identified on
the propert.y. Big Cypress fox squirrels have a potential to occur on the property, but no nests
were identified. Based on a review of the Plorida fish and Wildlife Conservation Commission's
website data base of bald eagle nest sites, the nearest doeumentcd cagle nests was situated 3.5
west southwest of the project site. The various listed species that may occur in the vegetation
communities or land-use typcs found on the property have been tabulated on the attached table,
3
Aaenda i'Lerr, ~~o. 80
rJov~nrlber 1 T 2007
Pa:J8 96 of 116
Table 1. Protected species having the potential to occur in the corresponding rLUCFCS
community or land-types with corresponding field survey results.
FLUCCS Potential Listed Species % Prescn t Absent Density Visibility
- Cove,'aoe (f!)
411 Reautlful Pawpaw 100 X 20
Bia CV'lfess Fox Sauirrel --.
100 X 20
-
Eastern Indigo Snake 100 X 20
Fakahatchee Burmannia 100 X 20
.-- ------.. .-_.-. ~.,.
Florida Black Bear 100 X 20
Florida Coontie 100 X 20
Florida Panther 100 X 20
GOIl1,,;;: Fro. --~-~ --.
100 X 20
Gopher Tortoise 100 X 20
-.... -~------
Red-Cockadcd Woodpecker__ 100 X 20
--"~> ~ --"-..---
Satinlcaf 100 X 20
Southeastern American KestTel JOO X 20
Twisted Air Plant 100 I X 20
-----. ,-.-- ..
424 None 80 ,,-_.. .. X 20
619 None 80 X
621 American Alligator 90 X 20
Eve;:;;]ades Mink 90 X 20
'''",---''--~--- -
Florida I3lack Bcar 90 X 20
Florida Panther 90 X 20
Gopher Frog 90 X I 20
Limnkin 90 X 30
---.----....
--- Little ilI"e IIeron 90 X 20
Sn"-wYF:.b'l'.et _ 90 X 20
Tricolored Heron _2~ -...- . X 20
.. - --
Wood Stork 90 X 20
625 Beautiful Pav"naw ]00 X 20
1iJ; C~~1re" Fox Sqnirrel ]00 X 20
-.
Eastern Indipo Snake ]00 X 20
Fakahatchee Burmannia ]00 X 20
. ""Iorlda Black Rcar ]00 X .. 20
---.------ ----- -- -----
Florida Coon tie ]00 X 20
Florida Panther -----
]00 X 20
Gopher Frog ]00 X 20
Gonher Tortoise . . --
]00 X 20
Red-Cockaded Woodoecker 100 X 20
Satinlcaf 100 X 20
Southeastern American Kestrel .--- -..
.-...._. ]00 X 20
Twisted Air Plant 100 X 20
4
,6,],:;:!cja IIS'ITi !';o. 3D
tJovsiT:r.,er --:::3 2007
P8'J9 ~,7 or I! 6
DELLA ROSA 14.99::1:: Acres
Seetion 13; Township 48S; Range 2SE
Collier County, Florida
Wading Bird Survey
Boylan ~. _,_.
Environmenta~:
Consultants, Inc.
Well~nd & Wiltllif<: Surveys, Environ
&. Impac! ^~~'.:s~mclll
1] 000 Metro Parkway, Suite 4
Fort Myers, Florida, 33966
Phone:(239) 418-0671 Pax:(239) 418-0672
August 1,2006
Agenda Item No. 8D
r.-.jovember i 3. 2007
Page 98 of 116
Della Rosa
Wading Bird Survey
INTRODUCTION
An enviromnental scientist from Boylan Environmental Consultants, Inc conducted a fidd
investigation on the ]4.99:10 acre propelty. The purpose of the ficld investigation was to identify
the potential of listed (endangered, threatened, ete,) wading bird species inhabiting the site that
are regulated by the US Fish & Wildlife Service (fWS) and the Florida Fish & Wildlife
Conservation Commission (FWC), The site is locatcd in pOltions of Section 13, Township 48
South, Range 25 East, in Collier County, Florida. Specifically, it is situated east of Livingston
Road and north of Immokalce Road. Please see attached Location Map.
METHODOLOGY
The survey area included all wetlands and transitional areas. These areas were surveyed for
wading birds for three dawn and two dusk surveys at each wetland area. Specific methodology
included pedestrian transects through potentia! habitat with periodic stop-look-listen stalking
metllOds. Binoculars were utilized to assist in the survey. Each wetland and transitional area
was surveyed beginning at the times listed below
SURVEY DATE AND WEATHER CONDITIONS
Survcy Dlltc
SUI'vey
Time
7: IS_pm
6:45 am
7:15 m
6:45 am
6:45am
Wcathcr Conditions
Jul 31,2006
Au ust 1, 2006
August 1, ?206
August 2, 2006
August 3, 2006
Clear with Ii ht winds and temperatures in the u) )er SO's
Partly cloud !ittle to no .\Vind and tem eratures in the up cr 70's.
Clear with little wind andtem eratures in the low 90's.
Part! cloudy with little wind and temperatures in the low 80' s.
Partl cloud' witl~little wind and temperatmcs in the low 80's.
V cgctation
The following vegetation conmulllities were identified on-site utilizing, the Florida Land Use
Cover and FOffilS Classification System (FLUCFCS). See Florida Land Use, Covel' and Forms
Classification System (Department of Transporlation 1999) for definitions.
FLUCFCS CODES/Description
411El Pinc Flatwood (llpproximatcly 1.89 acrcs)
This upland community was dominated by slash pine in the overstory with scaliered
melaleuca. The sub-canopy is composed of a dense understory of saw palmetto, with
scatered rusty lyonia, Brazilian pepper and cabbage palm. There is very little herbaceous
vegetation due to the shading caused by the saw palmetto. Exotics comprised a minor
amount of this area.
411E2 MclalclIca invaded Pinc Flatwoods (approximatcly 1.31llcrcs)
This upland conmmnity was dominated by slash pine and melaleuca. The understory is
composed of scattered clumps of saw palmetto, with Brazilian pepper, and swamp fern.
625E2 Mclaleuca Invadcd Pine Flatwoods Wetland (approximately 2.96 ac.'cs)
Page 2 of3
Aos:vja :tem f'~o. SO
iTovember '13. 2007
DelhfR6i?aof 116
Wading Bird Survey
This wetland community was co-dominatcd by slash pine and melaleuca, Melaleuca
cover ranged from 25 to 50 pcrccnt. Brazilian pepper was common. Myrsine, cabbage
palm, blue maidencane, and swamp fern were also present in the wetland.
621El Cypress (approximately 9.23 aCI'es)
This wetland community was dominated by tall-staturcd cypress trees with widely
scattercd red maple and dahoon holiy, and melaleuca OCCUlTing around the edge.
Myrsine and swamp fern were also common in the understory. Brazilian peppcr was
common with coverage in most areas up to 50 percent. The center of the cypress area
was open and contained willow, lireflag, and mikania.
DISCUSSION
During the survey for wading birds, no listcd specics were observed on-sileo TIle absence of
wading birds observed during the survey is likely due to the dense understory vegetation.
Brazilian pepper comprised a majority of the understory with few open arcas appropriate for
foraging habitat. Common bird species were heard or observed on-sitc and included boattailed
grackle, nOlthern cardinal, mOll\'ning dove, downy woodpcckcr, common grackle, and red-bellicd
woodpecker. White ibis were observed flying overhcad, and a single juvenile little bluc heron
was obselved east of the property along thc powerline easemenl.
Page 3 oD
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Aoenda item r'~o. 8D
November ~13^ 2007
Page 102 of 116
Della Rosa
Mitigation Calculations
Boylan -;I"
Envirorun'~~1--
Consultants, 'U1C.
Wetlal1d & WIJdlifc Surl'eY~hmllle.ntaf Permitting,
Impact k~ssments
11000 Metro Parkway, Suite 4
Fort Myers, Florida, 33966
Phone: (239) 418-0671 Fax: (239) 418-0672
August 7, 2006
iit.::rTI i-~o. SO
i 3. 2007
F'3;J8 103 of 1 i6
Mitil!ation Calculations
Unifo\'m Mitigation Assessment Method (UMAM):
Direct Impact Area:
ASSRSMENT !i'UNCTlONAL
AREA FLUCFCS ACREAGE A LOSS
ID
1 6219El 6.92* ae 0.63 4.36
2 6259E2 2.96* ae 0.63 1.86
Total: 9.88* ae 6.22
--------- --_._~-----
Mitigation Area:
RELATIVE
FUNCTIONAL
GAiN
- .--~---~--
6219El 2.31* ae 0.10 0,23
Totals: 2.3H ae:~.Q:io.~1 0.23
*In applying the UMAM to projects whDre muhiplc mitigation sites are proposed to offset wetland impacts it is
necessary to lIlultiply functional gain by FlUCFCS acreage.
ASSESMENT
AREA
FLUCFCS
ACREAGE
FUNCTIONAL
GAIN'
1
Total Functional Loss: 6.22
Total Functional Gain: 0.23
A total of 6.0 credits will be purchased at a mitigation bank in the projects' service area.
NOTE; See aUaehed UMAM worksheets for relative functional gain and functional loss calculations.
Aaenda item I~o. 80
~rovember 13. 2007
Page 104 of 116
MITIGATION DISCUSSION
As compensation for the 9.88 acrcs of direct impacts to wetlands; 2.31 acres of wetlands will be
preserved and enhanced through the removal of exotics. In addition, 6.00 credits will be
purchased from a mitigation bank in order to fulfill mitigation requirements.
Assumptions utilized for determining functional gain of wetland enhancement.
Exotics and nuisance plants wHl be removed ii'om the wetland preserve via hand removal
methods.
A scheduled maintemmce program wHl be established to maintain the site free of exotic
and nuisance vegetation per the Florida Exotic Pest Plant Council.
At no time shall, exotic and nuisance vegetation constitute more than 5 percent of the total
vegetative cover between inspections.
A:::sn':Ja item No. 80
~\J~ove;T:ber 13 2007
Page 105 of 116
PART II - Quantification of Assessment Area (impact or mitigation)
(Soo Soctions 62-345.500 and .600 F.A.C.)
Site/Profecl Name ApplicaUon Number Assessment Area Name or Number
Della Rosa Collier Cuunty EIS: 9577 1 (6219 El)
Impact or Mitigation Assessment conducted by: Assessment date:
Mitigation Christina Stejskal July 28, 2006
Scoring Guidance
The scoring of each
Indicator is Dased 011 what
would be suitable for the
lype of wetlflind or surface
water al:isessed
o timal 10 Moderate 7 Minimal 4 Not Prosent 01
Condltlon is las!> than
Condition Is optimal and Wily optimal, but sufficient 10 Minimal level of support of Condilion is insufficient to
supports wetland/surface maintain most watland/surface water provide wetland/surface
waier functions wetland/surface functions wator functions
water functions
,50G(6)(a) Location and
Landscape Support
w/o pres or
current with Cunent: 6, 5, 7, 7, 7, 7,5
(, I 15 With: 4,7,4,4, 5,4,4,
.500(G)(b) Water Environment
(n/a for uplands)
w/o pres or
current with Current: 6, 7,7,7,8,5,6
7 1 19 With: 7,8,9,9,9,9,9
.500 (6) (c) Community slmcluI<~
1 Vegetation and/or
2. Benthic Commtmily
w/o pres or
current with Current: 6, 5,6,7,5,7,6,7
6 ] b With: 9, 9, 9, 8, 8, 9. 9, 8
ScorE! = sum of above scores/3D (il
upl"nds. dlvi:lt.'b)' 20)
current
orw/o res
If prcsorvallol1 as mitigation,
For Impact assessnmnt areas
with
Preservation adjustment facto.:;; n/a
Adjusted mitigation delta = n/a
Fl = delta x acres =
n/a
0.63
0.77
Delta = [with-curront)
lfmllloation
Time lag (I-factor) = 1.07
Rfsk factor = 1.25
For mitigation assessment areas
RFG = dellaf(t-factor x risk) ::
0.77-0.63~ 0,14
0.14/(1 ,07x] .25)=0.IOx2.31 =0.23
Form 62-345.900(2), FAG, {effective date 02-04-2004]
A;Jenoa Item f\JO. 8D
r;;ovember 13. 2007
Page 1G6 of 116
PART II . Quantification of Assessment Area (impact or mitigation)
(See Sections 62.345.500 and .600 F.A.C.I
SitefProJecl Name Application Num ber Assessment Area Name or Number
Della Rosa Collie,. County EIS: 9577 1 (6219 El)
Impact or Mitigation Assessment conducted by: Assessment data-:
Impact Christina Stejskal July 28, 2006
Scorina Guidance
The scoring of each
Indicator Is based on what
would be suitable for the
type of wetland or surfaca
water assessed
OnUmal110 Modcmte 7 Mtnlmal14\ Not Presant 0\
Condition is leM lhfln
Condition is optimal and fully optimal, but sufficip.nt to Minimal level of support of Condition Is InsuFrlcicnt to
supports wetland/surface maintain mosl weiland/surface water provide wetlandfsurface
water funcHons wetlandfsurface functions waler funcflons
water functions
_500(6)(a) LocatlOtl afld
landscape Support
wlo pres or
current with
6 -I I Current: 6, 5, 7, 7l 7, 7, 5
.500(6)(b) Water ErlVironment
(nfa for uplands)
wfo pres or
current with
7 I I Current: 6 7 7 7,8, 5, 6
.600 (6) {c) Community structure
1_ Vegetatlon and/or
2. Benthic Community
wlo pres or
current with
6 I I Current: 6, 5, 6, 7, 5, 7, 6, 7
Score'" sum of above scareafSQ (if
uplands, divide hy 20)
current
orwfo reI>
If preservation as mitigation,
For Impact assessment areas
with
ProsGrvation adjustment factor = nJa'
Adjusted mitigation della ,. n/a
0.63
Fl = delta x acres ~
0,63 X 6.92~ 4.36
Delta = [w{th-currenfl
If miliQation
Time lag (I-factor} = n/a
Risk factor = n1a
For mitigation assessment areas
0.63
RFG = deltaf(t-fBctor}( risk) =
nJa
Form 62-345.90G(2), FAC. [effective date 02-04-20D4)
:1:;m-, r'~o. 3D
13 2007
?age ~I07 of 116
PART II . Quantification 01 Assessment Area (impact or mitlgatlonl
{See Seclions 62.345.500 and .600 F.A.C.)
Site/Project Name Application Number Assessmont Area Name or Number
Della Rosa Collier Countv EIS, 9577 2 (6259 E2)
Impact or Mitigation Assessment conducted by: Assossment date:
Impact Christina St~iskal Jniy 28, 2006
Scoring Gutdance
The scoring of each
indicator Is based on what
w{luld be s\lllable for the
lype of wetland or surface
wator assessed
ontimalf10 Moderater7\ Minimal 4 Not Present 10
Condltlon is less thsn
Condition is opiimfll Clnd fully optimal, but sufficient to Minimal level of support of Condition Is insufficient to
supports wolland/sunace maintain most wetland/surface water provide wetland/surface
water functions wellAnd/surface functions waler functions
water functions
.500(G){a} Location and
Landscape Support
w/o pres or
cmrenf with Current: 6, 5, 7, 7,7,7,5
6 I r
.500(B)(b) Water Environment
(n/a for uplands)
w/a pres or
current with Current: 6, 7, 7, 7, 8, 5, 6
l r
7
.50{) (6) (c} Community structure
1. Vegetation and/or
2. Benthic Community
w/o prcs or
current with Current: 5, 5, 5, G, 5, 6, 6.6
l r
6
Score'" sum of sbove scoresf30 (if
uplands, dr...rdtluy 20)
current
orw/o res
If preservation as mltigalron,
For impact assessment areas.
Preservation adjustment fflclor '" nJa
with
Adjusted mitigalion del!a ::: nfa
FL = delta x acres '"
0,63 X 2,96= l.R6
(),63
Delta;; [wllh-current]
lfmlll allan
Time lag (t-factor) ;;; nfa
Risl: factor = n/a
For mitigation (lssessment areas
0,63 .
RFG = delta/(Hactor x risk) =
ilIa
Form 62-346.900(2), FAC. [effective date 02-04-2004]
Della Rosa
Pre-vs-Post Development
Conceptual Water Management Report
Agenda Item No. 80
t~ovetl1ber 13. 2007
oge 108 of 116
DAVIDSON,
ENGINEfRING
General
Deila Rosa 15.93 +/- acres, residential and development. The project is located
on the East side of Livingston Road approximately OIle mile North of Immokalee Rd. in
Section 13 South, Township 48 South, Range 25 East, within Collier County, Florida. '
Existing Conditions
The project site is undeveloped with vegetation and wetlands.
Storm Water Analvsis
,
The surface water managcmcnt system will CDnsist of a series of catch basins and
swales used to collcct the surface water runDiI The necessary water quality will take
place in the on site lake and will discharge directly into the wetland preserves on the
southeast side of this proj ect.
There will also be a series of grate inlets to provide storm water runoff direction
from the developed areas directly into the lake prior to discharge to the wetlands. This
discharge wiil be limited to the allowable discharge in this area via a provided control
structure and will provide treated runoff water to help maintain hydration in the wetlands,
Based on the attached calculations provided using Cascade 2001@ modcling
software and the South Florida WaleI' Management District's sprcadsheet, the pre-
development discharge rutes arc cxtrcmely high due to the fact that there is a very minute
change in tail water conditions limiting the discharge from om site. Based on the routings
provided, thc pre-development conditions show a discharge rate as high as 4,321.55 cfs in
an area where the allowable discharge per county ordinance is not to exceed 0.15
cfs/acre, which is an ailowable discharge of 1.37 cfs for the site. Based on the provided
conceptual routings, the pcak post-development discharge rate of 0.88 cfs is lower than
the allowable discharge rates of 1.37 d's. Therefore, the routings show that we will follow
county standards and provide hydration to the adjacent wetlands in effOli to maintain a
clean and friendly environment.
Davidson Engineering, Inc.
Project
Proj, II:
Calculated By:
Checked By:
IRUaRolI
05-050 I
DEW
.JLD
Task II
Date:
Date:
Water Management Design Calculations
Della Rosa Pre-Development Conditions
.Z-I..Jsn=:a !:em r'~o. so
r\i~::W::;lTIb2r 13. 2007
rj98 109 at 116
DAVIDSON.
ENGINEERII'-4G
23-Aug-06
24-Aug-06
A) LAND USE SUMMARY
Basin Land Use
Impervious
Area
Pervious Area
Total Area
Wllter Surface Building
PAvement
^~rCll
A.res
A~re'
^W'1l
Ao"
Acres
Lake 0,00 0,00 0,00 0,00 0,00
Wetland 0,00 0,00 0,00 0,00 0,00
Pavement/Driveway 0,00 0.00 0,00 0.00 0,00
N/A 0,00 0,00 0,00 0,00 0.00
Building 0,00 0,00 0,00 0,00 0,00
Open Space 15,<)3 0,00 0,00 0.00 0.00
Totals: 15.93 0.00 0.00 0.00 0.00
B) DESIGN PARAMETERS
Control Elevation =
I-day rainfall( 100yr) ~
I-day rainfall(25yr) =
Q(AJlowable) =
Soil compactiun factor (Le. 25%)
12,00
3.50
7,25
(),15
25%
N,V,G,D,
Inches
Inches
CFS / Acre
Pervious Area= Project Area ~ Impervious Area
Pervious Area"" 15.93 0.00
Pervious Area""l 15.93 I Acres.
B) PEAK ALLOWABLE DISCIIARGE
Q(Allowable)= CrS/Acre
Q(Allowablc)= 0,15
Q(Allowable)~1 Z,39
'" Project Area
.
15,93
ICIS
O,()O
(),OO,
0,00
0.00
0.00
15.93
15.93
C\ WATER OUALITY STORAGE VOLUME
1. First Inch ofRunoffCl'itcria:
Water Quality Vo1,=
Water QualityVol.~
Water Quality V al.~1
Project Area
15,93
1.33 I Ae-ft.
1 in.'Oft/l2in.)
t in.'(IR/12in,)
*
*
2.5 % Impervious Criteria:
a) Site Area= Project Area - (Lake + Conservation) - Roof
Site AJ'ea~ 15,93 0.00
Site Area=' 15.93 Acres
b} Imp. Area= Site Area ~ Perviolls Area
Imp. Area~ 1.\,93 15,93
Imp. Area= Acres
e) Vol. SIal', Req'd~ 2.5in,*(IftJI2in.) * (Imp. Area/Sile Area) * (Project Area - Lake - COllServ,)
Vol. Star, Req'd= 2.5 in,*(IftJI2in.) * , t5.g3
Vol. Stor. Req'd'"l 0.00 I Ae-ft.
Tlwrcfore: calculation # 1 cnntl'Ols and a water quality volume of
1.33 IAc-n. must be detained on-site prior to discharge.
3. Maximum Daily Discharge;
CriTeria: 1/211 per day
Q(Bleed-Down)=
Q(Bleed-Down)~
Q(Bleed-Dow!\)=
((0,510'/24hrs,)' (1I1/12in,) * (43560sf/aere) * (lhr/3600,)) * (Project Area - Lake)
0,02i * 15,93 0,00
ICFS
0.33
4. Type of Detention Area
Actual Water Quality Volume Provided= ~ 0.00
Water quality volume will stmt at Control Elevation:
Water quality volume will end at Control Elevation:
l Ac"ft.
12.00 NGVD (ft.)
11,80 NGVD (ft,)
D) SOIL STORAGE
Depth to Water Table =
Soil Storage for perviolls arcus = Sd =
From SFWMD; Basis for Review, Volume IV
S"". Silc~Widc Soil Storage
s= Sd * (Pervious AreaIProject Area)
S~ 2,87 '
S~I 2.87 (Inche'
1.0
2,87
ft.
Inches
15,93
15,93
'c\oenda Item r~o. 80
r-JQvember 13. 2007
rja@Of116
DAVIDSON
[;NGINEERING'
E) MINIMUM FINlSIIED FLOOR ELEV A TlON
L Peak Stage from Cascades (iOO-year, 3-day, zero discharge):
Peak Stage~ 0.00 NOVD (1\,)
2, FEMA flood Zone: N/A
The flood hazard elevation is: N/A
3. lOG-year, 3.day, zero discharge calculations (SCS method)
I-day rainfal1= 8.50 Inches
3.day rainfall'" I-day rainfall * 1.359
3-d,y rainfal1~ 8.50
3.day rainfall~ 11.55
.
1.359
Inches
Inches ofRunoff= (P-0.2SY'2/(P+0.8S)
Inches ofRunoff~ 8,70 lnches
Volume ofRunoff= (lft/12In,)' (Inches ufRlIIlOff)' (Project Ar,.)
Volume of Runoff= 1ft/12In, . 8.70
Volume ofRunoff=1 0.00 I Ac.f\,
Therefore, using the CASCADE resul1s a minimum finished floor elevation
will be equal to or greater than 0.00 NOVD (ft.)
.
15,93
F) MINIMUM ROADS ELEVATION
1. Peak Stage from Cascades (2S-year, 3~day):
Peak S"ge~ J2.01 NCiVD (ft,)
2. 25-ycar, 3-dIlY, zero dh.chargc calculations (SCS method)
] -day rainfall= '" Inches
3-day raillfall~-' I-day rainiilll >I' 1.359
3-day rainl"I1~ 7,25 . 1.359
3~day rainfall= 9.85 filches
Inches ofRunnff= (1'-0,2S)"2/(1'+0,8S)
Inches. of Runof[= 7.08 Inches
ValUlnc of Hutloff= (lrtJ12in.) "" (1nche.~ Ofl\UllOfi)'" (ProjecL Area) - (Bleed-down 3-Duy Volume AIlm.\'cd in Ac-Ft)
VolomenfR\lnof[~ 7,08 · ['/12" . 15,93 1.99
Volume ofRunO(I':1 7.41 lAC-ft.
Therefore, using the CASCADE results a minimum road elevation
will be approximately: 0.00 NGVD (ft..) (Minimum 21 above c.,E. Controls)
G) I'ERCENT DIRECTLY CONNECTED 1~1I'ERVIOUS ARE'" (IJCIAl
%DCIA= lmpervious Area I Project Area
%DCIA~ 0,00 1 15.93
%[)(JA~I 0,0%
H) CURVE NUMBER FOR I'F.RVIOUS AREA
CN~ 1000 I (10 + SeI)
CN~ 1000
CN~I 77.7
10.00
2.87
b..JBnja item r~o. 3D
N~OV8mbet. 'i3, 2~)07
Def116
DAVIDSON.
ENGINEERING
J) DISCHARGE STRUCTlJI!e
1. BlccdMOown Device 0.51 Orifice
At elcvation= 12.00
Q(Dischargej=1 1.37
NGVD(fi.)
I CFS
NOTE: The exact discharge devices will be sized in the following section, Stonnwatcr Flood Routing.
J) Sl'ORM'I'IATER FLOOD ROUTING
1. Flood routing for the system is liL:t:ornpJished through the use of Santa Barbara Urban Hydl'Ogmph
method to generate the runoffhydrographs and through the AICPR
for multiple pond routing. The following pages arc the input and output for this drainage area.
DEPTH TO
WTR TABLE
o
t
1.5
2
2,5
3
3.5
4
NATURAL
A V AlLABLE
!iTQRAGE
0,00
0,60
1.50
2.50
4.50
6.60
8,90
10,90
DEV.
AVAIL.
STORAGE
0.00
0.45
1.10
1.88
3,40
4.95
6,80
8,18
f\genda !tem No. 80
Nove:Tiber 13. 2007
lief 116
DAVIDSON
ENGINEERING
Davidson Engineering, Inc.
Project
Proj. #:
Calculated By:
Checked By:
HcllaRoll
;:\~sncia :tem No. 8D
j\Jovernber 13. 2:J07
rief1i6
DAVIDSON
ENCINEI3Rlr'-lG'
O~-()~OI
DEW
JLD
Water Management Design Calculations
Dclla Rosa Post-Dcvclopmcnt Conditions
Task #
Date:
Date:
23-Au~-06
24-Au~-06
Pervious Area= PTQject Area -Impervious Area
Pervious A1'ea~ 13,63 7.12
Pervious AJea=1 6.51 I Acres
1l) l'EAK ALLOWABLE IHSCHAIIGE
Q(AlIowa1J.lc)= D'S/Acre * Project Area
Q(AlIowable)~ 0.15 ' \3,63
Q(AlIowablcH 2,(14 ICFS
C) WATER OUALITY STORAGE VOLUME
1. First Inch ofRunoffCriterin:
Water Quality Vol,=
Water Quality Vol.=
Water Qu~lity Vol.=~
Project Area
13.63
I Ae-ft,
*
*
I in.'(lIVI2in.)
I in,*(lftJI2in,)
1.14
2.5 % Impervious Criteria:
a) Site Area= Project A..rca - (Lake + Conservation). Roof
Site Area= 13.63 4,00 1.45
Site Area= 8.18 Acres
b) Imp, Area= Site Area - Pervious Area
Imp, Arca= 8,18 6.51
Imp. Area~ 1.67 Acres
e) Vol. Stor, Req'd~ 2,5in, '( 1 ft/l2in.) * (Imp. Area/Site Area) * (Project Arca - Lake - Conselv,)
Vol. Stor, Req'd= 2,5 in,'(lftJI2in.)' 0.20 ' 9.63
Vol. Stor, Req'd=l 0.4] I Ae-ft,
Therefore, calculation # I controls and (1 wat(,..'r quality volume Df
1.14 ~Ac-ft must be detained on-site prior to discharge.
3. Maximum Dail)' Discharge:
Criteria: 1/2" per day
Q(Blced-Oown)=
Q(B1ced-Down)~
Q(Bleed-Down)-.'
{(0,5in./24hrs,)' (IlVI2in,) * (43560sf/acrc) '(lhr/3600s)) * (Project Area - Lake)
0,021 * 13.63 4,00
ICFS
0.20
4. Type of Detention Area
Actual Water Quality Volume Pl'Ovidcd= I 9.43
Water quality volume will stlll1 at Control Elevation:
Water quality volume will end at Control Elevation:
j Ac-fi,
t2,OO NGVD (ft)
14,80 NGVD (ft.)
D) SOIL STORAGE
Depth to Water Tahle ~
Soil Storage for pervious areas = Sd =
From SFWMD; Basis for Review, Volume IV
2.5
2,87
ft.
Inches
s= Site-Wide SoH Storage
S= Sd :+ (Pervious Arc.vProject Area)
S~ 2,87 '
S~I 1.37 llnehes
6.51
/
13.63
Agenda Item ~~o. 3D
t,ovember 13. 2007
Dge1140f116
DAVIDSON
ENGINEERING
E) MINIMUM FINISHED FLOOR F.LEVATION
I. Peak Stage from Cascades (iOO-year, 3-day, zero disclmrge):
Peak Stagc~ 13.66 NGVD (ft,)
2. FEMA Flood Zone: N/A
The flood hazard elevation is: N/A
3. i aD-year, 3-day, zero discharge calculations (SCS method)
t.day raillfal!= 8.50 Inches
3-day rainfall"" J-day rainfall '" 1.359
3 -day rainfall~ 8,50
3-day rainfall~ 11.55
,
1.359
Inches
Inches of Runoff~ (p-O.2S)^21(P" 0,8S)
Inches ofRulloff= 10.05 Inches
Volume ofRunnfF (I NI2in,) '(luches ofRunoll) '(Project ATea)
Vohlme ofRunoff= Iftll2in. '" 10,05
Volume of Runoff=1 0.00 ~ Ac-ft.
Therefore, using the CASCADE results a minimum finished iloor elevation
will be equ.l to or gre.ter th.n 13.66 NGVI) (ft,)
,
13.63
F) MINIMUM ROADS ELlW A'flON
1. Peak Stage from Cascade!> (25-ycar, 3-day):
Peak Stage~ 13.35 NGVD (fi,)
2. 25-year, 3-duy, zero discharge calculations (SCS method)
I-day rainfall= >l< Inches
]-day rai.jilll~ I-day rainfall' 1.359
3-day rainfall= 7.25
3-day I'aillfall~ 9,85
,
1.359
Inches
Inches of RunofF (P-O,2S)^2/(P+0,8S)
Inches of Runoff= &.38 Inches
Volume of RunofT= Oft/12m.) >I< (Inches of Runoff) .. (Project Area) - (Rlced~down 3.Day Volume Mlowcd ill Ac-Ft)
Volume of RunofF 8,38 , 1'/12" '13,63 1.20
Volome ofRunoff~1 8.31 I Ae-ft,
Therefore, using the CASCADE results H. minimum TOi1d elevation
will be approximately: 13.35 NGVD (ft,) (Minimum 2' above C.E, Controls)
G) PERCENT DJIlECTLY CONNECTED IMPERVIOUS AREA (DClAl
%DCIA= Imperyious Area I Project Area
%DCIA= 7,12 / ]3,63
%DCIA"';t 52.20/1)
H) CURVE NUMBER FOR l'ERVIOllS AREA
CN= 1000/(10+Sd)
CN~ 1000
CN~I 77.7
10.00
+
2,87
L.'1':-;r,ri~ !'on~ !\,.~ .QO'
'.'f~";-'Cl ,t~1 AI "~'.r.'"
i\!ovsrnber 13 L:u07
Dgef116
DAVIDSON
ENGINEeRING
[) DISCHARGE STRUCTURE
I, Bleed-Down Device 0.5' Orifice
At elevation= 12.00
Q(DischargeH 1.37
NGVD(ft,)
I CFS
NOTE: The exact discharge devices wiH be sized 111 the following section, Stonnwater Flood Routing,
.J) STORMWATER FI.OOD ROUTING
1, Flood routing for the system is accomplished through the use of Santa Barbara Urban Hydl'ograpll
method to generate the runoff hydrographs and through the AICPR
for mlllliple pond routing. 11le following pages nre the input and output for this drainage area.
DEPTH TO
WTR TABLE
o
1
1.5
2
2.5
3
3.5
4
NATUlW..
AVAILABLE
SHlRAQ&.
0,00
0,60
1.50
2.50
4,50
6.60
8.90
10.90
DEV,
AVAIL.
~TORAGE
0.00
0.45
1.10
1.88
3.40
4.95
6.80
8,18
Agenda Item ~~o. 80
f\Jovember 13. 2007
rja@Of116
DAVIDSON
ENGINEERING
Page ] of 1
COLLIER COUNTY
SOARD Of cour-:n COf>N.11~~SIC\NEPS
Item Number;
Item Summary;
8;:..
Dlscu~ S,.,.'!1 :;\' -',e GO,'HU IT1Einlbe' [ 10 u:ns,an 'jela"''',nq tile IPueas<' ;'lll"pacl ib'" lor
aj;,pf'(;,\"T"Cc-'V E. mon'.!',', iron", .i81,l'Glr-, :'80~ Tnls rE'Qu,"st or,o)"wte, f"om cClnsspono"~nct:
recE-I'v'",j "WVl'~~lJer ~ 2;;'07 h':Jrr. Trw ~J"'d\er l'la,"I'le ':;nim~t.wr or C;O!Y!rTl'y,'i ;'rfsident
M'Ct:8,,1 ;:,eacwr, 1';1> 'J8isy P';:'1V n8r18i;~ the ctinenl Slruggllll,' I:IUI'Clwg 'nCl~J"t,'v 8nd P1'0Vicli'-
'nc.c~tIV(.' illr!!"" CClir '; eu:,r:arn', (:>::rrrl!~,s<'m" Tl'm Hf'nn,ng'
Meeting Date:
1 'il. ,:;'O,~~ ;, C":.' (J';) ; <,'
Prepared By
Sam Tucker
E,.ecutiv<, Aidc 1'0 lh' see
Oat"
Bozrdcl Count\,
C0ll1mI5S'On!~r~,
E:CCUff<ce
1115!ZO()74:~DS) PM
Approved By
$uoFilson
E:Xf'CLHiv<e M~nagerlOHle 0:::,;
Date
Board of COUn1V
[JC:C()fh,~
11JGIZ007322PP,;
CommISSlOne.r~
Approved By
Jilrnc"V Mudi
Count",\',,,,,,,!:!e'
Datc
B[)~rd of SOUnl\,
CO""", t.'dnJ", "':, ~'!nn'
111G12rJ(l7 ~l, ~S ;'1,;
CommissiDnCr'>
-
file://C: \AgendaT est\Export\92- Novembcr'Yo20 13. %202007\09,o/020BOARD%200F%2(lCO ,. 1117/2007
,L,qenda item I\JO. 9A.
rJovember '13. 2007
.:.. 0,'::'
Serving all of Collier County
November 2, 2007
The Honorable Tom Henning
Board of Collier County Commissioners
3301 East Tamiami Trail .
Naples, FL., 34112
Dear Commissioner Henning,
The Board of Directors of The Greater Naples Chamber of Commerce
respe~tfully urges you and your fellow lawmakers to postpone for six months the
impact fee increase currently scheduled for January.
The Chamber believes a delay will greatly benefit the current struggling building
industry and provide incentive for the county's economy. Conversely, the
scheduled impact fee increase will place additional burdens on a challenged
market. The ripple effects of our stressed local economy have affected
businesses of all types in the community.
Your support for a six-month delay will be applauded enthusiastically across the
building and business communities and demonstrate insightful leadership at a
time wh it is needed most.
chae V. Reage
President & CEO
The Greater Naples Chamber of Commerce
539735 v_Ol \??oo00.0784
i\oenda Item l\Jo, 98
j'~-ovembet i 3, 2007
Page 1 of 15
EXECUTIVE SUMMARY
APPOINTMENT OF MEMBER(S) TO THE ENVIRONMENTAL ADVSIORY COUNCIL
OBJECTIVE: To appoint I member to fulfill the remainder of a vacant term, expiring on April
13,2010, to the Environmental Advisory Council.
CONSIDERATIONS: This 9 member (plus 2 alternate members) council acts in an advisory
capacity to the Board in matters dealing with the regulation, control, management, use or
exploitation of any or all natural resources within the County, and the review of all land
development petitions which require an environmental impact statement (EIS) per section
10.02.02 A of the Code, all developments of regional impact (DRI), lands with special treatment
(ST) or Area of Critical State Concern! Special Treatment zoning overlays, areas ofthe county
covered by interlocal agreements. any petitions which cannot be resolved between the applicant
and staff. The membership will include technical and non-technical members. Technical
members shall demonstrate evidence of expertise in one or more of the following areas related to
environmental protection and natural resources management: Air Quality, Biology (including
any of the sub-disciplines such as botany. ecology, zoology, etc.), Coastal Processes, and
Estuarine Processes, Hazardous Waste. Hydrogeology, Hydrology, Hydraulics, Land Use Law,
Land Use Planning. Pollution Control, Solid Waste, Stormwater Management, Water Resources,
Wildlife Management, or other representative areas deemed appropriate by the Board such as,
but not limited to. a representative of the development community. Altemate EAC members will
be requested to attend meetings when regular EAC members have notified staff that they will be
absent. Altemate members will participate in discussions and vote when replacing a regular
member. Altemate members must be technical members that can demonstrate expertise in
environmental protection and natural resource management. Terms are 4 years. A list of the
current membership is included in the backup.
Mr. William W. Hill (Technical) resigned on August 10,2007. A press release was issued and
resumes were received from the following 2 interested citizens:
APPLICANT
CATEGORY
DIST ELECTOR ADV. COMM.
Allison Delainc Mcgrath Technical 5 Yes Nonc
David Edward Bishot' Technical 2 Yes EAC ALTERNATE
currently Alternate- Lake Trafford Restoration Task
aoolyine: for Regular Force
ATTENDANCE: David Edward Bishof- Was asked to attend 4 meetings - attended all 4
COMMITTEE RECOMMENDA nON: Quasi-.ludicial- no recommendation
NOTE: If Mr. Bishof is appointed as a regular member with the term expiring on April II,
2010, the Board may wish appoint Ms. Megraph to fulfill the remainder ofMr. Bishofs teml as
an Altemate Member with the term expiring on April 13, 20 II.
'.'~'"
FISCAL IMPACT: NONE
A;:enda Ite,T', I\jo. gEl
l'JC;VB,Twe:" ;2. ::O:OC;"
F'age- ::: of 15
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDA TION: That the Board of County Commissioners consider the
recommendation for appointment, appoint 2 members, and direct the County Attorney to prepare
a resolution confirn1ing thc appointments,
Prepared By: Sue Filson. Executive Manager
Board of County Commissioners
Agenda Date: NOVEMBER 13, 2007
Page] or I
(1H) "," iJ(
li,-,I,--'1';,>
F L" 1:'
COLLIER COUNTY
80M::': or caur;!Y COMrilISSIONEP.S
Item Number:
';8
Item Summary:
Meeting Date:
".cpoH"lmenl ()~1'1Hr:;je' to thi" E_r--'I!Tl!1'-!""'lWI ;'"lV' ;Gr--, ::':ouri';j,
'-,M
Prepared By
S\lcF:iH;on
t:~Ccul,vC M~n"?er I') tthl 8C':.'
!)at<
8oardo!Coumy
CommISS'0I)er~
nSC:)ftIC"
AJlJlrllved By
James v_ Mud~
Co,mtvl;',anaqec
DJte
boardofCounly
County MJnager's OH,e,-
1111120075:12Pt/
CommisslOrwr~
fi1e://C:\AgendaT est\Export\92w Novem her%20 13,%202007\09 .%20BOARD%200F%20CO.. 1 ] n 12007
,.6.;=911::-12 :I2ml\G. 9S
hlO\.'9tT,be:- -1:::, 20CJ;
f='S'::';2 L of 15
@ Memorandum
To: Sue Filson, Executive Manager, BCC
From: Summer Araque, Senior Environmental Specialist - Environmental Services
Department
Cc: Barbara Burgeson and Susan Mason, Environmental Services Dept.
Date: October 18, 2007
Subject: EAC applications
Environmental staff has reviewed two applications for the vacant EAC position, The
following applicants are proposed to fill one full time vacant position.
Allison Delaine Megrath is a qualified technical applicant. She currently owns and operates
Land Planning Solutions, a land use planning firm in Naples, She previously worked at Wilson
Miller in Rural Land Stewardship Business Unit from 2005-2007, Ms. Magrath has over 14
years experience in professional planning and zoning in both the public and private sectors.
She has worked as a land use manager for DiVosta Homes, local govemment in North
Carolina, the private sector as a professional planner, and for the City of West Palm Beach as a
planner. She is a member of the American Institute of Certified Planner (AICP), the American
Farmland Trust, U.S, Green Building Council, and is currently seeking to be a LEED Accredited
Professional. She has also worked on three Rural Land Stewardship Programs in Florida.
David Bishof is a qualified technical applicant. Mr. Bishof currently works as an
Environmental Consultant for Consul-Tech Development Services, a company that
submits projects to CDES on a regular basis. Mr. Bishof will have to excuse himself
from participating in any manner (including presenting, participating in the discussion
and voting) on projects submitted by Consul-Tech. Mr. Bishof has been an alternate
EAC member since June 2007. He has been requested to fill the place of an absent
member four times and has been present all four times,
Mr. Bishof has over 30 years experience as an environmental biologist performing
habitat assessments, habitat restoration, impact assessment, wildlife surveys, water
quality studies, environmental rule development, and environmental monitoring. Mr.
Bishof has a Bachelor of Science in Biology from Florida State University and a Master
of Science in Marine Science from the University of South Florida, He is also a
Certified Professional Wetland Scientist.
Call me at 530-6290 if you have any questions. Thank you very much.
Environmental Services Department
Commnnity Development & Environmental Services Division
F.9snaa ilem 1'~G. 98
November ~13. 2007
5 of 1:;
Environmental Advisory Council
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. Richard W. Miller 03/13/07
6067 Fairway Court 594-8640
Naples, FL 34110
E-Mail: RWMCnsltg@aol.com
District: 2
Category: Technical- Science; engineering geology
04113/1 0
3 Years
Ms. Judith M. Hushon
1659 Chinaberry Court
Naples, FL 34105
E-Mail: judyhushon@aol.com
District: 4
Category: Technical - Biology
04/13/04
04113108
4 Years
643-6222
Mr. Nick Penniman 04112/05 04113109 4 Years
611 Portside Drive 261-7292
Naples, FL 34103
E-Mail: ngpn@aol.com
District: 4
Category: Technical-Environmental
(;1,Ct
Mr. William W. Hill (-eS'- ,<""\~ -1 11/29/05 0411311 0 4+ Years
5928 Cranbrook Way, D205 g" I'D ,D 774-4412
Naples, FL 34112
E-Mail: billhill44@aol.com
District: I
Category: Technical - Professional Engineer
Mr. Roger Jacobsen 213-7121 01109/07 04/13/11 4 Years
146 San Salvador Street 642-9618
Naples, FL 34113
E-Mail: rjacobsen@naplesgov.com
District: I
Category: Non-Technical
-/ .." :"~~:t'.,'y,,,,,-"',:,.
Wednesday, June 13, 2007 Page I of3
Environmental Advisory Council
Name
Work Phone
Home Phone
Appt'd
DateRe-appt
Exp. Date
2ndExpDate
!tern i\~::-). 98
~? 2007
6 of ~ 5
Term
2nd Term
Mr. William W. Hughes 435-1188 04/13/03
4501 Rosea Court 435-3923 04/24/07
Naples, FL 34104
E-Mail: YvonneHughes@comcast.net
District: 4
Category: Technical-Water Treatment & Hazardous Waste
Mr. Llewellyn Williams, Ph.D.
3824 Jasmine Lake Ct. 592-9852
Naples, FL 34119
E-Mail: vegasllewell@comcast.net
District: 3
Category: Technical-Environmental Scientist
04/24/07
Mr. Michael V. Sorrell 353-5932
2335 Wilson Boulevard, N. 571-7781
Naples, FL 34120
E-Mail:
District: 5
Category: Non-Technical - Owner Lawn Service
06/11102
04/24/07
Mr. Lee Horn 287-5044 01/11105
2225 Malibu Lake Circle, #621 287-5044
Naples,FL 34119
E-Mail: sportslem@aol.com
District: 3
CategolJ': Non-Technical - Business Finance and Marketing
Mr. David Bishof 340-0593 04/24/07
9672 Litchfield Lane 566-1251
Naples, FL 34109
E-Mail: dbishof@cte.cc
District: 2
Category: Technical - AL TERNA TE
Wednesday, June 13, 2007
Page 2 of3
04/13/07
04/13/11
04/13/09
04/13/03
04/13/11
04/13/08
04/13/11
4 Years
4 Years
2 Years
10 Mos.
4 Years
3 Years
4 Years
Apenoa Iter, r\jo. 98
November i 2, 2007
;:\ag87 at I:::
Environmental Advisory Council
Name
Work Phone
Home Phone
App/'d Exp. Da/e
Da/eRe-app/ 2ndExpDa/e
Term
2nd Term
Mr. Mark Fenton
3085 Windsong Court, #903
Naples, FL 34109
E-Mail: fentonbiz@earthlink.net
District: 2
Category: ALTERNATE - Technical
591-3978
591-3978
06/12/07
04113/11
4 Years
This 9 member council acts in an advisory capacity to the Board in matters dealing with the
regulation, control, management, use or exploitation of any or all natural resources within the
County, and the review of all land development petitions which require an environmental impact
statement (EIS) per section 10.02.02 A of the Code, all developments of regional impact (DRI),
lands with special treatment (ST) or Area of Critical State Conceml Special Treatment zoning
overlays, areas of the county covered by interlocal agreements, any petitions which cannot be
resolved between the applicant and staff. The Board should consider a membership guideline of
six (6) technical and three (3) non-technical members. Technical members shall demonstrate
evidence of expertise in one or more of the following areas related to environmental protection
and nalural resources management: Air Quality, Biology (including any of the sub disciplines
such as botany, ecology, zoology, etc.), Coastal Processes, Estuarine Processes. Hazardous
Waste, Hydrogeology, Hydrology, Hydraulics, Land Use Law, Land Use Planning, Pollution
Control, Solid Waste, Stonnwater Management, Water Resources, Wildlife Management, or
other representative areas deemed appropriate by the Board such as, but not limited to, a
representative of the development community, This is a Quasi-Judicial Committee, After initial
appointments, tenns are 4 years,
On December 14, 2006, the BCC approved Ord. No, 2006-63 adding 2 Altemate positions to the
EAC, Alternate members will participate in discussions and vote when replacing a regular
member. Altemate members must be technical members that can demonstrate expertise in
environmental protection and natural resource management. Terms are 4 years,
FLSTAT:
Staff: Summer Brown Araque, Senior Environmental Specialist: 530-6290
'-I
U7ednesd~v.June13.2007
Page 3 of3
IlE-m ~\i~',. 98
!.r:>."~:-" ~
- r',r\7
F>aa~~ ,~~ ::Jf -: 5
MEMORANDUM
DATE: September ]0, 2007
DC:
", ,
i....
~;::~D
TO: E]ections Office
i',U:jf\~ ','"
I
FROM: Sue Fi]son, 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.
ENVIRONMENTAL ADVISORY COUNCIL
COMMISSION DISTRICT
Allison Delaine Megrath
4290 ]4th Street, N.E.
Naples, FL 34120
.5
David Edward Bishof
9672 Litchfield Lane
Naples, FL 34109
~
Thank you for your help.
filson_s
Page 1 of1
?,9E:mcja il8,n l\fC. 98
NovernDer- 13, 2007
Page 9 of 15
From: BrownAraqueSummer
Sent: Tuesday, August 07,20079:03 AM
To: filson_s
Subject: Alternate Members
Sue,
I talked with Bill Lorenz and Susan Mason about our discussion on Fnday regarding 8.06.04 of the LOC (Ord 06-63). They
advised their Intent was to only have alternates at meetings when regular members are absent. In addition it was noted that the
County Attorney's office reviewed the LOC amendment to add the language. I will advise Assistant County Attorney Jeff Wnght of
the discrepancy and ask for him to discuss with hiS office as how to move forward.
Please do not worry about responding or dealing With this question until after you get back from vacation
Regards,
SU111111C r 'B,'lri.WU,'
SenIor EnVironmental SoeclalistlEAC lialsor.
Collier County Environmental Services Department
2800 N Horseshoe Dr.
Naples, FL 34104
Phone: 239-530-6290
My Desk Fax: 239-530-6719
9/4/2007
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~ C "'3'. ';~~ Ci" GOC
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impact (DR!); lands with special treatment (ST) or area of critical state
concern/special treatment (ACSC/ST) z.oning overlays; or any petition for
which environmental issues cannot be resolved between the applicant and
staff and which is requested by either party to be heard by the EAC. The EAC
shall also review any petition which requires approval of the Collier County
Planning Commission (Cepe) or the board of county commissioners (BCC)
where staff receives a request from the chairman of the EAC. cepe or the
BCe for that petition to be reviewed by the EAC.
1. Any petitioner may request a waiver to the EAC hearing requirement,
when the following considerations are met: 1) no protected species or
wetland impacts are Identified on the site; 2) an E1S waiver has been
administratively granted; 3) ST zoning is present and an administrative
approval has been granted; or 4) an EIS was previously completed and
reviewed by staff and heard by a predecessor environmental board, and
that E1S is less than five years old (or if older than five years, has been
updated within six months of submittal) and the master plan for the site
does not show greater impacts to the previously designated preservation
areas.
2. The suriace water management aspects of any petition, that is or will be
reviewed and permitted by South Florida Water Management District
(SFWMD), are exempt from review by the EAC exc80t to evaluate the
criteria for allowino treated stormwater to be discharaed in Preserves as
allowed in section 3.05.07
SUBSECTION 3. LL. AMENDMENTS TO SECTION 8.06.04 Membership
SECTION 8.0604 Membership, 01 Ordinance 04-41 as amended, the Collier County Land
Development Code, is hereby amended to read as follows
8.06.04 Membership
A. Appointment. Nine (9) reQular members and 2 alternate members of the EAC
shall be appointed by, and serve at the pleasure of, the BCC. Alternate
members will be reauested to attend meetinas when reQular members have
notified staff that thev will be absent. Alternate members will osrticioate in
discussions and vote when reolacina a reQular member. Appointment to Ihe
EAC shall be by resolution of the Bce and shall set forth the date of
appointment and the term of office. Each appointment shall be for a term of
~ 41 years. Terms shall be staggered so that no more than a minority of
such members' appointments will expire in anyone year,
B Vacancies. Vacancies on the EAC shall be publicized in a publication of
general circulation within the County, and vacancy notices shall be posted in
the County libraries and County courthouse
C. Qualifications. Members shall be permanent residents and electors of the
County and should be reputable and active in community service. The primary
consideration In appointing EAC members shall be to provide the BCe with
technical expertise and other viewpoints that are necessary to effectively
accomplish the EAC's purpose. In appointing members, the BCe should
consider a membership guideline of ~ 6 -1 technical reaular members and
~ 3 -1 non~technical reoular members, and 2 technical alternate members
Technical members shall demonstrate evidence of expertise in one(1) or
more of the following areas related 10 environmental protection and natural
resources management: air quality, biology (including any of the sub-
disciplines such as botany, ecology, zoology, etc.), coastal processes,
estuarine processes, hazardous waste hydrogeology, hydrology,
hydraulics, land use law, land use planning, pollution control, solid waste
stormwater management, water resources, wildlife management, or other
representative area deemed appropriate by the BeC.
Words 51f'w':" IlufUgh an:: deleted, w(lrd~ underlined are added
L.oc, orel ~<<'O".....s
,;l -/4-'" 0"
SUBSECTION 3. MM. ADDITION OF SECTION 8.06.10 Appeal
Page 77 of 97
MEMORANDUM
,il,oenda !tem ~,j[i. 95
t~ovemb8r '13, 2007
Pa9~:; 11 of 15
DATE:
September 10, 2007
TO:
Summer Brown-Arnque, seniorJn . onmental Specialist
Sue Filson, Executive Manager '
Board of County Commissione
,
FROM:
RE:
Environmental Advisory Council
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:
Allison Delaine Megrath
4290 14th Street, N.E.
Naples, FL 34120
David Edward Bishof
9672 Litchfield Lane
Naples, FL 34109
Please let me know, in writing within the 41 day time-frame, if the applicants are qualified to
serve as members on the board, and I will prepare an executive summary for the Board's
consideration.
Please include in your return memo the attendance records of the applicants recommended for
reappointment.
Please categorize the applicants in areas of expertise. If you have any questions, please call me
at 774-8097.
Thank you for your attention to this matter.
SF
Attachments
Advisory Board Application
Page 1 of2
It()P, !\)e, 95
"'1('-
filson_s
~-'G;:;S 1."::' or ,:)
From: amegrath@landplanningsolutions,us
.t: Sunday, September 02, 2007 5:00 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: 91212007 5:00:29 PM.
Name: !Allison Delaine Megrath! Home Phone: 1239-455-51541
Home Address: ~290-14th Street NEI
City: \Naplesl Zip Code: ~41201
Phone Numbers
Fax: I Business: 1239-304-683~
. e-Mail Address: lamegrath(U}landplanningsolutions.u~
Work Place: !Land Planning Solutions, Inc.1
How lon~ have you lived in Collier County: ~
Have you ever been convicted of any offense a~ainst the law? ~
Are you a registered voter in Collier County? ~
Board / Committee Applied for: !Environmental Advisory Counci~
Category: ~echnical - Land Use Planne~
Do you currently hold public offfice? ~
Do you currently or ever served on 11 Collier County Board or Committee? ~
. Please list our communi activities:
2007-2009 Chair Promised Lands Section of Florida Chapter of American Planning Association-
004-2007 Vice Chair Promised Lands Section of Florida Chapter of American Planning Association
2006 Florida Delegate at National American Planning Association Conference in San Antonio,
exas - 2007-2008 Middle School Elective Lecturer on City Planning Course at Christ Community
9/4/2007
Advisory Board Application Page 2 of 2
P;o!.:'rlr,~' iplil i,in 9P
utheran School - 2006-2008 PTO Liaison to the Board of Directors ~for Christ Comm\mi~buth '007
School - 2005-2006 Sunda School teach at Vanderbilt Presb rian Church Page 13 f: 5
Education:
. 11993 - University of Toronto, Bachelor of Arts (Hons.) - Urban Studie~
Ex erience:
over 14 years of all aspects of professional planning and wning experience in both public and
rivate sectors - currently own/operate land use planning firm in Naples, Land Planning Solutions
ince March 2007 - previously worked at WilsonMiller, Naples, in Rural Land Stewardship Business
nit 2005-2007 - land use manager for DiVosta Homes 2004-2005 - worked in North Carolina 2002-
004 for local government - owned/operated own land use planning fIrm in West Palm Beach 2000-
002 - worked for private sector as a professional planner 1997-2000 - worked for City of West Palm
each as a planner 1995-1997 - member of American Institute of Certified Planners (AlCP) - member
f American Farmland Trust - member of U.S. Green Building Council and seeking to be a LEED
ccredited Professional- member of Highlands County Citrus Growers Association - worked on thr
3 Rural Land Stewardshi Pro ams in Florida
.
-.
9/4/2007
Advisory Board Application
filson_s
Page I of2
,.'i,:.::e;'lGCi iif:rr: i'~c. 96
f-J'oV8r1mer 13, 2007
P~lge 14 of 15
Sent:
.
From: dbishof@cte.cc
Thursday, August 02,20073:09 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: 8/2/2007 3:08:56 PM.
Name: !David Edward Bisho~ Home Phone: k239)566 I 25 II
Home Address: 19672 Litchfield Lanel
City: !Naplesl Zip Code: ~41091
Phone Numbers
Fax: 1947-13231 Business: 1947-o26~
.
e-Mail Address:~bishof(a)cte.ccl
Work Place: jconsulTech Development Services. Inc.1
How lon2 have you lived in Collier County: []
Have you ever been convicted of any offense a2ainst the law? ~
Are you a registered voter in Collier County? ~
Board / Committee Applied for: !Environmental Advisory Councill
Category: !Regular currently I am an alternate membeq
Do you currently hold public offfice? ~
am currently an alternate member of the Environmental Advisory Council and a regular member of
e Lake Trafford Task Force.
Do you currently or ever served on a Collier County Board or Committee? IYe~
.
Please list vour communi activities:
n addition to serving on the Collier County Environmental Advisory Council I am a member of the
ational Association of Environmental Professionals. the Florida Association of Environmental
rofessionals and the Society of Wetland Scientist.
8/2/2007
Advisory Board Application
.
.
.
8/2/2007
Page 2 of2
!\~Hc.n'~r, Ite>'" l,iO 98
r~~verriDe>- 'i ~~. 20D?
Education: Page 15 of 15
achelor of Science - Florida State University College of Arts and Sciences, Major-Biology, Minor
hemistry Master of Science - University of South Florida, College of Natural Sciences, Biological
ceano h
Ex erience:
onsul- Tech Development Services, Inc. 2003 - Director of Environmental Services - Horner
nvironmental Professionals 1997 - 2003: Ecologist - Southwest Florida Water Management Distric
1992- 1997: Environmental Scientist - Collier County Environmental Services 1990 - 1992:
nvironmental Specialist - Florida Department of Environmental Regulation 1980- 1990: Biological
Scientist; Environmental Specialist Florida Department of Natural Resources 1979-1980 Research
ssistant Professional Certification - Professional Wetland Scientist - Society of Wetland Scientists I
ave been involved with the environmental impacts ofland development and related activities in
lorida for a roximatel 30 ears in both the ublic and rivate sectors
EXECUTIVE SUMMARY
Aqenda Item r~o. 9C
Novemoer n 2007
Page 1 of6
RECOMMENDATION TO DECLARE VACANCIES ON THE IMMOKALEE MASTER
PLAN AND VISIONING COMMITTEE
OBJECTIVE: To declare 2 vacancies on the lmmokalee Master Plan and Visioning Committee and
direct staff to issue a press release soliciting resumes in an effort to fill the vacant position.
CONSIDERATIONS: Ordinance No. 2001-55, Section 8, reads as follows: "It is the intent and
strong desire of the Commission that there be full attendance of advisory Board members at all
meetings of the Boards, recognizing, however, that it may be necessary for Board members to be
absent from a meeting due to unusual or emergency circumstances. Nevertheless, full attendance at
Board meetings is encouraged and necessary for the proper operation of the Boards and in
fUl1herance thereof the following requirements are established: A. Any Board member who is absent
for more than one-half of the Board's meetings in a given fiscal year shall be deemed to have
tendered his or her resignation for such Board. The Commission shall, as soon as practicable after
such resignation, declare the position to be vacant and shall promptly fill same pursuant to the
provisions of Section Six herein. The Board member shall not serve at any meetings after his or her
position is declared vacant by the Commission. B. In the event that any Board member is absent
from two consecutive Board meetings without a satisfactory excuse acceptable to the Board
chairman, the Board chairman shall state such fact at the next regularly scheduled Board meeting and
shall thereafter notify, in writing, the Executive Manager to the Commission of the Board member's
failure to attend without satisfactory excuse. The Commission shall review the Board Chairman's
notification at a Commission meeting and shall declare tl1e Board member's position to be vacant if
the Commission concurs that the Board member was absent from two consecutive Board meetings
without a satisfactory cxcuse and shall promptly fill same pursuant to the provisions of Section Six
herein. The Board membcr shall not serve at any meetings after his or her position is declared
vacant. C. A member of a Board shall be deemed absent from a mecting when he or she is not
present during at least 75% of the meetings.
Attached is a memorandum from the Chaim1an of the committee requesting that the Board of County
Commissioners declare 2 vacancies on the committee and direct staff to advertise to fill the
vacanCIes.
. Leo F. Rodgers -. missed 9 out of 13 meetings
. William R. O'Neill- missed 7 out of 13 meetings
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDA nON: That the Board of County Commissioners consider the recommendation to
declare 2 vacancies on the Immokalee Master Plan and Visioning Committee and direct staff to issue
a press release so liciting new members. It is also recommended that the Board of County
Commissioners direct the County Attomey to prep arc a resolution declaring the positions vacant.
Prepared By:
Sue Filson, Executive Manager
Board of County Commissioners
Date:
NOVEMBER 13, 2007
Page 1 of 1
ii, 1.)(
~':I'Y
COLLIER COUNTY
BOArm OF COUNTY CQlMdISSiON",RS
Item Number:
Item Summary:
';"~'~~rnrT1l''ld"ti(Jr;' (jE';clmi);: v'aCc1'~[leC; Orllhc Immokill"'i' L'Jiosle'- F'<iJ'1 d'l'; ".jk;,OnlilG
>:nln,n,;'f
Meeting Date:
;~'JJ . S C' .'; LA
PrtPllred By
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t:XCc.WIV(', r,;mu:Jcrtc' tiN BCf.'
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8CCOlfiGr
Appnl\'ed By
Jtme,;\l MUdd
Count',' Mantper
Uate
B""rd of County
Commis"oners
COl1r.~" Manauers Of!ICf'
1(),'311:'D071c4JPM
file://C:\Agenda T est\Export\92- Novembero/020 13,'V0202007\09. %20BOARD%200F%20CO.. 11/7/2007
iten" !'.jc. 9;:::;
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2; of to
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Memorandum
To:
Sue Filson, Executive Manager, BCC
From:
Fred N. Thomas, Chair, Immokalee Master Plan and Visioning
Committee
Date:
October 19, 2007
RE:
Immokalee Master Plan and Visioning Committee (IMPVC) Request
Declaration of Vacancies
On October 17,2006, the IMPVC, after review of attendance records of its members for
the past year, unanimously requested that the Board of County Commissioners declare
the positions currently held by William O'Neill and Leo Rodgers as vacant and be filled
in accordance with Ordinance No. 2001-55. Mr. Rodgers missed 9 meetings and Mr.
O'Neill missed 7 meetings out of a total of 13 meetings held.
In a related matter, it is anticipated that there will be an Ordinance before the BCC on
November 13 to extend the dissolution date of the IMPV from December 31, 2007 to
December 31,2009.
Please let me know if you have any questions.
Aae:1Jc; Itern l~o. 9C
~~~ovember 12. 2007
4 of 6
Immokalee Master Plan and Visioning Committee
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Ms. Esmeralda Serrata 657-3649 11I16/04 12/31107 3 Years
603 Nassau Street, Apt. 4 ~re! 657-5838
lmmokalee, FL 34142 r~~ 1,01
E-Mail: cchafl@aol.com
District: 5
Category: Resident and Employed in lmmokalee
Mr. Floyd Crews 657-5359 01111105 12/31/07 3 Years
5214 Lake Lane 657-2370
lmmokalee, FL 34142
E-Mail:
District: 5
Category: Resident & Employed in Immokalee
Mr. Clarence S. Tears, Jr. 597-1505 11I16/04 12/31107 3 Years
320 Lambton Lane 348-1356
Naples, FL 34104
E-Mail: ctearsjr@sfwmd.gov
District: 3
Category: Employed in Immokalee
Mr. Richard 1. Heers 229-9970 01111105 12/31107 3 Years
507 North 18th Street 657-4524
lmmokalee, FL 34142
E-Mail: rkheers2u@aoLcom
District: 5
Category: Resident & Employed in Immokalee
Mr. Richard Rice 503-5112 11-15-05 12/31107 2 Years
1167 Serenity Way 657-6626
Immokalee, FL 34142
E-Mail: marandie@eartblink.net
District: 5
Category: Resident in Regulatory Area
't.:... ;"';'i.';-":' T."~.;,_:'~=;:::O.oy - -::'7"'''.',=.-,,-,,,--,,~,,- '_..~~,,:., -.-~r.5_,-~" -'__Cl:\'.'O;"";C'O~J,...::;;':,;'t~W".,;{j\',':,-::. ,<..
Thursday, July 27, 2006 Page I of 3
Immokalee Master Plan and Visioning Committee
Name
Work Phone
Home Phone
Appt'd
DateRe-appt
Exp. Date
2ndExpDate
Term
2nd Term
item I\jo. 3C
:~:: :~OC'i
Page 5 of 6
Mr. Leo F. Rodgers 707-4829 11116/04
11 0 I Momoe Street 657-3601
lmmokalee, FL 34142
E-Mail: ifdfm30@earthlink.net
District: 5
Category: Resident and Employed in lmmoka1ee
Mr. FredN. Thomas, Jr. 657-8181 11/16/04
1205 Orchid Avenue 657-8181
lmmokalee, FL 34142
E-Mail: fntjr@aoLcom
District: 5
Category: lmmokalee Resident & Business Owner
J
I
Mr. Raymond T. Holland 652-3171 11/16/04
P.O. Box 5325 657-4568
Immokalee, FL 34143
E-Mail: RHolland@Floridacommunitybank.net
District: 5
Category: Resident and Employed in lmmokalee
Mr. Edward (Ski) R. Olesky 657-2401 11/16/04
6001 Lake Trafford 657-2401
Immokalee, FL 34142
E-Mail: laketrafford@earthlink.net
District: 5
Category: lmmokalee Resident & Business Owner
Mr. William R. Oneill 649-2722 07/25/06
2433 Ravenna Boulevard, #202 591-2085
Naples, FL 34109
E-Mail: woneill@ralaw.com
Diftrict: 2
Category: Business Owner within Regulatory Area
.~~. ..
Thursday, July 27, 2006
Page 2 of3
12/31/07
12/31/07
12/31/07
12/31/07
12/31/07
3 Years
3 Years
3 Years
3 Years
1.5 Years
Aosnoo ilem I'~::}. 9C
f'~oveITii)e~' 13 2007
Page 6 oi 6
Immokalee Master Plan and Visioning Committee
Name
Work Phone
Home Phone
Appt'd
DateRe-appt
Exp. Date
2ndExpDate
Term
2nd Term
The Immokalee Master Plan and Visioning Committee was created on September 28, 2004, by
Ordinance No. 2004-62. This 10 member committee will assist in the development of any
necessary Requests for Proposals for consulting services; assist in the review of general
planning matters related to the Immokalee Community; provide the BCC recommendations
regarding roads, economic incentives, affordable housing, improvement to Immokalee Airport;
and, assist in the review and updating of the Immokalee Area Master Plan. Membership shall
consist of a broad base of citizens and business owners in the regulatory area of the Immokalee
Area Master Plan. The term of the Committee will expire at the conclusion of ITS services to staff
or upon adoption of the 2007 cycle of the Growth Management Plan amendments of the
Immokalee Area Master Plan, whichever is earlier and shall not be later than December 31, 2007.
FLSTAT
Staff: Tom Greenwood, Principal Planner: 403-2323
Thursday, July 27, 2006
Page3 of 3
EXECUTIVE SUMMARY
6,qeiid2 Item [\la. 90
IJovernt1er '13. 2007
Page 1 of 9
APPOINTMENT OF MEMBER(S) TO THE COLLIER COUNTY PLANNING
COMMISSION
OBJECTIVE: To confirm the appointment and set the term for the representative of the Collier
County School Board to the Collier County Planning Commission.
CONSIDERA nONS: The Collier County Planning Commission had] term expire on
October 1,2007, representing the Collier County School Board. This 9 member committee
assists in the formulation and review of the Comprehensive Land Use Plan, Land Development
Code, and amendments to both, and then submits their recommendations to the Board for final
decision. In 2003, the Board of County Commissioners amended the LDC to include a non-
voting member of the School Board. Members are required to file a Form I, Statement of
Financial Interest each year with the Supervisor of Elections. Terms are 4 years. A list of the
current membership is included in the backup.
The term for Amy Taylor, representing the Collier County School Board expired on October 1,
2007.
A letter was received from Dr. Rozalyne P. Puryear, Executive Assistant to the Superintendent,
advising that the Collier County School Board appointed:
. Thomas Eastman, Director of the Real Property & Asset Management
Mr. Eastman's tenn will expire on October 1,20)]
ATTENDANCE: NIA
COMMITTEE RECOMMENDATION: NIA
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDA T10N: That thc Board of County Commissioners consider the
recommendation for appointment, confirm the appointment of I member representing the Collier
County School Board, and direct the County Attorney to prepare a resolution confimling the
appointments.
Prepared By: Sue Filson, Executive Managcr
Board of County Commissioners
Agenda Date: NOVEMBER 13, 2007
r\(191"'(;;' I!"!) r~'~" 9D
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COLLIER COUNTY
E:OARfJ O!C ::::OUNTY COMMISSIONERS
Item Number:
Item Summary:
Meeting Date:
,[;
iinrdtICI\^" ,1prolntrnent'o !f\iO (;(}lller COU1;\' P:3111111g :::"ornrrhss:oll
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[jllte
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OFFICE OF THE EXECUTIVE ASSISTANT
TO THE SUPERINTENDENT
5775 Osceola Trail
Naples, Florida 34109-09t9
(239) 377-0220
(239) 377-0226 FAX
October 26, 2007
Memorandum
TO: Joseph K. Schmitt, County Development Services Administrator
FR: Dr. Rozalyne P. Puryear
Executive Assistant to the Superintendent
RE: School Board's Appointee to the Collier County Planning Commission
Please be advised that, during the September 20, 2007 Regular School Board Meeting, the
Collier County School Board approved the appointment of Thomas Eastman, Director of Real
Property and Asset Management, as the school district's representative to the Collier County
Planning Commission. We are certain that Mr. Eastman will be an asset to the Commission.
If we can be of further assistance, please do not hesitate to call.
Cc: Dr. Dennis L. Thompson, Superintendent
Michele LaBute, Chief Operations Officer
Tom Eastman, Director of Real Property and Asset Management
COLLIER COUNTY CHARACTER EDUCATION TRAITS
Citizenship Cooperation Honesty Kindness Patriotism Perseverance
Respect Responsibility Self Control Tolerance
THE COU.IER COl;NTY PIJBLlC SCHOOL SYSTEM [S AN EQUAL ACCESS/EQUAL OPPORTUNITY INSTITUTiON FOR EDUCATION AND EMPLOYMENT
Aoenu::i irenl No. 9D
No\/ernbe.' 13. 2007
Pegs.4 of 9
REGULAR SCHOOL BOARD MEETING
SEPTEMBER 20, 2007 - 2:00 P.M.
DR. MARTIN LUTHER KING, JR. ADMINISTRATIVE CENTER
5775 OSCEOLA TRAIL - NAPLES, FL 34109
September 20, 2007 - Regular Board Meeting
Agenda Item #29
Title
Appointment of District Representative to the Collier County Planning
Commission
Florida Statute
163.3174
Federal Statute
School Board Policy
Item TYpe
Action Requested
Action Type
-1
Executive Summary
The purpose of this memorandum is to seek the Board's approval of a
School District representative to serve as a non-voting member on the
Collier County Planning Commission (CCPC). The Board's approval is
required by Florida Statutes.
The role of the Collier County Planning Commission (CCPC) is to review
item !~c'. 3D
i';C)VS:l:::OS:":::',2'XI--;
Page S of S~
REGULAR SCHOOL BOARD MEETING
SEPTEMBER 20, 2007 - 2:00 P.M.
DR. MARTIN LUTHER KING, JR. ADMINISTRATIVE CENTER
5775 OSCEOLA TRAIL - NAPLES, FL 34109
and provide recommendations on land development proposals to the
Collier County Board of County Commissioners. The School Board's
representative will be responsible for describing the impact of proposed
residential development on existing and planned school capacity and
reporting this information to the Collier County Planning Commission.
The term of the appointment is for three years. The Director of Real
Property & Asset Management is responsible for all intergovernmental
coordination and related land planning issues.
Leaal Aooroval
N/A
Recommendation
Staff recommends the Board approve the appointment of the Director of
Real Property & Asset Management as the District Representative to the
Collier County Planning Commission.
District Priority/Belief
Belief #1: Students are our number one priority and their needs are the
focus of all district decisions.
Contact
Alvah Hardy II, Executive Director Facilities Management, 377-0242.
Financial Impact
N/A
Budgeted
N/A
L',o0njs, Ilem Ill;:::'. 9D
rJDvemt)Sr i 3. 2007
Page 6 of 9
Recurring Costs
NjA
REGULAR SCHOOL BOARD MEETING
SEPTEMBER 20, 2007 - 2:00 P.M.
DR. MARTIN LUTHER KING, JR. ADMINISTRATIVE CENTER
5775 OSCEOLA TRAIL - NAPLES, FL 34109
Collier County Planning Commission
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
;.,....
.. ,~~.'.
'-)n",~
-
:c:::!~.j --:/ '::/~'
Mr. Robert P. Murray 09/10/03
9087 Michael Circle, #1 417-9915 09/25107
Naples, FL 34113
E-Mail: bobsails@embarqmaiJ.net
District: 1
Category: Commission District
/1#1
Mr. Russell Tuff \fJ(, ,01 213.{)077 09/27/05
5101 31st Avenue, S.W. I()' r/f, 353-1687
Naples, FL 341 16
E-Mail: russell@tuffuews.com
District: 3
Category: Commission District
(
Mr. Robert Vigliotti
5782 Hammock Isles Drive
Naples, FL 34119
E-Mail: bob.vigliotti@CBRE.com
District: 3
Category: Commission District
293-1040 04/13/04
354-1847 09/25/07
Mr. Tor Kolflat
2713 Buckthorn Way
Naples, FL 34105
E-Mail: norskitor@aoJ.com
District: 4
Category: Commission District
435-0373 01/1 0106
435-0371 09/25107
Mr. Paul Midney
1807 Roberts Avenue
Immokalee, FL 34142
E-Mail: midney@aol.com
District: 5
Category: Commission District
658-3000 09125/01
657-6815 09/27/05
(
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10/01/07
10101/11
1010 1/09
] 0101/07
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10/01/07
10/01/11
10101/05
10101/09
4 Years
4 Years
4 Years
3+ Years
4 Years
2 Years
4 Years
4 Years
4 Years
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o of 9
Collier County Planning Commission
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. Mark P. Strain 398-2102 09/11/01 10/01/04 3 Years
36751bird Avenue, N.W. 455-7858 09/28/04 10101108 4 Years
Naples, FL 34120
E-Mail: mpstrain@comcast.net
District: 5
Category: Commission District
Ms. Donna J. Reed 09/28/04 10101108 4 Years
790 Wiggins Bay Drive 514-2780
Naples, FL 34110
E-Mail: djreedl@comcast.net
District: 2
Category: Commission District
Mr. Bradley William Schiffer 254-0285 02/11/03 10/01/04 1.5 Years
520 Sugar Pine Lane 254-0285 09/28/04 10101/08 4 Years
Naples, FL 34108
E-Mail: brad@taxis-usa.com
District: 2
Category: Connission District
Mr. Lindy Adelstein 09/25101 10101/05 4 Years
239-1 Palm Drive 732-0966 09/27/05 10/01/09 4 Years
Naples, FL 34112
E-Mail: lindyade1@cs.com
District: 1
Category: Commission District
Ms. Amy Taylor 371- 10/14/03 10/01107
3J?-0254
5775 Osceola Trail
Naples, FL 34109
E-Mail:
District:
Category: School Board Representative/Non-Voting Member
W;d~esday, Se~;;~b~;'26~'~iOo7"'.r.="(="",": ,<:<.,";"
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~>aQe 9 of 9
(
Collier County Planning Commission
Name
Work Phone
Home Phone
Appt'd Exp. Date
DateRe-appt 2ndExpDate
Term
2nd Term
This 9 member committee was created by authority of Chapter 67-1246, Laws of FL On
09/03/85 the BCC adopted Res. No. 85-190, expressing intent to consider an ordinance
consolidating functions of Coastal Area Planning Commission and Immokalee Area Planning
Commission into CCPC. On 09/24/85, Ord. No. 85-51 created the CCPC, which was repealed
by LDC Ord. 91-102. This committee assists in the formulation and review of the
Comprehensive Land Use Plan, Land Development Code, and amendments to both, and then
submits their recommendations to the Board for final decision. Members are required to file a
Form 1 Statement of Financial Interest each year with the Supervisor of Elections. Terms are 4
years.
On 1-8-03 at an LDC Mtg the BCC amended the LDC (sec. 5.2.3.2) to include a member of the
. School Board. The BCC determined on 10/14/03 that they will be a non-voting member.
(
FLSTAT:
Staff: Susan Murray Istenes, Zoning and Land Development Review Director: 403-2300
Wedn~sday. Se~t;mb;/26.'~20()i 3"-";"_~'_"
~W'""'._:-'-'
""''''''''4'''-- . ~"""-_"'"
Page 3 of3
";genoa Item 1\10. 9E
I''JDvember 13.2007
EXECUTIVE SUMMARY
Page 1 of 10
APPOINTMENT OF MEMBER(S) TO THE PARKS AND RECREATION ADVISORY
BOARD
OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on
December 3 L 2009, to the Parks and Recrcation Advisory Board.
CONSIDERA nONS: The Parks and Recreation Advisory Board has 1 vacancy due to a
resignation. Representation on this board consists of 1 member from the Immokalee Community
Park District, and 6 members from the Naples and Urban Area Community Park District. This 7
member board advises the Board of County Commissioners on matters pertaining to the
acquisition, development and programs involving the County's park facilities. Terms are 4
years. A list of the current membership is included in thc backup.
Mr. Timothy D. Toole (Urban) resigned on September 11, 2007. A press release was issued and
I resume was received from the following interested citizen:
APPLICANT
CATEGORY
D1ST ELECTOR AnV. COMM.
I Paul Nyce
I Urban
~I None
ATTENDANCE: N/A
COMMITTEE RECOMMENDATION: Paul Nyce, new appt. expiring December 31,2009
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
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: NOVEMBER 13,2007
COLLIER COUNTY
BOARD or COlJt\:TY COM~~ISSIONEr~:~
Item Number:
Item Summary:
Meeting Date:
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Couniv ManaON
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Board of County
:uunty Mall~g"r"~ Office
101:\01:>OQ7 ~:37 PM
c."mmi$~'DTlt'r~
Page I of
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MEMORANDUM
DATE:
October 17, 2007
TO:
Sue Filson, Executive Manager
Board of County Commissioners
FROM:
Tona Nelson, Senior Administrative Assistant
Department of Parks and Recreation
RE:
Parks and Recreation Advisory Board
At the regularly scheduled meeting of October 17, 2007, the Parks and
Recreation Advisory Board recommended the selection of Paul Nyce to fill the
vacant seat on the advisory board. Paul Nyce was the only candidate for this
vacancy.
There will be no attendance record. If you need any further information, please
call me at 252-4031.
( 171/1-
,Aaem1E; its-IT, l'-Jc, 9::'
r~ovembe:- 3. 2007
Page4 01 10
Parks and Recreation Advisory Board
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Ms. Sarah Geroy 261-0185 12/12/06 12/31110 4 Years
1917 Holiday Lane 793-7141
Naples, FL 34104
E-Mail: kerry.geroy@nationaJcity.com
District: 4
Category: Urban
Mr. Timothy D. Toole "eP 643-1844 03/08/05 12/31/05 9 months
1819 Princess Court re~;'O 1 597-8690 12/13105 12/31109 4 Years
Naples, FL 34110 qA
E-Mail: tim@naplestitle.com
District: 2
Category: Urban
Ms. Barbara F. Buehler 06/12/07 12/31107 6 Months v/'/
3989 Bishopwood Ct., W#102 417-1841
Naples, FL 34114
E-Mail: Robert.buheler@comcast.net
District: 5
Category: Urban
Mr. John P. Ribes 261-4007 1 0/24/00 12/31/03 3 Years ~
218 Woodshire Lane 02/1 0-04 12/31/07 4 Years
Naples, FL 34105
E-Mail:
District: 4
Category: Urban
Mr. Frank Donohue 597-4575 05/28/02 12/31/02 7 months
5961 Westport Lane 353-8584 12/12/06 12/31/10 4 Years
Naples, FL 34116
E-Mail: emeraldladyyacht@aol.com
District: 3
Category: Urban
- ~",_:,...,.r_ "0.'''. .-,,~ "".,.,."".","".,.-
Thursday, June 1-1, 2007 Page of3
Item !'-J~'. s:::
:, ;:;'/ernr)e, ~; ~::, 21~.;C17
F'ag~ C' of ~ [I
( Parks and Recreation Advisory Board
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndE:l.pDate 2nd Term
Mr. Edward Olesky 05/26/98 12/31/98 7 Months
6001 Lake Trafford Road 657-2401 12/1 2/06 12/31/10 4 Yrs.
Immokalee, FL 34142
E-Mail:
District: 5
Category: Immokalee
Mr. Bart Zino 643-6527 06/12/07 12/31/09 2 Years
113 Heritage Way 593-0424
Naples, FL 34110
E-Mail: Bzino@Pbscontractors.com
District: 2
Category: Urban
/
(
Thursday, June 14. 2007
Page 2 of3
Ilem [\Jc. 9~
13.2007
Page 6 of 10
Parks and Recreation Advisory Board
Name
Work Phone
Home Phone
Appt'd Exp. Date
DateRe-appt 2ndExpDate
Term
2nd Term
This 7 member committee was created by Guidelines established on 11/25f75 and confirmed by
Ord. No. 93-81 to advise the Board of County Commissioners on any matters concerning
acquisition, development and programs involving parks and recreation facilities in Collier County.
Membership consists of 1 member from the Immokalee Community Park District, and 6
members from the Naples and Urban Area Community Park District. Terms are 4 years.
FL STAT:
Staff: Tona Nelson, Parks and Recreation: 353-0404
.~_~ "'''''.''''';').;.0..".'':;.'
Thursday. June 14. 2007
Page 3 of3
i'\;1i?:I,CiC'1 ITern (\!:> 0'::'
i.Jo;'S:T;::c;' ~ ".1ni--i~
._" ,..--- ~- -
._, .~,.~age 7 of 10
MEMORANDUM
DATE: October 15, 2007
FROM: Sue Filson, Executive Manager
Board of County Commissioners
TO: Elections Office
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,
PARKS AND RECREATION ADV BD
COMMISSION DISTRICT
Paul Nyce
95 I 2 Chelford Court
Naples, FL 34 I 09
r
c2
Thank you for your help.
Aqenoa i1em ;\10. 9:::
!~(Y/embet' i 3. 20~17
Page 8 of iO
MEMORANDUM
DA TE: October 15,2007
TO: Tona Nelson, Parks and Recreatio
FROM: Sue Filson, Executive Manager
Board of County Commissioner
,
RE: Parks and Recreation Advisory Board
As you know, we currently have I vacancy on the above-referenced advisory committee. A press
release was issued requesting citizens interested in serving on this committee to submit an
application for consideration. I have attached the applications received for your review as follows:
Paul Nyce
9512 Chelford Court
Naples, FL 34109
Please let me know, in writing, the recommendation for appointment of the advisory committee
within the 4 I 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
iI-2n! h.<J. S'=-
filson s
i~,. 2DD7
Page S' of 10
_rom:
..ent:
To:
Subject:
pauljnyce@comcasl.net
Friday, September 28, 2007 3:23 PM
filson s
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 3:23:02 PM.
Name: Paul Nyce Home Phone: 239-287-2658
Home Address: 9512 Chelford Cout
City: Naples Zip Code: 34 I 09
Phone Numbers
Fax: 239-593-3358 Business:
~-Mail Address: pauljnyce@comcast.net
Work Place: Amerisave Mortgage
How long have you lived in Collier County: 5-10
Have you ever been convicted of any offense against the law? No
Are you a registered voter in Collier County? Yes
Board 1 Committee Applied for: Parks and Recreation Advisory Board
Category: Not indicated
Do you currently hold public offfice? No
Do you currently or ever served on a Collier County Board or Committee? No
.Iease list your community activities:
President Naples Optimist Club, Board of Directors South West Florida Soccer Association. Member Naples
Youth Soccer Club, Partner with Challenge Sports.
Agenda item f\lc, 9=
NClvr.:~mber ; J. 20G7
F'age 10 of 10
Education:
Temple University, BA
.Experience:
I have been associated with local athletics since I came to collier county. I am reasonable and understand the
difference between governing and managing.
.
-.
2
Page 1 of 1
.'re'r
COLLIER COUNTY
,CCd,r':l cr ~:)u!r" ,P')',,1L'c~:!n;,:~f~'
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EXECUTIVE SUMMARY
To initiate a discussion with the Board to get furthcr direction and clarification
regarding the County Attorney Recruitment Service Contract 07-4170
OBJECTIVE: To obtain direction and clarification on issues associated with the county
attorney recruitment services.
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.
At the Board Meeting on September II, 2007, the Board selected the firm Waters-Oldani
Executive Recruitment, a division of The Waters Consulting Group, Inc. and authorized
the Purchasing Department to conduct negotiations. On October 23, 2007, the Board
approved a negotiated contract with the selected firm in the amount of $28,000:
Andrea B. Sims has been assigned as the point person on behalf of Waters-Oldani for the
recruitment services.
DISCUSSION ITEMS:
. In order to develop the requirements for the search, as well as inclusion in
targeted brochures, does the Board wish to meet with Ms. Sims collectively,
independently, or both?
. Ms. Sims would also like to meet with the j~)llowing departments: County
Manager, Risk Management, Human Resources, and County Attorney in order to
gain input for the search.
. Ms. Sims will make a presentation to BCC on November 27,2008 at 10:00 a.m.
. The Board will have the opportunity to discuss the process with recruiter relating
to applicants.
. Ms. Sims will discuss the number of finalists and the process in determining the
finalists.
FISCAL IMPACT: None
GROWTH MANAGEMENT IMPACT: None
RECOMMENDA T10N: That the Board of County Commissioners provide staff with
fmiher direction on how to proceed in the County Attorney recruitment process.
PREPARED BY:
Commissioners.
Sue Filson, Executive Manager to the Board of County
DATE: NOVEMBER 13,2007
COLLIER COUNTY
BO,t.fW Of C:OUrH" C:)Mr'.'1:SSI01'lEf~~
Item Number:
Item Summary:
III~ itenl L 11~'; '1iHIJ al '0 ():) iJ l~' -; () rnl'.H\'" '" Q!SCLl5S!On with 1'1(; tWilrd to q,,' l:Jrtl',e'
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^1l1)rovedBy
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COllt1ty Manager
Date
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Countv M;:mager's Off,c('
111112007;UOPM
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EXECUTIVE SUMMARY
Recommendation to award Bid No. 07-4187 to D.N. Higgins, Inc., for the purchase and
installation of two sand separator units for the North and South County Regional Water
Treatment Plants (NCRWTP and SCRWTP) in the base bid amount of $1,442,800 and to
approve the necessary Budget Amendment, Project 71052.
OBJECTIVE: The public purpose of this project is to improve the reliability and productivity of the
water treatment process by removing sand and other particles conveyed from the raw water well fields.
CONSIDERATION: On June 6, 2006, as Agenda Item lOB, the Board of County Commissioners
(Board) adopted the 2005 Water Master Plan Update that identified the need for sand filters for the RO
wellfield. The proposed scope of work is consistent with the 2005 Water Master Plan Update, Project
71052, NCRWTP RO Wellfield New Sand Filter, Section 8, Table 8-2, page 4 of5, line 117.
The NCRWTP and SCRWTP utilize a reverse osmosis (RO) membrane treatment process to filter raw
water from the Hawthorn wellfields. These well fields produce raw water with a high content of sand
and other particulates. Particle contamination in the raw water treatment process system accelerates
the rate of wear on system components, such as the RO membranes and pumping equipment, resulting
in premature component failure. The proposed sand separator units will eliminate a substantial portion
of the particle contamination in the raw water before it reaches these water treatment system
components. This will increase the life of these treatment system components, while decreasing the
intervals ofrepairs and maintenance.
Invitation to Bid No. 07-4187, "NCRWTP and SCRWTP Sand Separators" was posted on August 21,
2007, and distributed to vendors via the county's electronic bid process. Of the 173 bidders notified,
52 downloaded the solicitation and 5 bids were received by the September 21,2007, deadline. The
bids received are summarized in the table below.
Bidder Bid
D.N. Higgins, Inc. $1,442,800
TLC Diversified, Inc. $ J ,655,000
Mitchell & Stark Company, Inc. $1,673,000
C.A.N. Construction, Inc. $1,686,000
Brandes Design-Build, Inc. $1,749,000
Staff and Hazen & Sawyer, the design engineer, determined the low bid to be fair and reasonable and
recommend awarding the contract to D.N. Higgins, Inc., the lowest responsive and qualified bidder;
the low bid was under the design engineer's estimate of $1,500,000.00. D.N. Higgins, Inc., has a
satisfactory performance and warranty record on previous county water utility-related projects. The
engineer's letter ofrecommendation is attached to this Executive Summary.
FISCAL IMPACT: Funding is available and is consistent with the FY08 Capital Budget adopted
by the Board of County Commissioners on September 20, 2007. Funds in the amount of $1 ,200,000
are available in Project 71052, RO Wellfield Sand FilterlSeparator. A Budget Amendment in the
amount of$242,800 is needed to complete funding for this project. These funds are available in
Project 70158, Tamiami Well Replacement Program. The source of all funds is the Water User Fee,
Fund 412.
Executive Summary
NCRWTP & SCRWTP Sand Separators Bid 07-4187, Project 71052
Page Two
Aaenja item No.1 JA
!'kwemberI3,200"7
20f7
GROWTH MANAGEMENT IMPACT: The project is consistent Witll and furthers the goals,
objectives, and policies of the Collier County Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners, as the Ex-officio Governing
Board of the Collier County Water-Sewer District:
. Award Bid No. 07-4187 to D.N. Higgins, Inc., for the purchase and installation of two sand
separator units, in the amount of $1 ,442,800, and authorize the Chairman to sign the contract
after review by the County Attorney's Office.
. Approve the necessary Budget Amendment to transfer funds from Project 70158 in the amount
of$242,800.
PREPARED BY:
Oscar P. Martinez, P.E., Senior Project Manager, Public Utilities Engineering.
Item Number:
Item Summary:
Meeting Date:
Page 1 of2
'~';erni': 1"3:'1
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COLLIER COUNTY
BDARD OF ::::OUN1Y COMMIS~IONERS
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11':,i2007 B:4SM~
1,":;lIlw: Sr,lVI(Ow~,k'
MU'~9",m""t I:: Buaq"t Drru(;l.M
[JaH
Approved B)
COlJnly'Manager~; Oft;er.'
()t'Lc"ofr,r,anBgnmerll & Budget
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l{&2EN AND SAJVFER
Environmental Engineers & Scientists
Hazen afld Sawyer, P.C.
2101 NW Corporate Boulevard. Suite 30,
Boca Raton, A. 33431
561 997-8070
Fax: 561 997-8159
October 18, 2007
Mr. Oscar Martinez, P.E., Senior Project Manager
COLLIER COUNTY PUBLIC UTILITIES
3301 Tamiami Trail East, Building H, 3'" Floor
Naples, Florida 34112
Collier County
NCRWTP I SCRWTP Sand Separators
Enalneer's Recommendation to Award
Dear Mr. Martinez:
As you know, bids were opened on September 21, 2007 for the above-referenced
project. A total of five (5) contractors submttted bids, and the apparent low bidder is
D.N. Higgins, Inc. Note that we have reviewed the bid tabulations only (attached), as
County Purchasing reviewed all bid proposals for completeness and responsiveness.
Our only concern was the fact that the line item amounts from D.N. Higgins for the sand
separator equipment packages were significantly lower that the those from the other
bidders. We have since discussed this issue with the County and D.N. Higgins during a
conference call, and D.N. Higgins confirmed that the equipment will be provided in
accordance with the contract documents with no deviations noted.
Therefore, we recommend that this construction contract be awarded to D.N. Higgins,
Inc. as apparent low bidder in the amount of $1,442,800.00. Note that the Engineer's
opinion of probable construction cost was $1,500,000.00.
Please contact me immediately if you have any questions or comments.
Very truly yours,
HAZEN AND SAWYER, P.C.
f:::V1j:;=::) -~~; :~--..__..
Kurt A. Pfeffer, P.E.
Project Manager
C: Albert Munizll-/&S
Steve Messner/Collier County PUD
File 41010.013-6.0
O:4101O.013L007
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Aaende item NO.1 08
NOV81TlDer 13, 2007
Page '! of 6
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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 Collier Boulevard from the Golden Gate
Main Canal to Golden Gate Boulevard and portions east on White Boulevard and west on
Pine Ridge Road. Project No. 68056. Estimated fiscal impact: $8,927,000.00.
OBJECTIVE: To adopt a resolution authorizing the acquisition by gift or purchase of additional
right-of-way and related easements necessary for the expansion of Collier Boulevard from four
lanes to six lanes between the Golden Gate Main Canal and Golden Gate Boulevard, and to expand
portions of White Boulevard and Pine Ridge Road east and west of Collier Boulevard.
CONSIDERATIONS: The adoption of the above resolution will provide staff with the Board's
authority to secure title work, obtain independent real estate appraisals, and negotiate for the
purchase of the right-of-way necessary for the construction of roadway, drainage and utility
improvements and stormwater retention and treatment ponds required for the expansion of Collier
Boulevard from four lanes to six lanes between the Golden Gate Main Canal and Golden Gate
Boulevard and to expand portions of White Boulcvard and Pine Ridge Road east and west of Collier
Boulevard. There are 113 parcels to be acquired from 73 property owners.
~
The purpose of Gift and Purchase Resolutions is to delegate certain authorities to the Chairman and
to the County Manager or his designee that streamline the right-of-way acquisition process and
preclude the necessity to return to the Board for the approval of each and every purchase.
FISCAL IMPACT: It is estimated that the total cost of the right-of-way which must be purchased
will be $8,927,000.00. This amount includes the cost of the land required for construction, as well
as all expenses for title work, real estate appraisals, staff time, and those expenses, such as property
owner attorney fees and. expert witness fees, which the County is required to pay according to
Sections 73.091 and 73.092, F.S. All such payments will come from the Transportation Supported
Gas Tax fund and the Road Impact Fee fund. 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 expansion of Collier Boulevard (Project No. 68056) is an integral part of Collier County's
Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners of Collier County:
1. Adopt the attached Resolution;
2. Authorize its Chairman to execute same on behalf of the Board; and
3. Authorize any budget amendments that may be necessary to implement the collective will of the
Board as evidenced by the adoption of the attached Resolution and the approval of this
Executive Summary.
Prepared by: Debbie Armstrong, Assistant Right-of-Way Manager
Transportation Engineering and Construction Management Department
Attachment: Gift and Purchase Resolution wI Exhibit
Puge 1 of 1
COLLIER COUNTY
1~()t,fH, Of (;C)lI,H'i UHd'..1i,':iiON~r:'
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J\ e:;-;!~j::;~ 2::)('-
01 C
RESOLUTlO]\' NO. 2007-
A RESOLUl'IO"l ALCTHORlZING TIlE ACQUISITIOI' BY GIFT OR PURCHASE
OF RIGHT-OF-WAY AND RELATED EASE'VIE'JTS NECESSARY FOR TIll!
COI'STRUCTION OF ROJ\D\\'A Y, DRAlNAGE .""ND UTIl.ITY IMPROVEMENTS
REQUIRED FOR TIlE EXPANSIO"l OF COLLIER BOULEVARD FRO'l1 THE
GOLDEN GATE MAIN CANAL TO GOLDEN GATE BOl;LEV;\RD, INCLUDI"IG
PORTlO'lS EAST ON WHITE BOULEVARD AND WEST ON PINE RIDGE ROAD
(PROJECT 1\0.68056.)
WHEREAS. the Board of County CommiSSioners (Board), on June 7, 2005, adopted
Ordinance No. 2005'::2.5 therem establishmg the CapItal Improvement Element of the GrO\vth
Management Plan Il1 order to establish pnonnes for the deSIgn. acqUlsltton ,md constructIOn of
the vanous capnal Improvement pro.lects: and
WHEREAS, the TransportatIOn Element of the County's ComprehenSive Plan was
adopted in Ordinance No. 2005-25: and
WHEREAS. the expansIOn of Collier Boulevard from the Golden Gate Mam Canal to
Golden Gate Boulevard (Prfl.1ect 1\0.68056) IS one of the capltt11 unprovement projects reqUired
under the Transportation Element oftl1(' County;s ComprehenslVe PJa'1: and
V-/HEREAS, t!u: eXpanSlOn of Collier Boulevard from four Janes to SIX lanes from the
Golden Gate Mam Canal to Golden Gale Boulevard, and the expansIOn of portIOns of Pine Ridge
Road and W111te Boulevard. east and west of Collier RouJevard, IS necessary m order to protect
the health. safety and welfare of the cltlzens of Collier County, and will assIst Collier County Il1
meetmg certain concurrency reqUIrements ofthe Grov..'th Management Plan for Collier County.
:\OW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUI\TY
CO'l1MISSIONERS Of COLLIER em :NTY, FLORIDA, that:
1. The Board has detenmncd that the expansIon of Collier Boulevard from Golden Gate
Mam Cal1aJ to Golden Gate Boulevard. and the expansIOn of porttons of Pine Ridge Road and
Vlhlk Roulevard, east and \""Tsl or Collier Boulevard, ProJect No. 68056 (hercmafter referred to
as the "ProJect"), IS necessary and m the pUb1ic;s hest mtercst In order to protect 11le health, safety
and \velf'are ofthc CitIzens of Collier County.
2. The constructIOn ofthc ProJect IS an mtegral part oftne County's long range plannmg
effort, and is mcluded In the Transportatlon Element ofille Countrs ComprehenSive Plan for
Gro\vth Management. as approved by the Florida Department of Commumty AffaIrs.
r"q~na'" Itorr' f.,o 1.\"'
n~'.:;; c:: i, ,,1 l.~ " ~'~::>
f\lovernner '1 -:i, 2uQ7
~~ag2 4- of 6
3. It is necessary and III the best mterest of Collier COWlty for the Board to authonzt: the
acqulSlt10n ofrlght-of~way In either fee sImple. or as easements for roadway, dramage and/or
utility purposes, as well as temporary constructIon and dnveway restoratIOn easements. and
stomlwatcr retention and treatment pond sHes In fee sImple withm the Project corridor, in the
locatIOns collectIvely represented on Exhibit "'A" attached hereto and mcorporated herem, as best
suits the needs ofllie project: and the CotUlty Manager or his desIgnee is hereby authorIzed and
directed to acqUire said nght-of-way and stormwater retentIOn and treatment pond Sites by either
gift or purchase.
4. The Board hereby directs the County Manager or ills desIgm~e to mal(e purchase offers to
propeny owners based upon appraisals prepared for Collier County hy licensed real estate
apprmsers,
5. In VIew of the dinerenecs 01" OpInIOns between real estate appraIsers as to property owner
compensatIon estImates, and in View of the cost of condemnatIOn, the Board hereby authOrIzes
the County Manager or hIS deSIgnee to approve Tlght-of-way, easement, and stormwater retention
and treatment pond slte purchases where the property oVl'TIer has agreed to sell the rcqmred land
nghts to the County at, or up to twenty five percent (25%) above, Collier County's appraIser s
estimate of full compensation to the property o\.\11cr, With the maximum approval autJlority not 10
exceed $50,000 over the County-s appraIser's estimate of full compensatIOn. Such purchase
approvals are hcrcmafter referred to as "AdmInistrative Settlements." Each and every proposed
settlement over one hundred and twenty-five percent (125%) or over $50,000 above the County's
apprmser's estImate of full compensatIon shall require separate Board approval.
6. The Board hereby authorizes its Chairman, and any subsequent Chalfman ror the life of
the Project, upon the approval of the Of1ice of thc County Attorney as to form and legal
suffiCIency, to t:xecutc Easement Agreements and Purchase Agreements for nght-of-way and/or
stonnwater retention and treatmcnt pond sites, where the property owner has agreed to sell the
reqUired land nghts to the County at Its appraised value, or within the Admirustratlve Settlement
proVlSlOns of Paragraph 5 (above); and the Board hereby authonzes Its present ChaIrman, and
any subsequent Chatrman for the life ofthc Project, to execute any Instruments WhICh have been
approved by the Office of the County Attorney, to remove the lien of any encumbrance and for
any such other purposc as m(1)' be reqUlred.
-Page 2-
7. Said AdmI1ustratlve Settlement aUlhonty IS delegated by the Board to the extent that such
delegation does not conflict \-\lith the provIsIOns of Secl10n 125.355. Florida Statutes.
8. \\'here the property o"\\'Iler agrees to C011\'ey a necessary mterest m real property to the
County. through the executlOn ofa "Purchase Agreement" or "Easement Agreement," and upon
the proper execurion by the property O~l1er of such legal Instruments as the Office ofthl' County
Attorney may reqUlre, the Board hereby authonzes the finance Department to Issue warnmts.
and/or to make WIre Lransfers, payable to the property owner(s) of record, and to others who may
possess an eqlutable mtercst In the subJect flght-of-way parcels or stormv.;atcr retention and
treatment sites, tn those amounts as shall he specified on a C]osmg Statement
9. All title to real property wJuch has been obtamed In the maMer described ahove shall be
deemed "accepted" by the Board of County Comnussloners. as the governing body of Collier
County, Florida. a politIcal suhdivlslon of the State of Florida, and as such, staff is hereby
authonzed to record in the Public Records of Collier County. Florida, deeds, easements or other
1l1strurnents as may be reqUlred 10 remove the lien of any encumbrance from the acqmrcd
propertIes.
ThlS ReSoJutJOIl. adopted on thIS ____ day of"_
, 2007. aftcr mollOn.
second and ma.1onty vote
ATTEST:
DWIGHT E. BROCK. CLERK
BOARD OF COUNTY COMMISSIOJ\ERS
OF COLLIER COUNTY. FLORIDA
By:
JAMLS COLETI /\, CHAIRf'"L\N
Approved as to form and
legal sufficiency:
{~,L kUo
Heidi F. Asthon-Cicko
Assistant County Anorney
-Page :;-
11:.'.""
'0' i ;~_':::-; ..:...,,~;
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2007
.=: C.l ,~)
Collier Boulevard Vicinity Map, Project #68056
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EXECUTIVE SUMMARY
,Aaenda Item No.1 DC
't-;ov8mbe, 1~:" 2007
Page 1 Df 78
This item requires that all participants be sworn in and ex parte disclosure be
provided by Commission members. Recommendation to approve a Developers
Contribntion Agreement (DCA) between Naples Reserve, LLC, Kite Eagle Creek II,
LLC, KRG Eagle Creek IV, LLC, KRG 951 & 41, LLC, Tousa Homes, Inc., Naples
Golf Development, LLC, ABC Liquors, Inc., Naples South, LLC, NBC RV, LLC,
NBC Land Holdings, LLC, Naplcs Big Cypress Market Place Limited Partnership,
LLLP, Southern Development Company, Inc., RealtyNet Rcal Estate, LLC, Habitat
for Humanity of Collier County, Inc., and MCKK Property Acquisitions, LLC (The
Developers) and Collier County to construct improvements to the intersection of
US4I with SR-CR951 and to construct a four lane road from this intersection
continuing east on US41 for approximately two miles.
OBJECTIVE: To obtain BCC approval of the DCA for the Developers to design,
permit, acquire land, construct and provide CEl at their sole expense to construct the
ultimate intersection ofUS41 with SR-CR951 per the PD&E Study and to construct a
four lane road in the footprint of a six lane road from this intersection heading east on
US41 for approximately two miles.
CONSIDERATIONS: Improvements to intersection of US41 with SR-CR951 and
US41 east have been identified by thc Collier County MPO as a top unfunded priority.
The intersection of US41 with SR-CR951 is recognized ,as a critical intersection and
US41 east of the intersection currcntly operates at LOS "F" with banked trips, vested
trips and background traffic. This intersection and roadway has recently gone through the
FDOT PD&E review process and improvements have been identified. No State or local
construction funding has been appropriatcd and the roadway is not identified for
construction in the current five year CIE. Since late 2004, no approvals for land use
changes or development orders have been granted unless the projects have been deemed
vested for concurrency. The area has several DRls that will continue to impact the
roadway and intersection that are not subject to concurrency and can continue to develop
without improving the adjacent roadways.
.~
The Developers have agreed to design, permit, acquire land, construct and provide CEl
for the complete intersection construction consistent with the PD&E and construct four
lanes of the future six lanes, also consistent with the PD&E, for a distance of
approximately two miles. Staff has required that all design and construction shall include
the water management and bridge structures that will accommodate the ultimate six lane
configuration. This concept will assure that the intersection will be fully improved and
the additional expansion ofUS41 will have minimal throwaway. The improvement will
meet the needs of the proposed developments, vested DRls and background growth
through approximately 2015 at the intersection and is consistent with the PD&E ultimate
traffic scenario review to maximize the at grade improvements. The Developers must
post a bond for the full estimated amount. The initial bond must be based on the estimate
provided by the firm that conducted the PD&E, and reviewed at each milestone to be
adjusted accordingly.
A~lenda item No.1 CJC
l~ovemD8r "I 20n7
A public meeting for the DCA was separately advertised and held in conjunction with>mlje 2 oi Ii:
Naples Reserve RPUD (AR#9374) public meeting. County Transportation staff explained
the concept and received no objections. If approved, the design of the intersection and
roadway will be reviewed by FOOT, Collier County and the SFWMD. Two public
meetings will be held consistent with best management practices to coordinate with the
public and adjacent stakeholders. The proposed DCA meets the current BCC direction to
include the ultimate intersection improvement and require the Developers to fully assume
the financial responsibility of the project. The CCPC approved the DCA as a companion
item to Naples Reserve RPUD AR# 9374 by a majority vote.
FISCAL IMPACT: Road Impact Fee credits in District four in the amount of
$29,111,372.17 will be given to the Developers. The estimated cost of the Project is
$52,938,385. No additional impact fee credits will be given should the project cost
escalate and the Developers will be required to pay any additional impact fees in affect
upon a submittal for a building permit. The County will only be required to providc staff
time and oversight.
GROWTH MANAGEMENT: This Developers Contribution Agreement would be
consistent with the goals and objectives of the Collier County MPO 2030 Long Range
Transportation Plan, (incorporated into the Collier County Growth Management Plan),
the Transportation Element of the GMP and consistent with the recent PD&E conducted
by FDOT.
~
LEGAL CONSIDERATIONS: The attached agreement has been reviewed and
approved by the Office of the County Attorney fClr content and legal sufficiency. - .1AK
RECOMMENDATION: That the Board o[Commissioners approvcs this DCA between
the Developers and Collier County for the Developers to design, pcrn1it, acquire land,
construct and provide a CEI at their sole expensc to build out the intersection of US41
with SR-CR95l per the PD&E Study and to construct a four lane roadway in the
footprint of a six lane roadway from this intersection east on US4l for distance of
approximately two miles.
Prepared by: Nick Casalanguida, Planning Director, Transportation Services Division
Attachments: I) Developer Contribution Agreement; 2) Exhibit A; 3) Exhibit B; 4)
Exhibit C; 5) Exhibits D; 6) Exhibits E; 7) Exhibits F; 8) Exhibit G; 9) Exhibit H; 10)
Exhibit l: II) Exhibit .1; 12) URS Cost Memo; 13) Vanasse/Daylor Traffic Memo; 14)
CH2MHILL Traffic Memo
-
Item Number:
Item Summary:
Meeting Date;
Page I of
F,w" :~_:
COLLIER COUNTY
BOARD OF COUNTY COMM\SSIONERS
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T(LISa r-kTll"'~, l..Jar/cs '::011 :)e'je'IGrnw'" L,L~, /\:::'~ uqclcs ir',e iL~Y;,' :'out" LI_C
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f"Cl'\ILerH\,p LL,I ;';ou1PiOer, LIf'VeiGnr~lcr',T c'Gnw",ny IfK f{eaI1yr,pt ;:{e,l EFv,',e LLC
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Appro\'ed By
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Approve-d By
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(','J"n1~i AttClmCi'Y Uh!Ct
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rran~r;()nm'Dn [';(,I'\'ic{;"I'o'n'"
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fi\e://C:\AgendaTest\Export\92- November%20 J 3,%202007\] O. %20COUNTY%,20MANAG., 11/7/2007
__.,._~____..,k_ 'M_
US 41 / SR 95] Developer Consortium I
Participating Members Location Map I
Exhlbll^
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A."al ~hO" Dale' Jon ,007
DeveloperConsort,um
4001 Tam,amj Trail N ,#300
Naples, FL 34103
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Aqenda Item \\]0. 1 DC
Hcwember ~:~':_ 20\J7
5 Q{ 7f
Exhibit "8"
Legal Description for Naples Reserve LLC
Section 1, Township 51 South, Range 26 East, Collier County, Florida
[tern I~c). '10C
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'3 oJ1 ic-
Exhibit B
Legal Description for KRG 951 & 41 LLC
A PARCEL Of LAND LOCATED IN SEmON 3, TOWNSHIP 51 SOUTH, RANGE 26
EAST, COLLIER COUNTY, fLORIDA BEING MORE PARTICULARLY DESCRIBED AS
fOLLOWS:
BEGIN AT THE NORTHEAST CORNER Of TRACT "0.5,-3" Of TRAIL RIDGE,
ACCORDING TO THE PLAT THEREOf AS RECORDED IN PLAT BOOK 44 AT
PAGES 71 THROUGH 77 Of THE PUBLIC RECORDS Of COLLIER COUNTY,
fLORIDA; THENCE RUN NORTH 89055'57" WEST, ALONG THE NORTH LINE Of
SAID TRACT "0.S.-3", fOR A DISTANCE Of 867.07 fEET TO THE NORTHWEST
CORNER Of LANDS DESCRIBED IN OffICIAL RECORD BOOK 3620 AT PAGES
2872 THROUGH 2876 Of THE PUBLIC RECORDS Of COLLIER COUNTY,
fLORIDA: THENCE RUN SOUTH 04009'46" WEST, ALONG THE WEST LINE Of .
SAID LANDS fOR A DISTANCE Of 163.91 fEET; THENCE RUN SOUTH 02028'03"
WEST, ALONG SAID LANDS fOR A DISTANCE Of 36.59 fEET TO THE
NORTHERL YMOSTVVESTERL Y CORNER Of TRACT "C" Of SAID TRAIL RIDGE;
THENCE RUN SOUTH 02030'29" WEST, ALONG THE WESTERLY LINE Of SAID
TRACT "CU, fOR A DISTANCE Of 100.09 fEET; THENCE RUN NORTH 90000'00"
WEST, ALONG THE NORTHERLY LINE Of SAID TRACT "C", fOR A DISTANCE Of
100.09 fEET TO A POINT ON THE EAST RIGHT-Of-WAY LINE Of STATE ROAD
#951 (RIGHT-Of-WAY VARIES); THENCE RUN NORTH 02030'29" EAST, ALONG
SAID EAST RIGHT-Of -WAY LINE, fOR A DISTANCE Of 140.20 fEET; THENCE
RUN NORTH 04012'04" EAST, ALONG SAID EAST RIGHT-Of-WAY LINE, fOR A
DISTANCE Of 640.85 fEET; THENCE RUN SOUTH 89042'14" EAST fOR A
DISTANCE Of 264.66 fEET; THENCE RUN NORTH 15042'49" WEST fOR A
DISTANCE Of 320.41 fEET; THENCE RUN NORTH 35039'44" EAST fOR A
DISTANCE Of 200.00 fEET TO A POINT ON THE SOUTHERLY RIGHT-Of-WAY
LINE Of STATE ROAD No. 90 (TAMIAMI TRAIL 200,00 fOOT RIGHT-Of-WAY);
THENCE RUN SOUTH 54020'16" EAST, ALONG SAID SOUTHERLY RIGHT-Of-WAY
LINE, fOR A DISTANCE Of 1,927.32 fEET; THENCE RUN SOUTH 35039'44"
WEST fOR A DISTANCE Of 400,00 fEET TO A POINT ON THE NORTHERLY LINE
Of TRAIL RIDGE ACCORDING TO THE PLAT THEREOf AS RECORDED IN PLAT
BOOK 44 AT PAGES 71 THROUGH 77 Of THE PUBLIC RECORDS Of COLLIER
COUNTY, fLORIDA; THENCE RUN NORTH 54020'16" WEST, ALONG THE
NORTHERLY LINE Of SAID TRAIL RIDGE, fOR A DISTANCE Of 855.70 fEET TO
THE POINT Of BEGINNING Of THE PARCEL Of LAND HEREIN DESCRIBED,
CONTAINING 24.575 ACRES, MORE OR LESS
L\;.;enCr;; Ilem hie. 1 DC
November- i ~;. 2007
P8C1f 7 of 78
Exhibit B
Legal Descriptions for TOUSA Homes Inc
REFLECTION LAKES AT NAPLES PHASE 3J
A PORTION OF TRACT RD-4, REFLECTION LAKES AT NAPLES UNIT II (PHASE
II & III), AS RECORDED IN PLAT BOOK 46 AT PAGES 33 THROUGH 42 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF TRACT RD-4, REFLECTION LAKES
AT NAPLES UNIT II (PHASE II & III), AS RECORDED IN PLAT BOOK 46 AT
PAGES 33 THROUGH 42 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, THENCE RUN S.00035'I4nW., ALONG THE BOUNDARY OF SAID
TRACT RD-4, FOR A DISTANCE OF 656.92 FEET; THENCE RUN N.89024'46nW.
FOR A DISTANCE OF 125.00 FEET TO A POINT ON THE BOUNDARY OF SAID
TRACT RD-4; THENCE RUN N.00035'14nE., ALONG THE BOUNDARY OF SAID
TRACT RD-4, FOR A DISTANCE OF 631.76 FEET TO THE BEGINNING OF A
TANGENTIAL CIRCULAR CURVE, CONCAVE TO THE SOUTHEAST; THENCE
RUN NORTHEASTERLY, ALONG THE BOUNDARY OF SAID TRACT RD-4 AND
ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF
25.00 FEET, THROUGH A CENTRAL ANGLE OF 96018'37", SUBTENDED BY A
CHORD OF 37.25 FEET AT A BEARING OF N,48044'33nE., FOR A DISTANCE OF
42.02 FEET TO A POINT OF REVERSE CURVE; THENCE RUN EASTERLY,
ALONG THE BOUNDARY OF SAID TRACT RD-4 AND ALONG THE ARC OF
SAID CURVE TO THE LEFT, HAVING A RADIUS OF 430.00 FEET, THROUGH A
CENTRAL ANGLE OF 12059'l1n, SUBTENDED BY A CHORD OF 97.25 FEET AT
A BEARING OF S.89035'45nE., FOR A DISTANCE OF 97,46 FEET TO THE POINT
OF BEGINNING. PARCEL CONTAINS 1.877 ACRES, MORE OR LESS.
AND
IE:m hie; iO::
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P2gS E of :-S
REFLECTION LAKES AT NAPLES,
PHASE 3 MULTI-FAMILY PARCELS
TRACT MF-3 AND TRACT MF-4 OF REFLECTION LAKES AT NAPLES - UNIT II
(PHASE II & III), ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 46 AT PAGES 33 THROUGH 42 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA.
AND
REFLECTION LAKES AT NAPLES, PHASE 31
TRACT RD-5, REFLECTION LAKES AT NAPLES UNIT II (PHASE II & III), AS
RECORDED IN PLAT BOOK 46 AT PAGES 33 THROUGH 42 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF TRACT RD-5, REFLECTION LAKES
AT NAPLES UNIT II (PHASE II & III), AS RECORDED IN PLAT BOOK 46 AT
PAGES 33 THROUGH 42 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA; THENCE RUN S.76044'55"E., ALONG THE BOUNDARY OF SAID
TRACT RD-5, FOR A DISTANCE OF 67.88 FEET TO THE BEGINNING OF A
TANGENTIAL CIRCULAR CURVE, CONCAVE TO THE NORTH; THENCE RUN
EASTERLY, ALONG THE BOUNDARY OF SAID TRACT RD-5 AND ALONG THE
ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 255.00 FEET,
THROUGH A CENTRAL ANGLE OF 27024'13", SUBTENDED BY A CHORD OF
120.80 FEET AT A BEARING OF N.89032'59"E., FOR A DISTANCE OF 121.96
FEET TO THE END OF SAID CURVE; THENCE RUN N.75050'52"E., ALONG THE
BOUNDARY OF SAID TRACT RD-5, FOR A DISTANCE OF 212.75 FEET TO THE
BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE TO THE
SOUTH; THENCE RUN EASTERLY, ALONG THE BOUNDARY OF SAID TRACT RD-
5 AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF
545.00 FEET, THROUGH A CENTRAL ANGLE OF 09046'37", SUBTENDED BY A
CHORD OF 92.89 FEET AT A BEARING OF N.80044'1l"E.,
FOR A DISTANCE OF 93.00 FEET TO THE END OF SAID CURVE; THENCE RUN
S.04022'31"E., ALONG THE BOUNDARY OF SAID TRACT RD-5, FOR A
DISTANCE OF 125.00 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE
TO THE SOUTH, FROM WHICH THE RADIUS POINT BEARS S.04022'31 "E., A
DISTANCE OF 420.00 FEET THEREFROM; THENCE RUN WESTERLY, ALONG
THE BOUNDARY OF SAID TRACT RD-5 AND ALONG THE ARC OF SAID
CURVE TO THE LEFT, HAVING A RADIUS OF 420.00 FEET, THROUGH A
CENTRAL ANGLE OF 09046'37", SUBTENDED BY A CHORD OF 71.58 FEET AT
A BEARING OF S.80044'1l"W., FOR A DISTANCE OF 71.67 FEET TO THE END
Aaenda Item NO.1 OC
'j\-,jclvemDer ~i3. 2007
Page S of 7B
OF SAID CURVE; THENCE RUN S.75050'52"W., ALONG THE BOUNDARY OF
SAID TRACT RD-5, FOR A DISTANCE OF 212.75 FEET TO THE BEGINNING OF
A TANGENTIAL CIRCULAR CURVE, CONCAVE TO THE NORTH; THENCE
RUN WESTERLY, ALONG THE BOUNDARY OF SAID TRACT RD-5 AND
ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF
380.00 FEET, THROUGH A CENTRAL ANGLE OF 27024'13", SUBTENDED BY A
CHORD OF 180.02 FEET AT A BEARING OF S.89032'59"W., FOR A DISTANCE OF
181.75 FEET TO THE END OF SAID CURVE; THENCE RUN N.76044'55"W.,
ALONG THE BOUNDARY OF SAID TRACT RD-5, FOR A DISTANCE OF 67.88
FEET; THENCE RUN N,13015'05"E., ALONG THE BOUNDARY OF SAID TRACT
RD-5, FOR A DISTANCE OF 125,00 FEET TO THE POINT OF BEGINNING.
PARCEL CONTAINS 1.477 ACRES, MORE OR LESS.
TOGETHER WITH
A PORTION OF TRACT RD-3, REFLECTION LAKES AT NAPLES UNIT II
(PHASE II & III), AS RECORDED IN PLAT BOOK 46 AT PAGES 33 THROUGH 42
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF TRACT RD-3, REFLECTION LAKES
AT NAPLES UNIT II (PHASE II & III), AS RECORDED IN PLAT BOOK 46 AT
PAGES 33 THROUGH 42 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA; THENCE RUN N.43015'07"E., ALONG THE BOUNDARY OF SAID
TRACT RD-3, FOR A DISTANCE OF 157.50 FEET; THENCE RUN S.76044'55"E.,
ALONG THE BOUNDARY OF SAID TRACT RD-3, FOR A DISTANCE OF 19.00
FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE
TO THE SOUTHWEST; THENCE RUN SOUTHEASTERLY, ALONG THE
BOUNDARY OF SAID TRACT RD-3 AND ALONG THE ARC OF SAID CURVE TO THE
RIGHT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL
ANGLE OF 77020'09", SUBTENDED BY A CHORD OF 31.24 FEET AT A BEARING
OF S.38004'51 "E., FOR A DISTANCE OF 33.74 FEET TO THE END OF SAID
CURVE; THENCE RUN S.00035'14"W., ALONG THE BOUNDARY OF SAID
TRACT RD-3, FOR A DISTANCE OF 239.42 FEET; THENCE RUN N.77009'49"W.
FOR A DISTANCE OF 134.56 FEET TO A POINT ON THE BOUNDARY OF SAID
TRACT RD-3, THE SAME BEING A POINT ON A CIRCULAR CURVE, CONCAVE
TO THE WEST, FROM WHICH THE RADIUS POINT BEARS N.64032'14"W., A
DISTANCE OF 70.00 FEET THEREFROM; THENCE RUN NORTHERLY, ALONG
THE BOUNDARY OF SAID TRACT RD-3 AND ALONG THE ARC OF SAID
CURVE TO THE LEFT, HAVING A RADIUS OF 70.00 FEET, THROUGH A
CENTRAL ANGLE OF 24052'32", SUBTENDED BY A CHORD OF 30.15 FEET AT
A BEARING OF N.130Ol '30"E., FOR A DISTANCE OF 30,39 FEET TO THE END OF
SAID CURVE; THENCE RUN N.00035'14"E., ALONG THE BOUNDARY OF SAID
TRACT RD-3, FOR A DISTANCE OF 45.39 FEET TO THE BEGINNING OF A
'r:?'r;; i'JC C:
~ '.' -.,-
TANGENTIAL CIRCULAR CURVE, CONCAVE TO THE WEST; THENCE RUN
NORTHERLY, ALONG THE BOUNDARY OF SAID TRACT RD-3 AND ALONG
THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 70,00 FEET,
THROUGH A CENTRAL ANGLE OF 44010'27", SUBTENDED BY A CHORD OF
52.64 FEET AT A BEARING OF N.21 030'00"W., FOR A DISTANCE OF 53.97 FEET
TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.644 ACRE, MORE OR
LESS.
Exhibit B
Legal Description for Naples South LLC
ROYAL PALM GOLF ESTATES REPLAT #3 TRACT B
:tern i'~o. ~iGC
j~.2D07
PagE-; 1 ': of 78
CiC
2CJ7
.~~ d78
Exhibit B
Legal Descriptions for Naples Golf Development, LLC
Parcell Beginning at: the Southeast corner of the Southeast quarter (SE 1/4)
of The Southwest quarter (SW 1f4) of section 17 and the Northeast corner of the
Northeast quarter of the northwest. quarter (NW 1/2) of Section .20 run North
along the: East boundary line of the East half.(E 1/2) of the Southwest quarter
(SW 1/4) (Approximately N.0.36'45 E.) for 129 feet to a marker being THE
POINT OF BEGINNING, thence. continue along said East boundary line at same
approximate degrees for 2551.34 feet to a concrete marker, same being the
Northeast corner of the Northeast quarter (NE 1/4) of the Southwest quarter:'
(SW 1/4) of section 17,thence West along the North boundary line of the
Northeast quarter (NE 1/4) of the Southwest quarter (SW 1f4) (Approximately N.
88'44'00"'W.) of Section 17
For 1326.25 feet to a marker, thence South along the West boundary line of the
East half (E 1/2) of the Southwest quarter (SW 1f4) (approximately S. 0' 35"20"
W.) of Section 17. for 1613.36 feet to marker thence southeasterly
(Approximately S. 53'40' '50' E.) and parallel to and 400 feet by perpendicular
measurement to the Northerly right-of-way line of US Highway 41 for 1642,7
feet. to the POINT OF BEGINNING.
Parcel 2 Beginning at the Southeast corner of the Southeast quarter (SE 1f4) of
the Southwest quarter (SW 1/4) of section 17 and the Northeast comer: of the
Northeast quarter (NE 1f4) of the Northwest quarter (NW 1/4) of Section 20 run
North along the East Boundary line of the East half (E V2) of the Southwest
quarter (SW 1f4) (Approximately NuO' '36'45" E.) for 129 feet. more or less. to a
Marker, thence northwesterly (Approximately N. 53; 40; 50 W.) along a line
parallel to and 400 feet by perpendicular to the Northerly
Right-of-way line of US Highway 41 (Tamiami Trail) for a distance of 816 feet.
More or less, to a point: on the center line of an existing road which bisects
the East half (E 1/2) of the west half (W 112) of section,17., said point. on the
center line of said existing road being the POINT OF BEGINNING; thence
continuing along said Northwesterly line for a distance of 822 .feet more or less,
until the East boundary line of the Southwest quarter (SW 1/4) of
the Southwest quarter (SW 1/4) of section 17 (said Northwesterly line abuts the
Southerly boundary of land 63 acres more or less. conveyed to Henry c.. Hobson
by' Deed dated June 9, 1976), thence South (Approximately S. 0"35 '20' W)
along said East boundary line for a distance of 492 feet, more or less.
until reaching a point on the Northerly right-of-way line of US Highway 41
(Tamiami Trail) thence Southeasterly along the Northerly right-of-way
(Approximately S. 53'40"50' E.) of US Highway 41 for a distance of 533 feet,
l:\q~nda Item No. iDC
1'~oveITibe:. 'l 20C7
Page 13 of 7~:,
more or less to the center line of the existing road where it intersects and is
perpendicular to US Highway 41, thence Northerly (Approximately N.
36'13'10" E.) along the center line of said road for a distance: of 400 feet to the
POINT OF BEGINNING;
Parcel 3 A parcel of land lying in section 17', Township 51 South, Range
2 East Collier County, Florida also being a part of lands
Described in official Record Book 324, Page 149 of the Public
Records of Collier County, Florida, said parcel of land .being
More particularly described as follows:
Commencing at the southeast corner of .the Southwest quarter
SW 1/4) of said Section 17 thence North 00'27'26" East along the
Easterly line of said southwest quarter (SW1/4) for a distance of
128.90 feet to an intersection with a line 400.00 feet
Northeasterly of as measured at right. Angles to and parallel with
The northeasterly right-of-way line of Tamiami Trail (U.s 41 -
S,R. 90); 'thence North 54 811' 31" West along said parallel line
For a distance of 750.08 feet; thence North 54"22'01' West
Continuing along said parallel line for a distance of 65.55 feet
To an intersection with the center line of an existing road;
Thence South 35" 37' 59" West along said center line for a distance
Of 400.00 feet to an' intersection with the said northeasterly
Right-of-way line of Tamiami Trail (U.s. 41- S.R. 90); thence
North 54" .22 '01 West. Along said. Northeasterly right-of-way line
For a distance of 524.47 feet 'to an intersection with the
Easterly line of "the west half (WI/2) of the southwest quarter
(SW 1/4) of said Section 17, the POINT OF BEGINNING of the parcel
Of land herein being described:
Thence North 54' 22' 01' West continuing along said
Northeasterly right-of-way line of Tamiami Trail for a
Distance of 1106.30 feet to an intersection with the
Center line of a proposed road~
Thence North 35"37' 59'" East along said centerline for a
Distance of '402.60 feet
Thence South 89'''30'23'' East for a distance of 672.96 feet to
An intersection with the aforesaid easterly line of the west
Half (W 1/2) of the southwest quarter (SW 1/4) of Section 17;
Thence South 00.29'37' West along said easterly line for a
Distance of 965.98 feet to the POINT OF BEGINNING;
Containing 12.574 acres of land more or less.
Subject to easements and restrictions of record.
:te~T: !'J:~I. : C:C
',,'in--:
F'2ge 14 of ("B
Exhibit B
Legal Description for Kite Eagle Creek II LLC
A PARCEL OF LAND LOCATED IN SEmON 3, TOWNSHIP 51 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, IN PART BEING LOTS 3 AND 4 OF CAPRI
COMMERCIAL CENTER AS RECORDED IN PLAT BOOK 31, PAGES 52 AND 53 OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND IN PART BEING
PORTIONS OF TRACTS M-l AND M-2 OF CRYSTAL LAKE TERRACES AT EAGLE
CREEK AS RECORDED IN PLAT BOOK 16, PAGES 30 AND 31 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF u.s. HIGHWAY
NO. 41 AT THE NORTHWESTERLY CORNER OF "CAPRI COMMERCIAL CENTER"
AS RECORDED IN PLAT BOOK 31, PAGES 52 AND 53 AND THE
NORTHWESTERLY CORNER OF "LOT 2 CAPRI COMMERCIAL CENTER REPLAT"
AS RECORDED IN PLAT BOOK 35, PAGE 85 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA FOR A POINT OF BEGINNING. FROM SAID POINT
RUN SOUTH 35039'28" WEST ALONG THE WESTERLY LINE OF SAID "CAPRI
COMMERCIAL CENTER" AND "LOT 2 CAPRI COMMERCIAL CENTER REPLAT", A
DISTANCE OF 272.94 FEET TO THE 50UTHWESTERL Y CORNER OF SAID "LOT 2
CAPRI COMMERCIAL CENTER REPLAT"; THENCE RUN SOUTH 54020'32" EAST
ALONG THE SOUTHERLY LINE OF SAID "LOT 2 CAPRI COMMERCIAL CENTER
REPLAT", A DISTANCE OF 171.00 FEET TO THE SOUTHEASTERLY CORNER OF
SAID "LOT 2 CAPRI COMMERCIAL CENTER REPLAT"; THENCE RUN NORTH
35039'28" EAST ALONG THE EASTERLY LINE OF SAID "LOT 2 CAPRI
COMMERCIAL CENTER REPLAT", A DISTANCE OF 23.00 FEET TO AN
INTERSECTION WITH THE SOUTHERLY LINE OF LOT 1 OF SAID "CAPRI
COMMERCIAL CENTER"; THENCE RUN SOUTH 54020'32" EAST ALONG SAID
SOUTHERLY LINE, A DISTANCE OF 226.05 FEET TO THE SOUTHEAST CORNER
OF SAID LOT 1; THENCE RUN NORTH 35039'28" EAST ALONG THE EAST LINE
OF SAID LOT 1, A DISTANCE OF 165.15 FEET; THENCE RUN NORTH 31038'24"
EAST ALONG SAID EAST LINE, A DISTANCE OF 43.40 FEET TO AN
INTERSECTION WITH THE WEST LINE OF LOT 5 OF SAID "CAPRI COMMERCIAL
CENTER"; THENCE RUN SOUTH 04013'24" WEST ALONG SAID WEST LINE, A
DISTANCE OF 300.05 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF
SAID "CAPRI COMMERCIAL CENTER"; THENCE RUN SOUTH 87029'51" EAST
ALONG SAID SOUTH LINE, A DISTANCE OF 0.19 FEET TO AN INTERSECTION
WITH THE WESTERLY RIGHT-OF-WAY LINE OF STATE ROAD NO. 951, COLLIER
BOULEVARD, AS DESCRIBED IN THE ORDER OF TAKING AS RECORDED IN
OFFICIAL RECORDS BOOK 2630, PAGE 2773 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 04010'08" WEST ALONG
!\Cl~r:d3 Item No, 1 DC
",-Jc:JVBI11bS:- ~,3. 2007
Page 15 of 78
SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 136.65 TO THE NORTH
LINE OF THE PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 2699, PAGE
792; THENCE RUN NORTH 85002'55" WEST ALONG SAID NORTH LINE, A
DISTANCE OF 226.52 FEET TO AN INTERSECTION WITH THE BOUNDARY LINE
OF THE PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE
260 OF SAID PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN
SOUTH 04057'05" WEST ALONG SAID BOUNDARY LINE AND THE WEST LINE OF
SAID PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 2699, PAGE 792, A
DISTANCE OF 78.24 FEET; THENCE RUN SOUTH 35039'28" WEST ALONG SAID
BOUNDARY LINE OF THE PROPERTY AS DESCRIBED IN OFFICIAL RECORDS
BOOK 3344, PAGE 260 AND SAID WEST LINE OF THE PROPERTY DESCRIBED IN
OFFICIAL RECORDS BOOK 2699, PAGE 792, A DISTANCE OF 33.43 FEET;
THENCE RUN SOUTH 54020'32" EAST ALONG SAID BOUNDARY LINE OF THE
PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260 AND
THE SOUTHWESTERLY LINE OF SAID PROPERTY DESCRIBED IN OFFICIAL
RECORDS BOOK 2699, PAGE 792, A DISTANCE OF 175.20 FEET TO THE POINT
OF CURVATURE OF A CURVE OF SAID BOUNDARY LINE OF THE PROPERTY AS
DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260 AND SAID
SOUTHWESTERLY LINE OF THE PROPERTY DESCRIBED IN OFFICIAL RECORDS
BOOK 2699, PAGE 792, SAID CURVE BEING CONCAVE NORTHEASTERLY AND
HAVING A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 33010'23" AND A
CHORD BEARING AND DISTANCE OF SOUTH 70055'44" EAST, 28.55 FEET,
RESPECTIVELY; THENCE RUN EASTERLY ALONG SAID CURVE, AN ARC
DISTANCE OF 28.95 FEET TO THE POINT OF TANGENCY OF SAID CURVE;
THENCE RUN SOUTH 87030'55" EAST ALONG SAID BOUNDARY LINE OF THE
PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260 AND
THE SOUTHERLY LINE OF SAID PROPERTY DESCRIBED IN OFFICIAL RECORDS
BOOK 2699, PAGE 792, AND ALONG THE SOUTH LINE OF THE PROPERTY
DESCRIBED BY THE ORDER OF TAKING RECORDED IN OFFICIAL RECORDS
BOOK 2605, PAGE 3232 OF SAID PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, A DISTANCE OF 68.63 FEET TO THE POINT OF CURVATURE OF A
CURVE OF SAID BOUNDARY LINE OF THE PROPERTY AS DESCRIBED IN
OFFICIAL RECORDS BOOK 3344, PAGE 260 AND SAID PROPERTY DESCRIBED
BY THE ORDER OF TAKING AS RECORDED IN OFFICIAL RECORDS BOOK 2605,
PAGE 3232, SAID CURVE BEING CONCAVE NORTHERLY AND HAVING A RADIUS
OF 50.00 FEET, A CENTRAL ANGLE OF 12059'48" AND A CHORD BEARING AND
DISTANCE OF NORTH 85059'11" EAST, 11.32 FEET, RESPECTIVELY; THENCE
RUN EASTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 11.34 FEET TO AN
INTERSECTION WITH SAID WESTERLY RIGHT-OF-WAY LINE OF STATE ROAD
951, COLLIER BOULEVARD; THENCE RUN SOUTH 04057'05" WEST ALONG SAID
WESTERLY RIGHT-OF-WAY LINE AND SAID BOUNDARY LINE OF THE PROPERTY
AS DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260, A DISTANCE OF
75.88 FEET TO A POINT ON A CURVE BEING CONCAVE SOUTHERLY AND
HAVING A RADIUS OF 100.00 FEET, A CENTRAL ANGLE OF 22008'22" AND A
Hen: 1\1[;. 1 C<:
3. :2CiCi~
P308iOofi2
CHORD BEARING AND DISTANCE OF NORTH 65010'10" WEST, 38.40 FEET,
RESPECTIVELY; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY LINE RUN
WESTERLY ALONG SAID CURVE AND SAID BOUNDARY LINE OF THE PROPERTY
AS DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260, AN ARC
DISTANCE OF 38.64 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE
BEING CONCAVE NORTHERLY AND HAVING A RADIUS OF 62.00 FEET, A
CENTRAL ANGLE OF 21053'50" AND A CHORD BEARING AND DISTANCE OF
NORTH 65017'26" WEST, 23.55 FEET, RESPECTIVELY; THENCE RUN WESTERLY
ALONG SAID CURVE AND SAID BOUNDARY LINE OF THE PROPERTY AS
DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260, AN ARC DISTANCE
OF 23.70 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE RUN
NORTH 54020'32" WEST ALONG SAID BOUNDARY LINE OF THE PROPERTY AS
DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260, A DISTANCE OF
236.49 FEET; THENCE RUN SOUTH 02029'06" WEST ALONG SAID BOUNDARY
LINE OF THE PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3344,
PAGE 260, A DISTANCE OF 174.68 FEET TO THE NORTHEASTERLY CORNER OF
"CRYSTAL LAKE TERRACES AT EAGLE CREEK REPLAT" AS RECORDED IN PLAT
BOOK 28, PAGES 72 THROUGH 74 OF SAID PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA; THENCE RUN NORTH 54020'32" WEST ALONG SAID
BOUNDARY LINE OF THE PROPERTY AS DESCRIBED IN OFFICIAL RECORDS
BOOK 3344, PAGE 260 AND THE NORTHEASTERLY LINE OF SAID "CRYSTAL
LAKE TERRACES AT EAGLE CREEK REPLAT", A DISTANCE OF 1052.44 FEET;
THENCE RUN NORTH 35039'28" EAST, A DISTANCE OF 100.00 FEET; THENCE
RUN NORTH 80000'15" EAST, A DISTANCE OF 63.72 FEET; THENCE RUN NORTH
35039'28" EAST, A DISTANCE OF 260.11 FEET; THENCE RUN SOUTH 54020'32"
EAST, A DISTANCE OF 33.46 FEET; THENCE RUN NORTH 35039'28" EAST, A
DISTANCE OF 360.81 FEET; THENCE RUN SOUTH 54015'18" EAST, A DISTANCE
OF 26.69 FEET; THENCE RUN NORTH 35044'42" EAST, A DISTANCE OF 34.06
FEET TO AN INTERSECTION WITH SAID SOUTHWESTERLY RIGHT-OF-WAY LINE
OF U.S. HIGHWAY NO. 41; THENCE RUN SOUTH 54020'32" EAST ALONG SAID
SOUTHWESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 374.76 FEET TO THE
SAID POINT OF BEGINNING.
CONTAINING 646,291 SQUARE FEET OR 14.84 ACRES OF LAND, MORE OR
LESS.
Agenda item j'Jo. 10C;
!'~O\iernDe'" Ai::: 2007
Page 17 of 78
Exhibit B
Legal Description for KRG Eagle Creek IV LLC
BEING A PART OF THE NORTHWEST 114 OF SECTION 3, TOWNSHIP 51 SOUTH,
RANGE 26 EAST, COLLIER COUN1Y, FLORIDA.
(THE SHOPS AT EAGLE CREEK PAD #5 DESCRIPTION)
ALL THAT PART OF SAID SECTION 3, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS: COMMENCING AT THE EASTERLYMOST CORNER OF THE PLAT
OF THE SHOPS AT EAGLE CREEK, UNIT ONE, ACCORDING TO PLAT BOOK 25,
PAGES 44 THROUGH 45, OF THE PUBLIC RECORDS OF COLLIER COUN1Y,
FLORIDA.
THENCE ALONG THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF TAMIAMI
TRAIL (U.s. 41) SOUTH 54020'32" EAST 185.50 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUE ALONG SAID RIGHT-OF-WAY LINE SOUTH
54020'32" EAST 193.09 FEET; THENCE LEAVING SAID LINE SOUTH 35039'28"
WEST 123.00 FEET; THENCE NORTH 54020'32" WEST 193.09 FEET; THENCE
NORTH 35039'28" EAST 123.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.55 ACRES MORE OR LESS, BEING 23,749 SQUARE FEET MORE
OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
BEARINGS ARE BASED ON THE EASTERLY LINE OF SAID PLAT OF THE SHOPS
AT EAGLE CREEK, UNIT ONE, BEING SOUTH 54020'32" EAST.
iterY, I~O. OC
13, :2DC17
'ib of 78
Exhibit B
Legal Description for ABC Liquors Inc.
PROPERTY DESCRIPTION A PARCEL OF LAND LYING IN THE NORTH WEST
QUARTER OF SEcrION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST,COLLIER
COUNTY FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF
SEcrION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY
FLORIDA, THENCE RUN N 89 DEGREES 23' 53" W, ALONG THE NORTH LINE OF
THE NORTHWEST QUARTER OF SAID SECTION 3, FOR A DISTANCE OF 324.27
FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF COUNTY ROAD
951 (C.R.. 951); THENCE RUN S 35 DEGREES 40'08" W, ALONG SAID EASTERLY
RIGHT OF WAY LINE, FOR A DISTANCE OF 887.72 FEET TO THE POINT OF
BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S 54
DEGREES 20'16" E FOR A DISTANCE OF 439 .95FEET; THENCE RUN S35
DEGREES 39'44"W FOR A DISTANCE OF 190.00 FEET; THEr~Cc RUN N 54
DEGREES 20'16" W FOR A DISTANCE OF 151.29 FEET THENCE RUN N 02
DEGREES 12'01" E FOR A DISTANCE OF 24.75 FEET; THENCE RUN N 54
DEGREES 33'42" W FOR A DISTANCE OF 201.10 FEET; THENCE RUN N 35
DEGREES 40'36"E FOR A DISTANCE OF 18.22 FEET; THENCE RUN N 54
DEGREES 19'24" W FOR A DISTANCE OF 73.9::: FEET TO A POINT ON SAID
EASTERLY RIGHT OF WAY LINE OF COUNTY ROAD 951; THENCE RUN N 35
DEGREES 40'08" E, ALONG SAID EASTERLY RIGHT OF WAY FOR A DISTANCE
OF 148.39 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND
DESCRIBED HEREIN.
A;::en,:;a Iten': t'~o, CC;
!~oveiT;:Je;' 13, 20[:7
Page 19 0173
Exhibit B
Legal Description for RealtyNet Real Estate LLC
PIN number 00726724107
Legal
35126 COMM AT NE CNR TR M-l, N87DEG W 248.62FT, N02DEG E 271.35FT,
N02DEG E 35.84FT, S54DEG E 236.49FT, ELY 23.70FT, ALG ARC OF CURVE 2 TT
OF REVERSE CURVE, ELY 38.64FT, S04DEG W 154.42FT TO POS.
--------------. .
Iten-, hIe. 1 DC.:
'-":') l) -
Exhibit B
Legal Descriptions for Naples Big Cypress Market Place Limited
Partnership, LLLP
PARCEL "0"
LEGAL DESCRIPTION
(OFFICIAL RECORDS BOOK 2812, PAGE 2152)
PARCEL IN WEST 1/2 OF THE SOUTH 1/2 OF SECTION 17; BEGINNING AT THE
SOUTHWEST CORNER, SECTION 17 GO NORTH 00050'20" EAST 1271.72 FEET
TO CONCRETE MONUMENT ON THE SOUTH RIGHT-OF-WAY OF HWY. 41.
THENCE NORTH 00037'45" EAST 245.48 FEET TO CONCRETE MONUMENT ON
NORTH RIGHT-OF-WAY OF HWY. 41, BEING POINT OF BEGINNING, THENCE
SOUTH 53055 '40" EAST ALONG NORTH RIGHT-OF-WAY LINE 512.45 FEET TO
POINT IN CENTER LINE PROPOSED ROAD, THENCE NORTH 36004'20' EAST
402.6 FEET TO POINT IN CENTER LINE OF ROAD, THENCE NORTH
88044'00'WEST 657.56 FEET TO POINT, THENCE SOUTH, 00037'45' WEST TO
POINT OF BEGINNING, ALL THE ABOVE BEING IN SECTION 17, TOWNSHIP 51
SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE
EAST 30 FEET CONVEYED TO COLLIER COUNTY IN O.R. BOOK 801, PAGE 1079
FOR ROAD RIGHT-OF- WAY,
CONTAINING 9.47 ACRES MORE OR LESS.
BEARINGS ARE BASED ON THE NORTH RIGHT-OF-WAY LINE OF
US 41 AS BEING SOUTH 53'55 '40 ' EAST.
*AG Zoning Parcel
AND
LEGAL DESCRIPTION
PARCEL "I"
BEING A PART OF SECTION 18, TOWNSHIP 51, SOUTH RANGE 27
EAST, COLLIER COUNTY, FLORIDA.
COMMENCING AT THE NORTHEAST CORNER OF SECTION 18,
TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY
FLORIDA. THENCE NORTH 88004'41" WEST ALONG THE NORTH
LINE OF SAID SECTION A DISTANCE OF 657.48 FEET TO THE
POINT OF BEGINNING. THENCE LEAVING SAID SECTION LINE SOUTH 00029'48"
WEST A DISTANCE OF 968.59 FEET; THENCE NORTH 88008'57" WEST A
Aqen::::a itern i'~'J. 1 DC
l\jov8mDer 13. 2007
Page 21 of 78
DISTANCE OF 328.61 FEET; THENCE NORTH 00029'24" EAST A
DISTANCE OF 969.00 FEET TO THE INTERSECTION WITH SAID
NORTH LINE OF SECTION THENCE SOUTH 88004'41" EAST ALONG
SAID SECTION LINE A DISTANCE OF 328.74 FEET TO THE POINT OF
BEGINNING OF SAID HEREIN DESCRIBED PARCEL
CONTAINING 7.3 ACRES MORE OR LESS
SUBJECT TO EASEMENTS, RESTRICTIONS AND/OR RESERVATIONS OF RECORD.
BEARINGS BASED ON THE NORTH LINE OF SECTION 18,
TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY,
FLORIDA, AS BEING NORTH 88004'41" WEST.
*/ndllstrial/AG Parcel
,;':',;112 .1:::1,:; iT~;n: ~Jc. 1 :.::
HO\'<:;~TIDSi :::;, ~:OC7
== of ;'[;
Exhibit B
Legal Description for NBC RV, LLC
PARCEL -F"
LEGAL DESCRIPTION
(OFFICIAL RECORDS BOOK 2947, PAGE 386)
A PARCEL OF LAND LYING IN THE EAST 1/2 OF THE EAST 1/2 OF THE EAST 1/2
OF SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST LYING NORTH OF U.s.
41, COLLIER COUNTY, FLORIDA. AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENONG AT A POINT. SAID PO/NT BEING THE INTERSECTION OF THE
EAST SECTION LINE OF SEmON 18, TOWNSHIP 5 1 SOUTH, RANGE 27 EAST.
COLLIER COUN TY FLORIDA AND THE NORTH RIGHT-OF-WAY LINE OF U.S.
41,THENCE N.00032'17" E, A DISTANCE OF 704.02 ALONG THE EAST LINE OF
SAID SECTION 18, TO THE POINT OF BEGINNING THENCE N.89026'36"W, A
DISTANCE OF 303.51 FEET TO THE EAST RIGHT-OF- WAY OF BASIK ROAD.;
THENCE N.00033 '23 "E., A DISTANCE OF 75.86 FEET TO THE POINT OF
CURVATURE OF A CURVE: TO THE LEFT. HAVING: A RADIUS OF 360.00 FEET, A
CENTRAL ANGLE OF 30006'49", A CHORD BEARING OF N.14030'01'W AND A
CHORD LENGTH OF 187.0 4 FEET; THENCE ,ALONG THE ARC OF SAID CURVE:,
AN ARC LENGTH OF 189.21 FEET TO THE POINT OF TANGENCY OF SAID
CURVE:; THENCE N.29033"26 "W., A DISTANCE OF 50.76 FEET TO A POINT ON
A CURVE: TO THE RIGHT. HAVING A RADIUS OF 40.00 FEET. A CENTRAL
ANGLE OF 24020'01, A CHORD BEARING OF N.17023"27"W AND A CHORD
LENGTH OF 16.86 FEET; THENCE ALONG THE ARC OF SAID CURVE:, AN ARC
LENGTH OF 16.99 FEET TO THE POINT. OF REVERSE CURVATURE OF A CURVE:
TO THE LEFT, HAVING: A RADIUS OF 50.00 FEET. A CENTRAL ANGLE OF
111049'11", A CHORD BEARING OF N.61007'11"W. AND A CHORD LENGTH of
82.82 FEET; THENCE ALONG THE ARC OF SAID CURVE:, AN ARC LENGTH OF
97.58 FEET TO THE END OF SAID CURVE:; THENCE N.00030'21"E.. A DISTANCE
OF 2203,66 FEET, THENCE S.88015'58"E., A DISTANCE OF 456.89 FEET TO A
POINT ON THE EAST LINE OF SAID SECTION 18; THENCE S.00032'17"W, A
DISTANCE OF 2550.00 FEET TO THE POINT OF BEGINNING.
PARCEL CONTAINS 25.7 ACRES, MORE OR LESS.
LESS THE FOLLOWING:
A';1enda I~em J'~(). ~,~C
lyovem:,e~ I~, 2Ju7
2~ of i8
LEGAL DESCRIPTION
(A PORTION OF OFFICIAL RECORDS BOOK 2947, PAGE 386)
A PARCEL OF LAND LYING IN THE EA5 T 1/2 OF THE EAST 1/2 OF THE EAST
1/2 OF SECTION 78, TOWNSHIP 51 SOUTH, RANGE 27 EAST LYING NORTH OF
U.s,4 1, COLLIER COUNTY. FLORIDA. AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT. SAID POINT BEING THE INTERSECTION OF THE
EAST SECTION LINE OF SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST.
COLLIER COUNTY. FLORIDA AND THE NORTH RIGHT-OF-WAY LINE OF U.s. 41;
THENCE N. 00'32.17 E., ALONG SAID EAST LINE OF SECTION 18,704.02 FEET
TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE
N. 8976'36" W" 303.51 FEET; THENCE N. 00'33'23 " E., 15.00 FEET; THENCE S.
89'26 '36" E., 303.51 FEET TO THE EAST LINE OF THE AFOREMENTIONED
SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, THENCE S. 00'32'17" W
ALONG SAID EAST SECTION LINE, 15.00 FEET TO THE POINT OF BEGINNING,
CONTAINING 4,553 SOUARE FEET, MORE OF LESS,
BEARINGS BASED ON THE EAST SECTION LINE OF SECTION 18, TOWNSHIP 51
SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA AS BEING N. 00'32 '17" E.
TOTAL ACREAGE: 25.6 ACRES, MORE OR LESS
t'L ~ 'V
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Pa~e 24 of 78
Exhibit B
Legal Descriptions for NBC Land Holdings, LLC
LEGAL DESCRIPTION
NAPLES BIG CYPRESS LAND CONDOMINIUM - UNIT B
A PARCEL OF LAND LYING WITHIN SECTION 18, TOWNSHIP 51 SOUTH, RANGE
27 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 18, TOWNSHIP 51
SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA: THENCE SOUTH
00032'17" WEST, ALONG THE EAST LINE OF SAID SECTION 18, A DISTANCE OF
681.42 FEET; THENCE NORTH 88016'01" WEST, A DISTANCE OF 456.89 FEET;
THENCE SOUTH 00030'21" WEST, A DISTANCE OF 995.72 FEET TO
THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE
CONTINUE SOUTH 00030'21" WEST, A DISTANCE OF 603.18 FEET; THENCE
NORTH 89029'39" WEST, A DISTANCE OF 200.00 FEET THENCE NORTH
00030'21" EAST, A DISTANCE OF 603.18 FEET; THENCE SOUTH 89029'39" EAST,
A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 120,636 SQUARE FEET OR 2.77 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS, RESTRICTIONS AND/OR RESERVATIONS OF RECORD.
BEARINGS BASED ON THE EAST LINE SECTION 18, TOWNNSHIP 51 SOUTH,
RANGE 27 EAST, COLLIER COUNTY, FLORIDA, AS BEING SOUTH 00'32 '17
WEST.
*Industrial Parcel
AND
LEGAL DESCRIPTION
PARCEL 'E'
A PARCEL OF LAND LYING IN THE EAST 1/2 OF THE EAST 1/2 OF THE EAST 1/2
OF SECTION 18, TOWNSHIP 51 SOUTH. RANGE 27 EAST, LYING NORTH OF U.s.
41, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
Aaenda i18m NO.1 DC
l'~ove:;l[)e!' 'L',. ~O()7
2::) of 78
COMMENCING AT A POINT, SAID POINT BEING THE INTERSECTION OF THE
EAST SEmON LINE OF SEmON 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST,
COLLIER COUNTY, FLORIDA AND THE NORTH RIGHT-OF-WAY LINE OF U.s, 41,
THENCE N.00032 'l7"E. A DISTANCE OF 704.02 FEET ALONG THE EAST LINE OF
SAID SECTION 18, THENCE N.89026'36"W. A DISTANCE OF 303.51 FEET TO
THE EAST .RIGHT-OF-WAY OF BASIK ROAD.; THENCE NOo033'23"E. A
DISTANCE OF 75.86 FEET TO THE POINT OF CURVATURE OF A CURVE: TO THE
LEFT; HAVING A RADIUS OF 360.00 FEET, A CENTRAL ANGLE OF 30006'49", A
CHORD BEARING OF N.14030'01"W. AND A CHORD LENGTH OF 187.04 FEET;
THENCE ALONG THE ARC OF SAID CURVE. AN ARC LENGTH OF 189.21 FEET TO
THE POINT OF TANGENCY OF SAID CURVE; THENCE N.29033'26"W., A
DISTANCE OF 50.76 FEET TO A POINT ON A CURVE: TO THE RIGHT, HAVING A
RADIUS OF 40.00 FEET, A CENTRAL ANGLE OF 24070'0", A CHORD BEARING OF
N.17023"27"W. AND A CHORD LENGTH OF 16.86 FEET; THENCE ALONG THE
ARC OF SAID CURVE. AN ARC LENGTH OF 16.99 FEET TO THE POINT OF
REVERSE CURVATURE OF A CURVE TO THE LEFT, HAVING A RADIUS OF 50,00
FEET, A CENTRAL ANGLE OF 111049'11 ", A CHORD BEARING OF N.61007'11'w'
AND A CHORD LENGTH OF 82.82 FEET; THENCE ALONG THE ARC OF SAID
CURVE AN ARC LENGTH OF 97.58 FEET TO THE END OF SAID CURVE; THENCE
N.00030'21"E., A DISTANCE OF 7.96 FEET; THENCE N. 00030 21"E., A
DISTANCE OF 1600.00 FEET TO THE POINT OF BEGINNING; THENCE
N.89029'39"W. A DISTANCE OF 200.00 FEET; THENCE N.00030 21" E. A
DISTANCE OF 600.00 FEET; THENCE S. 88015'58"E. A DISTANCE OF 200.00
FEE, THENCE S. 00030'21"W A DISTANCE OF 595.72 FEET TO THE POINT OF
BEGINNING.
CONTAINING 2.74 ACRES MORE OR LESS
*Industrial Parcel
item l\lei, 1UC
1 r'I"
-
F'a;J(~; 2S of "7c',
Exhibit B
Legal Descriptions for Southern Development Company
A PORTION OF THE NORTH 1/2 OF SECTION3, TOWNSHIP 51 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, AND MORE PARTICULARY AS FOLLOWS:
PARCEL 1:
FROM THE EAST QUARTER CORNER OF SECTION 3 RUN WITH SECTION LINE
SOUTH 0041'31" WEST, A DISTANCE OF 612.57 FEET; THENCE NORTH
89018'29" WEST, A DISTANCE OF 722.35 FEET TO THE INTERSECTION OF THE.
WEST RIGHT-OF-WAY LINE OF A COUNTY DRAINAGE CANAL WITH THE NORTH
RIGHT-OF-WAY LINE OF STATE ROAD #90 (TAMIAMI TRAIL): THENCE WITH
SAID TRAIL RIGHT-OF-WAY LINE NORTH 54020'16" WEST, A DISTANCE OF
1647.51 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING
WITH THE TRAIL RIGHT-OF-WAY LINE NORTH 54020'16" WEST, A DISTANCE
OF 440 FEET; THENCE NORTH 35039'44" EAST A DISTANCE OF 400.00 FEET;
THENCE SOUTH 54020'16" EAST, A DISTANCE OF 440 FEET; THENCE SOUTH
35039'44" WEST, A DISTANCE OF 400.0 FEET TO THE POINT OF BEGINNING.
AND
A PORTION OF NORTH 1/2 OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26
EAST COLLIER COUNTY, FLORIDA, AND PARTICULARLY DESCRIBED AS
FOLLOWS:
PARCEL 3:
FROM THE EAST QUARTER CORNER OF SECTION 3 RUN WITH SECTION LINE
SOUTH 0041'31" WEST, A DISTANCE OF 612.57 FEET; THENCE NORTH
89018'29" WEST, A DISTANCE 722.35 FEET EAST TO THE INTERSECTION OF
THE WEST RIGHT-OF-WAY LINE OF A COUNTY DRAINAGE CANAL WITH THE
NORTH RIGHT-OF-WAY LINE OF STATE ROAD #90 (TAMIAMI TRAIL); THENCE
TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING WITH THE TRAIL
RIGHT-OF-WAY LINE NORTH 54020'16" WEST, A DISTANCE OF 880 FEET;
THENCE 35039'44" EAST A DISTANCE OF 400,0 FEET; THENCE SOUTH
54020'16" EAST, A DISTANCE OF 880 FEET; THENCE SOUTH 35039'44" WEST, A
DISTANCE OF 400.0 TO THE POINT OF BEGINNING.
AND
AqsrrJc. i18r'., h,c. i DC
N:wember '1 J. 2007
Page 27 of 78
PARCEL 4
CERTAIN LANDS SITUATED IN THE NW 1f4 OF SECTION 3, TOWNSHIP 51
SOUTH, RANGE 26 EAST, COLLIER COUNTY, STATE OF FLORIDA
FROM THE NE CORNER OF SAID NW 1f4, RUN WITH THE SECTION LINE NORTH
89023'53" WEST A DISTANCE OF 324.27 FEET TO THE EAST RIGHT-OF-WAY
LINE SOUTH 35040'08" WEST A DISTANCE OF 324.27 FEET TO THE EAST
RIGHT-OF-WAY LINE SOUTH 35040'08" WEST A DISTANCE OF 1252.72 FEET TO
ITS JUNCTION WITH THE NORTH RIGHT-OF-WAY LINE OF STATE ROAD #90;
THENCE WITH THE RIGHT-OF-WAY LINE OF STATE ROAD #90 SOUTH
24019'52" EAST A DISTANCE OF 69.99 FEET AND SOUTH 54020'16" EAST A
DISTANCE OF 379.38 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 35039'44" EAST A DISTANCE OF 400 FEET;
THENCE SOUTH 54020'16" EAST A DISTANCE OF 200 FEET;
THENCE SOTUH 35039'44" WEST A DISTANCE OF 400 FEET;
THENCE NORTH 54020'16" WEST A DISTANCE OF 220 FEET;
TO THE POINT OF BEGINNING.
lIeF) 1\10. ~ OC;
. ,'-.,"-.
""
Exhibit B
Legal Descriptions for Habitat for Humanity of Collier County
Parcell:
Commencing at the Southeast corner of Section 12, Township 51 South, Range
26 East, Collier County Florida, thence along the East line of said Section 12,
North 00011'20" East 2743.15 feet to the East 114 corner of said Section 12;
thence continue along said East line of Section 12, North 00027'50" East 894.35
feet; thence North 89056'55" West, 443.00 feet for a Place of Beginning; thence
North 89056'55" West, 475,53 feet; thence North 00034'06" East, 490.97 feet;
thence South 89056'55" East, 474.64 feet; thence South 00027'50" West, 490.97
feet to the Place of Beginning; being in the Southwest 114 of the Northeast 114 of
Section 12, Township 51 South, Range 26 East, Collier County Florida.
AND
Parcel 2;
Commencing at the Southeast corner of Section 12, Township 51 South, Range
26 East, Collier County, Florida, thence along the East line of said Section 12,
North 00011'20" East, 2743.15 feet to the East 114 corner of said Section 12;
thence continue along said East line of Section 12, on a bearing of North
00027'50" East, 894.35 feet to a set tack; thence run North 89056'55" West for
918.53 feet to a set iron pin with survey cap #LS 4273 which is the Point of
Beginning; thence run North 89056'55" West for 443.98 feet to the West line of
the Southeast 114 of the Northeast 114 of said Section 12 which is marked by a set
iron pin with Survey Cap #LS 4273; thence along said West line run North
00034'06" East for 490.98 feet to the North line of the southeast 114 of the
Northeast 114 of said Section 12 which is marked by a iron pipe with Survey Cap
#LS 4273; thence along said North line run South 89056'55" East, 443.00 feet to
a set iron pin with Survey Cap #LS 4273; thence South 00026'50" West for
490.08 feet to the Point of Beginning; being in the Southeast 114 of the Northeast
114 of Section 12, Township 51 South, Range 26 East Collier County Florida.
AND
Parcel 3:
TOGETHER WITH A Non-exclusive access easement for the benefit of Parcell
over and across te Southerly thirty (30) feet of the following described property:
,L..;1enda l1em No, '1 DC
!\lovernberi ~L 2007
Page 29 oj 78
Commencing at the Southeast corner of Section 12, Township 51 south Range
26 East, Collier Count, Florida; thence along the East line of said Section 12,
North 00011'20" East, 2743.15 fee to the East 114 corner of said Section 12;
thence continue along said East line of Section12, North 00027'50" East, 894.35
feet for a Place of Beginning; thence North 89056'55" West, 443.00 feet; thence
North 00034'06" East, 490.97 feet; thence South 89056'55" East, 443.00 feet to
the East line of sais Section 12; thence along said East line of Section 12 South
00027'50" West 490.97 feet to the Place of Beginning; Being in the Southeast
quarter of the Northeast quarter of Section 12, Township 51 South, Range 26
East, Collier County, Florida.
AND
File Number 1302-5-1164
The West 112 of the East 112 of the East 112 of the Northwest 114 of the Northeast
114 of Section 12, Township 51, South, Range 26 East excepting the North 30 feet
thereof, which is reserved for road purposes, and The East 112 of the East 112 of
the East 112 of the Northwest 114 of the Northeast 114 of Section 12, Township 51,
South, Range 26 East, excepting the North 30 feet thereof, which is reserved for
road purposes, of the Public Records of Collier County, Florida.
1I8rT: r{:~<, iDe
:~, ~C(j~"
Page 3G of 78
Exhibit B
Legal Descriptions for MCKK Property Acquisitions, LLC
THE NORTH '/2 OF THE NORTHEAST % OF THE SOUTHEAST % OF SECTION 10,
TOWNSHIP 51 SOUTH, RANGE 26 EAST, PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA.
AND
THE SOUTH V2 OF THE NORTHEAST % OF THE SOUTHEAST % OF SECTION 10,
TOWNSHIP 51 SOUTH RANGE 26 EAST, PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA.
US 41/ SR 951 Developer Consortium' 1
EXHIBIT C '
Aerial Photo Date: Jan 2007
W1~f
Developer Consortium
4001 Tamiam Trail N ,#300
1.000
Naples, FL 341031.....""" co...~...",PA".""'~~"'"_.'"'
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Page 44 of 78
PROJECT: :
PARCEL:
FOLIO:
WARRANTY DEED
THIS WARRANTY DEED made this _ day of , 20_, by,
whose post office box is , (hereinafter referred to as "Grantor") to COLLIER COUNTY, a
political subdivision of the State of Florida, whose post office address is 3301 Tamiami
Trail East, Naples, Florida, 34112 (hereinafter referred to as "Grantee").
(Wherever used herein the terms "Grantor" and "Grantee" include all the
parties to this instrument and their respective heirs, legal representatives, successors
and assigns. Grantor and Grantee are used for singular or plural, as the context
requires
WITNESSETH: That the Grantor, for and in consideration of the sum of Ten
Doliars ($10.00) and other valuable consideration, receipt whereof is hereby
acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and
confirms unto the Grantee, all that certain land situate in Collier County, Florida, to wit:
See attached Exhibit "A" which is
incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
THIS HOMESTEAD PROPERTY
TOGETHER with all the tenements, hereditaments and appurtenances thereto
belonging or in anywise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
AND the Grantor hereby covenants with said Grantee that the Grantor is law1ully
seized of said land in fee simple; that the Grantor has good right and law1ul authority to
sell and convey said land; that the Grantor hereby fully warrants the title to said land
and will defend the same against the law1ul claims of all persons whomsoever; and that
said land is free of all encumbrances except as noted above.
IN WITNESS WHEREOF, the said Grantor has signed and sealed these
presents the day and year first above written.
WITNESSES:
(Signature)
(Print Full Name)
(Signature)
(Print Full Name)
Aaenda item NO.1 DC
'November 13. 2007
Page 45 of 78
(Signature)
(Print Full Name)
(Signature)
(Print Full Name)
STATE OF
COUNTY OF
The foregoing Warranty Deed was acknowledged before me this _ day of
,20_, by ,who:
is personally known t.o me
OR
produced
identity.
as proof of
(affix notarial seal)
(Signature of Notary Public)
(Print Name of Notary Public)
Serial/Commission # (if any):
My Commission Expires:
STATE OF
COUNTY OF
The foregoing Warranty Deed was acknowledged before me this _ day of
,20_, by ,who:
is personally known to me
OR
produced
identity.
as proof of
(affix notarial seal)
(Signature of Notary Public)
(Print Name of Notary Public)
Serial/Commission # (if any):
My Commission Expires:
Last Revised: 2/6/07
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URS
Memorandum
Date:
September 25, 2007, Revised October 18, 2007
To:
Nick Casalanguida
Director of Transportation Planning
Robert Cursey, AICP
Lisa Heimburg, PE
Robcrt Johnson, PE
From:
Project:
U.S. 41 (S.R. 90) from Collier Blvd. (CR 951) to Sonoma Road
Collier County
Subject:
KITE REALTY IMPROVEMENTS TO US 41
This memorandum evaluates the proposed improvements to US 41 by Kite Realty to determine if they are
consistent with the US 41 PD&E Study performed by the Florida Department of Transponation (FDOT).
Findings presented in this memorandum are the result of:
. Joint meetings and discussions with County staff, Kite Realty and representatives of the US 4]
consortium held on August 31, 2007,
. A joint meeting with FDOT design staff an,] Kite Realty on September 20, 2007, and
. Our technical review and analysis of conceptual desih'11 plans prepared by US 4] consortium
eonsu]tant R W A.
. Telephone conference call on October ]6, 2007 with representatives of the US 4] consortium.
Roadwav Issues
Six Lane Urban Typical Section (From West ofCR 951 to Mondago Lane) - Concept is consistent with
PD&E Study.
. This area is a transition area through the intersection maintaining the existing design speed of 45
mph.
. On the north side, the 5' area behind the curb should be nat or have a relatively nat slope.
. Use of 2:] slopes adjacent to the right-of~way line may result in difficulties with driveway
connections.
Four Lane Suburban Typical Section (Mondago Lane to Sonoma Road) - Interim and Future number of
lanes arc consjstent with the PD&E Study. Sidewalk on tbe north ha... been removed and detention areas
are within the right of way. These changes are addressed below.
t\genda irem j\;Q, 10':
i\1Q\ier.-:~_,e: 1 20'=!~
P3;:J8 5C of 78
. Dry detention and water quality areas are provided within the existing right-of-way.
. The sidewalk on the north side of the roadway has been removed to accommodate the dry
detention areas. FOOT indicated this would he acceptable if the adjacent property owners extend
the existing sidewalk from CR 951 to Naples Reserve Boulevard.
. The nonh side has a non-recoverable 3:] slope within 30' of the travel lane. This does not meet
the Departments clear zone criteria. When the 5'" and 6" lanes are added, this area will be
reduced by an additional 12 feet. Guardrail has been added but also recommend shoulder gutter
be added to the westbound travel lanes.
. The berm between the diteh/swale and the canal is minimal. Recommend increasing the size of
the berm from 2 feet to 5 feet for maintenance.
. The 6: I and 2: I slopes adjacent to the right-of-way line on the south side will only accommodate
a 2' differential in grade. Anything in excess of this will require a wall.
. Trail width of 10 feet is consistent with the US 4] PD&E Study.
. Use of 2:1 slopes adjacent to the right-of-way line may result in difficulties with driveway
connections. Flatter slopes may be required at driveway connections.
. Median openings proposed do not meet the current FOOT Access Management Classification 3.
Directional median openings should be 1320 feet apart and full median openings are 2640 feet
apart. Each opening will need to be addressed during design with the Departments access
management staff.
. The transition at the end of the projcct will need to meet the FOOT Design Standards, Index 526,
for a design speed of 55 mph.
Draina!!e Issues
The following issues were identified during a review of the proposed plans and from a meeting held at
FOOT District I in Bartow on September 20, 2007.
. A preliminary Pond Siting Report (PSR) was developed during the US 41 PD&E Study to
identify potential offsite pond sites in the vicinity of project alignment. The proposed Kite Realty
design by R W A would use roadside ditches to satisfy storm water management requirements
versus the offsite pond sites identified in the PSR. The typical section shows the stormwater
management facility (SMF) roadside ditch on the left side of the roadway adjacent to a canal.
Roadway runoff will sheet flow directly into the SMF ditch from the left side of the roadway.
Roadway runoff from the right side of the alignment will be conveyed by pipe to the proposed
SMF ditch on the left side. The FOOT indicated that this would be acceptable if the applicant
meets the water management criteria.
. FOOT indicated they did not want a bubble up pipe connection in the SMF ditch at the
downstream end of the pipe conveying runoff from the right side of the alignment. FDOT stated
that a deep connection in the SMF ditch would be acceptable as long ~ it could be accessed.
RW A stated that the slormwater management ditches will utilize dry delention for stormwater
management.
. FDOT inquired as to the method of treatment volwne recovery. RW A stated that recovery will
be provided hy bleed-down devices [versus natw-al or man-made infiltration]. FDOT is in
t:<lenda Item Na, 1 CC
'f~ovember 13. 2007
Page 51 of 78
agreement with this design approach provided all requirements of FAC 14-86, [FDOT Manual,],
and the SFWMD can be met.
. Stormwater treatment volume will be required for the ultimate six-lane section.
. Thc outfall for the project may be tidally controlled and may not require attenuation, Although
attenuation may not be required, un-attenuated discharge rates have the potential to create
increased headwaters at hydraulic reache, along the outfall system. FDOT cautioned that if
attenuation is required, the allowable post development discharge rate may be reduced by a
percentage of the actual pre.development discharge rate. Discharge requirements need to be
clarified at the SFWMD Pre-Application meeting.
. The proposed crossing at Henderson Creck will require a bridge structure. The bridge structure
design must include a Bridge Hydraulic Report. Since the project is tidally CQl1trolled, all Bridge
Hydraulic Reports shall be performed by a coastal engineer.
. Base clearance requirements should be set by the FDOT Plans Preparation ManuaL Base
clearance controls should be identified in the Dc,ign High Water report.
. Total Maximum Daily Loading (TMDLs) requirements may apply to this project. TMDL
requirement' should be cleared with the SFWMD during the Pre-Application Meeting.
. The project traverses tidally influenced flood zones. Floodplain compensation for filling within
the flood zone should not be an issue,
Q!!!!
The cost estimate was prepared using MS Excel spreadsheets that model costs similar to the FDOT LRE
program. Typical section characteristics arc entered such as segment length, number of lanes, lanes
widths, shoulder data, drainage system types, pavement sections, etc. and individual pay items and
quantities are generated. The pricing is obtained from bid tabulation data from FDOT that is updated
monthly. This data is aggregated and anaiyzed for various parameters such as bid date, FDOT District and
County, individual bid item quantities, and project size. This estimate is based on the attached plans. was
updated in October 2007, and has no escalation applied. As such, this construction cost estimate is
conceptual in scope and pricing. It is recommended that the construction costs he updated as design
progresses or when significant new design information hccomcs available.
Estimated Construction Cost.................................,.......,..,......,..,.....,...............,......................,.., $44,024,145
Estimated Design 7% ...................... ................ .............................................................................. $3,081,690
Estimated Construction Engineering and inspection 8%.............................................................. 53,521,932
Total Estimated Construction Cost .............,............................................... ............................ $50,627,767
Estimated Right-of-Way Cost in NW Quadrant of US 411CR 951.................................-.......... 5690,618
Estimated Wetland Mitigation Cost.......................................................................................... $1,620,000
Total Estimated Cost ................................................................................................................ $52,938,385
Aqendc; 11em No. I DC
j\.D'/eir~)sr ': ~~. 2007
Vanassea-.
Daylol~ I
MEMORANDUM
Urban Planning
landscape Architecture
Civil Engineering
T rafflc Engineering
Fllic lC0000366
To:
From:
Nick Casalanguida
Reed K. Jarvi, PE
Eric Strickland, Jay Malamphy
October 16, 2007
US 41 Developers Consortium
Cc:
Date:
Re:
Vanasse & Daylor LLP (VanasseDaylor) is providing this summary of the operational analysis
of the Tamiami Trail (US 41) & Collier Boulevard (SR 951) intersection for future years on a
phased basis. In accordance with agreement between staff and the development team, it was
agreed that the analyses will be actual projections and not Collier County Concurrency
Management System projections. Therefore, the existing traffic was projected forward to the
three phase years to determine the background traffic. The Fiddlers Creek development was
projected to the phase years at the rate of 360 du's annually. The US 41 Developers Consortium
traffic was projected based on the phasing schedule. The intersection analyses were completed
using the existing intersection geometry for the 200S (Phase I) and 20 I 0 (Phase 11) analysis and
using the improved intersection buildout geometry for 2013 (Phase III).
The improved intersection buildout geometry or lane configuration was determined by a recent
PD&E study conducted by the Florida Department of Transportation (FOOT). This study
showed three through lanes at each approach, triple left turn lanes at each approach, dual
eastbound and westbound right turn lanes, single right turn lanes for the southbound and
northbound approaches, with a channelized northbound right turn lane.
Each project from the US 41 Developers Consortium was individually added together to fornl the
consortium traffic. This traffic along with the Fiddlers Creek traffic was added to the
background traffic (growth rate only) to determine the total traffic. The Synchro 6.0 program
12730 New Brittany Boulevard, Suite 600, Fort Myers, Florida 33907 , )39.437.4601 f )39.437.4636 w vanday.com
I Pro,iects",R09\R097 5',.T raflic\Septembcr2007 _ Update\8097:5 _] ntOpAnalysis _ 04SummaryMemo .doc
Joh Number: 80975,02
Agenda Item No.1 DC
Novembe:-13,2007
Page 5:j of 78
was utilized to determine the Level of Service (LOS) of the overall intersection and the
individual turning movements. Table 1 summarizes the LOS analysis results.
TABLE I
LOS with existing
intersection geometry
in 2008
Intersection Movement LOS
Intersection US 41 eastbound US 41 westbound SR 9S I northbound CR 951 southbound
LOS Left Thru Right Left Thru Right Left Thru Right Left Thru Right
US41 &CR951 PM
Background Traffic
D
E
C
B
D
C
E
D
D
B
D
D
A
Total Traffic
E
E
D
B
D
D
F
E
E
A
F
D
A
LOS with existing
intersection geometry
in 2010
US 41 eastbound
Left Thru Right
US 41 westbound SR 951 northbound CR 9S I southbound
Left Thru Right Left Thru Right Left Thru Right
US41 &CR951 PM
Background Traffic
D
E
C
B
D
D
E
D
D
B
D
D
A
Total TraffiC
E
F
E
B
E
D
F
E
F
A
F
E
B
US 41 & CR 951 PM
LOS with improved
intersection geometry
in 2013
US 41 eastbound US 41 westbound SR 951 northbound CR 951 southbound
Left Thru Right Left Thru Right Left Thru Right Left Thru Right
Background Traffic
C
D
D
B
D
D
B
D
D
A
D
D
A
Total Traffic
D
D
E
B
D
D
B
D
E
A
E
E
A
As can bee seen in Table I, the US 41 & CR 95] intersection is expected to operate within
Collier County LOS standards for 2008, 201 0 and 2013 background and total traffic conditions.
However, with the total traffic, there are some individual movements that are below standards for
2008 and 20 I O. However, with the improved intersection buildout geometry of the intersection
in peak season 2013, intersection is projected to operate within LOS standards.
End of'Memorandum
12730 New Brittany Boulevard, Suite 600, Fort Myers, Florida 33907 , 239.437.4601 f 239.437.4636 w vanday.com
I :\Projccts\809\80975\ Traffic\September2007 ~ Update\80975 _lntOpAnalysis_ 04SummaryMemo,doc
Job Number: 80975.02
b.gendEJ Item No, 10C
i\lO\iSmber i 3. 2007
Page 54 of 78
TECHNICAL MEMORANOUM
CH2MHILL
TIS dated September 24, 2007 - Review Comments
US 41 Developers Consortium Traffic Report
PREPARED FOR:
Nick Casalanguida, Collier County
Pramod Choudhary, CH2M HILL
Vanasse & Daylor, LLP
October 22, 2007
PREPARED BY:
TIS Prepared By
DATE:
1. General: The Measures of Effectiveness (MOEs) from Synchro analysis shown in the
summary table for 2008, 2010, and 2013 conditions are correct. Some individual
movements would operate at LOS E or F in 2008 and 2010 under total traffic conditions
and existing geometry. The proposed build-out of the intersection will provide
acceptable operations in 2013 under total traffic conditions.
2. Tum Lane Storage: The turn lane storage lengths appear to have been estimated based
on the 95"' percentile queue lengths obtained from the Synchro analysis of the
intersections. Sometimes the 95'" percentile queue lengths reported by Synchro have
some conditions associated with them, especially under saturated conditions, and may
not be valid for the determination of the required turn lane storage lengths. Under such
conditions, the SimTraffic module of the Synchro software should be utilized for the
determination of the turn lane storage lengths. 111e intersection operations should also
be checked visually for any fatal flaws or operational deficiencies. Nick, for 2008 and
2010 conditions, the applicant should utilize SimTraffic for establishing interim turn lane
storage lengths.
US 41 DEVELOPERS CONSORTIUM_TRAFFIC REVIEW.DQC
AgenGCl Item Nc, 10C
November '13. 20Cl~
Page 55 or 78
DEVELOPER CONTRIBl:T10N AGREE'VIEI\'T
CS 41 DEVELOPERS' CONSORTIUM
THIS DEVELOPER ('ONTRlBUTJON AGREEMENT (hereinafter referred to as the
"Agreement") is made and entered into this __ of __~__ 2007. to be effective as of the
date upon which this A!,'Teement IS approved by the Board of County Commissioners of Collier
County (the "Effective Date"), by and among NAPLES RESERVE, LLC, a Florida limited liability
company, KtTE EAGLE CREEt..: tI . LLC, an IndIana limited liability company, KRG EAGLE
CREEt..: IV. LLC an Indiana limited liability company, KRG 951 & 41. LLC an Indiana limited
liability company, TOLSA HO'IES, INC., a Florida corporatIon, NAPLES GOLF ()EVELOI'ME:\T.
LLC, a Florida limited liability company. ABC LJQ110RS. INC.. a Florida corporation. NAPLES
SOl'TtI. LLC a Florida limited liability company, NBC RV. LLC a Florida limited liability
company, NBC LAN!) HOLDINGS. LLC, a Florida limited liability company. NAI'LES BIG
CVI'RESS MARKET I'LACE LIMITED I'ARTNERSIIII', LLLl', a Florida limited partnership,
Sot'TIIEIl" ()EVELOPMEI"T COMP,\"\'. INC.. a Florida corporation. REALTVNET RlC,u. ESTATE.
LLC a Flonda limited hahility company. IhlllTAT FOil HIIMA"IT\" OF COLLIER COliI"T\".
Iv:.. a Fiorida non-profit corporatlon, and MCKK f'ROt'ERT\" ACQltSlTIO'iS. LLC, a Florida
l1mited liability company (each a .'Developer" :md. collectl\,\,.'1y'. the "COllS(lrtwm Developers") and
COU.lER COl'I"TY. FLORIDA. a pol1tic111 suhdivision of the State ofFlocida (heremailer referred
to 11S "Count,,"). All capItali/ed lem1S not dcilned herein shall have the same meaning as set
forth !n the Collier COUTlly Ccmsobd3tcu Impac1 [:cc Ordinance, ()rdinancc 1\0. 2UO 1-1~, as
amended.
RECIT ALS:
WHEREAS. the ConsortIum Developers each own or control portions of tbe
development projects (each a "Development" and collectively, the "Developments"), identified
graphIcally in Exhibit "A" and hy legal descriptions in Exhihit "B" ami located in unincorporated
Collier County. Florida; ami
WHEREAS. LDC Section IO.02.07.C.4. provides that "Upon approval by the Board of
COlmty Commissioners. anv applicant shall enter into an enforceable development agreement
WIth Collier County pursuant to the provisions of F.S. ~~ I (,~.3220..163.3242 or other agreement
acceptable to the Board of County COmnllSSlOners. in conjunction with the approval of a
development order and/or a certiflcatc of public facilny adcquacy. The effect of the developmcnt
acreement shall be to bind the parties pursuant to the tem1S and conditions of thc development
at:recmenl and the ccrtiilcate of puhlie faeilnv adequacy in order to insure that adequate public
r'~cilities arc: availahlc to servc the proposed de\'elopm~nt concurrent with "hen the impacts of
Ille development occur on the puhlle faCllllIes;"' and
WHERE/\S, the Con,onlum Developers and tile County desire to enter 111tO this
:'\gn.::eml:t11 in order to Qranl to each Developer ve-sted concurrency rights with respect to lilt:
[)~vclopl1lent owned 0; controlled hy It, 111 exchange for the Consoniu111 Developers fully
funding. at their sole cost and expense, the desi!,'11, pem1itting, construction, Construction-
Engineering andlnspeetion (CEI), and land acquisItion for the Road Project. The Road Project
shall coJlsist of (I) at L,'rade mtersection improvements at the interseetIoJl or CR Route 951 and
-1-
,L\ClenCEi item 1"Jo, i DC
}~ ovembe~ ; 3. 2007
;:'cl;JS 5'~; of 73
SR Route 41, 12) six lane road improvements from the intcrsection of CR Routc 951 and SR
Route 41 to Henderson Crcek, and (3) four lane road lmprovemcnts from Henderson Creek to
0.25 miles cast of Naples Reserve Blvd.. all as generally depicted on the Project Overview Map
attached as Exhihit "C' and the conceptual cross-sections as set forlh in Exhihit "D." All work
to be perfomled In conjunction wlth the Road Project will hc designed and constructcd in
aceord,mce with the preliminary pians sct fonh as Exhihit "1::' and will hc subject to State and
County approval. The panics agree that the final plans may change and shall he subject 10
SFWMD approval. The Road Prolcet improvements shall include bndge. culven ami
CR'!5 IiLS-41 intersection lmprovemems as depicted in Exhihn "F" that havc heen approved by
FDOT for general compliance with the US 41 PD&E study. The pames hercto estimate that the
total cost of the Road Project is approximately S52,938.385 IrrespectIve of the actual cost ofthc
Road Project. and as more particularly set forth herein, the ConsortIum Developers shall he
granted the total sum of S29.1 J 1.372. I 7 in Road lmpact Fcc Credits; and
WHEREAS. the Countv is wilhng to enter imo this Agreement in order to accelerate the
improvcmt:n1 of this. mtcrsection and road at a cost \\'"hich the County bclien:~ is less than thaI
which the COU1l1Y could otherwise ohtain. and
\VHEREAS. the Transportation Administrator of the Count;,. has recommended tu the
Board of County C'ommlSStOners that the Road Project set lorth in thiS ,\greement IS 111 the
confor.l11i\' wlth the: contemplated Impnwcmcnts and additions to the COUI1ly"~ transportation
I1L.'l\\'orL, .::mD
\\-'HERE.",,\S, after reLlsoned consldcrallon b) the Hoard (',r COUlll\ Commlssioners,. till
BOJ.rd fl!1d~ and rcafrlnn:-; thaI.
d. The Road ProJect IS In conformity w[th the contemplated nnpro\'cmcnts
and additions to the County's transportation system;
h. The Road ProJect. viewed in conJunctwn with other existing or othcr
proposed plans. includmg those from other developers. will not adverselv impact the cash
now or liquidIty of the Count.:--"s road impact fee tnlst accounts in such d way a~ to
frustrate or lIl1crfcrc \\'Jth other planned or ongolllg growth-necessitated capital
Improvements and additions tn tlv: County"s transportation system: and
c. The Road PrOlect IS consistent with both the puhlic interest and with the
cOlnprehcnsl\'c plan, the LOl1t: Range Transportal1of! Plan and conlph:::.'~: \,;jrh the
requirements of the Colli'2r County Comohdated Impact Fcc Ordinance.
WITNESSETH
NO\\. THEREFORE. 111 conSideration of Ten DolI"rs (i ILOO) and other good and
valuahle considcratJon exchanged amongst the partie~, and in consideration of the covenants
cont31ncd here-ln, the parties a~,JTee as follows'
,
_ __,_,_,__~..,m.._'_'''''____''___ ._--,_."~-"~--"._-~-~_.._'-""'_..._.~"
..A.C1enda Iter:: N-::-J. 1 DC
T\!overnbei 13, 2007
Page 57 of 78
1. All of the ahove RFClT ALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below.
Developers' Commitments
o The ConsortIum Developers will ["ully ["und, at their sole cost and expense, the
desib'll, permitting, construction, and land acquisition for the Road Project, and wil1 also providc
a County and FDOT approved CEI for the Roadl'roject. The Road Projcct shall bc submitted
tor review, pennitting and inspection through the Col1icr County Transportation right-of-way
department and FDOT through a joint application between Collier County and the Consortium
Developers and all comments from the County and State shall bc considered. All permit
applications will be filed on behalf of the County. Fmal acceptance shall be consistent with the
typical State or County acceptance process tor puhlic roads. Any and al1 construction
agreements relating to this Road Project must first be submitted to the County for approvaL
which approval shall not bc unreasonably delayed or withhcld. The County rcserves the right to
reql11re each and every construction agreement relating to the Road ProJect to contain a clause
that would allow for the assignabilIty o["thc agreement to the County at County's written request.
WIth such language to be prepared b\" the Office or the County ;\ttomey, the purpose of which
would be to allow the County [0 complete [he Road Prolect lfnccd be.
. . AI1 properly acquired in connectIon wllh this Road ProlCc( shall he promptly
conveyed to the Count),' III r~'2 sin1p1c, free and clear of all liens and encumbrances. rnaclc h: an
execuled General \\"arnmly Deed. suitahle for rccorchng. the general form of" whicll is attached
hereto as Exhibi1 "(i." Thl' Consortium Developers \vill pny the cOStS of any title \vorL and
searches, and shall be responsible ["or all co';ts ielr promptly removing or eUling any liens,
encumbrances revealed 111 any wle work. Upon receipt, the Count\" shall record each General
\\iarranty Deed 111 the Public Records of the County, and all costs of recording and conveyance
shall be paId by the Consol11um Developers,
4. County will condemn whatever parcels cannot be otherwise acquired in a
reasonably expedient manner. All costs of acquisition and condemnation (excluding staff time)
will be home by the Consorllum Developers. The County acknowledges that the Cons011ium
Developers arc ((lllowmg the current draft FOOT PD&E study prepared for the applicable
project area ["or right-of-way widths It is anticipated that the right-of-way takings will be
mininlal except for land required for \\.'alcr rnanagcmcnt and turn lanes.
5. 1"01 lalef than two hundred seventy (270) days after the Effective Dale, the
ConsortlumDcveloper::; shall post a pCrfOmHl1CC hond acceptable to County as a financial
guarantee for the then-estimated total design, permitting, construction, mItigation, eEl and land
acquisition cost of the Road Project. The Consortium and County a~'fec to review the
perfomwnee hond amount at thc milestone dates to reyise Ihc amount as mutually agreed upon
oy holl! panics to reflect the current project cngin~<.:r's estimate or the construction contract
amount. Should the Consortium fail to post the revised bond, then at anyllme after thirty (30)
days written notice \0 the Consortium, tbe County can declare the Consortium to be in substantial
breach o["this Agreement, in which event ja) the phasing schedule willlem1inatc: (b) the County
will call the perfom1ance bond: Ie) the County will build or cause to he huilt as much 0[" the
Road Project as financially feasible under the exisllng perfom1ancc bone\. with the Consortium
- 3 '
-",' -~-'''-''-'----,-,~.._,-_.._,..
J\o::'n;:a itf;r; i~C, "_
[\JDvembsr i~" 2CU7
Pa;1~ ~,.g of 73
Developers usmg their best cffllns III assist the County's efi(ms in completing the Road Project.
includmg but not lImited tll asslgnlllg any pemllts and agreements and completing the
conveyance of needed nght-ol~\\'ay: and (d) this .-\grcement shall terminate in all other respects,
cxccpt that the ConSlll11UlJJ shall still bc entitled to the Impact Fee credits, hut no addillonal
certificates of occupancl' shall he granted outside of the last approved completed pha",.
6. Within ninety (9(1) days after written request. 'Japles Reserve LLC will provide for
and ),.'fant and dedicate to the County a ]oO-foot reservation of rights for an altemative north-
south road way east ofColllcr Blvd. along the west property hnc of Naples Reserve. Such right-
of-way will he in the approximate location as depicted on Exhihit "H." In addition to donating
the road right-ot~wav, Naples Reserve LLC shall provide for the surface stomnvater
management for a four lane urhan section for the portion of the road constructed withm the
donated right~of-\\'ay, and provide drainage structure connections to the lilnit of the reservation
area. The right-of-way shall be donated at no CDst to the County as set tanh in paragraph J
above_
The Consortium Developers \\'ill abide 11\' a phasmg schedule Ie),. then respective
Developments as sellarlh I!l E,hibil "I... Phasing shall be done in accordance with the fDllowing
Project \'1 jk,-aoncs.
.. L,ipon postIr:t: o(thc Bond
. Commencement of Construction oi"thc Road Pro.iL~cl
. SuhstantlJ] complctJon of the Road PnJ.lCCl (all lanes opelJ to traffic)
Collier Counts Site Development Pernnls, SPDAs, I'PL's. Zllning and Buildlllg pcmlits can be
lssucd for all proJects upon C:\eClllJon of this Agreement, ho\\'c\'cr no ceni ficates or occupJ.ncy
will be issued until the Prolect \lileslOnes arc completed.
8. Each of the Dcvelopments may incorporatc mlO their respectl\c water
management systems. all required water quantity and water quality treatment for thc Road
Project The Consortium Deselopers shall cOl1lrihule right-of-way for the at grade impnl\cments
recommended 111 the FDOT I'D&E Studs and as required hy the South Florida Water
jvlan~gcmcn1 Distnct
Cnunh Cnmmitments
'.' The ('ounl\ bas detcmlined that the R.oad Proiect is an interim lmprr>\'emcnt
consistent with the FDUi' PD&E tbat provides capac;IV for the Consonium Deve-IopCE and
already vested adJaccnt devclopments Ie" a portion o[the study area. Accordlllglv. no additional
development appro\';;!]:.; thtll directly Impact this segment of l -S-4] will he granted outside of this
Ai!:fCCmcnt until thl' Road ProllTl IS cOll1plctcJ, liron cCJInplctiol1 DC the Project ttll' County
sh';lI evaluate the road\\'a)' ca-pacI1Y, hacl~~rnund traffic and vested tnps to dctcnninc if any
addiuonal approvals may be granted.
,A,qendB Item No.1 OC
T~0vember l:l 2007
Page 59 of 78
Benefits tn Develnpers
10. In accordance wIth the phaslllg schedule, as set forth in Exhihit ''I'' the
Consortium Developers shall receive the sum of $2<), I I 1.372. ] 7 in Road Impact Fee credits as
set forth in a copy of the Impact Fee Ledgers, attached as Exhibit "'.I". The credit for Road
Impact Fees identified herein shall run with each of the respective Developments and shall he
reduced hy the entire amount of each Road Impact Fee duc far each Building Pennit issued
thereon until the respective Development project is either complcted or the credits are exhausted
or otherwise no longer available, or have been aSSlb'1lcd hy operatlOn of or pursuant to an
assignment agreement with CounTy. The foregOIng reduction in the Road Impact Fees shall he
calculated based on the amount of the Road Impact Fees in effect at the time the Building Pennit
is suhmitted. The credits set IClrth herein shall he applied solely to Road Impact Fees, and shall
not offset, dlmmish or reduce any other charges, fees or other Impact Fees for which the
respective Developer, its successors and assigns are responsible in connection with the
dcvelopmell! of their lands. It is expressly understood that the Impact Fcc Credits will he
utilized in the order in which the Building Pemlits are reviewed oy the Impact Fee
A,clmll1istration, irrcspeetJve of whether De"eloper assigns allllrp;u1 of the Dcvciopmenl.
11. In accordance with the phasing schedule, as set forth in Exhihn "I" the
('onsortllTJ11 Dc\'elopers shall also reCCJ"C Cenificalcs of Adequate Puhlic Faei!itie,
("Ccnificatcs") vesting each of the respective r)evcl()pmcnl~ 10 construct those llnIts set fol111
thcrClIl ror Ihe purposes oC meeting the County's 1 ransponmioJl Concurrency requirement.;
Issuance of these CenifiC:l1es, howC'ver \\'ilJ nol rcllcTc lh~' respectIve ncvejorc~-s from then
respective oblIgatIon to pay road ImrHlC1 rees for theIr rcspcni\'c units.
Le2alI\Jatters
12. This Agreement shall not be constructed or characterIzed as a developmcnt
agreement under the Flomla Local Govcrnment Development Agreement Act.
U. The burdens of this Alo'Teement shall be hinding upon, and the benefits of this
Agreement shall inure to. all successors in interest to the parties to this Agreement. Upon giving
written notice to the County, each of the Developers mav assi!,.'1l ,111 or part of the Road Impact
Fcc Crechts to which the\' arc entitled utilillng the County's then cun'ent fonn of assJg:nmcnt. to
successor owners of al] of part of the Developments. or as otherwJse provided for in the Collier
County Consohdated Impact Fcc Ordinance. i\ Consortium Deveioper Olav transfer or assign all
or a portion of the approved density or square footage to another project on the s~nne roaclwJ.Y
link (US--l] from SR95 ] to GreenwaYI or that directly impac". the Jl11erscction of l'S-l ] with SR-
CR')51 as shown on Exhibit "C'. whether owned by that Consortium Dl,,'c1opcr or owned hy
another dcveioper.
14. Developer acknowledges that the t"ilure of thIS Ai,'Teementlo address any pemllt.
condition. tern1 or rcstricllon shall not relieve either the applicant or owner OT its successors or
assigns, of the necessity of complying with an:>' law" ordinance rule or regulation go\'<:rning said
pernlitting requJrements, conditions. tcmlS or restrictions.
- 5 -
Ll.aen3c] i~errl No. ': Oc:::
~r~c)Vembe[- on. 2007
Page 60 of 78
15. In the event state or federal laws are enacted after thc execution of this
Agreement, which arc applicable to and preclude in whole or in part the parties' compliance with
thc terms of this Agreemcnt, then in such event this Agreement shall be modified or revoked as
1S neccssary to comply WIth such laws, In a many Wh1Ch hest rencets the intent of tillS
A,-'I"eement.
)(,. Except as otherwise provided herein, this Agreement shall only he amended bv
~ . -
mutual written consent of the parties herelO or hy their successors in interest. All notices and
other communications required or pem11lted hereunder shall be in writing and shall be sent hy
Certified Mail. return receipt requested, or by a nationally recognized overnight delivery service,
and addressed to the parties at the addresses set forth in Schedule I to this Agreement, or such
other address of which a party hereto shall give notice. Notice shall be deemed to have been
given on the ncxt successive business day to the date of thc courier, if sent by nationally
recognized ovcrnight delivery service, or if delivered hy Certified Mail, upon actual receipt.
17. Each Developer shall execute th,S A!,.'Teement pnor to it being submitted for
approval by the Board or County Commissioners. This Agreement shall be recorded by thc
County 111 the Oflicwl Records of Coliier County, Florida. withl11 fClurteen (141 days after the
Efrecti\T Date. Developers shall pay all costs o[ recoromg this Agreemenl. The County shall
provide ;:1 COp:'" of the rec.orded document to the Developers upon n_~qllest.
18. in the event or an\' llispute under thiS Aic'Teement, the panics shall attempt to
resolve such U1SPU1e first hy mcans of the COUlltv's thcn-culTent :\ltemat!\e Dispute Resolul1on
Procedure. if any. FoHoWJIl); the conciusion or such procedure. 11' an::", cnhcr P:1T1Y mny lile an
action for InJunctlvc relici' in the CirCUIt C01l11 of Collier County 10 enfcl1"Ct' the terms of thiS
Agreement. and remedy hem; cllmlllJ1Jv,-~ \'dth any and all other rcmcdie:-; available to the p<lrtics
for the enforcement of the Agrcement.
19. This Agreement constitutes the entire agreement hetween the County and the
partics With respect to the activities noted herein and supersedes and takes the place of any <md
all previous agreements entered into between the parties hereto relating to the transactions
contemplated herein All prior representations, undettakings, and agreements hy or between the
parties hereto with respect to the suhjeet maller of this Agrcement are merged into. and
cxprcssl:d in. this Agrl:cmcnt, mid any and all prior representations, undertakings, and
agreements by and between such parties witb respccttbereto herehy are canceled.
~o. The indIviduals signing this Agreement on behalf of each party represents and
walTants that he or she has the full power and authonty to execute thiS ,\grcement for the party
upon whose' behalf he or she is executing same and thllt Ilpon such exccution, such party shall he
fully bound by each and every provision or nus Agreement.
:: 1 . Nothing contained herein shall bc deenled or construed to create henveen or
an10ng (;]l1Y of the pal1ICS any Joint. venture or partnership nor othcnvisc grant to one another the
right. authonty or power to bind any other pan\' hereto to any af,,'reemcnt whatsoever.
._(\-
Aaenda Iterri NO.1 D,:;
l\Jovember 13, 2007
Page 61 of 78
" This Agreement may he executed in separate counterparts, each of which when so
executed shall he an original. hut all of which together shall constitute but one and the same
instrument.
IN WITNESS WHEREOF, the parties hereto have caused this A,,'Tcement to he executed
by their appropriate officials. as of the date firs! above written.
Attest:
DW1GHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNn', FLORIDA
By:
Bv:
. Deputy Clerk
JAMES COLETTA. Cham11an
,
, .
f j: J
'\ppooveq ~s tqifoct),l.-
f' ':' ':' i!.'ir""~'~
and 1'e~rt'fjOJellcy
~..!,.:
I,: ' t \
:,' r, '.
.icfti-cy A l{,Jal1kow
ChleH\ssistrmt Counlv Altomc\
, --
\
,
-, -
Aqenda Item No. i DC
T-Jovernne:- ;3. 2007
Page 52 of 78
SIGNATURE PAGE TO
DEVELOPER CONTRIBUTION AGREEMENT
US 41 DEVELOPERS CONSORTIUM
\VITNESSES.
1\ Af'LES RESERVE, LLC, a Florida limited
liability company
By
Signature
"lame.
Printed Name
Title.
of Gulf Coast Naples Reserve, LLC the
Managmg \ilcmher of C\Af'LES RESEH\T.
LLC
Signature
Dated.
Primed Name
STATE OF
COUNTY OF
lSS
I
Before, a Notary Public m and for said Coumy and State, personally appeared
_,the of Gulf Coast Naples
Reserve, LLC. Managing 'vlcmber of '\IAf'LES RESERVE, LLC a Florida limited liability
company, who acknowiedgecltht execution of the foregoing instrument as such officer for and
on behalf or said limited liabilil\' company.
\Vitncss my hand and :\otariaJ Seal this
day oC
. lOin.
(SIgnature)
(printed name)
t\otaiy Pubiic
\1y CommissIon Expires.
County oCResidencc.
- s -
il:Jn~, t~Q_ 1 DC
1:3.2007
F'age 63 of 78
SIGNA TURE PAGE TO
DEVELOPER CO!\'TRIBUTlON AGRED1ENT
liS 41 DEVELOPERS CO!\'SORTll']\1
WITNESSES:
KRG '151 & 41. I.lc. an Indiana limi!ed
liahillt\ company
Sit-mature
Bv:
J\ amc:
I''>rintcd i\amc
Sit;naturc
Titk:
of Kilt: Realry Group Trust. Lhe G;;:~neral
p~jJ1neroCKit;: Rcai1:-' Group_ L.P.. the
h;1ana!o!ing Member of KRG '151 & 4l.
LLC
Dated:
Pnmed ~am~'
STATE (Jr:
I SS:
COL1<TY or
Bdore, a Notan PublIc in and for said County and State, personally appeared
._' thc.____._ _.___ Kite Realty Group Trust.
the General Partner of Kite Realt\ Group. L.P.. the Manag1llg Memher of KRG 951 & 41. LLC.
ail lndlan~l limited liJbilir) cor:lr:m~,. \\.!1o acknc)\\,'kdged tile execution c:f the f()rcgoinF
lnsrnrrncr.. as such officl';" for and D!1 hchal (of saId limited iiabilit: curnrmn:.
V\,Clm'~s~ Il,'\ iland :.md \:oldrial 5-2';:] thIS
01
. ~OO'"7.
(Slgnalure)
(primed 11:1:11(')
>~(nar.\ Pub"tic
~\'h Cot11mis51On Expires:
County of Resld~nc(::
- q-
L,Qenda Item r\!C', I D::
l\lovember 13. 2007
Page 64 of 78
SIGNATURE PAGE TO
DEVELOPER CONTRIBUTlOl'\ AGREEMENT
US 41 DEVELOPERS CONSORTIUl
WITNESSES;
TOUSA HmllS, INC., a Florida
corporation
By:
Si,,'nature
Name:
Printed Name
Title:
Dated:
Signature
Printed Name
STATE Of
..---- )
) 55
I
COUNTY OF
Before. a Notary Public in and for
. the
~.,...,,------ -_..~_."
a Florida corporation. who acknowledged the executJon
officcr for and on bchalf of said limited liability company
said County and State. personally appeared
. of TOUSA HOMES. he..
of the foregOlng instntment as such
WHness my hand and "otarial Scallhis
day of
.2007,
lsignature}
(printed name)
l'\otary Puhlic
'Vly Commission Expires:
County of Residence:
- 10-
.~._-""_'_____""__'~m,"~~__.__...__~.._._,..._.._..__
A02nda item i~o. 1 DC
-t>JovembSi13,2007
Page 65 or 78
SIGNATURE PAGE TO
DEVELOPER CONTRIBUTION AGREEMENT
LS 4J DEVELOPERS CONSORTIUM
WITNESSES:
NAI'LES GOLF DE\TLOP\lE!I<T, LLC, a
Florida limited liability company
Signature
By:
Name:
Printed Name
Title:
Slbmature
Printed "Jame
Dated:
STATE Of
)
I SS:
COUNTY OF
Before. a Notary Public in and lor said County and Statc, personally appeared
the of ~AI'LES GOLF
DEVELOP\lE';T, LLC, a Florida limited liahilJly company, who acknowledged the execution of
the foregoing instrument as such oflicer for and on behalf of said limited Iiahility company.
Viitness my hand and Notarial Seal this
day of
,20()7.
{signature')
(pri nted name!
"Jotary Public
:v1y Comnlission Expires:
('OU111y of Residence:
-11-
IT':::;'[1; ;<'~j. : ,'\..
:.~CtV'.:~n;n2: ~~, 200-;
66 of 1,3
SIGNATURE PAGE TO
DEVELOPER CONTRlBlTION AGREE!\lE'\T
liS 41 DEVELOPERS CONSORTIUM
WITl\ESSES:
ABC L1Ql'ORS. hc.. a Florida corporation
B\':
-~~."---~ _._-~.,.__..._----- . ---
Si,,'11aturc
'\ame:
Printed Name
Titk:
Sign;:llure
Dated:
}}nnlcd Name
ST AIF OF
j S~,:
COJ ::\T1' OF
Before. a Nowry Pubilc 111 and for said County and Slale, per~onajJ) appeared
. __ . the ___._._..__~______._ of ABC LIQl'ORS, INc.. a
Florida corporation, \vho ackllowledgcd the execution of the forcgomg instrunlent as such officer
for and on hehalf of said limited liability company.
\,"itncss my hand and \lotarial SCalll11s
d3\' of
" 211(17.
(Sit;nalun.::l
(printed J1J.m(.'i
~otary' T-'uhJic
f\-1:' C'0I11111ission Expire:;;
Count} of Residence:
- 12-
Aaenda Itern I'~c. 1 DC
1\lovernber L" 2007
Page 67 of 78
SIGNATURE PAGE TO
DEVELOPER CONTRIBUTION AGREEMENT
US 41 DEVELOPERS CO'\lSORTJU\'1
WITNESSES:
NAPLES SOVrH. LLC. a Florida limited
liability company
Signature
By:__________~~___~________
Name:
Printed Name
Title:
Signature
Dated:
Primed 1\amc
STATE OF
_.__~_ I
: 'oS:
COL:!\TY OF
Bef'ore, a 1\otary PublIe in and for saJd County and State, personally appeared
, the of NAPLES SOLTH, LLC,
a Florida limited liability company. who acknowledged thc execution of the forcgoing
instrument as such officer for and on behalf of said limlted liability company.
Witness my hand 3.'ld Notarial Seal this _ day of
,211(\7
(si-,-'I1aturel
i pl1nled name!
Notary Public
My Commission Expires:
Coumy of Residence:
- 13-
.~_~_._._w_
i~8rr, :'~c. ~l DC
200i'
f='age of 78
SIGNA TeRE PAGE TO
DEVELOPER C01\TRlBlTION AGREEMENT
US 41 DEVELOPERS CONSORTll'M
WlTJ\:ESSES:
"BC RV, LLC. 3 Fiorida limited liability
company
B\':
Signature
"arne:
Printed "amc
Title:
Sib'11aturc
l)ated
Printed Nz:.nlc
S1:\TL OF
: ~)S.
COL'';TY OF
Before, a l'\otar\ Public m J.nd for said County' and Stat~, personally appeared
" the of NBC RV. LLC. "
_.___.__._..._~ ..___....,...._w..__
Florida iin1ited liability company \\-'ho acknc'!\\'ledged the execution of the foregoing inslrument
as such f()1" and on behalf of said
\Vime" my hand and l\Olariai Seal tlm
day of
.1007,
(Slgnature 1
t, pruned na.:I11(')
>':ot~;y Puhlic
J'vly CommIssion Expires:
C0unty orResl(lencc
- 14-
!I!:;n' l'lc ~i DC:
r'wvsrnber i;_',. 20G7
S~_; c; 7,'3
SIGNATURE PAGE TO
DEVELOPER CONTRIBUTION AGREEMENT
US 41 DEVELOPERS CONSORTIUM
WIT1\ESSES:
NBC LA'\D HOLDl'\G&, LLC. a Florida
limited liability company
By:
Sibornature
'\amc:
~
P,.intcd 'J am e
Titk
SigOJtUfl'
DalUu.:
~':1me(; !~amc
STATE ur
" '-'"
I ~,_,
Of
Bcfor::, a >>Jotar~\ Puhlic In and i(lr said Cuunty ~md Stat::.'. personally appearec
. the _~_.._.__ _~.._ __~_ o["J\Be LAND HOLDtNGS,
LLC. a Florida limited irabilitv company who aCKnowledged the execution of the foregoing
instrument as such [<lr and on hshall- of said
\\"ltness I1l\' hand dnd "\iolarial Seal thb
d;J\' of
,2007.
(Sl :;na! ure l
I, prjnted nam':)
~ntarv Puhli2
\]y CO!llHl1Ss1on EXrlrc~:
County 0[" Rc:.-;iJcncc':
- 15 -
lien: t\J'=:;, ',OC:
I\,(tvenmer ~i 3. 2C;Gi"
7:' 0, ~c
SIGNA TURE PAGE TO
DEVELOPER COI\"TRIBCTIO:"l AGREE\lE"T
1'S 41 DEVELOPERS CONSORTICM
WITJ\ESSES
~AI'LES BIG CYPRESS MARKET PLACI
LnlITEIJ PARTNERSHII" LLLP. a Florida
limited partnership
Si~'T1ature
Bv:
.~--
'"<amc:
Prmted Name
Title
"~--'-~'-'-'""
of Basik Development. U ,C. the General
Partner of'!'AI'LES BIG CYPRESS MARKU
PL.\U L1\lITEll P~RTNERSIIIP. LLL1'
Si~'Tlatllre
Pnnted !\;amc
Dated'
ST/\TE f~IF
)ss
em 'NlY OF
Before. a Notan Public in and for said County and State, ncrsonalJ y app::afcd
the ,of Basik DeveJopmcm,
LL C. the General Panner of '\iAI'LES 81(; CYI'RESS :\lARKLT PLACE LDlITEn P~RTNERIISIP.
LLU'. a Florida limited partnership. who acknowledged the execution of the foregoing
lnstrument as such 1'01' and on hc'hal C of said
\\' itncss my hand and ~olarial Seal this
daj 0:' ____m n
,20(('.
( si gnaiUrc 1
(printed name)
'.."otaf) Puhl1c
\1\ CommiSSIon Exmre"
Coum) of Residence:
~ 1() -
I~em hie, 1 DC
i,:J 2007
71 of 78
SIGNATURE PAGE TO
DEVELOPER CONTRIBUTION AGREEMENT
liS 41 DEVELOPERS CONSORTIUM
WITNESSES
R[ -\L TY" [1' REAL ESTATE:. LLC. a
Florida limited iiabiijty company
Signature
Bv:
"-...
Name:
Primed Nal1l~ Tille:
Sl!:.'llatuft
Ilmed'
P:-lntcd )\an1:.:
S1 A'r-r or
COl;'ny O}
Bcfor~. a NGtar~ Public in and for said Count) and State. personally appeared
. the of RL\LTY!\El RL-\l
--_._.,_.._--_.._-----~ -..--- ~ --..-.-----" .....-.........---.-.---.--
[sTAn:, LLC. a Florida iimited liability company. who acknowledged the execution of [he
foregoing instrument as such officer for and on behalf of said lImited liability company.
\\'iwcss my hand and NO!Jrial Seal ~h1s
d:l\- of
. ;2nn-:'_
tsignJtuiC!
{rrinted namC-j
~<olHf\- Public
~vly Con1mission Expires-
Count: or Rcsldenc'!2:
- 17 -
:te~;, 1'4(j, 10:
IT 2OCf?
D2gS :2 of 7>:)
SIG'\ATliRE PAGE TO
DEVELOPER CO'\TRIBUTIOl\ AGREEME!\'T
US 41 DEVELOPERS CONSORTIUM
WITNESSES:
KITE E"GLF CREEh II. LLC, an Indiana
limited liabilny company
Bv:
_.....,_._~..._ _M'"'__~_._~_,_ . _~__.._._
Signature
Name:
Title:
of Kite Realty Group TrusL the Gcneral
Partner of r:ite Realty Group, LP.. the
Mana),:in" \klllber oi' KITE E .\(;U: CRETI>:
I!. LLC
Printed ~ame
Signature
Pnnl~d Name
Dated-
S-I":\_TF--' C)t
'I S~.
cot TNT\" 0"
Before, 3 ~otar:, Puhhc in and for saiJ County and State. personally appeared
.m~__-" . the _._.__.......____m_.._.__ of Kite Realty Group
Trust, the General Partner of Kite Realty Group. L.P" the Managing Member or KITE E.\GLL
CREEK ll. LLC an Indi.ma lImited liahility company. who acknowledged the execution "rthc
foregoing instrumenl us slIch officer for and on behalf of SaIdiin1ited liahiiity company.
\Vitness mv ha!1d and ~olar1aj Seal thi~
dJ\' oj'
,2()((',
{SI);natIJr(:' )
lpnnlcJ nam:.:\
t\0~ar: Publi;.:
\1,- ('ornnlission ExpitTS.
County of Resi(ien~:>.::
-IS.
,L\oenda item t"-je, 1 lie
~November .13. 2007
~age 73 of 7(\
SIGNATURE PAGE TO
DEVELOPER CONTRIBUTION AGREEMENT
US 41 DEVELOPERS CONSORTlVM
WIT:-\ESSES:
KRG EAGLE CREEK IV, LLC, an Indiana
limited liability company
By:
Signature
"Jame:
Title:
of KIte Realty Group Trust. th,- General
Partner of Kite Realty Group, L.P.. the
Managmg MemherofKRG E..GLL CREEK
IV.LLC
Printed Nanle
S j f..'Tlature
Dated'
Pnnted 'hme
SIA TE OF
COLINTY OF
I
I SS:
I
Before, a hotary Public III and for saId County and State. personally appeared
. the _...~. of Kile Realty Group
Trust. the General Partner of Kite Realty Group, L.P., the Managing \,jember of KRG EAGLE
CREEK IV, LLC. an Indiana limited liability company, who acknowledged tbe execution of the
foregoing instrument as such officer for and on behalf of said lImited liabilny company.
Witness my hand and "olarial Seal this
day of
. 20m.
(signature)
(printed name)
l\otar:. Pubilc
\1y COnlJTI1Ssion Expires:
County of ReSidence:
~ 19 -
....~, -1C.
SIGJ\A TlRE PAGE TO
DF:\TLOPER CONTRlBlTION AGREE!\lE]\;T
LS 41 l>E\TLOI'ERS CO:\SORTll"1
WfP,ESSES:
HABllAT FOR HI ~IANln OF COLLIER
COlNn, INc.. :1 Flonci:J '.:on-Proii:
C orporaunn
Signature
FlY
"amc: Samuel.l. Durso. \1D.
PrintcJ :\amc
Tnle:
Prcsld(.:'llt
Sl~llatt!:.~:
Dd!L:,-: .
F)nnlc-d ",;1:1"J(.'
" ':l., el!
~ '~""
CUl":\T\C O!
Before. J ~~(\ta..:, PUbjiC !Il and for SJhJ CUUIl:~ ~mu SWh:. DL..'L";():l:.l)iY appeared Samllc J.
Durso. \10.. the President Cli' BABIL\T FOR HI ~IA~IT\ OF COLLIER (\It''n. hc.. d Flond.!
Non-Profit Corporation, \\"no acknowledged the C\ccutlOl1 or the foregoing inSlfUI1lCl1\ as such
officer for and on behalf or S<1ld lirniled liabi]ity ('()nlp~!n~
\\'i:ncs~ :11\' h3Jld 37H! '''-(;ti.Fl~tj Sc~Ji tilL'
dd\ ul
.2!ji(;<
[~;i:;:latur:: 'r
(pnrll:.:O n~m'..;i
~\C'l~ln PJl":lil'
\h (()1l1:l11SS]Oll l_:Xj)lr:.:::;;,;
C ~)un1\- ():' ]-( ::::;1(1::;1('.;..'_
- ](',-
it;;;;:-:~ :\~L ^ ',' ~.
i~::"j'Je:T,~:'S. ',3. 2UCI!
:::: c/78
SIGJ\:ATlJRE PAGE TO
DEVELOPER CONTRIBl;TIO"'I AGREElVlEl'iT
US 41 DEVELOPERS CONSORTll.'M
WITNESSES:
SOUTHER!' DEI'ELOI'MENT C()~IPANY
INC.. a Florida Corporation
B)':._,
Signature
'<ame:
Primed Name
Tille:
S 1 gnaturc
Dated'
Pnntcd l'<ame
ST/:\TF ()F
I SS
COU'<TY O!-
Bciore. " '~()ta1'\ Public III allll 1(1l' said Coun1\ and Stale. personally appc:lrcd
the of SOL THERN
---_.~---_..- ~-~~-,-~-
l>E\'ELOPMENT CO~ll'ANY, he.. a Florida Corporation. who ack.nowicdged tbe execution of the
foregolng instrun1cnt as sllch officer lor and on hehal; of said limited lialli1ity con:pany.
\~'nnt.:.~ss l11V hand and NntarlJ.1 Sea] Thi~
da\ DC
2007.
(sip:nUlurc .~
(rl1~mte(l name)
~otar:.Puhhc
!,,,ly COn1rniSSlO!1 ExpIres:
County of Rcsldcnu>.
21 ~
\'c
. ,',' ls:~.-;r,e: !:,';
i ,J -v' ,(~i
SIGi\ATURE PAGE TO
nE\'ELOI'ER COi\TRIBLTlO!\ AGREEMEYI
li:'- 4] DEH:I.OPERS C01\SORTILI\!
wn'\ESSES :\ICKK PROI'[Rn ACQllSITlONS. LLC'. a
Florida lim1led liahllity company
Signature By:
"ame'
Prlfltcd 1\;al1l'..-'
Tilk
:', !gnatur~
i )at:..~u.
~':-!:Ht'u '\':n~::.
S:-_,\T~- (}~-
) \'~'.
COl",T\ OF
B;:forc. w ?'<01U_f\' Puhlic 111 and Cor said County ;lnd State. personally <.lppcar~d
the DC MCKK PROI'ERn
---~ ---.---------------
AC(H'ISITI07\S. LLC. ~i FlondJ limned ilahilily company. who actno\\'lcdged th~ e\:t'cur1on nf
Uh_ i(,r'2!-!-l)rn;:: ;nstTl:,T:C71: :1:' :~~l:':~~ (~:'l:~::':'!- :>:. ::nd :..nJ hckdf or '<:lie! iimlled jiahilil~ cornran~
\\::nC's;~ !in han(! :.md :\'c<and~ S....:;:\! thl~
:,Ja\ :_\j
.2(ji.('.
~:.'~naturC'~
:. p:"l!iI;.:C :.an);:.')
",tlU'., ~;u:)l~i."
\ , I, OnlT~115S1nn :-~XT':r::.;.:;.
(- Olln.:y ;J j' RC."i ~~:..:n:.:c:
"
J-.:aplcs Rcsen'c. LLC
515 Terracina Wav
Naples, FL 34119
Kite Eagle Creek 11. LLC
cio Kite Realty Group
Attn: Eric Strickland
30 South Meridian. Suite 1 ! 00
Indianapoiis. IN 40104
t..:.RC ()51 & 41. LLC
cO Kite Really Group
Atln: Ene Stnc~Jand
30 South\j eridian. S uit~ II iJP
inclanapoils. Ii\" 4(<::u4
f:~R(j Eagk' Cr::ck I\". L1 C
c: (1 t~itc Rcal~> (J;-oUT
A,un: Eric StricLiand
30 South VlcridialL SUIt::.' ]111(:
Indianapolis. I?'\ ..1(i.:>~4
TOLSA Homes. ilK,
400!) Hollyw(^od Blvd.
Ste. 500.\
Hollywood. FL 33021
\aples Golf Development. LLC
66(1(} \\' Ro~ers Circle
Suite 14
Boca Raton. FL 3348"
/\BC Liqours. Inc.
.A~rtn, Tom Eartnl~mn
1'.0.130>': 593()SS
Orlanclo. FL J~85()
Ro:dt., r,CI Real Estate, [C
Ann: Cory Maile
133CJ Fon-est Coul1
M<lreo Islanc! FL 34 J 45
i\Ic-. ~: OC
.2~j(F
-- ,--,
, 01 '
SCHEDlJI ,I' I
1\ or ice Addresses
\,\'ith a C(lr~' 10: Goodlette. Colc-Tnao & Johnson
Ann: Rlchard Y ol'anovich. Esq.
4001 Tamlami Trail \or1h
Naples. II ."\4103
With a Copy to: Kite Realty Group
Ann: Robel1 G. Solloway. Esq.
3U South Meridian. Suite 1100
Indianapolis, H"; 4(,204
Wnh a COP) 10: Kite Reul1y Group
Attn. Rohcl1 (j, Sol1oway_ ESJ.
,'(1 South \cJendian. SUlle- III)(J
[nciian~lpojis<[\ -+6.2(,.f
\\'!ih ,I (opy it:: KIte Realty Cjroup
Ann: RODen (.J. So1l0V':,1).
~,fl Soulh 1\Jcridi2IL ~un'~' 11 on
I:Hiianapoiis, r~: -t(J.2(j-t
Southcnl Development. inc.
,\\In: \'lario Corialc
] 3245 Tallliami Trail East
Naples, FL 34 J 14
NBC R\. LLC
CO B'bik D'c'vclopmem
Ann: Keith Basik
720 Good 1cue Road
l":apics. FL "\4] (12
t<HC L.and Huldmgs. LtC
C:el Basj].:. Deveiopmcn:
AttI1: Kcnh Basik
....::u Ciuudkit'~. 1\oad
Naples. FL .~41 02
"
- ...:._~ -
"::l~" Its:T :"ie_'
~ '--,~
; ',.1--__
,~' ":'::UUi
Pags 7-5, o~ 7:;
Habitat for Humanity of Collier Coumy. Inc.
Attn: Samuel J. Durso
1145 Tamiami Trail East
1\aples. FL 34! 13
MCKK Property AcqUlsnions. LLC
i\lln: Demian &. Pat Kmchten. Bruce Car.
C)"5 (," A venuc South. Sune 200
"iaples. FL 34102
'-iaples South. LLC
AUn: Ashley Bloom
1801 Clint Moore Road. ;;217
Boca Raton. FL 33487
Naples Big Cypress Market Place Limited Partnership, LLLP
CO Basik Developmcnt
Atm: Keith Basik
-:'20 GoodlcllC Rd.. #305
1\aples. FL 34] 02
~ ~4 -
Agenda Item No, 10D
t~ovemberI3, 2007
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners provide
direction to the County Attorney and the County Manager, or his designee,
related to desired changes to the Charitable Organization Impact Fee
Deferral Program
OBJECTIVE: That the Board of County Commissioners provide direction to the
County Attorney and the County Manager, or his designee, related to desired changes to
the Charitable Organization Impact Fee Deferral Program,
CONSIDERATIONS: On October 9. 2001, the Board adopted Ordinance No. 200 I -54.
amending Chapter 74 of the Collier County Code of Laws and Ordinances (Code), to
establish a program authorizing waivers from payments of impact fees I")r specified, tax
exempted, not-for-profit, charitahle entities that provide specilied services of substantial
benefit to low income residents of Collier County ]Charitable Orgunization Waiver
Program).
On June 28, 2005. the Board adopted Ordinance No. 2005-31, amending Section 74-
203(i) of the Code, to provide ,m increase in the maximum waiver 1")1' which an applicant
is eligible as well as the allllual budget for the program. These provisions allowed for an
impact fee waiver for qualifYing applicants of an amount not-to-exeeed $100,000 per
applicant. The cumulative total of waivers that may be granted per fiscal year is limited to
$200,000.
On April 10, 2007, the Board considered a request by Collier Health Services,
Incorporated to participate in the Charitable Organization Waiver Program (Item lOA).
During the discussion related to the item, the Board directed the County Manager (or his
designee) in coordination with the County Attorney's Office to revise Section 74-203(i)
of the Code, changing the wai vel' program to a deferral program for specified charitable
organizations. The directed changes would allow the applicablc impact fees to be
defen'ed so long as the Chat;table Entity utilizes the subject premises in the manner set
forth in the application. Should the stated use end or should the Charitable Entity lose its
status which qualified it for eligibility under the Charitable Organization Impact Fee
Deferral I'rogram, then the deferral period would end, and the full impact fecs would be
due and owing.
In accordance with the direction above, the Board adopted Ordinance No. 2007-57 on
June 26, 2007, which incorporated the specified changes to the program. The Ordinatlce
has a delayed effective date of J anuaty I, 2008, however. each Charitable Organization
that applies for the program is advised that their applicable impact fees will be deferred,
if approved by the Board, rather than waived. The agreement preparcd by the County
,-..
~
Item r'Jo. <iCD
AI3,2DD?
:2 Of 0
Attomey's Office also reilects a deferral of impact fees as well as the tenllS required to
maintain the deferral.
On September 25, 2007 during the consideration of item] OG which was a request for a
Charitable Organization Impact Fee Deferral by Fun Time Early Childhood Academy,
IncOlvorated the Board discussed developing a strategy 1(,1' repayment of the deferrals.
The Board specified that options developed lor the repayment should not adversely effect
the organization and directed the County Manager to have staff prepare alternatives for
the Board's future consideration. This direction was furthcr reiterated on October 9.
2007 during the discussions on item 6C related to the St. Matthew's House Wolfe
Apartments.
Staff and the County Attorney's Office have identified the loll owing alternativcs that
provide changes to Charitable Organization Impact Fee Defen'al Program ["I' thc Board's
c(msideration:
Eligihilitv
Back~round: The original Executive Summary th:lt was presented to established tlie
Charitable Organization Impuct Fcc Waiver Program (October 9. 200 I)
specified that the program was not available to entities that are operated
fc)r religious, scientific. literal'y or educational purposes, those [Clf the
PUlVoSC of ll)stering spOlls compctitions, prevention of cruelty to animals,
testing for public safety and local labor associations. While the provisions
of the Code do not specifically preclude these organizations, stafT has
followcd the prior direction of the Board and has not acccpted applications
lor the program from such organizations.
Altematives: 1) Continue as previously directed, excluding the above referenced
organizations, and amend Chapter 74 of the Code to accurately reilecl the
entities that are not eligible to pmlicipate. By keeping with this policy
organizations like The Salvation Army, St. Matthew's House, The
Humane Society, Ave Maria University and Hodges University are
prohibited Ii'om parlicipating because of their affiliation or the nature of
the services provided.
2) Expand the allowed participants to include entities such as non-profil
rcligiously affiliated organizations that provide human services of a
substantial public benelit (homeless shelters, soup kitchens. day care,
social services, etc.); non-profit animal welfare organizations that provide
free or low-cost commUllity services such as free or reduced spays or
neuters, vaccinations, shelteting, etc.; and non-profit educational facilities
that provide free or reduced cost educational programs. Other allowable
categories of participants could also be added at the Board's direction,
Ag<snda !tem i~Jo, '; UD
~~overnher 13. 2007
301 G
Impaet Fee Tvpes Elil!ible for Deferral
Backgrowld: Currently the Code prccludes Educational Facilities Impact Fees and Fire
1 mpact Fecs from the defelTal program. Tbe County Attorney's Oftice has
previously opined that Water and Sewer Impact Fces should be similarly
precludcd due to thc nature and limitations of thc funding sources
available to the Collier County Water and Sewcr District.
Altcmatives: I) Amcnd the Code to includc Water and Sewcr Impact Fees with thosc
other impact fecs not available to bc deferred under this program.
2) Provide a dcsignated fundmg source to pay !()r water and sewer impact
fees under this program. Similar to the fund set up to pay 1(11' the water
and sewer Impact fces f(". qualified participants in the County-wide Impact
Fee Dcfemd Program. the water and sewer impact fce trust funds would
be paid by the designated funding source. The funding source would then
be repaid either as detailed below if the Botlrd should elect to adopt
chzmges to the program ill', as currently. required, when the prnpert:y ceases
10 be utilizcd in its c:haritablc capacity.
Repavment
Background: As detailed above, the current program provides f(>I' tbe defclTal of impact
fees so long as the Charitahle Entity utilizcs the subject premises in the
manner set !()rth in the application. Should the stated use end or should
the Charitable Entity lose its status which qualified it for eligibility under
the Charitable Organization Impact Fee Dcfen'al Program, then the
defelTal period would end, and the full impact fees would be due and
owing. The Program docs not eUlTcntly require the payment of interest at
the lenllination of the defelTal. Thc program is limited to a cumulative
total of $200,000 per fiscal year and the maximUln amount an applicant
may receive is $ J 00,000.
Alternatives: I) Provide for the deferral of impact fees for a specified time period and at
the complction of the teml of the defen'al allow for the repayment of the
impact fees over a specified time period. For example: provide for a J 0
year defelTal and a 10 year repaymcnt schedule.
2) Provide for a straight defelTal for a specified time period with the total
impact fees due at thc completion of the term. This approach is similar to
the current rental deferral program which allows for the deferral of impact
fees for 6 years and 9 months before the impact fees become duc and
payable. The program also requires that the units remain affordable for
fifteen years. A similar commitment could bc required in that the
Agenda Item No.1 UD
r\Jo\;smber 13, 2001
4. of ()
charitable organization continue to operate in the stated capacity for a
specitied time period.
3) Provide a designated funding source to impact fees under this program.
The impact fee trust funds would be paid by the dcsignated funding source
and the funding source would then be repaid either, as clmently required,
whcn the property ceases to be utilized in its charitable capacity or at a
specified time, as described above. This altemative was also described for
the payment of water and sewer impact fees.
4) Related to the rcquiremcnt for thc payment of interest, this provision
could bc implemented by requiring interest to be paid in addition to the
amount of impact fees bcing repaid annual!y, as a set amount if the impact
hocs arc paid at a specified point in time or, as required by the County-
wide Impact F ec Deferral Program, interest is computed at " set amount
per year (50'(1) vI.1th a n1tlXimUlll cumulative amnunl of interest that 111ay be
assessed (250/0 of the dc,ferred amountL These a(lcrnati,,'cs provide a
financial offset in tht~ impact fee trust funds j~.)!" the revenue lost during the
tClln (It'the deferral agreement.
Residencv
Background: The cUlTent Charitable Organization Impact Fee Deferral Program
provisions do not include requirements related to legal residency. The
affordable housing impact fee deferral programs require that the program
participants are either legal residents pem1anently residing in the United
States or citizens of the United States.
Alternatives: 1) Require the organization to limit services to U.S. cItizens or legal
residents in order to qualify to participate in the program, However, this
may be problematic for some of the types of organizations thaI utilize this
program, For example, medical organizations (Collier Health Services,
Neighborhood Health Clinic. Naples Community Hospital, etc.) provide a
large amount of indigent/uninsured care which provides a valuable service
to the community but also probably includes a percentage of people that
are not legal citizens or residents. The inclusion of residency requirements
in order to qualify for use of the program may servc to make the program
more restrictive and may result in fewer applicants qualifying for
assistance.
2) Require the organization to limit services to U.S. cItIzens or legal
residents in order to qualify to participate in the program unless the entity
is legally required to provide care regardless of the residency status of the
person receiving the services. Hospitals are required to provide care to
I\Qsnda item !\io. 10D
l.Jo\l(:::mbci 13, 20,']7
:-J 01' b
anyone with a life-threatening condition. There/orc, hospitals and other
similar organizations that provide indigent care and/or emergency services
could be allowed to apply for the program but thcir legal responsibility to
provide care to such illegal persons would be presented to the Board for
discussion. consideration and approval or disapproval as to the entity's
participation in the program.
If the Board elects to dircct changes be made to the Charitable Organization Impact Fcc
Deferral Program the County Attomey and staff will prepare an amendment to Chapter
74 of the Code to renect the changes. The amendment will require a legal adver1isement
and will be presented to the Board at a futurc meeting as an adve11ised public hearing IClr
consideration and approval.
FISCAL IMPACT: If the Board of County Commissioners elects to defer impact fees,
the fiscal impact to the County would he the loss oflhis prospective income to the impact
fee trust funds fc)r the period of time that the Charitable Entity remains eligible for the
program or for the term of the deferral agreement should the BClard elect to require
repayment at a specified point In timc.
GROWTH MANAGEMENT IMPACT: The proposed alternatives for changes to the
Charitable Organization Impact Fee Deferral Program are consistent with Objective 4
(Nonprofit and Civic Organizations and Local Groups/Programs) of the Economic
Element of Collier County's Growth Manugement Plan which statcs: "Collier County
will support thc cconomic developmcnt goals, et1011s and community involvement of
nonprofit organizations, civic associations and local groups and programs."
LEGAL CONSIDERA nONS: Each ofthe proposed altemativcs to provide changes to
the Charitable Organization Impact Fee Deferral Program is legally sufficient for Board
consideration.
RECOMMENDA nON: That the Board of County Commissioners provide direction to
the County Attomey and thc County Manager, or his designee. related to dcsired changes
to the Charitablc Organization Impact Fce Defen-al Program; such changcs will be
presented to the Board at a future mecting lor consideration and approval via an
advet1iscd public hearing.
Prcparcd by: Amy Patterson, Impact Fec Manager
Business Managemcnt and Budget Ot1iee, CDES
COLLIER COUNTY
SOt\RD OF COUNTY COMM!SSI0NEP.S
Item Number:
Item Summary:
',Q[)
F\(<,(Wl~-,1"n mll'''l I!,,,: [1:", [:'r,M<; Gf C,()unlv C'__m-,'-r-,-' ";' '-. p CFiide ~jlr(,'i:tiV: :() Ilw C,TJI II'
'.;"lu 'k'i :'">' '.rli' ',JJun:~.' flhmaqw or lV_ ""',.(.1 "-"8 h "iTH' 'k,S"s'd (;Iv-,r-'" ,- '1,(,
(-)'-~;<L' 1;-'2!,()n i":PlGl '-B,,- ~-JE'18T"1 F'I'_lm:]' J 'i,n v i'1[lHo'Y, "',i"'., :- ",,_,iI'TV~
c-" 1';'0'- C ')n~ P-,lJ'] !I'I
Meeting Date: "M
I'rellared By
1,'11".' f'~Hm5'-'n
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] 11712007
Agenda Item NO.1 OE
November 13. 2007
Page 1 of 6
~
Executive Summary
Recommendation to approve a Professional Services Agreement with HDR
Engineering Inc., in the amount of $1,497,100.00 pursuant to RFP #07-4144 for
engineering design and construction oversight services related to the construction of
the North County Regional Water Treatment Plant 2-MGD Reverse Osmosis
Expansion, Project Number 710022.
OBJECTIVE: The public purpose of this expansion project is to provide additional
constructed capacity at the North County Regional Water Treatment Plant (NCRWTP), to
meet operational and reliability needs, to mc;et the demand for potable water. and to stay
in compliance with regulatory rcquircments.
CONSIDERATION: On June 6, 2006, as Agenda Hcm lOB. thc Board of County
Commissioners (Board) adopkd the 2005 Water Master Plan Updatc that identitied the
requirement for incrcasing constructed water capacity. The proposed scope of work is
consistent with the 2005 Watcr Mastcr Plan Update, Projcct 7100l, "'\ICRWTP High
TDS RO Design, Construction. and Supply", Section 8, ['able 8-2, page I of 5. line 26.
-
In ] 999. the NCRWTP constructed capacity was cxpandcd by 8-MGD of finished water
constructcd capacity utilizing low-prcssure reverse osmosis technology to treat
groundwater recovered Ii'om the Lower Hawthom Aquifer. Afler this project was
completed, the salinity of the water from some of the new wells increascd, Because thc
existing low-pressure system could not treat high levels of salinity, four of the wells
became unusable, In addition, there is a conecrn that the high-saline water could migrate
to other wells in the aquifer, rendeling them unusable as well.
To use the raw water production capacity of the existing, unused wells and to control
migration of the high-saline raw water into other wells in the Northern Lower Hawthol11
WellJield, the water depatiment intends to install a high-pressure reverse osmosis
treatment system at the NCRWTP to produce 2-MGD of constructed capacity by treating
this high-saline water, and to relieve the aquifer ofthe high-saline condition in general.
To implement the design phases of this project, a Request for Proposal (RFP #07-4144)
was distributed to 67 vendors on May 8, 2007. A selection committee convened July 30-
31,2007, to evaluate the proposals and presentations received from the following fim1s
. Carollo Engineers,
. Camp, Dresser, and McKee, Inc.,
. HDR Engineers, Inc.,
. MWH Americas, Inc"
. Reiss Environmental, and
. Tetra Tech.
-
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Novernber '13, 2CJ07
?age 2 of 6
On July 31, 2007, the selection committee recommended HDR Engineers, Inc., as the
number onc firm, COM as the numher two firm, and Reiss Environmental as the numher
three firm. The selection committee was composed of cross-tunctiona] memhers tj'om
the Purchasing Department, the Water Department, and the Public Utilities Engineering
Depmimenl.
Staff negotiated a scope of work and fees with HDR Engineers, Inc., for professional
serviccs associated with the design basis repOli, preliminary and final design, and
services during construction of this project. The proposed contract is consistent with the
2005 Watcr Master Plan Update as adopted hy the Board on Junc 6. 2006, Agenda Item
] OB, Thc Purchasing Dcpmimcnt has reviewed the int(ln11ation contained in this
Executive Summary. ]n addition, stalT linds the price lair and reasonahle, hased on the
attached value analysis.
A subsequent request lor Board approval of approximately S9.8 to $ I 0.3 million in
construction costs is anticipated in the iiI'S! quarter FY09. The entirc project is planned 10
be operational in 20 II.
FISCAL IMI'ACT: Funding is availablc in and is consistent with the FY08 Capital
Budget approved hy the Board on Septcmber 20, 2007. The sourcc of funding is the
Water Impact Fce Funcl (4 J I),
GROWTH MANAGEMENT IMPACT: This project is consistent with ancl furthers
the goals. objcctivcs and policies oflhe Collier County Growth Managcment Plan.
RECOMMENDA nON: That the Board of County Commissioners, Ex-ofticio the
Governing Board of the Collier County Water-Sewer District:
I. Approve the selection of HDR Engineers, Inc., as recommended by lhe selection
committee for RFP #07-4 I 44.
2. Approve a Professional Services Agreement with HDR Engineers, Inc" in the
amount of $1 ,497, 100.00 for design services related to construction of the NOlih
County Regiona] Water Treatment Plant 2-MGD Reverse Osmosis Expansion.
3. Authorize the Chainnan of the Board of County Commissioners to execute the
Professional Services Agreement after approval by the County Attorney's Office,
PREPARED BY: Tom Chmelik, P.E., Senior Project Manager, Public Utilities
Engineering Dep31iment.
Item Number:
Item Summary:
Meeting Date;
COLLIER COUNTY
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.L\genda l1em No.1 OE
November 'i 3, 2007
Page 5 of 6
Value Analysis
(Staff assessment based on data supplied by CDM Ine, and Carollo Engineers.)
North County Regional Water Treatment Plant 2-MGD Reverse Osmosis Expansion,
Project Number 710022,
The purpose of this analysis is to verify that the price proposed by HDR Engineering, Inc, is fair and
reasonable when compared to other benchmarks, Two different engineering studies were completed to
serve as points of reference from which to determine best value, CDM conducted a Feasibility Study in May
2005, and Carollo performed a more detailed Demonstration Study in April 2007. It should be noted that
both CDM and Carollo bid on this project along With HDR.
The Carollo study adjusted CDM's cost estimate for inflation and used the result as their baseline. From
there, Carollo evaluated the detailed costs of two different design options, These costs are considered to
be Class 4 Estimates as defined by the Association for the Advancement of Cost Engineering International
(AACEI), The design portion of the estimate was considered to be 20% of construction costs. The results
of these studies are summarized below:
CDM Carollo Carollo
Feasibiiity Estimate Estimate Project HDR
Study, Option A Option B Budget Proposal
adiusted
ITotal project cost $11,058,600 $15,553.000 $17,327,000 $11,300,000 N/A
1 Design cost $1,701,336 $1.753,000 $1,957,000 $1,500,000 $1,497,100
Even though the more recent, more refined, Carollo estimate indicated that the total project cost would be
higher than CDM's estimate, the County chose a more aggressive position, adjusted for minor scope
differences, and defined the total budget at $11,300,000. Likewise, the design budget was set at
$1,500,000, significantly less than the projections above. By virtue of this adjustment, any design proposal
received under the budget limit would be considered fair and reasonable by Staff.
The HDR proposal is less than any of the estimates above; therefore, it is deemed fair and reasonable.
10/18/2007
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Agenda item No, 12A
t~overnber 13, 2007
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners consider
adoption of a Resolution Superseding Resolution No. 98-498 Establishing
a Uniform Policy Imposing Fees for the Inspection, Examination and
Duplication of Public Records Pursuant to Section 119.07, Florida Statutes
OBJECTIVE: That the Board of County Commissioners consider adoption of a
Resolution Superseding Resolution No. 98-498 Establishing a Uniform Policy
Imposing Fees for Inspection, Examination and Duplication of Public Records
pursuant to Section 119.07, Florida Statutes.
CONSIDERATIONS:
,~
There have been administrative questions 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. The question of charges
emerged recently with an advisory committee member's public records request.
On October 23, 2007, the Board of County Commissioners discussed this item
and directed the County Attorney Office to draft a Resolution superseding
Resolution No. 98-498 establishing a public records policy for the County.
Consistent with the Collier County Growth Management Act and Chapter 163,
Florida Statutes, the County is required to have a local planning agency. Division
8 of the Land Development Code allows the Collier County Planning Commission
(CCPC) express authority to use the CDES staff. Notwithstanding the language
in the attached Resolution, it is appropriate that the CCPC be allowed to use
Community Development & Environmental Services staff for record and
document requests and the proposed resolution reflects this,
The proposed resolution addresses prior Board discussion relating to the
applicability of charges for public records between units of local government
within Collier County. The resolution provides for there to be no public records
related costs to be charged by the County if a local unit of government funded by
ad valorem taxes agrees to not charge the County for any County public records
request. Staff looks to the Board of any further direction on this matter.
---
AGenda item: I'JO. ': 2',.0,
.Klovernbar 13, 2007
P3ge 2 016
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: That the Board of County Commissioners consider
adoption of a Resolution Superseding Resolution No. 98-498 Establishing a
Uniform Policy Imposing Fees for Inspection, Examination and Duplication of
Public Records pursuant to Section 119.07, Florida Statutes.
04-COA-01052/705
COLLIER COUNTY
BQA.R[; OF COUNTY cm,",r,<1iSS\ONERS
Item Number:
Item$ummary:
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Meeting Date:
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,A,genda Item hio. 'i 2/--\
l'~o\!embei 13. 20U7
Page 4 of (-j
RESOLUTION NO.
Resolution Superseding Resolution No, 98-498 Establishing a
Uniform Policy Imposing Fees for the Inspection. Examination and
Duplication of Public Records Pursuant to Section 119.07, Florida
Statutes.
WHEREAS, Section 119,07(1), Florida Statutes, authorizes the custodian of
public records to charge a fee for copying public records provided upon request; and
WHEREAS, Section 119,07(1 )(b), Florida Statutes, allows for the imposition of a
special service charge for public records requests which require extensive use of
clerical or supervisory labor: and
WHEREAS, the Board at County Commissioners has determined that a policy
should be created estabiishlng the allowable copYing fees and defining what is
extensive use of clerical or supervisory labor: and
WHEREAS, the Board of County Commissioners has determined that such a
policy is necessary In order to create uniformity in application of those fees and to guide
staff in determining when imposition of such fees is acceptable and appropriate (legally
sufficient): and
WHEREAS, the Board of County Commissioners has found that it is within the
publics' best interest for the County to impose such a fee in order to cover the actual
cost of duplication and to cover the actual cost of extensive clerical or supervisory time
required to respond to public records requests.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. Staff shall charge the following fees for duplication of public records:
A. 15 cents per one,slded copy which is 14 inches by 8 Y, inches or
less;
B, An additional 5 cents for each two.sided duplicated copy;
C, $1,00 per copy for a certified copy of a public record;
D. The actual cost of duplication for all other copies. "Actual cost of
duplication" is defined in S119.07(1), Florida Statutes, as, 'the cost
of material and supplies used to duplicate the record," but it does
not 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.
Page I of3
Agenda Item No. 12A
November 13, 2007
Page 5 of 6
,..,-
2,
If tbe nature or volume of public records requested to be inspected,
examined, or copied is such as to require extensive use of information technology
resources or extensive clerical or supervisory assistance by personnel of the County
office, department or agency involved, or both, the office, department or agency shall
charge, in addition to the actual cost of duplication, a special service charge, which shall
be reasonable and shall be based on the cost incurred for sucb extensive use of
information teChnology resources or the labor cost of the personnel providing the
service that is actually incurred by the agency or attributable to the agency for the
clerical and supervisory assistance required, or both. "Information technology
resources" shall have the same meaning as in Section 282.303(13), Florida Statutes.
"Extensive use" shall be defined as requiring more than an hour of clerical or
supervisory time to locate, review for confidential information, copy and refile the
requested material. Time incurred shall be based upon the nature or volume of the
request and not solely by the location of the requested documents.
3. This Resolution applies to all offices, agencies and departments
authorized and organized as Collier County government of the Board of Collier County
Commissioners.
4. Public Records requests made by other qovernmental units (i.e..
municipalities. Collier County School Board, fire departments and constitutional officers)
within Collier County funded solelv bv ad valorem tax dollars will be exemot from
pavment of charqes defined in this Resolution provided that thev aqree, in writinq, to not
charqe the Board of County Commissioners and Divisions / Departments workinq for
the Board of County Commissioners for public records requests made to them. their
aqencies and departments.
5. The followinq are not to be considered public records requests. They are
standard operations of conductina business:
A. Advisorv Board members' requests for records and documents
rslstine to a future committee aeenda will not be considered a
public records request. All requests for records and documents bY
Advisorv Board members shall be made to the Countv Manaqer
who will assiqn the appropriate staff to oerform the requested task.
Page 2 of3
f\gef1da item No. ~i 2Pi
Novernber 13. 2007
Page 6 of6
This does not apply to the Collier County Planninq Commission.
Members of that commission may make requests to the Community
Development and Environmental Services Division stafffm records
and documents.
B. Requests made by individual members of the Board of County
Commissioners for records and documents relatino to the
performance of their official duties will not be considered a public
records request. Each member of the Board of County
Commissioners shall make their requests for records and
documents throuqh the County Manaqer who will assiGn the
appropriate staff to perform the requested task.
C. Requests for records and documents between all county offices
under the ultimate authoritv of the Board of County Commissioners
shall not be considered a public records request. It is expected that
all such county offices will work tOGether and share records and
documents and there will be no charae to the reauestina office.
6. This Resolution supersedes Resolution No. 98.498,
7. This Resolution shall be effective and implemented as of the date of
adoption.
This Resolution adopted this _ day of
, 2007, after motion, second
and majority vote in favor of adoption.
ATTEST:
DWIGHT E, BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
JAMES COLETTA, CHAIRMAN
Approved as to form and
legal sufficiency:
David C, Weigel
Cou nty Attorney
04.COA.{)I0527]1
Page 3 of3
Agenda Item No, 12B
November 13, 2007
F'age 1 of 2
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve a request
from Mayor Hamilton and Ivey House of Everglades City for a Festival! Camping
Permit to allow for a two-day camping and tourism event in the vicinity of
Everglades City from December 16 -17,2007.
OBJECTIVE: That the Board of County Commissioners (Board) approve a special
request for a Festival/Camping Permit to allow for a two-day camping and tourism
event in the vicinity of Everglades City identified to take place on property owned by Mr.
Ervin Stokes, folio number 0113290002, during the period December 16 - 17, 2007.
CONSIDERATIONS: Mayor Hamilton recently requested a Festival/Camping Permit
for a cam(:j,ing and tourism event scheduled in Everglades City December 16 - 17, 2007
for approximately 700 tourists from Europe. The event is centered on a "Camping in the
Everglades" theme and will include activities within the area to include air boat rides,
tours and related activities. Mayor Hamilton has arranged to have the event held on
private property owned by Mr, Ervin Stokes. The City of Everglades has assumed
through the event planner, Ivey House, all responsibilities for arranging for proper trash
disposal, sanitary hygiene, insurance and appropriate policing and security from the
Collier County Sheriff's Department. Additionally, fire protection services will be
secured,
In recent years the Board has authorized the County Attorney to assist special events to
be permitted pursuant to the Festival! Camping Ordinance, no. 70-11. If this item is
approved by the Board, the County Attorney will assist the City and Ivey House to
comply with the ordinance and issue a Letter of Permit for the event.
FISCAL IMPACT: The permit applicant will pay all appropriate fees related to the
Festival! Camping Permit and services to be secured.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact
associated with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approve this special
event and authorize the County Attorney to issue a Letter of Permit upon the City and
Ivey House providing for sanitary hygiene, security and fire protection, insurance, trash
disposal and other elements deemed appropriate under the Festival ! Camping
Ordinance.
Prepared by: David C. Weigel, County Attorney
-
07-COL-01315/1
1213
PD~le ::.
COLLIER COUNTY
BOA.RD or COUNTY COMMISSlm,!ERS
lIemNumber:
Item Summary:
'01((_'" t-2 ~'f, II< ;-;"Ij ~i ~,liC ,;_1' h-,'/'ITr-'W1d<1iI0'1 r-I<J~ th~' f-Ui-I'(i c,1 COUI"i'
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Meeting Date:
;,'1 "";)'" rHo, "() iqJi
Prcpnred By
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EXECUTIVE SUMMARY
J>.genda item No. 16A 1
November 13, 2007
Page 1 of 6
Recommendation to approve final acceptance of the water and sewer utility
facilities for Andalucia
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 Andalucia, 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 011 September 12, 2006, At that time, the value of these
utility facilities (assets) was $104,964.50 for the water facilities and $149,103.70 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.
6) The PUD Monitoring staff has reviewed this request in relation to possible issues
raised by the applicable HOA. Staff is unaware of any issues that would serve to
negate the recommendation to release the applicable security.
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 $254,068.20.
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.
---
Aoenda Item [\10"1 (:i r,
~. t,Jovernbef 13. 2cJ6
P ? ' ~
RECOMMENDATION: That the Board of County Commissioners, Ex-Officio aWie- '"
Governing Board of the Collier County Water-Sewer District, authorize final acceptance
of these water and sewer utility facilities for Andalucia, 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] or 1
i\~lefl';? :18n-, '.)0 IG.ii,1
COLLIER COUNTY
BOARD OF COUNTY C()MM1S310NERS
'C,'",)
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Approved B~'
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CERTIFICATION OF CONTRIBUTORY ASSETS
Agenda Item NO.1 G,A 1
Novc"rnber 13. 2007
Page 5 of 6
PROJECT NAME:
ANDALUCIA
NAME & ADDRESS OF OWNER:
DJMC Homes, LLC
9310 Corsea Del Fontana Way
Naples, FL 34109
ORIGINAL
TYPE OF UTILITY SYSTEM:
POTABLE WATER MAIN (Materials Only)
8"
8"
8"
1"
314"
1"
1,5"
5011
150
10
8
1
18
75
LF
LF
EA
EA
EA
EA
EA
$9,50
$1120
$650,00
$760,00
$800,00
$35000
$480,00
$47,604.50
$1,680,00
$6,500.00
$6.080,00
$800 00
$6,300.00
$36,000,00
DR-18 PVC WM
DR-14 PVC WM
Gate Valve WM
Air Release Valve WM
Permenant Bacterial Sample Point
Single Water Service
Double Water Service
TOTAL COST
$104,964.50
I do hereby certify that the quantities of material described above are true and accurate representation of
....- the as-installed cost of the system being contributed to Collier County Utilities, Inc..
CERTIFYING: Aaron Hunt-Branch, E,I.
rd- Project Manager
~_i/~
OF: Guymann Construction of FL, INC.
STATE OF FLORIDA )
COUNTY OF COLLIER)
The foregoing instrument was signed and acknowledged belore me this 10th day of April,
2006 by Aaron Hunt-Branch who is personally known to me and who did not take an oath,
SEAL~ fl#iUUA
Notary ubllc
1':'1\. Bev.rly R Homs
\. r!J.) My Commis.ion 00257003
..... E)Cplre, J~uary 16, 2008
.
.
t\Q(~r,da Item N;) lS~, 1
~ Novemher 1 ~3', 2007
Page 6 of6
CERTIFICATION OF CONTRIBUTORY ASSETS
PROJECT NAME:
ANDALUCIA
NAME & ADDRESS OF OWNER:
DJMC Homes, LLC
9310 Corsea Del Fontana Way
Naples, FL 34109
ORIGINAL
TYPE OF UTILITY SYSTEM:
SANITARY SEWER SYSTEM (Materials Only)
~j;:;0!~~,,;;~\rLrA~);;:1;i'iT:;L!.~;;.lli;;-;;
'-~"^"" ,Size '41<-;,\- UnItS:
10" 5068 LF $6,90 $34,969,20
4' 20 EA $1,35000 $27,000.00
6" 14 EA $98,00 $1,372,00
6" 77 EA $150,00 $11,550,00
8' 1 EA $65,000,00 $65,000,00
6" 1370 LF $6.25 $8,562,50
6" 1 EA $650 00 $650,00
10" PVC SDR-26 Sanitary Sewer
Manhole, lET Lined, 4' Diameter
Single Sewer Service wi cleanout
Double Sewer Service wI clean out
Sewage Pumpstaton 30hp pumps
DR.18 PVC Force Main
Plug Valve
TOTAL COST
$149,103.70
I do hereby certify that the quantities of material described above are true and accurate representation of
the as-installed cost of the system being contributed to Collier County Utilrties, Inc..
CERTIFYING: Aaron Hunt-Branch, E.!.
~~~:0<~
OF: Guymann Construction of FL, INC.
STATE OF FLORIDA )
COUNTY OF COLLIER)
The foregoing instrument was signed and acknowledged before me this 12th day of April,
2006 by Aaron Hunt-Branch who is personallv known to me and who did not take an oath
SEAL:
~ ;( !I~
Notary/Public
~;... s...ny R ~
\,... j My Comml_ 00257003
..." ExPb, Jlnuary 18 200
. .
Agenda Hem No, 16A2
Novemberi 3, 2007
Page 1 of 5
EXECUTIVE SUMMARY
To accept final and unconditional conveyance of the water utility facility for The
Meadows at Quail Creek
OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of
the Collier County Water-Sewer District, to accept final and unconditional conveyance of
the water facilities.
CONSIDERATIONS:
1) The Developer of The Meadows at Quail Creek has constructed the water facility
within dedicated easements to serve this development. See attached location map.
2) Preliminary acceptance of this watel' utility facility was approved by the Engineering
Services Department staff on May 30, 2006, At that time, the value of this utility
facility (assets) was $27,604.24, (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.
7) The PUD Monitoring staff has reviewed this request in relation to possible issues
raised by the applicable HOA. Staff is unaware of any issues that would serve to
negate the recommendation to release the applicable security,
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 $27,604.24.
GROWTH MANAGEMENT IMPACT: Approval of this Executive Summary will have no
growth management impact.
~
A~lemja !~(~m [\]1), .16/\2
Ncvern:JE~t :'\, 2C)('7
F--'a;)E': 2 ')1' 5
LEGAL CONSIDERATIONS: No additional legal review from the County Attorney
was required to complete this final acceptance.
RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the
Governing Board of the Collier County Water-Sewer District, to accept final and
unconditional conveyance of the water facility for The Meadows at Quail Creek, 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:
ItemSummllry:
Meeting Date:
] of 1
COLLIER COUNTY
BOI~RD OF CDUNLY COMMISSIOI~EHS
'r,,;,>;'
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Prepared By
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Appruved By
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Agenda Item I~o. 161\2
November 13. 2D07
Page 5 at 5
.
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,-
CERTIFICATI
OF COST CONTRIBUTORY ASSETS. I
INTY
PROJECT NAME:
Meadows @ Quail Creek
LOCATION: Section 20 Township 48 S Range 26 E
Collier County, Florida
copy
NAME & ADDRESS OF OWNER: Meadows @ Quail Creek Village Corp
942 N Collier Blvd
Marco Island, FL 34145
TYPE OF UTILITY SYSTEM: POTABLE WATER (MATERIALS ONLY)
QUANTITIES SIZES DESCRIPTION
1 EA 8" x 8" Tapping Sleeve & Valve
60 LF 8" C-900 DR 14 PVC Pipe
1 EA 8" X 11/2" Master MeIer Assembly
2 EA 8" MJ 450 Bend wi ML
UNIT PRICE
TOTAL COST
1,648.80
8.75
25,062.00
184.22
1,648.80
525.00
25,062.00
368.44
TOTAL COST
27,604.24
I do hereby certify that the quantities of materials described above are a true and accurate representation of
of the system being contributed to Collier County.
OF: Jensen Underground Utilities, Inc.
5585 Taylor Road
Naples, FL 34109
STATE OF FLORIDA )
) 55:
COUNTY OF COLLIER )
The foregoing Instrument was signed and acknowledged before me this 26th day of April, 2006 bREC EI YED
Kevin Jensen, who Is personally known to me and who did not take an oath,' ."
~ APR ~,1""
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SEAL:
nna L. Ventre
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l.ornnllsSlon #I 00 454075
LJon:Jed By Na!i(Jnrll Notary Assn.
I
EXECUTIVE SUMMARY
Agenda Item r'~o. ~16A3
November 13, 2007
Page 1 of 6
Recommendation to approve final acceptance of the water and sewer utility
facilities for Indigo Preserve
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 Indigo Preserve, has constructed the water and sewer facilities
within dedicated easements to serve this development. See attached location map.
2) Preliminary acceptance of these utility facilities was approved by the Engineering
Services Department staff on March 25, 2004. At that time, the value of these utility
facilities (assets) was $19,514.24 for the water facilities and $42,729.80 for the sewer
facilities (see attachment[s]l. 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.
6) The PUD Monitoring staff has reviewed this request in relation to possible issues
raised by the applicable HOA. Staff is unaware of any issues that would serve to
negate the recommendation to release the applicable security.
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 $62,244.04.
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 r'.Jo. H),D,3
November 13, 20(:)7
. . Pace 2 of 6
RECOMMENDATION: That the Board of County Commissioners, Ex-Officio Ihe
Governing Board of the Collier County Water-Sewer District, authorize final acceptance
of these water and sewer utility facilities for Indigo Preserve, 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:
COLLIER COUNTY
80i-\!H,' OF ::::iUNT',' COMNHSS10I~ERS
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OtLce :;1 M~r1~g",me"'! & Budget
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Apllroved By
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8()Md ,>1 Count\'
Comrni,&ioners
(.ownl" M~n~p'"
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County ManJger'5 OHio"
11/:,'200' 3:5, PM
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t Aoenda item No. "16.L',3
.~ November 11 2007
GulhOre Site Development. nc. Page 5 of 6
360 Nursery Lane. Naples, Florida 34119. Phone (239) 348-2744
CERTIFICATION OF CONTRIBUTORY ASSETS - COUNTY
Project Name: INDIGO LAKES PRESERVE f/kla Indigo Lakes Unit 7
~
J
:by
Location: Beaufort Circle and Tybee Island Drive, Naples, Florida
Folio Numbers: 00194360009 & 51978031066
Name and Address of Owner: Kenco Development,lnc., 8310 Big Acorn Circle #1001
Naples, Florida 34119
Type of Utility System: Potable Water (Materials Only)
DESCRIPTION SIZE QUANTITY UNIT UNIT COST TOTAL COST
PVC C-900, DR18 6" 3,705 LF $ 3,70 $ 13,708,50
PVC C-900, DR14 6" 70 LF $ 4.28 $ 299.60
Water Service Casing 4" 27 EA $ 112.80 $ 3,045,60
Gate Valve 6" 3 EA $ 420.18 $ 1 ,260.54
Permanent Sampling Poinl 2 EA $ 600,00 $ 1,200.00
TOTAL COST $ 19,514.24
I do hereby certify that the quantities of material described above are true and accurate representation of the
as-installed cost of the system.
CERTIFYING:
/:-f'
;1- ;;;Z 7-oY'
,~ ."
, '
--:.r ~
, Ifshore Site Development, Inc,
Date
STATE OF FLORIDA}
COUNTY OF )
The foregoing instrument w~ned and acknowledged before me this ;2 7 day of h./3/Z'-l ~1
2004 by \; ~""--<;, It. /c:.c, who is personally known to me and who did not take
~AL
Not pu {} .
My commission expires:
Y-Y'-oG
~'iit; MOlY J. DiPardo
t.t/;;.",), MYCOMMISSION# 00148851 EXPmES
~~~~f September 9, 2006
"!/f,;lif.f,'P !lQNDEO nmu TROV fAlNlNSURANCf,ltK
Page 1 ofl
S,VoJul/...nl'...2QIDoc..mnrt.rIXlS\1420-Util-<:Lrl ofCol<tr ~sxU..xu
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CERTIFICATIOW CONTRIBUTORY ASSETS - CaTY
GmTshore Site Development,Tnc.
360 Nursery Lane. Naples, Florida 34119. Phone (239) 348-2744
,b..;18nda item r~o. '1 G_';3
r-JOV91Tlber 13, 2007
Page G of 6
Project Name: INDIGO LAKES PRESERVE f/kla Indigo Lakes Unit 7
Location: Beaufort Circle and Tybee Island Drive, Naples, Florida
Folio Numbers: 00194360009 & 51978031066
co/::)
"
Name and Address of Owner: Kenco Development,lnc., 8310 Big Acorn Circle #1001
Naples, Florida 34119
Type of Utility System: Sanitary Sewer (Materials Only)
DESCRIPTION SIZE QUANTITY UNIT UNIT COST TOTAL COST
PVC SDR26, 0' - 6' Cut 8" 2,167 LF $ 3.60 $ 7,801.20
PVC SDR26, 6' - 8' Cut 8" 656 LF $ 3.60 $ 2,361.60
PVC SDR26, 8' - 10' Cut 8" 403 LF $ 3.60 $ 1,450.80
PVC Service, Single 6" 20 EA $ 201.50 $ 4,03000
PVC Service, Double 6" 26 EA $ 201.50 $ 5,239.00
Manhole, 0' - 6' Cut 10 EA $ 1,400.75 $ 14,007,50
Manhole, 6' - 8' Cut 2 EA $ 1,759.85 $ 3,519,70
Manhole, 8' - 10' Cut 2 EA $ 2,160.00 $ 4,320.00
TOTAL COST $ 42,729.80
J do hereby certify that the quantities of material described above are true and accurate representation of the
as-installed cost of the system.
CERTIFYING:
/I/~
cP-- --)i! -0 ;I
Date
Gulfshore Site Developmenl, Inc,
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foreg~ instrument wa~si~ned and acknowledged before me this ~ day of ~
2004 by J.tZfJ-tcJ j.j. KilJ (;P Y who is personally known to me and who did not ta
an oath. ' ~""".. ~~ROSIlOAOUGH .
Ctf~ /Jj,I;/ 7~ F[ ,.~ MYCOMMISSION'CC995837 ·
IC/J I~ ~,...,'7 EXPIRES:ApnI20,2005
'l\.?,p,r" BondedThnJ NoW.l)'Public UrldenmtUII
No ry Pub My commission expires:
Page 20J3
S:Vobs\/4uIJ410\DQcllmtflI5\XLS\141Q.Util.Cu/ ofCon/r Asuu.x15
EXECUTIVE SUMMARY
I\oenda It8rr: 1')0. .16A4
t\Jovember 13, 2007
Pa~!e 1 of 5
Recommendation to approve final acceptance of the sewer utility facility for Regency
Autohaus
OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of
the Collier County Water-Sewer District, to accept the conveyance of the sewer facility,
CONSIDERATIONS:
1) The Developer of Regency Autohaus, has constructed the sewer facility within
dedicated easements to serve this development. See attached location map.
2) Preliminary acceptance of this utility facility was approved by the Engineering
Services Department staff on March 29, 2005. At that time, the value of this utility
facility (asset) was $4,813.63 (see attachment(s)). This 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 sewer 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) All on-site sewer shall be owned and operated by the owner.
7) The PUD Monitoring staff has reviewed this request in relation to possible issues
raised by the applicable HOA. Staff is unaware of any issues that would serve to
negate the recommendation to release the applicable security.
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 utility facility, which at the time of
preliminary acceptance had a total (undepreciated) value of $4,813.63.
GROWTH MANAGEMENT IMPACT: Approval of this Executive Summary will have no
growth management impact.
LEGAL CONSIDERATIONS: No additional legal review from the County Attorney
was required to complete this final acceptance.
.'--
,C:l.oenda Hern !~o,16/J.4
v i\Jovember ': 3. 20U7
RECOMMENDATION: That the Board of County Commissioners, Ex-Offici6affi~ of 5
Governing Board of the Collier County Water-Sewer District, to accept final and
unconditional conveyance of the sewer utility facility for Regency Autohaus, and
authorize the County Manager, or his designee, to release any Utilities Performance
Security (UPS) to the Project Engineer or the Developer's designated agent.
PREPARED BY: Jodi Pannullo, Engineering Technician
Item Number:
Item Summary:
Meetlng Date:
Preparell By
.-,-~,;.' 10;:1\,.,1.1110
c.,v"'nunitl. D~"ocl()pf1,,,m &
F,f1'.,lrDnn--,ef1t3i Ser,." C(:$
COLLIER COUNTY
BOARD OF COUNTY COMMISSJO~~tRS
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Pubile Utili;I"', ".[l'liml~'r"'[1
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,-\ppron-d By
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(.tnT'Jf1Ltrt11\' Dev("ltJpm"'''t&
En'/lronm,cnL1IService"
,;<-,nrorf-'ii'lnner
7t1rlong&. LandD(>VIlIDrrrwn1 Review
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Approved By
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l',o~nj of ::ou"iy
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C')\,nll' (",nn~0'" ., ~1fli",
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Agenda Item I'~o. 16,L\4
Novernber 13. 2007
Page 5 of 5
CERTIFICATION OF CONTIBUTORY ASSETS
PROJECT NAME: REGENCY AUTOHAUS
LOCATION: 501 AIRPORT RD. SOUTH, NAPLES, FL 34102
Ci[; r
'7
J
NAME & ADDRESS OF OWNER:
LIEBIG INVESTMENTS INC
501 AIRPORT RD, SOUTH, NAPLES, FL 34102
TYPE OF UTILITY SYSTEM: SEWER SYSTEM
liTEM
SIZE
HDPE SDR 11
SLEEVE FOR TIE-IN
HDPE SDR 11
PLUG VALVESIW BOX
90 DEGREE BEND
INLlNE CHECK VALVE
INSERTS
4"
4"
10"
4"
4"
4"
4"
QUAN. UNIT COST TOTAL I
$0.00 $0.00
841 LF $2,60 $2,186.60
1 EA $108,00 $106.00
35 LF $8.00 $280.00
3 EA $486.01 $1,458.03
1 EA $159,75 $159.75
1 EA $465.25 $465.25
6 EA $26,00 $156.00
TOTAL COST
$4,613.63
I do hereby certify that the quantities of material described above are true and accurate representation of
the material cost of the system being contributed to Collier County Utilities, Inc.
CERTIFYING:
"/~J' 7'ynK/1
OF: CROSS COUNTRY PIPE & RAIL, INC. D,S.A. CROSS COUNTRY UNDERGROUND
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER )
.' I'd. -r::. .
The fo,z;oing instrument was ;ed and acknowledged before me this-L day of~ , 20~S
by /1 I-~/'e.r /71- f/,,: who is personally known to me and who did not take an oath.
a -4' j/~ ,,,,,,,\IIl1lU,,,,qq,,
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EXECUTIVE SUMMARY
f\.genda Item No, 16A5
November 13. 2007
Page 1 of 7
Recommendation to approve final acceptance of the water and sewer utility
facilities for Heritage Bay Entry Road and Sales Trailer
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 Heritage Bay Entry Road and Sales Trailer 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 June 19,2006. At that time, the value of these utility
facilities (assets) was $75,760.30 for the water facilities and $9,202.75 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 Coliier
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.
6) The PUD Monitoring staff has reviewed this request in relation to possible issues
raised by the applicable HOA. Staff is unaware of any issues that would serve to
negate the recommendation to release the applicable security.
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 $84,963.05.
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 iteln No. 16/-\5
Novernbr:;r 13, 200"7
Page 2 of 7
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 Heritage Bay Entry Road and Sales Trailer,
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;
COLLIER COUNTY
BOARD O~ COUNTY COMMISSIONERS
1'~N,
r" Gcrnll.,er:::;et'Crl ic <lDl'm\'0 f,'-, .,1 ;1, ';ertWk(; 0: :h, wot",- <,me:
'.;KI1,tl"'Sfo'
Meeting Date: l'C''11\,1
H 'r:Lie)' B[j~' ',',M d"c:;,,.le: T "8';(>'
Prepared By
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JOdL ~",1"n ui 'r;)
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1-';11;1,,; Utlli\ies
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Corrll"Llnity l)""EllopmGnl&
EnvironmemalS'Hvices
s'.,,,,QrP'<ll1ner
ZOl1i'l(I" L~nd D~'.'clDpm"'n! R.. ..Jew
'()I1Gf20':i13,25PM
r'~te
Approvetl By
Roy S, Allaerson "E.
PUblK Uti:itic-s
Public Utiiittl'~ E..;'gil1c,,-"r;t1~' Directo"
Publi,;U',iliV",Engir)''''''',ng
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C:"llHnUnilj' ('ev()lopmen! S Commun;l:; DtN8bomer>t/i.
E,nVlr'JnCn,Yll:": S,.'rvic0~ E'.nv;rOfw'ent'il SurViC'}'i gdmirl.
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F'n~ir.",-trnCm'i~ Ser.'ices
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Admirris\rati'fcServ,cC!-s
f,r, ph C'11 tot' ~., :,,,,,1.,.5t
Illforlmlt'orT<,~hnology
10.'2412007 TAB f..M
Date
Approved By
Pandy Gr"onwald
Count,. Manaqers Offrclo
ManapSr'd("'tIBud"p\ ;-",,,~Iyst
OEi<:coiMnL"gcmnfll.& [)udget
10;;'<112007 8:2,"1 ~I,'
D~I:I'
Appr(l~cd By
Mar~' I~;;:ck~on
County Milllage'.'5 O/hee
B~,d9l)t An<llys;
om"", 01 Marwgemenl & Budg()t
10'~Sf2007 11;21 AM
Approved By
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l.:,oenca item f'-lo, 16,1.\5
~ Nov'2r-nber 13. 2007
Page 6 of 7
CERTIFICATION OF CONTRIBUTORY ASSETS- COUNTY
PROJECT NAME: Heritage Bay Entry Road
LOCATION: Section 23, Township 48 South, Range 26 East
Collier County, Florida
OWNER: Bayvest, LLC
10492 Six Mile Cypress Parkway
Fort Myers, FL 35912
TYPE OF UTILITY SYSTEM: POTABLE WATER
ITEM SIZE UNIT # UNIT nit Pric TOTAL
20" HOPE (OR17) 20" LF 160 $49.50 $7,920.00
16" HOPE (OR21) 16" LF 65 $25.50 $1,657.50
12" PVC CL150 Water Main 12" LF 491 $1545 $7,585.95
12" PVC CL200 Water Main 12" LF 110 $17.50 $1,925.00
12" HOPE (OR11) 12" LF 225 $27.00 $6,075.00
10" PVC CL 150 Water Main 10" LF 1683 $16.75 $28,190.25
10" PVC CL200 Water Main 10" LF 132 $18.80 $2,481.60
6" PVC CL 150 Water Main 6" LF 100 $4.25 $425.00
16" Gate Valve 16" EA 4 $2,250,00 $9,000.00
12" Gate Valve 12" EA 5 $850,00 $4,250.00
10" Gate Valve 10" EA 2 $800.00 $1,600.00
12" Blow-off 12" EA 1 $1,200.00 $1,200.00
Air Release Valve 10" EA 2 $750.00 $1,500,00
Perm, Sample Point 10" EA 2 $775.00 $1,550.00
Single Water Service (Tvp.) 1" EA 1 $400,00 $400.00
TOTAL COST $75,760.30
I do hereby certify that the quantities of material and services described above are a true and
accurate representation of the as-Installed cost of the system.
CERTIFYING'
Brio~ V;~ ,~""..f
MITCHELL & STARK CONSTRUCTION CO.INC
6001 Shirley Street
Naples, Florida 34109
STATE OF FLORIDA )
) 55:
COUNTY OF COLLIER )
,
nstrument was signed and acknowledged before me this ...ll!...... day of October, 2007 by
, who is personally known to me and who did not take an oath.
SEAL:
"',^"""" RUSSELL H. DE JONGE
,(,!,"'is,,~i MY COMMISSION I 00 S39117
;.,;.~;,; EXPIRES: August 11, 2010
':o~it;'~;k... Bon~Tl1NNO\arypUblicUndSfWnt~s
.."r"","
..
-.
Agenda Item No. 16.6.5
November 13, 2007
Page '7 of?
VERIFICATION OF CONTRIBUTORY ASSETS - COUNTY
PROJECT NAME: Heritage Bay Entry Road
LOCATION: Section 23, Township 48 South, Range 26 East
Collier County, Florida
Bayvest, LLC
10492 Six Mile Cypress Parkway
Fort Myers, FL 35912
~!fVW
OWNER:
TYPE OF UTILITY SYSTEM: SANITARY SEWER
ITEM SIZE UNIT # UNIT Unit Price TOTAL
10" PVC CL 150 Force Main LF 174 $9.50 $1,653.00
10" PVC CL200 Force Main LF 102 $10.50 $1,071.00
6" PVC CL 150 Force Main LF 115 $6.75 $776.25
6" PVC CL200 Force Main LF 60 $8.50 $510.00
10" Plun Valve EA 1 $1,200.00 $1,200.00
6" Pilla Valve EA 1 $750.00 $750.00
Air Release Valve LF 2 $1,275.00 $2,550.00
6" Standard Service in Excess 01 60' LF 277 $2.50 $692.50
'c I TOTAL COST $9,202.75
I do hereby certify that the quantities 01 material described above are true and
accurate representation of the as Installed cost of the system
CERTIFYING:
;;Y/~
Brian Penner, Vice President of
MITCHELL & STARK CONSTRUCTION CO. INC.
6001 Shirley Street
Naples, FL 34109
State of Florida
Collier County
ng instrument wa signed and acknowledged belor me this February 8, 2006
so ally known to me and who did not take take an oath.
"-:;'~"~"'" RUSSELL H, SFX~W'.f:,
/f':&""fi:;, MY COMMISSION' DC "",'~
~;:.. .1"1 EXPIRES: AuguSl11. 2GOl>
~1.r."l.O.,~" BoOdedThIUNO\lIrypubl<<;:Undf"WIlIe'$
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112~1200e. 164221 V8I11. AHOLLANO
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NU4.2.203-001.ES6M.30235
I\qenda Item No, '16A6
- November 13, 2007
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation to approve final acceptance of the water and sewer utility
facilities for Gusto Bella Vita
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 Gusto Bella Vita, 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 September 19, 2006. At that time, the value of these
utility facilities (assets) was $92,191.84 for the water facilities and $1,347.50 for the
sewer facilities (see attachment[s]). This final acceptance is in accordance with
Collier County Ordinance No. 2004-31, as amended.
.-
3) Staff recorded all preliminary acceptance documents in the public records of Collier
County, which have been reviewed and approved by the County Attorney's office as
to form and legal sufficiency.
4) The water and sewer facilities have been operated and maintained by the Collier
County Water-Sewer District during, not less than, the required one (1) year warranty
period.
5) A final inspection to discover defects in materials and workmanship has been
conducted by the Engineering Services Department staff, and these facilities have
been found to be satisfactory and acceptable,
6) The water utility infrastructure connected beyond the master meter is owned and
maintained by the owner.
7) The PUD Monitoring staff has reviewed this request in relation to possible issues
raised by the applicable HOA Staff is unaware of any issues that would serve to
negate the recommendation to release the applicable security.
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 $93,539.34.
-- GROWTH MANAGEMENT IMPACT: Approval of this Executive Summary will have no
growth management impact.
Aqenda Item I\Jo. "i6A6
~ r~O\lernb9r 13. 2007
20f6
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 Gusto Bella Vita, 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:
COLLIER COllNTY
BOARD OF COUNTY COMMISSIONERS
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Agenda Item !\Jo. 16A6
November 13. 2007
Page 5 016
CERTIFICATION OF CONTRIBUTORY ASSETS - COUNTY
PROJECT NAME:
LOCATION:
Gusto Bella Vita
Section 18, Township 49 S Range 26 E
..
:J'OPy
NAME &ADORESS OF OWNER:
Equity Resources, LLC
3800 Corporate Wood drive SuRe 100
Birmingham, Alabama 35242
Phone 205-969-1131
1YPE OF UTILITY SYSTEM: POTABLE WATER (MATERIALS ONLY)
lITEM SIZE QUAN. UNIT COST TOTAL I
lZ" DR-18 1,097 LF $13.49 $ 14,79B,53
lZ"DR-14 143 LF $17.42 $ 2.491.06
10"DR-14 61 LF $12.76 $ 776.36
12" Gate Valve 3 EA $1,229.19 $ 3,687.57
10" Gate Valve 1 EA $1,005.36 $ 1,005.36
ARV 1 EA $786,35 $ 786.35
1" Service 1 EA $265,00 $ 265.00
12" Tee 2 fA $461.20 $ 922.40
12" MJ 45 8 EA $300,41 $ 2,403.28
12" x10" Tee 1 EA $365,14 $ 365.14
10" MJ 90 1 EA $282.03 $ 282.03
10"x8" MJ Red 1 EA $183.69 $ 183,69
12"xB" MJ Red 1 EA $223.07 $ 223.07
8" x 2" Meter 2 EA $32,000.00 $ 54,000.00
TOTAL COST $ 92,191,84
I do hereby certify that the quantities of material described above are true and accurate representation of the
system being contributed to CoUler Couhly Utilities, Inc..
~
~~~
DavId Martin
Cross Country Underground
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was signed and acknowledged before me this 1st day of September, 2006
by David Martin who is personally known to me and who did not take an oath.
~~~
Debra A. Maris: ubiie
SEAL:
~.:-~,~~~'t;;t-o} DEe~A A. MANSfIELD
f li]."'~. Notary PUblic. stete ofFler/do
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.
.
.
,I\genda Item No. 161\6
t-Jovember 13, 2007
Page 6 of6
CERT1FICA nON OF CONTRIBUTORY ASSETS - COUNTY
PROJECT NAME: Gusto Bella Vita
LOCATION: Section 18. Township 49 S Range 26 E
NAME & ADDRESS OF OWNER:
Equity Resocm:es, LLC
3800 Corporate Wood drive Suite 100
Birmingham. Alabama 35242
Phone 205-969-1131
COpy
TYPE OF UTILITY SYSTEM: SANITARY SewER (MATERIALS ONLY)
liTEM SIZE QUAN. UNIT COST TOTAL I
10"><6" Tapping Sleeve and Valve 1 EA $1,150.00 $ 1.150.00
6" PVC DR-18 4 LF 4.00 $ 16,00
6" MJ 45 1 EA 181.50 $ 181.50
TOTAL COST $ 1,347.50
I do hereby certify that the quantities of material described above are true and accurate representation of the
system being conbibuted to Collier County Utilities, Inc..
CERTIFYING;
~ (/
e/~// ~U/r/Z:-
D rtin
Cross Country Underground
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was signed and acknowledged before me this 1 st day of September, 2006
by David Martin wIlo Is personally known to me and who did nol take an oath.
-0Y){ O*/\~ 0 au
Meghan Kelly: N Public
SEAL:
~'~. Meglw '<II,' Kelly I
f CooMTri~.. -, )O:T~ I
' Jj' expires -" >ry 6, 2009
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EXECUTIVE SUMMARY
Agenda item No. "16A7
November 13, 2007
Page 1 of 6
Recommendation to approve final acceptance of the water and sewer utility
facilities for Santorini Villas
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 Santorini Villas, 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 June 14, 2000. At that time, the value of these utility
facilities (assets) was $38,265 for the water facilities and $39,820 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.
6) The PUD Monitoring staff has reviewed this request in relation to possible issues
raised by the applicable HOA. Staff is unaware of any issues that would serve to
negate the recommendation to release the applicable security.
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 $78,085,
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.
I\genda item I'~o. 16J\7
r~ov:.:::rnber ~i3, 2007
RECOMMENDATION: That the Board of County Commissioners, Ex-Offici<~)"W;~ of 6
Governing Board of the Collier County Water-Sewer District, authorize final acceptance
of these water and sewer utility facilities for Santorini Villas, 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:
IlemSummary:
Meeting Dale:
~'<1elldi; Ifsr!1 -JG
COLLIER COUNTY
BOARD Qf COI.HJTV COMM!SSlor,lEf.~S
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Page 1 of 1
';u;ij
11/7/2007
7676 Jean Boulevard
Fort Myers, Florida 33912
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,tl.,qenda Item l\lo. 16,;;7
~ N(~r9lH1NrcI8854
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FaX#::~1 -8864
~])J)I %111.-
PROJECT: SANTORINI VILLAS
VERIFICATION OF FINAL COST - POTABLE WATER SYSTEM
DESCRIPTION QUANTIT'/ UNIT UNIT PRICE TOTAL
POTABLE WATER
8" DR18 WATERMAIN 1,500 LF $ 12.00 $ 18.000.00
8" DR14 WATERMAIN 40 LF $ 13.50 $ 540.00
DEAD END FIRE HYDRANT ASSEMBLY 1 EA $ 2.000.00 $ 2,000.00
FIRE HYDRANT ASSEMBLY 3 EA $ 1.900.00 $ 5,700.00
8" GATE VALVE 1 EA $ 900.00 $ 900.00
8" DEFLECTION 2 EA $ 1.450.00 $ 2,900.00
AIR RELEASE VAJ...VE 1 EA $ 1.000.00 $ 1,000.00
PERMANENT BACTERIOLOGICAL SAMPLE PT. 1 EA $ 800.00 $ 800.00
4" CONDUITS 750 LF $ 3.50 $ 2.625.00
3-M LOCATORS 30 EA $ 20.00 $ 600.00
MISCELLANEOUS MJ FITTINGS 1 LS $ 3,200.00 $ 3,200.00
TOTAL POTABLE WATER: $ 38,265.00
7676 Jean Boulevard
Fort Myers, Florida 33912
.
.
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PROJECT: SANTORINI VILLAS
VERIFICATION OF FINAL COST - SANITARY SEWER SYSTEM
DESCRIPTION
MANHOLES (lJ.6')
MANHOLES (6-8')
MANHOLES (8-10')
8" SDR26 SEWER MAIN (0-6')
8" SDR26 SEWER MAIN (6-8')
6" SDR26 SEWER LATERALS
6" SINGLE CLEANOUT ASSEMBLY
6" DOUBLE CLEANOUT ASSEMBLY
TOTAL SANITARY SEWER:
QUANTITY UNIT
3 EA
2 EA
1 EA
930 LF
410 LF
695 LF
9 EA
23 EA
UNIT PRICE
$ 1,400.00 $
$ 1,600.00 $
$ 2,100,00 $
$ 14.00 $
$ 16.00 $
$ 9.00 $
$ 115,00 $
$ 150.00 $
$
-L\genda Hem i--Jo. .j C.AI
N'P'11B.~r941,#3~: 854
Fax#: : ~1-"37-f864
TOTAL
4,200.00
3,200.00
2,100.00
13,020.00
6,560.00
6,255.00
1 ,035.00
3,450.00
39,820.00
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Agenda Item No, 161\8
November 13, 2007
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation to approve for recording the final plat of Sandalwood, approval of the
standard form Construction and Maintenance Agreement and approval of the amount of
the performance security
OBJECTIVE:
To approve for recording the final plat of Sandalwood, a subdivision of lands located in Section
13, Township 48 South, Range 25 East, Collier County, Florida, following the alternative
procedure for approval of subdivision plats pursuant to Resolution 99-199.
CONSIDERATIONS:
Engineering Services Department has completed the review of the construction drawings,
specifications, and final plat of Sandalwood. These documents are in compliance with the
County Land Development Code and Florida State Statute No. 177, All fees have been paid.
Security in the amount of 10% of the total cost of the required improvements, and 100% of the
cost of any remaining improvements, together with a Construction and lV1aintenance Agreement
for Subdivision Improvements, shall be provided and accepted by the Engineering Services
Director and the County Attorney's office prior to the recording of the final plat. This would be in
conformance with the County Land Development Code -- Section 10.02,04.
Engineering Services Department recommends that the final plat of Sandalwood be approved
for recording.
FISCAL IMPACT:
The project cost is $2,032,620.00 (estimated) to be borne by the
developer.
The cost breakdown is as follows:
a)
b)
Water & Sewer
Drainage,
Paving, Grading
- $ 411,086.67
- $1,621,533.33
The Security amount, equal to 110% of the
project cost, is $2,235,882.00
The County will realize revenues as follows:
-
Fund: Community Development Fund 131
Agency: County lV1anager
Cost Center: 138327 -- Engineering Project Review
Revenue generated by this project:
Total: $62,083.60
Aqenda Item [-\]0. '1 c.g.a
~ r-Jo\!8rnber i 3 )007
Fees are based on a construction estimate of $2,032,620,00 and were pa'fuHI"l'2- of 8
November, 2005 and April, 2007.
The breakdown is as follows:
a) Plat Review Fee ($1,000.00 + $5./ac) -$ 1,105.00
b) Construction Drawing Review Fee
Water &
Sewer (.75% const. est.) - $ 3,083.15
c) Drainage,
Paving, Grading (.75% const. est.) - $12,161.50
d) Construction Inspection Fee
Water &
Sewer (2.25% canst. est.) - $ 9,249.45
e) Drainage, Paving,
Grading(2,25%const.est) - $36,484.50
GROWTH MANAGEMENT IMPACT:
The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of
the construction plan final approval letter.
ENVIRONMENTAL ISSUES:
There are no outstanding environmental issues.
HISTORICAL/ARCHAEOLOGICAL IMPACT:
There are no historical or archaeological impacts. If during the course of site clearing,
excavation or other construction activity, a historic or archaeological artifact is found, all
development within the minimum area necessary to protect the discovery shall be
immediately stopped and the Collier County Code Enforcement Department contacted.
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the plat and associated legal
documents for legal sufficiency.
RECOMMENDATION:
That the Board of County Commissioners approve the final plat of Sandalwood for recording
with the following stipulations:
1. Approve the amount of $2,235,882.00 as performance security for the required
improvements; or such lesser amount based on work completed, and as is approved by the
Engineering Services Department.
2. Approve the standard form Construction and Maintenance Agreement, and
a. That no Certificates of Occupancy be granted until the required improvements have
received preliminary acceptance.
b. That the plat not be recorded until suitable security and an appropriate Construction
and Maintenance Agreement is approved and accepted by the Engineering Services
Department Director and the County Attorney's office,
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department
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Meeting Date:
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Agenda item !'-.jc. 16.A.9
Novembel' 13, 2007
Page 1 of 28
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 Owner of Record Property Address Lien
Amount
OSM 2005050140 Oakes Fanns, Inv., Cia Francis A. Oakes, Jr. 2205 Davis Blvd., Naples FL $5,000,00
OSM 2005060322 Wonh B. Johnson 6368 Adkins, Naples FL $156.90
Frank Aloia, Jr., Trustee, Cinema Land
OSM 2005120637 Trust 5249 Alabama A venue $182.40
OSM 2006020R26 Peggy Archihald 5366 Calts St, Naples, FL $170.1 I
OSM 2006050082 Herminia RiDS Lopez 774 EI Paso Trail, Naples FL $624.64
Richard Barrett Estate and Anadelia 702 Jefferson A venue W.
OSM 2006120336 Hernandez Immokalee, FL $120.94
OSM 2007030404 Elizabeth Herrera 222 N. 5"' Street, Naples FL $252.38
OSM 2007020475 Linda G. Midlam 509031" Avenue SW, Naples FL $625,82
OSM 2006100R42 Leonardo Hernandez 219 7th Street North, Naples FL $121.05
OSM 2005090008 Barbara Long 3 190 Walker Lane, Naples, FL $2,550,00
OSM 2006030179 Alicia Lopez and Arcadia Zepeda 233 Adams Avenue E., Naples FL $118.90
OSM 2006030180 Alicia Lopez and Arcadia Zepeda 233 Adams A venue E, Naples FL $900.00
OSM 2007010119 Kima Watt 854109"' Avenue, Naples, FL $252,52
Angela Marie Perkins and Johnathan
OSM 2007040080 Wayne Perkins 2679 Becca A venue, Naples, FL 5248.40
3026 Immokalee Drive, Immokalee,
OSM 2006120183 Josephina Munoz FL 5453.11
OSM 2007030607 Steven T. Spaulding and Doreen Spaulding 4589 30th Ave. SW, Naples, FL 5263.4 7
CEB 2005-22 David Woodworth 3056 Areca Avenue, Naples, FL $1,388,05
CEB 2006-35 Cloe Waterfield 2432 Lake Avenue, Naples, FL $478.45
CEB 2006-4 I Lisa Marie Hodge 2181 Platt Road, Naples, FL 5349.29
4520 Green Blvd (and 4266
CEB 2006-42 Worthwhile Development .I efferson Lane) $6,000.00
Rev 12/06
Item l\jo.It;P,9
[\I0VeiTl[)f.::' : 3, 2UC7
Page :2 of 2E:
Cesario and Y onaeia Nunez, deceased 204 Madison Avenue W.
CEB 2007-20 Gerald and Elvira Warden Immokalee, FL $343.19
County Address #9851 L Collier
CEB 2007-12 Marlene Santilli County, FL $544,51
CEB 2003-052 Manuel Paeacios and Aida Jauregui 118641" Avenue N.W., Naples FL $L025.60
CEB 2004-060 Jeny and Janice Miller 426068'" Avenue NE, Naples, FL $4,000.00
CEB 2004-061 Gerald and Louise Miller 4251 66'" Avenue NE, Naples, FL $4,000.00
TOTAL $30,169.73
FISCAL IMPACT:
Costs incun'ed by the County are costs of recording the Release and Satisfactions of Lien
estimated to be $10.00 per release, totaling $250.00, which is budgeted and available in
the current fiscal year Code Enforcement budget.
GROWTH MANAGEMENT IMPACT:
This request will have no impact on the County's Growth Management Plan.
LEGAL CONSIDERATION:
This request has been reviewed for legal sufficiency and has no outstanding legal
considerations.
RECOMMENDA nON:
That the Board of County Commissioners approve the Release and Satisfactions of Lien.
PREPARED BY:
Bendisa Marku, Operations Coordinator, Code Enforcement
Rev 12/06
Page 1 of I
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COLLIER COUNTY
BOAR[; c,r- COtH,'TY COMMISSIO~fP.S
Item Number:
1<;,,\'
Item Summary:
F'-'ecctl'merdahn W C:PPrfJ'.I8 \m',' ?(~;e;-)8" ::ond ~',:lt;sl!'CI:ons c~ I i,"~ !ur ()!,,,'m81",\,, receiver! f::;r
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Meeting Date:
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Micj",lk,Ectw,lrrL;(\rllcld
CotkEl1iorcem"nl Director
Date
(;omrnUllltyDnveiopm(.'nt&
Envlroruncnta! ",er,-'I(;e~
Code Entnn:eonlmt
10i2~"2007 121J PM
Approved 8y
M<lrl()ne StewJrt
E:~ecuiFv" Secretnry
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This instrument prepared by;
JeffE Wright
Assistant County Attorney
2800 N. Horseshoe Drive, Sic 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 16,2007, a certified copy of which was recorded on February 28,
2007, in O.R. Book 4190, Pages 0565-67, 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 Oakes Farms, Inc., c/o Francis A. Oakes,
Jr., has been discharged in full:
Oakes Farms, Inc" clo Francis A. Oakes, Jr.
2205 Davis Blvd.
Naples, Florida
Folio No.:
Payment:
Reference:
00386000009
$5,000
OSM Case No. 2005-050140
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 Oakes Farms, Inc" c/o Francis A. Oakes, Jr., and consents to
this lien being discharged of record.
Dated this
day of
,2007.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
JAMES COLETTA, CHAIRMAN
ght
t County Attorney
.L.oenda it~;m I'.Jc. 'IC.t.g
~ 1'~()Velll[)9~- ; 3, 2C)iJ?
5 of 28
This instrument prepared by:
JeffE. Wright
Assistant County Attorney
2800 N. Horseshoe Drive, Ste 301
Naples, Florida 341 04
(239) 213-2939
RELEASE AND SATISFACTION OF LIEN
This is to certify that the claim of lien arising out of the Order of Special Master
dated September 2, 2005, a certified copy of which was recorded on September 19, 2005
in O,R, Book 3892, Page 1602, 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 Worth B, Johnson, has been discharged in full:
Worth B. Johnson
6368 Adkins
Naples, Florida
Folio No.:
Cost:
Reference:
00422600004
$ I 56,90
OSM Case No. 2005-060322
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 Worth B, Johnson, and consents to this lien being
discharged of record.
Dated this
day of
,2007,
ATTEST:
DWIGHT E, BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
JAMES COLETTA, CHAIRMAN
Approved as to form and
legal sufficiency:
~
Je E. 'ght
Assl t County Attorney
it ~:; 'I'
'-,"',
! '.);':\~-i
!<JC)'-.'S':;-;~.\0';' 20Cif
[) of 28
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 17,2006, a certified copy of which was recorded on April 24, 2006,
in OcR. Book 4023, Page 0879, 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 Frank Aloia Jr, Trustee, Cinema Land Trust, has been
discharged in full:
Frank Aloia, Jr., Trustee, Cinema Land Trust
5249 Alabama Avenue
Naples, Florida
Folio No.
Payment:
Reference:
62150840006
$182.40
OSM Case No, 2005-120637
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 Frank Aloia Jr, Trustee, Cinema Land Trust, and consents to
this lien being discharged of record.
Dated this
day of
,2007.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
JAMES COLETTA, CHAIRMAN
Approved as to form and
legal s clency:
itsrn ~~C. 16l\,9
!'~ov8nlbe:1 ~:',. 20(17
Page 7 of 28
This instrument prepared by:
Jeff E. Wright
Assistant County Attorney
2800 N. Horseshoe Drive, Ste 30]
Naples, Florida 341 04
(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
OcR. Book 4032, Page 1127, of the Public Records of Collier County, Florida, against the
following described real property, and all other real and personal property located in
Collier County, owned by Peggy Archibald, has been discharged in full:
Peggy Archibald
5366 Catts St
Naples, Florida
Folio No.:
Payment:
Reference:
62094120002
$170.11
OSM Case No. 2006-020826
The undersigned is authorized to and does hereby release this lien as to the
whole of the above-described real property, and all other real and personal
property owned by Peggy Archibald, and consents to this lien being discharged of
record.
Dated this
day of
,2007.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
JAMES COLETTA, CHAIRMAN
Approved as to form and
legal ufficiency:
~
t
t County Attorney
,0.,penca Item I~c. 16i\S'
1'-...: Gvern[)e:- 1 ='. :20;Y7
F'898 8 of 28
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 18, 2007, a certified copy of which was recorded on June 5, 2007, in
O.R. Book 4238, Pages 3424-25, 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 Herminia Rios Lopez, has been discharged in full:
Herminia Rios Lopez
774 EI Paso Trail
Naples, Florida
Folio No.:
Payment:
Reference:
00082962742
$624.64
OSM Case No. 2006-050082
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 Herminia Rios Lopez, and consents to this lien being
discharged of record.
Dated this
day of
,2007.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
JAMESCOLETTA,CH~N
Approved as to form and
legal S Iciency:
Item H)!~;:~)
November ~'. 2007
Page 8 of 28
This instrument prepared by:
JeffE. Wright
Assistant County Attorney
2800 N. Horseshoe Drive, Ste 301
Naples, Florida 341 04
(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 20, 2007, a certified copy of which was recorded on May 3, 2007, in
O.R. Book 4223, Pages 1474-75, 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 Richard Barrett Estate and Anadelia Hernandez, has
been discharged in full:
Richard Barrett Estate and Anadelia Hernandez
702 Jefferson Avenue W.
Immokalee, Florida
Folio No.:
Payment:
Reference:
63855040003
$120.94
OSM Case No. 2006-120336
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 Richard Barrett Estate and Anadelia Hernandez, 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 fficiency:
r
itS,T! !'0c> 1 C,L\9
i\;2\'e:::DS: ~i 3. :2D'=;:
':8 of 2e,
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 18,2007, a certified copy of which was recorded on June 5, 2007, in
O.R. Book 4238, Pages 3409-10, 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 Elizabeth Herrera, has been discharged in full:
Elizabeth Herrera
222 N. 5th Street
Naples, Florida
Folio No.:
Payment:
Reference:
60180920008
$252.38
OSM Case No. 2007-030404
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 Elizabeth Herrera, and consents to this lien being discharged of
record.
Dated this
day of
,2007.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
JAMES COLETTA, CHAIRMAN
Approved as to form and
~
Jeff . t
Assis t County Attorney
Agenda Item r,Jo" 16,t,9
NovelTlber 13, 2007
11 elf 23
This instrument prepared by:
Jeff E Wright
Assistant County Attorney
2800 N. Horseshoe Drive, Ste 301
Naples, Flonda 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 18,2007, a certified copy of which was recorded on June 5, 2007, in
O.R. Book 4238, Pages 3389-90, of the Public Records of Collier County, Florida,
against the following described real property, and all other real and personal property
located in Collier County, owned by Linda G. Midlam, has been discharged in full:
Linda G. Midlam
509031" Avenue SW
Naples, Florida
Folio No.:
Payment:
Reference:
36437400001
$625.82
OSM Case No. 2007-020475
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 Linda G. Midlam, and consents to this lien being discharged of
record.
Dated this
day of
,2007.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
JAMES COLETTA, CHAIRMAN
Approved as to form and
legal sufficiency:
!lS:L [\ie. 1G/i,S;
Hc:,v~;rr;t}8:' 1 ~:~, 2007
Page 12 of 28
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 2,2007, a certified copy of which was recorded on February 12,
2007, in O.R. Book 4182, Pages 0026-27, 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 Leonardo Hernandez, has been discharged
in full:
Leonardo Hernandez
219 7th Street North
Immokalee, Florida
Folio No.:
Payment:
Reference:
52651400007
$121.05
OSM Case No. 2006-100842
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 Leonardo Hernandez, and consents to this lien being
discharged of record.
Dated this
day of
,2007.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
JAMESCOLETTA,CH~AN
Approved as to form and
',~
Jeff. ri ht
Assis nt County Attorney
Aoenda Item I-Jc. 1 EiA9
~ November '13, 2007
Page :3 of 28
This instrument prepared by:
JeffE. Wright
Assistant County Attorney
2800 N. Horseshoe Drive, Ste 301
Naples, Florida 34 J 04
(239) 213.2939
RELEASE AND SA TISF ACTION OF LIEN
This is to certify that the claim of lien arising out of the Order of the Special
Master dated April 6, 2007, a certified copy of which was recorded on April 19, 2007, in
OR Book 4215, Pages 4132-33, of the Public Records of CoJlier County, Florida,
against the following described real property, and aJl other real and personal property
located in Collier County, owned by Barbara Long, has been discharged in full:
Barbara Long
3190 Walker Lane
Naples, Florida
Folio No.:
Payment:
Reference:
61842600005
$2,550.00
OSM Case No. 2005-090008
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 Barbara Long, and consents to this lien being discharged of
record.
Dated this
day of
,2007.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
JAMES COLETTA, CHAIRMAN
, Deputy Clerk
Approved as to form and
legal Iciency:
~
::err I'\c. ~! 6.'\
i~DVeiT1De, '13, 2CG
Page 14 of 2
This instrument prepared by:
Jeff E. Wright
Assistant County Attorney
2800 N. Horseshoe Drive, Ste 301
Naples, Florida 34104
(239) 213-2939
RELEASE AND SATISFACTION OF LIEN
This is to certifY that the claim of lien arising out of the Order of the Special
Master dated March 2, 2007, a certified copy of which was recorded on March 20, 2007,
in O.R. Book 4199, Pages 1618-19, of the Public Records of Collier County, Florida,
against the following described real property, and all other real and personal property
located in Collier County, owned by Alicia Lopez and Arcadia Zepeda, has been
discharged in full:
Alicia Lopez and Arcadia Zepeda
233 Adams Avenue E,
Naples, Florida
Folio No.:
Payment:
Reference:
63865840002
$118.90
OSM Case No, 2006-030179
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 Alicia Lopez and Arcadia Zepeda, and consents to this lien
being discharged of record,
Dated this
day of
,2007.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
JAMES COLETTA, CHAllUdAN
Approved as to form and
legal ufficiency:
.
Je E right
Ass tant County Attorney
Item l'.Jo. 16_13,9
t~overnber : 3. 2007
Page 15 of 28
This instrument prepared by:
Jeff E. Wright
Assistant County Attorney
2800 N. Horseshoe Drive, Ste 301
Naples, Florida 34104
(239) 213.2939
RELEASE AND SATISFACTION OF LIEN
This is to certify that the claim of lien arising out of the Order of the Special
Master dated March 2, 2007, a certified copy of which was recorded on March 20, 2007,
in O.R. Book 4199, Pages 1620-21, 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 Alicia Lopez and Arcadia Zepeda, has been
discharged in full:
Alicia Lopez and Arcadia Zepeda
233 Adams Avenue E.
Naples, Florida
Folio No.:
Payment:
Reference:
63865840002
$900.00
OSM Case No. 2006-030180
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 Alicia Lopez and Arcadia Zepeda, and consents to this lien
being discharged of record.
Dated this
day of
,2007.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
JAMES COLETTA, CHAIRMAN
Approved as to form and
legal, fficiency:
;',;Er:j.::: lIe:Ti 1\10, 'iC.-'\fi
:.~C'lv:::;:.r:De A:~: 2007
'16 of 28
This instrument prepared by:
Jeff E. Wright
Assistant County Attorney
2800 N. Horseshoe Drive, Ste 301
Naples, Florida 341 04
(239) 21 3.2939
RELEASE AND SATISFACTION OF LIEN
This is to certifY that the claim of lien arising out of the Amended Order of the
Special Master dated June 18,2007, a certified copy of which was recorded on June 22,
2007, in O.R. Book 4248, Pages 1788-89, 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 Kima Watt, has been discharged in full:
Kima Watt
854 109th Avenue
Naples, Florida
Folio No.:
Payment:
Reference:
62411800002
$252.52
OSM Case No. 2007-010119
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 Kima Watt, and consents to this lien being discharged of
record.
Dated this
day of
,2007.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
JAMESCOLETTA,CH~AN
Je E 'ght
As' ant County Attorney
,L:.,genda item I'-Jc. 16Jl.9
Novembe~. 13. 2007
Page 17 of28
This instrument prepared by:
Jeff E. Wright
Assistant County Attorney
2800 N. Horseshoe Drive, Ste 30 I
Naples, Florida 34104
(239) 213-2939
RELEASE AND SATISFACTION OF LIEN
This is to certifY that the claim of lien arising out of the Amended Order of the
Special Master dated June 20, 2007, a certified copy of which was recorded on June 22,
2007, in OR Book 4248, Pages 1794-95, 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 Angela Marie Perkins and Johnathan
Wayne Perkins, has been discharged in full:
Angela Marie Perkins and Johnathan Wayne Perkins
2679 Becca Avenue
Naples, Florida
Folio No.:
Payment:
Reference:
81271080001
$248.40
OSM Case No. 2007-040080
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 Angela Marie Perkins and Johnathan Wayne Perkins, and
consents to this lien being discharged of record.
Dated this
day of
,2007.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
JAMES COLETTA, CHAIRMAN
Approved as to form and
legal fficiency:
!L2m t'~c. 1Gb,S
i\;ovembe: -: ~', 2(;07
?a~]8 is CJf :2fi
This instrument prepared by;
Jeff E. Wright
Assistant County Attorney
2800 N. Horseshoe Drive, Ste 301
Naples, Florida 34104
(239) 213.2939
RELEASE AND SATISFACTION OF LIEN
This is to certifY that the claim of lien arising out of the Order of the Special
Master dated March 2, 2007, a certified copy of which was recorded on March 14, 2007,
in O.R. Book 4197, Pages 1103-04, 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 Josefina Munoz, has been discharged in full:
Josefina Munoz
3026 Immokalee Drive
Immokalee, Florida
Folio No.:
Payment:
Reference:
00081120006
$453.11
OSM Case No. 2006-120183
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 Josefina Munoz, and consents to this lien being discharged of
record.
day of
,2007.
Dated this
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
JAMES COLETTA, CHAIRMAN
i\oenCl2 Item I'~,:: 'i e;l's
, N:::)\Iembei ~i'~;'. 2007
Page 19 of 2[;
This instrument prepared by:
JeffE. Wnght
Assistant County Attorney
2800 N, Horseshoe Drive. Ste 301
Naples, Florida 34104
(239) 213.2939
RELEASE AND SATISFACTION OF LIEN
This is to certify that the claim of lien arising out of the Order of the Special
Master dated May 18, 2007, a certified copy of which was recorded on JWle 5, 2007, in
O,R, Book 4238, Pages 3407-08, of the Public Records of Collier County, Florida,
against the following described real property, and all other real and personal property
located in Collier COWlty, owned by Steven T. Spaulding and Doreen Spaulding, has been
discharged in full:
Steven T. Spaulding and Doreen Spaulding
4589 30th Ave. SW
Naples, Florida
Folio No.:
Payment:
Reference:
36000360002
$263.47
OSM Case No, 2007-030607
The Wldersigned 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 Steven T. Spaulding and Doreen Spaulding, and consents to
this lien being discharged of record.
Dated this
day of
,2007.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
JAMES COLETTA, CHAIRMAN
Approved as to form and
legal ufficiency:
~'CJ' :::;T; 1\;: ,.-,---,
< ~~~~~:~iT:b:;;. : :). 200
F'ap2 2C' elf :2
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 Code Enforcement
Board (CEB) Order dated January 31,2007, a certified copy of which was recorded
on February 5,2007, in O.R. Book 4178, Pages 1517-18, and the CEB Order dated
June 27, 2007, a certified copy of which was recorded on June 29, 2007, at OR
Book 4251, Pages 0948-0949, 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 David Woodworth, has been
discharged in full:
David Woodworth
3056 Areca Avenue
Naples, Florida
Folio No.:
Cost:
Reference:
71782160006
$1,388.05
CEB Case No. 2005-22
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 David Woodworth, 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 Iciency:
ltf::rT: [\jC. 16/\8
November '13. 2007
Paas 2"! of 22
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 Code Enforcement
Board Order January 31,2007, a certified copy of which was recorded on February
5, 2007, in OR Book 4178, Pages 1511-1512, 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 Cloe Waterfield, has been
discharged in full:
Cloe Waterfield
2432 Lake Avenue
Naples, Florida
Folio No.:
Cost:
Reference:
75760960004
$478.45
CEB Case No. 2006-35
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 Cloe Waterfield, 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:
~
Assistant County Attorney
IIB:!i :'~C). ~ieJL\s
!'\C)VemD8i' 'I ~~. 20Cr7
F>age 22 0; 2D
This instrument prepared by:
Jeff E. Wri9ht
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 Code Enforcement
Board Order February 28, 2007, a certified copy of which was recorded on March
7, 2007, in O.R. Book 4193, Pages 2039-40, 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 Lisa Marie Hodge, has been
discharged in full:
Lisa Marie Hodge
2181 Platt Road
Naples, Florida
Folio No.:
Cost:
Reference:
00104440003
$349.29
CEB Case No. 2006-41
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 Lisa Marie Hodge, and consents to
this lien being discharged of record.
Dated this
day of
,2007.
ATTEST:
DWIGHT =:. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
JAMES COLETTA, CHAIRMAN
Approved as to form and
legal sufficiency:
~
r':<iJen.::i3 item !\1C; 16PS
NOVeI1lDe' 13, 2007
2~) of ~8
This instrument prepared by:
Jeff E. Wright
Assistant County Attorney
2800 N. Horseshoe Dnve, Ste 301
Naples, Flonda 34104
(239) 213.2939
RELEASE AND SATISFACTION OF LIEN
This is to certify that the claim of lien arising out of the Code Enforcement
Board Order February 28, 2007, a certified copy of which was recorded on March
7, 2007, in O.R. Book 4193, Pages 2033-35, 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 Worthwhile Development,
has been discharged in full:
Worthwhile Development
4520 Green Blvd (and 4266 Jefferson Lane)
Naples, Florida
Folio No.:
Cost:
Reference:
35830040001
$6,000
CEB Case No. 2006-42
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 Worthwhile Development, 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:
Je right
As . tant County Attorney
!~8lT: h1D, 1 :SL\~
h!Dv'.':;rn~-,2;- '1::: 2007
2~; of 28
This instrument prepared by
Jeff E. Wright
Assistant County Attorney
2800 N. Horseshoe Drive, Stc 301
Naples, Florida 34104
(239)213-2939
RELEASE AND SATISFACTION OF LIEN
This is to certifY that the claim of lien arising out of the Code Enforcement Board
Order dated August 27, 2007, a certified copy of which was recorded on August 30, 2007,
in O.R Book 4276, Pages 3210-3211, 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 Cesario and Yonacia Nunez, deceased, and Gerald
and Elvira Warden, has been discharged in full:
Cesario and Yonacia Nunez, deceased
Gerald and Elvira Warden
204 Madison Avenue W.
Immokalee, FL 34142
Folio No.
Cost:
Reference:
54550360000
$343.19
CEB Case No. 2007-20
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 Cesario and Yonacia Nunez, deceased, and Gerald and
Elvira Warden, and consents to this lien being discharged of record.
day of
,2007.
Dated this
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:
'ght
t County Attorney
-;;;1erFJ2 IIem !"IO. .j GAg
Novembsc E. 2007
Page 25 of 28
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 Code
Enforcement Board (CEB) Order dated April 30, 2007, a certified copy of
which was recorded on May 4, 2007, in O.R. Book 4224, Pages 0278-79,
and the CEB Order dated June 27, 2007, a certified copy of which was
recorded on June 29, 2007, at O.R. Book 4251, Pages 0957-0958, 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 Marlene Santilli, has been discharged in full:
Marlene Santilli
County Address #98511
Collier County, Florida
Folio No.:
Cost:
Reference:
39836240005
$544.51
CEB Case No. 2007-12
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 Marlene Santilli, 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
J right
As 'stant County Attorney
.---.:--: I':::: :U"\::
i-~()vS':Tibe:'13 :2ClCi7
F)8;18 2C Of 2-2-
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 Code Enforcement Board
Order dated April 26, 2004, a certified copy of which was recorded on April 29, 2004 in
O,R, Book 3552, Pages 0916-0918, 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 Manuel Pacacios and Aida Jauregui, has been
discharged in full:
Manuel Pacacios and Aida Jauregui
1186 41st Avenue N.W.
Naples, Florida
Folio No.:
Cost:
Reference:
39492680009
$1025.60 combined total amount
CEB Case No. 2003-052
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 Manuel Pacacios and Aida Jauregui, and consents to
this lien being discharged of record.
Dated this
day of
,2007.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
JAMES COLETTA, CHAIRMAN
Approved as to form and
legal sufficiency:
f'
,b,oen-:i8 item l~o ~n~O
Nove:l1bei 1 200{"
Paqe of 28
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 Code Enforcement Board
Order dated June 27, 2005, a certified copy of which was recorded on July I, 2005, in
O.R. Book 3834, Pages 0711-12, 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 and owned by Jerry and Janice Miller, has been discharged in
full:
Jerry and Janice Miller
4260 68th Avenue NE
Naples, Florida
Folio No.:
Cost:
Reference:
38904960001
$4,000
CEB Case No. 2004-060
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 Jerry and Janice Miller, and consents to this lien being
discharged of record.
Dated this
day of
,2007.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
JAMESCOLETTA,C~AN
Approved as to form and
legal sufficiency:
\
~
:C' i~t;rn i'le',. ,'~ /,--,
hiOVSnlOS:' Li. 2007
F'age 2E; of 23
This instrument prepared by:
Jeff E Wright
Assistant County Attorney
2800 N. Horseshoe Drive, 5te 301
Naples, Florida 34104
(239) 213.2939
RELEASE AND SATISFACTION OF LIEN
This is to certifY that the claim of lien arising out of the Code Enforcement Board
Order dated June 27,2005, a certified copy of which was recorded on July I, 2005, in
O.R. Book 3834, Pages 0713-14, 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 and owned by Gerald and Louise Miller, has been discharged in
full:
Gerald and Louise Miller
4251 66th Avenue NE
Naples, Florida
Folio No.:
Cost:
Reference:
38904880000
$4,000
CEB Case No. 2004-061
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 Gerald and Louise Miller, 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:
,
,L>,aendB Item 1\10. 16A 10
v t'Jov8mber ~i 3. 2007
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve the
replacement of an existing Subordination Acknowledgement for a lien held
by Collier County pursuant to Collier County Ordinance No. 2003-61 due to
a change in lender
OBJECTIVE: That the Board of County Commissioners approve the attached
Subordination Acknowledgement between Morgan Stanley Capital Holdings, LLC and
Collier County which will replace the existing Subordination Acknowledgement between
Orion Bank and Collier County due to the change in lender.
CONSIDERATIONS: The Board of County Commissioners (Board) at their July 25,
2006 regularly scheduled meeting approved the application by Anchor Health Centers,
P.A. to participate in the Collier County Fee Payment Assistance Program. Pursuant to
Collier County Ordinance No. 2003-61 and Section 6 of the Agreement for Fee Payment
Assistance, executed on September I, 2006 between the County and Anchor Health
Centers, P.A. and Naples Investment Group, LLC (Propeliy Owners), the County's
interest may be subordinated to all first mortgages or other co-equal security interests at
the Property Owners request and the sole option of the County. The original first
mortgage in favor of Orion Bank is being satisfied through a Morgan Stanley Mortgage
and upon closing will result in the Morgan Stanley Mortgage being the first mortgage on
the property. The Property Owners have requested that the County subordinate its
interest to this first mortgage. If approved, the attached subordination acknowledgement
will replace the original subordination acknowledgement executed between Orion Bank
and Collier County.
FISCAL IMP ACT: There is no fiscal impact associated with this request.
GROWTH MANAGEMENT IMPACT: This acknowledgement is consistent with the
Economic Element of the Growth Management Plan, specifically Objective 1.3 that
states: "Collier County will support programs which are designed to promote and
encourage the recruitment of new industry as well as the expansion and rctention of
existing industries in order to diversify the County's economic base."
LEGAL CONSIDERATIONS: The proposed acknowledgement has been approved as
to form and legal sufficiency by tile County Attorney's Office.
RECOMMENDATION: That the Board of County Commissioners approve the
attached Subordination Acknowledgement between Morgan Stanley Capital Holdings,
LLC and Collier County which will replace the existing Subordination
Acknowledgement between Orion Bank and Collier County due to the change in lender.
Prepared by: Amy Patterson, Impact Fee Manager
Business Management and Budget Office, CDES
Page 1 or I
AgendiJ Item Ne), 1bA,1
r,<u''-~'''' ,'I '" -'(}:"
COLLIER COUNTY
BOARD Of CJUNTY C()M~'liSSI;lI~!.',P'~
Item Number:
Item Summary:
r;['c.unme'~diltl()i' mm ilk f~:),mj 0' (..Junh (;Oll1n,t:;s'Dner,; aporove ~ne f8~;liJi:f'll1eni 01 ar
'=!ISI'nG >'. [;ofd,na :on.- '~~,-, ,WI''- tq")rlle,'t 'D''' I',,)f Ik:-::i: ,:[)',il~- ~',ollrny l'.'USU-fW,: ID COlliEr
':;2,l;I".-1/ ( rjWfl'lc.~
D(C,( f'lk' U 8 ~hi'W1(' er,Cf"i
Meeting Dale:
0(; C:, ;.-.M
Prepared By
Am" I"<llt!!rson
lFnpaCl ree Manaaer
Date
Corn,,,,,n!!... [J"\',,'iom,,~nt&.
hnilnCIJII\amm_o. hOllsin\j
10130120G7 1:21 :1() pr,~
[,nv,onmcnt,,1 i;nr,ice~
Approved By
JlFdy "uig (Jperatlun~ An~1yst
[ink
CommunIty Development & CClmmunity Development 8;
bwironmentill Services Envlro"nwl1lal Services Admin
1013012C1071,S9PM
Approved Uy
MMI(:nc Stewa:i Exc<;utlV", Sern,tMI'
[!,-,Ie
c.ommumty Development & Community Development &
t'n",romnentJIS'rvICt> !::nvlronnwnl'-'i Serv,cesAd<ntn
10!30i~OO;' 21~ rr,\
Approved By
,1"t'K:"tzi'O'."'
'~,F"'S1<,,,t County Anornf'"
Date
County AnClme\,
'::'oumv Altomev on,ce'
ICIJ1i2D07,::J2PI/.
Approved By
io,,('rl' Y., ~;Cllml!!
Conml'l!1lt', Ll"V"IOI"'''''''ll.
::ru""",mr r;t,,! S.,~'rvlc"sj'dnHnnr"\or
Llal.e
"",IrIHJn;lY U",,{'IOllrlH'htL
';o",,,,,;n,',.- U'!'.-cwp",,,",
'::1"""{)"mult,,lIS(;-CVIC',;',<1'"tn
1[1n1r;:n~i ~
En,/ironment;!;-,..,.",(;(-
Appruved n~
,")C:'(llnZt'..,
,,,. r..." ~
")111'
"dn"'1I',,'f,;I,," :..,NV,n-
1,-,1"",;"
11;(:llF,,-,I('--
Apllrllved By
r-iukl,,,1Gk,,ot'
bU{l(l0.' "nJij5'
UJ.1i"
( Dun:\, lili ;Jn~ (ie' "' :j~ II C(
CJth(;c',frilc",,,m,rneTlt& F,UUQ',I
" -'lUG' '7 ~,O~ Dr,
Approved By
JatTlCS V, MU<1d
(;O"'llV Manager
[JaiL'
BO;lrd ofC;ount-,
COmrtllSSloners
County Man"qer'S (}fI,e"
11f'1i200i 2;2~ PM
file://C:\AgendaT est\Export\92- November%20 13, %202007\ 16. %20CONSENT%20AGEN..
111712007
!l-sm :<C.i. iCl.L\
NOV8im.E: I:::;, ..c:U
;:'age 0
SUBORDINA nON ACKNOWLEDGEMENT
This Subordination Acknowledgement ("Acknowledgement"), executed this
day of , 2007, by Collier County, a political subdivision
of the State of Florida, through its Board of County Commissioners ("County") to
MORGAN STANLEY MORTGAGE CAPITAL HOLDINGS LLC, a New York limited
liability company, its successors and/or assigns, (the "Lender").
WITNESS:
WHEREAS, Lender is extending a loan in the approximate original principal sum
of $4,200,000 to Naples Investment Group, LLC, a Florida limited liability company (the
"Borrower") pursuant to a Note and Mortgage (the Morgan Stanley Mortgage) that will
be a first mortgage on the real property legally described on Exhibit "A" attached hereto
(the "Property"); and
WHEREAS, there is an existing first mortgage in favor of Orion Bank in the
original principal sum of $4,200,000 on the property recorded in O. R. Book 3906, Page
2235, with Notice of Future Advance at OK Book 4154, Page 2449, Public Records of
Collier County, Florida (the "Orion Mortgage"); and
WHEREAS, the Orion Mortgage is being satisfied through the Morgan Stanley
Mortgage closing which will result in the Morgan Stanley Mortgage being the first
mortgage on the property; and
WHEREAS, the County and Borrower entered into an Agreement for Fee
Payment Assistance Program recorded in O.R. Book 4115, Page 367, of the Public
Records of Collier County, Florida ("Agreement"); and
WHEREAS, pursuant to Paragraph 6 of the Agreement the County may
subordinate its interest to all first mortgages at the property owner's request; and
WHEREAS, in order to confirm that the Agreement is subordinate to the Morgan
Stanley Mortgage, the County has agreed to execute this Acknowledgement.
NOW, THEREFORE, in consideration of the premises and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the County hereby acknowledges:
I. That the Agreement is subordinate to the Morgan Stanley Mortgage,
including any and all future advances made pursuant to said Mortgage.
2. This Agreement shall be construed in accordance with the laws of the
State of Florida.
,'.'-'.
.f\~end3 item 1'>10. 16,1:,-;
~ l\Jovemosr 'I~i. 200
4 of
IN WITNESS WHEREOF, the County has caused this acknowledgement to be
executed by its duly authorized representative as of the day and year first above written,
ATTEST:
DWIGHT E BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Appr
legal
Jeffre
Chief
By:
JAMES COLETTA, CHAIRMAN
, Deputy Clerk
!:ern !\l:-.'. 6,.c:,
r,jc)Ven~Der --;:? 20
5'J
EXHIBIT "A"
OWNERSHIP
ADDRESS
LEGAL DESCRIPTION
Anchor Health Centers, P.A., and Naples Investment Group, LLC
8360 Sierra Meadows Blvd., Naples, FL 34113
lot 10, EDISON VilLAGE, a subdivision according to the map or piat thereof recorded in Piat Book 43,
pages 76-77, in the Office of the Clerk of the Circuit Court, Collier County, Fiorida
Page 6
SUBORDINA nON ACKNOWLEDGEMENT
This Subordination Acknowledgement ("Acknowledgement"), executed this
~ day of~~ ,2006, hy Collier County, a political suhdivision
of the State of Florida, through its Board of County Commissioners ("County") to
ORlON BANK, its succeSSors and/or assigns, (the "Lender"),
WITNESS:
WHEREAS. Orion Bank has heretofore extended a loan to Naples Investment
Group, LLC, a Florida limited liability company (the "Borrower") pursuant to Mortgage
and Note dated September 3D, 2005, (the "'Loan"); and
WHEREAS. the Borrower's obligations under the Loan are secured by a
mortgage from the Borrower to Orion Bank, recorded in the Public Records of Collier
County, Florida, at O.R. Book 3906, Page 2235. (the "Mortgage") covering Teal property
legally descrihed as follows:
~CO
Lot 10. EDISON VIL ' to the map or plat thereof
rcco~ded in Plat Book 43. Pi ~ 77, on the pub '~Oreallier Cowny,
Flonda; and ,;;;....:~-,--____ \ \ .
WHEREAS. the ~ ~i:3t. 0"'" Agreement for Fee
Payment Assistance Prog , _ . g m n ), )
WHEREAS, m 0 ~~~nn t 't the I!f.;"eem t i ~ ordinate: to the
Mortgage, the County has ~ to execute this ~1( ~V 1.
,\4, '1'\.,J LJ
NOW, THEREFORE.~ 'deration of the s and other good and
valuable consideration, the receiJ't- "djs are hereby S\cknowledged,
the County hereby acknowledges: -...........::~~
1, That the Agreement is subordinate to the MOI1gage. including dIlY and all
future advances made pursuant to said MOI1gage, which Mortgage
provides that such fUUtre aUvances are to be made within twenty yC8l'5 of
the date of said Mortgage and the total principal secured and remaining
unpaid, including such future advances, shall not at MY titrte exceed
twenty million dollars (S20.ooo,Ooo..oO).
2. This Agreement shall be construed in accordance with the laws of the
State:: of Florida.
i\C1encL;::; lleTi t'-JG. : 6,4, 1
, November' '13, 200
Pace 6 of
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ttt OR: 4154 PG: 2467 ttt " 0'
IN WITNESS WHEREOF, County has caused this acknowledgement to be
executed by its duly authorized representative as of the day and year first above written,
Collier County
~
Print ~e . ~~
B)~ ~.P~
V. ~~
~.=>
Print Name
-.
As Its
Cou""-,-\
, \-\:""'0. 0. Ur
~ ~
Pnnl Name
This document was prepared by:
David C. Bourgcau. Esq.
Swalm, Bourgeau & Davies, P.A.
2375 North Tamiami Trail. Suite 308
Naples, FL 34102
~.~--
JcI'ftcy. I::ttow. .~;...... Count)' "-lSllnq
Aaenda 11em No. loA1-1
'-< November 13, 2007
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve an impact fee
reimbursement for Davis Crossings VIII, LLC totaling $302,326.84, due to the
overpayment of Transportation Impact Fees.
OBJECTIVE: That the Board of County Commissioners (Board) approve an impact fee
reimbursement for Davis Crossings VIIl, LLC totaling $302,326.84, due to the
overpayment of Transportation Impact Fees and that the Board approve any necessary
budget amendments that may be required associated to the reimbursement
CONSIDERATIONS: Section 74-202 of Article II, Chapter 74 of the Collier County
Code of Laws and Ordinances, the Collier County Consolidated Impact Fee Ordinance,
200l-13, as amended, provides for specific criteria and procedures for processing routine
and non-routine requests for impact fee reimbursements. Specifically, as set forth by
Section 74-202 (h) (5):
"All reimbursement requests totaling twel1()'~five thousand dollars ($25.000) or
more, cannot he approved administratively and must he suhmitted to the Board of
County Commissioners,"
Davis Crossings VIIl, LLC is seeking a reimbursement of a portion of the Transportation
Impact Fees that were paid for Certificate of Adequacy (COA) No. 02-0213. The subject
impact fees were calculated based on the then current impact fee rate schedule.
However, Building Pennit No. 2006012408 related to the COA was applied for prior to
the increase in Transportation Impact Fees on June 30, 2006 and established the rate
schedule to be utilized for the calculation of the impact fees. Therefore Transportation
Impact Fees were overpaid in the amount of $302,326.84.
FISCAL IMPACT: The recommended impact fee reimbursements will be paid from the
funds specifically budgeted for impact fee reimbursements as follows:
Road (District 2)
$ 302,326.84
GROWTH MANAGEMENT IMPACT: Remittance of the requested impact fee
reimbursement may adversely affect capital project funding for road construction;
however, due to the overpayment, a reimbursement is due to the company.
LEGAL CONSIDERATIONS: This request is legally sufficient for Board
consideration and approval.
~,......
llen'i hio, /:
November 1?~, 200
:2 of
RECOMMENDA nON: That the Board of County Commissioners (Board) approve an
impact fee reimbursement for Davis Crossings VIII, LLC totaling $302,326.84, due to the
overpayment of Transportation Impact Fees and that thc Board approve any necessary
budget amendments that may be requircd associated to thc reimbursement
Prepared by: Amy Patterson, Impact Fee .Manager
Business l\1anagement and Budget Office~ CDES
.L>,genda IIsrn No. 16,L\11
November r 3.2007
Pa?8 3 of 4
Davis Crossings VIII, LLC Impact Fee Refund
Building Permit Number 2006012408
Application Date: January 1, 2006
Square Footage: 104,829 square feet
Effective rate for Transportation Impact Fees based on Building Pennit Application:
$9,827.0011,000 square feet
Transportation Impact Fee rate effective June 30, 2006 incorrectly utilized:
$12,711.0011 ,000 square feet
Calculation of Overpayment:
$12,711.00 x 104.829 = $1,332,481.42 (amount paid)
$9,827.00 x 104.829 = $ 1.030,1 54.58 (correct assessment)
$1,332,481.42 - $1,030,154.58 = $302,326.84 (amount of reimbursement)
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
80AR,[; OF COUNTY 80MfI'lISSI0NE-f-'S
, , ~"''''-''i 1j']: C", In;:: In.. ,<,02r~;1 .[)U~I\'-: or'lnll"SIC)' (,e, ,l~~;::,r':)"i[ ,", r,ac r,,,,
""',.W"");'
L:,,_ ' '''Wl,~ ::';'" ;_C' (,.
"',;- (''-icor )<-I',lr'~"
,_,I';, ;~"^.-~c
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[Jilt"
Prepared By
"',tn'.' I'<JttersCln
,',nmmll'lI1'." ,'"'''' QDI"'mt
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F""l11U;;1 1\"111"', [. H'WSlllg
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Approved n~
f'J,JI:, Fie,sn:n3n
(.omrnunll','[Jevplopmenlt..
l:nv'ronmcnt~1 S~rllce"
Imi,JctFe" {"'alv'_;t
;C"'""CI..: Admin, & How"'rlg
:0126,'1007143 PM
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Approved B~
r'J,cf...CaSal1\rrnuld:'
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1,'P':::'[)"8ct'"
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Appro\'ed By
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f,pr"km
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Appro\'ed By
",on',;J"n"1,,,, ",n'v',,,,'
- 'an: p' ,-~~t,.,. "'-"\-'1"" !',{Nl'"
:')'.bJ:,,','
C"mn,u",r"[j<-"JPIOllmpnt&
Approved By
.<'S"'n!1 f". ',['nnHt1
t,nv1""1T1lcnl"iS"UI(.",..,I"lrYl'n;trJl0'
1.),<1"
E nv ,." rF'l"c'll i_I , ~" v,(:~,"
Commurr,jv D"YI"'opm,,"t i~ ComrnwHty [jDvelcHlrlHmt &
'" "",,,,,-',,,,,: S~rvln"',AdnHn
1nnllJrlG" J17 PM
;:"'Ie"\!:;'
:\1-
Appro~'ed By
Tr~n",nf,rt;,ll()"S','U C""
; ,'~' 0",'.'<1'0' l' '.-''i'"'" '"',,",,'''' \",1'
1c;'" i'O---:"W>:' <..",
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Approvl'll By
(1\'" 'C""r'-"rl,t(",'
{d",,,,,, ,,,'11\" ,v."-!'cu'
H',r":~; !'0r': I--..n:J1"."~'
:J2'
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"",';In,,-,
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Approved By
." ,.. m!v :;.- ,") "c< ~1
Dffl'"
f:',.";,,,,,rn""'" u"""t i<n~'v,
Allproved By
"U5~r', Us!v,"
Count',' ~"j'm ,[)~r 0 Offl"e,
!JU(](l,,:l--..n:,';c:
O~'i,c', ,,' ~'1,1"3"""'''''' ,0. [;lJci()~'
"1:','(1(1":,::",:,,",;,
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,.,:r,-:-;:'-1--if"
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Approved By
:v:,~I>","; ~;r",km'
COUllt:." Mnn;:,,,cc" Cft,ec
Ot;le,-,,1 :'.l,m"gi;,.,-",'nt,:; 811llgl"1
'1..';','1l:07 '';7 P~!
Coum"ri,,,"n9""
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Approved By
.J~"W5 v, riudd
[~nard ('::--")lLrtt\,
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r;rr"ntvr:,ann,;e,'c, Clff'G!'
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Page I of
ii '.-' I~ . ,--,-
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] ]/7/2007
Aaenda Item No. 16A 12
~ November 13. 2007
Page 1 of 17
,'-
EXECUTIVE SUMMARY
The petitioner, Irvine Dubow, is requesting approval of an Access Agreement to permit a
5.7-foot wide (tapering to 0.5 feet) encroachment into a ten-foot drainage easement in order
to rebuild a screen cage enclosure for property located at 5901 Almaden Drive, described
as the Vineyards' Sonoma Lake subdivision, Unit 1, Lot 26, in Section 8, Township 49
South, Range 26 East, Collier County, Florida.
OBJECTIVE:
To have the Board of County Commissioners (BCe) consider the above-referenced Access
Agreement and render a decision to ensure that the community's interests are maintained.
CONSIDERATIONS:
The applicant is the original owner of a single-family residence, which had an existing screened
cage enclosure upon his purchase ofthe home in 1990. However, while attempting to rebuild the
cage after it was destroyed by Hurricane Wilma, he learncd that a permit for the structure was
never pulled. He also learned that the cage illegally encroached into the required IS-foot front
yard setback and also encroached between approximately 5.7 feet and 0.5 feet into the ten-foot
drainage easement abutting the eastern boundary of the property.
After petitioning the Board of Zoning Appeals (BZA), the applicant was granted a S.S-foot
Variance from the sethack requirements on June 26, 2007 (V A-2007-AR-I13(0). The
Conditions of Approval adopted with the Resolution, as recommended hy the Planning
Commission (CCPe), stipulated that no vertical construction would be permitted within the ten-
foot drainage easement paralleling the applicant's eastern property houndary. (This condition had
been recommended to the CCPC by the Stormwatcr Engineering Department during their review
of the Variance application.) As a result, the applicant was permitted to reconstruct a new screen
enclosure that enabled maximum utilization of his existing slab patio while still respecting the
limits of the drainage easement (the unused portion of the slab would simply remain in the
easement since it would not impede its function or maintenance). However, although the
stipulation had heen addressed in various portions of the CCPe's Staff Report, provided to the
applicant, and was also addressed in the Executive Summary to the BZA, the applicant maintains
that he was not aware of this restriction. Therefore, he is now requesting approval of an Access
Agreement that would allow him the vertical construction of the screen enclosure within the
drainage easement he thought he had received with the Variance approval.
Because the applicant's screen cage was a previously existing structure, and is not expected to
cause any conflicts with the function of the drainage easement it encroaches upon, Stormwater
Engineering staff is now recommending approval of the proposed Access Agreement However,
this Agreement is stipulated on the following conditions:
. The applicant will give the County whatever access it might require to maintain the
existing drainage equipment in the easement.
Page 1 of2
item \\!C, 'HiP
I-Jov'3il1:J8c13. 20
Pagf' 2 0;
. The applicant agrees to waive any claim of damage to the subject property, and to any
structures situated on it arising out of the County's maintenance of the drainage
equipment, whether such damage is intentional or unintentional.
. The County agrees that until otherwise notified, the applicant may encumber the
easement as proposed in the attached Exhibit "A". The County retains the right,
however, in its sole discretion, to demand by written request that any structures be
removed from the easement, which the applicant will do at his sole cost and expense
within a reasonable time from receipt of such request
. This easement Access Agreement shall be recorded in the Public Records of Collier
County, Florida, at the applicant's sole cost and expense. This Agreement is intended to
bind the parties, together with their respective successors, assigns and heirs.
FISCAL IMPACT:
Approval of this Easement Agreement petition would have no fiscal impact on Collier County.
GROWTH MANAGEMENT PLAN IMPACT:
Approval of this Easement Agreement would not affect or change the requirements of the
Growth Management Plan.
LEGAL CONSlDERA TIONS:
The proposed Agreement was prepared by the Office of the County Attorney and is legally
sufficient for Board action. The intent of the Agreement is to allow Mr. Dubow the full use and
enjoyment of his screen cage while preserving the County's ability to access the drainage
easement whennecessary.-JAK
RECOMMENDATION:
StafT recommends that the BCC approve the attached Easement Agreement, dated October 30,
2007.
PREPARED BY:
John-David Moss, AICP, Principal Planner
Department of Zoning and Land Development Review
Page 2 of2
Page I of 1
;;<J~;n::J, 11'_"', r,J'> 1(,10,1:.'
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COLLIER COUNTY
BOARD OF cOUln',' COMtW;SIONERS
Item Number:
Item Summary:
11--,[; lleUlwltr lUiGi.' llcllAJ\"; IS reql;esting ElG~rovdi ct dl', i ::td':S r,'~:eeIT1P'lt!O per~'\ t,,!;,
:Y;;; ,! i:k' 'lfwen~9 '.G J ' :,,,ei er!,~r~;c<cr'n,!I",: rr-~(:, fi lpr',,):,o' :JriJI'l~r~e e"s",nB~' I", mIle': 1(,
re~uiic El seeer: ':u9c el,'~I%'J'e (01 PrGfJeriv iDeate::: C;';!' ,-',:'ll"'k I DCI'!e -Je';uin('''i i]e'
'}1;; V"w,'Td:: !;ol',orW-l1.3k", sutu,v'nDrI 1.I1~rl1 _,,, ::'(, I" Sc'~",n c- T D'Nn,_I--,iu .1" S"-a,:I
HiJrge2( ,:d5'. Collicr[,Cl;nly FIDlllE!
Meeting Date:
':;'CU; I'; iJ,I]
Prepared B)'
.Jol1n,Davi<l Mess
SCI1Wrf'lannw
Datn
COlllll1ur"ty Deve!QP"'''' 1&
Env,ronmentaIServiGe',
Lonrng ",Land lmvGiOprnenl
10,:\11200734317 PM
Approved By
M3r;ene5tewarf ExecllliveSecr"tary
Date
Community Dl)velopment & Communit\' Development 8.
f::,nvlronnlerllal Sl)rvices r.flV,f(,nmenta! ServrcesAdFllIrt
10131f2007407PM
Appruved R)'
Judv Pulg Uneratiofl, Anaiy~,l
Dii\"
C.ommlHlrly r)"V!)!opFll,~r;t &. Comn"Jnrtv [)!)ve!opnwnl &
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Cjf~E ::"oru'n'-ltor
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Approved Hy
M~rl, Ism;k.,or
lJudqctAnJlyol
[!alr,
COllnh- Marralle"', Ofirec
(Jltl(,;~ of MJn;iqemenl It tJud(lf't
i1/1i2tIQ7 521 PM
Approved Hy
j;>nl''''''V Mudd
CULl!')tv M'mmll:r
Date
BOJrd <11 C'''1'I1\'
"emml:;SLOrlC'<.
.'~,'JlI"''! jianaQ"'" 01;'"..
1\12:2Dt7 ,1 ;;8 AM
file:lIC:\AgcndaT est\Export\92- NOVCl11 herllj,,20 13.%202007\ 16.'Y1l20CONSENT'%20AGEN..
11/7/2007
!t-s,n I\C', .:8,-'-'
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EASEMENT USE AGREEMENT
This Easement Use Agrecment (The "Agreement") is made as of this ~ day of
-D!~h ,2007, by and between IRVINE 1. DUBOW (hcreinafter "Mr. Dubow"),
and COLLIER COUNTY (hereinafter "County").
WHEREAS, Mr. Dubow is the current fee owner of that ccrtain rcal property known as
Sonoma Lake Unit One, Lot 26, as recorded in the Official Records Book 1529 Page 130 I, and
according to the Plat thereof as recorded in Plat Book 16, Pages 13 and 14, ofthc Public Records
of Collier County, Florida (hereinafter the "Subjcct Property"); and
WHEREAS, as set fOlth in Plat Book 16, Page 14, there is a 10 foot Drainage Easement
held by Collier COUllty which burdens the easternmost 10 feet of the of the Subject Propelty
(hereinafter the "Eascment"); and
WHEREAS, Mr. Dubow wishes to construct a screened enclosure home addition, as
depicted in Exhibit "A," which would be situated adjacent to and above the subdivision's
existing drainage elluipment, and would partially cncumber the Easement; and
WHEREAS, the County has no ol:Jjection to the construction of the proposed screened
cnclosure homc addition partially within its Easement, providcd that Mr. Dubow agrees to the
terms and conditions set t(llth below, which terms and conditions Mr. Dubow agrces to abide by.
NOW, THEREFORE, in consideration of the sum of $1 0.00 and other good and valuable
considcration, the rcccipt and sufficiency of which is hereby aclUlowlcdged, the parties do
hcrcby agree as follows:
I. The above recitals are true and correct and are incorporated herein,
2. Mr, Dubow will give the County whatever access the County requires to maintain the
existing drainage equipment.
3. Mr. Dubow agrees to waive any claim of damage to the Subject Property, and to any
structures situated thereon, arising out of the County's maintenance of the drainage equipment,
whether such damage is intentional or unintentional.
4. The County agrees that until otherwise notified, Mr. Dubow may eneumber the
Easement as proposed in the attached Exhibit" A". The County retains the right, however, in its
sole discretion, to demand by written request that any structures he rcmoved from the Easement,
which Mr. Dubow will do at his sole cost and expense within a reasonable time from receipt of
such request
f\genda 11~rn 1'-w. '16A 1
i'.JOVemDe:' ~i~:. 200
FJags 5 o~ 'I
5. Thi>, Eas,m,"-,\! U9" Agreement SIUIU be mC(lrd~d .io the l'uL'Jic /(.xords 0[' CoUier
COllllty, norida. at Me Dubow'" <<ok c(>[il and cKl)(miic. Thin Agl'coment is inlend~d to billd the
pal1ies, togetl)Cl' \-\lith theIr respccj:ive Sl1Cel1SBom, t\$~~ig118 mid heirs,
IN WITNESS WHEREOF, tbe panics hereto have Clwcutcd lhb Agreement ,tS of tl1<\ dme
first I.lbovewrltten.
ArrEST:
DWIGHT E. BROCK, CI.er!:
._--------.-,--,'- _.-._-","~,".~_.,.._~.-,--_...
Deptlty Clerl'
ESSES:
_ [}-0;~.:~jl~.
Wlll ,~jS (Sigl14\tl.lro) r . Ii
Print Name: .L::iJ --!..!--I-_j!-f & ~y ,/ !--<--
~\l~~ ~~~---
W!tll~s3 (~l~'''I.'). (\ 0
Pnnt Name: J--.k.'DDt-o. t:1..'J::'\ \\iCeI(
STATE OF FLORIDA
COUNTY OF COLLIER
BOARD OF COUNTY COMMISSIONERS
COLLIER COUI\'1'Y, FLORIDA
By: ....._____.0._........__....._.____
James Coletta, Ch"itman
~~~--
IrvllIc Dubow ,~
Tne foregoing Aeeeo$, MaintolJallec, tlud Hold Harmks" Agreement was admowlcdgcd
before me, the undersigned authorlt,l', on lhis ~a.L.t:la)' of .._.~. ClLL....__. 2007, by Irvin"
Dubow. who ( ) is P';TS(l)lally known to lne 01' (,I) produced
..-..--f-L-.J2L--.--.-.".-.....-----~if...--~-~...--. ..---..c--:-..2~1.'ntif:fot;k,n.
. .._. ,a__.." ~'--'- -."..
N( tury Publici, ta1:\, "f Florida
Name: ___..."...~_.~,__..
!vty Cmn.lni8Siol\ OXpil't~8'.
Ap
:I .: to form and legal Sllffici"ney:
JeffI'
Chi~' S3;
OCT 30,2007 16:20
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. "~p.;'^'~-:.:;p-"Itg-~..'..Mo;.~l"t,""'l:2j'~~.".,lfO;.
Page 2
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A GEN~i&Jii'EMrlf;c 2[i07
Pa987 of 17
C~-Y County
~~~"""""'"
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE: MAY] 7,2007
SUBJECT: PETITION V A-2007-AR-11300, IRVINE DUBOW
AGENT/APPLICANT:
OWNER/AGENT: Irvine L. Dubow
5901 Almaden Dr.
Naples, FL 34119
REQUESTED ACTION:
The petitioner is requesting a five-foot variance from the required 15-foot front yard setback
pursuant to Ordinance 91-75 (the Vineyards PUD) to allow a 10-foot setback in order to rebuild
a pool cage destroycd by Hun'icane Wilma.
GEOGRAI'HIC LOCATION:
The subject property is a corner Jot located at 590 I Almadcn Drive, in the Sonoma Lake
subdivision, Unit I, Lot 26, Folio # 000007375500]459, Section 8, Township 49 S, Range 26 E,
Collier County, Florida (see location map on the following page).
PURPOSEIDESCRIPTION OF REQUEST:
The applicant is the original owner of the single-family residence on the subject site, which had
an existing screened cage enclosure upon his purchase of the home in 1990. According to the
applicant's nal1'ative statement, while attempting to rebuild the cage after the hurricane, he
learned that permits for thc structure were never pulled. He also learned that the cage illegally
encroached approximately 6.5 feet into the 10-foot drainage easement abutting the eastern
boundary of the property, and tlmt it did not meelthe IS-foot front yard setback requirements.
PeWiOlI VA-2007.AR~J /300
Page I oJ6
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The PUD document governing the subject propclty is silent regarding setbacks for accessory
structures. Ncverthcless, the Collier County Land Development Code (LDC) requires that the
minimum front yard setback for accessory structures, such as screen enclosures, be consistent
with those for the principal structure (LDC Section 4.02.03, Specific Standards for Location of
Accessory Buildings and Structures). As such, the screen enclosure is required to meet the
minimum, 15-foot front yard setback ofthe principal structure.
The existing slab foundation for thc screen enclosure is set baek only four fect from the property
line; however, due to the exi~tenee of the drainage easement, the applicant is proposing to
reconstruct the new enclosure ten feet from the property line, which would enable maximum
utilization of the existing slab foundation while still respecting the limits of the drainage
casement. The residual portion of the slab foundation will remain in the drainage easement since
it is at grade and will, therefore, not impedc with its function or maintenance.
SURROUNDING LAND USE AND ZONING:
Nortll:
East:
South:
West:
Lake, then single-family residential structures, zoned PUD.
Single-family residential structures, zoned PUD.
Single-family residential structure, zoned PUD.
Single-family residential structure, zoned PUD.
Petition VA-ZI!D7~AR-JJ300
Page 2 oJ6
cepe Dale: }day 17,2007
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GROWTH MANAGEMENT PLAN CONSISTENCY:
The site is located in the Urban Residential Land Use Designation on the County's Future Land
Use Map. The Growth Management Plan does not address individual variance requests; the Plan
deals with the larger issue of the actual use. As previously noted, the subject petition seeks a
variance for an accessory structure on a single-family home that is located within a single-family
subdivision, which is an authorized use in this land use designation; therefore, the single family
home use is consistent with the Future Land Use Map. Based upon thc above analysis, staff
concludcs that the proposed use for the subject site is consistent with the Future Land Use
Element.
ANALYSIS:
Section 4.0 Zoning Review: Section 9.04,01 of the Land Development Code givcs thc
authority to the Board of Zoning Appeals (BZA) to grant variances. Tbe Planning Commission
is advisory to tbe BZA and utilizes tbe provisions of Section 9.04.03 A tbrough H (in bold text
below), which are general guidelines to bc used to assist the Commission in making a
determination. Staff has analyzed this petition and offers the responses to thc itcms in Section
9.04.03 as follows:
A, Arc there special conditions and circumstances existing, wbich arc peculiar to the
location, size and characteristics of the land, structure or building iuvolvcd?
Therc is no land-related hal'dship. The lot is situated in a. platted, developed PUD, The usc
of the subject propeJty is allowed, and the minimum l5-foot front yard setback for
accessory screen enclosures is the same as for the principal structure. Absent this variance
approval, the petitioners would still have a reasonable use of the property.
B. Are there special conditions and circumstances, which do not result from the action
of the applicant such as p,'e-existinf.: conditions J'elative to the property, which is the
subject of the variance request?
Yes, As previously stakd, the applicant is the original owner of the single-family
residence, which contained the pool cage enclosure when he purchased it from Coastal
Construction in 1990, The applicant assumed that tbe cage enclosure had been permitled
with the house, although it never was, Therefore, this is a pre-existing condition.
C. Will a literal interpretation of the provisions of this zoning code work unnecessary
and nndue hardship on the applicant or create practical difficultics for the applicant?
If this variance is not approved, the largest screen enclosure the applicant would be
able to install would be appl'Oximately 260 square feet, which is less than half the size
of the existing concrete patio slab. Consequently, more than 50 percent of the lU1used
slab would remain, thereby creating a practical difficulty for the applicant. Staff from
the Stormwater Engineering Dcpaltment has reviewed the application and has no
objections to the proposed variancc provided that all veltical construction remains
outside of the ten-foot drainage easement arca along the eastem boundary of the
property,
Pel/rion VA.2007.AR./1300
Page 3 0/6
cepe Date: May 17, 2007
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D. Will the variance, if granted, be the minimum variance that wiII make possible the
reasonable use of the land, buildinl!; or structure and which promote standards of
health, safety and welfare?
Yes. The variance proposed would be the minimum variance to allow reasonable use of
the existing lanai with a eage enclosure. As no part of the proposed screen enclosure would
be constructed within thc drainage easement, approval of the variance will not have a
negative impact on standards ofhcalth, safety and welfare.
E. Will granting the variance requested confer on the petitioner any special pl'ivilege
that is denied by these zoning regulations to other lands, buildings, or structures in
the same zoning district?
Yes. A variance by definition confers some dimensional relief from the zoning regulations
specific to a site. However, no similar variances bave been granted in this immediate
neighborhood.
F. Will granting the variance be ill harmony with the general intent and purpose of this
Land Development Code, and not be inJuriuus to the neighburhuud, or otherwise
detrimental to the public welfare?
Yes. The proposed variance would allow the applicant to construct a screened enclosure,
which is an appurtenance enjoyed by many of the applicant's neighbors. Approval of tbis
variance would not havc an injurious effect upon the neighborhood, nor would it be
detrimental to the public welfare. It should be noted that the proposed cnclosure is intended
to replace the previous scrccn enclosure that existed for 16 years without complaints.
G. Are there natnral conditions 01' physically induced conditions that ameliorate th~
goals and objectivcs of thc regulation sneh as natural preserves, lakes, golf courses,
cte.'!
Yes, Thc subject property is a corner lot and the area for which the variance is being
requested abuts a drainage easement, lakc and roudv.'ay that dead-ends at the cnd of the
petitioners lot. Thcrcforc, the screen enclosure would not impact the only adjacent neighbor
situated to the west.
H. Will granting the variance bc cunsistent with the Growth Managcment Plan?
Approval of this variance petition will not affect or change the requirements of the Grov.-'th
Management Plml.
ENVIRONMENTAL ADVISORY COMMITTEE (EAC) RECOMMENDATION:
The EAC does not normally hear varimlee petitions.
PelitiOlt VIU007-AR-J J300
Page 4 oJ6
cepe Dute: May /7, 2007
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RECOMMENDATION:
Zoning and Land Development Review staffrecommends that the Planning Commission forward
a recommendation of approval of petition V A-2007-AR-11300 to the Board of Zoning Appeals.
Staff is recommending approval of the variance with the following conditions (Exhibit B to the
resolution):
1. The five-foot variance granted is limited to the front yard cncroaclunent for the proposed
screen enclosure along the eastern property boundary, as depicted in the applicant's
submitted survey sketch dated March 30, 2006 (included as Exhibit A); and
2. No vertical construction shall be permitted in the 10-foot drainage casement; and
As of the writing of this staff report fourteen letters in sUPPOli of this petition have heen received
from neighboring propcrty owners,
PREPARED BY:
c ')/'-- ' .Q C)')y--
.10 -DA VID MOSS, AICP, PRINelP AL PLANNER
PRINCIPAL PLANNER
'/-/b'O/OL
DATE I
IDm
TZKOW
'TY ATTORNEY
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DATE
12_~Ju
RA Y ~ELLOWS, MANAGER
DEPARTMENT OF ZONING & LAND DEVELOPMENT REVlEW
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DATE
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SUSAN M. ISTENES, AICP, DIRECTOR ' 'DATE'
DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
APPROVED BY:
\3~~i<0'/1
DATE
.1 S PH K. SCHMITT, ADMlNISTRA TOR
Page 5 of6
cepe Dale: May 17, 2007
Agend2 !tf;rn r~O. '!SLe,!
l'\OV8illOS; ~13. 200
1:> of '1
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
Tentatively scheduled for the Junc 26, 2007 Board of County Commissioners Mecting.
COLLIER COUNTY PLANNING COMMISSION:
MARK P. STRAThl, CHAIRMAN
DATE
P~JitillJl VA-2007.AR~Jl300
Page 60}6
cepe Date.' May /7, 200?
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RESOLUTION 07- _171
A RESOLUTION OF THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, RELATING TO
PETITION NUMBER VA-2007.AR-1l300, FOR A S.S-FOOT
VARIANCE FROM THE REQUIRED IS.FOOT FRONT
YARD SETBACK FOR A CORNER LOT LOCATED
WITHIN THE VINEYARDS I'LANNED UNIT
DEVELOPMENT ON PROPERTY HEREINAfTER
DESCRIBED IN COLLIER COUNTY, FLORIDA.
WHEREAS. the Legislature of the State of Florida in Chapter 125. Florida Statutes. has
conferred on all counties in Florida the power to establish, coordinate and enforce zoning and
such business regulations as are necessary for the protection of the public; and
WHEREAS. the County pursuant thereto has adopted a Land Deve]opment Code (LDC)
(Ordinance No. 2004-41, as amended) which establishes regulations for the zoning of particular
geographic divisions of the County, among which is the granting of variances; and
WHEREAS, the Hoard of Zoning Appeals has held a public hearing after notice as in said
regulal10ns made and provided, and has considered the advisahility of a 5.5-foot variance from
the required IS-foot front yard setback for a corner lot located in the Vineyards Planned Unit
Devdopment as shown on the anached plot plan, Exhibit A. and has found a<; it matter of fact
that satisfactory provision and arrangement have been made concerning all applicable matters
required by said regulations and in accordance with Section 9.04.00 oC lhe Zoning Regulations of
said Land Development C:ode for the unincorporated area of Collier County; and
WHEREAS. all interested parties have been given opportunity to be heard hy this Board
in public meeting assembled. and the Board having considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, that
Petition V A.2004-AR-11300 filed by Irvine Dubow with respect to the property located
at 590 I Almaden Drive, Naples, Florida. further hereinafter described as;
Lot 26, Sonoma Lake Unit 1, a subdivision a<; recorded in Plat Book] 6. Pages 13.
]4 of the public records of Collier County. Florida,
Folio No, 7375500]459.
he and the same hereby is approved for a 5.5.fool variance from the required 15-foot front yard
setback for a corner lot in the Vineyards Planned Unit Development .is shown on the atlached
plot plan attached as Exhibit A, subject to the following conditions;
I. The 5.5-foot variance granted is limited to the front yard encroachment for the
proposed screen enclosure along the eastern property boundary, as depicted in the
applicant's submitted survey sketch dated March 30, 2006, included as Exhibit A; and
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No vertical construction shall be pennitted in the lO-foot drainage easement; and
3. If thl;: residential dwelling structure is destroyed for any reason, to an extent equal to
or greater than 50 percent of the actual replacement cost of the structure at the time of
its destruction, all reconstruction of the structure and accessory structures must
confonn to the provisions of the Land Development Code in effect at the time of
rcconstructlOO.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V ^~
2007-AR-11300 be recorded in the mmutes of this Board
'"
This Resolution adopted after motion, second and majority vote, this ~'day of
'.l~ 2007
j-' .
AITEST:
DWIGHT E. BROCK',€LERK
By:
Ihw.' ~ If..n(.
_~ . ^'-= eputy Clerk
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It 9naturf on).
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
~
By: /'
J~COLEITA,CHA AN
Appr
and I
ounty Anomey
VA,2007.AJI.,1 Jl00lC'Vi\r
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. VA.2007-AR-11300
PROJECT 2007020014
DA TL2/22/07
CAROLINA VALERA
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Exhibit A
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EXECUTIVE SUMMARY
Aaenda item f\ic. loB 1
. November 13. 2007
Page 1 of 12
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Recommendation to approve Change Order #4 to add $726,246.00 for continuing
Inspection Services for Aim Engineering & Surveying, Inc. under ITN 04-3583 "CEI
Services for Collier County Road Projects" for Project No. 63051 " Vanderbilt Beach Road
from Airport Road to Collier Boulevard."
OBJECTIVE: To continue professional, Construction Engineering and Inspection (CEI)
Services from a highly qualified finn for the Vanderbilt Beach Road Project from Airport Road
to Collier Boulevard.
CONSIDERATIONS: On July 26, 2004, Collier County entered into a contract with AIM
Engineering & Surveying, Inc. for CEI Services for the Vanderbilt Beach Road Project This
project has had several change orders that extended APAC's contract to April II, 2008. We are
funding the CEI services up to May 2008. The CEI contract will have to be readdressed if the
project is not completed at that time.
~
FISCAL IMPACT: Funds in the amount of $726,246.00 are available in Gas Taxes, Impact
Fees, Water Impact Fees, and Sewer Impact Fees. $320,931.00 will come from Transportation
Gas Taxes and Impact Fee funds. Funds in the amount of $202,615.00 are available in the Sewer
Impact Fee fund (413) in the Vanderbilt Force Main Project (720041). A budget amendment
wili be needed in the WaterImpact Fee fund (411) to transfer $202.700 from the US 41 16"
Water Main Project (70153) to the Vanderbilt 24" Water Main Project (701501). Source of
funds are gas taxes, and impact fees.
GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth
Management Plan.
RECOMMENDATION: That the Board of County Commissioners approves any necessary
budget amendments; approves the Change Order to Aim Engineering & Surveying, Inc. for the
continuation of inspection services for this project, and authorizes its Chairman to execute this
Change Order No.4. Approve any necessary budget amendments.
Prepared by: Eddie Martin, Project Manager,Road Construction, TECM
Attachments: (1) Contract Modification Fonn; (2) Change Order/Aim Engineering Backup -
Estimated Cost (3) Allowance Funds
-
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file:/ /C:\AgendaTcst\Export\92- November%20 13,1%202007\ 16_ %20CONSENT%20AGEN ,
] ]/712007
CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
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PROJECT NAME: Vanderbilt Beach Road CR 862
PROJECT #; 63051 PROJECT MANAGER: Eddie Martin
BIDIRFP #:
04-3583 MOD #: LPO#: 4500031468
WORK ORDER #:
DEPARTMENT: T.E.C.M.
CONTRACTOR/FIRM NAME:AIM Enoineerino
Original Contract Amount: S 2.074.542.00
(Starting POint)
Current BCC Approved Amount: S 2.074.542.00
(Last Total Amount Approved by the BCC)
Current Contract Amount: S 2.28t .425.00
(Including All Changes Prior To This Modification)
Change Amount: S 726.246.00
Revised ContractIWork Order Amount: $ 3.007.67t .00
(Including This Change Order)
Cumulative Dollar Value of Changes to.
this ContractIWork Order: S 933.129.00
Date of Last BCC Approval: July 27. 2004 Agenda Item # 10 I
Percentage of the change over/under current contract amount 44.9B %
Formula: (Revised Amount I Last BCC approved amount).!
CURRENT COMPLETION DATE (S); ORIGINAL:
January 23. 2008
CURRENT: Mav 12. 2008
Describe the change(s):
This change adds more time and money for the management and inspection of the Vanderbilt Beach Road
Widening Project, due to the fact that the contractor will not be able to finish the work in the originally planned
lime frame.
Specify the reasons for the change(s) n ,. Planned or Elective x 2. Unforeseen Conditions C 3. Quantity
Adjustments X 4. Correction of Errors (Plans, Specifications or Scope of Work) C 5. Value Added
x 6. Schedule Adjustments Note: One or more may be checked, depending on the nature of the change(s).
Identify all negative impacts to the project if this change order were not processed:
If this change order were not processed, AIM Engineering would not have the funds to continue the management and
inspection services of the contract.
This change was requested by: X Contractor/Consultant C Owner C Using Department C CDES
C Design Professional n Regulatory Agency (Specify)
C Other (Specify)
CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS:
I
Yes
X No
This form is to be signed and dated.
/; . /'YJ ~-
APPROVED BY: .::: O/d.:, /~
Project Manager
I /
Date /0/ /d,/?t:JoZ'
/' ./
REVIEWED BY:
Date:
Contract Specialist
Revised 5.21.2007
i:em t\jC. '1S81
1',j,::we:Tlb€,;' 13, 2007
.:; of 1:?
CHANGE ORDER # 4
TO:
Aim Engineering & Surveying, Inc.
5300 Lee Boulevard
Post Office Box1235
Lehigh Acres, Florida 33970-1235
FROM:
Collier County Transportation Engineering
& Construction Management Department
2885 South Horseshoe Drive
Naples, Florida 34104
Project Name: Vanderbilt Beach Road (CR-862) from Airport-Pulling (CR-31) to Collier Blvd.
Contract Agreement Dated: February 3,2005 P.O. No.:
Change Order No.: 04 Project No.:
Bid No.:
Date:
(CR-951)
4500031468
63051
04-3583
October 10, 2007
Change Order Description: (See Attached Change Order Summary and Spreadsheet)
Original agreement amount ........... ............ ............... .
Sums of previous change order amount ...............
This Change Order Amount.
Revised Agreement Amount..
$
$
$
$
2,074,542.00
206,883.00
726,246.00
3,007,671.00
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.
1080 days
o days
108 days
1188 days
Original Notice to Proceed date
Completion date based on original contract time
Revised completion date ..... .............
February 3, 2005
January 23, 2008
May 12, 2008
Your acceptance of this change order shall constitute a modification to our Agreement and will be performed subject to all of the
same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this
acceptance. The adjustment, if any, to this Agreement shall constitute a full and final settlement of any and all claims of the
Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs.
Accepted by:
Date:
AIM Engineering & Survey, Inc.
Reviewed by:
Date:
Eddie Martin, Project Manager, Collier County T.E.C.M.
Approved by:
Date:
Steve Ritter, Manager - Road Construction, Collier County, T.E.C.M.
Approved by:
Date:
Jay Ahmad, Director, Collier County, T.E.C.M.
Authorized by:
Date:
Norman E. Feder, Administrator, T.E.C.M.
Authorized by:
Date:
Roy B. Anderson, P.U.ED., Collier County Utilities Division
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Change Order No.4
OWNER DIRECTED EXPENDITURE
ALLOWANCE FUNDS
TO:
Aim Engineering & Surveying, Inc. FROM:
5300 Lee Boulevard
Post Office Box 1235
Lehigh Acres, Florida 33970-1235
Collier County Transportation Engineering
& Construction Management Department
2675 South Horseshoe Drive, Suite #401
Naples, Florida 34104
Project Name: Vanderbilt Beach Road, from Airport Pulling Rd (CR 31) to Collier Blvd (CR 951)
Contract Agreement Dated: February 3, 2005 Contract No.: 04-3583
Change Order No.: 04 Date: October 10, 2007
DESCRIPTION:
1. The Roadway Portion of this Change Order will add funds and time to the contract. This is necessitated by delays, and
lack of production by the Contractor, that could not be anticipated prior to the work. At this time, the contractor has until
April 12th, 2008 to complete the project. This Change Order's requested funds are in line with this date. The roadway,
engineering and management funds being requested amount to $320,931.00.
2. The Utility portion of this Change Order will add funds to the contract for the duration of the Contractor's schedule. This
is necessitated by delays, and lack of production by the Contractor, that could not be anticipated prior to the work. Current
funding was in line with the contractor's original schedule, and held true to those dates. This Change Order's requested
funds will allow the remaining utilities to be inspected. A claims specialist is also being added with this change order to
help mitigate litigation that will be forthcoming. These utility funds add up to $405,315.00
Total amount for this Change Order is $726,246.00
FUNDING:
ENGINEERING AND MANAGEMENT
Original Budget $ 823,17447
Previous Expenditures
This Expenditure c 30G.716.X:
<;;
BALANCE $ 1,129,89047
INSPECTION SERVICES
Original Budget $ 1,101,929.53
Previous Expenditures $ 206,883.00
This Expenditure ~) .:i-05.3 "15.DC:
BALANCE $ 1.714,12753
SURVEY 4-MAN PARTY DAYS
Original Budget $ 31,920.00
Previous Expenditures
This Expenditure
BALANCE $ 31,920.00
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Page <3 of 1
Page 2
OWNER DIRECTED EXPENDITURE SHEET
Change Order NO.4
TESTING SERVICES
Original Budnet $ 34,030.00
Previous Expenditures
This Expenditure $ 3.200.00
BALANCE $ 37,230.00
EXPENSES
Original Budget $ 83,488.00
Previous Expenditures
This Expenditure $ 11.015.00
BALANCE $ 94,503.00
TOTAL FUNDS,
Original Budnet $ 2,074,542.00
Previous Expenditures $ 206,883.00
This Expenditure $ 7?6.24600
BALANCE $ 3,007,671.00
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Schedule of Fees for:
lTN #04-3583
(Professional Construction Eng Insp)
CEI Major Contract
Vanderbilt Beach Road Six Laning Project from Airport Rd. to Collier Blvd.
Collier County Project 63051
Total Estimated Roadway Fee for 4 Months
Position Employee
Sr. Project Engineer Dennis Roza
Project Engineer Jim Shuler
Office Engineer Karl Vieth
Secretary! RCO Debbie Tew
Sr Inspector Mathew Distel
Inspector Daniel Cockram
Plant Inspector Mark Gibson
Total CEI Straight Time Costs
Sr, Inspector Mathew Distel
Inspector Daniel Cockram
Total CEI Overtime Costs
Lump Sum Expenses Costs
Allied Engineering & Testing, Inc
Total Testing Costs
Total Maximum Fee
Straicht Time Hours
Total
Manhours
176
880
440
880
880
880
194
Premium OT Hours
Total
Manhours
88
88
Hourly
Fee
$10800
$92,00
$77_00
$46.00
$67_00
$5100
$67,00
Hourly
Fee
$100,50
$7650
Total
Fee
$19.008,00
$80,960_00
$33,880_00
$40,480,00
$58,960_00
$44,88000
$12.971,00
$291,139.00
Total
Fee
$8.844,00
$6,732_00
$15,577.00
$11,015.00
Qualitv Assurance & Material Testinq
~o_oo
$3,200.00
$320,931,00
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Todays Date: 10/10/07
LumD Sum EXDenses
includes copier lease
cleaning, electric, and telephone
expenses $11,015,00
iTem 1\10. E;S:
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Vanderbilt Beach Rd. Widenina
Lump sum Expenses
Telephone
Electric
Cleaning
Copy Machine
Telephone
Electric
Cleaning
Copy Machine
Office Rent
Monthly for Total Project
Months Fee Total
42 160 $6,720.00
42 218 $9,156.00
42 125 $5,250.00
42 306 $12,852.00
Monthly Charged to Project
Months Fee Total
4 160 $640.00
4 218 $872.00
4 125 $500.00
4 306 $1,224.00
4 1944.64 $7,778.88
Grand Total $11.,015.00
Vanderbilt Beach Rd. Proiect
Roadway Fee Summary
Total Project
Fee
$291,139.00
Regular Labor
Premium Labor
Expenses
Lab Testing
Grand Total
$15,577.00
$11,015.00
$3,200.00
$320,931.00
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BUDGET AMENDMENT REQUEST
For BudgevT-inance liSt' Unh
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BAR#..
A,P,H. Date,.
411
Fund Number
Water Capital Projects
Fund Description
Date Prepared: 9-20-07
Approved by BCC on:
Attach Executive Summary
Item No.:
Fund Center Title:
WBS Element Title:
Expense Budget Detail
Combined Water Capital Projects
US 41 - 16" WM 951 to Manatee Rd.
Fd CtrNo.: 273511
WBS No.: 701531
{Provide the Fund CenWr or V./BS element information: 11 is not re(luircd to rovide hath.)
Fund WBS Commit Commitment Item Increase Current Revised
Center Element Item Description (Decrease) Budget Budget
273511 701531 763100 Improvements (202.70(j,OO) 372,953.75 ] 70,253.75
Net Change to Budget (202.700.00)
Expense Budget Detail
Fund Center Title: Combined Water Capital Projects
WBS Element Title: VBR Parallel 24" WM - Airport / 951
(Provide the Fund Center or \VBS eleme11l inJ{lmuJtion: it IS nOI required to provide both,)
Fd Ctr No.: 273511
WBS No.: 701501
Fund WBS Commit Commitment Item Increase Current Revised
Center Element Item Description (Decrease) Budget Budget
273511 701501 631400 Engineering Fees 202.700.00 354.3430 I 557.043.0]
Net Change to Budget 202.700.00
Expense Budget Detail
Fund Center Title:
WBS Element Title:
Fd Ctr No.:
WBS No.:
(Provide the Fund Center or WBS c1emenlmformati01l' it is not required In provide hoth )
Fund WBS Commit Commitment Item Increase Current Revised
Center Element Item Description (Decrease) Budget Budget
Net Change to Budget
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Revenue Budget Detail
Fd CtrNo.:
WBS No.:
Fund Center Title:
WBS Element Title:
(Provide the Fund Center or WBS dement infomlatioo' it is not required to provide b0th )
Fund WBS Commit Commitment Item Increase Current Revised
Center Element Item Description (Decrease) Budget Budget
Net Change to Budget
EXPLANA nON
Why are funds needed?
Funds are needed to provide engineering inspection services throughout the extended construction
time.
Where are funds available?
Funds are avai lable in the same fund. in a different project.
DATE I
Cost Center Director:
Division Administrator:
Bud"et Department:
Agencv Mana"er:
Finance Department:
Clerk of Board Admin.:
Input by:
B.A. No.:
REVIEW PROCESS
Aaenda Item 1\]0. '1682
, November 13. 2007
PagE 1 of 18
.-'
EXECUTIVE SUMMARY
Approve the purchase of 2.5 acres of improved property (Parcel No. 199) of which
approximately 0.379 acres is required for the construction of the Vanderbilt Beach Road
Extension project. Project No. 60168 (Fiscal Impact: $406,600.00)
OBJECTIVE: Obtain the Board of County Commissioners' approval to purchase improved
property, only a portion of which is required for the construction of the Vanderbilt Beach Road
Extension project between Collier Boulevard and Wilson Boulevard.
CONSIDERATIONS: On April 17, 2006 the Board of County Commissioners approved
Alignment No. 12 for the extension of Vanderbilt Beach Road from Collier Boulevard to DeSoto
Boulevard, and on June 6, 2006, the Board of County Commissioners adopted Resolution No.
2006-142 authorizing the aequisition by gift or purchase of property required for the construction
of roadway, drainage and utility improvements to Vanderbilt Beach Road Extension (Project No.
60168) between Collier Boulevard and Wilson Boulevard (Phase I). The minutes of these
meetings also reflect that the Board authorized the acquisition of all of the properties, located in
both Phases I and 2, which were considered to be "whole takes," i.e., either directly in the path
of the future roadway or within 50 feet of the new right-of-way line.
On October 23, 2007, Mr. Olivera petitioned the Board of County Commissioners to purchase
his property as a whole take due to the unique circumstances of this particular parcel and his
individual situation. In response to Mr. Olivera's petition, the Board of County Commissioners
authorized an exception to its existing policy to allow for consideration of purchasing the subject
parcel as a whole take. The Board of County Commissioners made it abundantly clear to staff
that allowance of this exception at this time in no way was to be interpreted as establishment of a
new policy.
The subject property is a 1,386 square foot (under air) single family residence sitting on 2.5
acres. The total square footage of the residence (including attached garage, separate detached
garage, entry and covered lanai) is 2,924 square feet. The subject property is described as the
West 165 feet of Tract 46, Golden Gate Estates, Unit No. 19, according to the Plat thereof as
recorded in Plat Book 7, Pages 77 and 78, of the Public Records of Collier County, Florida. The
County requires one parcel (Parcel 199) from this property for the Vanderbilt Beach Road
extension project. The proposed taking involves the acquisition of a perpetual Road Right-of-
Way, Drainage and Utility Easement approximately 100 feet in depth across the rear of the
subject property. After the right-of-way is taken for the road project, the residential structure
will be approximately 98 feet from the new right-oi~way line of the Vanderbilt Beach Road
Extension. A separate detached garage will be located approximately 7 feet from the new right-
of-way line. Mr. Olivera advised that his intentions had been to pursue converting this detached
garage into a residence for his parents; however, he now feels that the close proximity to the
right-of-way line precludes him irom pursuing this plan and presents an undue hardship on him
and his family.
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An independent real estate appraiser hired by Collier County has estimated the market value of
the property as of May 2007 at $370,000. While the owner's initial asking price for the property
was far in excess of the appraised value, the purchase price has since been negotiated to
$403,500.00. This negotiated sales price included consideration for seller's loss of the Save Our
Homes exemption and moving expenses, and for the fact that an appraisal is, after all, only an
estimate of value.
Purchase of this entire property was evaluated from an economical standpoint and is considered
to be a viable option. Had Mr. Olivera wished to remain in residence and not move away, his
full compensation settlement would have included not just the value of the land and
improvements taken; but most surely would have included a severance damage payment as well.
Whereas, under the "whole take" scenario, it is estimated that the County's sale of the remainder
property could bring as much as $300,000.00 or more in the open market, since the principal
residence is located in the middle of a beautiful oak hammock and will still consist of 2.5 acres
(gross) and 2.12 acres (net - less the right-olcway). Depending upon the jury's award, or the
mediated settlement, as to the amount of severance damages; the County may save money
through the whole take approach in this particular instance.
FISCAL IMPACT: Funds in the amount of $406,600.00 will come from the Transportation
Suppolied Gas Tax Fund and Impact Fee Funds. (Total amount includes the $403,500.00
purchase price and $3,100.00 for the approximate cost of title insurance, closing fees, recording
fees and home inspection prior to the closing.) Source of Funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: The recommendation is consistent with the County's
Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners of Collier County:
1. Approve, as an exception to the current policy of the Board of County Commissioners, the
purchase of the entire subject property;
2. Authorize its Chairman to execute the Purchase Agreement on behalf of the Board;
3. Authorize the payment of all costs and expenses necessary to close the transaction;
4. Accept the conveyance of the property via Warranty Deed and authorize the County Manager
or his designee to record same in the public records of Collier County, Florida; and
5. Approve any and all budget amendments required.
Prepared by: Deborah Farris, Senior Property Acquisition Specialist, Transportation Engineering
& Construction Management
Attachments: Purchase Agreement
Aerial Photo
Location Map
Table of Homes Proximate to the Proposed Right-of-Way Line
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COLLIER COUNTY
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PROJECT:
PARCEL:
FOLIO No(s):
VBR Extension #62081
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. OLIVERA, a single person,
whose mailing address is 590 12th Avenue NW, Naples, FL 34120-6316, (hereinafter
referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of
Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112
(hereinafter referred to as "Purchaser").
WHEREAS, Seller owns certain improved property located at 590 12" Avenue
NW, Naples, Florida, and more particularly described as THE WEST 165 FEET OF
TRACT 46, GOLDEN GATE ESTATES, UNIT NO. 19, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 7, PAGES 77 AND 78, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, together with all buildings, structures
and improvements, fixtures, buill.in appliances, refrigerators, stove, dishwasher,
washer, dryer, ceiling fans, floor coverings and window treatments (hereinafter referred
to as "Property"). free from liens; and
WHEREAS, Purchaser requires a portion of the Property for right-of.way
purposes as part of the Vanderbilt 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 to the terms and conditions that follow;
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of
which is hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. AGREEMENT
In consideration of the purchase price and upon the terms and conditions hereinafter
set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the
Property.
2. PURCHASE PRICE
The purchase price (the "Purchase Price") for the Property shall be $ 403,500.00 (U.S.
Currency) payable at time of closing. None of this Purchase Price is attributed to any
personal property listed in the attached inventory. If this Agreement includes an
occupancy provision, the Purchase Price stated above will Include a deduction for all
occupancy fees due under the term of this Agreement.
3. CLOSING
A. The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR
"CLOSING") of the transaction shall be held on or before one hundred twenty
(120) days following execution of this Agreement by the Purchaser but not later
than December 31, 2007 unless extended by mutual written agreement of the
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parties hereto. The Closing shall be held at the Collier County Attorney's Office,
Administration Building, 3301 Tamiami Trail East, Naples, Florida. Purchaser shall
be entitled to possession as of Closing, unless otherwise provided herein. Seller
shall deliver the Property in broom.clean and working condition, and free of all
debris upon vacating the premises.
B. Seller shall convey a marketable titie free of any liens, encumbrances,
exceptions, or qualifications. Marketable titie shall be determined according to
applicable title standards adopted by the Florida Bar and in accordance with law.
At or before the Closing, the Seller shall cause to be delivered to the Purchaser
the items specified herein and the following documents and instruments 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
required by Section 1445 of the Internal Revenue Code and as required
by the title insurance underwriter in order to insure the "gap" and issue the
policy contemplated by the title insurance commitment.
4. A W.9 Form, "Request for Taxpayer Identification and Certification" as
reqUIred by the Internal Revenue Service.
5. Such evidence of authority and capacity of Seller and its representatives
to execute and deliver this Agreement and all other documents required to
consummate this transaction, as reasonably determined by Purchaser's
counsel andlor 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 Title
Company verifies that the state of the title to the Property has not
changed adversely since the date of the last endorsement to the
commitment, referenced in "Requirements and Conditions" below, and the
Title Company is irrevocably committed to pay the Purchase Price to
Seller and to issue the Owner's title policy to Purchaser in accordance
with the commitment immediately after the recording of the deed.
2. Funds payable to the Seller representing the Purchase Price shall be
subject to adjustments and pro-rations as hereinafter set forth.
D. Seller, at its sole cost and expense, shall pay at Closing all documentary
stamp taxes due upon the recording of the Warranty Deed, in accordance with
Chapter 201.01, Florida Statutes, unless the Property is acquired under threat of
condemnation, 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 Article 8, "Requirements and
Conditions" below, shall be paid by Purchaser. The cost of the title commitment
shall also be paid by Purchaser.
E. Purchaser shall pay for the cost of recording the Warranty Deed. Real
Property taxes shall be prorated based on the current year's tax with due
allowance made for maximum allowable discount, homestead and any other
applicable exemptions and paid by Seller. If Closing occurs at a date which the
Page No.2
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current year's millage is not fixed, taxes will be prorated based upon such prior
year's millage.
F. In the event the Seller will occupy the Property after Closing, the sum of Two
Thousand Five Hundred and NO/100 Dollars ($2,500.00) will be paid out of the
Seller's closing proceeds into an interest.bearing account under Purchaser's
control to be held during the Seller's occupancy in accordance with the provisions
of Article 4B below.
4. OCCUPANCY BY SELLER AFTER CLOSING
A. Seller's occupancy of the property may continue for up to thirty (30) days
following the date of closing (the "Term" or "Initial Occupancy"). A fee of Five
Hundred and NO/100 Dollars ($500.00) will be deducted from Seller'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 multiplying the number of months of this Extended Term by
a monthly amount of Five Hundred and NO/100 Dollars ($500.00) for the first
three (3) months and then Two Thousand and NO/100 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 Seller's occupancy is extended, all terms and conditions of this
Purchase Agreement shall remain in effect during Seller'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/100 Dollars ($2,500.00) will be deposited into an interest,
bearing account as security for any damages suffered by the Property during the
Seller's occupancy ("Security Deposit"). The Security Deposit plus accrued interest
will be paid to Seller at the end of its Tenn of occupancy, less disposal costs,
damages and repair costs. Upon the vacating of the Property, the Purchaser will
have thirty (30) days to return the Security Deposit or give Seller written notice of
Purchaser's intention to impose a claim upon the Security Deposit. In the event
Purchaser intends to impose a claim upon a part or all of the Security Deposit, it
will provide Seller with an explanation of the damage, an estimate of repair and an
accounting of the deposit balance, if any.
C. If the Property is partly damaged or destroyed by fire or other casualty not
due to Seller's willful or negligent act or that of anyone on the Property with the
knowledge or consent (actual or implied), of Seller, Purchaser will make repair as
soon as reasonably posslbie. 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, along 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 electricity,
telephone, gas, cable teievision, water, sewer, and solid waste collection, and shall
arrange for a final billing and payment at the lime Seller vacates the Property.
During Seller's occupancy, Seller shall keep the Property free from pests. Seller
shall ensure that the air conditioning system is operational and that a reasonable
room temperature is maintained until he vacates the Property.
E. Seller will 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.
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F. Seller shall maintain the Property, including all Systems and Equipment, in
clean and working condition at all times. Seller shall use all Systems and
Equipment in a reasonable manner. Seller shall immediately make and pay for all
required repairs to the plumbing, range, heating apparatus, washer-dryer, air
conditioning, refrigerator, dishwasher and electric and gas fixtures provided the
cost of said repairs does not exceed Five Thousand Dollars ($5,000.00).
Purchaser reserves the right to enter upon the Property and repair, at the Seller's
expense, all damage or injury to the fixtures and appliances in the event Seller
fails to effect repairs after 10 days' notice. Purchaser's election not to effect
repairs shall not relieve Seller of its obligation to repair or subject Purchaser to
liability for its election.
G. Seller shall comply with all governmental regulations concerning the use of
the property and not permit or suffer any illegal activity or use, or permit to be
made any disturbance, noise or nuisance whatsoever, which would be detrimental
to the peace, quiet and comfort of other persons in the vicinity of the Property, or
affect the insurance risk factor to the Property.
H. Seller shall permit Purchaser's agent or employee to enter the Property at
any reasonable time, upon 24 hours notice, during the term of this Agreement to
inspect the Property or make any needed repairs.
I. Seller will surrender possession of the Property at the expiration of the Term
or any extension thereof in as good a condition as of the Effective Date,
reasonable wear and tear and acts of God excepted. Seller shall not remove
fixtures or appliances. Any personal property remaining on the Property after
expiration of the Term or any extension thereof shall be disposed 01 by the
Purchaser and the Security Deposit in Section 46 shall be reduced by the cost of
the disposaL In the event Seller fails to surrender possession of the Property then
Seller shall pay to Purchaser all attorneys fees and costs incurred by Purchaser to
remove Seller from the Property.
J. Seller shall not alter or make additions to the Property without the
Purchaser's consent. Seller shall not deface, damage or remove any part of the
Property or permit any person to do so.
K. DEFAULT Seller will be deemed in default of this Agreement if Seller
fails to perform any of the covenants, promises or obligations contained in this
Article for a period of ten (10) days after notice of such default. Upon Seller's
delault, Counly may terminate this Agreement upon twenty (20) days written notice
to Seller, re-enter and take possession 01 the Property, whereupon the term
thereby granted and all rights 01 Seller to occupy the Property shall terminate. The
Seller shall remain liable for any damage suffered by the Property because of
Seller's breach of any of the covenants of this Agreement, and such termination
shall be without prejudice to the Purchaser's right to collect said damages.
Purchaser and Seller shall have the right to pursue any and all remedies available
under this Agreement or applicable law.
L. Seller shall be required to maintain insurance on the Property during the
entire Term, and any Extended Term, which policy shall include contents coverage
of $100,000.00, premises liability with limits of $300,000.00, and loss of use
coverage. Purchaser will be named as an additional insured and the policy
premium for the Term of occupancy will be paid in advance at Closing. Seller will
be required to provide a certificate of insurance prior to Closing, and prior to any
term of extended occupancy which Purchaser may agree to grant to Seller.
M. The terms and conditions contained in this Article shall survive Closing and
are not deemed satisfied by conveyance of title.
5. PROPERTY CONDITION DISCLOSURES
A. GeneraL Seller represents that Seller knows of no facts or conditions
materially affecting the value 01 the Property, except those which are readily
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observable by Purchaser, or which have not been disclosed to Purchaser by Seller
in writing and furnished to Purchaser prior to the Effective Date of this Agreement.
B, Radon Gas, Florida law requires the following disclosure: Radon is a
naturally occurring radioactive gas that, when it has accumulated in a building in
sufficient quantities, may present health risks to persons who are exposed to it
over time, Levels of radon that exceed federal and state guidelines have been
found in buildings in Florida. Additional information regarding radon and radon
testing may be obtained from your county health department. Seller has no
knowledge of the existence of radon on the Property or any radon mitigation
having been performed on the Property,
C, Lead Based PainVPaint Hazards. If construction of the residence on the
Property was 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 "Lead-Based Paint and/or Lead.Based Paint Hazards Attachment to Sales
Contract: Disclosure of Information and Acknowledgement."
D, Mold, Molds are commonly found both indoors and outdoors, Interior
infestation by certain molds may cause property damage and health problems for
some persons, Seller has no knowledge of any mold remediation having been
performed on the Property.
E, Warranty, Except as to any facts or conditions disclosed to Purchaser as
required under Section 5A above, Seller warrants that all major appliances and
equipment; sprinkler, well, septic, heating, cooling, electrical and plumbing and
security systems; major mechanical components; roof (including fascia and
soffits); ceiling: structural walls; foundation; swimming pool, spa and poollspa
deck; seawalls: docks; boat lifts/davits and related electrical and mechanical
components, if any (collectively "Systems and Equipment") are in Working
Condition. "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 poollspa deck, if any, shall be
considered in Working Condition if structurally sound and watertight. Seawalls
and docks, if any, shall be considered in Working Condition if 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 item, including corrosion; tears; worn spots;
discoloration of floor covering or wallpaper or window treatments; missing or torn
screens; nail holes; scratches; dents; chips; cauiking; pitted pool surfaces; minor
cracks in windows, driveways, sidewaiks, spa/pool decks and garage, tile, lanai
and patio floors; and cracked roof tiles, curling or worn shingles and limited roof
life, so long as there is no evidence of structural damage or leakage.
6, INSPECTIONS
A. Inspection Period, Purchaser shall have 60 days from the Effective Date
(Inspection Period) to have the Property and improvements thereon inspected at
Purchaser's expense as follows: (a) Systems and Equipment, by an appropriately
Fiorida licensed inspection company or licensed contractor, and/or (b) radon gas,
by a Florida certified radon measurement technician or specialist, andlor (c) lead-
based paint and hazards, by an EPA.certified lead exposure risk assessor, andlor
(d) termites or other wood-destroying 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 facilitate inspections,
S, Election and Response, If any inspection conducted during the Inspection
Period reveals: (1) that any Systems and Equipment are not in Working Condition,
andlor (2) the presence of radon gas at a level in excess of EPA action levels,
and/or (3) the presence of lead-based paint or paint hazards required abatement
under HUD/EPA protocols, andlor (4) the existence of active infestation by
termites or other wood-destroying organisms and/or visible damage caused by
active or past infestation (collectively the "Defective Inspection Items"), Purchaser
shall, within 15 days after expiration of the Inspection Period: (a) notify Seller of
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any Defective Inspection Items, and (b) furnish to Seller a copy of the inspection
report(s) documenting the Defective Inspection Items, and (c) notify Seller 01
Purchaser's eiection either to: (i) receive a credit from Seller at closing in lieu 01
any repairs, repiacements, treatment, mitigation or other remediai 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 expense prior to closing. If Purchaser elects to receive a credit,
the amount of the credit shall be equivaient 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 elects (i), Seller
shall not be required to take any Remedial Action. If Purchaser makes no
election, Purchaser shall be deemed to have elected to receive a credit at Closing.
C. Not later than 15 days from receipt of the written notice and inspection
report(s) from Purchaser ("Seller's Response Deadline"), Seller shall notify
Purchaser whether Seller will give Purchaser credit equal to the cost of repairs or
take remedial action, whichever is requested by Purchaser. If Seller refuses
Purchaser'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 Purchaser retains the rights set forth in Section 6.G. (Walk Through
Inspection) below. If Seller fails 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 fails to timely report any Defective Inspection Items
to Seller, Purchaser shall be deemed to have accepted the 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 condition (as defined above), (2)
radon gas within the residence 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 all
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 the Remedial Action shall be paid by Seller into escrow at Closing
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 Condition. If the costs do exceed
fair market value, than either Seller or Purchaser may elect to pay such excess,
failing which, either party may terminate this Agreement upon written notice.
G. Walk-Throuoh Insoection. Purchaser (or a designated representative) may
conduct a walk-through inspection of the Property prior to Closing and prior to
possession, to confirm: (1) completion of any Remedial Action agreed to by Seller
in Section 6.B "Election and Response" above, (2) that the personal property items
which are being conveyed as part 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 provide access and utilities service to the Property to facilitate the
walk-through inspection.
H. Insoections 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.
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7. RISK OF LOSS
Seller shall maintain the Property (including without limitation the lawn, shrubbery, and
landscaping) in the condition existing on the Effective Date until Closing or date of
Purchaser's possession, whichever is later, except for ordinary wear and tear and any
Remedial Action agreed to by Seller under Section 68 above. Any future loss andlor
damage to the Property between the Effective Date and the Closing or date of
Purchasers possession, whichever is earlier, shall be at Seller's sole risk and expense.
8. REQUIREMENTS AND CONDITIONS FOR CLOSING
Upon execution of this Agreement by both parties or at such other time as specified
within this Articte, Purchaser andlor Seller, as the case may be, shall perform the
following within the times stated, which shall be conditions precedent to the Closing:
A, Within fifteen (15) days after the date hereof, Purchaser shall obtain as
evidence of title an 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.
8. if Purchaser shall fail to advise the Seller in writing of any such objections in
Seller's title in the manner herein required by this Agreement, the title shall be
deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall
have thirty (30) days to remedy any defects in order to convey good and
marketable title, except for liens or monetary obligations which will be satisfied at
Closing. Seller, at its sole expense, shall use its best efforts to make such title
good and marketable. In the event Seller is unable to cure said objections within
said time period, Purchaser, by providing written notice to Seller within seven (7)
days after expiration of said thirty (30) day period, may accept title as it then is,
waiving any objection, or may terminate the Agreement.
C. Seller agrees to furnish any existing surveys of the Property in Seller's
possession to Purchaser within 10 (ten) days of the Effective Date of this
Agreement. Purchaser shall have the option, at its own expense, to obtain a
current survey of the Property prepared by a surveyor licensed by the State of
Florida. No adjustments to the Purchase Price shall be made based upon any
change to the total acreage referenced in Exhibit "A," unless the difference in
acreage revealed by survey exceeds 5% of the overall acreage. If the survey
provided by Seller or obtained by Purchaser, as certified by a registered Florida
surveyor, shows: (a) an encroachment onto the property; or (b) that an
improvement located on the Property projects onto lands of others, or (c) lack of
legal access to a public roadway, the Purchaser shall notify the Seller in writing of
such encroachment, projection, or lack of legal access, and Seller shall have the
option of curing said encroachment or projection, or obtaining legal access to the
Property from a public roadway. Purchaser shall have sixty (60) days from the
Effective Date of this Agreement to notify Seller in writing of any such objections.
Should Seller elect not to or be unable to remove the encroachment, projection, or
provide legal access to the property within sixty (60) days from the date of receipt
of said notification, Purchaser, by providing written notice to Seller within seven (7)
days after expiration of said sixty (60) day period, may accept the Property as it
then is, waiving any objection to the encroachment, or projection, or lack of legal
access, or Purchaser may terminate the Agreement. A failure by Purchaser to
give such written notice of termination within the time period provided herein shall
be deemed an election by Purchaser to accept the Property with the
encroachment, or projection, or iack of legal access.
9. TERMINATION AND REMEDIES
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A. If Seller shall have failed to perform any of the covenants and promises
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, Purchaser
may, at its option, terminate this Agreement by giving written notice of termination
to Selier. 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.
B. If the Purchaser has not terminated this Agreement pursuant to any of the
provisions authorizing such termination, and Purchaser fails to close the
transaction contempiated 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, excepf for the terms and conditions in Article 4, 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 $500.00 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 Article 12, 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.
C. The parties acknowiedge 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 rely on the representations contained in this Article in
entering into this Agreement and warrants the foliowing:
A. Seller has full right and authority to enter into and to execute this Agreement
and to undertake ali actions and to perform all tasks required of each hereunder.
Selier 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. AIi 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.
C. The warranties set forth in this Article are true on the Effective Date of this
Agreement and as of the date of Closing. Purchaser's acceptance of a deed to
the said Property shali not be deemed to be full performance and discharge of
every agreement and obligation on the part of the Selier to be performed pursuant
to the provisions of this Agreement.
D. Seller represents that it has no knowledge of any actions, suits, claims,
proceedings, litigation or investigations pending or threatened against Seller, at
law, equity or in arbitration before or by any federal, state, municipal or other
governmental instrumentality that relate to this agreement or any other property
that could, if continued, adversely affect Seller's ability to sell the Property to
Purchaser according to the terms of this Agreement.
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E. No party or person other than Purchaser has any right or option to acquire
the Property or any portion thereof.
F. Until the date fixed for Closing or as long as this Agreement remains in force
and effect, Seller shall not encumber or convey any portion of the Property or any
rights therein, nor enter into any agreements granting any person or entity any
rights with respect to the Property or any part thereof, without first obtaining the
written consent of Purchaser to such conveyance, encumbrance, or agreement
which consent may be withheld by Purchaser for any reason whatsoever.
G. Seller represents that they have (it has) no knowledge that any pollutants are
or have been discharged from the Property, directiy 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 hazardous substances are or were located on the Property at any tima
during or prior to Selier's ownership thereof. Seller represents none of the
Property has been used as a sanitary landfill.
H. Seller has no knowledge that the Property, and/or that 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 instaliation on or in connection with the Property in
order to comply with any laws, ordinances, codes or regulation with which Seller
has not complied.
I. There are no unrecorded restrictions, easements or rights of way (other than
existing zoning regulations) that restrict or affect the use of the Property, and there
are no maintenance, construction, advertising, management, leasing, employment,
service or other contracts affecting the Property.
J. Seller has no knowledge that there are any suits, actions or arbitration, bond
issuances or proposals therefore, proposals for public improvement assessments,
pay.back agreements, paving agreements, road expansion or improvement
agreements, utility moratoriums, use moratoriums, improvement moratoriums,
administrative or other proceedings or governmental investigations or
requirements, formal or informal, existing or pending or threatened which affects
the Property or which adversely affects Seller's ability to perform hereunder; nor is
there any other charge or expense upon or related to the Property which has not
been disclosed to Purchaser in writing prior to the Effective Date of this
Agreement.
K. Seller acknowledges and agrees that Purchaser is entering into this
Agreement based upon Selier's representations stated above and on the
understanding that Selier will not cause the zoning or physical condition of the
Property to change from its existing state on the effective date of this Agreement
up to and including the date of Closing. Therefore, Seller agrees not to enter into
any contracts or agreements pertaining to or affecting the Property and not to do
any act or omit to perform any act which would adversely affect the zoning or
physical condition of the Property or its intended use by Purchaser. Seller also
agrees to notify Purchaser promptly of any change in the facts contained in the
foregoing representations and of any notice or proposed change in the zoning, or
any other action or notice, that may be proposed or promulgated by any third
parties or any governmental authorities having jurisdiction of the development of
the property which may restrict or change any other condition of the Property.
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L. Seller represents, warrants and agrees to indemnify, reimburse, defend and
hold Purchaser harmless from any and all costs (including attorney's fees)
asserted against, imposed on or incurred by Purchaser, directly or indirectly,
pursuant to or in connection with the application of any federal, state, local or
common law relating to pollution or protection of the environment which shall be in
accordance with, but not limited to, the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq.,
("CERCLA" or "Superfund"), which was amended and upgraded by the 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.
11. NOTICES
Any notice, request, demand, instruction or other communication to be given to either
party hereunder shall be in writing sent by facsimile with automated confirmation of
receipt, or registered or certified mail, return receipt requested, postage prepaid or
personal delivery addressed as follows:
If to Purchaser:
Transportation Engineering & Construction Management
Attn: Kevin Hendricks, ROW Acquisition Manager
2885 South Horseshoe Drive
Naples, Florida 34104
Telephone 239-213-5844
Fax 239-213-5885
With a copy to:
Heidi Ashton-Cicko
Assistant County Attorney
Office of the County Attorney
Harmon Turner Building
3301 Tamiami Trail East
Naples, Florida 34112
Telephone 239-774-8400
Fax 239-774-0225
If to Seller:
Steve T. Olivera
590 12th Avenue NW
Naples, FL 34120-6316
The addressees, addresses and numbers for the purpose of this Article may be
changed by either party by giving written notice of such change to the other party in the
manner provided herein. For the purpose of changing such addressees, addresses
and numbers only, unless and until such written notice is received, the last addressee
and respective address stated herein shall be deemed to continue in effect for all
purposes. Notice shall be deemed given in compliance with this Article upon receipt of
automated fax confirmation or upon on the fifth day after the certified or registered mail
has been postmarked, or receipt of personal delivery.
12. REAL ESTATE BROKERS
Any and all brokerage commissions or fees shall be the sole responsibility of the Seller
and shall be paid at Closing. Seller shall indemnify Purchaser from and against any
claim or liability for commission or fees to any broker or any other person or party
claiming to have been a procuring clause or engaged by Seller as a real estate broker,
salesman or representative, in connection with this Agreement.
13. MISCELLANEOUS
A. This Agreement may be executed in any manner of counterparts which
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together shall constitute the agreement of the parties.
B. This Agreement and the terms and provisions hereof shall be effective as of
the Effective Date and shall inure to the benefit of and be binding upon the parties
hereto and their respective heirs, executors, personal representatives, successors,
successor trustee, and assignees whenever the context so requires or admits.
C. Any amendment to this Agreement shall not bind any of the parties hereof
unless such amendment is in writing and executed and dated by Purchaser and
Seller. Any amendment to this Agreement shall be binding upon Purchaser and
Seller as soon as it has been executed by both parties.
D. Captions and section headings contained in this Agreement are for
convenience and reference only; in no way do they define, describe, extend or
limit the scope or intent of this Agreement or any provisions hereof.
E. All terms and words used in this Agreement, regardless of the number and
gender in which used, shall be deemed to include any other gender or number as
the context or the use thereof may require.
F. No waiver of any provision of this Agreement shall be effective unless it is in
writing signed by the party against whom it is asserted, and any waiver of any
provision of this Agreement shall be applicable only to the specific instance to
which it is related and shall not be deemed to be a continuing or future waiver as
to such provision or a waiver as to any other provision.
G. If any date specified in this Agreement falls on a Saturday, Sunday or legal
holiday, then the date to which such reference is made shall be extended to the
next succeeding bUSiness day.
H. If the Seller holds the Property in the form of a partnership, limited
partnership, corporation, trust or any form of representative capacity whatsoever
for others, Seller shall make a written public disclosure, according to 9 286.23, Fla.
Stat., under oath, of the name and address of every person having a beneficial
interest in the Property before Property held in such capacity is conveyed to Collier
County. (If the corporation is registered with the Federal Securities Exchange
Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock
is for saie to the generai public, it is hereby exempt from the provisions of Chapter
286, Florida Statutes.)
I. This Agreement is governed and construed in accordance with the laws of
the State of Florida.
J. The Effective Date of this Agreement will be the date of execution of this
Agreement by the last signing party.
K. This Agreement and the exhibits attached hereto contain the entire
agreement between the parties, and there are no promises, representations,
warranties or covenants by or between the parties not inciuded 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 iicense 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 a
condition of sale which is not subject to Chapter 83, Florida Statutes. The parties
do not intend to invoke any of the obligations or remedies contained in Chapter 83,
and the terms and conditions contained herein shall be construed in accordance
with the parties intent and shall be given their plain meaning without reference or
application of 9 83.43, Florida Statutes, or any other portion of Chapter 83.
Page No. 11
I~-:-;;T; !\je; 'I t_',:::;r:
NG\'srr,bf;'" ~ -, 2[1[;;
0; Ar,
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date first above written.
Property acquisition approved by BCC pursuant to Agenda Item No.
dated
AS TO PURCHASER:
DATED:
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
JAMES COLETTA, Chairman
ATTEST:
DWIGHT E. BROCK, Clerk
AS TO OWNER:
:;Plh::;~7
Witness (Signature)
11 tkr-
Print or T e
Name (Print or Type)
Approved as to form and
legal sufficiency:
~J. I- J\.
Heidi F. AShton
Assistant County Attomey
Last Revised: 2/1107
Page No. 12
^..;:;9n:.;~ ~::O,',
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HOMES PROXIMATE TO THE VBR EXTENSION R/W LINE
(BACKYARD SETBACKS ONLY)
PHASE ONE - COLLIER BOULEVARD TO WILSON BOULEVARD
1 home 75 feet from the proposed right-of-way line
2 homes 100 feet from the proposed right-of-way line
1 home 175 feet from the proposed right-of-way line
PHASE TWO- WILSON BOULEVARD TO DESOTO BOULEVARD
3 homes within 50 feet of the proposed right-of-way (previously approved as whole takes)
2 homes within 150 feet of the proposed right-of-way
1 home within 115 feet of the proposed right-of-way
1 home within 100 feet of the proposed right-of-way
1 guest house within 150 feet of the proposed right-of-way
All other residences are located 200 feet or more from the proposed right-of-way line.
.
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Agenda Item No. 16B3
November 13, 2007
Page 1 of 16
EXECUTIVE SUMMARY
Recommendation to approve a Resolution which authorizes the Chairman to
execute Amendment No.1 to Florida Department of Transportation Joint Project
Agreement FM #195403-2, increasing the funding available for Ethernet conversion
and extending the project deadline to June 30, 2008.
OBJECTIVE: To enhance the scalability and reliability of the current Traffic Signal
System Network by converting the communication technology from SONET to Ethernet.
CONSIDERATIONS: On November 18, 2003, by Resolution 2003-412 (Item 16-B-3),
the Board of County Commissioners approved and executed a Joint Project Agreement
between Collier County and the Florida Department of Transportation to commence
Phase Two of the Advanced Traffic Management System project. The purpose of this
project was to expand and enhance the county's traffic signal system, and it was executed
as a JP A so that the project could be managed locally and performed with Collier County
contracts. The State of Florida agreed to reimburse Collier County up to $4,728,033.00,
of which $3,520,456.00 was programmed for Construction, $656,333.00 was
programmed for CEl Services, and the rcmaining $551,244.00 was programmed for Post
Design Services and Integration. The Florida Department of Transportation issued its
Notice To Proceed to Collier County on January 8, 2004.
Although the project as designed was substantially complete by August 2006,
approximately $1 million of the project funds remained available for additional
expansion and project modifications. The Florida Department of Transportation agreed
that the remaining project budget could be used by Collier County to further expand the
geographic reach of the project, as well as to update equipment and software for the
signal system with no modification to the original JP A. During this time it became
increasingly apparent that the existing SONET communications infrastructure which was
implemented during Phase One of the project and extended early in Phase Two, was
difficult and costly to expand. Also, because it is an older technology, the system could
not take full advantage of the communications options on newer ITS technologies such as
emergency pre-emption or variable message signs, which typically are manufactured
ready for Ethernet.
Given these compatibility and scalability concerns, as well as the traffic industry's
movement away from multiplexed telecommunications technologies toward Ethernet-
based ones in general, the FDOT offered to supplement the amount requested in Collier
County's FY 07/08 budget for Ethernet switches by $125,000. In accordance with the
JPA Amendment, these funds will be reimbursed to Collier County following completion
and inspection of this remaining pOliion of the project.
Agenda Item No. 1683
November 13, 2007
Page 2 of 16
FISCAL IMPACT: A budget amendment is needed to recognize the $125,000 revenue
reimbursement from the state and to increase the Computerized Signal system project
601722. By approval and execution of this JPA Amendment, the FDOT will reimburse
Collier County an additional $125,000 for Ethernet equipment to upgrade the current
SONET infrastructure. Project funds are budgeted in Computerized Signal
System Project 60172-2 in the Gas Tax Capital Fund 313.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact
associated with this Executive Summary.
RECOMMENDA TION: That the Board of County Commissioners approve the
Resolution and authorize the Chairman to execute the Amendment to the Joint Project
Agreement to extend the Advanced Traffic Management System, Phase 2 project
deadline to .Tune 30, 2008, to increase the total amount of eligible reimbursement to
$4,853,033, and to approve the necessary budget amendment.
Prepared By: Sheila A. Convery, Signal Systems Network Engineer, Traffic Operations
Attachments: (l) Resolution 2007-_: (2) Amendment to .Toint Project Agreement
FM#195403-2
Item Number;
Item Summary:
Meeting Date:
Page 1 of 1
Agenda Item No, 1683
November 13, 2007
Page 3 of 16
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1683
Recommendallon to approve a Resolution which authorizes the Chairman to eX6cule
Amendment No 1 to Florida Department of Tmnsportation Joint Project Agreement PM
#1'.:;5403.2,increasingthefundingavailableforElhernetconversionol'ldextendinglhe
project deadlll1e to June 30 2008
11/13/20079 OOOD ,Il.,M
Senior Administrative Asslshnt
Date
Prepared By
Sheila Convery
Transportation Services
Tr<lfficOperations
10!221200712:29c06PM
Approved By
Transportation Division Aclminlstrator
Date
Norm E. Feder. AICP
Transportation Services
Tral1!,portation Services Admin.
10i23J20079:36AM
Scott R. Teach
Asr.istant County Attomey
Date
Approved By
County Attamey
County Attamey Office
10/23120075:1SPM
RobertW. Tipton PE.
Traffic Operations Director
Ollie
Approved By
TransportlltionServices
Traffic Operations
10i25/20074:24PM
Approved By
MmlagemcntlBudgetAnalyst
Date
BarbaraL"Pierre
TransllortatLonServices
lrilfiic Operations
10i2C120079:4SAM
Administratl'leAs"'Slant
Date
Approved By
AnrllaOrtcga
TransportatlOnSel'Jiees
Troffie Operations
10i2Ci20071:0GPM
Sllaron Newman
AccountingSuperv;sor
Date
Approved By
Tra"lsportationServices
Tr<lm;portationServlcesAdmin
10i30i2D072:12PM
Approved By
Ther-eseStanley
Transportation
Grants Coordinator
Date
TransportatiQnAdministration
10/31/2D077:10AM
P3tLehnllard
EyecutiveSecretary
Date
Approved By
TransportationServioes
Transportation Services Admin
1013112007ll:29AM
OM8 Coordinator
Applications Analyst
Date
Approved By
Administrative Services
InfonnationTechnology
11/11200711:12 AM
SUSllnUsher
Senior ManagemeniiBud,:el AnRiyst
D<lte
Approved By
County Manager's Office
Office of Management & Buctget
1117i200712:07PM
Approved By
County Manllger
Date
JamesV. Mudd
Board of County
Commissioners
County Manager's Office
111712007101 PM
...1... I/r'.\ II "",,,A'.>T"'''1\]::v...,,rl\Q''-~TmIPrn'h{.,..o/n')f)1 '; O/n 7f)')007\ 1 f.. OI..?OrnNSFNTO/;,?OAGFN
11/7I?0fl7
RESOLUTION NO. 2008-
Agenda Item No. 1683
November 13, 2007
Page 4 of 16
RESOLUTION BY THE BOARD OF COUNTY
COMMISSIONERS, COLLIER COUNTY, FLORIDA,
AUTHORIZING THE CHAIRMAN OF THE BOARD OF
COUNTY COMMISSIONERS TO EXECUTE
AMENDME"T NUMBER I OF A JOINT PROJECT
AGREEMENT WITH THE STATE OF FLORIDA,
INCREASING PROJECT FUNDS AND ESTABLISHING
A NEW COMPLETION DATE.
WHEREAS, THE State of Florida Department of Transportation has funded
improvements to the Collier County Computerized Signal System Phases 1 and 2, in
accordance with its Five Year Work Program, under FM Number 195403-1-58-01 and
FM Number 195403-2-38/58/68-01; and
WHEREAS, this project is on the State Highway System, is not revenue
producing and is contained in the tentative Five Year Transportation Plan; and
WHEREAS, the Chainnan aUhe Board ofeounty Commissioners has previously
executed by past Resolution a Joint Project Agreement between Collier County and the
State of Florida for this purpose; and
WHEREAS, it is in the public interest to extend the duration of the Agreement
and accept additional reimbursement from the State of Florida in the amount of$125,000
to modemize the communication infrastructure of the Computerized Signal System
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIO"ERS OF COLLIER COU"TY, FLORIDA that
1. The Board of County Commissioners, Collier County, Florida, hereby authorizes
the Board Chairman to execute Amendment Number 1 of the Joint Project Agreement
entitled "FIRST AMENDMENT TO JOIJ\T PROJECT AGREEMENT BETWEEN THE
STATE OF FLORIDA DEI' ART\1ENT OF TRANSPORT A TION AND COLLIER
COUNTY FOR CONSTRUCTION, CEI. AND POST DESIGN SERVICES FOR
PHASE II OF THE COLLIER COUNTY COMPUTERIZED SIGNAL SYSTEM," a
copy of which Amendment is attached hereto.
2. The Clerk to the Board is hereby directed to forward a certified copy of this
Resolution to the Florida Department of Transportation, Bartow, Florida.
3. This Resolution shall take effective immediately upon adoption.
Agenda Ilem No. 16B3
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring the November 13, 2007
Page 5 of 16
same this _ day of
,2007.
ATTEST:
COMMISSIONERS
DWIGHT E. BROCK, Clerk
BY:
Deputy Clerk
Approved as to form and
legal sufficiency:
Scott Teach
Assistant Collier County Attorney
BOARD
OF
COUNTY
COLLIER COUNTY, FLORIDA
BY:
JAMES COLETTA, Chairman
Aoenda Item No. 16B3
~ November 13. 2007
Page 6 of 16
FM #195403-2-38/58/68-01
FIRST AMENDMENT TO
JOINT PROJECT AGREEMENT
BETWEEN THE
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
COLLIER COUNTY
FOR CONSTRUCTION, CEI, AND POST DESIGN SERVICES FOR PHASE II
OF THE COLLIER COUNTY COMPUTERIZED SIGNAL SYSTEM
CHAIRPERSON
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
As of
When signed by Collier County and the State of Florida Department of Transportation in the places
provided below, the following shall constitute a First Amendment to the JOINT PROJECT
AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND COLLIER COUNTY FOR CONSTRUCTION, CEI, AND POST DESIGN SERVICES FOR
PHASE II OF THE COLLIER COUNTY COMPUTERIZED SIGNAL SYSTEM dated December 9,
2003, between Collier County and the State of Florida Department of Transportation, as in force
immediately prior to the execution of this First Amendment:
1. All expressions used herein, unless herein separately defined, shall have the same meaning
herein as in the Agreement.
2. Except as expressly or by necessary implication modified hereby, all provisions of the
Agreement shall remain in full force and effect in accordance with their terms but in the event of
any inconsistency(ies) between the provisions of the Agreement and the provisions hereof, the
latter shall prevail.
3. Paragraph 2 of the Agreement is deleted in its entirety and in its place is substituted the
following:
The PROJECT consists of construction, CEl and post design services for
improvements to Phase 11 of the Collier County/City Naples Computerized Signal
System. The PROJECT will incorporate additional signalized intersections into the
County system and will include the installation of video cameras for traffic
monitoring at congested intersections. Post-design services and development of new
signal timings for the PROJECT intersections will also be provided under separate
contract by the COUNTY. The additional $125,000 offunding provided in FY 07/08
shall be for Collier County Phase I SONET upgrade. Said construction of the
PROJECT shall be completed on or before June 30, 2008.
4. Paragraph 4 of the Agreement is deleted in its entirety and in its place is substituted the
following:
The DEPARTMENT agrees to a maximum participation, including contingencies, in
the PROJECT in the amount of FOUR MILLION EIGHT HUNDRED FIFTY-
THREE THOUSAND AND THIRTY-THREE DOLLARS ($4,853,033.00)
broken dO\vn as follows: Construction $3,645,456.00, CEI Services $656,333.00, and
Post Design Services $551,244.00.
Agenda Item No. 1683
November 13, 2007
Page 7 of 16
FM #195403-2-38/58/68-01
FIRST AMENDMENT TO JPA WITH COLLIER COUNTY
Page 2 of2
IN WITNESS WHEREOF, the COLLIER COUNTY has caused this First Amendment to be
executed in its behalf, by the Chairman or its designee, as authorized by Resolution # 2007-
, ,and the FLORIDA DEPARTMENT OF TRANSPORTATION has caused this First
Amendment to be executed in its behalf through its District Secretary or authorized designee. This
First Amendment shall become effective on:
Date to be entered by the Department
COLLIER COUNTY, FLORIDA
ATTEST
CHAIRMAN
CLERK
(SEAL)
DATE
PRINT NAME
DATE
COLLIER COUNTY LEGAL REVIEW:
BY:
DATE
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
ATTEST
EXECUTIVE SECRETARY
(SEAL)
BY:
DISTRICT SECRETARY OR DESIGNEE
DISTRICT ONE
PRINT NAME
DATE
PRINT NAME
DATE
FLA. DEPT. OF TRANS. LEGAL REVIEW:
BY:
DATE
EXECUTIVE SUMMARY
Agenda Item No. 1683
November 13, 2007
Page 8 of 16
-
APPROVE A RESOLlITION TO ALLOW TIlE CHAIRMAN OF THE BOARD OF COUNTY
COMMISSIONERS TO ENTER INTO A JOINT PROJECT AGREEMENT (JPA) WITH TIlE
FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) TO PROVIDE FOR TIlE
CONSTRUCTION OF PHASE TWO OF TIlE COUNTYWIDE ADVANCED TRAFFIC
MANAGEMENT SYSTEM BY COLLIER COUNTY.
OBJECTIVE: To gain Board approval for the Board Chairman to enter into a JPA (attached) with the
FDOT that will allow CoJlier County to construct Phase Two of the Advanced Traffic Management
System (A TMS) and be reimbursed by the FDOT for its costs in doing so.
CONSIDERATIONS: Phase One of the Collier County ATMs began construction in May of 2001 and
was completed in October 2003, thirteen months behind schedule. Given construction problems,
provision of low-bid control equipment, and maintenance of traffic issues involved with Phase One, the
FDOT, which has prepared plans and is providing funding for Phase Two construction, and County staff
have agreed that the most effective and efficient method of implementing Phase Two is through a JP A
with the County. The County will build and integrate Phase Two into the existing signal system and the
FDOT, on a quarterly basis, will reimburse the County for the costs of construction, inspection, and
system integration.
-,
FISCAL IMPACT: FDOT funding is available and programmed in this Fiscal Year (03/04) to reimburse
the County for all costs of completing the construction and integration of Phase Two of the A TMS,
lImited to a maximum amount of $4,728,033.00, with payments made as they are invoiced by the County
on a quarterly basis. Due to FDOT quarterly invoicing requirements, the County's expenditures-be fore-
FDOT-reimbursement will be funded from 313 Reserves anwor Project 60172 and the reimbursement
from FDOT will be placed back into the appropriate fund.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: 1bat the Board approve the attached Resolution and necessary Budget
Amendments and authorize the Board Chainnan to enter into a JP A with the FDOT for the construction
of Phase Two of the Advanced Traffic Management System.
SUBMITTED B
~?-v~/ .
hert W. Tipton, PE, County raffic Operations Engineer
DATE:/C-JO"'-'3
DATE: \) I Ib-
flic Operations & Alternative Transportation Modes Director ~
APPROVED BY:
DATE: ~t1 C!3
CP, Transportation Admmistrator
AG,EiN~ IT~
No.~
---
NOV 1 8 2003
Pg. \
RESOLUTION '10. 2003 -
Agenda Item No. 1683
November 13, 2007
Page 9 of 16
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS. COLLIER
COUNTY. FLORIDA. AOTHORIZlNG THE CHAIRMAN OF THE BOARD OF
COUNTY COMMISSI01<ERS TO ENTB INTO A JOINT PROJEcr AGREEMENT
WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR
THE CONSTRUCTiON. CONSTRUcrOON ENGlI>'EERING AND INSPECTiON,
("CEI'"). A."ID POST DES1GN SERVICES FOR PHA.SE II OF THE COLLIER
COUNTY COt\lPl,"'TERIZED SIGNAL S.....STEM.
WHEREAS, the State of Florida Department of Transportation it> prepared. in accordance with its
Five Year Work Program, \0 fund impro\'ement~ to the Collier County Compulerired Signal System
Phase I in fiscal year 2002.12003, under FM Numbcr- 195403.1-58-01; lInd
WHEREAS, this project is on the $me Highway System. is nOl revenue producing and is
contained in the tentalive FiH Year Transpon<lrion Plan; and
WHEREAS. Collier County is willing to undertake this project and the Slate of Florida
Dep:lnment of Tran~porlation i~ ,,,.'illing to compl:"nsate Collier Coumy for costs directly related to the
construction. construction engineering and inspc':lion ("CEr'), ll'1d po~t design services fOf the project up
10 the sum of $-1,728,033.0010 do ~:lid worK.
NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF COU:--.TY CO:\1MISSIONERS
OF COLLIER COUNTY, FLORIDA, that:
1. Th:: 80<lrd of C()umy Commissioners, Collier County. Florida, hereby authorizes the
Hoard Chairman to enter into an ..-\gre~menl elltitld "JOINT PROJECf AGREE1\fENT BETIVEEN THE
STATE OF R...-ORIDA DEPART\-lE.\'T OF TRANSPORTATION AND COLLIER COlJ}."TY FOR
CONSTRUCTIO!\'. eEl AND POST DESIGN SERVICES FOR PHASE II OF THE COLLIER
COU,TY CO~"iPUTERJZED SIGN.U SYSTEM," a copy of which Agreement is ;mached hereto.
2 Th~ Clerk to the Board is hereby directed to forward a cenified copy of this Re~olutjon to
the Florida Department of Transport<ltion. Barto\\'. F1orida.
3_ This Resolution shaH take effective immedialely upon adoption.
This Resolution ;Jdopled after motion. secrnd, and majorilY vale favoring same. this_
day of November, 2003.
A TrEST:
D\\1GHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
By:
By'
Deputy Clerk
Tom Henning, Chairman
Ap roved to form and J:-gal
'u ,
Jeff y . Klatz.kow
Ass tal Count)' Atlorney
NO~~~ f~
NOV 1 8 2003
Pg. ~
.~
Pa~ 1 of 1
Agenda Item No. 1663
November 13, 2007
Page 10 of 16
FMNO:
COUNTY:
195403-2-38/58/68-01
COLLIER
JOINT PROJECT AGREEMENT
BETWEEN THE
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
COLLIER COUNTY
FOR CONSTRUCTION, CEI, AND POST DESIGN SERVICES FOR PHASE II
OF THE COLLIER COUNTY COMPUTERIZED SIGNAL SYSTEM
This is an Agreement by and between the STATE OF FLORIDA DEPARTlviENT OF
TRANSPORTATION, hereinafter rcferred to as the "DEPARTMENT" and COLLJER COUNTY,
FLORIDA, hereinafter referred to as the "COUNTY",
WITNESSETH
\VHEREAS, the DEPARTMENT is prep3red, in accordance with its Five Year Work
Program to fund construction improvements to Phase II of the Collier County/City of Naples
Computerized Signal System in fiscal year 2003/2004, under FM Number 195403-2-38/58/68-01,
hereimfter referred to JC the "PP,OJECT"; Jnd
W1-IEREAS, said PROJECT is on the State Highway System, is not revenue producing and is
contained in the tentative Five Year Tr3nsportation Plan; and
\'v'1-IEREAS; the COL l..JTY is willing to unde11ake the PROJECT and the DEP ART?v1ENT is
willing to compensate the COUNTY for costs directly related to the construction, constructi?n
engineering and inspection ("CEI"), and post design services for the PROJECT as described herein;
and
WHEREAS, the COl.JNTY by Resolution, dated the _ day of ,2003, a copy of
which is attached hereto and made a part hereof, has authorized the Chairperson of the County
Commission to enter into this Agreement.
NOW THEREFORE, in consideration of the mutual benefits to be derived from joint
participation in this Agreement, the parties agree as follows:
I. The COUNTY agrees to undertake the construction, CEI, and post design services for the
PROJECT and the DEPARTMENT agrees to pay for said services, as stated in paragraph 4 herein,
provided they are performed in accordance with the DEP AR TMENT's specifications and the terms
and conditions in this Agreement. , AG~t;JDn! ,'C "
. NO.---\-I-(LC\"_~
2. The PROJECT consists of construction, CEI and post design services for mpr~olfe~~ ::'';J3
pg.
3
Agenda Item No. 16B3
November 13, 2007
Page 11 of 16
,~
Phase II of the Collier County/City of Naples Computerized Signal System. The PROJECT will
incorporate additional signalized intersections into the County system and will include the
installation of video cameras for traffic monitoring at congested intersections, Post-design services
and development of new signal timings for the PROJECT intersections will also be provided under
separate contract by the County. Said construction of the PROJECT shall be completed on or before
July 30, 2006.
3. The COUNTY will begin construction of the PROJECT after execution of this Agreement
and upon receiving notification in ""Titing by the DEP AR TMENT to proceed.
4. The DEPARTMENT agrees to a maximum participation, including contingencies, in the
PROJECT in the amount of FOUR MILLION SEVEN HUNDRED TWENTY-EIGHT
THOUSAND THIRTY THREE DOLLARS ($4,728,033.00) broken down as follows: Construction
$3,520,456,00, CEl Services $656,333.00, and Post Design Services $551,244.00.
5. The DEPARTMENT agrees to pay the COUNTY in accordance with Section 339.12, Florida
Statutes, and totally subject to legislative approval and appropriation, in accordance wi1h paragraph 4
herein. Said payment will be made after receipt of quarterly invoices from the COUNTY on the
PROJECT until final accepted by the DEP ARTMENT. The invoice and supporting documentation
is to be sent to the Project Manager for approval and processing. In the event the COUNTY
proceeds with construction of the PROJECT with its own forces, the COUNTY will only be
reimbursed for direct costs (this excludes general and administrative overhead).
6. All tracings, plans, specifications, maps and/or reports prepared or obtained under this
Agreement shall be considered works made for hire and shall become the property of the
DEP AR TMENT without restriction or limitation on their use. The DEP AR TMENT will have the
right to visit the site for inspection of the work and the drawings ofthe COu'NTY at any time.
7. All notices under this Agreement shall be directed to the following addresses:
TO DEPARTMENT:
Paul Theberge, Resident Engineer
Florida Department of Transportation
2981 NE Pine Island Road
Cape Coral, Florida 33909
TO COUNTY:
Bob Tipton
County Traffic Operations Manager
Collier County
27.05 S. Horseshoe Dr.
Naples, Florida 34104
8. (a) Bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and pos1audit thereof.
(b) Bills for travel expenses specifically authorized in this Agreement shall be submitted
and paid in accordance with Section 112.061, Florida Statutes.
2
No~j1Qt~~
NOV i ~ ~J03
--.
pg.
~
Agenda Item No. 16B3
November 13, 2007
Page 12 of 16
(c) The COUNTY shall allow public access to all documents, papers, letters or other
material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
COUNTY in conjunction with this Agreement. Failure by the COUNTY to grant such public access
shall be grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT.
(d) The DEP AR TMENT agrees to pal' the COUNTY for the herein described services at
a compensation as detailed in this Agreement.
(e) Vendors (in this document identified as COUNTY) providing goods and services to
the DEPARTMENT should be aware of the following time frames. Upon receipt, the
DEPARTMENT has five (5) working days to inspect and approve the goods and services, unless the
Agreement specifics otherwise. The DEPARTMENT has 20 days to deliver a request for payment
(voucher) to the Department of Financial Services. The 20 days are measured from the latter of the
date the invoice is received or the goods or services are received, inspected and approved.
(f) If a payment is not available within 40 days, a separate interest penalty at the rate
established pursuant to Section 55.03(1), Florida Statutes, per day will be due and payable, in
addition to the invoice amount, to the Vendor. Interest penalties ofless than one (1) dollar will not
be enforced unless the Vendor requests payment. Invoices which have to be returned to a Vendor
because of Vendor preparation errors will result in a delay in the payment The invoice payrnent
requirements do not start until a properly completed invoice is provided to the DEPARTMENT.
Ig) A Vendor ()mbUUSlIlall lias ueell e,lauJj,L~J within the Dcpil11mcnt of Financial
Services. The duties of this individual include acting as an advocate for contractors/vendors who
may be experiencing problems in obtaining timely paymcnt(s) from a state agenc)'. The Vendor
Ombudsman may be contacted at (904) 488-2924 or by calling the State Comptroller's Hotline, ]-
800-848-3792.
(h) Records of costs incurred under terms of this Agreement sh".l1 be maintained and
made available upon request to the DEPARTMENT at all times during the period of this Agreement
and for three years after final payment is made. Copies of these documents and records shall be
furnished to the DEPARTMENT upon request. Records of costs incurred include the COUNTY's
general accounting records and the project records, together with supporting documents and records,
of the COUNTY and all contractors and consultants performing work on the PROJECT, and all other
records of the COUNTY and its contractors and consultants considered necessary by the
DEP ARTMENT for a proper audit of costs.
(i) The DEPARTMENT, during any fiscal year, shall not expend money, incur any
liability, or enter into any contract which, by its terms, involves the expenditure of money in excess
of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or
written, made in violation of this subsection is null and void, and no money may be paid on such
contract. The DEPARTMENT shall require a statement from the Comptroller of the
DEPARTMENT that funds arc available prior to entering into any such contI' ~ _ I' \:Jindi\- '
No. G 1.<i12T
3 NOI i;;;- I
~ Sd
Agenda Item No, 16B3
November 13, 2007
Page 13 of 16
commitment offunds. Nothing herein contained shall prevent the making of contracts for periods
exceeding one year, but any contract so made shall be executory only for the value of the services to
be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, the State of Florida's
performance and obligation 10 pay under this Agreement is contingent upon an annual appropriation
by the Legislature.
G) No funds received pursuant to this Agreement may be expended for lobbying the
Legislature or a state agency.
(k) The COUNTY shall not sublet, assign or transfer any work under this Agreement
without the prior written consent of the DEPARTMENT.
(I) The DEP AR TMENT shall not be obligated or liable hereunder to any party other than
the COUNTY.
(m) In no event shall the making by the DEPARTMENT of any paymentto the COUNTY
constitute or be construed as a waiver by the DEPARTMENT of any breach of covenant or any
default which may then exist, on the part of the COUNTY, and the making of such payment by the
DEPARTMENT while any such breach or default shall exist shall in no way impair or prejudice any
right or remedy available to the DEP AR TMENT with respect to such breach or default.
(n) A pe,son or affiliate who has been placed on the convicted vendor list following a
cuuvicliull [Ul d jJuLliL t:lllity L:ti1l1~ lImy Hul :::;ULUlil d. LjJ VJl d L,UUlJdl..,llu j.JluviJe aUY guuJ::. vi
services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perfoml work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not t,ansact business
with any public entity in excess of the threshold amount provided in Section 287.017, Florida
Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list.
(0) An entity 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 of a public building or public work,
may not submit bids on leases of real property to a public entity, may not be awarded or perform
work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity,
and may not transact business with any public entity.
(P) Unless otherwise specifically stated herein, this Agreement shall be governed by and
construed in accordance with the laws of the State of Florida.
~Efe~
~V . 1 s:..2llA3
~-
4
Agenda Item No. 1683
November 13. 2007
Page 14 of 16
(q) This Agreement shall not be renewed. Any extension shall be in writing and
executed by both parties, and shall be subject to the same terms and conditions set forth in this
Agreement.
9.
a)
The DEPARTMENT also reserves the right to seek termination or cancellation of
this Agreement in the event the COUNTY shall be placed in either voluntary or
involuntary bankruptcy. The DEP AR TMENT further reserves the right to terminate
or cancel this Agreement in the evenf an assignment be made for the benefit of
creditors.
b) If the DEPARTMENT determines that the performance of the COUNTY is not
satisfactory, the DEPARTMENT shall have the option of 0) immediately terminating
the Agreement, or (ii) notifying the COUNTY of the deficiency with a requirement
that the deficiency be corrected within a specified time, otherwise the Agreeffient will
be terminated at the end of such time. or (iii) take whatever action is deemed
appropriate by the DEP AR TMENT.
c) If the DEPARTMENT requires termination of the Agreement for reasons other than
unsatisfactory performance of the COUNTY, the DEPARTMENT shall notifY the
COUNTY of such termination, with instructions as to the effective date of
termination or specify the stage of work at which the Agreement is to be terminated.
J) IfOl"':' AgIL(jl/l.J1( j~ kl1l1iUc1kJ Lt..fult,; }JLJ[V1Uil1iJ(,(, j~ ":"UJlq..,]U(.J, tln:. COUNT'll =:.Iw.ll
be paid only for that work satisfactorily performed for which costs can be
substantiated. Such payment, however, may not exceed an amount which is the same
percentage of the contract price as the amount of work satisfactorily completed is a
percentage of the total work called for by this Agreement. All work in progress will
become the property of the DEP.-".RTMENT and \Viii be turned O-ier promptly by the
COUNTY.
10. If any part ofthisAgreement shall be determined to be invalid or unenforceable by a court of
competent jurisdiction or by any other legally constituted body having the jurisdiction to make such
determination, the remainder ofthis Agreement shall remain in full force and effect provided that the
part of this Agreement thus invalidated or declared unenforceable is not ma1erial to the intended
operation of this Agreement.
I I. a) To the extent allowed by Section 768.28, Florida Statutes, the COUNTY hereby
agrees to indemnify, defend, save and hold harmless the DEPARTMENT and all of its officers,
agents or employees from all suits, actions, claims, demands, liabilities of any nature whatsoever
arising out of, because of, or due to breach ofthis Agreement by the COUNTY, its officers, agents,
employees or subcontractors or due to any negligent act or occurrence of omission or commission of
the COUNTY, its officers, agents, employees or subcontractors. Neither COUN an of its
officers, agents, employees or subcontractors will be liable under this section for
the DEPARTMENT or any of its officers, agents or employees. The parties agr
e~~~~
NOV 1 8 2003
5
Pg.
7
Agenda Item No. 1663
November 13, 2007
Page 15 of 16
.'-
total compensation to the COUNTY for performance ofthis Agreement is the specific consideration
from the DEPARTMENT to the COUNTY for the COUNTY's indemnity agreement.
b) The COUNTY agrees to include the following indemnification in all contracts with
contractors/subcontractors, consultants/subconsultants who perform work in connection with this
Agreement:
"The contractor shall indemnifY, defend, save and hold harmless the DEPARTMENT and all
of its officers, agents or employees from all suits, actions, claims, demands, liability of any
nature whatsoever arising out of, because of, or due to any negligent act or occurrence of
omission or commission of the contractor, its officers, agents or employees. Neither the
contractor, nor any of its officers, agents or employees will be liable under this section for
damages arising out of injury or damage to persons or property directly caused or resulting
from the sole negligence of the DEI'ARTMENT or any of its officers, agents or employees."
12. This Agreement shall continue in effect and be binding on the parties until the PROJECT is
completed, final costs are known and legislatively appropriated reimbursements, if approved, are
made by the DEPARTMENT.
! 3. This document incorporates and includes all prior negot13.tlons, correspondence,
conversations, agreements, or understandings applicable to the matters contained herein, and the
parties agree that there are no commitments, agreements or understandings concerning the subject
m:ltter ofthio ,^.groomont thot QJ'C not contained in lhi, d0;:UIl1;:nt. AccorJini;lf, it j, aglccJ llJdL
no deviation from the terms hereof shall be predicated upon an)' priorrepresentation or agreements
whether oral or written. It is further agreed that no modification, amendment or alteration in the
terms or conditions contained herein shall be effective unless contained in a written document
executed with the same formality and of equal dignity herewith.
NoAj~~ IT~'
NOV. 1 8 2003
r<g
- ----
6
Pg.
.lIgenda Item No. 1683
November 13. 2007
Page 16 of 16
IN WITNESS WHEREOF the COUNTY has caused this Agreement to be executed in its
behalf this _ day of ,2003, by the Chairperson of the County Commission,
authorized to enter into and execute ~ame by Resolution Number of the Board on the
day of ,2003, and the DEPARTMENT has executed this Agreement through its
District Secretary for District One, Florida Department of Transportation, this _ day of
,2003.
COlJNTY COMMISSION
COLLIER COUNTY, FLORIDA
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
By:
CHAIRPERSON
DISTRICT SECRETARY
ATTEST:
ATTEST:
By:
(Seal)
By: (Seal)
EXECUTIVE SECRETARY
CLEFX
Legal Revrw:
li:l /1
" ii,
!I / .
By: i+f:.t ~
~,'.} CO't~TTORNEY
Legal Review:
By:
DISTRICT LEGAL COUNSEL
NO~'(g~TE~
NOV I B 2003
P9.~
7
Agenda Item No. 1684
November 13, 2007
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation to approve release of 50% of retainage in exchange for dismissal with
prejudice of the claim for retainage plus accrued interest and costs filed in the lawsuit
entitled John Carlo, Inc., vs. Collier County, Florida, Case No. 07-2797-CA.
OBJECTIVE: The Board of County Commissioners approve the release of retainage in the
amount of $1 ,060,06 1.77, which is fifty percent (50%) of the retainage currently held pursuant
to the contract for the 6-laning of Immokalee Road in Project No. 66042. The contract is
between John Carlo, Inc. (hereinafter "JCI") and Collier County (hereinafter "County"). Upon
release of the retainage, JCI will dismiss with prejudice the pending lawsuit against the County.
CONSIDERATIONS: On September 4, 2007, JCI served the County with a Complaint, for
declaratory relief pursuant to Section 86.011, Florida Statutes. for release of retainage plus
interest and costs on a County road project. This Executive Summary pertains to the
construction of the widening ofImmokalee Road into a six-lane highway from US-41 to 1-75
(Project No. 66042). In the lawsuit, JCI requested the County to release 50% of the retainage
plus accrued interest and costs. The County Attorney's Office is of the opinion that .TCI is not
entitled to any accrued interest or costs. However, the County has the discretion under the
contract, to release fifty percent (50%) of the retainage. The County is currently involved in
two (2) lawsuits filed by JCI related to the Immokalee Road widening. The other lawsuit is in
discovery and scheduled for arbitration. In a gesture of good faith, the County will agree,
consistent with the contractual language, to release fifty percent (50%) of the retainage with no
accrued interest or costs in this case. .TCI will dismiss this lawsuit against the County with
prejudice. The other lawsuit will remain pending.
The County also agrees to reduce, pursuant to the proVISIons of the contract regarding
retainage, the amount contractually withheld for retainage from ten percent (10%) to five (5%)
for each subsequent pay application it receives from JCI upon the approval of this agreement
by the Collier County Board of County Commissioners.
FISCAL IMPACT: Funds to pay the retainage in the amount of $ 1,060,061.77 have already
been set aside in a retainage account to pay the contractor. These funds are available in impact
fees and gas taxes under the retainage account.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this item.
RECOMMENDATION: That the Board of County Commissioners' approve the release of
$1,060,061.77 in retainage to JCI, which represents fifty percent (50%) of the retainage
currently held by the County in exchange for a dismissal with prejudice.
-
Prepared By: John R. Conti, Field Engineering Inspector, Transportation Engineering &
Construction Management
Item Number:
Item Summary:
Meeting Date:
Page lof2
Agenda Ilem No 16B4
November 13. 2007
Page 2 of3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1584
Recommendation to approve f618ase 01 50%, of retainage in exchange lor dismissal with
preJud,ceo1 the clairn for relainage plus accrued interf?,SI and costs filed inthe lawsuitelllitled
John Carlo, Inc, VS. Callier County Florida, Cflse No 07.2787.CA
11/13120079 00,00 I\M
Field Engineering Inspector
Date
Prepared By
John R. Conti
Tr:lnsport.1tionServices
Transportation Enginearing and
Construction
10/23/200712:01:Z2PM
Approved By
TransportntionDivisionAdministrator
Date
Norm E. Feder, AICP
Transportation Services
Transportation Services Admin.
1012JIZ0071:27PM
Lisahylor
ManagemcntlBudgetAnalyst
D'"
Approved By
Transportation Services
Transportation Administration
101231Z0072A3PM
Steve Ritter
Date
Approved By
Transportation Services
Field Engineering Inspector
Tr~nsp"rtatlonEngmeeringl\nd
Construct~on
10123120073:44 PM
Director
Date
Appro\'ed By
NajehAhmad
Transportation Services
Transport,ation Engineeflflg&
Construction Mana(1emenl
10:241200711,15AM
Rhonda Rembert
ContractSncc:alist
Date
Approved By
Adl1l1nlstrativcSerJices
Purchasing
1Q/26/20Q78:ISIIM
Appro\'edBy
S\lweCarnell
Admin,strativeServlces
P\lrcllasinglGeneral Svcs Director
Date
Purchaslng
1012S/20078:22AM
DavidC. WeIgel
County Atlorncy
Dale
Approved By
County Attorney
County Al10rney Office
10!30/20078:18AM
Approved By
Sharon Newman
Tran1>portationServ,ces
AccountingSuperv,sor
Date
Transportation Services Admin
10130!2007949AM
JacquelineW.Hubbard
AssistantCount,'Attorney
Date
Approved By
County Attorney
County Attorney Offlee
10/311200712:30PM
Approved Uy
Pat Lehnhard
Transportation Services
El\ecutiv~ Secret~ry
DJt!!
TransportationSer'Jicesflornin
10/31120071,41 PM
Approved By
Applicati"nsAnalyst
Date
OMS Coordinator
Administrative Services
Information Technology
111112Q0711:08AM
Senior Management/Budget A..<\lyst
Date
Approved By
Susan Usher
County Manager"s Office
Office of Management & Budget
1112!20Q11Z,23PM
Michnal Smykowski
Management & Budget Director
Date
Approved By
County Manager's Office
Office of Management & Budget
1112!200712:45PM
Approved By
JamesV.Mudd
Board of County
County Manager
Date
filp.!lr.\ Aopnrl"T""t\J:Y'n"rtIQ')_l\T"""mhprO/,..')(ll1. 0/,..')11')007\ 1f.. O/~')(),'n)l..l~p1\.T1"O/"'')nAr.J:;1\.J
llf7nn07
Page2of2
Agenda l1em No. 1bB4
November .13, ~209?
Page J OJ 3
Commissioners
County Manager's Office
1116120076:57 PM
fllp.flr.\ ^ "p.,,~.,T,,<,t\ r-v...."rl\Q'l_1>.T"',,,,,..,hprO,~'l(\l1. o/-'l(\,(\{)j\ 1 h o/~ ,f'lrn"hT>;:r-"hTTll/" 'If'lA r.r-1>.T
l1n,l'l(\(\'7
Agenda Item No. 1665
November 13, 2007
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to award Bid No. 08-5000, "Victoria Park West Stormwater Outfall
Improvements" to Mitchell & Stark Coustruction Co. Inc. in the amount of $427,310.00; Project
511371
OBJECTIVE: To receive Board approval to award a contract to proceed with the Victoria Park West
Stormwater Outfall Improvements, as per plans and specifications, in the amount of$427,31 0.00 to the
lowest, qualified and responsive bidder, Mitchell & Stark Construction Co. Inc.
CONSIDERATIONS: The bid was advertised on September 18, 2007 and two hundred and thirty
two (232) notices were sent to potential bidders. On October 18, 2007, eleven (II) bids were received
and reviewed by the Stormwater Management Department in conjunction with the Purchasing
Department. Of the bids submitted, four (4) were deemed non-responsive. Responsive bids were
received from the following firms: D. N. Higgins, Gibbs & Register, Soares de Costa, Haskins,
Mitchell and Stark, Astaldi and Quality Enterprises. The project is located on the Victoria Park West
Subdivision, in Section 26, Township 48 South, Range 25 East, in Collier County, Florida.
The current canal configuration of this stonnwater outfall, which is part of the secondary system,
includes no means to access the facility to perform regular maintenance. Current maintenance occurs
manually by walking adjacent to the canal operating string trimmers and treating vegetation with
backpack sprayers. This type of maintenance is very labor intensive and cannot be completed easily
and on a regular basis.
The County has received numerous negative complaints from adjacent residents as to the appearance
of the facility, as well as to the County's inability to maintain the canal at a higher level of service. The
canal right of way is currently constrained. There are no feasible options available for expansion of the
facility in order to provide access for improved maintenance.
At the request of the Road Maintenance Department and the affected homeowners, this canal enclosure
project was classified as a high priority Stonnwater Improvement project several years ago.
This Stormwater improvement project will consist of replacing the existing canal drainage system,
located on the south side of the western half of the Victoria Park West subdivision, with a cleaner and
more efficient underground pipe system. The appearance above ground will be that of a sodded, dry,
swale area easily maintained by mowing. It is expected that upon project completion, the drainage
conveyance system will be greatly improved by allowing the stOlIDwater to more freely discharge
towards the west. This new system will reduce maintenance cost and effort significantly, resulting in
an annual estimated cost savings of $18,000.
Staff has reviewed the bids and recommends awarding to Mitchell & Stark Construction Co. Inc. as the
lowest, qualified and responsive bidder.
FISCAL IMPACT: Funding in the amount of $427,310.00 is available in Fund (325) Victoria Park
- West Stormwater Outfall Improvements (511371) in FY 08.
Agenda Item No. 1665
November 13, 2007
Page 2 of 5
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with
this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners award Bid No. 08-5000,
"Victoria Park West Stormwater Outfall Improvements" to Mitchell & Stark Construction Co. Inc.,
and authorize the Board Chairman to execute the standard, County Attorney 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 Summary:
Meeting Date:
Page] of 1
Agenda Item No 1685
November 13. 2U07
P2ge3of5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1685
F,ecommenJalion to award Bid No 08-5000, Vlctona Par~, West S.ormwater Outfall
ImoroV8mellts 10 Mitchell & Stark Construction Co Inc, In the amount at $427,31000, PrOject
51U?1
11/13/2007900:00r,M
Date
Prepared By
Gianfram;oNicolaci
Transportation ServiCf;)(;
Project Manager
StormwaterManagement
10/25/200710:34,12AM
Brenda Brilhart
Date
Approved By
AdrninistraliveServices
Purchasing Agent
Purchasing
10/29120073:26 PM
Approved By
Mike Hauer
AdministrlltilfeServices
Acquisition MlIl1<lger
Dille
Purchasing
10/29120073:35 PM
Date
Approved By
EugeneCatvcrt
Trao$portations Services
Principal ProjectMllnager
Transportation Engmeering and
Construr-tion Management
10l29/20073:38PM
Steve Carnell
D~te
Approved By
AdministrativaServices
Purrh"sin9lGenerGlI Svcs Director
PurChaSH1\J
101301200710:J4AM
Approved By
Sh3rOtl ~J..wman
Tran~portation Services
AccounlinpSupervisor
[Jllle
TranSl'ortiltion Servic",s Admin
10130120073:47PM
Onte
Approved By
Carolin'" SO\()
Transportationservir-es
Administrl1hveAsslstllnt
TransportMIOll t'ngineering and
Constructi,)n
10l31/100710:08AM
Date
Approved By
Gerald Kurtl
Transportalionservices
S"'OIorEngineer
StormwaterManagement
10131/200712:46 PM
Transportation Divi",ionAdministrator
Date
Approved By
Norm E. Feder. AICP
Transportation Services
Tran5portiltionServicosl\dmin.
1111120077:18AM
Date
Approved By
Pat Lehnhard
TransportationServlces
Executive Secretary
TransportationSer'JICe$Admin
1111120079:33AM
Applications Analyst
Date
Approved By
OMBCoordinator
AdministraliveServices
Intormatio"Tecllnology
1111120071114 AM
Susan Usher
O~te
Approved By
County Manager's Office
Senior Man~gementl8udget Analyst
Office of Management & Budget
11/:2120075:34PM
Approved By
Michael Srnykowski
County Manager's Offic,,"
Managements. Budget Director
Date
Office of Manageln<lnt &. Budget
1115i2DD7B:14AM
Date
Approved By
JamesV.Mudd
Board of County
Commissioners
County Manager
County Manager's Office
11110/20074:51 PM
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EXECUTIVE SUMMARY
Agenda Item No. 1686
November 13, 2007
Page 1 of 6
Recommendation to approve a design modification to the interchange of 1-75 and
Immokalee Road.
OBJECTIVE: To obtain Board of County Commissioners' (BCC) approval for a design
modification at the interchange of 1-75 and Immokalee Road, which will allow for an
eight lane diamond interchange in lieu of a six lane modified diamond with a loop ramp
at the southeast corner,
~
CONSIDERATIONS: Improvements to the interchange of 1-75 and Immokalee Road
were contemplated by Collier County in 2004 to include the addition of a loop ramp for
eastbound traffic on Immokalee Road to enter northbound 1-75 without a re-build of the
existing bridge over Immokalee Road, The County proposed project was accepted as an
interim solution to the interchange. The acceleration of the 1-75 widening project and
transformation into design-build-finance model required the interchange to be included
into the 1-75 project and to be reevaluated. The interchange reevaluation showed that the
inclusion of a loop ramp without rebuilding the existing blidge structure would cause
operational conflicts in the design review year of 2024. The westbound single left turn
lane on Immokalee road to 1-75 south would begin to fail with the increased volume. The
east bound loop approach showed conflict due to the forced channelization caused by the
existing bridge structural supports. The relocation of the 1-75 off ramps east brought the
off ramp signalization on Immokalee Road closer to the NorthbrookelTarpon
intersection.
The conflicts become increasingly problematic as traffic volumes increase. The original
loop proposal was only suppose to serve as an interim improvement; and, therefore, did
not consider volumes past 2024 or replacement of the bridge structure, The loop would
be compatible with a bridge replacement in the six lane condition ofI-75, but not with the
possible ten lane widening.
Collier County and FDOT worked diligently together to consider all options so that the
County would benefit in the early design years from the improvement that the loop ramp
would offer but would also allow for a compatible and final interchange project that
would be a long term solution. The County proposed an eight lane section under the
bridge which would be ultimately better than all prior proposals and would offer both
short term and long term benefits to the operation ofI-75 and Immokalee Road. FDOT
has incorporated the County's request into the design build project with the
understanding that on the opening day, we would have a complete eight lane section
under the bridge and four full westbound lanes from the NorthbrookelTarpon intersection
to the Strand/Juliet intersection. The County would take on the responsibility to complete
the east bound four lane sections on the outside of the 1-75 right-of-way limits since
FDOT does not have the ability to acquire the right-of-way and still include the
interchange into the 1-75 widening project. No additional financing will be required by
the County and FDOT will restructure the design build contract to add any additional
time necessary to expand the interchange,
Agenda Item No. 1666
November 13, 2007
Page 2 of 6
FISCAL IMPACT: The County will not incur any additional expenses in this design
change.
GROWTH MANAGEMENT: This interchange and design change is consistent with
the goals and objectives of the Collier County MPO 2030 Long Range Transportation
Plan, (incorporated into the Collier County Growth Management Plan) and the
Transportation Element of the GMP.
RECOMMENDA nON: That the Board of County Commissioners approves the design
change and endorses the eight lane diamond interchange at 1-75 and Immokalee Road,
Prepared by: Nick Casalanguida, Planning Director, Transportation Services Division
Attachments: I) Six lane loop concept 2) Eight lane diamond concept "Partial" 3) Eight
lane diamond concept "Full"
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1686
Page 1 of 1
Agenda Item No. 1636
November 13, 2007
Page 3 ofB
11/13/2007900.00.A.M
Recommendation to approve a design modification to the intercnange of 1-75 ano ImmOKalee
Road
Date
Approved By
Nick Casalanguida
Transportation Services
MPODirectof
TransportationPlllnning
1111120073:43PM
Date
Approved By
Sharon Newman
Transportation Services
Accounting Supervisor
Transportation Services Admin
11/1120074:11 PM
Approved By
Date
Norm E. Feder, AICP
Transportation Services
Transportation Division Administrator
Trllnsportation Services Admin
1111120074:20 PM
Date
Approved By
Pat Lehnhllrd
TransportlltionServices
Executive Secretary
Transportation Services Admin
111112007<::22 PM
OMS Coordinator
Daie
Approved By
AoministrativpServices
Applications Analyst
intormationTechnology
1111120074:31 PM
Approved By
Mark Isackson
Count,. ManilQer's Office
B\ldqe! Analyst
Office of ManJgeml'nt & Budget
Date
11.'1120075.28 PM
Date
Appruved By
Michae! SmykDw~ki
County Manager's Office
Management & 8udget Dlmetor
Office of Managem<ent & Budget
1112/2007 B:39AM
D2te
Approved By
JllmesV, Mudd
Board ofCounly
Commissionel"$
County Manager
County M~nager'5 Office
111212007 9A5 AM
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Agenda Item No. 1686
November 13, 2007
Page 5 of 6
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Agenda Item No. 1687
November 13, 2007
Page 1 of 53
EXECUTIVE SUMMARY
~
Recommendation to adopt two (2) separate Resolutions (one for the Florida Department of
Transportation and one memorializing an understanding with Fiddler's Creek Community
Development District #1) approving submittal of a Highway Beautification Grant to the State of
Florida Highway Beautification Council for landscaping on 951 (Manatee Road to Mainsail Drive)
in unincorporated Collier County, to accept the grant if awarded and to memorialize future
landscaping maintenance responsibilities if the grant is awarded.
OBJECTIVE: To obtain approval to adopt Resolutions and approve submittal of a Highway
Beautification Grant to the State of Florida Highway Beautification COWlcil for landscaping on 951
(Manatee Road to Mainsail Drive) in unincorporated Collier County, to accept the grant if awarded and
to memorialize future conditions as to maintenance responsibilities if the grant is awarded.
CONSIDERATIONS: Fiddler's Creek Community Development District #1 is seeking Beautification
Council Grant funding for the landscaping of a portion of SR 951. The unimproved length of the project
is 2.21 miles and the anticipated project budget is $766,000.The maximum amount of the grant is
$300,000. If awarded, $300,000.00 in matching grant funds, plus and additional $166,000.00 to meet the
anticipated project match, will be provided by the Fiddler's Creek Community Development District #1
and/or a separately created Municipal Services Benefit Unit (MSBU) or other similarly situated entity.
~
Although funding is not available this year, the Beautification Grant COWlcil will be ranking applicants
this year for the time when funding becomes available in the future. In the event that the grant is
awarded, the COWlty, as a condition of the grant, would enter into a landscape maintenance agreement
with FDOT to maintain the subject medians. However, the cost of maintaining those medians will be
the responsibility of Fiddler's Creek Community Development District #1 and or through the creation of
a MWlicipal Services Benefit Unit (MSBU) or some other special district that is anticipated to
encompass adjacent commWlities including the property owners within the Fiddler's Creek Community
Development District #1, but not by Collier County, The assignment of future maintenance
responsibilities will be addressed contractually between the Fiddler's Creek Community Development
District #1, and/or a separately created MWlicipal Services Benefit Unit (MSBU) or some other similarly
situated entity, which will be brought before the Board if the grant is awarded.
At the Fiddler's Creek Community Development District #1 Board's October 24,2007, meeting it voted
Wlanimously to proceed with the grant application.
FDOT requires that the agency submitting or authorizing the submission of the grant application to pass
a Resolution, as a prerequisite, memorializing its approval to pursue the grant funding and to follow
through with the project for which fWlding is sought. Because it is not Collier County's intent to be
fmancially responsible for the cost of future maintenance should the grant be awarded, a separate
resolution is attached memorializing Fiddler's Creek Community Development District #1
representation that should the grant be awarded that it, and/or a separately created Municipal Services
Benefit Unit (MSBU) or some other similarly situated entity will enter into an agreement with the
COWlty to assume the cost of future maintenance.
FISCAL IMPACT: There is no fiscal impact or financial cost to Collier County as a result of the
application for this grant. If awarded, the $300,000.00 in matching grant funds, plus an additional
$166,000.00 to meet the anticipated project match, will be provided by the Fiddler's Creek Community
Development District #1 and/or a separately created MWlicipal Services Benefit Unit (MSBU) or other
similarly situated entity. Future maintenance costs, should the grant be awarded, will be the
Agenda Item No. 16B7
November 13. 2007
Page 2 of 53
responsibility of Fiddler's Creek Community Development District #1 and/or a separately created
Municipal Services Benefit Unit (MSBU) or other similarly situated entity as memorialized by an
agreement between such entity and Collier County subject to the Board of County Commissioner's
approval.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this
Executive Summary.
RECOMMENDA nON: That the Board of County Commissioners pass Resolutions authorizing
Fiddler's Creek Community Development District #1 to apply for a Highway Beautification Grant for
landscaping on 951 from Manatee Road to Mainsail Drive, to accept the grant if awarded and to
memorialize future conditions as to maintenance responsibilities if the grant is awarded, and authorize
the Chairman to sign the Resolutions and grant applications, if necessary.
Prepared Bv: Pamela], Lulich, Landscape Operations Manager, Alternative Transportation Modes
Attachment: Resolution
Item Number:
Item Summary:
Meeting Date:
Page] of 1
Agenda Item No, 16B7
Novemr)er 13, 2007
FJage 3 of 53
COLLIER COUNTY
BOARD Of COUNTY COMMISSIONERS
1687
Recommendation to adopt a Resolution and approve submittal of a Highway Beautification
Grant to the State of Florida Highway Beautification Council for landscaping on 951 (Manatee
Road to Mainsail Drive} In unincorporated Collier COllnty
11/13/2007900:00 AM
Project Manager
Dale
Prepared By
Pllmoja J. Lulich
Transportation Services
Alternative Transportation Modes
10/10f20075:09:42PM
Date
Approved By
Norm E. Feder, AICP
Transportation Services
Transportation Division Administrator
lransportationServicesAdmin.
10111120078:46AM
Date
AppruvedBy
Gloria Herrera
Transportation Services
ManagemenUBudget Analyst
Storm water Management
101111200710:05AM
Diane B. Flagg
Date
Approved By
Transportation Services
DirectorATM Director
Alternative Tr~nsportation Mode~
10111/200711:54AM
Approved By
Sharon Newman
Transportation Services
Accounting Supervisor
Dale
Trflnsportation SerVices Admin
10'/11120072::29 PM
Pat Lehnhard
Date
Approved By
Transportation Services
Executive Secretary
lransportlJtionServicesr,dmin
10/12120QTS:09JIM
Approved By
Marlene J. Foord
AcimlnistrativeServices
Grants CODrdinator
Date
Administrative Services Admin
11!~12007 11:03 AM
Dale
Approved By
OMS Coordinator
Administrative Services
Applications Analyst
Information Technology
11151200711:14AM
Marklsaekson
Budget Analyst
Date
Approved By
County Manager's Office
Offiee of Management & Budget
11/5120073:35 PM
Approved By
MiChael Smykowski
County Manager's Office
Management & Budget Director
Dllte
Office of Management & Budget
1115120074:02 PM
ScollR.Teach
Date
Approved By
CountyAllomey
Assistant County Attom"y
County Attorney Office
1116120072:08 PM
Approved By
JamesV. Mudd
8oardofCounty
Commissioners
County Manager
Date
County Mimager'sOfhce
1116120077:08 PM
filp./fl"\!J. (Jpn.--l",Tp"f\ J:;vn"r1\Q'"I.1\l","'mhprO/A '"In 1 1. o/_,n'"l()()7\ 1 f.. o/^'"I()l'n1\'<;::J:;1\JT1l/^'"II)!J. n1=<l\..T
11l7nnr\7
Agenda Item No. 1687
November 13, 2007
Page 4 ot 53
RESOLUTION NO. 2007-
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA, APPROVING AND AUTHORIZING THE APPLICATION FOR
A HIGHWAY BEAUTIFICATION GRANT, AND, IF AWARDED, TO ACCEPT THE
AWARD AND ENTER INTO A HIGHWAY BEAUTIFICATION COUNCIL GRANT,
LANDSCAPE CONSTRUCTION, AND MAINTENANCE MEMORANDUM OF
AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION
(FDOT), FOR A PORTION OF SR 951 FROM MANATEE ROAD TO MAINSAIL
DRIVE AS REQUIRED BY FDOT,
Whereas, many roadside areas and median strips within Department of
Transportation rights of way must be maintained and attractively landscaped; and
Whereas, The Board of County Commissioners, Collier County, Florida, seeks to
beautify and improve various rights of way by landscaping within the Unincorporated
Collier County; and
Whereas, the Board of County Commissioners, Collier County, Florida wishes to
authorize The Fiddler's Creek Community Development District #1 to apply for a
Highway Beautification Council Grant from the Florida Department of Transportation
and, if awarded, for the Board to accept the award and enter into a Highway
Beautification Grant, Landscape Construction, and Maintenance Memorandum of
Agreement between The Board of County Commissioners, Collier County, Florida and
The Florida Department of Transportation; and
Whereas, as a condition and prerequisite to applying for the Highway
Beautification Council Grant from the Florida Department of Transportation the agency
seeking and/or sponsoring such request for funds must pass a resolution memorializing
same.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners Collier County, Florida, that:
Section 1. The Board of County Commissioners of Collier County, Florida
hereby authorize Fiddler's Creek Community Development District #1 to apply for a
Highway Beautification Council Grant from the Florida Department of Transportation,
and if awarded, the Board will accept the grant and enter into a Highway Beautification
Grant, Landscape Construction, and Maintenance Memorandum of Agreement between
the Board of County Commissioners, Collier County, Florida and the Florida Department
of Transportation,
Section 2. The Clerk for Collier County, Florida is hereby directed to send
copies of this Resolution to the Department of Transportation and all other persons as
directed by the Board of County Commissioners, Collier County, Florida.
Agenda Item No. 1687
November 13, 2007
Page 5 of 53
Section 3. The Board of County Commissioners hereby authorizes its
Chairman to execute this Resolution and the grant application, if necessary, on its behalf.
THIS RESOLUTION ADOPTED after motion, second, and majority vote
favoring same, this 13th day of November, 2007,
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
, Deputy Clerk
By:
JAMES COLETTA, Chairman
By:
Approved as to form and legal sufficiency:
Scott R. Teach,
Managing Assistant County Attorney
Agenda Item No. 16B7
November 13. 2007
Page 6 of 53
RESOLUTION NO. 2007-
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA, APPROVING AND AUTHORIZING FIDDLER'S CREEK
COMMUNITY DEVELOPMENT DISTRlCT #I'S APPLICATION FOR A HIGHWAY
BEAUTIFICATION GRANT AND, IF AWARDED, TO APPROVE AND ACCEPT
THE AWARD AND ENTER INTO A LANDSCAPE CONSTRUCTION, AND
MAINTENANCE MEMORANDUM OF AGREEMENT WITH FIDDLER'S CREEK
COMMUNITY DEVELOPMENT DISTRICT #1, A SEPARATELY CREATED
MUNICIPAL SERVICES BENEFIT UNIT ("MSBU") OR A SIMILARL Y SITUATED
ENTITY TO MAINTAIN THAT PORTION OF SR 951 FROM MANATEE ROAD TO
MAINSAIL DRIVE.
Whereas, many roadside areas and median strips within Department of
Transportation rights of way must be maintained and attractively landscaped; and
Whereas, The Board of County Commissioners, Collier County, Florida, seeks to
beautify and improve various rights of way by landscaping within the Unincorporated
Collier County; and
Whereas, the Board of County Conmlissioners, Collier County, Florida wishes to
authorize The Fiddler's Creek Community Development District #1 to apply for a
Highway Beautification Council Grant from the Florida Department of Transportation
and, if awarded, to accept the award and to enter into a Landscape Construction and
Maintenance Memorandum of Agreement with Fiddler's Creek ConmlUnity
Development District #1, a separately created municipal services benefit unit ("MSBU")
or a similarly situated entity to maintain that portion of SR 951 from Manatee Road to
Mainsail Drive; and
Whereas, the maximum amount of the grant is $300,000,00 and the anticipated
project budget is $766,000. If awarded, $300,000.00 in matching grant funds, plus an
additional $ I 66,000.00 to meet the anticipated project match, will be provided by the
Fiddler's Creek Community Development District #1, a separately created Municipal
Services Benefit Unit ("MSBU") or a similarly situated entity; and
Whereas, if the grant is awarded, future maintenance shall be the responsibility of
Fiddler's Creek Community Development District #1, a separately created MSBU or a
similarly situated entity through an agreement such entity would enter into with Collier
County to maintain the relevant median ships.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners Collier County, Florida, that:
Section 1. The Board of County Commissioners of Collier County, Florida
hereby authorize Fiddler's Creek Community Development District #1 to apply for a
Highway Beautification Council Grant from the Florida Department of Transportation,
Agenda Item No. 1687
November 13, 2007
Page 7 of 53
and if awarded, the Board will accept the grant and enter into a Landscape Construction,
and Maintenance Memorandwn of Agreement between the Board of County
Commissioners, Collier County, Florida and Fiddler's Creek Community Development
District #1, a separately created MSBU or a similarly situated entity to maintain the
relevant median strips.
Section 2. In the event this grant in the amount of $300,000.00 is awarded,
the Fiddler's Creek Community Development District #1 or a separately created
Municipal Services Benefit Unit ("MSBU") or a similarly situated entity will provide the
remaining funding required to complete the project in the amount of $466,000,000; which
includes $300,000.00 in matching grant funds, as well as, additional funding required to
satisfy the anticipated project cost.
Section 3, In the event the grant in that amount is awarded, future
maintenance shall be the responsibility of Fiddler's Creek Community Development
District #1, a separately created MSBU or a similarly situated entity through an
agreement such entity would enter into with Collier County to maintain the relevant
median strips.
Section 4. The Clerk for Collier County, Florida is hereby directed to send
copies of this Resolution to all persons as directed by the Board of County
Commissioners, Collier County, Florida.
THIS RESOLUTION ADOPTED after motion, second, and majority vote
favoring same, this 13th day of November, 2007.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
, Deputy Clerk
By:
JAMES COLETTA, Chairman
By:
Approved as to form and legal sufficiency:
Scott R, Teach,
Managing Assistant County Attorney
item No. .1 C,B7
t~o\'ernber 13_ 2007
Page 8 of 53
FLORIDA HIGHWAY BEADllJtlCATION
GRANT APPliCATION
STATE ROAD #951 fCOT.T.11?1l BLVD) MEDIAN
IMPROVEMENT PROJECT
APPliCANT:
FIDDLER'S CREEK COMMUNITY DEVELOPMENT
DISTRICT #1
SUPPORTING DOCUMENTS
DOCUMENT SECTION
. GRANT APPIlCATION 1
. LOCATION MAP 2
. PHOTOGRAPHS OF EXISTING CONDmONS 3
. PROJECT NARRATIVE 4
. GRAPI-llC CONCEPTUAL PLAN 5
.. EVALUATION A1TRffiUTES 6
. PROPOSED lMPROVEMEJ'-,'TS 7
.. PROPOSED PlA.NT SPECIES 8
.. MAfu'TEN/,NCE SCHEDULE 9
. MEANS OF SUPPLYlNG SUPPLEMENTAL WATER 10
. PROJECT SCREDULE
. REOUIRED RESOLUTION
. LbllhRS OF SUPPORT
,L'..genda item j-Jo. 16B7
November 13. 2007
Page 9 of 53
11
12
13
item t\Jo. 'i 'jB7
10:: J(~;'nber 13. 2007
Page 10 of 53
~50-10
ENVIRONMENTAL MANAGEMENT
0'''''
PagEl 1 014
5T ATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
FLORIDA HIGHWAY BEAUTIFICATION COUNCIL
GRANT APPLICATION
General Instructions: Statutory requirements for the Florida Highway Beautification Council Grant Program are found in
Section 339.2405, Florida Statutes. Within Rule Chapter 1440, Florida Administrative Code, are sections dealing with the
grant application process, grant award process, and funding, construction, and maintenance of beautification projects,
These documents can be reviewed on Florida's Highway Beautification Programs webstte, http:/twww.dot.state.f1.us/emo.
Please complete all items in this application. All attached pages must be typed on 8 1/2 by 11 inch pages. Attached
sketches, photographs, conceptual plans, and maps must be on sheets no larger than 24 x 35 inches. Any document
larger than 8 1/2 x 11 inches must be folded. Rolled documents will not be forwarded to the Florida Highway
Beautification Council.
To be eligible for a grant, ten copies of the completed application fonn and supporting documents must be received by the
Grant Coordinator by the end of business on October 1. late or Incomplete applications will not be accepted. Please
maintain a file with at least one copy, with original signatures, of all documents. Questions should be directed to the Grant
Coordinator. A Directory of Grant Coordinato," Is posted on the program webstte.
APPLICANT INFORMATION:
Applicant Name: Fiddler's Creek Community Development District #1
Contact Name: Phillip E. Brougham
-~_._- -_..~.._..._--~~.__.-
Position or Title, Chairman
Address: 8587 Pepper Tree Way, Naples, Florida 3411~___
Phone #: @?lJ93-:?~~____....__
E-Mail Address:pbrougham@earlhllnk.net
Federal Employe; Identification (F.E,I.) Number of Applicant:
65-0699719
Partic;paling Organlzetion!s): Fiddler's Creek Foundation
This application is for B grant in which fiscal year?
0e.. 2004-(5) 200812009
PROJECT INFORMATION: Should be provided with the following supporting documents:
1. location map
2. photographs of existing conditions
3. one page written project narrative
4. wrttten or graphic conceptual plan (in accordance with Rule Chapter 1440 Part I)
5. one paragraph description of each evaluation attribute
6. photographs or sketches of examples of proposed improvements
7. list of proposed plant species (scientific and botanical names) and anticipated quantities
8. anticipated maintenance schedule
9. proposed means of providing supplemental water
10. project schedule
11. required resolutions
p,aenda item l\Jo. ~iuB7
~ l\lovember 13, 20G7
Page ~11 of 53
650-050-10
ENVIRONMENTAl MANAGEMENT
01""
Pagel 014
The foUowlng Infonnatlon is for use by the Council to score and rank the grant applications.
County: COLLIER CiIy: N/A
S.R. #: 951 Local Name: Collier Boulevard
Length of Project: 2.21 Miles
From: Mainsail Drive - 5.221
(Must indicate mileposts and visible landmarks, Le. inte",eetions)
To: Manatee Raod - 8.676
(Must indicate mileposts and visible landmarKs. i.e. intersections)
Summary of Eligible Grant Proiect Costs (to be paid for by 1I1e Grant):
Sprtnklernrrigation system (purchaselinstall)
Plant materials, fertilizer, soif amendments
Labor for Installation of 1I1e plantings
ESTIMATED TOTAL ELIGIBLE GRl\NT COSTS:
$
$
$
$
68,900.00
180,120.00
45,000.00
294 ,020.00
Water (trucked or Irrigation system)
Labor tor installation (include estimate of volunteer labor costs)
Summary of Aoolicant Matchinll Proiect Costs (Local Government Share, not including continuing maintenance):
Design fee (max 10% Total Project Cost) $ 50,000.00
Plant materials $ 182,846.00
$ 110,880.00
$ 78,254.00
$ 0.00
Establishment period costs (iabor etc.)
Other (identify) Cantaetar Bond and SITe Prep.
$
50,000.00
$
471,980.00
ESTIMATED TOTAL APPLICANT MATCHING COSTS..;
ESTIMATED TOTAL PROJECT COST:
$
766,000,00
ANNUAL MAINTENANCE: The following intonnatian is requested primarily for use by the applicant. The Florida
Highway Beautification Council will review 1I1e data and compare IT to 1I1e project conceptual plans in order to
recommend funding for tow maintenance projects.
SUMMARY OF APPLICANrs ANTlC1PATED1ANNUAL MAINTENANCE COSTS:
Water
Sprinlderlirrigatlon System
Landscaped Areas
Safety
ESTIMATED TOTAL ANNUAL MAINTENANCE COST:
$
$
$
$
$
30,000.00
5,000.00
30,000.00
12.000.00
77,000.00
.L.csm.ia [tern f'1:J. 1.:3B7
"!'~ov-2mber 13 2007
?age 12 of 53
65P-050.l0
ENVlRONMENTAl MANAGEMENT
OJ",
Pnge301A
APPLICANT ASSURANCES: The person preparing this Application should initial each of the following to indicate that
the Application is complete.
_ If Applicant is a local Highway Beautification Council, evidence of local government approval of this application is
attached, (Resolution #1)
~ The local governing body agrees to execute necessary agreements that will include the details of the
responsibilities of both the Department and the local government appropriate to this project If a grant is awarded.
(Resolutlon#2) SLJe.;;rE!or TO ~NMI6SIOA/ NEGrIN" .I::0a/~7
~ The Application is being transmitted to the District Highway Beautification Council Grant Coordinator having
jurisdiction over the stale highway on which the beauti1ication project is proposed.
~ All supporting documents are attached.
. ~ The project will meet all the Department of Transportation requirements for safety pursuant to Rule 14-40.003, as
related to the placement of plant matenals within the righl-of-way, line of sight obstructions, and sight distance.
c:fl! A The local governing body understands the attributes to be used by the Highway Beautificotion Council to
~ze all projects (listed in the last section of this form), and has addressed each attribute to the maximum extent
possible.
The undersigned, hereby certifies that all requirements of the grant program are understood, and that all
Informatlon provided with this grant applic:;tlon Is true and correct, and represents the desires of the loeal
government ~~re 1I)e project will ~> stalled.
Signature C-?~ViA0 ~ Dale /c;i;~k>7
Title: C:IIINR ELQPLf';.Ks cV!'..EEI.:" !$,I1Pf/JAJI;yVEiJE'LDPI1E}JT l2i~!er: ;(:/ __
/
END OF APPLICANT SECTION
Aaenda lIem No 16B7
- November 13', 2007
Page 13 of 53
650-050-10
fNV1RONMENTAL UANA.GEMENT
01104
PMOtl<iof4
This section to be completed by FOOT District Highway Beautification Council Grant Coordinator
Has this applicant been the recipient of previous grants from the Florida Highway Beautification Council?
Yes_ No_
Yes
If Yes, have previous grant projects been maintained according to terms of agreements?
No
Comments:
If Yes, the applicant is eligible to submit the grant application.
The Grant Coordinator verifies that the application was received from an eligible applicant on or before the
October 1 application deadline, and that the application meets all of the requirements of Rule 14-40.020,
Florida Administrative Code.
Signature of Grant Coordinator
Date
By November 1, the Grant Coordinator shall send to the State Transpor"ilition Landscape Architect, via
interoffice mail , eight copies of each application.
This section to be completed by each member of Florida Highway Beautification Council
Each of the attributes listed below can earn UP to Ten pDints.
The applicatiDn can earn up to 100 tDtal pDints.
Score
1-
2.
3.
4.
5.
6.
7.
B.
9,
10.
Attribute
Aesthetic value and imaginative concept
Level of local support and community involvement
Cost effectiveness
Feasibility of installation and maintenance
Contribution to improvement of environmental conditions, including litter prevention, erosion control,
visual screening, and noise abatement
Use of Florida native wildflowers, and diversity of other desirabie native, hybrid native, Dr
noninvasive plant species
Emphasis on low maintenance and water conservation
Use of recycled materials such as mulch, rtluse wattlr, or solid yard waste compost
Contribution to an area wide or regiDnal beauliiicatiDn plan
Value to the community
T etal Score
L\gewJa :t~m f\h. ~~ 587
~,j=,v~~mber 13. 2007
PaGe 1<1 Jf 53
STATE ROAD #951 (COT1IFR BLVD) MEDIAN IMPROvE1vfENT
PROJECT
PROJECI MAP
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STATE ROAD #951 (CQ[.T.TF.l!.JJLYPJ MEDIAN
IMPROVEMENT PROJECT
PROJECT MAP
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!\;OV'::;;;1i[}er 13. 20G7
Page 16 of 53
STATE ROAD #951 (COLLIER BL VD) MEDIAN
IMPROVEMENT PROJECT
PHOTOGRAPHS OF EXISTING CONDmONS
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Median of S.R.#951Iooking southbound from Chempionship Drive.
This picture depicts the stark view of the roadway with only roughly mowed grass as
landscaping. Notice the impression you get of a "raceway" or Interstate highway which
promotes excessive speeds.
Aaenda Item 1'0. 1687
~ November 13. 2007
Page '17 of 53
STATE ROAD #951 (COTITHR. BLVD) MEDIAN
IMPROVEMENT PROJECT
PHOTOGRAPHS OF EXISTING CONDmONS
Median of S.R. #951 looking northbound towards Manatee Rd from vicinity of Port
Au Prince Road.
This picture is typical of the median for 2.21 miles proceeding along "The Gateway to
Marco Island". Visitors and residents alike are presented with a view oflight poles and
road signs and infrequently mowed grass.
L\c2n~:a Ilem !'~'J. E;B7
. NoVeiTI~)er i 3. 2007
Page 18 of 53
STAlE ROAD #951 (CQT11FR BL VDi MEDIAN
IMPROVEMENT PROJECT
PHOTOGRAPHS OF EXISTING CONDIDONS
, ,
Median of S.R. #951 looking northbound from vicinity of Silver Lakes Blvd.
This picture shows a view of the cluttered median with signposts as the most dominant
feature visible in the roadway median
,l\qenda Item No. 16B7
- i',ovemberI3. 2007
STATE ROAD #951 (COl1IFR BL VDJ MEDIAN Page 19 of 53
IMPROVEMENT PROJECT
PROJECT NARRATIVE
The State Road #951 (Collier Blvd) Median Improvement Project is being
proposed by the Fiddler's Creek Community Development District #1 (COD), as
the sponsoring organization, to further implement the Collier County Landscape
Beautification Master Plan. The design complements the Collier County
Streetscape Master Plan design specifications for "Gateway" roads. State Road
#951 (Collier Blvd) has been designated a Gateway to Marco Island, Florida
Portions of this roadway median (1.31 miles) have been previously landscaped in
conjunction with development activities (Fiddler's Creek & Hammock Bay). The
City of Marco Island has received funding to landscape the median from the S.S.
Jolly bridge northboood from Marco Island to Hammock Bay. This project, if
approved, will complete the roadway median landscaping for the balance of 2.21
miles of unimproved median. There is 'wide community support to the project as
evidenced by the many letters of support received and provided in this
application.
The Median Improvement Project will provide many enhancements to the appearance
ofS.R. #951 as you travel south bound from U.S. #41 towards Marco Island.
Whereas the current roadway, with no landscaping is bleak, often presenting views of
overgrown grass, sign posts and litter, the planned improvements would present a
lush, tropical view that would welcome both residents and visitors traveling to the
beaches and resorts on the nearby Gulf of Mexico. A native plant palette would be
emphasized and would be an extension of the native vegetation foood in southwest
Florida. The planned median improvements would feature va..-ious shrubs, native
grasses and flowering plants as well as attractively designed turf and mulched a..-eas.
In accordance with standards established by Collier County and the Florida
Department of Transportation, trees of various species would be strategically placed
to enhance the view and act as ''traffic calming" aids to this busy roadVl'aY.
The goal of the proposed project is to have a continuous flow of homogeneous
landscaping in the median vvhich will please the eye and enCOUI'Rge additional
beautification projects by the adjacent property owners.
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- ~'DveiTIb8r i 3, 2007
Page 22 of 53
STATE ROAD #951 (C0/11F.R BL VD) MEDIAN IMPROVEMENT
PROJECT
Evaluation Attribute Paragraphs
1. Aesthetic value and imaginative concept: State Road #951 (Collier Blvd) is the
beginning of the primary access route to the City of Marco Island and the community of
Isles of Capri. This roadway traverses elements of both commercial and residential
development and bisects the pristine Rookery Bay National Estuary providing an appealing
backdrop of natural marshlands as they are interwoven with roadside uplands development.
The goal of this improvement project will be to replace the barren and unkempt medians as
they exist and provide not only a more inviting entry into the surrounding communities, but
also as a transitional element between the natural surrounding of the National Estuary and
those upland developments.
2. Level of local support and community involvement: the attached letters of support
from the City of Marco Island and other local communities attest to the need for
improvements to this very importa..'1t entry way. Utilities exist along the roadway for the
entire lenboth of the corridor and many of the developed property owners pfu-ticipated in the
initial right-of-way acquisitioning. Community leaders and surrounding property owners,
as well as local jUlisdictions ",ill be sought for additional funding that will match and
exceed the moneta')' request provided for in this application,
3. Cost effectiveness: Part of thc concept and purpose that was considered for this
application included the need to provide a continuity of what is naturally the best choice for
local landscaping materials. Transitionally foliage from that found in the marsh settings of
the Estuary to the periodic upland developed areas has been carefully planned to include
primarily native species. This provides even more benefits in regard to other mandatory
landscaping issues which include both maintenance and irrigation needs. Native species
are more tolerant of the climatic conditions in southwest Florida as well as the off and on
challenges ",-jth irrigation water, The proposed palette is designed to minimize future
resources for long term maintenance and flexibility in irrigation demand.
4. Feasibility of installation and maintenance: as noted previously, the design palette
chosen for installation within this project was selected while constantly considering the
long term maintenance needs for such planting areas. The design is both simple and safe
al1d will not negatively impact traffic in order to perform periodic maintenance. VI'here
applicable and appealing, ground covers needing minimal attention will be utilized over
grass installation which is more maintenance intensive.
5. Contribution to improvement of environmental conditions, including litter
prevention, erosion control, visual screening and noise abatement: the selection of
predominantly native species for improvements to the medians of this project with the clear
intent upon utilizing as much native material between the uplands and marshlands provides
for an environmental effective plan. High maintenance exotic species are not being
considered and the materials selected that add seasonal color are proven to adapt well in the
Agenda item No. '16B7
t,ovember 13. 2007
Page 23 of 53
,..~~"
environment proposed. The ground covers will retain and thus absorb storm water far
more effectively than the barren medians as they exist today. In addition, the shrubs and
canopy trees are positioned to provide benefits to visual improvement and noise reductions
as much as possible.
6. Use of Florida native wildflowers and diversity of other desirable native, hybrid
native, or noninvasive plant species: native plant materials are the predominant design
criteria for this project and various species will be used extensively as available. Included
within the proposed palette are colorful varieties of plant species that may occur within
canopy, shrub or under story applications.
7. Emphasis on low maintenance and water conservation: selection of plant materials for
use in this project is based on a number of factors, including their low maintenance
qualities such as little or no pruning, weeding or fertilizing required, The proposed plants
are also drought tolerant and resistant to cold weather.
8. Use of recycled materials such as mulch, reuse water, or solid yard waste compost:
Reuse water and recycled mulch ",1.11 be incorporated as they are available to meet design
needs.
9. Contribution to an area wide or regional beautification plan: Collier Boulevard (State
Road # 951) begins in Northern Collier County at State Road 846 (fmmokalee Road) and
continues for over 25 miles ending at the Southern tip of Marco Island. The area of this
specific project begins at the intersection of Collier Boulevard and Manatee Road, which is
south of US 41 and is the final section of Collier Boulevard as it passes the Isles of Capri
and enters tbe City of Marco Island. This project ",ill add completed landscape medians of
the 25-mile Collier Boulevard corridor that will eventually be landscaped from the northern
most point to the City of Marco entrance.
10. Value to the community: tlus project will involve improvements to benefit severallocaJ
communities and municipalities. Certainly the benefits to Collier County will enhance the
overall appearance of the corridor and the values of adjoining properties, thus increasing
the taxable ba~e utilized by all county residents. In addition, the project will significantly
improve roadway entries to the Isles of Capri community and the City of Marco Island.
Some of the current properties along this corridor are lacking the visual improvements that
finished and enhanced medians tllat will ultimately become a catalyst and incentive for a
greater "make-over" of all adjoining propenies and their appearances. Additionally, this
extension of Collier Boulevard is the required corridor for all visitors entering the City of
Marco Island from the 1-75 interchange. Completing this segment of corridor landscaping
will provide a more enjoyable travel experience for visitors and residents alike.
item ~Jo, 16BI'
~-"!o'Je:Tlh~r 13. 2007
P2,ge 24 o~ 53
STATE ROAD #951 (COT.TTRR. BLVD)MEDlAN
IMPROVEMENT PROJECT
PROPOSED IMPROVEMENTS
Vanom species of flowering plants will
be positioned in tbe medians to
h.ighlight shrubbery and native trees.
Medians will include areas of turf and mulch
designed to facilitate ease of mowing l!lld the
safety of tbe maintenance workers.
Aoenda Item [\10. 16B7
~. t"overnber 13, 2007
Page 25 of 53
STATE ROAD #951 (COLLIER BLVD) .MEDIAN
LMPROVEMENT PROJECT
PROPOSED IMPROVEMENTS
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Uncurbed medians would be planted witb
frangible trees, native grasses and flowering
plants to add color and variety
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S.R.951 (Collier Blvd) Median Improvements Typical
Date: 10-29-07
,b,genda item 1'00. 16B7
NOV"-'i).lb8r 2007
Plant [5ge of 53
TREES
Oty Sym Botanical Name Common Name Specification Native
"BS Bursera simaruba Gumbo Umbo Tree 14'08 x 6'spd, 3"cal Y
CE Conocarpus erectus 'Silver' Silver Buttonwood Tree S'x 7' multitrk, character y
CS Cassia surratensis Yellow Cassia Tree 10' Ht x 5' spd, 2~ cal N
COR Chrysophyllum oliviforme Satin Leaf 10' Ht x 5' spd, 2~ cal Y
COR Cordia sebestena Orange Geiger Tree 8' Ht )( 4' spd, 1.75" cal y
IA /lex attenuata East Palatka Holly 10' HI x 5' spd, 2" cal y
'QV Quercus virginiana Live Oak 14'08 x 6'spd, 3"cal y
PALMS
Qty Sym Botanical Name Common Name Specification Native
'RE Roystonia elata Florida Royal Palm 3(35'gw)3( t 4'gw) y
'SP Sabal palmetto Cabbage Palm 10'13'16' ct cut head. Staggered Hts y
TR Thrinax radiata Florida Thatch Palm g'08 ht y
SHRUBS
Oty Sym Botanical Name Common Name Specification Native
CHR Chrysobalanus icaco 'rt' Red Tip Coco plum 3 gallon 24" y
ace Coccoloba uyifera Seagrape 3 gallon 24" y
HAM Hamelia patens 'Compacta' Dwarf Fire Bush 3 gallon 24" Y
MUH Muhlenberg! capallariensls Muhly Grass 3 gallon 24" y
SPA Spartina bakeri Cord Grass 3 gallon 24" y
SER Serenoa repans 'Silver' Silver Saw Palmetto 7 gallon 24", plant 46" oc Y
SOP Sophora tomentosa Necklace Pod 3 gallon 24" y
VIO Viburnum obovatum Walter's Viburnum 3 gallon 24" Y
ZAM Zamia floridanum Coontie 3 gallon 24", full y
GROUNDCOVERS
Oty Sym Botanical Name Common Name Specification Native
ERN Emodea littoralis Golden Creeper 1 gallon 10", full Y
HEL Helianthus debilis Beach Sun flower 1 gallon. 12" full y
IPO !pomoea pes capri Beach L-1orning Glory 1 gallon 12'. Y
IVN !lex vom oane:. 'Shillings' lIex Shillings 3 gallon 12" Y
JUP Juniperus chinensis 'Parsonii' Parson's Juniper 3 galion 18" N
RAP Raphiolepis indica Indian Hawthorn 3 gallon 18" N
MISCELLANEOUS
Oty Sym Botanical Name Common Name Specification Notes
SF Irrigation 1 00% Head to head
SF Bahia Sod Paspa[um notatum
SF Mulch Pine Straw 3' Depth
.. Large trees and palms are only to be planted in curbed medians.
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~~ov'2rnDer ! 3. 2007
?age 34 JT 53
STATE ROAD #951 (COTIJFR BLVD) MEDIAN
IMPROVEMENT PROJECT
Proposed Means of Providing Supplemental Water
The median landscape materials to be utilized in this project will be irrigated through an
irrigation system that will be planned, installed and connected to existing Collier County
irrigation system, The system is centrally controlled and standardized. The County uses
a wireless Motorola system and communicates through the County's communication
towers and has been updated to an analog system.
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f\Jcvembel. 13. 2007
Page 36 of 53
FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRlCT #1
8587 Pepper Tree Way
Naples, Florida. 34114
October 24, 2007
Mr. Michael Schulte
District Landscape Architect
Florida Department of Transportation
801 North Broadway
Bartow, Florida 33830
Reference: Florida Highway Beautification Grant Application
Collier County Board of County Commissioner's Resolution
Applicant: Fiddler's Creek Community Development District #1
Dear Michael;
This letter is to confinn the granting of an extension for submission of the approved
Coliier County Commission Resolution approving our Beautificarion Grant application
until the Commission meets in session on November 13, 2007.
The specific language of the Resolution is currently being negotiated and is under review.
The Resolution "ill be forwarded to the Beautification Council once formally approved
by the Board of County Commissioners on November 13,2007.
We further understand that original signed copies of this letter will be included in our
Grant Application which will be forwarded to your attention prior to November 1, 2007.
Thank you for your assistance.
Cc: Mr. Jeff Caster /
State Landscape Architect
EXECUTIVE SUMMARY
,L>,qenda Item l\Jo. 16B7
- t~ovembBr 13, 2007
Page 37 of 53
Recommendation to adopt a Resolution and approve submittal of a Highway Beautification Grant
to the State of Florida Highway Beautification Council for landscaping on 951 (Manatee Road to
Mainsail Drive) in unincorporated Collier County.
OBJECTIVE: To obtain approval to adopt a Resolution and approve submittal of a Highway
Beautification Grant to the State of Florida Highway Beautification Council for landscaping on 951
(Manatee Road to Mainsail Drive) in unincorporated Collier County.
CONSIDERATIONS: Fiddler's Creek Community Development District #1 is seeking Beautification
Council Grant funding for the landscaping of a portion of SR 951. The unimproved length of the project
is 2.21 miles and the anticipated project budget is $766,000.The maximum amount of the grant is
$300,000. [fawarded, $300,000.00 in matching grant funds, plus an additional $166,000.00 to meet the
anticipated project match, will be provided by the Fiddler's Creek Community Development District #1
and/or a separately created Municipal Services Benefit Unit (MSBU) or other similarly situated entity.
Although funding is not available this year, the Beautification Grant Council will be ranking applicants
this year for the time when funding becomes available in the future. Maintenance of the landscaping will
be provided by the creation of a Municipal Services Benefit Unit (MSBU) or some other special district
that is anticipated to encompass adjacent communities including the property owners within the
Fiddler's Creek Community Development District # 1, but not by Collier County, The assignment of
future maintenance responsibilities will be addressed contractually between the Fiddler's Creek
Community Development District #1, and/or a separately created Municipal Services Benefit Unit
(MSBU) or some other similarly situated entity, which will be brought before the Board if the grant is
awarded. If the special district or a separately created Municipal Services Benefit Unit (MSBU) or other
similarly situated entity is not able to accept the maintenance, the grant will be returned to the state,
At the Fiddler's Creek Community Development District #1 Board's October 24,2007, meeting it voted
unanimously to proceed with the grant application.
FISCAL IMPACT: There is no fiscal impact or financial cost to Collier County as a result of the
application for this grant. [f awarded, the $300,000.00 in matching grant funds, plus an additional
$166,000.00 to meet the anticipated project match, will be provided by the Fiddler's Creek Community
Development District #1 and/or a separately created Municipal Services Benefit Unit (MSBU) or other
similarly situated entity. Future maintenance costs, should the grant be awarded, will be the
responsibility of Fiddler's Creek Community Development District #1 and/or a separately created
Municipal Services Benefit Unit (MSBU) or other similarly situated entity as memorialized by an
agreement between such entity and Collier County subject to the Board of County Commissioner's
approval.
GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact associated with this
Executive Summary.
RECOMMENDATION: That the Board of County Commissioners pass into a Resolution authorizing
Fiddler's Creek Community Development District #1 to apply for a Highway Beautification Grant for
landscaping on 951 from Manatee Road to Mainsail Drive and authorize the Chairman to sign the grant
application.
Prepared Bv: Pamela J. Lulich, Landscape Operations Manager, Alternative Transportation Modes
Attachment: Resolution
ll.Cjer1c:J2 Item f~o. ~16B7
- r~cvernb9r "! 3, 2007
Page 38 of 53
RESOLUTION NO. 2007-
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA, APPROVING AND AUTHORIZING THE APPLICATION FOR
A HIGHWAY BEAUTIFICATIO"i GRANT, AND, IF AWARDED, TO CONSIDER
APPROVAL AND ACCEPTANCE OF THE AWARD AND ENTERING INTO A
HIGHWA Y BEAUTIFICATION COUNCIL GRANT, LANDSCAPE
CONSTRUCTION, AND MAINTENANCE MEMORANDUM OF AGREEMENT
WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), FOR A
PORTION OF SR 951 FROM MANATEE ROAD TO MAINSAIL DRIVE.
Whereas, many roadside areas and median strips within Department of
TranspOltation rights of way must be maintained and attractively landscaped; and
Whereas, The Board of County Commissioners, Collier County, Florida, seeks to
beautify and improve various rights of way by landscaping within the Unincorporated
Collier County: and
Whereas, the Board of County Commissioners. Collier County, Florida wishes to
authorize The Fiddler's Creek Community Development District #1 to apply for a
Highway Beautification Council Grant from the Florida DepaItmcnt of TranspOltation
and, if awarded, to consider acceptance of the award and entering into a Highway
Beautification Grant, Landscape Construction, and Maintenance Memorandum of
Agreement between The Board of County Commissioners. Collier County, F]orida and
The Florida Department of TranspOltation; and
Whereas, the maximum amount of the grant is $300,000,00 and the anticipated
project budget is $766,000. If awarded, $300,000.00 in matching grant funds, plus an
additional $]66,000.00 to meet the anticipated project match, will be provided by the
Fiddler's Creek Community Development District #1, a separately created Municipa]
Services Benefit Unit ("MSBU") or a similarly situated entity: and
Whereas. if the grant is awarded, future maintenance shall be the responsibility of
Fiddler's Creek Community Development District #1. a separately created MSBU or a
similarly situated entity through an agreement such entity would enter into with Collier
County to maintain the relevant median strips,
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners Collier County, Florida, that:
Section]. The Board of County Commissioners of Collier County, Florida
hereby authorizes Fiddler's Creek Community Development District #] to apply for a
Highway Beautification Council Grant from the F]orida Department of Transportation,
and if awarded, the Board will consider taking action to accept the grant and enter into a
Highway Beautification Grant, Landscape Construction, and Maintenance Memorandum
of Agreement between the Board of County Commissioners, Collier County, Florida.
Aqenda Item ~"o. 1667
~ hiovember 13. 2007
Page 39 of 53
Section 2. In the event this grant in the amount of $300,000.00 is awarded,
the Fiddler's Creek Community Development District #1 or a separately created
Municipal Services BeneJit Unit ("MSBU") or a similarly situated entity will provide the
remaining funding required to complete the project in the amount 01'$466,000.000; which
includes $300,000.00 in matching grant funds, as well as, additional funding required to
satisfy the anticipated project cost.
Section 3. In the event this grant in the amount is awarded, future
maintenance shall be the responsibility of Fiddler's Creek Community Development
District #1, a separately created MSBU or a similarly situated designee through an
agreement such entity would enter into with Collier County to maintain the relevant
median strips.
Section 4. The Clerk for Collier County, Florida is hereby directed to send
copies of this Resolution to the Department of Transportation and all other persons as
directed by the Board of County Commissioners, Collier County, Florida.
THIS RESOLUTION ADOPTED after motion, second, and majority vote
favoring same, this 13'h day of November, 2007,
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
, Deputy Clerk
By:
JAMES COLETTA, Chairman
By:
Approved as to form and legal sufficiency:
Scott R. Teach,
Managing Assistant County Attorney
A:]enda i~ei1l j\jo -J 55?
"Ncv8mber 13.. 2007
Pl3oad' o/1W~ Yf~ Yf~4-
3301 East Tamlami Trail. Naples, Rorlda 34112 - 49n
(239) 774-llO97' FllX (239) 774-3602
'(lj'
Donna Fiala
DI8Irict 1
Frank Halas
DlslOOt 2
Tom Henning
DistrictS
Fred W. Coyle
District 4
JtmCoIette.
DistrictS
October 3, 2007
Mr. Ron Albeit
General Manager
Fiddler's Creek FOWldation
3470 Club Center Drive
Naples, FL 34114
Subject: 951 Median Landscaping Project
Dear Mr. Albeit:
..
I wish to O~1IlY full support of this beautification project for our medians along 951 from
Manatee)w'ad to Mainsail Drive,
I am a strong believer in making every effort to enhance our medians with first class landscape
which not only will increase the value of our co=unity but also bring a greater sense of pride to
East Naples,
If there is llIlything further that you need from my office, please let me lmow.
Sincerely,
~~)~
Donna Fiala
Co=issioner, District 1
DFlkrh
C: Phil Brougham, Fiddlers Creek
Diane i'lagg; jUternate Transportation Modes Director
.PamLulich, Landscape. Operations Manager, '
Norm Feder - Tr3D8portation Administrator
Agenda Item r'.Jo. 16B7
November 13. 2007
Page 41 of 53
City of Marco ][sland
a.,J
October 18, 2007
Mr. Ron Albeit
General Manager
Fiddler's Creek Foundation
3470 Club Center Drive
Naples, Florida 34114
Re: Beautification Grant - Collier Boulevard (SR 951) Median
Landscaping - Manatee Road to Mainsail Drive
Dear Mr. Albeit:
On behalf of the City of Marco Island, we are pleased to offer our full support of
your efforts to obtain a State of Florida Highway Beautification Grant to
landscape the median of Collier Boulevard (SR 951) from Manatee Road to
Mainsail Drive.
The City has long supported landscaping efforts along this corridor and, in fact,
was the recipient of a state grant which assisted with the landscaping of the
median from the 5.5. Judge Jolley Bridge to Mcllvane Bay Bridge.
Unfortunately, these funds were redirected by the State.
Please do not hesitate to contact us if we may be of further assistance. The
beautification of Collier Boulevard (SR 951) will be beneficial to all citizens of
Marco Island and Collier County.
Sincerely,
~)j~
A. William Moss
City Manager
E,f) B..J1~ l~.l],;r;ll' l;fri7c, .:\-~ar;:;o ~f:l&nd, Flur1::~e 0411AS
12 38'~)-Sf~nn ]f1.,~){ {239 ~ 3.29~43Sq
",",W.W ci i;:: (II' ffioii Jl'eo i s 1 a lO, 11..c Hll'l
Ag-::nda I:S:'T1 r~O. -i ()B7
t~ov'?:Tlber ~i 3. 2007
Page 42 of 53
~vt'
~~~
::~~~!::
o..-mber go. 2007
Mr. Ron Albelt
GeneralMilnager
Rdliler's Oeek Cub & Spa
8152 Rddler's Cleek Pmkway
Naples, Fl341114
Dear Ron,
It Is our unders:andlnQ that the Rddier's Oeek Foundidlon has Initiated an effort to Qaln
County, State and local support to Instllllandscapll12 materials In the center median of SR
#951/CoIIIer Blvd from Manatee Road to N'.alnsaII OlIve.
The Rookery Golf Oub and W.aFCO Island Marnatt Resort whole heartedIy support thIs effort.
As the gareway to not oolv 0'$ ~ fadIlty and Marco Island. It !s In the lOll\! term best
Interest of this communltV. surroundln2 communities and Cofller County, In Qeneml, that
SRl951 ~ the antJlan::e and unlque beauty of SoIIthwest ib11da- speclllcally Naples
and MarCO Island. There Is no better way to do this than present an atIl'iIctlve and well
malmalned roadway as you tra'Iel 5R 1951; is IS demonstrated by numerous landscaped
roadways thlOUllhout the coomy.
Please i;eep us acMsed of this e!'fort and what we can do to ass!st.
Very sincerely,
@~,
Chris MaJO!
Gene.'a! Ma,'iager
". ",
~
T~ROOKERY
tf.: l(~rtO
3433 CLUE Cr::NTU Bl.VD NAPUll, FLORIDA 34I104 TE~HONE, 139-793-:,673 FACSIMILE: "39-793-3643
Agenda Item I\Jo. 1687
November 13 2007
Page 43 of 53
@omcast
Comcast Cable Communications, Inc
301 Tower Road
N.ap~, FL 34113-8074
239.'793.9600 Tel
239-793-1317 Fax
10-20-2007
Mr. Ron Albeit
( am writing you in support or an etTort to obtain a State of Florida Highway Beautification
Gl"llnt to landscape tbe median of SR 951 from Manatee Road to Mainsail Drive. I
understand the aty of Marco Island hIlS already secured funds to lamdscape from the Jolly
Bridge to aammock Bay and Comeast has a fadllty just north of Manatee Road.
Landscaping tbe median for only a portion or sa 951 from Manatee to the bridge woutdn't
be lIS appeasing to tbe eye aDd it would "'so improve the area near our facility on Tower
Road.
Thank you for your effort ",ith resp""ts to upgl"llding tbe landseaplng for the majority of
the drive from 41 to tbe hndge.
Sincerely
\\ "
\J...",,^,'11_''''-'~
Barbara Hagen
VPfGM Comcast Naples
301 Tower Road
Naples, FL 34113
.." ';"',,', f,j;. .'~
.. ~ -. ~ . '. ';(!". 1:,,,./0'>:"
,...,J;Y'""~;
.-,I,lot' ":~
"" ,
FLO~~'. -
ACisn.ja :tSi'l1 I-~IJ. H:;87
. !\jovember 1.3. 2007
Department of Page 44 of 53
Environmental Protection
,
\
\
Ct",arll€ Crist
Govemor
Rookery Bay National Estuarine Research Reserve
300 ,ower Road
Naples, Florida 34113
1.239) 417~6310 Fax (239) 417-6315
l\.\ike Sole
Secretary
October 16, 2007
Mr. Ron Alboit
General Manager
Fiddler's Cr~ek Found.stJOI1
3470 Club Center D;'JVe
~~3ples. FL 34114
p.~: SR 951 r,1edi2.r1 L::n.j~~Lp;fig Pro.ic,~.t
D~~:;-Mr. /.lh~1~:
Ro(;kt,:\, P.J\ )<~,~l;:~i:::'i E:.-,tL:?.'llit
~-, .". <'
:r:::
T~.:,:s::;':-\,: : '::l:)~
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L(.;,JitT S
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,'':::U;.C
,,-,_ '~tr~- )2"-l:l1.: ]l"ic.i.1:):-l nJ 1..,'l( :rj!>J::~r:
.s L::..~:: !-',~ [td
95 j. frem "f\1amH.:::e RC3cllC\ H~jr,:;:::];=}rr:c :r; _'-J~'.:~i:.:.s. r j:'c.j~.
::"0(;):~:-:'.
L~':;enf L
iYi.. ,:,a.12.g-mg ] t.>Y,' :i,',~'~ of P:-13i:Jn:: ,.::ozs(~-d is.Tid<~, 2nd 'J.atcrs
:lj'::i:"g :lit' (;i.11f ~'::2~;t b~'-:v :::~:! .
9~ I c-,-~:;-:cjor d~niun:~Ir"2"f J :,tT:;';C' of
2.;.;J 1\'::;::;"80 l::18:-:C. : ,8_1ds:::;;';::-lr:; i7T(j)-:"'.'I'''~'r:;~:-lE
~h;. Srat~~ Rc::ad
'..s!ue ~r.j Si::'."\2.!"csh:p, v.:hl~_'h v.-,~ fully cnGo:se. Ir, :aci..
\.'IE '-'.'':'.Lid :~)1;; Ll])pn:-:uriiry io meet \''':in :::pr::::,c.r!t~ltiv:.;s oiyaui FL'U:!ClJtlon 10 dlS-;;::L1~,S
:-e~"C'rr.m':D.da\ion.) ror th: :t~<;' n;'n3t'",;:, !r: t:1E V!_'J:"''::
Ple2se feel fTe~ to cont8::t ;--;,e at 23()-4] 7-63 J 0, o:xtenSIDD 103 or g;1..:\'.h'::toT1!iJ;deru:t2te-fl.L:s if I can
further assi.5t in tbs endc3.'(:'"".
Sinc~_n:ly',
.-...- ~."
,1i,g811da Item No. 1687
r~overnber 13, 2007
Page 45 of 53
951 LAND HOLDINGS, LTD.
8]56 Fiddler's Creek Parkway, Naples, FL 34] 14' (239) 732-9400' Fax: (239) 732-038]
October 17, 2007
Mr, Ron Albeit, General Manager
Fiddler's Creek Foundation, Inc.
3470 Club Center Boulevard
Naples, FL 34114
Re: 951 Median Landscaping Project
Dear Mr. Albeit:
951 Land Holdings, Ltd, fully supports the Fiddler's Creek Foundation, Inc. in its
efforts to obtain State, County and local approval ror the installation of landscaping on the
median of SR #951 from Manatee Road to Mainsail Drive.
This beautification of the median will enhance SR #95 I, as well as the approach to
Marco Island which is used by thousands or tourists who bring revenue to the County and
local merchants and likewise to the local residents in communities surrounding SR #95 I.
We are in full support of Fiddler's Creek Foundation, Inc. and its endeavors to
enhance the median for the many who will benefit from it. If there is any further assistance
we can provide, please do not hesitate to contact me.
v cry truly yours,
JLP:jml
. Wp---
eph Livio Parisi
s Atlomey-in-Facl
Itf;;:Tl f\jo.i C87
r'Jov-:::rnb-3t" 13. 2C.107
PaQe -46 of 53
~
Isles of Capri Civic Assorltriinn/Capri Community, IDe.
338 Capri BouIeYanI
Naples, F134113
Fiddler's Creek Foundation
3470 Oub Center Drive
Naples, FL 34114
Ran Albeit, General Manager
Dear Mr. A1b:it:
This letter is provided in support of1he collaborative effurts of Comer County Officials and
Fiddler's Creok in 1h..-ir application fur a SIaIe DOT B.,.....R<:aIion Gnmt that wooId provide
funds 10 """'''''''PI' 1he median aImlg SR #951 from Manatee: Road 10 Mamsail Drive.
It is o'.lr underslanding that the City of Marco Island bas received " Stale B=tificatian GIant that
would provide landscaping from the Marco Riwc Judge Jolly Bridge oorth to wiIhin 200 met of
HammocI:: Bay.
The additional1"""'''''''P;'1g in these areas gives c:mtimriIy 10 the state road aOO provid::s
protection agaiDst mIiawful pItli:ing OIl the ...,.;;,.,.., as w.:ll.
The comnnmiti::s along this cocridor provide II strong and stable tax base for Collier County,
LaOO'~ngthis main ~ certainly ....1.."""" that tax base by providing a beautifu\
emry and exit to the ~ isles,
The Isles of Capri's only enlrlInce is SR #9S 1. Gulf Bay Devcdop= own II <igJ>ifi=nt parcel of
land on Capri. It would benefit 1he County, Gulf Bay Developers and home own"", in our
(.Y1I11"".niry to have this added beautification to tile approach lIIld exit of tile i.sles.
<<~~/~
KiIk Colvin, President, Isles of Capri Civic Association
A&n: ~ 6foi~<:rvationand&hancemeot T=
Cc: Donna Fiala, District One Commissioner
Pam LnIiclI, Director, Collier County Landscape
Isles of Capri Civic Association Boord ofDireclnrs
Isles of Capri Pn:serv2tioo. and J::_""",,~ Team
ahall10nl2007
PEPPER TREE VILLAGE ASSOCIATION, INe
e/o Scullin & SobelmllD, P .A.
1150 T.miami Trail Nord!
Naples, Florida 3410%
A,genda Item No. 1687
I"ovember 13, 2007
Page 47 of 53
P. E. BrollgJoAIII
8587 Pepper Tree Way
Naples, Fl34114
October n, 2007
Mr. Ron Albeit
Gtmenl Mlm8ger
Fiddler's Creek FOIUldation
3470 anb Center DrIve
Naples, Fl34114
Re: Proposed Project to Landseape SR #951 Median
Dear Mr. Albeit;
I lIIll &ware of the effort of Fiddler's Creek FOllDdation to secure a State of Florida
DOT ffighway Beautlfu:ation Gnmt to be U8ed for the pnrpO&e of lanllhcapmg the
median ofSR #951 from MIlDatec: Road to Mainsail Drive.
As a resideat of Fiddl.er's Creek and the President of Pepper Tree Village
AuociaOOll _ well u Chairman of Fiddier's Creek Community Development
Distrid #1, I offer my unqualified to support to the _deavor.
We are all aware of the beanty of the landscapillg in front of the eJltrlmees to
Fiddler's Creek lIlld Hllmmoek Bay along SR #1951. However the majority of the
median is not landscaped at a1l, presenting a harsh "sinetscape" as YOll drive
towards Marw IsIaDd from U5#41. If this project is . Sllcceu, it will be wonderful
complement to the recently p_ted landscaping aIoog USN41 towants Naples.
Please eeJi 011 me to usist in tmy way I can.
c~~~
P. E. Brougham
PlUident
weI
l\cenda Itsm [,jo. 16B7
"r.jov-:.~mber 13, 2007
Page 48 of 53
COMMUNITIES INc~
wel
..
NYSE.
4301 WALDEN Cr:N'In OJJVE
JNlTA SPluNGfi. PWIUOA 34134
TIlL (239) 49&-8200
1/,J~&tJm
WC1 HONOUD AS
AMFJu:is BErr Bun.DF.R
BY N^TIONAL AssO::tATION
OF HOME. BUUDEr.5 AND
ButwER MACi\ZlN!'
October 17, 2007
Mr. Ron Albeit
General Manager
Fiddlers Creek Foundation
3470 Club Center Drive
Naples, FL 34114
Subject: 951 Median Landscape Project
Dear Mr. Albeit:
We wish to offer our support of the beautification on the 951 medians from
Manatee Road to Mainsail Drive.
This project will highlight the passage to Marco Island, enhance the value of
our community and benefit the residents of the communities along the road
who provide a solid tax base for the county and the state. If there is anything
further that you need from us, please do not hesitate to ask.
Sincerely,
i
I
~a.<=-(K\n
;/l~
I T es . 0 'Donnell
Vice President, Hammock Bay Homeowners Association
Project Manager, Hammock Bay Golf & Country Club
Th~ EJ:p~ri~nu Is Everything.~
Oct 29 07 10:248
Silver lakes
235-417-3447
~,genda Herr; ~~o. 16B7
Nov8Ilfr)~~ 13. 2007
Page 49 of 53
9W-pfes/:Marco Is. 'Fforitfa
1001 SOver Lakes Blvd,' N8ples, FIQrlda 34114 .(239)417-3446' Fax (239)775.4165
October 28, 2007
"
-\.)
Mr. Ron Albeit
Genernl Manager
Fiddlers Creek Foundation
3470 Club Center Drive
Naples, FL 34114
Reference: 951 Median Landscape Project
Dear Mr. Albeit,
Silver Lakes Golf and RV Resort would like to add our support for the median beautification
project. The gateway to Marco Island and a heavily traveled roadway to many communities can
only be enhanced by this project. This will only add to the already beautiful area here in
Soutl1west Florida
Please keep us up tr~'i\ate on the progress of this project.
v
Sincerely,
~jh. /
~@:42~/
J Bach tl<j
resident
Silver Lakes Golfand RV Resort
'" .
. ~ "executive gOlf course. svrlmmino POCl!s. vo oVlner's clU'bhoUS&i. ja:::uWs. fLtnel>scenter" tennis court!; .SChlldl.dw activities- shufllehoalli" UUllll" securttv...
A.gencJa :iem [\l0. "1537
t;Jo\leniber 13. 2007
Page 50 of 53
East Naples Civic Association
3823 Tamiami Trail East PMB # 274
Naples, Fl. 34112
Fiddler's Creek Foundation
c/o Ron Albeit, General Manager
3470 Club Center Drive
Naples, FI. 34114
Re: State DOT Beautification Grant.
Mr. Albeit:
We at the East Naples Civic Association are fully supportive of the efforts of Collier
County Officials and Fiddler's Creek Foundation in their application for the State DOT
Beautification Grant. This grant would provide the necessary funds to landscape the
median along SR 951 from Manatee Road to Mainsail Drive. Tnis grant along ,vith the
lo'Tant that the City of Marco Island received in landscaping from Marco River Judge Jolly
Bridge to just north of Hammock Bay would provide continuity along State Road 951.
All the communities and businesses along State Road 951 would greatly benefit from this
landscaping along with the many tourist that drive this road on their way to Marco Island
and Isles of Capri. This landscaping would also be a good compliment to landscaping
project along Tamiami Trail East which is nearing completion.
If there is anything else that we at East Naples Civic Association can assist you 'with this
application, please let me know.
Sincerely,
Thomas G. Cannon
President, East Naples Civic Association
Cc: Donna Fiala, Commissioner District One
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Aqenda Item I'~o. 1687
~ l\Jovernber i 3. 2007
Page 53 of 53
FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #1
8587 Pepper Tree Way
Naples, Florida, 34114
October 24, 2007
Mr. Michael Schulte
District Landscape Architect
Florida Department of Transportation
80 I North Broadway
Bartow, Florida 33830
Reference: Florida Highway Beautification Grant Application
Collier County Board of County Commissioner's Resolution
Applicant: Fiddler's Creek Community Development District #1
Dear Michael;
This letter is to coniinn the granting of an extension for submission of the approved
Collier County Commission Resolution approving our Beautification Grant application
until the Commission meets in session on November 13,2007.
The specific language of the Resolution is currently being negotiated and is under review.
The Resolution will be forwarded to the Beautification Council once formally approved
by the Board of County Commissioners on November 13, 2007.
We further understand that original signed copies of this letter will be included in our
Grant Application which will be forwarded to your attention prior to November 1, 2007.
Thank you for your assistance.
G?~~
Phillip E Brougham
Chainnan, Fiddler's Creek CDD #1
~.
Cc: Mr. Jeff Caster /
State Landscape Architect
I',genda Item ~jo. 16e 1
November 13, 2007
Page 1 of 12
EXECUTIVE SUMMARY
Recommendation to approve as ex-officio the governing Board of the Collier County
Water-Sewer District, to subordinate its utility easement rights along U.S. 41, Section No.
03010-2542, to Florida Department of Transportation for purposes of road construction.
OBJECTIVE:
To adopt a Resolution and approve a subordination of Water-Sewer District utility easement
rights along U.S, 41 to Florida Department of Transportation for purposes of road construction.
The 15' easement is located at Section No. 03010-2542 as originally recorded, depicted. and
described in Official Records Book 1451. Page 0110 of Collier County. Florida, The subject
portion is shown explicitly by sketch and description within the attached document known as
Exhibit "A."
CONSIDERA nONS:
PetitioneL State of Florida Department or Transportation. has requested that Collier County
execute and deliver to the State of Florida Department of TranspOltation. a subordination of
utility interest. or interest. in /'avor of the State of Florida. The Collier County Water-Sewer
District has no current utilities or future utility intcrest within the easement. The watcr main runs
through the median of U.S. 41 in this section, A sewer gravity line starts on the east property
line and runs east. away from the easement.
FISCAL IMPACT:
Recording fees will be paid by the applicant.
GROWTH MANAGEMENT IMPACT:
There is no growth management impact associated with this Executive Summary.
ENVIRONMENTAL ISSUES:
There are no outstanding environmental issues.
HISTORICAL/ARCHAEOLOGICAL IMPACT:
There are no historical or archaeological impacts.
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the Resolution and associated legal
documents.
Agenda item 1'00. 16C.j
Now;)rnh,::::. 13. 2007
Flage 2 of ") 2
RECOMMENDA nONS:
Adopt a Resolution as ex-officio the govcl11ing Board of the Collier County Water-Sewer
District, to subordinate its easemcnt lights along U.S. 41, Section No. 03010-2542, for purposes
of road construction within that portion of a ] 5' wide pipeline easement as originally recorded,
depicted and described in the records of Collier County, Florida in Otlicial Records Book 1451,
Page 0110 and that subject p0l1ion now shown explicitly by sketch and description within the
attached document knowll as Exhibit "A"
Authorize the Chail111an to execute the Rcsolutioll and direct the Clerk to the Board to record a
cCl1ificd copy oCthe Resolution in ,he Public T~ccords.
PREPARED BY:
Nathan Beals, /\.ssociatc Project Manager
Public Utilities Engineering Department
Page 1 of 1
COLLIER COUNTY
BO!'.RD OF COUNTV COMMISSIONERS
tlemNumber:
ttemSummary:
F-:e. :'r-HT!"'i" .J8\1':'1 1.(.. dl)l'1"0\12 CIS u- .,!iicio ihr gO"/prnnQ B~al"c [)1 the ':>JII,et (;( u~j;i ".i\i2!(n-
:,0W('1 to 'i~'~)U"'i:rl,",e ,t~ Ln!itv ,,'8S, ';,s:t: ,.;'~"t,. ",lone) ,,4" ~;H:j,on !'J:- :I:;;':' [1.2.';,12
,'.I(,,;,j~ ':;('[" ,-;rim,,',,; ,i! 1'h h:J(;r ;,tl(" l:r pur; :""("0 ,-. '",ki '-;n'; C IC,',-If,n
Meeting Date;
<::_;(J(' I.M
Prepared Uy
N3tfHlr Bea;"
'''-'.''''r.t lI!t"r'~;:Jf'r
O"j"
hl,,'Ic;U1i!it,esD"'l"Of'
)JrJiic:.!1;I'h,~!;mH"H(>"'ng
j()!1~1120()'7 4"-,:i.[v,corA
Apllro\'cll By
'<0\; I'l. 1"'0&rso'1 t>,F
""bite Utiliu',; f:.r'n.nr.~"inqDi,.,,'cwr
DalE<
",!llli~ Utili'.i",,'
-'d;I,,'U "i'I(,-["'.","'",c'wn
i')!2/7()i)"4.U,'M
Apprlln~d B)
r.. '_" " ,.~, ~ ,-',,c:!1
"'.,
-'m"
",,,iI,," hti;;'1~
!Ji?2.!"2P'.i :lA2P!P
'\ppruYl'dBv
Appru\ed By
Apprnvr-d B)'
'\pp rove-d ll~'
""..
,!!>'I':;''';
r,~\c'
:",,;-,Ii, Utiltn~'-
rOU~\ti( Utiii:,(" ,".;."i\' ,;,:' .:nion
!1i25!2()j'?il4'.;I\M
'\PIlTond B~
Or<F3 Coor'.!,mllc-c
:J,rplic~lj(.<r,\!' c<.n;,h,:sl
Date
1\ orn i nisti ::\,..-" ~;'"rvi ces
inlnnn;ltwnT,,'clHlulngy
1012Si20C!430PM
Approved B~'
r<nndyGrtM<""nl(t
\",'n~9&menllP,ud\l,-,jf\n"i""t
[l~,\\)
County Mana9,,(,.-Offico
O!ti':f'o! r~,mJ'J"rnent& But::gcl
i()C6.'2007S':1C1MJl
Appro\'edlly
Mlci";~el Smyl\OVI~I,i
M,m~gement 8. Eludgcl. LJlrenor
l)ate
County M~"~"n"s Offic"
UIf,Cf)0; I'Jl~'nqern"'r.tl;.!l"d\lH
1jl2120G7 8,:;5 ilM
Appro\'edlly
.Jam"," 1/. M"nd
Count\' r\~"rwgeT
["'1<;
6a,:r,:t (,I ~.(,un\,"
CnuntyMiJnJlqen,OJflcl'
\11&!2()U;'7:14 r'M
COnlrni~,sioners
file://C: \AgendaTest\ExDort\92-Novemher>io20 11. %202007\ 1 n_ %20f'ONSENT%20AGEN
11/712007
RESOLUTION NO, 2007-_
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER COUNTY WATER-
SEWER DISTRICT, TO SUBORDINATE ITS EASEMENT RIGHTS
ALONG U.S, 41, SECTION NO, 03010-2542, FOR PURPOSES OF
ROAD CONSTRUCTION.
, I' .1.,
'~r.:;; '-~"",-
,,-~m -ll,. 'f-'--' I
!"-Jovprnber : 3. 2PG7
Page 4 0' 12
WHEREAS, the State of Florida Department of Transportation proposes to
construct or improve State Road No. 90 (U.S. 41), Section No. 03010-2542,
Parcel No. 500.4, in Collier County, Florida; and
WHEREAS, it is necessary that certain easement rights now owned by the
Collier County Water-Sewer Distnct be subordinated to the State of Florida
Department of Transportation; and
WHEREAS, said subordination is in the best interest of the County; and
WHEREAS, the State of Florida Department of Transportation has made
application to Collier County to execute and deliver to the State of Florida
Department of Transportation a subordination of utility interest. or interests, in
favor of the State of Florida, and said request having been duly considered.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, AS THE GOVERNING BOARD OF
COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE
COLLIER COUNTY WATER-SEWER DISTRICT, that the application of the State
of Florida Department of Transportation for a subordination of utility interest, or
interests, is for transportation purposes which are in the public or community
interest and for public welfare; that a subordination of utility interest, or interests,
in favor of the State of Florida Department of Transportation, in Collier County, is
attached hereto as Exhibit "I," which shall be executed by the Board of County
Commissioners, as Ex-Officio the governing board of the Collier County Water-
Sewer District, for adequate consideration, receipt of which is acknowledged by
the County.
BE IT FURTHER RESOLVED that a certified copy of this Resolution be
forwarded forthwith to the State of Florida Department of Transportation at
Bartow, Florida.
This Resolution was adopted after motion, second, and majority vote.
DATED:
By:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BOARD OF COLLIER
COLLIER AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT
ATTEST:
DWIGHT E. BROCK, Clerk
, Deputy Clerk
Approved as to form and
legal sufficiency:
By:
JAMES COLETTA, Chairman
-,- ()\V'\ rlLf~
Thomas C. Palmer
Assistant County Attorney
County Attomey: CP:04'puw-01 083;761
Aoenda Item No. ~16C 1
"November 13, 2007
Page 5 of ~12
23-UTL.02-07/99
Date: August 13, 2007
This instrument prepared
'lnder the direction of:
Bruce P. C:...:ry, Genera] Coel.scl
Post Office Bex 1749
City: Ba=cow, F:urida 33830
Departme~t of Transportation
f,P, NO. 1953891
PARest 5:)0.4
SECTION Q3010-2542
STA~E ROAD 90IU.8. 4"'
'~:OUNTY ColT icy
SUBORDINATION OF COUNTY UTILITY INTERESTS
':'HIS ].l,,::;FEE!1SNT r en-::"'nod in~:o this .:lay of _~U__
o ,r,.t' and betwec'D thc:, STr,TE: OF n.cmIDA DEPP.PT~SNT OF
'rEA1~SPORTl\':'ION, hereinaf:t".f''::l .a_llc.c t:he FeOT, whose p05t office
'Jdc::-es.'::' is: Post OfL_-;c, ~;(J;>: J.21(;, r,act.c,'w', Florida 33831-1249
arid COLLIER COUN~Y WATEP-SEWER D1STPICT, A BODY CORPORATE AND
?OLTT:C:-W-iTH ,-[,-;:;S EOI,PD elF' Ccy'!:]rl"{ COtJJ!JjISSIONE?S OF COLL-fe-P:- cOTitJTY,
.fiq.EJii\.,j,.- j li. t 1-; i....qcn ~~y~-);Gan ~L ZCi'~ i (")rl-~-j12l:~e-ii.la:= t-e r ^ ~::'~; 1^f2-~T--:;:Te (lAO,
WIT N E SSE T H:
WHEREAS, the ~AO prcsently has an interest in certain real
property that is needed for d t~ansportation facility; and
WHEREAS, the proposed use of the real property requires
subordination of the UAOls interest to the FOOT; and
WHEREAS, the FDOT is willing to participate in the cost of
locati~g, protecting, adjusting or removing the DAOls facilities
if necessary to prevent conflict between the DAO's facilities and
the transportation facility;
NOW, THEREFORE, in consideration of the premises and the
mutual covenants contained herein, the FOOT and the OAO hereby
agree as follows:
1. The UAO hereby subordina~es to the interest of FDOT, its
successors, or assigns, any and all interest the CAD has in the
real property described as follows:
SEE EXHIBIT "AI!
Page 1
EXHIBIT "I" TO RESOLUTION
Agenda !tern No. .16C'j
~-Jovember'13. 2007
Page 6 of 12
The interest of the UAO being subordina~ed hereby i.ncludes, but
is not necessar~ly limited to, the interest crEated by the
~ol:owing doccrrent:
RECORDED
'NSTRUI"F:N'~ I DATE I FRO!"! TO O.R.
300K/PAGE
Easement 06-06-89 I-celebrity Golf- Coll::.er OR 1<151
I 'Japlcs L:.rni ,cd Coun::y Water- ?G. Oll C-
Pa r::r;.c' '" ,'.o,h it:; Sewer
I D.:.strict II
- I
'The ._'P,C '.:;lla!
:.'r'. J.:'IU-::,
;',i-,\''O: ] 1 :ci~Jht '-~ und"::T I~!),,=,
ident fjed above, exc~pt
;-,D 'O'ul.-;""'~':"" 'or> he con:::rc;]
;]7\0' s
tha:. t! ..~
C)f -.h"o
L~"" J
~rQPsr::y interest ~,.CI)~erl~
:,1' th,c' real L,r: p-=or-r--y ,?~,o-
r' ;T.";'J2'!t t:~-"' ,-"Cjl~~?~'0r:,h
f"',c,f.
t~:.-; '2
~r'.,,'-'
'J']V~ !~"J'~"T .',~)FJ i
Ld'I': I. "'J.,'
~ "~: J t
:c:, t 1,:1 '. h~~ l;l-\('! I ,co !..lse ::..f:
[:.:-1':;
'::'-,:;5.J
pro.::!}-"e,y ty
th'? fell
:-I~: .:-? t eE:t
,-" 'C::c1 1.":tJ
~J\i
~~i~ aOCUII'ent i~0nl
l'~:;
n':~~ Tf;~nL
"I,
"h~
""jY
:1;
L_T ~Dj pr0sen~ or f~t\JT
::.':a.I;~;p:..,~A: ,:_',11 1,.,~. "/ t::~-: .1.."0.::.' ".1 t.:'jcili-:..:..c'" '.11 L)I~
:J!~'J ~ '0' 1"c:2:_':od, 1~'::-':''::eC":'s::J, :Oldj',l.s'.:.ed, or ::emc'v'2d "'::' the r:y),,:'
jc:~~mjnes ~s ~ecessa~~. inc_uding t~e tirrling of any of suet)
act_~,Tities;' ~o Gc~~r.lrr:modate :he transpor~atjon fa.cility
proJect. The UAO shall have the right ~o ~ngage in
additional protective measures du~ing the transportation
facility project beyond what the FOOT determines is
necessary, provided ~hat the cost of any such add~tional
protective measures s~211 be borne by the DAO.
b. The DAO shall operate and maintain the DAO's facilities
located on the real property in accordance with fOOT
standards as set forth in the FDOT's then current Utility
Accommodation :'1enclal.
c. Any placement of new facilities or adjustment,
~pgradlng, removal, or relocation of the UAO's facilities
proposed by the DAO shall be subject to the prior approval
of the FOOT as provided in and under the conditions of :he
FOOTls then current Utili~y ACCOITIDadat~on Man~al. Approval
will be g~anted thro~gh the issuance of a utility permit,
4. In the event the FJOT exercises its righcs under paragraph 3
hereof and the exercise af ~hase rights creates costs over and
above what the DAO would norrrally have incurred had this
subordination not been executed, the FOOT will bear the excess
costs. Excess costs shall include, bLt Dot necessarily be
limited to, damage to the UAO's facilities resulting from failure
of FOOT's protective measures where the UAO has not elected to
undertake additional protective measures pursuant to s~bparagraph
3,2. hereof. The specific arrangement for F~OT bearing the
excess costs sha:l be by separate agreeme~t.
?age 2
Agenda Item I~o. 16C1
November 13, 2007
Page 7 ot 12
IN WITNESS WHEREOF, the FOOT hereto has executed this
agreement on the day and year first above writ~en.
~xecuted in our presence
as \o,':.t:lesses:
STATE OF FLORIDA
DEPA?TMENT OF
TRANSPORTATION
By:
Signature
District Secr-e.ta.ry/Oes.ignee
for District One
Print/Type l-Jarne
Approved as to Form and
Legality:
Sig;,atucc
~'rin-.:/Typr:: NalT;e
Department l\ttorC"lf''/
.~~TN!'E OI;. FLORI DA
(=CCqTy~:-r
The.:: fore'~:loir:ro1
day c,f
:nsL:-urnent \''/0.'3
acknowledged be~are me this
"
, L
uy _
rict Oce.
Di:::;( r-jct. Secre-;:-ary/De~;ic::nee
i:rlO\-.,'D to me or has ::=-'r'oduced
as identification,
for
He is persona~ly
(Affix Seal/Sta;np here)
Notary Signature:
Printed Name:
Notary Public in and for
the County and State last
aforesaid.
My Commission Expires:
Serial No.:
Page 3
A:lsnda item i\!o. '1 tiC 1
- November 1 :5. 2007
Pa;16 8 ofi 2
By:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BOARD OF COLLIER
COLLIER AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT
ATTEST:
DWIGHT E. BROCK, Clerk
, Deputy Clerk
Approved as to form and
legal sufficiency:
By:
JAMES COLETTA, Chairman
dnl^^ ~j~
Thom s C. Pal er
Assistant County Attorney
Agenda Item No. 16C!
November 13. 2007
Page 9 of 12
F.P. NO. 1953891
SECTION 03010-2542
?ARCEL 500
A parcel of land lying in the northeast 1/4 of Section 30,
Township 50 South, Range 26 East, Collier ~ounty, Florida, and
being more particular~y descrihed as 7011ows:
Commencing at the northeast :::orner of Section 30, Township 50
South, Range 26 East, Collier County, Florida; thence South
50058101" West for a distance of 472.89 feet to a point on the
n::lrtheasterly right ,::t way line of Sta::e Road 90 (fj,S, 41) ~ East
Tamiami T~ail and the POINT OF BEGINN:NG; thence North 39001'59"
West along said rig~t of way l~ne for a distaD e o~ 255.50 ~eet;
thence North 50058'01" East for ~ distarlce of Q,CO feet; thence
Sout~ 39001'59" East for a distance of 255.50 eet; thence South
SQQ5B'Ol'r Wes~ for a distance of 20.00 feet to the POIN1' OF
2;ECJ:~)\I!\!G .
CCHJtdinlng ~ lID ::::q'.Jarc, feet., more 01:" :e25.
Legal D .scr,iPtio~proved
William E. Ray P.L.S.
Date: 08:13- Ole
NOT VALID UNLESS EM OS SED
by:
37
EXHIBIT "A"
Page 5
A.genda !tern f'>io. -iEJC-;
r0cwember 13, 2007
Paqe 10 of 12
SKETCH AND LEGAL DESCRIPTION
"- OF RIGHT-OF-WAY DRAINAGE
'\" 'V
'@j~
.. '" ~
I 'OIN [ OF
C'JMMaKUv!!:I'~ I
NORTHEAST CURHt-:R
{),;- SECTIO~~ .30
'-'.LAU: OC' 50'
{'
~----
75'
.',0'
,(,(1.
{)
~
;::-':"':.,..
OF,''',
','
S 39'01'59" E
255.50'
255.50'
N 39'01'59" W
POINT OF BEGINNING
NORTHEASTERL Y RIGHT OF WAY
L11\)E U.S,41
LINE DATA
LlNE LENGTH BEARING
Ll 20,QO' N 50'58'01' E
L2 20.00' S 50'58'011 V
#.,/;/'~?~
David B Bruns, PiS
Certificate Number 4520
U.S. 41 - EAST TAMIAMI TRAIL
SR. 90
..-- - -- --- - -.-'t.- - - ---- .-.- - --- ---- --~
(/00' RIGHT-OF-WAY)
BEARING BASED ON Nji~r~Lr RI~r O~~~N~~lus 41
BEING N 39rJ1'59" W PER O.D. T. MAP OA TFD JANUARY 15, 1998.
DA TE: JUL Y 20, 2007
NOT VALID Wl7liOUT THE SIGNA TURf: AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
Page 6
jJ'I"Wf1i>, & :B'>'W1"lt>o, J.",c.
~~:f~&:L-4!'~
(OrL611....oI_X..&.
"~K..nUf{
X"f'l-""""" HIOl (189) UH - 5965
on 9 2/! 9 6
COLLIER COUIITY
1969 JUN 2[, P:~ I: 18
RECORDED
o [) 1115 I
OR BOOK
Aqenda Item No. l6C 1
November 13. 2007
o [) 0 I I Q/ Page 11 of 12
.'
PAGE
East Naples Sewer Proj ect
Page/Line - 9/32 & 33
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INO-=:: 'lHIS FASF.)lEm', granted this ~ day of ..... !...,.;<:- 1989, by CEI..EJ3R1TY"
GOLF-tmPI.ES LIMITED PAR!NERSHIP, as GIAANIOR, to the COLLIER CIXJm'Y WATER-SE.WER
DIsmrcr, a bcdy corporate and p::>litic with the OOARD OFaxJNTY o:t1MISSIONERS
OF COLLIER o:uNI"i, FLORIDA, as the Ex~fficio Governir'q Board, its successors
ard assigns, as GRANI'EE.
WI'INESS'Em: '!hat the Grantor for ard in consideration of the sum of one
dollar ($1.00) an1 other valuable considerations paid by the GRANTEE, receipt
of 'Which is hereby ackncMled:3ed, hereby conveys, grants, bargains arrl sells
unto the GRANI'EE, its successors and assigns, a perpetual, nonexclusive
ea..se.rrent, license, aM. privilege to enter upon ard to install and maintain
utility facilities, includ:i.ng bUt not limita:l to water, sewer, and"JPt'ler
lines on the following descri.bed landS bein:J located in collier county I
Florida, to wit:
see attached Exhibit flAil which is
.incorporated herein by reference-.
SUbject to easements, restrictions, aryj rese.rvations of record.
,
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-e:I :J:Mark G. laWson, Esquire
::0 ru Office of the coorrt:y Attorney
~ sa ~d collier County, Florida
O;:"l~
c:> =: "" wrrnoor OPINION OR BENEFIT
,. -< Q OF TITIE ~oN
s= ..
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~
ill wrrmss WHERIDF. the ~~~~ these presents to be executaJ
the day and year first above ~ ~<-- ) 1- V".
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Wl'INESSES: / /, .--_ GOLF-NIllES UMITED
I (:a.-''''. _ c--.----_._1\ p
~:~~rc@~\~,~ ,:mt;
~ srAW OF ;:;~f/l\1~\VtJ .{o/
_1XXlNl'Y OF _'C2b_/~ '\0 A\ /
-<~1.r;SV
'!he foregoing instrun'ent was ""'ae~ed before me by RAI..EIGH F. lWffi, a
general partner, on behalf of CEI.EBRITY GOIF-NAPrLS LlMITEO PARI'NERSHIP.
WI'nlI>lS my hand and official seal this . .Jz!!! day of ,IIJlJrE
v e ~g!p~Lr
-~~l~ ElqJires: :;:;/c, jell
I
~acejved $ /~'1 (X) nocumentary Stamp Tax
q:eceived $ A. I/a. CI~lis "e" InfanRibla
~ I~ Person<il PlOper1y T<tx
::OL C NTY CLERK OF ;:OUR;n _
BY ~O", ~. lJ...I<~ DC
"
1989.
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Agenda Item No. 16C2
November 13, 2007
Page 1 of 3
-
EXECUTIVE SUMMARY
Recommendation to Award Bid # 07-4191 - "Annual Contract for Emergency &
Scheduled Sewage Hauling" to Southern Sanitation, Inc. in the Estimated Amount
of $70,000
OBJECTIVE: That the Board of County Commissioners, Ex-Officio, the Governing
Board of the County Water-Sewer District, award Bid # 07-4191 - "Annual Contract for
Scheduled & Emergency Sewage Hauling" to Southern Sanitation, Inc. in the amount of
$70,000.
CONSIDERATION: The Wastewater Department of the Public Utilities Division
maintains a large wastewater collection system that includes over seven hundred (700)
lift stations, which occasionally require the services ofa contractor"; pumper trucks when
the County's pumper trucks are unable lo meet the demand,
The sewage hauling service is ul ilizcd, f(1f the lTIOst pa1i. during enlcrgency situations to
prevent the spillage of wastewater, which can occur during inclement weather conditions
and extensive power outages,
-
Bid #07-419J was posted on August 20, 2007. Forty-Five (45) inquiries were sent to
vendors, Three (3) packages were received. Alllcgal requirements have been met.
Staff has reviewed the bid received and recommends award to Southern Sanitation, Inc.
FISCAL IMPACT: The estimate of service volume for this item is based on last
year's actual experience and estimated to be $70,000 depending on system demand.
Funding is available in the Wastewater Collections budget - County Water/Sewer
Operating Fund (408). Other County departments or governmental agencies may also
utilize this bid.
GROWTH MANAGEMENT IMPACT: There 1S no growth management
impact.
RECOMMENDA TION: That the Board of County Commissioners, Ex-Officio, the
Governing Board of the County Water Sewer District, award Bid #07 -4191 to Southern
Sanitation, Inc.
PREPARED BY: Stephen H. Frates, Operations Analyst
-
Page 1 of 1
COLLIER COUNTY
BOAR(, OF COUNTY CQMMISSlONERS
Item Number:
ltemSummilry:
I(>C2
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Meeting Date:
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Approved By
l~idHiCl Smyko,^_'!iki
1.1~n~~p"lCl1t e. Budget Dir<:c!"r
t'aw
County M~n~g"r's Office
Office of Mal1JgeFT,(m\ & B\I(ig'~t
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Appruvc-d fly
James\', Mudd
COlmtyriana\Jo,
Da!:o
8(;Hrd01 COllfll\,
Commissioners
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Agenda Item No. 16C3
November 13, 2007
Page 1 of 10
-
EXECUTIVE SUMMARY
Recommendation to approve a budget amendment to transfer funds in the amount of
$900,000 from East Central Water Reclamation Facility Project to the Northeast Irrigation
Quality Pipeline Project, to fund a subsequent change order # 08 to Transportation
contracts with APAC Southeast, Inc. # 02-3419 Immokalee Road Six Lane Wideuing from
CR951 to 43'd Avenue NE and .Johnson Engineering contract 04 -3583 Professional CEI
Services for Immokalee Road Six Lane Widening from CR951 to 43'd Avenue NE to install
9,720 linear feet of Irrigation Quality pipe from Collier Boulevard to the east along
Immokalee Road, Project 7431 I
OBJECTIVE: The public purposc is to deliver Irrigation Quality (IQ) water to Collier County's
customers in the Northeast section of the County in conjunction with the planned Inunokalee
Road widening project with an estimakd savmgs of 2.1 million dollars compared with
construction at a later date,
,.-.
CONSIDERATIONS: The scope of this project is to construct a 24" IQ pipeline IhllTI Collier
Boulevard 9720 linear feel cast toward the ncw N011heast Water Reclamation Facility.
Construction of this irrigation quality I inc is outlined in the 2005 Wastewater Master Plan
Update, approved by the 130ard 01' County Commissioners on June 6. 2006, Table 8-2 line 117.
In February 2007. Public Utilities had an oPP0J1unity to purchase 9,720 linear feet 01'24" lQ pipe
from the Transportation Depmimcnt at half of the market cost at that time, for a savings of
appro x $225,000. This was approved by the Board of County Commissioners on February 27,
2007 Agenda Item 16C 6
As a cost saving measure, Public Utilities now has the opportunity to join with the
Transportation Division to install the pipe as pat1 of the Immokalee Road construction project
east of CR 951. Further, Public Utilities has received a grant from the South Florida Water
Management District for 40% of the project costs up to $500,900 which will be used for this
project
The preliminary cost analysis (attached) demonstrates that by adding this scope of work to
Transportation's existing contracts #02-3419 Immokalee Road Widening from CR951 to 43rd
Avenue N,E, and #04-3583 Professional CEI Services for Immokalee Road Project, Jolmson
Engineering, rather than a separate contract in 2012 in conjunction with the N011heast Water
Reclamation Facility anticipated construction, the County will save appro x $2, I 00,000,
The Transportation Division wi]] issue a change ordcr to the AP AC Southeast, Inc, contract and
to the Johnson Engineering contract for CEI services, covering the installation of the additional
IQ piping, Also, the Public Utilitics Division wi]] provide Transportation a fund and cost center
number that wi]] be charged as the work progresses. This acquisition strategy has been approved
by both the Transportation Division and the Purchasing Department.
~
CH2M Hi]], project design engineer, provided an original estimate of $1,200,000, shown in the
attached letter. However, due to the contractor already being mobilized to insta]] other utility
,u.genda Itern No. "16C3
f\jovember i 3, 2007
F'age 2 of 10
work, this cost came in lower than the original engineer's estimate. Staff has reviewed the cost
and it is considered fair and reasonable.
FISCAL IMPACT: A budget amendment is necessary to transfer $900,000 from thc East
Central Watcr Reclamation Facility Project (project # 72005 I) to the Northeast liTigation Quality
Pipeline Projcct (project #743] I J), Funding fill' this project is available in the FY08 Capital
Budget approvcd by the Board of County Commissioners on September 20, 2007, The Funding
source is Wastewater (413) Impact Fees.
GROWTH MANAGEMENT IMP ACT: This project meets current Growth Management Plan
standards to ensure the adequacy and availability of viable public facilities,
RECOMMENDA nON: Staff recommends that the Board of County Commissioners, as Ex-
onIcio Governing Board oftile Co]]icr County Water-Sewer District:
l\uthorizc tlle County Manager or his designee to approve the necessary budget amcndment in
the amount of $900,000, to transl'er funds li'Oll1 the East Central Water Reclamation Facility
Project to tbe Northeast In'igation Quality Pipeline Pmject
PREPARED BV: Diana Dueri, Project Manager, Public Utilities Engineering.
Page J of }
[\'./. Ida Item i..;o
l'ii,j{jmbeT'13,
f'3(jiC3 I()
COLLIER COUNTY
[~OARD OF COUNTY COMMISSIONERS
Item Number:
.(;(;3
IlemSummary:
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Meeting Date:
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M'-'''l''\I('''-'Pr\! & Ehdg"[[;irc,,t:Jr
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CounTy li'Ian~ge'-'~, Otfirc
Clffic;eo! Miina(","'I","'1" Sudgel
;li\31200"" t:, PM
Approved By
Jam",., "",'_ Mudd
Ce'unt,' ~I,ana\l"r
Date
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(;ommj~;5i()ne,"
County Ma(18gerf; Offie-e
11i612007 5:02 PM
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'~qenda !tenl f\Jo. If;C3
,- hJov8mber 13. 2007
Page 6 of 10
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
Dayne Atkinson
Collier County Public Utilities
3301 E. Tamiami Trail, Bldg H
Naples,FL 34112
Dear Mr. Atkinson:
Subject:
FY 2008 Alternative Water Supply Program (A WS)
Project: Collier County Utilities, Reclaimed Transmission Main - Imrnokaiee
Road - Phase 1 (SFWMD Proposal Number L WC-45)
The South Florida Water Management District (District) would like to take this opportunity to
express our appreciation for your interest in the FY 2008 Alternative Water Supply Program.
We are pleased to inform you that funding for the project referenced above in the amount of
$500,900 has been approved by our Governing Board at their September 13, 2007 meeting. This
funding is subject to approval of the District's Fiscal Year 2007-2008 Budget and will provide a
contingency in the event the FY 2008 State Appropriation dedicated funds are not received. You
will be receiving a contract in the mail il)r this project within eight weeks. The contract will
need to be signed by an individual with signature authority on behalf of your organization,
We look forward to working with you on this important project. If you have any questions, or
need additional information, please contact Jane Bucca at (561) 682-6791 or
ibucca@sf\\o111d.l.!ov.
Sincerely yours,
~J C U--
Mark E. Eisner, P,E.
Implementation Division
Water Supply Department
c: Betty Thayer - MSC 6612
3301 Gun Club Road, West Palm Beach, Florida 33406 . (561) 686-8800 . FL WATS 1-800-432-2045
Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416-4680 . www.sfwmd.gov
Agenda Item t\io. 16C3
November 13, 2007
Page 7 of 10
~pac]
AP AC-Southeast, Inc.
AN EQUAL OPPORTUNITY EMPLOYER
TEL: (239) 267-7767 FAX: (239) 267-1336
October 31, 2007
Johnson Engineering
4500 Executive Dr.
Suite 100 Box 12
Naples, FL 33119
Attn: Mr. Mark Beaverson
RE: Quote for Additional Immokalee Road 24" RCW Main Extension
Dear Mr. Beaverson,
Please find attached our quote for the extra work as referenced above, This work will have to be
performed after all other underground work on this project is complete,
The cost for a bond is included in Item 6 (Restoration).
Thank you for your consideration concerning the above and attached information.
Sincerely,
C.J. Potts
AP AC-Southeast, Inc, Southern Florida Division
Construction Manager
AP^C-Southeast, Inc. Southern Florida Division
Ft. Myers Branch
14299 Alico Rd. Fc Myers, Fl, 33913
T,I. (239) 267.7767 Fax (239) 267.1336
ESTIMATE SHEET
~~
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I
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DATE:
O~ffrJ9.~ol~~rn No. -16C3
November 13. 2007
Page 8 0110
T""b.." '.0.
PROJECT: Immokalee Road 2.4" RCW Main Extensic
ITEM
NO.
TV UNIT
ITEM DESCRIPTION
l Inl'Jt,!I)_3~:'" RCW______
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: 24" Bell Restraints
1----------.-------
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______ :3f_~L45~!'.d_
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i.
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L
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1 L8
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I :16" Steel C;a~i_ng___~9~L YONF-)
:~4" Casing Spacers
!~..!!~.sa15__
55,L.F
5S:!c-.F
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4 i Dead Eud F1ushing System (Collier Detail #- wi
---..-,--...- . . ...-.-----.---' -.~------_._---_..-I
I 24 "_fI:1......L.9~te Valve '
__.~alv<:~.2~_!2.~~:2_ ~~US~_
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, PRICE r AMOUNT
j 41.58 429,,2;F~-".0_.
2:3~99.?:99
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14,7R4.00
__::~__,3_;;~?Q___
49,717.50
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Aaenda item !.~o. i CiC3
CH2M 'Htclovember 13, 2007
5801 Pelican Ba~'(.JJ.e 10 of 1 (\
Suite #505
Naples, fL 34108
Tol239.596.1715
Fax 239 596.2579
~~"
Octoher 31,2007
Diana Dueri - Project Manager
Collier County
Public Utilities Engineering Department
3301 East Tamiami Trail - Building H
Naples, FL 34112
Subject: CollIer County - Rid Analysis - Immokalee Road - 24" RCW
Deai' Diana:
Per your request, 1 have r0viev\'E'd thp ollis for the construction and inspechon of the
Imn10kalee I\oad :.-r' Rev,,' f'vlain from C"olJipr t30ulevard to Pipers l~oad. J"his project
reqUlrE'S the l"slalla\1on of d,'proximately to,340 LF of Count\' supplied 24" I';(~W !\.Jain
Based nfl the rJjans dnd 1.1id Iten15 n..:.quireJ to perfornl this work, d conlparison of our
Estimate dnd project BId IS as follows:
For C:onstTuctlon: Engmeers Estun,l!e ~ $],075,000
A PAC - Southwest, Inc. Bid = $669,34770
The APAC - Southwest, Inc. Bid was approximately 6226% of Engineero Estimate
Certain bid items were higher/lower than Engineers Estimate, hut nothing was out of an
acceptable range nor did it raIse any concerns about not understanding the intent of the
Engineers plans,
For CEI Services: Engineers Estimate = $125,000
Johnson Engineering, Inc. Bid = $73,448.80
The Johnson Engineering, lne. Bid was approximately 58.76% of Engineers Estimate
The difference in Engineers Estimate "s. actual bids can he attributed to the fact that both
the Contractor and CEI Firm are currently mobilized on the project sIte and performing
work adjacent to the proposed project.
Based on this, I feel it would be appropnate to accept the Bids for this project.
If you need any addItional information please do not hesitate to calL
Regards
CH2M HILL
. -'<"./
,-,,.--.-
'-.~-_.
Bill Cramer
Project Manager
Agenda Item 1'0. 16C4
November 13, 2007
Page 1 of 12
-
Executive Summary
Recommendation to approve a Commercial Demand Reduction Rider (CDR)
Agreement with Florida Power & Light Company (FP&L) for the electrical service
to the South County Regional Water Treatment Plant (SCRWTP) reverse osmosis
treatment system for a potential annual savings of more than $70,000.
OBJECTIVE: To realize significant savings on electrical power costs while providing
potable water to meet customer demand.
CONSIDERATION: FP&L cun'ently provides power to two separate electrical services
at the SCRWTP; one to the 12-MGD (million gallons per day) lime softening treatment
system, and one to the existing 20-MGD reverse osmosis treatment system.
-
The electrical service to the 12-MGD lime softening treatment system is currently under
an approved FP&L Commercial/Industrial Load Control (CILC) Rate which results in
significant savings (approximately 100/.,) of the electrical utility biJl. To comply with this
savings, the county allows the transfer of the system's electrical load th)m FP&L to the
SCRWTP emergency generators when activated by a FP&L load control relay. This
FP&L protocol is a typical commerciallindustrial operational iIlTangcment te)r facilities
with onsite emergency electrical gencrators. If a FP&L control rclay fails to activate the
plant's emergency generator system, the electrical service would switch back to the
FP&L power. FP&L normally activatcs this featme during times of high electrical peak
demands, which historically has been less than three times a year (worst case is typically
about three hours per occurrence). Not only does the SCRWTP lime softening system
successfully participate in this rate adjustment, but also the N0l1h County Regional Water
Treatment Plant, and both the North and South County Water Reclamation Facilities.
Currently the electrical service to the SCRWTP 20-MGD reverse osmosis system does
not take advantage of the rate reduction agreement that is in place on the 12-MGD lime
softening treatment system. This is due to the recent reverse osmosis treatment system
expansions, electrical service configuration changes, and the need to establish a power
load history/pattern on this separate FP&L service, County staff has negotiated with
FP&L for a similar load control electrical service rate, The specific CILC rate mentioned
above is no longer available from FP&L, but they now offer a similar Rider Agreement.
FP&L has stated that this new agreement should yield an annual savings of 5 to 7 percent
for the SCRWTP 20-MGD reverse osmosis system. This translates to a potential annual
savings of more than $70,000 on electrical power cost.
LEGAL CONSIDERATIONS: This FP&L COR Agreement has been reviewed by the
County Attorney's Office.
-
FISCAL IMPACT: The rates provided by FP&L to the Collier County Water-Sewer
District are the best rates available for large commercial/industrial metered customers.
There is a potential savings of more than $70,000 per year in the Collier County Water-
Sewer District Operating Budget (Fund 4(8). A rate analysis was performed by an
outside consultant to verify that the County is receiving the best available electrical rates
from FP&L.
Executive Summary
FPL Agreement for SCRWTP RO System
ACJBrrda Item [\jo. 'i 6C4
I'-Jovernber 13, 2007
2 af 12
GROWTH MANAGEMENT IMPACT: The project is consistent with and furthers
the goals, objectives, and policies of the Collier County Growth Management Plan,
RECOMMENDATION: That the Board of County Commissioners, as the Ex-officio
Goveming Board of the Collier County Water-Sewer District, approve the FP&L
Commercial Demand Reduction Rider Agreement for the SCRWTP reverse osmosis
treatment system electrical service.
PREPARED BY: Frank Inzano, Field Engineering Inspector, Public Utilities
Engineering Dcpartlnent.
FLORIDA POWER & LIGHT COMPANY
item :'k'. 'Sed-
i..Jovernber ~i 2, .200'7
First Revised Shret NOi'9~495
Cancels Original Sheet No. 9.495
841/ !f<.722-.5:5"22,/
/0JJd # 1,/72333/39
COMMERCIAL/INDUSTRIAL DEMAND REDUCTION RIDER AGREEMENT
This Agreement is made this day of ___ ' by and benveen
Co/;;:~ft.. c;,...".,. 8d' a~ C'p-r"""'1 r ":J-!:.E-.!""~<"tJ~~ (hereinafter called the "Customer"), located at CouI"./"I-r ,k"'40
9-'/ 1'T,<,'c;. /12 in NANE5 ,Florida, and FLORIDA POWER & liGHT COMPANY, a
corporation organized under the laws of the State of Florida (hereinafter called the "Company").
WITNESSETH
For and in consideration of the mutual covenants and agreements expressed herein, the Company and the Customer agree as
follows:
I. rhe Company agrees, to furnish and the Customer agrees to take ejectric service subject to the terms and conditions
of the Company's Commercial Industrial Demand Reduction Rider ("Rider CDR") as currently approved or as may
be modified from time to time by the Florida Public Service Corrunission ("Commission"). The Customer
understands and agrees that, whenever reference is made in this Agreement to Rider COR, both parties intend to refer
to Rider CDR as it may be modified from time to time. A copy of the Company's presently approved Rider CDR is
attached hereto as Exhibit A, and Rider CDR is hereby made an integral part of this Agreement.
"l Ser.:ice under Rider CDR shall continue, suhject to Limitation of Availability, until terminated by.' either the
Company or the Customer upon written notice given at least five (5) years prior to termination.
3. Service under Rider CDR will be subject to detenninations made under Commission Rules 25-17.0021(4), F.A.C.
Goals for Electric Utilities and 25-6.0438, F.A.C., Non-Finn Service -Tenns and Conditions, or any other
Commission determination{s).
4. The Customer agrees to not exceed a usage level of ~ kW ("Firm Demand") during the periods when the
Company is controlling the Customer's service. If the Customer chooses to operate backup generation equipment in
parallel with FPL. the Customer shall enter into an interconnection agreement with the Company prior to operating
such equipment in parallel with the Company's electrical system. The "Finn Demand" level (as applicable) shall not
he exceeded during periods when the Company is controlling load. Upon mutual agreement of the Company and the
Customer, the Customer's "Finn Demand" may be subsequently raised or lowered, so long as the change in the" Firm
Demand" level is not a result of a transfer of load from the controllable portion of the Customers load. The
Customer shall notifY the Company, in wrting, at least ninety (90) days prior to adding finn load.
5. Prior to the Customerts receipt of service under Rider CDR, the Customer must provide the Company access at any
reasonable time to inspect any and all of the Customer's load control equipment and/or backup generation equipment,
and must also have received approval from the Company that the load control equipment and/or backup generation
equipment is satisfactory to effect control of the Customer's load. The Customer shall be responsible for meeting any
applicable electrical code standards and legal requirements pertaining to the installation, maintenance and repair of
the load control equipment and/or backup generation equipment. It is expressly understood that the initial approval
and later inspections by the Company are nol for the purpose of, and the Customer is not to rely upon any such
inspection(s) for, detennining whether the load control equipment and/or backup generation equipmeot has been
adequately maintained or is in compliance with any applicable electrical code standards or legal requirements.
(Continued on Sheet No. 9.496)
Issued by: S. E. Romig, Director, Rates and Tariffs
Effective: November 15,2002
FLORIDA POWER & LIGHT COMPANY
Agenda !rsrTl t'Jo. '16C4
November 13^ 2007
Second Revised Sllset f.<a.f 91496
Cancels First Revised Sheet No. 9.496
(Continued from Sheet No. 9.495)
6. The Customer agrees to be responsible for the determination that all electrical equipment to be controlled and/or backed up is in
good repair and working condition. The Company shall not be responsible for the repair. maintenance or replacement of the
Customer's equipment.
7. Within two (2) years of this Agreement, the Customer agrees to (i) perfonn the necessary changes to allow control ofa portion of
the Customer's load and/or (ii) install or have in place backup generation equipment to contribute to the demand reduction level.
Should the Customer fail to complete the above work by the above-specified date. or should the Customer fail to begin taking
service under Rider CDR during that year, this Agreement shall become null and void unless otherwise agreed by the Company.
R. Upon completion of the installation of the load control equipment and/or backup generation equipment, a test of this equipment
will be conducted at a mutually agreeable time and date. "Ibis time and date shall typically be within the Controllable Rating
Period unless otherwise agreed by the Company. Notice of the test shall be provided to the Company at least five (5) business
days in advance ortht: date of the test. ;md the Company shall be afforded the opportunity to witness the test. TIle lest of the load
control equipment will consist of a period ofload control of not less than one hour. Effective upon the completion of the testing
of the load control equipment and/or hackup generation equipment, the Customer will agree to a "Firm Demand". Ser.'ice under
Rider COR cannot commence prior to the installation of load control equipment or any necessary back.'Up generation equipment
and the successful completion of the test.
9. In order to minimize the frequency and duration of intemlplions under the Commercial Industrial Demand Reduction Rider. the
Company will attempt to obtain rea<;onab!y available additional capacity and/or energy under the Continuity of Service Provision
in Rider CDR. The Customer ~lcct to continue taking service under the Continuity of Service Provision. Service
will be provided only if capacity and/or energy can be obtained hy the Company and can be transmitted and distributed 10 noo-
finn Customers without any impainncnt of the CompilllY's system or service to firm Customers. The Customer may countennand
the election specified sbove by providing written notice to the Company pursuant to the guidelines set forth in Rider COR. The
Company's obligations under this Section 9 arc subject to the terms and conditions specifically set forth in Rider CDR.
10. The Company may terminate this Agreement at any time if the Customer's load control equipment ancVor bach."l1p genemtion
equipment fails to permit tbe Company to effect control of the Customer's load. Prior to any such tennination, the Company shall
notify the Customer at lea<;.t ninety (90) days in advance and describe the failure or malfunction of the Customer's load control
equipment ancVor backup generation equipment. ll1.e Company may then tenninate this Agreement at the end of the 90-day
notice period unless the Customer takes measures necessary to remedy, to the Company's satisfaction, the deficiencies in the load
control equipment anellor backup generation equipment. Notwithstanding the foregoing, if at any time during the 90~day period,
the Customer either refuses or fails to initiate and pursue corrective action, the Company shall be entitled to suspend forthwith the
monthly credit under Rider CDR, bill the Customer under the otherwise applicable finn service rate schedule, and to apply the
rebilling and penalty provisions enumerated under "Charges for Early Termination" in Rider COR.
II. The Customer agrees that the Company will not be liable for any damages or injuries that may occur as a result of control of
electric service pursuant to the terms of Rider CDR by remote control or otherwise. and/or installation, operation or maintenance
of the Customer's generation equipment to meet the Firm Demand level.
12. This Agreement supersedes all previous agreements and representations. either written or oral, heretofore made between the
Company and the Customer with respect to matters herein contained.
13. This Agreement may not be a<;.signed by the Customer without the prior mitten consent afthe Company. The Customer shall, at
a minimum, provide to the Company a copy of the articles of incorporation or partnership agreement of the propo::>ed assignee,
and a copy of such assignee's most recent annual report at the time an assignment is requested.
14. This Agreement is subject to the Companys "General Rules and Regulations for Electric Service" and the Rules of the
Commission.
(Continued on Sheet No. 9.497)
Issued by: S. E. Romig, Director, Rates and Tariffs
Effective: March 30, 2004
"~
FLORIDA POWER & LIGHT COMPANY
Agenda Item No. 16C4
November 13, 2007
First Revised lSIiilCl Nll.f <$.'197
Cancels Original Sheet No, 9.497
(Continued from Sheet No, 9.496)
fN WITNESS WHEREOF, the Customer and the Company have caused this Agreement to be duly executed as of the day
and year first above written.
CUSTOMER (private)
Comp~~
-------
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/
FLORIDA POWER & LIGHT COMPANY
Signed: ,~<~ A4~_.~~._~
Signed:_____
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Name;-.€F/V~-!/o ,.'.?L--'1.J-G,tVC#4
ritle: r-:>R06_:5..~~__ .4-fA/V4C~/2
Name:
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T~_______
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ATTEST
Dwight E. Brock, Clerk
BOARU OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BOARD OF COLLIER COUNTY
AND AS EX-OFFICIO THE GOVERNING
BOARD OF THE COLLIER COUNTY WATER-
SEWER DISTRICT.
By:
By:
James Coletta, Chairman
Deputy Clerk
Approved at to form an[:fegal sufficiency:
By: Ir1J1\^ /A.h~
\0 J/I_ V ALIM '- V , Assistant County Attorney
Issued by: S. E. Romig. Director, Rates aod Tariffs
Effective: March 7, 2003
C)(/f/d/7 A"
FLORIDA POWER & LIGHT COMPANY
Aqenda Item 1\10. 16C4
- Novernber 13. 2007
Fifth Revised !;114illt III ",181680
Cancels Fourth Revised Sheet No. 8.680
COMMERCIAL/INDUSTRIAL DEMAND REDUCTION RIDER (CDR)
(OPTlONAL)
A V ATLABL_E:
In all territory served. Available to any commercial or industrial customer receiv1ng service under Rate Schedules GSD-l, GSDT-I, GSLD~I,
GSLDT-l, GSLD-2, GSLDT-2, GSLD-3, GSLDT-3, or HLFT through the execution of a CommerciaVlndustrial Demand Reduction Rider
Agreement in which the load control provisions of this rider can feasibly be applied.
LIMIT A TlON OF A V AILABtLITY:
This Rider may be modified or withdrawn subject to determinations made under Commission Rules 25-17.0021(4), F.A.C., Goals for Electric
Utilities and 25-6.0438, F.A.C., Non-Finn Elecoic SerYice - Terms and Conditions or any other Commission determination.
APPLICA UQ"!.;
For electric service provided to any commercial or industrial customer receiving service under Rate Schedule GSD-I, GSDT.l, GSLD-l,
GSLDT-I, GSLD-2, GSLDT-2, GSLD.3, GSLDT.3. or HLFT who as a part of the CommerciaVlndustrial Demand Reduction Rider Agreement
between the Customer and the Company. agrees to allow the Company to contra] at least 200 kW of the Customer's load, or agrees to operate
Backup Generation Equipment (see Definitions) and designate (If applicable) additional controllable demand to serve .at least 200 kW of the
Customer's own load during periods when the Company is controlling ioad. A Customer shall enter into a CommerciaVindustrial Reduction
Demand Rider A!,'Tecment \'11th the Company to he eligib]e for this Rider. To establish the initial qualification for this Rider, the Customer must
have had a Utility Controlled Demand during the summer Controllab]e Rating Period (April 1 through October 31) for at least three out of seven
months of at least 200 kW greater than the Fiml Demand level specified in Section 4 of the CommerciaVlndustrial Demand Reduction Rider
:\grecmcnt. The Utihty Controlled Demand shall not be served on a finn service basis until service has been terminaled under this Rider,
bIMITAI]O'l OF SERVtCE:
Customers participating in the Genera] Service LO<ld Management Program (FPL "Business On Call" Program) are not ellglb]e for this Rider.
MONTHL Y RATE:
All rates and charges under Rate Schedules GSD-l, GSDT-l, GSLD-l. GSLDT-l, GSLD-2. GSLDT-2, GSLD-3, GSLDT-3, HLFT shall apply,
In addition. the applicable Monthly Administrative Adder and Utility Controlled Demand Credit shall apply.
MONTHLY ADMINISTRA TNE ADDER:
Rate Schedule
GSD-I, HLFT (21-499 kW)
GSDT-l, HLFT (21-499 kW)
GSLD-I, GSLDT-l, HLFT (500-1,999 kW)
GSLD-2, GSLDT-2, HLFT (2,000 kW or greater)
GSLD-3, GSLDT-3
Adder
$53432
$528.18
$528.64
$406.65
$2,647.98
UTILITY CONTROLLED DEMAND CREDIT:
A monthly credit of$4.68 per kW is allowed based on the Customer's Utility Controlled Demand.
UTILITY CONTROLLED DEMAND:
The Utility Controlled Demand for a month in which there are no load control events during the Controllable Rating Period shall be the sum of the
Customer's kWh usage during the hours of the applicable Controllable Rating Period, divided by the total number of hours in the applicable
Controllable Rating Period, less the Customer's Firm Demand.
In the event of Load Control occurring during the Controllable Rating Period, the Utility Controlled Demand shall be the stun of the Customer's
k\Vh llSage during the hours of the applicable Controllable Rating Period less the sum of the Customer's kWh usage during the Load Control
Period, divided by the number of non-load control hours occurring during the applicable Controllable Rating Period. less the Customer's Firm
Demand.
(Continued on Sheet No, 8.681)
Issued by: S. E. Romig, Director, Rates and Tariffs
Effective: May 1, 2007
.,---
FLORIDA POWER & LIGHT COMPANY
Agenda Item NO.16C4
November 13. 2007
Second Revised Sh~ N<1If8'.~81
Cancels First Revised Shcet No. 8.681
(Continued from Sheet No. 8,680)
CONTROLLABLE RATING PERIODS;
November I throulrll March 31: Mondays through Fridays during the hours from 6 a.m. to 9 a.m. excluding Thanksgiving Day, Christmas Day,
and New Year's Day.
Am;! I throuRh October 31: Mondays through Fridays during the hours from 3 p.m. to 6 p.m. excluding Memorial Day. Independence Day, and
Labor Day.
FIRM DEMAND;
The Customer's monthly Finn Dem<Uld shall be the lesser of the "Finn Demand" level specified in the CommerciallIndustrial Demand Reduction
Rider Agreement with the Company, or the Customer's maximum demand during the applicable Controllable Rating Period. The level of "Finn
Demand" specified in the Commercialllndustrial Demand Reduction Rider Agreement shall not be exceeded during the periods when the
Company is controlling the Customer's load.
LOAD CONTROL;
Control Condition:
The Customer's contrOllable load served under this Rider is subject to control when such ,..ontrol ulleviates any emergency conditions or capacity
shortages, either power supply or transmission, or whenever system load, actual or projected, would othervvise require the peaking operation of
the Company's generators. Peaking operation entails taking base loaded units, cycling units or combustion turbines above the continuous rated
outpul, whicb may overstress the generators.
Frequency: The Control Conditions will typically result in less than fifteen (15) Load Control Periods per year and will not exceed twentYMfive
(25) Load Control Periods per year. Typically, the Company will not initiate a Load Control Period within six (6) hours of a previous Load
Control Period.
"'--..\
JiQ.tice: The Company will provide one (1) hour's advance notice or more to a Customer prior to controlling the Customer's controllable load.
Typically, the Company will provide advance notice of four (4) hours or more prior to a Load Control Period.
Duration: The duration of a single Load Control Period will typically be three (3) hours and will not exceed six (6) hours.
In the event of an emergency, such as a Generating Capacity Emergency (see Definitions) or a major disturbance, greater frequency, less notice,
or longer duration than listed above may occur. If such an emergency develops, the Customer will be given 15 minutes' notice. Less than 15
minutes' notice may only be given in the event that failure to do so would result in loss of power to firm service customers or thc purcha'\c of
emergency power to serve firm service customers. The Customer agrees that the Company will not be liable for any damages or injuries that may
occur as a result of providing no notice or less than one (I) hour's notice.
Customer Resoonsibilitv:
Upon the successful installation of the load concrol equipment, a test of this equipment will be conducted as specified in the CommerciaV
Industrial Demand Reduction Demand Rider Agreement. Testing will be conducted at a mutually agreeable lime and date. This time and date
shall typically be within the Controllable Rating Period unless otherwise agreed by the Company.
The Customer shall be responsible for providing and maintaining the appropriate equipment required to allow the Company to electrically control
the Customer's load, as specified in the Cornmercialllndustrial Demand Reduction Rider Agreement.
The Company will control the controllable portion of the Customer's service for a oneMhour period (typically within the Controllable Rating
Periods) once per year for Company testing purposes on the first Wednesday in November or, ifnot possible, at a mutually agreeable time and
date, if the Customer's load has not been successfully controlled during a load control event in the previous twelve (12) months. Testing purposes
include the testing of the load control equipment to ensure that the load is able to be controlled within the agreed specifications.
LOAD CONTROL PERIOD:
All hours established by the Company during a monthly billing period in which:
1. the Customer's load is controlled, or
2. the Customer is billed pW"Suant to the Continuity of Service Provision.
(Continued on Sheet No. 8.682)
Issued by: S. E. Romig, Director, Rates and Tariffs
Effeetive: March 30, 2004
FLORIDA POWER & LIGHT COMPANY
,(\,genda item [\)0. -1 CC4
November 13. ?OOl
Second RevisedlSliilCl ~M!I.<<82
Cancels First Revised Sheet No. 8.682
(Continued from Sheet No. 8.68 t)
PROVISIONS FOR ENERGY USE DURING CONTROL PERIODS:
Customers notified of a load control event should not exceed their Firm Demand during periods when the Company is controlling
load. However, electricity will be made available during control periods if the Customer's failure 10 meet its Finn Demand is a
result of one of the following conditions:
1. Force Majeure events (see Definitions) which can be demonstrated to the satisfaction of the Company. or
2. maintenance of generation equipment necessary for the implementation of load control which is pcrfonncd at a pre-
armnged time and date mutually agreeable to the Company and the Customer (See Special Provisions), or
3. adding firm load that wa<; not previously non-finn load to the Customer's facility, or
4 an event affecting local, state or national security. or
5 an event whose nature requires that space launch activities be placed in the critical mode (requiring a closcd~loop
configuration of FPL's transmission system) as designated and documented by the NASA Test Director at Kennedy Space
Center and/or the USAf Range Safety Officer at Cape Canaveral Air Force Station.
The Customer's energy use (in excess of the Firm Demand) for the conditions listed above will be billed pursuant to the
Continuity of Service Provision. For periods during which power under the Continuity of Service Provision is no longer
available, the Customer \viIJ he hilled, in addition 10 the normal charges provided hereunder, the b'Tcatcr of the Company's .A.s~
Available Energy cost. or the most expensive energy (calculated on a cents per kilo\'\.:att~hour ha')is) that FPL is purcha.')ing or
selling during that period, less the applicable class fuel charge. As-Available Energy cost is the cost calculated for Schedule
COG~ 1 in accordance with FPSC Rule 25~17.0825. F.AC.
If the Company detennines that the Customer has utilized one or more of the exceptions above in an excessive manner, the
Company will terminate service under this rider as described in TERM OF SERVICE.
If the Customer exceeds the Finn Demand during a period when the Company is controlling load for an,y reason other than those
specified above, then the Customer will be:
1, billed a $4.68 charge per kW of excess kW for the prior sixty (60) months or the number of months the Customer has been
billed under this rider, whichever is less, and
2. billed a penalty charge of$O.99 per kW of excess kW for each month of rebilling.
Excess kW for rebilling and penalty charges is determined by taking the difference between the Customer's kWh usage during the
load control period divided by the number of hours in the load control period and the Customer's "Finn Demand". The Customer
will not be rebilled or penalized twice for the same excess kW in the calculation described above.
( Continued on Sheet No. 8.683 )
Issued by: S. E. Romig, Director, Rates and Tariffs
Effeetive: January 1,2006
~
FLORIDA POWER & LIGHT COMPANY
."genda Item No. 16C4
November 13, 2007
First RevisedlSlt~et Nofll.B83
Cancels Original Sheet No. 8.683
( Continued from Sheet No. 8.682 )
TERM OF SERVICE:
During the first year of service under this Rider, the Customer will determine whether or not this Rider is appropriate for the Customer
and may request to exit the program subject to the Provisions for Early Termination. It is intended that the Company will continue to
provide and the Customer will continue to take service under this Rider for the life of the generating unit which has been avoided by the
Rider. There is, however, a five-year termination notice provision which will allow either the Customer or the Company to tcnninate
service under this Rider should there be circumstances under which the termination of the Customer's participation or the Company's
offering of this Rider is desired.
Service under this Rider shall continue, subject to Limitation of Availability, until terminated by either the Company or the Customer
upon written notice given at least five (5) years prior to tcnnination.
The Company may terminate service under this Rider at any time for the Customer's failure to comply with the terms and conditions of
this Rider or the Commercial Industrial Demand Reduction Rider Agreement. Prior to any such tcnnination, the Company shall notify
the Customer at least ninety (90) days in advance and describe the Customer's failure to comply. The Company may then tenninate
service under this Rider at the end of the 90-day notice period unless the Customer takes measures necessary to eliminate. to the
Company's satisfaction, the compliance deficiencies described by the Company. Notwithstanding the foregoing, if. at any time during
the lJO-day period, the Customer either refuses or fails to initiate and pursue corrective action. the Company shall be entitled to sllspend
forthwith the monthly credits under this Rider and bill the Customer under the othcf\vise appiicab1c firm ~cr.'icc rate schedule.
PROVISIONS FOR EARLY TERMINATION:
Tennination of this Rider, with Jess than five (5) years' written notice, for \".,hich the Customer would qualify, may be permitted jfil can
he shown that such tennination is in the best interests ufthe Customer, the Company and the Company's other customers.
If the Customer no longer wishes to receive electric service in My fonn from the Company, or decides 10 cogenerate to serve aJl of the
previously Utility Controlled Demand and to take interruptible standby service from the Company, the Customer may terminate the
Comrnerciallndustrial Demand Reduction Agreement by gi....ing at least thirty (30) days' advance written notice to the Company.
If service under this Rider is terminated for any reason, the Customer win not be rcbilled as specified in Charges for Early Termination if:
a. it has been demonstrated to the satisfaction of the Company that the impact of such transfer of service on the economic cost-
effectiveness of the Company's Commercialllndustrial Demand Reduction Rider is in the best interests of the Customer, the
Company and the Company's other customers, or
b. the Customer is required to terminate this Rider as a result of Commission Rule 25-6.0438, F.A.C., or a Commission decision
pursuant to this rule, or
c. the tennination of service under this Rider is the result of either the Customer's ceasing operations at its facility (without
continuing or establishing similar operations elsewhere in the Company's service area), or a decision by the Customer to cogenerate
to serve aU of the previously utility controlled load and to take intenuptible standby service from the Company, or
d. any other Customer(s) with demand reduction equivalent to, or greater than, that of the existing Customer(s) agrcc{s) to take
service under this Rider and the MW demand reduction commitment to the Company's Generation Expansion Plan has been met
and the new replacement Customer(s) has (have) the equipment installed and is (are) available to perform load control, or
e. FPL determines that the Customer's MW reduction is no longer needed in accordance with the FPL Numeric
ConunerciaVlndustrial Conservation Goals.
( Continued on Sheet No. 8.684 )
Issued by: S. E. Romig, Director, Rates and Tariffs
Effective: November 15,2002
FLORIDA POWER & LIGHT COMPANY
/\qenda Item ~~o. 1 GC4
, November 13. 2007
Second ReviselP!ilDO'e~ fi/",f81684
Cance s irst Revised Shee No. 8.684
(Continued from Sheet No. 8.683)
In the event the Customer pays the Charges for Early Tennination because no replacement Customer(s) is (are) available as specified in
paragraph d. above, but the replacement Customer(s) does(do) become available within twelve (12) months from the date of termination of
service under this Rider or FPL later detennines that there is no need for the MW reduction in accordance with the FPL Numeric
CommerciaVIndustrial Conservation Goals, then the Customer will be refunded all or part of the rebilling and penalty in proportion to the
amount of MW obtalned to replace the lost capacity less the additional cost incurred by the Company to serve those MW during any load control
periods which may occur before the replacement Customer(s) became available.
~harees for Earlv Termination:
In the event that:
a) service is terminated by the Company for any reason(sl specified in this section, or
b) there is a tennination of the Customer's existing service and, within twelve (12) months of such termination of service, the Company
receives: a request to re-establish service of similar character under a firm service or a curtailable service rate schedule, or under this rider
with a shift from non-firm load to firm service,
i) at a difterent location in the Company's service area, or
ii) under a different name or different 0\\TIership, or
iii) under other circumstances whose el1cct would be to increase fiml demand on the Company's system without the requisite five (5)
years' advance written notice, or
c) the Customer transfers the controllable portion of the Customer's load to "Firm Demand" or to a firm or a eunailable service rate schedule
,.vithout providing at least five (5) years' advance \.vriUen notice,
then the Customer will be:
1. rchilled $4.68 per kW of Utility Controlled Demand for the shorter of (a) the most recent prior sixty (60) months during which
the Customer was billed for service under this Rider, or (b) the number of months the Customer has been billed under this
Rider, and
2. billed a penalty charge of$0.99 per kW of Utility Controlled Demand times the number of months rebilled in No.1 above,
SPECIAL PROVISIONS'
I. Control of the Customer's load shall be accomplished through the Company's load management systems by use of control circuits
connected directly to the Customer's switching equipment or the Customer's load may be controlled by use of an energy management
system where the firm demand level can be established or modified only by means of joint access by the Customer and the Company.
2. The Customer shall grant the Company reasonable access for installing, maintaining, inspecting, testing and/or removing Company-
owned load control equipment.
3. It shall be the responsibility of the Customer to determine that all electrical equipment to be controlled is in good repair and working
condition. The Company will not be responsible for the repair, maintenance or replacement of the Customer's electrical equipment.
4. The Company is not required to install load control equipment if the installation cannot be economically justified.
5. Credits under this Rider will commence after the installation, inspection and successful testing of the load control equipment,
6. Maintenance of equipment (including generators) necessary for the implementation of load control will not be scheduled during
periods where the Company projects that it would not be able to withstand the loss of its largest unit and continue to serve firm
service customers.
( Continued on Sheet No. 8.685 )
Issued by: S. E. Romig, Director, Rates and Tariffs
Effective: January 1,2006
FLORIDA POWER & LIGHT COMPANY
Agenda Item No. 16C4
November 13. 2007
First Revise!l'S!!eel Nmf 8:G'll5
Cancels Original Sheet No. 8.685
( Continued from Sheet No. 8684 )
CONTINUITY OF SERVICE PROVISION:
In order to minimize the frequency and duration of interruptions, the Company will attempt to obtain reasonably available additional
capacity and/or energy during periods for which interruptions may be requested. lbe Company's obligation in this regard is no different than
its obligation in general to purchase power to serve its Customers during a capacity shortage; in other words, the Company is not obligated to
aCcoWlt for, or otherwise reflect in its generation planning and constmction, the possibility of providing capacity and/or energy under this
Continuity of Service Provision. Any non~firm customers so electing to receive capacity and/or energy which enable(s) the Company to
continue service to !he Customer's non~finn loads during these periods will be subject to the additional charges set forth below.
In the event a Customer elects not to have its non. firm load interrupted pursuant to this Rider, the Customer shall pay, in addition to the
normal charges provided hereunder, a charge reflecting the additional costs incurred by the Company in continuing to provide service, less
the applicable class fuel charge for the period during which the load would otherwise have been controlled (see Shl.::et No. 8.030). 111is
incremental charge shall apply to the customer's non-firm load for all consumption above the Customer's Finn Demand during the time in
which the non.firm Inad would otherwise have been controlled. If, for any reason during such period, this capacity andlor energy is (are) nu
longer available or cannot be accommodated by the Company's system, the terms of this Continuity of Service Provision will cease to apply
and interruptions will be required for the remainder of such period unless energy use is for one of the conditions outlined under "Provisions
for Energy Use During Control Periods".
Any customer served under this Rider may eject to minimize the interruptions through the procedure described above. The initial election
must he made in the Commercial/Industrial Demand Reduction Agreement. Any adjustment or change to the election must be provided to
the Company with at least 24 hours' v.Titten notice (not including holidays and weekends) and must be by mutual agreement, in v.riting,
between the Customer and the Company. In such case, the written notice will replace any prior election with regard La this Continuity of
Service Provision.
RULES AND REGULATIONS,
Service under this rider is subject to orders of governmental bodies having jurisdiction and to the currently effective "General Rules and
Regulations for Electric Service" on file with the Florida Public Service Commission. In case of conflict between any provision(s) of this
rider and said "General Rules and Regulations for Electric Service", the provision(s) of this rider shall apply.
DEFlNITIONS,
Generating Capacity Emergency:
A Generating Capacity Emergency exists when anyone of the electric utilities in the state of Florida has inadequate generating capability,
including purchased power, to supply its firm load obligations.
Force Majeure:
Force Majeure for the purposes of this rider means causes not within the reasonable control of the Customer affected and not caused by the
negligence or lack of due diligence of the Customer. Such events or circumstances may include acts of God, strikes, lockouts or other labor
disputes or difficulties, wars, blockades, insurrections, riots, environmental constraints lawfully imposed by federal, state, or local
govemmenLaI bodies, explosions, fires, floods, lightning, wind, accidents lo equipment or machinery, or similar occurrences.
Backup Generation Equipment:
Backup generation equipment shall be Customer-provided generation equipment and switch gear. This generation equipment will be
utilized for emergency purposes, including periods when the Company is controlling load.
Issued by: S. E. Romig, Director, Rates and Tariffs
Effective: November 15,2002
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Aqenda Item f\lo. 16C5
, l;Jovernber 13, 2007
Page 1 of 12
Executive Summarv
Recommendation to approve the purchase and installation of four Allen-Bradley
Variable Frequency Drives from Rexel/Mader in the amount of $464,585.00 for the
Carica Road Pump Station VFD and Electrical System Upgrades, Project Number
710601.
OBJECTIVE: The public purpose of this project is to improve the reliability of the
Water Department Carica Pump Station, to mcct operational needs, to meet the demand
tor potable water, and to stay in compliance with regulatory requirements,
CONSIDERATION: The Carica Foad Pump Station consists of two nve-million gallon
ground storage tanks and [()ur pumps. The tanks store potable watet. produced at the
North County Regional Water Treatm,~nt Plant. The pumps arc used to transfer water
ti'om the tanks and boost its pressure to supply the n01thcrn portions 0[' the water district.
.-
Yariable Frequency Drives (YFOs) arc: used to control the speeds of the pumps in the
Carica Road Pump Station. T'he I(mr existing \lFDs, while operable, arc over fifteen
years () Id and arc difficult to maintain and repair. The Environmental Protection
Agency's (EPA) Asset Management lIandhook .IiJr Small Water Sl'stems (September
20(3) states that the useful lite 0 f eleett'ical systems is seven to ten years, indicating that
the Carica VFDs are currently highly prone to failure. Obtaining replacement parts for
the units has been increasingly diificulI as they have been rendered obsolete by the
manufacturer. Without reliable YFDs, the pumps may not operate when required,
compromising the County's ability to meet the potable water demand.
To address these concems, the water depm1ment intends to purchase and install new
VFDs to control the pumps at the Carica Road Pump Station. Electrical design
consultant, RKS Engineering, Inc., developed plans and specifications for the installation
of the new Allen-Bradley VFDs under work order number RKS-FT -3681-07-04.
Over the past several years, the Board of County Commissioners (Board) has approved
the purchase of sole-sourced YFDs from Allen-Bradley on: September 10,2002, Agenda
Item 16(C) 1 0; March 8, 2005, Agenda Item I Off); and September 29,2005, Agenda Item
10(0), at both water and wastewater facilities. This request is a continuation of the same
strategy to standardize on Allen-Bradley VFDs. FUl1her justification lor this sole-source
purchase is as follows:
--
. Common spare parts with existing VFDs in other County watcr and wastewater
facilities.
. Reduced training costs as the proposed YFDs are of the same technology as those
used in other water and wastewater facilities.
Aaenda itf;m I'~o^ IDeS
~ Novernber Ar3, :2007
F~af,lH 2 of 'I ;~
The distributor of record, Rexel/Mader, is recognized as tbe exclusive distributor for
Allen-Bradley products. per the attached letter of September 5, 2006. RexellMader
proposes to provide materials. inslallation, software development, engineering, start-up
services, preventative maintenance guidelines. and spare parts.
StaH' has reviewed this proposal, finds the price to be fair and reasonable, and
recommends award. The design engineer of record also finds the pricing to be fair and
reasonable and recommends award. see attachments.
On Junc 6, 2006, as Agenda Item IO(B), tbe Board adopted the 2005 Water Master Plan
Update that identified the requirement felr upgrading the Carica Road Pump Station. The
proposed scope of work is consistent with tbe 2005 Water Master Plan Update, Project
2006-49 (now identified as project number 71(601), "Carica Pump Station VFD and
Electrical System Upgrades". Section 8. Taok 8-2, page 5 of 5. linc 141.
FISCAL IMPACT: Funding is availablc in and is consistent with tbe FY08 Capital
Budget approved by the Board on Scptemocr 20, 2007. The source of funding is the
Water Uscr Fee Fund (412/.
GROWTH MANAGEMENT IMPACT: This project is consistent with and fUl1hers
the goals, objectives and policies oftbe Collier County Growth Management Plan.
RECOMMENDA TION: That the Board of County Commissioners, Ex-officio the
Govel11ing Board of the Collier County Water-Sewer District, approve the purchase and
installation of flmr Allen-Bradley Variable Frequency Drives f]"om RexellMader in the
amount of$464,585.00.
PREPARED BY: Tom Chmelik, P.E., Senior Project Manager, Public Utilities
Engineeling Department.
",-
Item Number:
Item Summary:
Meeting Date:
Page 1 of 1
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file://C:\A~elldaT est\Export\92- Novcmbcr%20 13,%202007\ 16,%,20CONSENT%20AGEN..
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Sep 05 06 08:36a
Rockwell Automation
941-723-5264
Rockwell AutomatiOll
T ~ Regional Office
5820 WesI c,..... Street. Suite E
T _a, FL 33607 USA
T~ 1.81l.2l!9.5J20 Fax 1.813.289.4716
www.rockwetIllUtr:malion.cc:m
Rockwell
i~1Z;t~m~M@~
Sop 5th, 2006
Collier County Water Distributioa
4370 Mercantile Ave
Naples,FL 34104
},,1rPimsi,
"Ibank you tor }"OUl mtcrcst inAUcn.-UDld1~y pmducu;. Allcn-Bradlcy's distributor net'V,rork i::. se.t up with om::
&'i tributur pet Are-OJ of Primary Respons.ibility (APR). /\ n A PR is a geogntphical area that each dis-tcibutor .is
authorized to sell in. TIus approach allows ..Wen-Bradley to partner vcrr dosdy with the aumo.cizeci
distributor. Each distributor lS rcqu.1Ccl1 to have T echO-ieal Product SpccialiSb$. e..'{tenslve p:rociuct rraining, and
substantia! inventory c:ommttmcnt. We beJjev~ tills di.<;tribntlOD apprcl2.ch p:::ovides the ~est level or service
ano cornmlttIlcnt to our ~l.tsmmen. Tbe :l.uthow...cd distributor in your county (or) area is:
Rexc~ Ine
7260 15'" Street Eas,
Sat~sot2. FL 34243
Pbone: (941) 360-8298
Fax: (941) 36(l.0400
I \t"ould he bappy to disooss our distribution philosopby in more detail or answer any questions that you may
have. Ple1Se do not hesita.te to oaU me at (813)289-5320. I look fONraro to hearing from you.
Best Regards,
ROCKWELL ,~UTOMATION
Kevin SaIm
Channel Sales Engineer
Cc: T erty Sages (Rocku:dl Automation Account Sa.k:s Rep)
Paul. Martin (Rcod Aecount s.Jes Rep)
~ Allen-Bradley
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__ MADER
Agenda item [\Jo. 'i 6C5
November 13. 2007
Pags 6 of 12
\1 () T 0 i{
"
IX
CO''',' "r" !{ () L
October 1, 2007
Collier County Utilities
Mr. Tom Chmelik
3301 East Tamiami Trail, Bldg. H
Naples, FL 34112
Dear Mr. Chmelik,
Thank you for the opportunity to quote the Carica Road Pump Station
drives upgrade. There are four existing Allen Bradley model 1352 drives installed
at the Carica Road Pump Station. This project is to upgrade the existing
technology to new, 18 pulse, PowerFlex700H variable frequency drives per the
attached RKS plans and specifications dated September 6, 2007.
Drive Conversion:
Services Included:
. Remove and dispose of the existing four 1352 drives.
. Install new PowerFlex700H Variable Frequency drives
o Connect line power
o Connect motor wires
o Connect ground wires
o Connect rtd wires
o Connect motor heater wires
. Remove all control wires from conduit between the VFD cabinet and the
PLC cabinet
. Install an Ethernet cable between the PLC cabinet and the VFD cabinet,
terminating it on the Ethernet card on the new VFD.
. Install motor terminator at the motor conduit box. Unit is supplied with 6
feet of SO cord.
. Verify all power and control wiring
. Verify RTD operation on all drives
. Wire RTD alarm contact to digital input #4 on VFD (24 VDC power
supplied by VFD)
. Wire RTD fault contact to digital input #5 on VFD (24 VDC power supplied
by VFD)
. Supply wire, cables, and hardware required to accomplish the above work.
. Provide startup assistance on all drives
o Verify control wiring
o Verify Ethernet cables
o Verify power wiring
o Provide drive startup
. Provide final documentation
_ MADER :1
Aoenda Item No. 16C5
"November 13. 2007
Page 7 of 12
MOTOR & CO~TROL
o Attend a pre-installation meeting to establish and document and
installation sequencing plan.
o Provide a new 5-port minimum DIN rail mount Ethernet managed switch
and all required patch cables. MOXA or equal.
o Provide PLC programming to establish Ethernet communications, control,
and data transfer with the new VFDs.
o Provide local OIT (RSView ME) programming to remap existing monitoring
and control points and to add new monitoring points available from the
Ethernet link.
o Provide PLC programming to control and monitor the new VFDs over the
new Ethernet link. This will include disabling the existing hardwired
control logic and remapping the new Ethernet control points to the existing
logic.
o At the South Regional WTP. provide iFix HMI programming to display,
alarm and trend all new data monitoring points provided by the new
Ethernet communications link to the VFDs and confirm that all remapped
points are functioning properly. Also provide and/or duplicate as required,
on the North WTP and PUOC all changes made.
o Provide updated as-built CAD drawings. Only those sheets which have
been changed need to be updated. Provide to the County and Engineer
for insertion into existing O&M manuals.
o Provide updates to the existing software operations manual to include new
control and monitoring points.
o No report modifications are included in this proposal.
_ MADER
f-'\genda itern r'~o. 'i 6C5
November 13, 2007
Page 8 of 12
\1 {J 1 () J\
('.,
'-\.
( 0 '\1' i{ (1 L
Material Included:
Qty Part#
4 Configured
Description
Bul. PF700H 400Hp VFDs
-18 PULSE FRONT END WiAUTO XFMR
- HUMAN INTERFACE MODULE: DOOR MT
- INTERNAL COMM MODULE: ETHERNET
- liO OPTIONS: STANDARD CONTROL-24 VDC
- ND NORMAL DUTY
- CONTROL POWER TRANSFORMER
- FAN CONTROL
- ENCLOSI'RE NAMEPLATE
- DRIVE FA UU RLLA Y
- DRIVE RUN RELAY
- MOTOR SPACE HIATER, REMOTE PWR
. RTD MONITOR. 10 OHM COPPFR
- INPIIT CIRU :If BREAKER
- AIITO'MANCAL sa SWIICII
SOOT OPERATOR
DRIVE RUN P1.. gOOT
. CON I ROL POWER ON P.I . SOOT
- ELAPSED TIME METER
- GF rRANQIiIl.1 I !(iHTNING ARRESTOR
- IT.RMINAL STRIP FOR RTD & MTR IITR
- OU IPIIT POWER TERMINALS
- DRIVE LAYOUTS MODIFIED TO MATCH CONDUIT
ENTRANCES OF EXISTING CONDUITS
- (2) 10" WIDE BLANK ENCLOSURES
- MINIMUM SPARE PARTS
4
1204-TFB2
Motor Terminators
Aoen,ja Item No. i6e5
~ November 13, 2007
Page 9 of 12
.-m MADER
~v10J()I\ s~- (~'(l;-...:li{OL
Pricing for Drive Conversion:
. Listed Materials - $298,850.00
. Electrical Contractor - $ 66,600.00
(Installation services provided by American Electric)
. Software Development - $ 30,100.00
(Services provided by Rocha Controls)
. Engineering, PM, and Startup - $ 18,500.00
(Provided by Rockwell Automation)
. Optional full set of spare parts - $ 20,535.00
. Contingency - $30,000.00
Total for above Scope of Work: $ 464,585.00
Notes:
FOB factory, freight prepaid and allowed. Net 30 terms. Delivery is
approximately 12-16 weeks ARO.
We hope you find this proposal favorable. If you have any questions or
comments call Paula Martin at Rexel Mader (941.360.7025 or mobile
941.915.0824). Please issue purchase order to Rexel Mader, the authorized
Rockwell distributor for SW Florida.
Rexel Mader
7260 15th Street East
Sarasota, FL 34243
Sincerely,
Jeff Lenfest
Rockwell Automation
Technical Specialist
Paula Martin
Rexel Mader
Sales
cc: Terry Sages Quote#: 1292 v03
cc: Frank Inzano, Collier County Utilities
RHS
Consulting Engineers, Inc.
Electrical, Instrumentation & Control Design
A.genda Item I~o. 16C5
November 13, 2007
Page 11 of 12
November 6, 2007
Mr. Tom Chmelik
Senior Project Manager
Collier County Public Utilities Engineering Department
4370 Mercantile Avenue
Naples, Florida 34104
Reference: CCUD Carica Road Pump Station VFD Replacement and Electrical Upgrades.
Dear Tom:
RKS has reviewed the 10-1-07 Rexel/Mader proposal for the VFD upgrades at the Carica Pump
Station. The proposed total amount is $464,585.00. This total Includes a $30,000.00
contingency and $20,535.00 of extended spare parts. We typically do not include contingencies
and spare parts within the cost evaluation. Subtracting out the contingency and spare parts the
remaining total is $414,050.00. This amount breaks down to a unit price of $258/hp (1600hp)
including VFD installation, PLC and SCADA integration, and startup. Based on recent Collier
County electrical projects the material cost per horsepower for industrial low harmonic drive
systems is approximately $200/hp. Installation cost can run from 25% to 35% of the material
cost with a resultant installed cost of $250 to $270 per horsepower. In addition to the VFD
installation, the vendor proposed total cost includes the PLC modifications, integration and
SCADA software development. The proposed vendor cost of $258 per horsepower is well in line
with expectations.
RKS believes the Rexel/Mader proposal is fair and reasonable. RKS recommends proceeding
with the turn key package from Rexal/Mader.
Should you have any questions regarding this, please feel free to contact us.
Sincerely,
RKS Consulting Engineers, Inc
Don Williams, P.E.
Principal/Senior Engineer
15400 Shamrock Drive, Fort Myers, F1. 33912
Phone (239) 481-6775 - fax (239) 433-9289
Email: rks@rksengineers.com
ACie:'loa It8m [\jo. -16C5
~ r~ovember 13. 2U07
Page 12 of 12
Value Analysis
(Staff assessment based on industry data supplied by RKS Engineers, Inc.)
Carica Road Pump Station VFD and Electrical System Upgrades, Project 710601.
The purpose of this analysis is to verify that the quoted price is fair and reasonable when compared to industry
standards. RKS Engineers, Inc. evaluates cost of VFDs based on a cost per horsepower (HP) figure. To
evaluate installation cost, they use a factor or multiplier of material cost (25-35%).
Project cost breakdown, as proposed by Rexel/Mader, is as follows:
Item Proposed Cost
Material, installation, start-up $ 414,050.00
Spare parts $ 20,535.00
Contingency $ 30,000.00
Total $ 464,585.00
There are four \/FDs in this proJect, each rated at 400 HP for a total of 1600 HP (4 x 400 HP = 1600 HP).
The equivalent Cost in $/HP is then $258 78 ($414,050.00 /1600 HP = $25878/HP)
Item Material Install. (25 Mat'I &
35%) Install.
Cost $/HP, minimum $200.00 $50.00 $250.00
Cost $/HP, maximum $200.00 $70.00 $270.00
Cost $/HP, average $200.00 $60.00 $260.00
Cost $/HP, Rexel/Mader $258.78
~ Average
~ Proposed
The proposal from RexellMader is slightly under the industry average. In addition, there are valuable
engineering and start-up services which are included in the price. For these reasons, the price is deemed fair
and reasonable.
11/6/2007
tscl
Agenda Item No. 16C6
November 13, 2007
Page 1 of 6
~
EXECUTIVE SUMMARY
Recommendation to award Bid No. 08-5010 to JWC Environmental for the purchase of two
replacement channel screen systems at the South County Water Reclamation Facility in an
amount not to exceed $370,250 under Project No. 73969.
OBJECTIVE: The public purpose of this project is to maintain critical equipment to meet peak
wastewater demands at the South County Water Reclamation Facility (SCWRF) by replacing two
defective channel screen systems at the plant head works wit h two advanced design, fine screen
systems including sluiceway and screen washer. The SCWRF channel screen systems receive raw
sewage via the collections system's pumping stations and neighborhood lift stations. The plant's
channel screen systems grind and tilter the sewage so it can be pumped and processed.
CONSIDERATION: Hole Montes was contracted under Work Order HM-FT-3785-07.ll in the
amount of$9,95S for engineering services required in the preparation of the bid documents. Invitation
to Bid No.08-S010, "Furnish Fine Screen Systems at SCWRF," was posted on October 4,2007, and
distributed to 41 vendors via the County's electronic bid system. Of the 41 bidders notified, 29
downloaded the solicitation. Only the .lwe Environmental bid was received.
.~
.IWC Environmental's bid of $37(),2S0 fN the replacement equipment includes freight, a four year
equipment warranty, and a two year service contract which begins at the end of the four year warra.nty
period. The six year period covered by the warranty and the service contract includes labor, materials,
and quarterly site visits by a factory trained technician. This price includes a $[32,400 credit for the
equipment being replaced. The manufacturer will provide the initial statT training required for
operation and troubleshooting at no additional cost. This upgraded replacement equipment achieves a
higher capture rate of solids which leads to better protection of downstream equipment and lower
maintenance time and costs. This advanced system is used throughout the country,
Staff and Hole Montes, the design engineer, detemlined the bid to be fair and reasonable and
recommend awarding the contract to JWC Environmental, the only responsive and qualified bidder, in
the amount of $370,2S0. This pri,ce is higher than the engineer's estimate of $289,250; the difference
is due to a substantial recent increase in the cost of 316 stainless steel, used in the manufacture of the
equipment, and a more extended wan'anty and service contract. An engineer's letter of
recommendation is attached to this Executive Summary.
FISCAL IMPACT: Funding is available and is consistent with the FY08 Capital Budget adopted by
the Board of County Commissioners on September 20, 2007. Funds are available in Project # 73969,
SCWRF Technical Support Projects. The source of these funds is the Wastewater User Fee Fund 414.
GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan
standards to ensure the adequacy and availability of viable public facilities. The proposed scope of
work is consistent with the 2005 Wastewater Master Plan Update as adopted by the Board on June 6,
2006, as Agenda Item 10 (B). Project 73969 is found in Table 8-2 on page 4 ofS, line 107 (identified
- as Project 2006-19).
Executive Summary
SCWRF Channel Screen System Replacement, Project 73969
Page Two
~AC!end3 item No, -16C6
-.> [\hvernber 13, 2007
Fage 2. of 6
RECOMMENDATION: That the Board of County Commissioners, as the Ex-officio Governing
Board of the Collier County Water-Sewer District
. award Bid No, 08-5010 to JWC Environmental for the purchase of two replacement channel
screen systems, including sluiceway, screen washer, freight cost, a two year service contract,
and a four year equipment warranty, in an amount not to exceed $370,250.
PREP ARED BY:
Oscar P. Martinez. r.E., Sr. Project Manager, Public Utilities Engineering.
('
Item Number:
ItemSummllry:
Meeting Date:
Page] of]
Aqends ilem r'ic 1 (\CG
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COLLIER COUNTY
BOA RD OF COUNTY COMMISSIONERS
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^dmini~tr~tivc Se'Vices
.'l"TIIJ";ngiG"r""c~1 S'!':' Dlmctor
;)urdl~sin9
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l"Ulli:G lHili(,(>~
'-'u1)I,( Utili;;"'; Adm;n'$l'-~lm
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O~,~8 C('ordin;jlo'
^(im'rl'"tr,~lj',",~_ S,~rv;ca"
I'.rmli"a~i "1" tH\~ly"t
\11"''''r.~ '''II Tedwnlaqy
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ApllrOl'ed By
SllS~" iL,n"'l
Count)' M"">lg",,'~ ~);j;.","
:;w,;"" Mm,.)l)~"'"'ntiD'-"'9"1 ~,llal'j~t
Ulflt" '.,i' ~/."n.l[l"r.l2'lt" Dudge:
'11'2i200(41l: PM
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["icl"l": Snlykow~ki
C,,"mr M::r,~>~"r's OHica
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YI.CVOfr.1:<n.,gemw',I&E"l(lgel
11l~.'2(j071C:;4M~
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Approved By
Jm"e~ V. Mudd
,--
Board otC(.unty
CotTlrTl'.ss'''rlf.',~
C\Wntj. M"rlilger
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11it>{2D07 2:44 PM
fiJe://C:\AgcndaTcSl\Export\92- NOVClll ber%20 13,%202007\] 6. %20CONSENT%20AGEN_..
11/7/2007
P.M.: Oscar Martinez
Date Posted: 10-4-07
Date Due: 10-16-07
Bid #08-5010 "Furnish Fine Screen Systems at SCWRF"
,C\genda Item No. 16CG
t,ovember 13, 20C7
Paa~ ~ rr 6
Notices Sent''!'\' J'
Pkg Downloaded: 29
Bids Received: 1
Number Quantitv Unit Descriotion JWC Environmental
Finescreen System including
all components and
services, submittals, factory
testing, O&M manuals, field
unloading supervision,
startup, training, and full four
1 2 Each year warrantv. $ 170,125.00 $ 340,250.00
Service Contract for two
years consisting of four
quarterly field inspection
trips each year by a properly
2 2 Each qualified factory employee. $ 15,000.00 $ 30,000.00
Alternate Bid: Finescreen
System as per Bid Item 1
except with optional
stainless steel perforated
plates in lieu of UHMW
3 2 Each polythylene plates. $ - $ -
I Total $ 370,250,00
. :
Aa-ent: ,/fC</- .
Witness: I Lh,l.n.~ ~-
tJM
f!IGI~IFERS PLANNERS SURVF IOP5
Agenda Item No. 16C6
November 13. 2007
Page 5 of 6
950 Encore Way' Naples, Flo~idiJ 34i10' Phone: 239.254.2000' Fax: 239.254.2097
October 18, 2007
Mr. Oscar Martinez, Project Manager
Collier County PUED
3301 Tamiami Trail East
Building H
Naples, FL 34112
RE: BID # 08-5010
FURNISH FINE SCREEN SYSTEMS AT
SOUTH COUNTY WATER RECLAMA nON FACILITY
HM File No.: 2007.095
Dear Oscar:
We have completed an overview of the bid received by the Collier County Purchasing
Department on October 16, 2007 for the above referenced project. A spreadsheet with the bid
prices is attached. The bid was free of mathematical error and appears complete. JWC
Environmental submitted the lowest bid and only bid of $370,250.00. The Engineer's Cost
Estimate in July was $289,250.
JWC Environmental has provided equipment to many County projects, and we understand they
are an acceptable equipment supplier. Hole Montes recommends issuance of the Contract to
JWC Environmental for $370,250.
If you have any questions, please let me know.
Sincerely yours,
cc: George Yilmaz, Director of Wastewater
Dale Waller, Plant Manager
Jack Curran, Collier County Purchasing
Ron Benson, Hole Montes
Clifford Pepper, Hole Montes
JRT/cms
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H:UOO7\200709S\WP\EE\C Correspondcnce\20071013-JRT_OM_ConttftGl AwardScr<<:us IIr.doc
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EXECUTIVE SUMMARY
Agenda Item No. 16D1
November 13. 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 Collier
Connty Housing Development Corporation (DEVELOPER) for deferral of 100% of Collier
County impact fees for an owner-occupied affordable housing unit located at Parcel 73 East,
Copeland.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Marco Bay Homes, LLC and Collier County
Housing Development Corporation I{lr defcn-al of 100% of Collier County impact fees for an
owner-occupied affordable housing unit.
CONSIDERA TIONS: Articlc IV of Chapter 74 ofthc Code of Laws and Ordinances establishcd a
program to defer impact fees for dcvclopers who are building qualiiled aJ1(,rdable housing and will
sell the units to an income qualified appl ieant. Pursuant to this program. an application for
deferment was submitted by Marco Bay 1.lomes. LLC and Collier County [-[ousing Development
Corporation, which application, alkr stalf review, was detcI111incd to qualify for the program.
Marco Bay Homes and Collicr County Housing Development Corporation will sell the unit to
persons whose legal status will be vcrili,xl, documented ,mcl kept ,)n file at the office of Housing
and Human Services. If the builder/developer fails to comply with the terms of the agreement. or
the unit ceases to be utilized for all{>rciabk housing, or is not sold to legal residents, the full amount
of deferred impact fees shall be im11lediately repaid to the County, including all applicable interest
_" and penalties. The subject 101 is presently owned by Collier County Housing Development
Corporation, 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 Parcel 73 East, Copeland.
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 $12,942.29 in impact fees. Although it is expected that
the County will ultimately collect these defelred 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 RECOMM.ENDATION: That the Board approves and authorizes the Chairman to sign
the attached Lien Agreement for Defen-al of 100% of Collier County Impact Fees for Owner
Occupied Affordable Housing Dwelling Units for Marco Bay Homes, LLC and Collier County
Housing Development Corporation for propcriy located at Parcel 73 East, Copeland.
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
Agenda item I~o. j1iD1
i\Jovember 13, 2t07
Page 2 If 6
R('(lIrll1..,
j-rallkRllmSe)'
Ilmlsin~ & Humlln s.cn'it:es
3301 f..TammmITtllJl
l\:l;flles,FL341l2
File# 08-083-1 F
I'bb 'pll<:t' li.rrecllrdinj;!:
LIEN AGREEMENT WITH IJEVELOI'ER FOR J)EFERRAL OF 100% OF
COLLIER COUNTY IMPACT FEES FOR OWNER OCClJPmD At'FORDABLE
HOUSING DWELLING UNITS
" ,i+
This Agreement is entered into this <?"~_~_ day of October, :2007, hetween Collier County. a
political subdivisiol1 (lfthe Stale of f'-Jorida (COUNTY) and J\1arce Buy Homes, LLC. (BUILDER)
,lid Collier County I fousing fkvelopmcnt Cmr>oralion (DEVELOPFR). colkctivdy stated as the
.'Pani-:s,"
NO\\-', T1IERf.FORE, for good and va]uftbh.' consideration, the rClTipl and sl1fikiency of
,\'iiicb is nJllluaH:c Jckno\\'icdged, the Pnnie:': a;:r;:(' as )0110\\';'::
Chis l,icn A2recrYiCn1'::; !Tl<'de rljr~;lJard 1,~1 Chupl~;r 7.:1 of ih.- Code (If Lnw'; and Ordinan~:es nf
(',\llll'r COUnl\. r'jorida. Lw'\\,n ~\, "lht, ('(\:licr CUU;-ll> i,m;';",iid:rlcd ],n]i;)c~: Fcc Urdin:mc\,''-
()~'~:in:,HH'C'i in ~ill' ~ "",.~n\ I,: "11:: ',nfl~d \\'iUi Hi>;; :-\~:r(,CF1~'nl;'nc ~t'.fnt',-: nt' the ()rdinam::: ,;liai)
;mrd\'
rile k;;,l! j~H:P;)li(lI' (,f:.hc d\\':.::Uing 'x)i1 t,,; ijit:lched it!; E\.birn; "..'\."
The: l~:nT\ uf :his /Q"rCCr1Lill i:-; from ;::su,mc::: 01' ihis i\pccrncll; until Sl\, .hl rnonth::; after
E;:-;uaIlC(' Ofnl,~ ~:cl1ifical~ ui'uceUpanc.i fu-r tbe G\-~"cilmg uni'!;'1
-1. The amount of i])e imp,lc! Ices dl':'clTcd shaH he paid jo the C:C)11l\TY ;n full UP\,fj the :';:1k: (,l'
tht.: dwelling. unit(:..;), unless the dVldiing units arc sold tn house\1pJds meeting the criteria seT
forth in th(' Ordinance, and the impact j~~es are duly deferred. As scl forth in Exhibit "B:' the
amount of the deferred impact re~s is Twel\'~_ rhousand Nine Ihmdred Forty Two aDd 29/100
f2Q!larsjj;] 2.942.~'!.l.
5. The deferred impact fees shall be a lien on tll(' property described in Exhihit "A," which lien
may be foreclosed upon in the event of non-compliance with the Ordinance or with this
Agreement. 'rhis Agreement shall operate as a lien against the dwelling unit(s). The lien shall
terminate upon the reeording or a rekase or satisHlction {)f lien in the puhlic records of the
COlmty. The deferrals of impact tees and this Agreement shall run \l./itl1 the iand, and neither
the deferred impact fees nor this Agreement shall he lransfernxL assigned. or othcr\vise
conveyed from, Except as provided by 13\'.'", regardless of allY foreclo-"ure on the first lTior1gage
or other seeurity intcr~s1. this lien shall othen-vise he superior and paramount to the interest in
the dwelling unit of any ov-iner. 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 thi:-; 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 delimit under the Ordinance or this Agreement, and the
default is not cured V\.-jthin 30 days after written notice is provided to the DEVELOPER. a
delinquency fee equal to ten percent (1 OO/u) of the total impact fee imposed shall be assessed.
and the COUNTY may, at its sole option, collect the impact Cee amount in default and
A,genua Item NO.1 J'D1
r'~overnber 13. 2 07
Page 3 f 6
assessment as set forth in the ()rdinam:e. or bring a civil action to enforce this Agreement. or
declare that the Jelerred impact lees arc then in default and immediately due and payahle. The
COU1\rr)/ shalt be cnlilJed 10 recover all fees and costs, including uttomey's fee and costs.
incum:\l hy the CCltr1\T'{ in enforcing this Agreement. plus interest ul the then maximum
',lalUll)ry rate ror .ludgml'nts calculalL'd on i.i calendar day ba:;is lIntil paid. DEVELOPER \,,'jJ]
sdl the unit to per~(lns. whose legal status will be verified. documented and kept on file aIthe
()ffjce of Housing and 11uman Services. If the developer filils 10 Cl)mp]~ "viih tht, terms urtne
<lbrecrnenL or the unit ceases 10 be utilized ror i1ffordahle housing, or lS not 5(\ld to legal
residents. th(> full arnount of deferred impact fees shall be immediately repaid tv the County,
mcluding all applicable intcrest and penalties,
g. This Agreement i:~ the .(,(11e a~2,rCCfllcn( hctV.'lTIl th~; parties \\lith n:speCI 10 the: subj~~cl mailer
hl'l"','lrL :mu ~h:Jll hr..' hindin~_' UP)" till' r )!~\' I 'l.(jPf~ R -:--; :;ucccs....ors ~md ilssig:ns in : nkrcst.
li Thi:,- _'\grl'cmcnt '~halJ hl' rculf(kd in the ol"ilc;:d ]"('cords n: the (oumy ill 11(1 eusl in .he
'(j: :'\T
Lf\ \VITI\ESS VvlIEREOF. ih~' t\-'rtI '-.'" 11:1\( ,.'Al"~Ul~>.! thi::, ,:\~r:":l:l1lCll\ Oli Ull' d:l1c :md \'~';H
;" ". '" ",,\,(, v.'nttCil,
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,
~7\\:-~:~_ :~i.___~~?'1:Ll____----:-__
I)rint )\;mlc__,::::..o;-c";'; rc, c_~:.>1, ,-,_-,- <>':.r.../
!V "l! DFR. !vlarcc' )):1) Homes. L1.("
'; --'-f~~~~:b:i~~-:~~:~;t:~J,~~_=,-'~<:~___ _____
Print Name _~\.L{'\~\~~J'-c--v-y-',,~6~..:;--",
--- .
g)~~I(::lL,. ~--[~~
Print~Nal11c: Don Wojciechowski
TiLle: ,YI {,-"",/_.!
STATE OE FLORIDA
COUNTY OF COLlJFR "
, ,~hc f(:re1:'-'?.i!~t in:;tr~~cnl \Vil~ ~l'kpowkdged before me this ~:.:::~_-~ day of
by.:~(-=-_~~!",_\~~~__(:___~~~~?_( :b1~ \:' _1(: ____ for I\1arco Bay Homes LLC..
knmvn 10 mc (,t ha:-; produc~'d _____.L--:t__D..L~.:, a~ identification.
._..~ ( (, ,;(iJ"..c(_
(Signature of NOlaA- ~licl
, - ~ . Ii "j .
(j'~[~i~N~;;;~ff~O:~l !:uL,,__'':~'lJ__,'~i'~ \
((f
.__"._,_~______' 20(i7.
who is pcrsl.maliy
[~tJ,,:1tfZ'''''L :1~,I'~--"""","",
f;.~;-S::'~~i~~~t~+lj~:J
\,"'itncsses:
DEVELOPER. Collier County I-lousing
D::-veloprncnt Corporation
/,,-' ";::;7
1,:~~~t-::i:t:i- /<::L,.C;;'
2jR&?i~~~"~U~_ ,
J)rint!'JmiJe /'11)/1:-' ,;;'> i;:-/
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",;~. -Ii,
nv: ~~-r~
P~int N-;;-~ 1(4-~-;; ~ .'.....-~"'< ..~..
Tille: ~J.A....-..C--
STA TF OF
COUNTY OF
rhe forcgoin~ instrumenlwns acknowledged before me this of
hy __i'/<"'~:'::C;,;:~.LLL.t..::LJ:,:._<;';-?,,~ ____~=_L.::.c.",~_~, L_~~__ for Collier County Hou:-1ing
Corporation.. who is personaJly known 1(1 me or has produced
itkntification.
I>JOTARIAL SEAL I
-
.~.....,.... fWIlENSHAWDfl lSigmmlTe' of Notal) Puhhc)
t>\~PubIk;.s.u.,,",FtorIdI
.;..,~~_tt,201t
~ COilwlRllonfDOn~~
.....'!MItql..........1IIIII (Print Name ofNolary Public)
J'\gerida llem [\10. JD1
November 13, 2pC'7
4 fffj
2007.
Dc\'clopmcnt
as
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t . J
\rrmn,dd a~; \\, j(Jr!l),~wA
, , I'r, 1..L,I'
,::'L'.:ll ~;u; 1C1W1l:')',::
- j' -",! ,,' it!
~:'-~"J.""'.. "
ReCOITllnend approval:
:;;.'ffi'(:.'\, \, l<.;IatZb;ll\V
'hi::f \~,';i:,t,nlC("lUnlY \:1.nrnc\
I<nnnbirw, i)in,'ctot ('I
&: lluman Servi~,.
EXHIBIT "A"
i'.genda item I~o. )D1
November 13, 2~(j7
Page 5 1f 6
LEGAL ()ESCRIPTION
PARCEL 73 EAST
nf,SCRIJ>TlON Of LAl'Ol) IN THE NOHTU j-; OF COPELAND VILLAGE LYING IN TIlE EAST ';, OF
SECTJOr\ 13, TOWNSHIl' 52 SOCTH, RANGE 2Q EAST, COLLlEU COUNTY. FLORIDA. COMMENCING
ATTHE EAST Y<.CORNER OF SECTION 13, TOWNSHIJ-' 52 S(}IJTH. RANGE 29 EAST. COLLIER
COtlNTV, FLORIllA; THENCE NORTIl (i}l'(l4'26" WEST 987.57 FEET. SAm CORNER BEING THE
PLACE OF ENDI)'.,:(; OF SOVTH-8Ji AS DESCRIHED IN nErn HOOK 42, PAGE 142, OF THE PUBLIC
RECORDS OF COLLIER COUNTY. FLORIDA: THENCE SOUTH 42'06'\\'E$1' 37.00 FEET; THENCE
SOUTH 1'24'00" WEST 8fL21 FEET; THENCE NORTH 88'36'/10" WEST 30.00 FEE1:T TO A }>OINT
IJESIGNATEO "A'"; THENCE NORTI-I8S'](,'UO" WEST. (NORTH 88'33'::=;8" \,,"'EST AS NOW SlJRVEYED)
FOR 89.86 FEET FOR A PL1\CE OF BEClNNING; THENCE NORTH 01"'24'00" EAST 109.64 FEET;
TI-H:~CE SOUTH Bfi'39'Ofl" EAST (SOl:n{ H8'4(,'lJ~ EAST AS NOW SIJRVEyr:OHS.JS FEET: THENCE
SOUTH 52'14'00" EAST 51.73 FEET (SOUTH 52'08'29" FAST FOR SUIO FEET AS NOW SUHVEYED) TO A
I:>OI~T, SAm POINT LYING NORTH 0I'24'(lU- EAST 79.25 FEET (NORTJ-I111'~U'04" EAST 79.06 FEET AS
NOW SURVFvr:nj FROM POINT BESI(;NA.TED ~A ": THENCE SOl:TH 33'37"17" EAST! 2.71 FEET
(SOUTH ,13'1"':\8" EAST 12.41 FEET I\~ NOW Sl'RV!:\TJ)); 1'I-I[I\:C[ ~OUTlI .13'37'27" EAST 12.71 FEET
{SOFn-1 JJTl":")8" r.AST 1'2.42 FEET\S ~o\\.' ',,!'R"FYEl1l; TI-fE~CF SOUTH 011'-1'7'50" EAST 3I.JlJ FEEl
(SOUTH fJ(J'44'39" LASl J un FEET AS NOW SlJRVEyr.f)); THFl\'CL SOLTH 14'\l8''2(j'' weST (SOUTH
14'0(i'19" WEST,'\S NOV\-' SliRVf\Tl)j3S.5i FEET TO SAil) I'OI'\T DESIG.I\JATED "A"; THENCr: NORTH
fHfJfi<nw' WEST, fNORTH 1;WJ]'58"' Wi:,"iT AS .~;OV\' Slm.\T\TIl) FOR S9J'l{, FEET TO "fur PLACE OF
fH:r;I',\'\ji-\G.
CO!\'T"'~i"'!~(; (,'J,~.':= S~)i-A,R! FFET. 'VIOIU: ;,m u:s",. ~;I'H.li:crTn', IHVd1.\,\'D ['T\LPi r~_SDH:"T
n\,TR ,\.''J,)'\CR()<;;,," THE I'\dORTH ~IH FUT,
:\IHBlT '.n"
J:VII'.,\Cl FT'!' l;;-?r:,\l:<l)(\\,"
'1 ype ;If fmp:.H't Fe~'
\mnUll; i1-wed
::T\fS
')] un. ',;
B -'i'rr(:~liun;1J Fucili\i~.'. impact ]l'C
\::.<l)()()
C, Librory Imract Fcc
~;46(1,2:i
D. COlTllllUllii"y l>arb Impact Fee
$935.00
L Regional Parks Impw.;:l Fcc
Sc.06g.l)()
F. Educational Faciliti<:s System ImpJct Fcc
S8.22~.OO
n. (iovcrnmcnl Buildings lmpact Fcc
$725.00
fl. Law Enforcement ImpJl'i F,-'c
S2gQg
TOTAL IM/'ACT FEIOS
SI2,942.29
i,t-;\PPI<wcd
Page] of]
COLLIER COUNTY
BOAFW or COUNTY COMMIi;S10NERS
Item Number:
Item Summary:
1'3~'1
~:f)~Q'11il',3nrj8H[) I thiJt 1'1'" 3vara of {;l'un~1 Cornnl!s"iunns 8ppl"eVp~ 8m! "lIt'nr!:'f'~ ttl-2
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'Imty f YJiO'r',g ~,r^vel(),'llIenl C:Drpo,':Won '[iE'-/E,L(jf'EP:, fi); (i8jw,.;~! Of
"<lji8r
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"""i:+:I(l('('
Meeting Date:
OCUli -",1\.1
Prepared Uy
f'c'lnkRamsey
SHlf.' f'tngr~tll C()orrJ;ndto~
["ate
PLJblicS"'rvicf!s
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Approved Uy
,j",y"-",,, V,udd
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filc://C:\AgendaTest\ExpOll\92- NOVC111 bcr%20] 3,%202007\] 6. %20CONSENT%20AC; EN_.
11/7/2007
Agenda Item I~o. 16D2
November 13. 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 Habitat for Humanity of Collier County, Inc.
(Developer) for deferral of 100% of Collier County impact fees for an owner-occupied
affordable housing unit located at Lot 131, Trail Ridge.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Habitat for Humanity of Collier County, Inc.
for defelTal 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 fe)r qualified affordable housing. Pursuant to this
program, an application tix defe1111cnt 'Nas suhmitted by Habitat for Humanity of Collier
County, Inc" which application, after stafT review, was detelmined to quali f'y fi)r the program.
Habitat for Humanity of Collier County, Inc. will sell the unit to persons whose legal status will
be verified, documented and kept on file at thc office of Housing and I.Iuman Services. [f the
developer fails to comply with the terms 0 f Ibe agreement, or the unit ceases to be utilized for
affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall
be immediately repaid to the County, including all applicable interest and penalties, The
property is located in the Trail Ridge subdivision in Naples.
The ordinance requires that a lien agreement be entered into with the Developer as a condition
of defelTal of the impact fees, Section 74-40 I (3) of the Code authorizes the County Manager to
sign deferral agreements with Developers qualifying for impact fee defelTals 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 detc1111ined 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 IMPACT: This agreement defers $19,372.46 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 COllilty,
"-
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 Habitat for Humanity of Collier
County, Inc, located at Lot 131, Trail Ridge, Naples,
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
keturnto
Agenda Item No. 1602
November 13, 2007
Page 2 of 5
,
Franli Rltm~cy
HilS
HOI E "hmiami Trail
1'<apll".5,FI,34112
filc# 08-046-IF
rhi~~"lI;crfurrrcnrdi~
LIEN AGREEMENT W1TH DEVELOPER FOR DEFERRAL OF 100'V,. OF
COLLIER COVNTY IMI'ACT FEES FOR OWNER OCCUPIED AFFORDABLE
HOUSING nWELLING UNlTS
This Agreement is entered into this
day of Oc1oher. 2007, hetween Collier County, a
political sllbdivision or the State of Florida (COUNTY) and "Hahitat for Humanity of Collier
County, Ifle." (DEVELOPER), collectively ::;lated as the "Partics."
NO\V, THEREFORE, {;)r guod ilnd valu"lbk: consideration. the receipt and sunjci(~ncy of
which is mutually acknowledged. the Parties agree as follows:
1. Thb Lien Agreement is rnadc pursuant to Chapter 74 of tk Code of Lav..'s and Ordinances of
Coijicr (':ounty. FlorjeiU, kno,qj a': "'l'lw Cullicr County Consolidated Impact Fee Urdinanl:c"
(Ordinance\. In Lh:.:: ~'\'Cnt (If an)' cordite! with thi:.; A.1;TccmcnL the 1;:rm~ uf the C'rdiniJllCi.' shall
apply.
The lq:al dCt;criplic,)ij :lfUw (hvdliog Linlt j~, ,dtadwd :.!S Ei;hihn ".'\."
The u:rm of thi~ /U.T,::cnll'nl i;; j1"0l11 is~;u;Jl1C~'. nf lhi~ /'[.'Y~r:meJt 11l1ii! ';i~, (ill 1))nnths ,dkr
i~,,;uaTlce 01 the ccnifi~'~J!(: ()f uccupancy i'nr lite ~h\l'IJinl: uJnli:;1.
4, The amount of the impact lees dderrvd shall he paid h, lh~ cot i!\TY [11 full upon the sale of
the uV"'l-lllng unit("j. un]cs;; the dwcllmg ullits arc sold to households meeting the criteria set
fc,rth in tho' Ordinance. and tbe impact fi.'cs arc duly deferred. As set r-clrlh in Exhibit "13," the
amount of the deferred impact kes is NLIJ~If,;.~!Llhl!JJ;.>.anJ Thrt'e_JJJ,!!]dn;g__~~.:-:..t;.[It\' Two i1JHl
46/1 00 Dollars i$19.37?4f>J.
5. The deferred impact fees shall be a lien on the property described in Exhihit "A," which lien
may be foreclosed upon in the event of non-compl iance with the Ordinance or with tllis
Agreement. This Agre.cmcnt shall operate as a lien against the dwelling unit(s). cnle lien shall
terminate upon the recording of a release or satisfaction of lien in the public records of the
County. rhc deferrals of impact fees and this Agreement shall run ,\lith the land. and neither
the deferred impact fees nor this /\grccmcnt shall be transferred, assigned, or otherwise
conveyed from. Except as rrovided by law, regardless of any fon.'.cIosurc on th(~ first mortgage
or other security interest. Ihis ]icn 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, 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 aftcr ,.....Titten noticc is provided 1.0 the DEVELOPER, a
delinquency fee equal to ten percent (lO%) of the total impact fee imposed shall he assessed,
and the COUNTY may, at its sole option, collect the impact fee amount in default and
asscgsment as sct forth in the Ordinance, or bring a civil action to enforce this Agreement, or
Page I of2
/\genda item f--Jo.1GD2
f"Jovember 13 2007
Page 3 of 5
dcclan: thai the ddcITl'.d impact fees are then in default and imrnt.'diately duC' and ruyahle. The
COUNTY shall be entitled to recover all fees and costs. including attorney's fee and costs.
incurred hy tiIl' COUNTY in enforcing lhis Agn.~ell1cnL plus interest at the then maximum
statulory rate ror judg.ments c<lleulatcd on n cnlcndar day hasis until paid. DEVELOPER will
~,el! the unit to persons whose legal status will he verified, documented and kept nn file at the
office of Housing and! luman Services. If the developer bils In comply with thc terms of the
agreement. or lhl~ unit ceases in he utili:rcd for amlrdablc housing, or is nol sold to legal
residents. the full amollnt of deferred impact fCl:S shall he immediately repaid to L11(' County,
including all applicahle inleresl :.inti p:::nal1ics.
X. This.'\grcl.'mcnl is the sole <:grcclllcnt ht:tween the panics with rl'specI to Ihe subject matter
herein. and shull he binding upon the j )1:\'1':1 ,OPER S sUCC("SSOfS and assitLlls in illk~resl.
9, Th1s AgreemenT shall h~' rCClij"(ied in the utTicial :\.'cords oj" the County Jt nu :,,'usl iU lht.'
('[lll,\'j"\'.
IN WITNESS \\'HI-JUJlF, (he )lartil'~: 1m'!:' cxcclIlcd ihi:;'\~rcen1l:1l1 on (Iii.: jaIl' and ye:IT
'i1':;1 :lhol'l' Wf11k,H.
\tk:.;i,
lH.\\Rl; (iI, C( l[ :<T\ .( )\n..1!SSlONrJ~S
:l]l ;r'l~ ;'\)l:1<f''\" ~'i('jlUD,\
liW]C;H" [' r\PUCL 'I',_',i;
B',:
ii\"
IL'!)lln tl':-k
,)\\iF~ (,11.):'11"\ ('Imirnu,
])j:,YELuPLJ{: Ilabilat [('r i lumanity or
Collier Cuunly. l:1e.
Viitncssc3:
-~---_.__.__._-- ,- ---~-,--,,--,-
Pri~t ~am't'4~-,---~J2.L~ ~~ ',0._'
"
By: __-+- './< j
'SamuyJ-1. DursO.M.l);._'/'~-'
Tit!e~' President ...'
Print"Name
J~_...____ ','",
~.....:.)......'-'--:"",--,-..:....o:.,-~_~_l_,:.;:,_,----,_LL ,
. I
STATE OF FI.ORIDA
COUNTY OF COLLIER
The r(lregoing instrument was aeknow-Jedgcd before me this d(lj' of
_ _.____n___Ocloher, 2007, by Samuel J. Durso, M.D. as President for Habitat rorHumanity or
Collier County. 1nc. 'who is rcrsonaIJ): kn.ovm to me or has produced ,_____________~_._ as
identification.
rt1\Y(,o\'fttii.:Csi;Aff
~~\~~'! .
~2~':'''"~'Vv''''.'VJ';'.r......",~..",..-.",,:
(SignJiurc ofNolar) Public)
Il-
Approtcd a.
legal sAfrit!
,
'"
---- -'-
(Prin! Name of Notary Public)
Rccolnmt.::nd apprq\ial:
. I
to form and
,
no'
,
,
t,
Jeffrey ." KI~zkow .
Chief A,ist~ County Attornc.y
\'{
M;'~y-K~um bine,~Directo~'~J:
I Jousing & llum:m Services
Page 2 01'2
EXHIBIT "A"
LEGAL lWSCRlI'TlON
Lot 131, Trail Ridge, according to the plat thereof,
as recorded in I'lat Hook 44, IJages 71 thruugh 77,
inclush'c, of the Public Records of Collier Count)'. Flurida.
EXHIBIT "Il"
IMPACT FEE BREAKDOWN
Type or Impatt Ft'{,
A. EMS Impact [o'ec
B Con"cctiol1;J) Facjlitie~; impacl j<'l::C
C L.ibrary Imp'Kt Fe',
11, Cmmnunit) Pad~s lmpael Fcc
L. E:.'giollilJ !\jd,-~ impacl !'cc
F r'.duea""",,! lac,!n"',, :','.',kll1 Impc: I'i"<:
li. ROJd lmpac: '"-.:::
11. (iovemmc111 Fluj]dint',s Impact Fe('
L LD'v\ Fn!(lw.:mCllt impact h~l'
.I. Wl1l.cr rmpact Fee
K. Sewer Impact Fec
TOTAL IMPACT FEES
JM~ Arpm\'~d
Agenda Item I~o. 16D2
November 13, 2007
Page 4 of 5
Amount Owed
$100.59
S61.m;
$Cj6iUX
$750.00
i:; .659.00
t::Y(J2J10
i,(),(15(!.OO
$410.00
$171.61
$3.415.00
$3.515.00
$!'J.372AI,
/.\'J'
COLLIER COUNTY
BOt:.Rtl 0::: COUNTV COMMISSIONERS
Item Number:
Item Summary:
- "lI1Ww:a:':'.1r', thelT I' ,.. S')rml .:.Jf C.011CltV i ()Cllm...<"' "'pee, <wpp 'fiC, ;J ':1 ;;"lj-'0[;::.('.". Ii""
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1\ '~.:l)II" r : (, "'1' ....,"1(;.. fC't.o. fur if' '!A,-,,'r -';-'-,[1,"d
h'C
"'dilrYI"
c"
Meeting Date:
l'rl'[larrll By
~'t"'lk F\~m'.;"~'
C,f'i' '''<:r:Jn'\, 'j('\',"'<"V'
'-',,1f!
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file://C,\AgendaTest\Export\92~Novcmbcr%20 13, %202007\ 16. %20CONSENT%20AGEN ...
Page 1 of 1
11/7/2007
Aoenda item I~o. 16D3
- November 13, 2007
F'age 1 of 5
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Hahitat for Humanity of Collier County, Inc.
(Developer) for deferral of 100% of Collier County impact fees for an owner-occupied
affordahle housing unit located at Lot 132, Trail Ridge.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Habitat for Humanity of Collier County, Inc.
for defelTal of 100% of Col1ier 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 Habitat illr Humanity of Collier
County, Inc., which application, aher stan' review, was determined to qualify flJl' the program.
Habitat for Humanity of Collier County, Inc, will sell the unit to persons whose legal status will
be verified, documented and kept on me at the office of i'lousing and Human Services. If the
developer fails to comply witll the terms of the agreement. or the unit ceases to be utilized for
affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall
be immediately repaid to the County, including all applicable interest and penalties. The
property is located in the Trail Ridge subdivision in Naples.
The ordinance requires that a lien agreement be entered into with the Developer as a condition
of defen'al of the impact fees. Section 74-401 (3) of the Code authorizes the County Manager to
sign deferral agreements with Developers qualifying for impact fee defen'als for affordable
housing, which has long been the practice. Thc 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 Altomey'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 $ 19.372.46 in in1pact fees. Although it is expected
that the County will ultimately collect these de felTed fces (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 Habitat for Humanity of Collier
County, Inc. located at Lot 132, Trail Ridge, Naples.
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
RelUnlto
Agenda item No. "16D3
t.Jovember 13. 2007
Page 2 of 5
,_.~.
rnllk Rllm~c~'
IIn!'>
]301 E TlImillmi Trail
NIlJlh$, FI.34112
Filc# OS-047-IF
This~pan.furn.('llrdillg
LIEN AGREEMENT WITH DEVELOI'ER FOR DEFERRAL OF IOIl'X, OF
COLLIER COUNTY IMPACT FEES FOR OWNER OCCVPIED AFFORIlABLE
HOUSING nWELLlNG IINITS
'1'hi$ Agreemen{ is ~I1\ered into this
day of October. 2007, between Collier County, a
political subdivision of the State of Florida (COIJNTY) and "Habitat f{.1f Humanity of Collier
County, Inc." (DEVELOPER), collectively ~tatcd as tbe "Parties,"
NOW, THEREFORE, ft)r good and valuable cnnsidcration, the receipt and sufficiency of
which is mutually acknowlcdg~d. thc Parties agrec as follows:
I. l"his [,iell Agreement is rn,-Itk pursuant io Chaptcr 74 of the Code or L:lwS and Ordinances of
Collier County, Florida. knovvTI ;jC; .'The C:ollicr County (\lnsolidal_:.~d Impact FCl' Ordif)<Jncc.'
;()rdinul1cc). h; th(; t'/en\ (if an) conl1id \vi:h thi~; /\f:;rc(;mcnl, the lcnns llr IlK Ordilwncc shall
dppiy.
Ill~' k;laJ :..kscripliDiI \Ie (iK \h~cilin~~ unit l~, :Ul,IChcd a,: t::\l\ihil "i\. ,.
['he lcrm oj' tillS /\grcl:'1l\cnt is fmnl i,S:-';UWIC' (If thic; AFr('crm..n~ unlit ,:i,; /1,:1 mililtho: dft('l
issuanc~ of till' ;.'crti:"lcaLe (iI' uccupancy fi:lf the d\f,'"Jlitl~ uniUs!.
4 ["he al11(lunl of the impact Ices Jci"errcd shall he paid to till' eCHo 1\']'\. in full IJpun the sale or
the dVliclling ul1it(~;), unk,,~; the- dvvdling units an: solclLO households mer-ting the criteria set
li:)rth in the Ordinance, and the irnpactfccs an: duly dcfl'lTcd. /\s S(;t !i:Jfth in Exhibit "13," the
amount of the deferred impact fees is tiiD_CJ:.GQD..ThmJ.3and .J]lrcl' Hundred ~.S:~vcntv 'C~Q...Q-.n.Q
46/100 Do[lars ($19.372.46).
5. 1l1c deferred impact fees shall be a liL:n on the property described in Exhihit "A," which lien
may be foreclosed upon in the event of non-compliance \\lith the Ordinance or with this
Agreement. This Agre~mcnt shall operate as a lien against the dwelling unit(5). The lien shall
tcrnlinate upon thc recording of a release or satisfaction or lien in the public records of the
County, The deferrals of impact f(;cs and this Agreement shall run \vith the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or othcnvise
conveyed from. Except [L'> provided by law. regardless of any foreclosure on the first mortgage
Of other security interest, this licn shall otherwise he superior and paramount to the interest in
the dwelling unit of an)' owner, ICSSCt" tenant. mortgagee, or other person. except that this lien
shall be on parity \vith any lien for County taxC's.
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 oflien.
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 he assessed.
and the COUNTY may, at its sole option. collect the impact fee amount in default and
a..::sessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or
Page 1 of2
Agenda l1em [\10. 16D3
t,ovember 13. 2007
Page 3 of 5
declare that the deferred impact fees an: then in deHlUlt and immediately due and payable. The
COUNTY shall he entitled to recover ~lil fees and costs, including attorney's fee and costs,
incurred by the COUNTY in cnfi)rcing this AgrcL'mcnt, plus interest at the tlH.:n m8ximum
statutory rate ror juJg:IllL'nts t.:aJculall'J on a calendar day basis until paid. DEVELOPER \'1/111
sell the unit to persons whose legal status V\.ill he verified, documented and kept on tile at the
office of Housing and Human Services. If the developer 1:1i15 to comply with the terms of the
agreement or the unit ceuscs to be utilized for affordable houc;ing, or is nm sold to legal
residents, the full amount of deferred impact ices shall be immediately n:paid to thc County,
including all applicable inten:.'st and pCJ18lties.
R. This Agreemenl is lhe sole agreemen1 bctween the rartics v.rth n:spect to the subject matter
herein_ and shall he hinding uron the DEVELOPEICS SUCCi..":;surs and a.',signs in interest.
4. rhis Agreemcnt sh~d] be l"ccorLkd in the nCiicial ~.ccords uf the County ai JlO c;ost to lhe
COlIN"!'Y.
~, \\'IT"a~ss \\lHERFOF, the rlani~~s b,nT l'\CCIlICd this i\grccmcnt on the dale and year
first ahovl' \\Titt~l1.
''\Hcsl:
;'iWI(iiiT f"' nf{( ',("j~. ('krL
HO.'\I\!) 01-" \__\1\ IhJTY ,_'( lMMISS10j-JEI<S
,', '()Ul!:R \. ()I '~<TY l'l.ORID\
Ii\'
rh
ikput.\ Cieri
.1_\!\U.,S ( (Ii j'T I. ,\. Cl1:lirnnn
lJL\"LLJWL:R: !labiu.ll i~\r !-luTniltlil:. ilr
Cnllicr Coullt;. Inc.
V":itnesscs:
- ~ J "
\ A.
. ,,' -,"- ,. '-
'i)0rir~~n;\c1: j~._-/' ,L~-T]L_-i~2_L-~i.'-
i
Print
By:
Samuel J.,D"urso. r\.1.D.
Title: President
STATE OE FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowlcdg(.'d before me this
__...,__ ___'-___ October, 2007, hy Samuel J. Durso, M.D. as Presidtnt for Habitat
Collier County. Inc. whQ.is_pl'f.5QnaJ1y_. kn.()y>-'.D..to me or has produced ~_
identification.
day of
for Itumanity of
a,
.....-.r. .....,"-, .".""..:~
fNO'!'::,,-in;;::,{ SliAL J
::..~'iL>';: .'.
(Signat'urc or Natar) PubliC)
.
.-....,.,.. J'~J'I'.:,r'....'~--'"V"-
.;"nr.t..'.'I'\..'-.."'.,,"'"
(Print Name of Notary
Recommend approval:
\
\
J~ffrey Al<la ; k~w
Chief ASSftan\county
Attomey
~,..~
Marcy Krumbint:, Director of
Housing & l-ltmlall Services
Page 2 of2
EXHIBIT "'.4,"
LEGAL IlESCRlPTlON
Lot 132, Trail Ridge" ~Il'cording to the plat therenf,
as recorded in Plat BooK 44, Pag,cs 71 through 77.
indul'ivc, of the Public Records of Collier County, Florida.
EXHIBIT "B"
IMPACT FEE BREAKIlOWN
Type of hnpad Ft~l'
/\. EMS Impact F'ec
13, CorrectJonal Facilitlcs Impact l'Cc
C Jibrar:,"' JmpuCl F:.:('
i) C'ommUlllt) Parks ImpDct I'(~"
r. R:.:~:i(\nai !'c:lrL~inir1<lCl h:c
r:Jucaiioll<1! t":I:.:l!itl,.~(; <">";(::1r j'lln:lCl i ('('
Cl. R03J impact h;:c
H, C;m:crnment Buildil]l~:; IrnpDcl Fl'(;.'
l. La\\' Enforccmt-nllmpact Fee
J. \ValcT ImpaclFec
K. Sevvcr Impal:t Fee
TOTAL IMl'ACT FEES
Ji\Ki\prrl'v<;J,_j~/~
Agenda Item 1'<0. 16D3
November ':3, 2007
Page 4 of 5
Allwunt Owed
$IOO.Y)
'1i62.0R
~n()f;,1 R
S'I;,O,OU
'f;1JJ:~().()(l
";::')\(.~',(I(l
l;r,J!."q,()(j
$410 Ofl
S171.61
,JA 15.00
$3,515.00
$19,372.46
Page I of 1
,i',c:;ell,j8Iien'\io,1iT3
"'\!,)Verr:;jb
P:, W
COLLIER COUNTY
80ARD OF COUNTY COMMISSIONERS
Item Number:
Item$ummilry:
U~:i?
!-:c( }c,;r',"","':,," Ho' ilK' ,_;,,,,] ,j (1' 'J'..":'" '-'nl'''~': ,,'," ''- :1,:-["r(', ','c. awl ,,:u ;-,'~r':'es T"
"dr' '<;"1 I'. :;'8" :; I'e'" ;',~r"e, '~"l' '/,lt~l; 'aG"a' ,J ";Uln3t1;t, :1' ~-,;!i,[;,r ( ".",'I\;.' nc
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""d.",.'!f
,,-,1!',
iltLc'
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Meeting Date:
Prepared By
"',.nf.r::""",,V
,. i t,p ~-'''_''l'-''"- ..<N, j,q,,!e;r
:;~i"
'.'ubl' :;"I'V'U'"
sir'C', ;;rd 'i\!m_, "'.~r'Jiu~~:
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Al'lHOwd By
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co";.l',
["ole
,,,J "L'"
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"(:'D :"'c'" ", i'r',~
.\pprovedlly
"''''ues
'en,I"
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\ppn)\'ed By
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'\PP"''''l,d II.-
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file:! IC:\AgendaT est\Export\92- Novem ber%20 13, %202007\] 6.%20CONSENT%20AGEN..
] ]1712007
Agenda Item No. 16D4
November 13, 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 Habitat for Humanity of Collier County, Inc.
(Developer) for deferral of 100'\10 of Collier County impact fees for an owner-occupied
affordable housing unit located at Lot 133, Trail Ridge.
OBJECTIVE: That the Board of County Commissioners (Board) approves. and authorizes the
Chairman to sign, the attached lien agreement with Habitat for Humanity of Collier County, Inc.
for deferral of 100% of Collier Cmmly 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 fe,,, fbr qualified affordable housing. Pursuant to this
program, an application lor def"rment was submitted by Habitat fe)(' Humanity of Collier
County, Inc., which application, ,dler stalT review, was dctermined to qualify few the program.
Habitat for Humanity of Collier County. Inc. will sell the unit to persons whose legal status wi]1
be verified, documented and kept on file at the olllee of Housing and Human Services. If the
developer fails to comply with the terms of the agreement. or the unit ceases to be utilized for
affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall
be immediately repaid to the County. including all applicable interest and penalties. The
property is located in thc Trai] Ridge subdivision in Naples.
The ordinance requires that a lien agreement be entered into with the Developer as a condition
of defen-al of the impact fees. Section 74-401 (3) of the Code authorizes the County Manager to
sign deferral agreements with Deve]opers 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 othelwise 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 $19,372.46 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 TlONS: The proposed Agrcemcnt is fully consistent with the intent
and purpose of Section 74-401 of the Code of Laws and Ordinances of Collier County.
-
STAFF RECOMMENDATlON: 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 Affordab]e Housing Dwelling Units it)!' Habitat for Humanity of Collier
County, Inc. located at Lot 133, Trail Ridge, Naples.
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
Rt"tunlfu
Agenda Item No. '16D4
November 13. 2007
Page 2 of 5
jirllnkRllms"y
liltS
3301 t:TllmiamiTrllil
r-llpICN.FLJ4112
File# 08-048-IF
This sJmc~ ror r~~urdilll\
LIEN AGREEMENT WITH I)EVELOI'KR FOR I)EFERRAL OF 100% OF
COLLIER COUNTY IM]'ACT FEES FOR OWNER occupum AFFORDABL[
HOUSING DWELLING UNITS
This Agreement is entered into this :, ___ day of OctobeL 2007, betwecn Collicr County, a
political suhdivision of thc Stale of Florida (COUNT'() and "llabital for Humanity of Collier
County. Inc." (DEVELOPER), collectively st.ated as the "Parties."
NO""', THEREFORE, for good ilnd valuable cC\Dsideratioll. th~: receipt and sufficiency of
which is mutually acknowledged. th(..~ Parties agree as fol1ows.
1. This Licni\grccmcnt is miK1c pursuant 10 ('haptcr 74 ()f the Code of La\vs and Ordinann's of
("(lllier County, Florid,l, klh\\Vn ,I~, - .nl~ Culiier County Cnnsolid:lted lmpacl Fee Ordinance"'
iOrdinanc.e) [n the. even: of ;lny c,mi1ic( \-viih lhi~; AgreemenL the l\.'rll1~; orthl~ Ordinam.:e shal1
apply.
The kg~ti dcscnpuon (Ifth; (!\\,c1ilnt: nii i~.: all~ll'hcd as Exhibit "1\."
The tern1 of th!~; /\gn~L'mcni i~ rr()jl': isslwnu.: (\f' this A~~rGC"ment urnd ;;i:. (O! month" ,:iter
i~suance (If the ccniflcate lIf uccup:mcy tiJr The (j\-vdling uniHs).
4. ['he amount of 111': impact fees deterred si1311 be paid 10 the C:OUl\TY in full upon the ,>ale of
the dwelling uniHs). uolc:-;;; the dwelling uniTS arc sold to households meeting the criteria S(~t
f~:lJih in the Ordinance. and the impact fees are duly deferred. As S(~t f(1l1h in Exhibit "B," the
amount of the deterred impact fees is J::-.jjpctC-!Jl ThQ.!:tsand Thrc~ IJundred S1;ycntv T\Y~Ull:!g
46/l 00 Dollars (l!2J71.412).
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 vvith this
Agreement. This Agreement shall operate as lllien against the dwelling unit(s). The lien shall
terminate upon the recording of n rclea..<;e or satisfaction of lien in the public records of the
COWlty. "111C deferrals of impuc1 fees and this Agreement shall run with the land, and neither
the deferred impact tees nor this /\grccl11ent shan be transferred, assigned, or othern'ise
conveyed from. Except as provided hy h.lw, regardless of any foreclosure on the first mortgage
or other security interest this lien shall ot.herwise he superior and paramount to rhe interest in
the dwelling unit or any owner. lessee, tenant mortgagee, or other person, except that this lien
shall be on parity with any lien for County 1:a.xes.
6, Upon thL' satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary documentation evidencing same, including, but. not limited 10, <3 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 3() di.lYs after written n0ticc is provided to the DEVEL,OPER, a
delinquency fe,e equal lo ten percent (I O(y(>) 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 f()Jih in the Ordinance, or bring a civil action to enforce this Agreement, or
Page 1 of2
Agenda itern 1\Jo. '16D4
November 13, 2007
P 'J"-
declare that the deferred impact Ices arc then in default and immediately due and payahle. The - age ~' or ~
COUNTY shall he entitled 10 recover ~jJl fces and costs, including altorney's fee and costs.
incun.cd hy the COlINT'{ in r.;nl'orcing this Agreement, plus interest at the then maximum
statutory rate !()r judgments calculated on a calendar day basis \ll1til pnid, DEVELOPER will
sell tbe unit to persons ""hose legal status 'Vvill he verified, documented and kept on fi.1e al the
office of Housing and Human Services, If the developer Jails tu comply with the terms of the
agreement, or the unit ceases to be utilized l'or affordable housing, or is not sold to legal
residents. the fun amount of Jcfl.,rred impact fees shall be immediatel) repaid to the County,
including all applic~hle interest and penalties.
8 This Agreement is the sole agreement helween the parties with respect to the suhjccI matter
herein. nnd shall h~ binding UPUl} the DEVELOPER'S sUCCCSSUTS and assigns in inttresL
9, This Agreement shall he recorded in tjll~ oHicial records of the County al no ('Ost to the
('Ol:N'I'Y
IN \\'ITl\lESS '''HEREOF, the Parties hLlVL' C':\t:cu1ed this I\~r('cm('nt 011 the dait' and YC~lr
first ;Ibov;.:: \Hiucn,
,\ticst.
[)y,.'I(flrI r:. BRr)('J<., ('k'rk
HUARD i)1 l'Ul:~TY ('OM!\1!SSl(l)~1 RS
('()U,;LF (-(nl~<T\', iTem!!).\
ij,,'"
L>,:
i-lq~Ul\ '- 'j'.:rL
\j\IL~ ("i)II'"!"'1 ,\ 'j,:iinn:Hl
DL'\'LLOPE,R: Hahitat for Ilum~mjl) pJ
Collier C,lunty, Ine
\\iitnesscs:
, J;': ".. <. '"..'
Pr,mt N-;:mc~~j" (--,C~",,_..-:.f;,~_ L _!o_c.L-~___
By
<;/
.~~~~~;I'J~':Lhj;,>~,=~--
fitle: President
//
,- ;~.
Print Namc_=.,
,-'-.../<-
. /'
3
:'.,.;,,-
STATE OF FLORIDA
COUNTY OF COLI.IEl{
Thc foregoing instrumcnl 'lA/as acknowledged before mc this day of
_______Octnhcr. 1007. by SnmueI J. Durso. M,D. as President for Habitat lor Humanity of
Collier County. Inc, wl~{) is personally known 10 me or ha.<:; produced _________________ as
identification,
1JIl('jt'AltfAtSEAI:}'" ,
.~ "j
'-:i>'
"
(Signnl;;~Nm;f)' Puhlic)
';';
,,,--,,,,..-,,,--,--"
APpr~.~'e,'d ",ao ."t"o,form and
legal ~1lfIi~i ~,..-
l~ I, !"!
~' ,.,J\
_,L~____,_,_
Jeffrey AJKI~tzkow
Chief Asfflstahl Counly Attorney
~ t;
,
(Print Name ofNntary Public)
Recommend apflfoval:
L ',---
("
.. .." '_',c,. ,.'
M;,rcy Krumbi~~7D'i-rccto-;(;f
Housing & Human Services
Page 2 of2
{eXHIBIT "A"
LEGAL nESCRII'T10N
Lot 133, Trail Ridge. accurding to the plat thereof,
as recorded in Plat Hook 44, Pages 71 through 77,
inclusive, of th(~ Public Records of Ctillicr Connty, Florida.
EXHIBIT "Il"
!MI'ACT FEE IlREAKnOWN
Type of hnpal..'i Fcc
A. EMS Impact Fcc
H. ('oITt',ctionaJ Facilitic:; ImpilCl Fet'
C Lihrar~ Impuc:t Fcc
]) CnlTununjjy P~lrk," !rnpnc1 I,'(T
[ Rc"!,"il'tHtl i1arks lmDilci FL~L'
!jucminn<l] Faclilu:~; ~':':-,l~:rn imp;KI i('~'
(J. Road !mpacl FL:C
JI. Go\'ernment Buiidings imra::t Fcc
I. Law En [()f(:::1J1cnt Imp,i\.'l J'e::
J. Water Impact Fcc
K. Sewer Impact fcc
TOTAL IMPACT FEES
if,,, ,\ppmvcd_/_m/
Agenda item f\)o. 16D4
November 13. 2007
Page 4 of 5
AmolJnl (hvcd
$100.59
$62.08
$36fL 18
$7:,().()(J
$1.bS().:)()
~:~_).S()::'..O(;
S6.1]:~lq.(I()
S410.0()
$171.61
$3.415.00
$3.515.00
$19,372.46
COLLIER COUNTY
BOARD 01'" COUNTY COMMISSIONERS
Item Number:
Item Summary:
'~'",-,,~,~ -"I,lT';Jr '~'J' t'e' r:" arc .,1
0:l"'-'"
"j :"~, 1~1"" '-,II:', ' :~c tat f'-, '-':_M"):' \; ')T Cr,II,,,,, "";Ulllv ".~
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","" ":11 " :::,n:
- '~v- 1:)1
'V'J!, '-,-II 1'\'>'
Page 1 of 1
'\.JGn::ih It,~rc "Ie hD-1
1'ir)yH,.
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','mIC ,,,,v',n,'!;'"
"I
',l, PI()~jP
l!"~'<
Meeting Date:
;:"",1. fl~y;"
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Prrpllrc-d By
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"'co" ,'n~: I,,; "-,,'r', J
,'i12 ;'OD"" ',_2'-' "',M
Approved Hy
hrll,,,I;,,,,
!),,-..'),
"'d,~i'
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I:Oh
\pprl\H'd By
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'ih
'(>.'3C': n~ - i C.:" t.i,~
file:!/C:\AgendaT est\Export\92- November%20 13.%202007\ 16. %20CONSENT%20AGEN..
';'J" 'Ii~,
111712007
Aoenda Item No. 16D5
, November 13, 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 Habitat for Humanity of Collier County, Inc.
(Developer) for deferral of t OO'~) of Collier County impact fees for an owner-occupied
affordable housing unit located at Lot 134, Trail Ridge.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Hahitat fi)]" Humanity of Collier County, Inc.
for deferral of] 00% of Collier County impact fees fe)r an owner-occupied affordable housing
unit.
-
CONSIDERATIONS: Article IV of Chapter 74 of the Code of Laws and Ordinances
established a program 10 dcllor impact fe<:s for qualifi.ed atl(xdable housing. Pursuant to this
proio'1'am. an application for dckrment was submitted by Habitat te)r Humanity of Collier
County, tnc., which application, after stafT review, was dctc11lJincd to qualify for the program.
Habitat for Humanity ofColli<:r County, 11lc. will sell the unit to persons whose legal status will
be verified, documented and kept on file at the o!lice of' llousing and Human Services. If the
developer fails to comply v;ith the lerms of the agreement or the unit ceases to be utilized for
affordable housing, or is not sold to legal residents, the full amount of defclTcd impact fees shall
be immediately repaid to the County, including all applicable interest and penalties. The
property is located in the Trail Ridge subdivision in Naples.
The ordinance requires that a I ien agreement be entered into with the Developer as a condition
of deferral ofthe impact fees. Section 74-40 I (3) of the Code authorizes the County Manager to
sign deferral agreements with Developers qualifying for impact fee defelTa]s 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 Att011ley'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 $19,372.46 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 74-40 I of the Code of Laws and Ordinances of Collier County.
-
STAFF RECOMMENDATION: That the Board approves and authorizes the Chairman to
sign the attached Lien Agreement for DefelTal of 100% of Collier County Impact Fees for
Owner Occupied Affordable Housing Dwelling Units for Habitat for Humanity of Collier
County, Inc. located at Lot 134, Trail Ridge, Naples.
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
HNurnlo
Agenda Item No. 16D5
r~overnber 13, 2007
Page 2 015
I'rankRlIIllSl')'
mls
33111 E Tamillmi Trail
N"ples, FLJ4112
Filc# 08-049-IF
This ,pat\' f<lrn'n)rdill~
LIEN AGREEMENT WITH DEVELOl'ER FOR DEFERRAL OF 100'\,,, OF
COLLUm COlJNTY IMPACT FEES FOR OWNER OCCUl'IED AFFORDABLE
H0I1SING DWELLING UNITS
This Agreement is Gt1lercdinto this
day of October, 2007, hetween Collier County, a
political subdivision of the State or J.'Iorida (COUNTY) and "Habitat for Humanity of Collier
County, Ine."' (DEVI-:I.oPER), collec.tively stated as the "Parties."
NOW, TlllI:REFORE, ['ur good and vahmblc cunsideration. lhe recc;lpt and sufliciene;i of
\vhich is lllutually ad~nO\"kdg.ed. the Parties agree w: rollo\\"~;:
I, This Lien /\grccm~nl i~; made pursuant [(I Chapter 70t of the Code ilf!.<:l\\'"s and Ordinances of
Collier COUl1lY. FlnriJa, knol.vn T; "The (,oHier Cnllmy (lln:;(\]id:lted Imp:Ki l'et' Ordinancc"
i()rdinrU1CC). In thc ~:'d?lH d'an, conflict 'with Ini-, .'\.,!2re:;:mt~nl, t!K l(;nn~; OCilh_ (ndinanc(: ~Jwll
:lpply.
rhe Ic!;~d dc',;cri;lli\Hi nithe (h;vci!:ng lmi! i~, attached :10; I':shihil /\
1, The term of thIS ,\.:,!J('(:!n;'nt l~C ii'om is:m:]1)cc oj" this,\[:.!'CCcmTi u1l\il :;1';
m':Jn:l::,- ::ncr
:~;~;uanc~~ ()Ithl~ ccni!'!c.1tc 1_,f'oc-.:::upal1cy It)r Jl(~ dwel!ing un)n~.~
4. The amount of the impact !'l~CS dcfc!"n_',j :;haH bc paid to Ow ('(l[ :NTY in Cull upon thv _';ak or
the dwelling uniusL unless the d'v\"c!Jing units arc soid to households nwcting the. (',riteri:; sc1
forth in the Ordimmec. and the im[1iH.:l lees are dul)-.' defcm;d. A~; :"et fmlh III Exhibi! "B.'" the
amount of the OCfC1TCd impact fees is liiD~1;Qm_Jltousand Three I rllndrc~L_BS0~gJJJ'-":[\jT and
1f1! J 00 Dollars ,($19.3 72.4!i).
5. lllC defen-ed impact fees shall be a lien on the property described in Exhibit "A," which lien
may be foreclosed upon in the event of non~compliancc \\'11h the Ordinance or with this
Agreement. This Agreement shall operate as a lien aguin:-.1: the dwelling unit(s). The !ten shall
terminate upon the recording of a release or c:alisfactiol1 of lien in the public records of the
County, The del'errals of impact fees and this Agreement shall fun with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed from. I:xcept as provided hy hl\'I-'. regardless of any foreclosure on the first mortgage
or other security interest, this lien shull otherwise he superior and paramount 10 the inten:sl in
the dwelling Wlit of any owner, lessee. tenant, l11ongagce. or other person. exc,ept Ihat this lien
shall be all parity \ovith 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 10, 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 da~'-s after writlcn notice is provided to the DEVEL,OPER, a
delinquency fee equal to ten percent (10u/'O) of the total impact fee imposed shall be assessed.
and the COUNTY may, at its sole option, col]eet 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[;5
November 13, 2007
Page 3 of 5
declare that the deferred impact lees are then in default and immediately due and p<JyabJe. "J11C
COUNTY shall be entitled In recover all fees :l11d costs. including attorney's fee cmd costs.
incurred by the COUNTY in enforcing: this Agreement. plus interest at the then maXJJllUm
statutoI') raie for ,judgments calculated nn a caknJar day IX.lsis unlil paid. DEVELOPER will
sell lhl;' unit to persons \4,'hose legal status vviIJ be veriiied. documented and kept on lile at the
ofTicc of! lousing and IIUl11an Scrvict"s, If the developer fails 10 comply with the tenT1S (l[ the
agreement, or the unit ceases to be utilized 1'01' alTordablc housmg, or is not sold to legal
residents, the rull amounl of deferred impact fees shall he immediately repaid lO the C\lunt)/_
including all applicahle interest <.Iml penalties.
R. This Agr~~e1Tlenl is the sole agr~'l'mC11l [-;('twecn lhe parties with respect 10 the suhject mailer
herein_ J.nd ~halj he hinding llpon the iWVl".LOPI~:l{'S ::uccc~:sors and ussigns in inlcn.'sl.
9. fhis Agrc('mcnt shall be rccurdcu in the nflicial rt.::.:ord>; nf the County at no cost ((1 (he
CO!)"TY.
1'\ WIT'\ESS WHEREOF, :Ile: Pall'," Imc ','"cellld Ih,s .\cle'enlcm un the- d,"e ,md ,,'ur
firs! ;JbCl\'l' wriucn.
:\Hcc,i:
D\\'\C;-lI'! ,. !iR()('!... Ck:r'i:
iHJ\!,J) OJ. ('i )11<! 'y' CC lMf\.llSS10NJ [.:~~
,_"Jl.I,iU{ (q1:vry I"r (llZH).\
p.,.
.,:,.
~h'
i h']'Ul: CL.'rL
}\~1!:,~, ('():I- ;'\. Chairnw!l
nf\'ELOPER: llabit;lt lor I Jumanii) \'1
COllil'f Count;. Inc.
Witne~ses:
'-'-
~,:-_L~:..
/'
lSy:
. .,' /. " -'
S;;l; ~I-el-Y~~'~<;o. 1\'1. D~-
Title: I~esidcnl
/
Prin.1 Name
L-i
I'"
i'~
Pri'nt
/j
STATE OF FLORIDA
COUNTY OF COU.IER
The foregoing instrument v..-as acknowledged before me
____Octoher, 2007. by' Samuel J. Durso. M.D. as President for
Collier Couoty. Inc. vvho is personally known to me.' or has produced
identification.
this
Habitat
'-' Jay of
for Humanity of
as
I !':I9;IN}JcU^S.GAL1~^~'
,"" ',"'" - '.,' ""','
" ~;..~___ ____'....::.:.._-+----___,,-"_L_:_.:._:____
(Signature nfNotmy Puhlic)
, ~ L .
(Print Name of Notary Puhlic)
Recommend appro\'aJ:
I
I
! I -IT
-r---
....
J-cffTCY~. ~~k(~;-~-------
Chief /'lSis~rt County Attorney
~
-'~~i"'-'-'----':
- Marcy Krumbine. t~irector of
Housing & Jlumml Services
Page 2 of2
EXHrBIT ""A"
LEGAL DESCRIPTION
Lnt 134, Trail Ridge, according to the plat thereof,
as rt.'{'ordcd in Plat Book 44, Pages 71 through 77,
inclusive, of the Public Records of Collier Count)', Florida.
EXHIBIT "B"
IMP ACT FEE BIU:AKDOWN
Type of I mp:lct Fcc
A. l::J'v1S Impact Fce
B. C:orrcctionul r'acililics impact Fcc
C. Librar) Irnpacl Fc!.:
D ClHllmunilY Parks !mpilcl Fee
L Ecginnal J'nrb imract Fc'C'
Fducnlional F~Kiilt;c.< '.-'~;lC1n Irnp~lc\ h.'(;
(i. RoaJ hnpac:Fcc
I!. (rnvcrnment Buildings Impuc\ F(:t;
I. Law Ent"orc:mcnl Impact Fcc
J. Water Impact F.;,'c
K. Sewer Impact Fcc
TOTAL IMI'ACT FEES
JAK Arpro~'<.:d.~, __1__
Agenda Item No. 1605
November 13. 2007
Page 4 of 5
Amount O\\"cd
$100.59
$(J2.08
S.~68.1 Ii
S750.00
:i;l.<l_"l)()O
{t,L:\():~,O(!
];(lJ69.00
S410.00
~171.() I
$3,415.00
$3.515.00
$19,372.46
5
COLLIER COUNTY
E!O/l,RD OF COUNTY COMMISSIONERS
Item Number:
Item$ummllry:
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Meeting Date:
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file://C:\Af!endaTcst\Exoort\92- Novembcr'%20 13. %202007\ 16,%20CONSENT'-'1020AGEN_.
11/7/2007
Agenda Item No. 16D6
November 13, 2007
Page 1 of 5
~
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a Iicn agreement with Habitat for Humanity of Collier County, Inc.
(Developer) for deferral of 100'Yo of Collier County impact fees for an owner-occupied
affordable housing unit located at Lot 135, Trail Ridge.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authOlizes the
Chairman to sign, the attached lien agreement with Habitat for Humanity of Collier County, Inc.
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 qualii1ed aflordable housing. Pursuant to this
program, an application for deferment was submitted by Habitat for Humanity of Collier
County, Inc., which application. after staff' rcview, was detemlined to qnalify for tbe program.
Habitat for Humanity of Collier County, Inc. will sell the unit to persons wbose legal status will
be verii1ed, documented and kept on iile at the ol11ce of Housing and Human Services. If the
developer fails to comply with tbe terms oftbc agreement. or the unit ceases to be utilized for
affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall
be immediately repaid to the County, including all applicable interest and penalties. The
property is located in the Trail Ridge subdivision in Naples.
The ordinance requires that a lien agreement be entered into with the Developer 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 Developers qualifying for impact fee deferrals for affordable
housing, whieh 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 Atlomey's Off1ce has detelTIlined 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 $19,372.46 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 whcn, this would occur.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: The proposed Agreement is fully consistent with the intent
and purpose of Section 74-40 I of the Code of Laws and Ordinances of Collier County.
---
STAFF RECOMMENDATION: That the Board approves and authorizes the Chairman to
sign the attached Lien Agreement for Deferral of 100% of Collier County Impact Fees for
Owner Occupied Affordable Housing Dwelling Units for Habitat for Humanity of Collier
County, Inc. located at Lot 135, Trail Ridge, Naples.
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Sel'\'ices
Agenda Item No.1 €;D6
November 13, 2aOl
Page 2 of 5
Rdu~nlu
h~nkRllmS('Y
liftS
3]UI ETllmhllniTrllil
"'apks. FL34112
I'ilc# OR-050-IF
This Sfl"C~ rnr r('cordin~
LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF
COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE
HOllSING DWELLING UNITS
This Agreement is entered into this day of OctoncL 20G?, hctv~Teen Collier County. a
political subdivision of the State 0f' Florida (COUNT'Y') and "Habitat for Humanity or Collier
County, Inc." (DFVELOPf]{), cnUecti\'dy stated as the "Parties."
NO'~.r, TI-Il,:REFORE, for good and valuahle consideration. the receipt and sufliciency of
which is mutually acklHl\v1c'Clgcd, the Parties agree as t'ol1mvs:
1. l'hisLicn Agreemen1 is made p\lr~;[Ja.nl \0 Chapter 74 of the Code or Laws and Ordinmlccs of
Collier (',Ollllly. Fl(;rida. k.nown as . rhe Collie! County' Ciln~olid:J1Cci impact Fcc ()rdinancc"
fOrdinancel. 11\ tht: (:\.'~'n( nl :lny conflict \vith this i\~~rc~:llJulL tht'. t~Tms III the ()reilnau('C ,;]wl1
Clpply
The description urIhe llv....clling unit i" ,JUack:d ;1<; j,:,:hihp "
nIl' tr.;rm pC ihi:.: /q;rccmcql j,: from !s>;uancc of thj,; Agrl:l'nlGtH unti) (:j,: 16'1 1l1(lnthc: :.!!kr
issuance nfthe c.~~riific~:k ojne~:urancv fi.lr the dwdhng uniUsi.
4. The. J.mount of the imp::lct fees deferred shall he paid 10 lhe (:01 :t'~TY in fulJ upon the ~;ale of
the d\vclling ImiHS). unless thc dwelling unite< :J.fC sold to households meeting the criteria ~;ct
fCH1h in the ()nlinan<,.:c, and the impact fees an: duly deferred. As ~;et forth in Exhibit "B," the
amount of the dderreu impact I(~cs is Ninc~~.!1.lh(luSQJ1~IllreGJ:hmdreLSITy-.nty._~bY9 and
4611 00 Dollars ($19.372.4(jj.
5. The deferred impact fees shall be a licn on the property described in Exhibit "A.," which lien
may be foreclosed upon in the event of nOll-compliance with the Ordinance or with this
Agreement. This Agreement shall Opl'rutC 3S a lien against thc dwelling unites). The lil~n shall
terminate upon the recording of a release or satisfaction of lien in the puhlic records or the
County. The dderrals of impact fees and this Agreement shall run wit.h the hilld, and neither
the deferred impact fees nor this Agreement shall be transferred. assigned, or otherwise
conveyed from. Exccpl as provided by law. regardless of all)' forcr..:losure on the first mortgage
or other security interest, this lien shall otherv,rise l-)(.~ superior and paramount to the interest in
the dV'idling unit of any owner. lessee. tCOat1!, mortgagee, or other person. eXCt-'pt that this lien
shall be on parity with any lien for County taxes.
6. Upon tht, satisfactory completion of tn;s Agreement's requirements. COUKry 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 v,rritten notice is provided to the DEVELOPER. a
delinquency fee equal to ten percent (l0%) of the total impact fee imposed s1:1a11 bc assessed.
and the COUNTY may, at its sole option, collect the impact fee amount in default and
a'>Scssmcnt as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or
Page 1 01'2
Aqenda Item r'~o. 16D6
- November 13, 2007
declare that the deferred impact fees arc then in default and immediatd:y due and I1nyable, The Page 3 of 5
COUN.fY shall he emitled to recover ull fee:- and costs, inducling nttorney's ice and costs.
intuITed hy the COUNTY in enforcing this Agrecll1t:nL plus interest at the then maximum
statutory rate for judgments calculated on a calendar dJ.Y bJ.sis until paid. DEVELOPER \vilI
sell the unit w persons whose legal statu5 will b,~ verified, documented and kepI (Ill file at the
office of'Ilousing and Hum;m Services. Tflll!: developer [<lils 10 comply with the t(;.'nns of the
agreemenL or the unit ceases to be utilized for affordubJc housing. or is not sold to legal
residents, lhe full amount of deferred impact [Cl'S shall be immediately repaid to the County,
including all <Jpplicablc interest and penalties,
g. This Agreement is the sole ugrc(~mcnt between tIlt' parties \vith respecl tn the :;ub.iec,( mailer
herein, and shall be binding upon the DFVELOPUCS sUccc~;s(lrs and assigns in interest.
() )"hi5 Agrct'mellt shall he recorded in lite ollicwt l'l'cmds p1" the ('PUllt) at IH,\ ellS! 10 the
COlTNTY.
IN \\.'rTr\ESS \\TIEREOF. tbe !l;Jrrics h;J\'l' (~x~'cutcd tllis '\grcl'lnent (HI the ddLC :mu >\.:'~lr
fir:,1 ;J!w\"(' \\Tllh',n.
\i!z':;t:
B()id~1) (ll: ~'()I':-,: r\ ('OMi\1ISSjONU~S
i )\\'](;;r! i: H!':! l( 'k.; 'kri..
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ll'.-pu]\ I'.i~'rl:
\\'1i':-; r: OJ.I I.j \, CllalJ'Tl1an
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ell her COll1l1y. Ine
\Vitm:sscs:
_-i':C L_LLj~i-_~.__L:-: W' __ _____ ___, _____
Vrili"tName_:::t.l~:~::si:,_ ;"-----1~b__!__~ 'L.i...-,,---~
/ '
By:
/
/>/
,/ .'---'-----: :_: :.:_--~---
Samuel J/Durso, M.D.
Title: l~esidenl
---._-'--------.,-._;---r-'---:---c-'-._,__~'______~.~
Pr]nlNamc___~Ji.L_L_:,::_'__~~
STATF OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged he fore me
________._.-,_ _ OClohcr, 2007. hy Samuel.!. Durso. M.D. as President for
Collier County_ Inc. who__is pcrscmQ.Jly JnOWJl.-ICl_JJ!f: or has produced
identi fic8tion.
this da)' of
T Iabilal for II umanity of
as
[N0'fAIH"':l':>'fi'\'l4~'-'"~"-
._.~~:._LL"::-__ ._~_"_.
-,~+_._---
,,:"j{J/.
(Signature of NOlar"y Puhlic)
,,.,.'.-.'
.- ',,- ,,-
------"-----~,-,..-_,----~-----
(Print Name of Notary Puhlic)
ReC{lmmcnd app~oval:
,
) ',' ,'. ,_. -.~
Marcy Kru~hi-;J~'r~i~-ector of:
T loming & Human Services
Page 2 01'2
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 135, Trail Ridg(~, according to the plat then'of,
as rccordt~d in Plat Book 44, Pages 71 thnmgh 77,
inclusive, of tbcPublic Records of Collier County, Florida.
~:XHIIlIT "u"
IMPACT FILE IlREAKIlOWN
Type of Impact Fcc
A. EMS fmpact Fee
B. COlTcctional Facilitieslmpacl ]:ec
C", Library lmp:lc1 Tel'
D. COTnmunlty Parks [mract I
L. Regional Park:, imp<lct Fcc
F. Fducut,,,n:iI hle,];"cs S,,"elll Imp:!'" Fcc'
(, R03d Impac1 Fcc
U. C;ovenUllCI11 Buildings lmpacl r;c\..'
I. Lavv Enforccmen1 impacl Fcc
J. Water Impact fee
K. Sewer Impact Fcc
TOTAL IMI'ACT FEES
J^K Approved _/_/
Aqenda Item No. 16D6
. November 13. 2007
Page 4 of 5
Amount Ow(~d
$100.59
$62.0g
S3h8.U';
$750.no
j; 1.659.00
S2.~;6:::.()(,\
:F6JJ59.00
jA]O.OO
$171.6 ]
$3,415.00
$3.5]5.00
$19,372.46
Page 1 of 1
L,oenr:l.s I[elr! Ho_ 1GD
'Jjo\lcmbertJ,2iJO
;:';noS
COLLIER COUNTY
BOARD OF CDUNTY COMMISSIONERS
ttemNumber:
~,>)C
JlemSummary:
F-:c,:/)r ,-,pl) :;;:I<m J',<J' :t'", 11~",;r-~ ,~i ~l",ir'1\\'- ,:>n'..,Ii:o;l",,"-r," ;;L'P "''-'"5 YI:, 2um ',-;/(;, :I;f'
"",2rmu:', t,';, sr~rl d '1"1 J':ir..cri1U~! Witt i'i,lw;tal fo" H~'1119fHt'>, 0' (' ;Jlllel (,Ute'l(\; Ins
'C\j,,'I')['~1 rD' jt'iH:'iJl (',I 'I (1("" (Jf :>;: 'E" '~-:'-:>;_;r,'\' "':L-oLI 1(,'2', 'ur :'If.- !y,"'''''' ';~'''"u
If;o. J',r);(,- lC-U~I'1(] : rrr' :,'Il;,,~ ill _ e)l 1,';' ""iJ" F',i1();;
Meeting Date;
)(';
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Prepared By
r"d-F-','W"J'\'
CHi; ',uc:,,,,,,:'",,",'i,,';i'l,,r
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,\ppr""l'd By
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-'\ppnll'ed By
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11171?nn7
Aqenda Item No. 16D7
- November 13. 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 Habitat for Humanity of Collier County, Inc.
(Developer) for deferral of 100'}"0 of Collier County impact fees for an owner-occupied
affordable housing unit located at Lot 136, Trail Ridge.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Habitat for Humanity of Collier County, Inc.
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 Habitat for Humanity of Collier
County, Inc., which application, after stafT review, was detennined to qualifY for the program.
Habitat for Humanity of Collier County, Inc. will sell the unit to persons whose legal status will
be verified, documented and kept on file at the officc of Housing and Human Services. If the
developcr fails to comply with the terms of the agreement, or the unit ceases to bc utilized for
affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall
be immediately repaid to the County, including all applicable interest and penalties. The
property is located in the Trail Ridge subdivision in Naples.
The ordinance requires that a lien agrcement be cntercd into with the Developer as a condition
of deferral of the impact fees. Section 74-401 (3) oftbe Code authorizes the County Manager to
sign deferral agreements with Developers 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 agreemcnts be placed on the Consent Agenda for the
Board's review, approval and Chaim1an's signature.
FISCAL IMP ACT: This agrcement defers $ I 9,372.46 in impact fees. Although it is expected
that the County will ultimately collect thesc 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 Habitat for Humanity of Collier
County, Inc. located at Lot 136, Trail Ridge, Naples.
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
Page 10ft
COLLIER COUNTY
BOfdW OF COUNTY C:)MMiSSIJNEP.S
Item Number:
ltemSummary:
F~d::;(lmm,"11ClJ\lor' ha: ,,"(: ,~oarrJ 0' c.,)"r)\\, c.omm~ss'()'lers Cj;;proves. .'inn 811:llor;?e~, tne
c..",:wrr:i.l" 1<) ~ig'l d 1,(',., aq,.",enlHII 'Nlll1 H<Jt"wt '0:' '''JlTla'llt\' oi Coillt." - eun!y. irK
Develo(l~1'! hr' de;ew.II.Jf 100'.; C1: :::;uliier CClIntv "llP;.I~' ices icr ,m O\"!I1E'r..OCCcltllSd
J!t~, ~Jill'll,:', nUll';l; (j ',.':'11' I:', a:",o iJT l ,.,:
"r;'l.:"'''J(I(
Meeting Date:
111 ::'J2G::'-;' 9.0:' un .I,M
Prepared By
I'-,ankf'{ams<>y
SH'PProgrilm Coord",,,,,,,
Dille
Public Services
Hou'>lng ~"d Human Sf"rv;cns
10;12i2007" t.J5:2~ AM
Approved By
Marcy Krumbine
D1r!=~!or
0.'11<1
Public Services
Housin9 & Human Ser'li~er.
1012JI2007$;25PM
Approved By
Mvrlilknmspv
hJlllic .';ervl~e'; Aamlrw:trJ1or
[)~I~
PubllcSenices
PUblic Servi~es /l.dmm
10124120[)74:49PM
Approved By
JdfKIJltVO,.,..
p.,,~,uan! County hltDrney
(1m"
('.ount;!\ttqrnp'
~ ; () un]', !\ tl(;rnr.'\' ':)1,', c,
10,'25,:2()~7 7:SCiMI
AllpTfl\'ed By
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AJlprovcd By
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, ". ~ ,. ;~r: :.17 ; 1 :3 !
Approved By
J~mw, ".':U(V
CUUn1' :'foi\ll:Ig~:
rln'
Ei OJ rd of C f)ull~ V
~,c)\mt) r,""n,'\uer"; C!ffiC'.'
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file://C:\AgendaTest\Export\92-Novembcr%20 13,%202007\ 16, %20CONSENT%20AGEN..
J J1712007
RCHrrnt"
Item h.:c, 'ji3J
hJOvernbe; 1 ~:. 200
8ags :3 of
Fralll.RHm~cy
IIIIS
3301 E lamiamil'rail
'afllc~, n.J4112
File# 08-051-IF
r1li"llar\.r"rrrl'llrdinJ;:
LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 1011':;', OF
COLLIER COUNTY IMPACT FEES FOR OWNER OCelll'lED AFFORDABLE
HOUSING DWELLING lINITS
This Agreement is entered into this ~_ day 01" October. 200? between Collier County. a
political subdivision 01" the Stale of Florida (COUNTY) and "Habitat for Ilumanity of Collier
County. lnc." (DEVELOPER), collectively stated as the "Parties."
NOW, THEREFORE, ror good and \'aluable consideration. the receipt and sufficiency of
which is mutually acknowledged. the Parties agree as 1'0110\/"5:
I. This Lien Agreement is lTI:Jde pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County. Florida. kmmll [L<'; "The Collier County Consolidnted Impact Ft.'c Ordinance"
(Ordinance). In tbe event of any connict with this Agreement. the terms or the Ordinance shall
"pply.
,
The legal description ol"the dwelling unit is attached as exhibit "A.n
3. The h:nn of this Agreement is l'f()ll1 issuance of this Agreemcnt until six ((l) l110mhs aHcr
issuance of the certificate of occupancy I"or the dwelling Unil( S).
4. The amount or the impact fees dckm:d shall be paid 10 the COUNTY in full upon the sale or
the dv..'cliing uniUst unless the dweliing units ::Ire sold to households IlK'Ctltlg tll,-. criteria set
f()rth in the Ordinance. and the impact fees an: duly deferred. As sct 1'01111 in Exhibit "B." the
amount of the deferred impact fees is Nineteen Thnuslmd Three Hundred_~eve!lt" TW(l amJ
46/]()() Mars 1$ 1 'J.31:2_d!D.
5. The deferred impuc1 fecs shall he a lien on the property described in Exhihit "A:. ,,'hieh lien
may he foreclosed upun in the event of non~compliance 'with the Ordinance or with this
Agreement. This Agreement shall operate as a lien against the dwelling unil(s). The lien shall
terminate upon the recording of a rclca,>c or satisllH.:tion of licll in the public records of th~
County. The deferrals of impact fcc's and this Agreement sh:JII run with the land. and neither
the deCcrred irnp<lct fees nor this Agreement shall h,' transtl'rred. assig:nl'd. or athern'ise
conveyed lrllm. Except:.ls provided hy la\'.:. regardless of any !l)rcclosurc on the first mortgage
or other security interest. this licn shall othcf\'.'isc ne superior and paralllllunt to the intcTcsT in
the dwclling unit or uny owner. lessee. tcnant. mortgagee. or other person. except that this lien
shall he on parity with any licn for County taxes.
6. Upon the smisfaelof)' completion oj' this ;\.grccmcnt's requirements. COUNTY shall record
any necessary documcnt,llion evidencing same, including. hut not limited to. a full or partial
release of lien.
7. In the event thc DEVELOPER is jn default under tbe Ordinance or this Agreement. and the
default is not cured within 30 days after written notice is provided to the DEVELOPEH.. a
delinquency fee equal tu ten percent (100;;,) of the total impact fee imposed shall hc a,>sessed.
and the COUNTY may, at its sole option. collect the impacl fee amount in default and
assessment as set forfh in the Ordinance. or hring a civil action tn cnforee this Agreement. or
Page 1 of2
Aaenda Item No 16D7
. November 13. 2007
Page 4 of 5
declare that the dcferred impact fees an: 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:-> interest at the then maximum
statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will
sclllhe unit to persons whose legal status will be verified, documented and kept on file at the
office of Housing and Human Services. If the developer fails to comply with the terms of the
agreement. or the unit ceases to be utilized for affordable housing. or is not sold to legal
residents, thc full amount of deferred impact fees shall he immediately repaid 10 the County.
including all applicable interest and penalties.
8. This Agreement is the sole agreement between the parties with respect to the subject matter
herein. and shall be hinding upon the DEVELOPER'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 ""HEREOF, the Panics have executed this Agreement on tbe date and year
first ahove \"irittcn.
Attest:
DWIGHT E. BROCh. Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
. Deputy Cler\.;
JAMES COl.ETTA, Chairman
DI':VELOPER: Habitat for Humanity of
Collier County, lnc.
Witnesses:
(1..
By; \ <...____....:.:
SamueIJ;:-Durso-. M.D.
Title)~'rcsident
Print Name
m,f'
::',-~
-~~-'-~---~--
Print Name_~_:~~_:"~.__~:"_L
STATE OF FLORIDA
COUNTY OF COLLIER
Tht.: foregoing instrument was acknowledged hcfore me this day of
___ Octoher. 2007, hy Samuel .l. Durso. M.D. as President for lIabitat iOT Humanity or
Collier County.. Lnc. \'\'110 is personally knov..n to_ me or has produced __._..__w as
identification.
[NOJAllJA.W)EAkj.
~ ->'" '''' , ",:
~ ~~L
;,-:;''',7.',/
-----
(Signature of Notary Puhlic)
, ,
""V","~''^^I'",^,^",..,..., ",^",~-VVJV>^^";;
. '.
-'-~------
(Print Name of Notary Puhlic)
Rcco~mend approval:
Jeffrey*,. 'atz.kow
Chief A~sisfuht Countv Attorncv
\1 . .
~
Marcy Krumbinc. Director of
I-lousing & Human Services
Pagc2of2
EXHIBIT "A"
LH;AL I>ESCRII'TION
Lot 136, Trail Ridge, ac('ordin~ to the plat thereof,
as recorded in Plat Book 44. j)Hg:CS 71 through 77,
inclusin, of the Public Records of Collier Count}, Florida.
EXHIBIT "~B"
IMPACT FEE 8REAKIlOWN
Typ<<.' of Impact Fcc
A. EMS Impact Fee
B. COITI:ction<.t] Facilities Impact Fee
C. Lihrary Impact h:c
D, Community Parks Impact ll'c
I' Region;.!l Parks impact h:c
F. Educational r;acililics System Impact I'-c(,'
(i. Road Impact Fcc
I L C;on:mmcnt Buildmgs lmract l'Cl'
l. LJW Lnforccmcl1( Impact FCl'
\\;alcr Impacl Fcc
1\.. Sev.'cr Impact J,'ce
TOTAL IMI'ACT FEES
.lM,;\pplOvcd_
Amount Owed
$1011.59
$62.08
$~(l~Ul\
$750.00
$1.659.00
$2J~62.00
$6.059.00
$410.00
$171'()]
$1.415.UO
$1.515.110
$19,372.46
de: !t;:1rY; [\Jc. ,,[ 6D
hJ:::.lVeniOer 13. 200
~.fage :) of
Aqenda Item No. 16D8
- November 13. 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 Habitat for Humanity of Collier County, Inc.
(Developer) for deferral of 100% of Collier County impact fees for an owner-occupied
affordable housing unit located at Lot 137, Trail Ridge.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Habitat for Humanity of Collier County, Inc.
for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing
unit.
CONSIDERA TIONS: 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 Habitat for Humanity of Collier
County, Inc., which application, after staff review, was determined to qualifY for the program.
Habitat for Humanity of Collier County, Inc. will sell the unit to persons whose legal status will
be verified, documented and kept on file at the office of Housing and Human Services. If the
developer fails to comply with tbc terms of the agreement, or the unit ceases to be utilized for
affordable housing. or is not sold to legal residents, the full amount of deferred impact fees shall
be immediately repaid to the County, including all applicable interest and penalties. The
property is located in the Trail Ridge subdivision in Naples.
The ordinance requires that a lien agreement be entered into with the Developer 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 Developers 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 $19,372.46 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 Habitat for Humanity of Collier
County, Inc. located at Lot 137, Trail Ridge, Naples.
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
Agsnda Item No. 16L)8
November B. 2007
Page 2 of 5
l{("lurnlo
hllnkH.ams\')
I illS
33U1 r'l lImillDll Trail
"'lIflle~. H..l4112
File# 08-052-IF
TllisS[>>lurorfC("llrlling
LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 1011% OF
COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE
HOUSING DWELLING UNITS
This Agreement is entered into this __~ day of October. 2007. between Collier County. a
political subdivision of the Stale of Florida (COUNTY) and "Habitat for Humanity of Collier
County, lne:' (DEVELOPER), collectively stated as the "Parties:'
NOW, THEREFORE, for good and valuable consideration, the receipt and sufTiciency of
which is mutually acknowledged, the Parties agree a<; follows:
I. This 1 ,jen Agreement is made pursuant lO Chapter 74 or the Code of Laws and Ordinances of
Collier County, Florida, knov'il1 as "'rhe Collier County Consolidated lmp<lct Fcc Ordinance"
(Ordinancel. In the event or any eonnicr with this Agreement. the lenns oftb~ Ordinance shall
apply.
The legal description of [he dwelling unit is attached as Exhihit "A,"
.. The term or this Agreement is from issuance of this Agreement until six (61 months after
o
issuance ofthe certificate of occupancy for the dwelling unites).
4. The amount of the impacl fees deferred shall bc paid to the COUNTY in full upon the sale of
the dwelling unit(s), unless thL' dwelling units arc sold to households meeting thl' criteria set
forth in the Ordinance. and the impact fees arc duly' deferred. As set forth in Exhibit ';R." the
amount of' the deferred impact fees is Nin~J~en Thousand Three H.1!.ndred Sevent\' Two and
46ll0(J Dollars ($19 372.46).
5. The deferred impact fees shall be a lien on the property described in Exhibit "A:' which lien
may be foreclosed upon in the cvcnt of non-compliance with the Ordinance or with this
Agreement. This Agreement shall operate as a lien against the dV'iclling unit(s). The lien shall
terminate upon the recording of a release or satisfaction of lien in the public records or the
County. Thc deferrals of' impuct fees and this Agreement shall run with the lund, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, (Ir othen\'isc
conveyed from. Except as provided hy la\\'. regllrdlcss of any foreclosure on the first mortgage
or other security interest. this lien shall othervvisc be superior ;md paramount to the interest in
the dwelling unil of any ovvncr. lessee. tenant, mortgagee, or other person. eXl',cpt that this lien
shall be on parity with any lir:n for County laxes.
6, Upon the satisfactory completion of this Agreement's requirements, COUNTY shall n:cord
any neeessar) documentation evidcncing same, including, hut not limited to, a full or partial
release or 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 he assessed.
and the COUNTY may, at its sole option, co!lect the impact fee amount in default and
assessment as set foIih in the Ordinance, or hring a civil action to enforce this Agreement, or
Page] of2
dcclure that the dcfcm:d impact fees are then in default and immediate!) due and payahle. The
f\oellOB Item I'k 16DB
, hlovemoer 13". 2007
Page 3 of 5
COUNT)' shall hl' entitled to reco\'er all fees and costs. including attorney's fcc and costs.
incurred hy the COl!NT'r" in enforcing this Agreement. plus interest at the then maximum
st~ltut()ry rate I{lr judgments calculated on a calendar duy oasis until paid. DEVELOPER will
sell the unit to persons v.hosc legal st:Hus \\'ill be verified, documented and kept em file at the
oilicl' of] lousing and I!uman Services. 11' the den:loper fuils t\,l comply v,:ith the terms of the
agreement. or the unit ceases to he utilized for aJTordahlc housing. or is not sold to legal
residents. the full amount of dcferred impacl fees shall be immediately repaid to thi.: County.
including all <lpplieahlc in1erest and penalties.
8. This Agreement is the sole agreement between the rani!;;S with respect to the subject matter
herein, and shall he hinding upon the DEVELOPER'S successors and a"isigns in interest.
9. This Agreement shall he recorded in the official records uf the County at no cost to the
COUNTY.
IN WITNESS WIIEIUWF, the Parties have executed this Agreement on the date and year
first above written.
Attest:
IlW]C;]-IT L BROCK, Clerk
HOARD OF COI 'NTY COM\1ISSIONFRS
COl.LlER C01INTY. Fl.ORlIJA
By:
By:
. DCPU1Y Ckrk
JAMES C()LL ]"1'.\. Chaim1an
nF"VI':L()IIER; IJahitat !tll" llumanity or
Collier County. lnl:.
\Vitnesscs:
,
i:;riri!Name ~~L~~i;;i
Bv:
/,~."
-~~:-,- _.----~---
'Samuel J:Uurso. K1.D.
Titlt;Aresidcnt
Print Name
-------'--'----'---,.
STATE OE Fl.ORII);\
('O\JNTYor COLLlI:1<
The f{)f(~guing instrument was acknowledged hch)fC me this
_ _ _________ UCiohcr. :?007. by Samuel .I. Durso. M.D. as President l{)t" Hahitat t{)f
Collier County. Inc. \\'J1O is personally known t(~__me or has produced _____n
identi fication,
day- of
Humunitv of
as
["!"H.?\R17lT:m?ALj'"'""
;-~~/
~''';';:'''';'"^^,"\J'V'./V''VJ;.f',,,-r,.' /-",,.,.
lSignature of Noiary Public}
-~----'----'-~--~~~--^
APPro~d,aJ If,li,rm and
lci.!.al s "loci" f_
, ) "IfJ
Jeffrey /'d I\..htzkoVI-'
Chief As~sian't Counl,y AUornc)
',\
'\
(Print Name of)\iotar), Puhlic)
R~commend approval:
Marcy Krumbinc. Director of
llousing & Human Services
Page 2 of2
EXlIIllIT "A"
LEGAL IlESCRII'TlON
Lot 137, Trail Ridge, according to the plat thereof,
as recorded in Plat Book 44, Pages 71 through 77,
inclusive, of thl' Puhlic Records of Collier Cuunt)'. Florida.
EXIIIBIT "B"
IMPACT FEF: llREAKDOWN
Type of Impact Fcc
A. EMS Impact Fec
B. Correctional Facilities Impact Fee
C. Lihrary lmpact Ft,;c
D. Community Parks Impact Fee
L Regional P;JIb Impact Fcc
F. Educational Facilities System impact Fc~'
G. Road Impact Fcc
I-I. GO'\'Cmmenl Buildings Impact Fee
I. La"\- Enfi:m:ement Impact Fcc
J. Water Impact Fec
K. Sewer lmpact Fcc
TOTAL IMPACT FEES
IAI( Approved.
,L\oen:J8 Item f\lo. -'16D8
" ~~ovember 13. 2007
F'age 4 of 5
Amount Owed
$100.59
$62.0g
$,6g.1 g
$750.00
$ 1.059.00
$:2.R62.00
:i)(,.059.()()
$410.00
$171.61
$3.415.00
$,.515.00
$19,372.46
Page lor I
;,,'Y];' 11,'f! 1\,-, 'CUi-
:"-"'-"1-:
COLLIER COUNTY
BOARD o~ COUNTY COMMISSIOI1:'r.~
Item Number:
ltem$ummary:
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b,Q;:~'::1 ,,~~ (.. ,: C1ni-,__
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Meeting Date:
1,.1
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Oat,
"'"t),;::-'N-..'IU"
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H"~2'~:Cii 44'" 1;1/
Approved By
li:arcyKruml1"W
["rector
D~te
PUr.I<C::""'-'ICP,.
H(Jusin~J ,'. Hunwc Se'v'ce~
1D!:'J.':!O() 7 5.- 39 P K~
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hwi'[;;:'''''''lc,,~ homlr" ,trnlO'
['nto'
Public Sprv,c<",
Pul;l". "(Of'!ICe,, ""m",
1(i.'~~"-~()(\7 .~'5(1 PM
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JC!' 1',I~'lUJ'.-'
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file://C:\AaendaTest\Exoort\92-Novcmher%20 11,%202007\ 1 () %?OrONSFNTo/!-.?flAGFN
1117.n007
Agenda Item No. '1609
November 13, 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 Habitat for Humanity of Collier County, Inc.
(Developer) for deferral of 100% of Collier County impact fees for an owner-occupied
affordable housing unit located at Lot 138, Trail Ridge.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Habitat for Humanity of Collier County, Inc.
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 Habitat for Humanity of Collier
County, Inc., which application, after staff review, was determined to qualify for the program.
Habitat for Humanity of Collier County, Inc. will sell the unit to persons whose legal status will
be verified, documented and kept on file at the office of Housing and Human Services. If the
developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for
affordable housing, or is not sold to legal residents, the full amount of defen'ed impact fees shall
be immediately repaid to the County, including all applicable interest and penalties. The
property is located in the Trail Ridge subdivision in Naples.
The ordinance requires that a lien agreement be entered into with the Developer 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 Developers 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 on the Consent Agenda for the
Board's review, approval and Chairman's signature.
FISCAL IMPACT: This agreement defers $19.372.46 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 Affordable Housing Dwelling Units for Habitat for Humanity of Collier
County, Inc. located at Lot 138, Trail Ridge, Naples.
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
Ketunllo
,Agenda Item No. 16D9
November 13. 2007
Page 2 of 5
FrllnIlIUJIl~c}
liltS
3301 ETllmiami lrail
r'Iollpln, 1'1.34112
FiiL1I 08-053-1F
TlliSSIIJIl"cfurrccordin!::
LIEN AGREEMENT WITH DEVELOI'ER FOR DEFERRAL OF 100% OF
COLLIER COUNTY IMP ACT FEES FOR OWNER OCClJI'IED AFFORIlAIlLE
HOUSING DWELLING UNITS
This Agreement is entered into this ~ day of October. 2007. between Collier County. a
political suhdivision of the State of Florida (COUNTY) and "Habitat for Humanity or Collier
County. Inc." (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. 'fhis l,ien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Florida, knmvn as "The Collier County Consolidated Impact Fee Ordinance"
(Ordinuncc). In the event of any conflict \vith this Agreement the ternl.'> or the Ordinance shall
apply.
The legal deseriplioll orthe d\vclling unit is attached as E:..:hibit "A"
3. The tt:IDI of this Agreement is from issuancl' of this Agreemcnt until six (61 months alter
o
issuance oCthe certificate or occupancy for the d"velling unit(s),
4. The amount oflhe impact kes t1cicrred shall he raid to the ()HJ1'\T,' in full upon the sale of
the dv..'clling unit(s), unless the dwelling units are sold to households meeting tht: criteria set
forth in the Ordinance, and the impact fees are duly deCerreJ. As set forth in Exhibit .'13," the
amount of the dcft.'rred impact fees is Nineteen I"housand Three llundrcd Seventv Two and.
46/100 Dollars ($19.:)72.46).
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-c.ompliance \vith 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
Counly. The deferrals of impact fees and this Agreement shall run 'with the land. and neither
the deferred impact fees nor this Agr~emcnt shall be transferred. assigned. or otherwise
conveyed from. Except as provided hy law. regardless of any foreclosure on the first morlgage
or other security imcresl. this lien shall otherwise he superior and paramount to thl~ interest in
the dwelling unit of any o\\'ner. lessee. tcnant mortgage!;.'. or other person. except that this lien
shall be on parily with any lien for Count)' taxes.
6. Upon the satisfactory eomplction of this Agreement's requirements. COUNTY shall record
any ncce"sary documentation evidem:ing same, including. bUI nol limiLed !o. lJ full or partial
rc]ea<.;c of lien.
7. In the event the DEVELOPER is in default under the Ordinance or tbis Agreement and the
default is not cured within :)0 days after written notice is provided to the DEVELOPER, U
delinquency fee equal to ten percent (10%) of the total impact fee imposed shall he a~scsscd.
and the COUNTY may, at its sole option. collect the impac.t 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
declare that the deferred imp<lct fees <lrc then in dcfuult and immediately due and payahle, The
Agsll:JS ifem i~o. 1609
!-'.Jc)\jf'rTibe~' '13. 2007
Page 3 of 5
COUNTY shall be entitled to recover all fees and costs. inchHJing attorney's fee and costs,
incurred by the COUNTY in cni()rcing thi;; Agreement. r1us interest al the then maximum
st<.ltutnry rate for judgment:; calculated on a calendar di.l) basis until paid Dl:-:VEIOPER will
scU the unit to persons whose legal status will he verified. documented and kept on file at the
of!ice of Housing and Human Seryiccs. If the dndopcr fails to comply with the terms of the
agreement. or the unit cca<;cs to be utilized for affordable housing. or is not sold to legal
residents. the full amounL of dekrrcd impact ICes shall he immediately repaid tll the County,
including all applicable interest and penalties.
8. This Agreement is the sok agreement hct\.vcl'l1 the parties with respect W the suhject matter
herein, and shall be binding uponlhe 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 \\-'HEREOF, the Parties have executed this Agreement on the date and year
lirst :100\"C written.
Attest:
DWIGHT J . BROCK. Clerk
BOARD OF cm il'TY COMMISSIONERS
COLl.IER Cml1\TY. Fl.oRII)A
By:
1h:
. Deruty Clerk
J,\MES COr.ETTA. Chairman
DI:VEl '()PI]~: llabitat for Humanity or
Collier County. Inc.
Vljlr1e~:;es:
Print. Name I. I, ~':~ ','.'"',..-----
~-...-~~~-_._-_._-
li
H\':
/
---:;".<
Samuel J. J41:i'rso. M.D.
Title: .P1"c;idcnL
Print Namc__
,
----'----'-'---'--------'---.~~-
STATE OF FLORIDA
COI 'NTY OF COLLIER
'I11e hm:going instrumenl was acknowlcdl;!ed hefore me
_.u.._ Oclober. 2()(l7. hy Samuel J. Durso, r-,..1.D. as President for
Colli('r County. Inc. who is personally known to me or hJS produced
identification.
this
Hahitat I'or
day or
!Iumanil} of
as
fNOJ;A-lUAb*,A1:i'NN"..
------~-'----..-
(SitlnalUrc of Nolary Publil.:)
en,~-,<_"^"J"".I."..'V'''/''",,'''''-''''I.i'''
Arpnn,lI as t ~ fllml anJ
legal sume'"
(Print Name of l\lotar} Puhlic J
Recommend approval:
~"
I,',
'F,
Jeffrey A.~flatEko\\'
Chief Asslstanj,Countv
i 1 .
I
Attorney
- Marcy Krumbitlc. Dircl.:tor oj'
IlollslI1g &. Human Services
Page2ol'2
EXlIlIlIT"A"
LEGAL IlESCRII'TlON
Lot 138, Trail Rillgc. ;H'c()rdin~ to the plat thereof,
as recorded in Plat Book 44. Pages 71 through 77,
inclusive. of the PubHc Records of Collier Count}', Florida.
EXHIBIT '''B''
IMJ'ACT FEE BREAKIlOWN
Type of hnpact Fce
A EMS Impact Fee
B. Correctional Facilitio:s Impact Fee
C. Lihrary' Impact f'ec
D. Community Parks Impaclj'cl'
[. Regional Parks Jmpact J.'cc
F. Educational F<H:ilitic~: System impact Fec
G. Road Impact Fcc
II. Government Buildings lmpu(t Fee
l. La\'.. Enforcement lmpad Fcl'
J. Water Impact Fcc
K. Sewer Impact Fcc
TOTAL IMI'ACT FEES
J/\K I\pprovcd
Aaenda Item r'~o. 1 GD9
, Novembe;" 13. 2007
Page 4 of 5
Amount Owed
$100.59
$6:2.0S
>)oX.1 X
$75o.()O
$1.659.00
$2.~62.0()
$(J.059J)()
~4 ]0.00
~17I.('I
$3.4I5.()O
$3.5] 5.00
$19..172.46
Page I or!
COLLIER COlJlWY
BOARD OF C:JlINl'Y COMMISSIONEF~S
Item Number:
Item Summary:
1,,,,,',;:>;,/1,,,, IT"J~ T ".',,~r(1 "f ".r~L
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Meeting Date:
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Ie'
Prepared By
f rnnk f,nm~,,':
,.:H'r'!"'"""",,, C.)[',dlnm",
,-;~\(
Publ,,; :;~f";CPS
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1(j,'12,'200:<;-4C22 MI'
Approved By
Marcy Krumblne
[l",,"ior
[hl~
Public Services
H~)using 8. Humnrl ~~crvlce~
10,'23.'20075'43PM
Approved B)-
H;nl;1 F,~m~8'i
>-,j~11:'_ ,UVILC~, I'-rlrnrru:;t,::t()r
('~I"
PubliC Ser,jce~
~'ubhc 5Gr\fj~w, ...rlml"
'O;i4.'~00: 4,~1 PM
Approved By
Jeff\-:lmZY:J'i
;, ,,; 1:;I~n\ (~()11f1\\' ,'\::,C,CT1'"
(qll
(,(,un'.".' 1'.1"""-'"
'~_("Jr" Mt('"" " lltr"..,
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p.r:
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:!r-.'o'.:,("'C"\-'
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,'.llfl1
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AI1llrnved By
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filc:lIC:\AgendaTest\Export\92- Novcmber%20 l3. %202007\ 16.%20CONSENT%20AGEN.
11/7/2007
Agenda Item No. 16D10
November 13. 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 Habitat for Humanity of Collier County, Inc.
(Developer) for deferral of 100"1., of Collier County impact fees for an owner-occupied
affordable housing unit located at Lot 155, Trail Ridge.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Habitat for Humanity of Collier County, Inc.
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 Habitat for Humanity of Collier
County, Inc., which application, after statT review, was detern1ined to qualify for the program.
Habitat for Humanity of Collier County, Inc. will sell the unit to persons whose legal status will
be verified, documented and kept on tile at the offiee of Housing and Human Services. If the
developer fails to comply with the terms of the agreement, or the unil ceases to be utilized for
affordable housing, or is not sold to legal residents, the full an10unt of deferred impact fees shall
be immediately repaid to the County, including all applicable interest and penalties. The
property is located in the Trail Ridge subdivision in Naples.
The ordinance requires that a lien agreement be entered into with the Developer as a condition
of deferral of the impaet fees. Section 74-401(3) of the Code authorizes the County Manager to
sign deferral agreements with Developers 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 IMPACT: This agreement defers $]9,372.46 in impact fees. Although it is expected
that the County will ultimately collect these defen"ed 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 Codc 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 Habitat for Humanity of Collier
County, Inc. located at Lot ]55, Trail Ridge, Naples.
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
Return!..
. . I
Aqen::;a Iterti No. 16 )10
, November 13. 2 07
Page 2 f 5
Frail" KllmNry
IIIIS
JJUl (,; Tllmiami Trail
Jllilllllcs,H.34112
File# 08-054-11'
Thissplleefurrec()rdi~
LIEN AGREEMENT WITH DEVELOl'ER FOR DEFERRAL OF 100% OF
COLLIER COUNTY IMPACT FEt:S FOR OWNER OCCU\'IEll AFFORDABLE
HOIJSING DWELLING UNITS
This Agreement is cntered into this L. day of October, 2007, bctween Collier County, a
political subdivision of the Statc of Florida (COUNTY) and "Habitat for Humanity of Collier
County, Inc." (DEVELOPER), collectively stated as the "Parties."
NO\\', THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowlcdged, the Parties agree as follo\o\'s:
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 orany conflict witb this Agreement. the tenns oftht' Ordinance shall
o
apply.
The legal description of the dwelling unit is attached as Exhibit "A."
3. The term of this Ag.recment i:, from issuance of this Agreement until six (6) months at1er
issuance ofth(;' certificate nfoecupanc)' for the dwelling unit(sJ.
4. The amount of the impact fees deferred shall he paid to the COUNTY in full upon the sale of
the dwelling unit(s), unless thc dwelling units arc sold to households meeting the criteria sct
forth in the Ordinance, and the impact fees arc duly deferred. As set forth in Lxhibit "B," the
amount of the deferred impact fees is Ninctecn Thousand Three IIundn~d Sevc.ntv Two and
46/100 Dollars ($19.372.461.
5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien
may he foreclosed upon in the event of non~cornpliance with the Ordinance or with this
Agreement. This Agreement shall opcratc as a licn against the dwelling unit(s). The lien shall
terminate upon the recording of a rclcasc or satisfaeti(lJl of lien in the public records of the
County. The deferra]s of impact fees and this Agreement shall run with the land. and neither
the deferred impact fees nor this Agreement shall he tr:U1sferred. assigned, or othcn.vise
conveyed from. Except as provided hy law, regardless of an:y Coreclosure on the first mortgage
or other security interest. this lien shall othcnvise he superior and paramount to the intcrest in
the d\',;clling unit of any owner. lessee, tenant. mortgagee, or other person. except that this lien
shall be on parity with any lien ror County taxes.
6. Upon the satisfactory completion of this Agreement's requirements. COUNTY shall record
any necessary documentation c"\.idencing sume, ineluding, hut no1 limited to, a full or partial
release of lien.
7, ]n the event the DEVELOPER is in default under the Ordinance or this Agreement, ,md the
default is not cured within 30 days after writtcn notice is provided to the DEVELOPER, a
delinquency fee equal to ten percent (10%) of the tot81 impact fee imposed shall be assessed,
and the COUNTY may, at it": sole option, collect the impact fee amount in default and
assessment as set forth in the Ordinance, or hring <l civil action to enforce this Agreement, or
Page I of2
Agenda Item No. 1601 (I
Novernbe, 13, 2007
Page 3 of 5
declare that the deferred impact fees arc then in default and immediately due and payable. 'Tne
COUNTY shall be t:ntitled to recover all fees and costs. including allomL~:."s fee and costs,
incurred by the ('QlINTY in enforcing this Agreement rlus ink'rest ;11 the then maximum
statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER \~.'ill
sell the unit to persons whose legal status ""ill be verified. documented and kept on file at the
ot1icc of Housing and Human Services_ lrthe dcvclopcrlillls to comply \.,.ilh the tenus ur the
agreement, or the.' unit ceases 10 be utilized for affordahle housing, or is not sold to legal
residents. the full amount of deferred impacl fees shall be irnme.diately repaid to the County,
including all applicable inlcrest and penalti~s.
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 thl' official records or the County at no cost to the
COUNTY.
IN \VITNF.SS \-VHEREOF, the Parties have executed this Agreement on the date and year
first above \\Tittcn.
Attest:
DWIGHT E. BROCK. Clerk
IIOARO OJ COUNTY COMMISSIONERS
COLLTER COUNTY. J.LORIDA
By:
By:
JAMES COLETTA. Chairman
. Deputy Clerk
DEVELOPER: Ilabital for flumanily uf
Collier Cnunly. Inc.
Witnesses:
:"
Ik
. Samuel l1)urs(). M.D.
Titlc;;Prcsidcnt
Print'Name. .'
-.
,~~-~---'--~'
Print Name
STATE OF FLORIOA
COUNTY OF COLLIER
The foregoing Instrument \-vas acknowledged bcl<m: me this day of
____-^ Octnhl'T. 2007. h) Samuel .I. Durso. M.D. as Prcsidenl for Hahitat for Ilumanity of
Collier County. Inc. who. is personally:' known to me or has produced _..__________ as
identification. -. -.-
rN(}Yl!\~I'\:t""-E?\:L1"
l. ,..
:: l~"'"
.{,..,,,""';
(SignalUn; or)\iot<Jr)~-i;ublic)
~.....^^-".rv.....".I'J"".r'-',"''''./'.>.'
(Print ~amc orNot-,-\~y p;:;-h]i~-~
Recommend ;lpprnval:
",
'~,.
Jeffrey .' I1lfltzkow
ChId Aksis-r-c1bt Countv Attorney
\j . .
Marcy Krumbine;' lJireclor of
Ilollsini; & I-lumun Services
Page 2 of2
EXH1BJT"'A"
LEGAL DESCRIPTION
Lot 155, Trail Ridge, accnrdin~ to the plat thereof,
as recorded in Plat Book 44, Pages 71 through 77,
inclusive, ofthe Public Records of Collier Coun~', Florida.
EXIlIBIT "B"
IMPACT FEE BREAKDOWN
Type oflmpact fee
A. EMS Impact Fee
B. Correctional Facilities Impact Fee
C. L.ibrury Impact Fcc
D. Community Parks Impact Fcc
E. Regional Parks Impacl Fee
F. Educ<.llional Facilities Syslem Impact Fcc
G. Road Impact Fec
1-1. Government Buildings Impact Fee
J. Law Enforcement Impact Fee
.I. Water Impact Fee
K. Sewer Impact Fcc
TOTAL IMI'ACT FEES
lAk Aprrovcd~/_/_
Agenda Item No. 16010
November 13. 2007
Page 4 of 5
Amount Owed
$100.59
$62.08
$368. I 8
S750.00
$1.659.00
$2.862.00
$6.059.00
$410.00
$171.61
$3.415.00
$3.5 15.00
$19,372.46
COLLIER COUNTY
pC).;;::r, or C::)UNTv COMr,lISSIOI'JEP.S
Item Number:
Item Summary'
'r',:!
',~"
,..~.; ;I ','
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Meeting Date:
l'n.l'~red II)
"r""vF,,,'m:.'"
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Appnl\'rd B~
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fil c:I/C:\Agcndalest\Fxport\92- Novemher~o20 13, o/n202007\] 6.";o20CONSENT%20AG EN..
l'a~1.; I or I
'~ ' ".' (. 'n ~ :./.'
11",'
111712007
Agenda liem No. 16011
November 13, 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 Habitat for Humanity of Collier County, Ine.
(Developer) for deferral of 100'10 of Collier County impact fees for an owner-occupied
affordable housing unit located at Lot 156, Trail Ridge.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Habitat for Humanity of Collier County, Inc.
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 Habitat for Humanity of Collier
County, Inc., which application, after staff review, was detennined to qualify for the program.
Habitat for Humanity of Collier County, Inc, will sell the unit to persons whose legal status will
be verified, documented and kept on file at the office of Housing and Human Services. ]1' the
developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for
affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall
be immediately repaid to the County, including all applicable interest and penalties. The
property is located in the Trail Ridge subdivision in Naples.
The ordinance requires that a lien agreement be entered into with the Developer 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 Developers 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 IMPACT: This agreement defers $19,372.46 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 Codc of Laws and Ordinances of Collier County.
.-
STAFF RECOMMENDATION: That the Board approves and authorizes the Chainnan to
sign the attached Lien Agreement for Deferral of 100% of Collier County Impact Fees for
Owner Occupied Affordable Housing Dwelling Units for Habitat for Humanity of Collier
County, Inc. located at Lot 156, Trail Ridge, Naples.
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
ltclurntll
Agenda Item No. 16011
Hovember 13. 2007
Page 2 of 5
FranLltamsey
IIlIS
no I E TlImiami Trail
NlIJlII'~, n.J4112
File# 08-055-[1'
ThisS(>>lcc for rCl'uruinj!;
LIEN AGREEMENT WITH IJEVELOPER FOR IJEFERRAL OF 100% OF
COLLIER COUNTY IMI'ACT FEES FOR OWNER OCCUPIED AFFORIJABLE
HOUSING DWELL[NG UNITS
This Agreement is entered into this ~ day of October. 2007, bctwecn Collier County, a
political subdivision or the State of Florida (COUNTY) and "Habitat for llumanity of Collier
COlmty. Ioc." (DEVELOPER), collectively slated as the "Parties."
NO'\!, THEREFORE, for good and valuable consideration, the rt.-"Ccipt 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 COllnty. Florida. known as "The Collier County Consolidated Impact Fee Ordinance"
(Ordinance). In thc event of any conniet with this Ab'TCement, the terms of the Ordinance shall
apply.
The legal description ofthc dwelling unit is llum:hed as Exhibit "A."
o
3. The tern1 of this Agreement is from issuance of this Agreement until six (6) months alier
issuance of the ecrtiJicatc ~)f occupancy Jor the dwelling unit{s).
4. The amount of lhe impact fees ddcrrcd shall be paid to the COU\ITY in full upon the salt: of
the dwelling uni1lsl. unless the dwelling units arc sold to households meeting the criteria set
lorth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B:' the
amount of the deferred imrmct fees is Nineteen Thousand Three l-lundred Seventy Two and
461100 Dollors ($19,372.46).
5. The deferred impact fees shall he <l lien on the property described in Exhibit "A." which lien
may be foreclosed upon in the event of non-compliance \>,'ith the Ordinanc{.~ or with this
Agrecment. This Agreement shall operate as a lien against the dwelling uni1(s). rhe lien shall
tem1inate upon thc recording of a release or satisfaction or lien in the public records of the
County. The deferrals of impact fees and this Agreement shall run vvitb thl" land, and neither
the deferred impact fees nor this Agreemcnt shall be transkrrcd. assigned. or otherwise
convey cd from. Except as provided by 1<1\,1". regardless of any foreclosure on the first mortgage
or other security interest, this lien shall oth(~rwise be superior and p3ramollnt to the interest in
the dwelling unit of 311Y owner. lessee. lenant. mortgagee, or other person. cxcept that this lien
shall be on parity with <:m)' lien ror County taxes.
6. Upon the s1.Iusfaetory completion of this Agreement's requirements. COUNTY shall record
any necessary documentation evidencing same, including. hut not limited to. a full or partial
rdease 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 writtcn noticc i:; provided 1(1 th(,' DEVELOPl-:]z' a
delinquency fee equal to ten percent (1 ()I%) of the total impact fcc imposed shall he assesscil
and the COUNTY may, at its sole option, collect the impact fee amounl in default and
assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or
Page I of2
Aaenda Item No_ 16011
~ Novernber 13. 2007
Page 3 of 5
d~clare that thl: deferred impact fees arl: then in deEmll and imlllediatcl~ due and payable. The
COlINTY shall he entitled to recover all fees and costs, including attorney.s !Ce and costs,
incurred by the COUNTY' in enforcing this Agreement. plus interest at the then maximum
statutory rate (()r judgments calculated on a calendar day basis until paid. DEVELOPER will
scllthe unit to per:-;ons whose legal status will be verified. documented and kept on file at the
of lice of I-lousing and Human Services. 11' the developer falls to cnmply v....ith the tcnns of the
agreement. or the unit ceases to he utilized for affordable housing, or is not sold to legal
residents. the full amount of deferred impact fees shall bl' immediately repuid to the County.
including all applicahle intt.:n.:st and penalties.
S. This Agreement is the sole agreement be{\vecn 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 shull he recorded in the official records or the County at no cost to the
COUNTY.
IN WITNESS WHEREOF, tbe Purties haw executed this Agreement on the dale and year
first above v,-'rittcn.
Attl~st:
DWIGHI F. llIWCK. Clerk
HOARD OF COlINTY COMMISSIONERS
COI J JFR COIIl-;TY. FLORIIlA
By:
By:
. Deputy Ckrk
.JAMES COLETI'A. Chairnw.n
DEVELOPER: J IJhitat j()r Humanity oj"
Collier County. Inc.
Witnesses:
____-----.1--__
-P~inf Name ::.:..J ~_-.'~'::-~_.j,.,.{-~~~2-~'~-:-
Ih.
.....L____
S;:l1nllct...L Durso. M]).
Title: 1)residcnt
._---=----~
.,
Print Namc_____~~-=-__~_:._
ST ATI' OF FFORIDA
COUNTY OF COFLlER
-rhe foregoing instrument was acknowledged hefore me
October. 2007. by Samuel .I, Durso. M.D. as President for
Collier County. lnc. who is pcrsonall~-_k.llm\i1l J(l, n)~__or has produced
identification.
this d3Y of
Ilahitat j()r Ilurnaniry oj"
','>o.V"f.lV.'~'
"J,N',,'"','''''
rNf{TARIAL SEAL]
.~-~5t~;'"
"- .
--,------
(Signature of No wry Public)
:'-_;,^,.".'V,^N.,~",'.".("""(
I '
^PPfClvs.drs t}l fonn and
leg;q,su lcieac"
\ ,
\\, 'J:i____
.JeffI'd V\. Klatzkow
Chief ~ssistint Count\ Atlomey
\\ .
,
(Print !\:ame of Notary l'uhlic)
Recommend approval:
Marcy Krumbinc, Director of
I lousing & Human Services
Page 2 of2
as
- .
EXHIBIT "'A"
LEGAL DESCRII'TION
Lot 156, Trail Ridge, accurding to the plat thereof,
>>s recorded in Plat Book 44, Pages 71 throu~h 77,
inclusive, of the Public Records of Collier Count)', Florida.
EXHIBIT "ll"
IMI'ACT FEE BREAKDOWN
Type of Impact Fec
A. EMS Impact Fcc
B. Correctional Facilities Impact Fcc
C. Library Impact Fee
D. Community Parks Impact Fcc
E. J{cgional Parks Impacl Fcc
F. Educational Facilities System Impact F~c
G. Road Impact l;cc
]!. Govemmcnt Buildings Imp:.:lCl Fcc
J. Lm" Enforcement Impact Fcc
J. V.later Impact Fcc
K. Sewer Impact Fcc
TOTAL IMI'ACT FEES
JAK Appm\cd_l_
Aaenda Item No. 16011
~ November 13, 2007
Page 4 of 5
Amount Owed
$ I 00.59
$6".08
$368.] 8
$751J.OO
$1.659.00
$2,862.00
$6.059.00
$410.00
$] 71.6]
$3.415.00
$3.515.00
$19,,172.46
Page lor 1
i'<l('lljal,n'I'J'
Noveml)erl:
F'dCl
COLLIER COUNTY
BOARD OF COU~~TY COMMISSiONERS
Item Number:
Item Summary:
r." -C'~'I'",r'G~' 'W, ',1<'"", r/n~,j ;1(; "11\\ ,1"llll'~';Il"lC '; ;J:~~I';'
'Hld
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~:'1~1' "'",', W ",!,,,.., '" i,,-'r: J ~1t-pmE'lll w :r. -I,] :11,11 lor hunkl'rlV J' l ~,I"er ~ ::w .ty. r.C
~'!""E';'" .,..n "W Ji,;er ;], c/ . 00' ~1' c.:olllfH CC,!'lTV I[TlpacT hot" loc ~r' UW'ltl -occu~Led
3'fQl1,!tl'(O I',OU:;'I :> un,! IOC3ti'Cj <J' at 1 ~;.C. T ",,1:1 r~I(j(,e
Meeting Date:
;. ~,,1
Prepareu Hy
Fr~l1k Rum"",
Shl>'I",oqrmr'::"oord""'tor
[j,1t~
PuhiJc S..rvl"'.'~
h'.""",," ~nd Human S"rvic"~
10'12..'2007 ~:,1.J:':AM
Approved Ry
[,'ia,ryKrumlHn"
[jlr~qO'
[)~t"
PublIC Snrvrn/,
Housin>! & Hum"" Scrv,ce~
10123,'::;)075-47,'M
Apllroved By
riiariilR1l.m",c\'
PUl)iic "e"JlC8" '\dm"lIstrJl0f
['3\e'
Publj~ Services
Public S"rvlC"sAdrnln
lD124J20074:56PM
Arproved B:y
YI'f'lnlf{W
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file:l/C:\AgendaTest\Export\92-November%20 13,%202007\] 6. o/020CONSENTOIo20AGEN..
11/7/2007
Agenda Item No. 16D12
November 13. 2007
Page 1 of 10
.~
EXECUTIVE SUMMARY
Recommendation to approve Change Order No. 1 in the amount of $85,900
for additional design services for Big Corkscrew Island Regional Park (a/kla
Orangetree Regional Park) under Work Order No. WMI-FT-3290-06-03 to
WilsonMiller
Obiective: To complete Professional Design Services associated with the design of the
Big Corkscrew Island Regional Park.
Considerations: The Parks and Recreation Department is working cooperatively with
the Public Utilities Division for the design of public facilities on County-owned land in
the Orangetree area. On December 13. 2005 item 16D5 the Board of County
Commissioners awarded Work Order No. WMI-FT-3290-06-03 in the amount of
$340,080 to WilsonMiller Inc. for design consultant services for Big Corkscrew Island
Regional Park.
~
Staff is requesting site plan revisions to the master plan by the addilion of soccer fields
instead of "green space" which will require additional parking, lighting, drainage and
irrigation design work. Revisions to the Community Center Building, Restrooms and
sanitary sewer/water service to provide restrooms to the Maintenance Building require
design work not included in the original scope of work with WilsonMiller. Additionally,
revisions were included to design a boat/vehicular parking lot at the southern end of the
stovepipe to accommodate a future boat ramp.
WilsonMiller has provided a proposal in the amount of $85,900 to perform these
additional items.
Fiscal Impact: Funds are available within the Big Corkscrew Island Regional Park
Project 80039 in the Parks and Recreation Impact Fee Fund 346.
Growth Manaaement Impact: Thc Big Corkscrew Island Regional Park facility will
be inventoried in the Growth Management Plan.
Recommendation: That thc Board of County Commissioners approves Change Order
No. I in the amount of $85,900 for additional design services for Big Corkscrew Island
Regional Park under Work Order No. WMI-FT-3290-06-03 to WilsonMiller.
Prepared by: Ray Carter Project Manager, Parks and Recreation
.-
Item Number:
Item Summary:
Meeting Oate:
Page 1 of]
?,(j;'1ncta !iem hb
NovRmber 1 ~',
Paw:;' (..I 1(
COLLIER COUNTY
BOARD Of COUtHY COMf..1!SStONERS
1(:/2
F:e:()rrIr118'lja~IOi' to i'Jpp~ov~ C!1::Jn~~' ClrLim N(' 1 Ir th", ;]'1'-0'1'11 of S8c,.2QO tor a:lditana'
Je~.:1[1rI ,er."ces 10: BI\' Cl1r'v-sc'll'I'V hi,v1(J R{L~;on;1: i"'Oll: [c)/kla UrOI1()elrpE< l'iep'ollill Park)
,lliOC" 'l'O'k Cider ~'h' "NMI FT 3~,ill-Ci;-0:5 to "Nil~,()'-, [,dller
;/200i:)U{)')()M,j
Date
Apllroved By
B"rryWilllam~
hlPllc$arvices
Director
f'ark~ anti kecr!'atlon
10/25120074:23 PM
Contracts Ager1!
DDte
Apllrovcd By
UndaBe,;t
Admmistrative5ervic€'s
Purcl1as,ng
IOI2C/200712:H\PM
SteveCarrmll
Date
Approved B)'
Aammlstr"tivBS.ervic"'~
l'lJrcha:;ingiGener,1! Svcs Director
Purcn,1sinq
10/301200710:53AM
Approved By
M~rla r~antsey
F'utJIICSl,rVlces
Pullllc Services I\dfl"'''$lr~tor
Dnte
hllJlic S<:rV1C('~ I"irni,'
;1/1,'20071.07 PM
Uah
Approved By
~)~.'8 C(JClrdtrla!t)t
!,tlrT1tn,5IrallvcSorVIC('S
ApniLCRllonst"'''lyst.
Ini()rrn~ilon 'jf'chnOlom'
11111200; 241' PM
U'lH.
Approvt'd By
SlI'j""iJSlmr
;."''''1:\ r,;"nl1(:"',,(lff,C'
SerHnr 1\'I"nJqot),'.'ntiE;"rl\Je\ ;\n~i <;~
(If ton:. c.' r";"n~l",n",," i~ """li'W'
: li2;:!!:l,~';" ", Plf
DJtp
Approved By
M';,ihlel Sl11ykow:,i<,
~>)UMV Mnnager';; Of
y,,",wm',,'r'lt 8. bU<lW. D,rcttOl
Cit,;u., ,,.! rii.ln~[wm0r,' i; bud(1~t
11IS)2IJ()71a,IG:,1,',
LJlllH
Approved By'
.lii<l1ef V. Mmld
[Jo<lnlof Counly
Comm,s:;iontirs
':ollnl'.. M"r1M1P'
County Milnag",'S ,:::Jthc'-
111Gi20Cl71218PM
file:lIC: \AgendaTest\Export\92- Novem heyO/a20 13,%202007\ 16. %20CONSENT%20AGEN..
] ]1712007
.
~,'-.-
I
'----
Date: Thursday, September 20, 2007
[-Mailed To Bonnie:
p.ge(l-i~, ItPf'Y1 t\l'-' 1Rn1f)
Novemoer 13, 2007
Thursday. September 2(l1~B of 10
'~1
I
THIS ITEM WILL BE REPORTED ON AN UPCOMING BCC AGENDA, PLEASE LOG IN
FOR FINANCE ONLY.
Project Name: Orange tree Regional Park
Project Number: 80039
BID/RFP #:
01-3190 - Fixed Tcnn Professional Engineering Services
Ovcr\'icw of change: To provide for site plan n.'\'isions which incluui.: pLirking. lighling. drainag~ and irrigation Cor tllC soccer
fields instead of open green space and to revise current site dcsig1110 accnlTIlllodatc the revised communit) center building,
rcstroorns and sanitary sew ! and water sen'icc to the maintenance building and rcstrooms.
Mod#:
PO#:
4500056894
Work Order Number: WMI-FT.3290-06-03
Contractor/Consultant: \Vilson Miller, loe
Original Contr<lct Amoullt: $ 340.mW.()()
(Staning Point)
Current B('C Approved Amount:
$___WJ.()R().OO~__ _
(Last TOlal Amount /\rproVt:d hy lhe Bee)
Current Contract Amount:
s; 3411.0ROOIl
(including All Changes Prior To This l'\1odiJicatiol1)
Change Amount:
s;
l'L9Il'!.1l0
Revised Contract/Work Order Amount $~-i:;j.9XO.()() ___ ______________
(Including Thi:-: Change Order)
Cumulative Dollar Value of Changes to this C{lntraet.'\Vork Ordcr::;; 85.l)()O_OO
Percerllage Of The ('h:Jnge Over/l :ndcr Rc\.ised Contract Amount:
15.1/1
"
"
Scanlled D:.Ite:
COlltnlcl Specialist.
D3t3 Entry Information:
rype of Change:
Project Manager:
Dep:Jrtment:
Work Order
Ray CanerlTony Ruhcrto
Parks and Recreal ion
Change Category Type. Circle One Be low:
- -
yPi~nned or Elective ;-
~~N'trGlndili;~t~s'
3. Quantity Adjustments
4. Correction oCErrors
5. Value Added
6. Schedule Adjustments
Revised 7/11/05
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Aaenda Item ~Io. 16012
- November 13. 2007
Page 4 of 10
PROJECT NAME: OranQetree ReQional Park PROJECT #: 80039
PROJECT MANAGER: Tonv Ruberto
WORK ORDER #: WM]-FT-3290-06-03
BID/RFP #: 01-3290
MOD#: 1
PO#: 4500056894
DEPARTMENT: Parks and Recreation
CONTRACTOR/FIRM NAME: WilsonMiller
Original Contract Amount: $ 340,080
(Starting Point)
Current BCC Approved Amount: $ 340.080
(Last Total Amount Approved by the BCC)
Current Contract Amount: $ 340,080
(]nc]uding All Changes Prior To This Modification)
Change Amount: $ 85.900
Revised ContractIWork Order Amount: $ 425.980
(]ncluding This Change Order)
Cumulative Dollar Value of Changes to
this ContractIWork Order: $ 85.900
Date of Last BCC Approva I
12113105
Agenda Item #
16d5
Percentage of the change over/under current contract amount
Formu]a: (Revised Amount I Last BCC approved amount)-'
25.26
%
CURRENTCOMPLET]ON DATE (S): ORIGINAL:
7.3.2011
CURRENT:
7-3.2011
Describe the change(s): 2 Scope of Services as described in attached proposal from Wilson Miller dated 8-1-07
To prepare site plan revisions to include parking, lighting, drainage and irrigation for soccer fields
instead of open green space, To revise current site design to accommodate revised Community Center
Building, Restrooms and sanitary sewer/water service to Maintenance Building and Restrooms.
1. Section 2.1 Landscape Architecture Services
2. Section 2.2 Site Engineering Services
$28,400 Fixed
$57,500 Fixed
Total Change items 1 & 2
$85,900
Specify the reason for the changes: A channe in the Scone of Services necessitates.the Additional Professional
Services. Specify the reasons for the change(s) rfo""1" Planned or Elective r 2. Unforeseen Conditions (" 3. Quantity
Adjustments ( 4. Correction of Errors (Plans, Specifications or Scope of Work) r 5 Value Added r 6 Schedule
Adjustments Note: One or more may be checked, depending on the nature of the change(s)
This change was requested by: r Contractor/Consultanl Co Owner l' Using Department ,- CDES
,- n.",inn Professional t' Regulatorv Agency (Specify)
Ide~tify ~II negative impacts to the project if this change order were not processed:
deSigned In the most desirable way as requested by Owner
CONTRACT SPECIALIST PARTICIPATIO-N IN NEGOTIATIONS: ryes
r Other (Specify)
The park would not be
'"
I No
This form is to be signed and dated.
APPROVED BY: ~
~r
REVIEWED BY: /. .1/~f
]n est
Revised 5.21.200
Date:
'1/;'/0 -;
/ J .
tj /VJ/u7
I I
Date:
,
CHANGE ORDER TO WORKORDER # I
TO: FROM:
Wilson/Miller. Collier County Parks and Recreation
3200 Bailey Lane 15000 Livingston Rd
Naples, FL 34105 Naples, FL 34109
Project Name: Orangelree Regional Park Project #:80039
(Big Corkscrew Island Regional Park)
Work Order Dated: 11/3/05 Work Order No. WMl-Fr-3290-06-03
Change Order 1\0.: ] Date: 9/9/07
Chan!:e Order Description:
!\genda Item No. 16012
November '13. 2007
Page 5 of 10
This change order is to change Ihe dollar amount of Ihe Work Order by adding the
following: 2 Scope of Services as described in attached proposal from Wilson Miller
dated 8-1-07
To prepare site plan revisions to include parking, lighting, drainage and irrigation for
soccer fields instead of open green space. To revise current site design to accommodate
revised Community Center Building, Restrooms and sanitary sewer/water service to
Maintenance Building and Restrooms.
1. Section 2.1 Landscape Architecture Services
2. Section 2.2 Site Engineering Services
$28,400 Fixed
$57,500 Fixed
Total Change items I & 2
$85,900
Original agreemenl amount ......................................................................................... .S340 ,080
This Change Order No. ] Amount (add or subtract)......................................................$85,900
Revised Agreement Amount .........................,..............................................................$425,980
Original contract time in calendar days ..................................................................... 2,000 days
Adjusted number of calendar days due to previous change orders ...................................0 days
This change order adjusted time is............ ................................................................. 0 days
Revised Contract Time in working days........................................................................... 0 days
Original NOliee to Proceed date ...................................................................... ........ Ian 3, 2006
Completion date based on original conlracllime..................... .......... .... .July 3, 20] ]
Revised completion dale due to change order(s) .............. .................................Iuly 3. 201]
Your acceptance of this change order shall constitute a modification to our Agreement and
will be performed subject to all the same terms and conditions as conlained in said
Agreemenl indicaled above, as fully as if tbe same were repeated in this acceptance. The
adjustment, to this Agreemenl shall constitute a full and final settlemcnl of any and all claims
arising oul of. or rclated to. Ihe change set forth herein, including claims for impact and delay
cosls.
,
Change Order No.
Page 2
Approved by: ~ P ~J!;,
Tony Ruber : 5r. . iec! Manager
Parks and e 1I1
Accepted by:
Fermin A. Diaz, Prcsidcnl
Wilson iller, Inc.
Approvcd by:
Barry Willi's, Director
Parks and ecreation
Aqenda Item No. 16012
.. November 13. 2007
Page 6 of 10
Dalc:
9/ <Jlo1-
,
Dale: 9/14/07
Dale: 9~'7 /V?
,
it'?!i'IIL,
GD12
n'lJ::. ..
~~~lIJiD.
l"Years
WilsonMiller"
.
Nel,ji Dlrecliolls In Planning, Design & Enqifleerlng
i'J C)VE'-'iTi[,e,
ADDITIONAL PROFESSIONAL SERVICES PROPOSAL
TO:
FROM:
Mr. Tony Ruberto
Project Manager
Collier County Parks and Recreation Department
15000 Livingslon Road
Naples. Florida 34109
~
SEP i lOn;
-~
Richard L Woodruff
Senior Vice Presid t
Managing Principal
DATE:
April 10,2007. Revised August 1. 2007
SUBJECT:
Additional Profess]onal Services Proposal for Orangetree Park, Phase 1
Sections 11 and 14, Township 48 South, Range 27 East, Collier Coumy,
Florida
1. OVERVIEW
1.1. Collier County Parks and Recreation Department (CI]ent) hired WilsonMiller, Inc.
to provide site design and permitting services for Phase 1 improvements to
Orangetree Park (ProJect).
1.2. Wilson Miller, Inc. (Consultant) has been requested to submit a proposal to render
additional services for the Project.
1.3. The Project site IS adjacent to the proposed NE Water Reclamat]on Facility and
Water Treatment Plant (NEWRF/WTP) site, which is currently under design by
Carollo Eng]neers. W]lsonMiller is working as sub-consultants to Carollo In
connection with the NEWRF/WTP project. Both proJecls are within the same
property owned by Collier County. It]s the Client's desire to track these two
projects simultaneously to coordinate design on inter-related issues such as the
shared use of perlmeler landscape buffer and internal landscape buffer between
the Project and the NEWRF/WTP; shared use of slormwater management
facilities; and shared use at the access driveway into the Phase 1 site.
1.4. The Parks and Recreation Department has recenlly learned that access to the
site from the south is nol available Changes to the site plan are required to
access the fulure addition of Ihe lake adjacent 10 site.
H.",.'jIlOI- lH(...~J v", 114' f-q,glv'yers Office 12801 West/inks Drive, Suite 106. Fort Myers. Florida 33913.239.939_1020. F,JX 239_939.7479
'-A..n
,N~6-0Ul000 EPSt. 216M wilsonmilfer.com. 800.649.4336
WilsonMiller
.
New OffPe/mlls In l'l"nllinq, Des/(l1I & Engineering
Agenr:ja :tern No. 16012
f\jove:Tioe;' -:3. 20Ci
Page 8 of 10
2. SCOPE OF SERVICES
2.3 Landscape Architecture Services
2.3.12 Prepare site plan revisions to include soccer fields instead of open green
space. Soccer field design will include preparation of equipment
specificalions, preparation of soil and sodding requirements, and
coordination with civil engineering design and electncal subconsultant.
2.3.13 Prepare one revision to the current disc golf plan as requested by Client
to create more open space throughout disc golf course. Coordinate these
revisions with civil engineering design. Provide equipment specifications
and provide required details.
2.3.14 Prepare one revision to the current site plan to accommodate revised
community center building.
2.3.15 Prepare one revision to the current planting and irrigation design to
accommodate requested sile design changes.
2.3.16 Evaluate alternate routes for additional roadway and additional parking
impacls.
2.3.17 Create exhibits to demonstrate three allernatives and provide advanlages
and disadvantages to the alternatives provided. Client shall provide
WilsonMiller with a written acceptance of selected alternative. Upon receipt
in writing of which alternative IS selected, WilsonMiller will proceed with the
final completion of plans.
2.3.18 Review and coordinate revised parking circulation with the proposed
access road
2.3.19 Refine selected roadway and parking alternative and revise plans (d]sc
golf, detentions, tree planting, pathways, layout parking, bridge) to
accommodate selected roadway/parking allernative.
2.3.20 Attend internal and up to three cl]ent coordination and meetings
24 Site Engineering Services
24.9 Provide grading and drainage design for four soccer fields.
24.10 Layout and design northern parking lot between two northern proposed
soccer fields.
24.11 Coordinate electrical design for soccer field Iighling with drainage design.
24.12 Design and coordinate concrele slabs for proposed soccer field bleachers.
~,717()07 . 1R0457 _ Ve" 4 _ CPA.lFR
CAII-4)
054~6-()()I.rtr,,) EPSA _ 276H4
WilstJnMiller
.
lI'uwDif['c!iolls Inf'lalmfl)O {)eSic/1I rI: rl/(]llieenna
!t?!\': t'-JG. f,J
t-';o\iE<TiL,.;;' 2-,~:r
S! 0'
2.4.13 Prepare one revision to the current site design to accommodate revised
community center building.
2.4.14 Design a 950 LF sanitary sewer service to Maintenance Building.
2.4.15 Prepare one revision to the current grading to accommodate changes 10
site plan
2.4.16 Design 2,500 LF roadway to southern end of stovepipe area (signage and
markings included)
2.4.17 Roadway drainage design and dog park drainage re-deslgn
2.418 Resolve utility confiicts with drainage re-deslgn
2.4.19 Design grading for site element changes
2.4.20 Revise stormwaler managemenl models
2.4.21 DeSign and prepare FDEP permit applications for water supply and
wastewater service connecl]ons at three additional restroom facilities to be
located 1) near the northwest corner of Ihe lake (between soccer fields), 2)
inside the dog park common to both dog runs and 3) near the southern end
of the stovepipe. If water/wastewater service is not available to the
stovepipe. alternative service options rnay need to be pursued as an
additional service.
2.4.22 Internal and client coordination and meetings
2.4.23 Revise cost estimates based on addit]onal slle elements
2.4.24 Design a boaUvehicular parking lot at the southern end of the stovepipe to
Clccommodate a future boat ramp.
3. GENERAL CONDITIONS AND UNDERSTANDINGS
3.7 Additional services relating to Ihe responsibililies of the archilecl will be
processed through a separate work order Issued direclly to Victor Latavish. This
work order will include the design of a community center capable of sealing 250
occupants, the community center and maintenance building fire sprinkler
systems, maintenance bu]ldlng restroom, dog park lighting, soccer field lighting,
completion of the building department checklist and administrative deviation from
County architectural standards.
3.8 The fees in this proposal are based on the most current approved site plan,
dated 2/05/07. No further site plan changes (d]sc golf, detention, pathways, elc)
are included, with nle exception of the increased size of the Communily Cenler
and relaled parking revisions
3.9 The design and/or permilling of a boat ramp is not Included within the original or
this scope of services.
B.'m~o/ lR0452-Vcr 4. CPiI..;.ER
r...../<.:1
004,,5(}()lUDO [PSA 2768-1
WilsonMiller
.
New fJirf!cliOns III Plannmr; Design & [ngineeriog
Agenda itell: [\JC, 'i6D1
Novernbe!' 13.200
Page 10 of 1
4.
FEES
The fees for the additional SCOPE OF SERVICES described herein shall be as follows
Fixed
Fixed
-[
_u=i
I
$ 28,400
$ 57'500
$ 85,900
Par. Description 1m
Add]t]onal Services
c-1.J_J LanmcJscape Architecture Services I
~(J Site Engineering Services
'T~ial Additional Services
Fee Type
Fee AmCliJrlt'
-----!
5. ACCEPTANCE AND AUTHORIZATION TO PROCEED
5.1. When professional services relat]ng to the design and permitting process are
performed for a fixed fee, fees shall be billed monthly for the project portion
completed to the billing date. Full payment of the fixed fee assOCiated with that
permit application or deliverable shall be due to WilsonMiller prior to the
submission of each permit application and/or deliverable to Ihe respective
governmental agency(ies) or Client.
5.2. This Proposal/Agreement is open for acceptance by Client Ihrough September
30, 2007 after which it will be withdrawn by WilsonMiller and may be subject to
renegotiation.
R i.'2QOI ,H""',~ '/", C CPldfP
r;AUl
UO->!>b-l>()HJII(j. fP,~".nbM
Agenda Item No. 16D13
November 13. 2007
Page 1 of 3
~
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 FYOS, Collier County has
committed $2,769,721 for the deferment of Impact Fees for eligible owner occupied 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 ofImpact Fee Deferral Agreements on the November 13, 2007 Agenda:
. Number of New Owner Occupied Units Requesting Deferral: 39
. Number of Owner Occupied Units Transferring from Developer to Owner: 4
. Number of Rental Units Requesting Deferral: 96
. Dollar Amount of Owner Occupied Impact Fee Deferrals on today's agenda:
o $500,172.31 (excluding Water and Sewer)
o $222,060.00 Water and Sewer
. Dollar Amount of Rental Unit Impact Fee Deferrals on today's agenda:
o $1,208,596.45 (excluding Water and Sewer)
o $0 Water and Sewer
A Summary of the FYOS Cumulative Impact Fee Agreements Approved:
. FY08 Total Number of Owner Occupied Units: 66
. FY08 Total Number of Units Transferring from Developer to Owner: 4
. FY08 Total Number of Rental Units: 96
. FY08 Total Owner Occupied Impact Fees Deferred:
o $S54,4S0.51 (excluding Water and Sewer)
o $352,6S5.00 Water and Sewer
. FY08 Total Rental Unit Impact Fees Deferred:
o $1,208,596.45 (excluding Water and Sewer)
o $0 Water and Sewer
c'-.
Funds Remaining for Additional Owner Occupied Deferrals in FYOS:
. $1,915,240.49 (excluding Water and Sewer)
. $397,315.00 Water and Sewer
Aaenda Item No. 16013
~ November 13. 2007
Page 2 of 3
Number of Owner Occupied Deferral Agreements Currently Onen per Developer:
. Habitat for Humanity of Collier County, Inc: 44
. Marco Bay Homes: 9
. Empowerment Alliance of SW Florida: 2
. Freeman & Freeman: 2
. Lennar Homes: 36
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: None.
LEGAL CONSIDERATIONS: This Executive Summary raises no legal issues. JAK
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 deferred and the balance remaining for additional deferrals in FY08.
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
Page 1 of 1
Aqenda Item No
Novllmber
PiJCE) :;
COLLIER COUNTY
BOARD OF COUNTV COMMISSIONERS
ltemNumber:
ltemSummary;
~6D13
i c' present to tnI:' ::;08[1 0' County<>JlTllllissIO'l8fS ,1 summary (11. t:lO Imp;),,! hie :)eier:w
i'Ci'8tHT'erI'5 recmnrnendeci tor aplJrrwallr' FY08. 11lC;ludflg il'e lOlal nUlTloer of Agreements
dt'Drn\',."J "I'f; IDi"i ChYar ;.ltnu.Jnl cJefe'riOrj CJflj tl~e l;JlanC2 ri"rlldltl'T~9 TO' ac:dllronal deiEHa!s
1:~Gb
Meeting Date:
. i~ 3/:::':::,07 PO'lGD Ar"'
Prepared By
FrarlkRamsey
SHIP Program Cn[)rdinJlnr
Date
Public Services
Hou~ina and HL.lman S"r'Jice~
1();2212007105:J:43AM
Approved By
Marcl'Krumb;ne
Director
Daw
Public Services
Housing & Human Serv'ce~
10n6/20079:55AM
Approved By
Jeff Klntzkow
Ass,stanl County Al10mey
DJte
COl.lntyAttomey
Courlty Al10mey Qffice
10/29120073:24PM
Approved By
rv;;l,-I~ Rams,"v
hll,!Ic;;;"rv,,,,",^,hl1;nislrator
Dale
~utJl,C "'("\'ICC~
Wllbh~ :,cu'''''" t,dlTllI'
11f&;2[)n71D 27 AM
Appro....ed By
?,IWrf,.r-rv,,'
r/,"''''\lP'''''''ll <. budgu {'''eliV'':
tH"
C"llm',' Ma"aa"rsOfflf.<
OffO(:~ of lViim<1(lUH"t11 & Luduc:
111,,1"2(r;7 1:,;,; ,1ft
Appro....ed By
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file:l/C:\AgendaTest\Export\92- Novem berl%20 13, %202007\ 16. '%20CONSENT%20AG EN..
] 1/7/2007
Agenda Item No. 16014
November 13, 2007
Page 1 of 11
.--
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Lennar Homes LLC (Developers) for deferral of
100% of Collier County impact fees for an 8 unit owner-occupied affordable multi-family
housing units located in a parcel of land in Section 23, Township 48 South, Range 26 East
Collier County, Tract E, Heritage Bay Commons (9055 Gervais Circle) and authorizes a
reimbursement of the fees paid by the developer on Building Permit 2007041638 in the
amount of $146,064.64.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Lennar Homes LLC for deferral of] 00% of
Collier County impact fees for an owner-occupied affordable multi-family housing unit and
authorizes a reimbursement of the impact fees paid by the developer in the amount of
$146,064.64.
-
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 deferment was submitted by Lennar Homes LLC, which application, after staff
review, was determined to qualify for the program. Lennar Homes LLC will sell the units to
persons whose legal status will be verified, documenled and kept on file at the office of Housing
and Human Services. If the developer fails to comply with the terms of the agreement, or the
unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount
of deferred impact fees shall be immediately repaid to the County, including all applicable
interest and penalties. The property is located in Section 23, Township 48 South, Range 26
East, Collier County.
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 he placed on the Consent Agenda for the
Board's review, approval and Chairman's signature.
Section 74-202 of Article II, Chapter 74 of the Collier County Code of Laws and Ordinances,
the Collier County Consolidated Impact Fee Ordinance, 2001-B, as amended, provides for
specific criteria and procedures for processing routine and non-routine requests for impact fee
reimbursements. Specifically, as set forth by Section 74-202 (h) (5):
"All reimbursement requests totaling twenty~five thousand dollars ($25,000) or more,
cannot be approved administratively and must be submitted to the Board of County
Commissioners. "
-
Upon approval and execution of this deferral agreement and lien, the impact fees paid by the
developer will be reimbursed.
Aaenda Item r~o. 16D 4
~ r"Jovemner 1 2c_ 20
Page 2 of
FISCAL IMPACT: This agreement defers $146,064.64 in impact fees (4 units at $17,104.22
and 4 units at $19,411.94). 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.
The recommended impact fee reimbursements will be paid from the funds specifically budgeted
for impact fee reimbursements as follows:
Community Parks
Correctional Facilities
Educational Facilities
Emergency Medical Services
Government Buildings
Law Enforcement
Library
Regional Parks
Road (District 6)
Water
Sewer
TOTAL
$ 6,000.00
$ 675.80
$ 22,896.00
$ 850.52
$ 3,280.00
$ 1,372.88
$ 2,945.44
$ 13,272.00
$ 48,472.00
$ 22.820.00
$ 23,480.00
$146,064.64
Upon execution of the agreement and lien, Water and Sewer Impact Fees will be paid from the
revolving fund approved by the Board of County Commissioners on June 24, 2005 to reimburse
the Collier County Water and Sewer District for deferred impact fees for affordable housing.
The applicant will receive a reimbursement of the Water and Sewer impacI fees paid related to
the subject construction; however the Water and Sewer Impact Fee Trust Funds will remain
whole.
GROWTH MANAGEMENT IMPACT: Remittance of the requested impact fee
reimbursement may adversely affect capital project funding for road construction; however, the
development is entering into a deferral agreement and lien related to the subject impact fees;
therefore, the impact fees paid for the subject construction should be reimbursed.
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 Defen'al of 100% of Collier County Impact Fees for
Owner Occupied Affordable Housing Dwelling Units for LermaI' Homes LLC for multi-family
homes located in Section 23, Township 48 South, Range 26 East Collier County, Tract E,
Heritage Bay Commons (9055 Gervais Circle) and authorizes a reimbursement of the fees paid
by the developer on Building Pern1it2007041 638 in the amount of $146,064.64, and any budget
amendments that may be required associated to the reimbursement.
PREPARED BY: Frank Ramsey, SHIP Program Coordinator
Rt,turnt"
Agenda Item r~o. 16D14
November 13. 2007
Page 3 of 11
Fntllk Rllm'f~'
lIou'ine:lllul'lulUanScniccs
3301 t:,lamiamiTTlIil
I'Ioapll'li. HoridllJ~112
File# OS-II?] -IF
ThisspHC fur rccoruinl!
LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 11111% OF
COLLIER COl'NTY IMI'ACT FEES FOR OWNER OCCUPIED AFFORDABLE
1I0VS1NG DWELLING VNITS
This Agreement is entered into lhis~1".q du}' of October, 2007. between Collier County. a
political suhdivision of the State of Florida (COUNTY) and "Lennar Homes LLC' (DEVELOPER).
collectively stated as the "Parties'"
NOW, THEREFORE, ror good and vuluahle consideration. the receipt and sutTicienc)' of
\vhich is mutually acknO\\'ledgt:d. the Panics agrec as follows:
1. This Lien :\greemenl is made pursuant to Chapter 74 of the Code of Lav./s and Ordinances of
Ctlllicr County. Florida. known as "'fhe Collin Count:' Consolidated Impact l'ce Ordinance"
(()rdinance). In the l'vcnt OrallY COnniet \\'ith this Agreement. the tenns of the Ordinance shall
,
aprly.
Thl' legal description ofthl' d\.vdhng unit IS 3uached as Exhibit ":\."
Ihe term of this Agreement is from issuance of this Agreemenl until si:\ (6) 1111.lJlths ,lIi.cr
1
issmmee ofthl' certincate of occupancy ior the dv,'Cllinl;, uni1(s)
..t. The amount o!"thc impact fees (kkrn:d shaH be p3id to the CO!JNT'{ in full upon the sail' of
the dwelling: unit(<.;). unless 1he dwelling 11l1ltS are sold to households meeting the criteria set
j(wth in the Ordimmce. and thc impact fees arc duly deft.:rred. As set fonh in Exhibit '.n:' the
amount of the ddcrn:d impact tCes is One) lundrcd l.oft\ Six Thous,md Six1\.' Four and 64/) 00
DoJJms ($14,{i,,(J64.64).
5. rhe dekrred impact fees shaH be (J lien on lhe property described in Exhibit "A:' which lien
may be foreclosed upon in the event of non-compliance \.vith the Ordinance or with this
Agrel.:mcnt. This Agreement shall operate as a lien agaimllhc dvveJling unit(sl. rhc lien shall
terl11inat~ upon the recording of ~l release or satisfaction of lien in the public records or the
County, The defcrruls 01 impact fees and this AgrC'cmcnt shall run with the Iund. ,md neither
the deferred imp;Jct fees nor this Agreement shall be transferred, assigned. or otherwise
conveyed from. Fxcept as pnwided hy bw, regardless or an)' foreclosure: on the /irst mortgage
or other security interest. this lien shaH otherwise be superior and paramount to the interest in
the dwelling. unit of any ov"'oer. lcssC'l.:, tenant. mortgugel.:. or other person, c:\ccpl that this lien
shaJJ be on pari!)' \\'ith any lien for County taxes.
6. Upon the satisfactory completion of this Agreement's requirements, C01FNTY shaH record
any necessary ducument:Jlion evidencing same, including. but 11(\1 limited 10. a full or partial
release of lien.
7. In the event the DEVELOPER is in default under the Ordimmcl' or this Agreement. and the
d~faul1 is nol cured \vithin 30 days urtcr V\Titten notice is provided to tl1(.' DEVELOPER. a
delinquency f'(:e equal to tell percent (] 0':'0 \ of th(,.' total impact fee Imposed shaU be assessed.
and the COl.~NTY may, at its sull' option. collect the impact fee 3mount in default and
assessment as set forth in the Ordinance. or hring a civil action tn enforce this Agreement. or
Page 1 of2
Agenda Item No. 16D1 ~
November 13. 2007
Page 4 of "11
declare that the dekrred impuct fees arc then in default and immediately du!.,; and payable. fhe
COUNTY shall 1:oe entitled tll recover all fees and cosls. including attorncy.s fee and costs.
incurred hy the COl.':\TY in enforcing this Agrc;cmcnt. plus interest at the then maximum
statulOrv rate ji" judgments calculated on a calendar day basis until paid. DEVELOPER will
sell the unit to persons \\h05C legal status will he verified. documented and kept on file at the
nlficc of Housing and Human Seniccs lftht' developer t~lils In comply with the terms Oflhl'
ag.reement. or the unit ,:cases to be utili/.cd for affordable housing. or is no\ sold tP legal
residents, the full amOU11l ()!' deferred impact fees shall be immediJ\cly n."paid tn the County.
including cdl appliCable interest and penalties.
8. This Agreement is the S(\!c agreement between the parties with respect to the subject Inatter
herein. and shall be hinding upon the DF\'ELOPER'S successors and assigns in interest.
9. This Agreement shall be recorded in the official records of the County at no cost to the
COl:NTY.
IN 'WITNESS \VHEREOF. the P::lf1ic:::, have executed this Agreement on th(' Jate and year
first ahovc v,orittl'n
/\ltesl'
DW]GHT r:. BROCK. Clerk
BO\](]) 0] COt'';TY CO\jM]SS]W.,]'RS
COLLlLR COI'N]Y. H.ORIIJA
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STX1T OF FLORIlJA
COUNTY 0] COIIIFR
Th~' rnrcsoinl-C !Ils!rumcnl \\ us
OeloDer. ~2007, h) JohY\.
I.EN:.i:\R HO:-l,'lES. 1.1.(", \\h(\l:; pCTc;onalh
identi fication.
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NOTARY PLll:.lC-ST,',TF: OF Fl.oRIDA
/"'''''\ Jennil"er Leigh Ford
% ~ ~ CommissiGIl # DD6fWS07
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1I[):-;Dl::.lIllIJ(U^nJLSTlClh);'H)Jr;I~CO..lr;c.
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_______-'lL-___.
Jeffrey :\. K.latzko\\
Chief Assii{tant"lCounry Anome)
\ '
Rccomlm:nd aprn1Fal:
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~~'\~K-r-u.~~-hih.2i~:~lZ;r-;~T
Tlousin~ & Human Services
Page:2. of::
,
Agenda Item No. 16D14
t"ovember 13. 2007
Page 5 of 11
EXlIllllT "A"
LEGAL nESCRlPTlON
A Parcel of Land in Section 23. Township 48 South, Range 26 East Collier County. Florida: A
Portion of Tract "E", Heritage Bay Commons, a Subdi"ision as Recorded in Plat Book 43.
I)a~es 46 through 54, of the Public Records of Collier Coun~', Florida (An 8 Unit
Condominium Building)
EXHIBIT "B"
IMPACT FEE BREAKDOWN
9055 Gervais Circlc.'
R-lJnii Building
{TNIT A
___}_'~~~_~' Liv_in~.
[lNlTll
1.543 sfLivil!~__._____
A ROADS $ 6.0~9.{lO
B EMS S I ()(jY!
C()RHEC1'j{)N/\J .} n.K-l
[) I.lBR/\RIE\ $ 368, I X
Ie COMMl'N]TY PARKS $ -50,(j()
F. REGIONAL PARKS $ 1.(i59,(jO
(i. SCHOOl, $ 2J-\62.on
NUMBER Or UNITS
'1
$ 6J)St1_00
$ 112.04
$ 90.1 I
, lo!UX
S '50.00
S 1.659.00
I ~.X62.0(J
$ 410.00
$ 171,/)1
$ 3.4] 5.00
$ 3.515.0{)
$ I()A 1 i.q.1
,
] 1. COVERNMENT nUILDIN(iS $ -1] 0.00
I ]A W ENFORCEMENT
$ ] 7] .6]
J. WATER
$ :,2g0.(j()
k_ Sr::V,,'L~R
): :,"55.()()
ny] AI FEES PER 11),IT
~ i;.I();j.::'.~
IOT'\IS RY [',<]TTYP]
Sbl.;,-116.lH'(
$77.6:17.76
TOTAL IMPACT FEES
SI4(>,1I64.64
Page I of 1
'I. r r I, ,~! ;., .
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COLLIER COU"'TY
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Item Number'
Item Summary:
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Approved By
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fiJe://C:\Ag:enda Test\Exrort\92- Novemher%20] 3. %202007\] 6.%20CONSENT%20AGEN.
] ]/7/2007
Aaenda Item f\Jo. 16D1<4
~ November 13, 2007
Pa;:e 7 of ; -:
Official Receipt - Collier County Board of County Commissioners
CDPR1103 - Official Receipt
Ifrans Number
1781452
I Date -J Post Date
__.-J 8/612007 1201:45 PM 18/612007
-I Payment Slip Nbr
I PT 2007041638
.---j
---.J
Address: 9055 GERVAIS CIR
Owner: BAYVEST LLC COA#: 04-6673
Permit Type: BR2 Job Desc 2 STRY CONDO 8 UNITS W/ SHUTTERS & IMPACT
Applicant: CINDY VAZQUEZ
DBA: U S HOME CORPORATION
Swr Meter: NC Wtr Meter: CC
Payor: US HOME CORP
Fee Information
I Fee Code j Descrilltion
l GL Account
Amount I Waivedul
i 08BCAI - i BLOG.CODE CERT. SURCHARGE . "11300000020882060660~ $61.04 !
108BPNP . BLDG PERMITS - NAPLES 11313890032211000000... .. $3585.00
108CPMF COMM PK IMPACT FEE M/F 31611636336353031346 I $6000.00 !
j 08EMMMF EMS IMPACT FEE M/F 35014047036353031350 ---1 $850.52
08FLNN FU3E:< 1 MILLION-NORTH NAPb.E$ _ 1130000002091Q!000QIJ__-+ $966.24 - ----"---....,
! 08FPRF FIRE PLAN REVIEW FEE _. I 11300QOQQ;109102000QIJ_ ' $979.60
I 08GBMF GOVTJlLDG lMAPCT FEE M/F 390 1222313635303 j3~0 .. I $3280.00
JAIL IMPACT FEE M/F 38111 0430363~303.1:38L.. j $675.80 -3
08JLMF
i 08LBMF L1BRA8'r'JMl"t'CT FEE M/F 35515619036353031355 $2945.44
I 08LWMF LAW ENF IMPACT FEE MfF 38511043336353031385 $1372.88
08MFR6 DIST 6 ROAD IMPACT FEE-MUL TI-F 33816365836353031338 $48472.00 i
08MFSG ,MICROFILM SURCHAR@E:.. 11313890034144200000 $9.75
08NNIM NORTH NAPLES FIRE IMPACT 11300000020981000000 i $3418.2't . I
,
08RDGS BLDG. PERMIT SURCHARGE 11300000020880000000 , $61.04 -~I
08RPMF REG PK IMPACT FEE M1F. 34611636336353031346 $132?2.00 I
DascH I ------- ----------------- ----
~OOL BOARD IMPACT FEE _ .1130QO.OO020905000000 $22896.00 '
11PUDM PUD MONOTORING FEE 13113890432248900000 ~600.00 .
, 08BACR I BLDG. PERMIT APP. FEE CREDIT 1131389003225~00QOOO $-324.45
, 08APPF T FIRE PLAN REVIEW APP FEE ... 11300000020910200000 $-632.00
- ------ 41127351134336031411 Y $0.00 ----
. 42WSDC i WATER SYSTEM CHARGE
I 42SSDC i SEWER SYSTEM CHAI3GE 41326361334356631413 /' z---_ $0.00
'~A';~;:, ~zo.,
- . {
D
Continued
v 5f>>rfJf * Z7/'{~' 00
Collier County Board of County Commissioners
CD-Plus for Windows 95/NT
Printed:11/1/2007 8:55:39 AM
i-',Genae] Item r,jo -:6014
r~o\je:i~;D~:-- ~ 2007
c';
Official Receipt - Collier County Board of County Commissioners
CDPR1103 - Official Receipl
, Trans 1-Il'mber
i 781452
~U_.
Date Post Dale
81612007 12:01 :45 PM 81612007
-'~---
'~=r~~Y=~if6~~r
d~l
Payments
[Payment Code : AccounVCh~i:~k'Number
CHECK .. ----.l92245270
Amoum:J
$1 0848.9~1 0
T olal Paid
Lll~~t~~ I
$10848910
T olal Cash
Tolal Non-Cash
Memo:
Cashierllocation: MCCAULEYKATY I 1
User MONCIVAIZGILBER
Collier County Board of County Commissioners
CD-Plus for Windows 951NT
Printed:111112007 8:55:39 AM
Aqends item 1"10, 160! 4
,- f\lovembei 13, 2007
~J of 1
Official Receipt - Collier County Board of County Commissioners
CDPR1103 - Official Receipt
i Trans Number 3ate ..
i 755357 .--- ".__ 4/27/2007928:11.6M...
: Post Date
4/27/2007
_'0 ._.________
! Paymenl Slip Nbr
~ F'.1:.2006121829
Address: 9047 GERVAIS CIR
Owner: BAYVEST LLC COA #: 04-6672
Permit Type: BR2 Job Desc: CBS 110 UNIT CONDO 1 2 STORY 1 800 AMP 1 IMPACT WINDOWS & DOORS
Applicant: WES-NAPLES PERMITTING
DBA: U S HOME CORPORATION
Swr Meter NC Wtr MeIer CC kll LV ~tu !Sf)JJU, J Mitt()\- ~B
Payor: US HOME CORP f tlvi d- 0 f\ Ov')t- pM M \-\- . Co;eJS ~LI
1>"0" ",000 .: ':~~~::2~dtfi1<' ~(ePt~:'~hed
'42W C 'WATERSYSTEMCHARGE 4112735.1134336031411: $187825.00'__]
~42S Dc SEYVE.R SYSTEM CHARG 4132636133435(:)031413' $19332500
08BC RCHARGE ,11300000020882000000 72.99
, 08BPNP BLDG PERMITS - NAPLES i 11313890032211000000 $4670q.__.__
C--.08CPMF ,COMM PK IMPACTF.~EM/F.._ ! 34611636:J~6353031346 __$750000 I. . '_.'
IOJ3.!'MMMF' EMS IMPACT F'"E::!=J'/ll[._ 35014047036353031350_:>107460J__...J
: 08FLNN FIRE< 1 MILLION-NORTH NAPLES 11300000020910100000 $1037.94: 1
! 08FPRf FIRE:.PLAN REVIEW FEE 1130000002091020000Q _~J.28064 ' .
08GBMF GOVT BLDG IMAPCT FEE M/F 13901222313635303.1390 ____....$410000 I
08JLMF-tjAIL IMPACT FEE M/Fnn 38111043036353031381 $855.92!
08LBMTLI B~,A,RYIrv1l'.6CT FEE M/F 35515619'036353031355=-~ $3681.801
08LWMF LAW ENF IMPACT FEE M/F 3851104333635:J031.:385~171610 I
"OSMFR6'DIST6 ROAD IMPACT FEE-MULTi::-F 33816]6583.6353031338 $60590-:-601
'OSMFSG!MICROFILM SURCHARGE =_ 11313890034144200000 $501 i
108NNIM 'NORTH NAPLE~FIRE:JMPACT_J130QQ00020981000000 $436184 __-'
10SRDGS BLDG. PERMIT SURCHA~G_E_._ 111300000Q20880000000 .$72gg._. I
108RPMF REC?PK IMPACTFEE M/F . n.... '346.1163633635.:30)1346 ._ _ $16590.00 !
! 08S~J:l1 SCHOOL BOARD IMPACT FEE 11300000020905000000 _.' $28620,00 I !
I ~~~~g~ --'~~gGM~~~~~~~~ ~~rC~'E-DIT : ~ ~~~ ;~~~5~~;~~8~~~~~-:~=-~~;~~~~
'08APPF;FIRE PLA-NREVIEW APP FEE_n-1..1300000020910200000 I $-790J)~j
Total i $517173.78
- Continued -
Collier County Board of County Commissioners
CD-Plus for Windows 95/NT
Printed: 111712007 9:05:32 AM
j\cendi:; Its'rrl No. 160
~ t'Joven1ber 13.20
1Cj(jf
Official Receipt - Collier County Board of County Commissioners
CDPR11 03 - Official Receipt
ITrans Number
i 755357
Dale _____~PQSI Dale Paymenl Slip Nbr ~____.~._
4/?7l2007 9:2813 A~ 4/27/2007 ____---1.1'T 2006121829 ~ I
Payments
Payment Code Account/Check Number
CHECK 645
CH ECK==--J6211378~l_
l Amount
I $40034
___ ~5_16773A4
Memo:
Tolal Cash ~ .~$OO~
Total Non-Cash I $51-i173'i'
~--~-- ~
Total Paid ~iZ1~
Cashier/location MCCAULEYKA TY I 1
User POTTER_ T
Collier County Board of County Commissioners
CD-Plus for Windows 95/NT
Printed:11/7/2007 9:05:32 AM
A9~.'Ilda Item No. 16D1 J
November" 'I=~, 2007
P29::: 1 c/l1
RamseyFrank
From:
Sent:
To:
Ce:
Subject:
MoncivaizGilbert
Friday, October 12, 200710:24 AM
RamseyFrank
MoncivaizGilbert
RE: Heritage Bay Affordable 8 unit
Frank,
Here is the breakdown of water and sewer impact fees for the 8-Unit building:
Each unit over 1,500 sf = $3,415 for water and $3,515 for sewer (4 units at this rate)
Each unit over 750 bul under 1500 = $2,290 for water and $ 2,355 for sewer (4 unils at this rale)
Please nole Ihat 55 ERCs for waler and sewer impact fees were applied to permit # 2006 121 829 (permit 2007041638
and 2007041635 had no water or sewer impacl fees applied to Ihese permits).
Thank you,
Gilbert
,-'
EXECUTIVE SUMMARY
ACl9nda Item No. 16D15
.. r,ovember 13. 2007
Page 1 of 12
Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Lennar Homes LLC (Developers) for deferral of
100% of Collier County impact fees for a 10 unit owner-occupied affordable multi-family
housing units located in a parcel of land in Section 23, Township 48 South, Range 26 East
Collier County, Tract E, Heritage Bay Commons (9051 Gervais Circle) and authorizes a
reimbursement of the fees paid by the developer on Building Permit 2007061061 in the
amount of $184,888.18.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Lermar Homes LLC for deferral of] 00% of
Collier County impact fees for an owner-occupied affordable multi-family housing unit and
authorizes a reimbursement of the impact fees paid by the developer in the amount of
$]84,888.18.
~
CONSIDERATIONS: Article]V 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 deferment was submitted by Lennar Homes LLC, which application, after staff
review, was determined to qualify for thc program. Lennar Homes LLC will sell the units to
persons whose legal status will be veriJied, documented and kept on file at the office of Housing
and Human Services. ]1' the developer fails to comply with the terms of the agreement, or the
unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount
of deferred impact fees shall be immediately repaid to the County, including all applicable
interest and penalties. The property is located in Section 23, Township 48 South, Range 26
East, Collier County.
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.
Section 74-202 of Article II, Chapter 74 of the Collier County Code of Laws and Ordinances,
the Collier County Consolidated Impact Fee Ordinance, 2001-13, as amended. provides for
specific criteria and procedures for processing routine and non-routine requests for impact fee
reimbursements. Specifically, as set forth by Section 74-202 (h) (5):
"All reimbursement requests totaling Mentyjive thousand dollars ($25,000) or more,
cannot be approved administrativelv and must be submitted to the Board oj" County
Commissioners. "
.~
Upon approval. and execution of this deferral agreement and lien, the impact fees paid by the
developer will be reimbursed.
Aaenda Item No. 16015
~ November 13.2007
Page 2 of 12
FISCAL IMPACT: This agreement defers $184,888.18 in impact fees (4 units at $17,104.57
and 6 units at $19,411.65). Lennar Homes LLC will pay the pending EMS impact fee in the
amount of$68.70 prior to issuance of the reimbursement check. 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.
The recommended impact fee reimbursements will be paid from the funds specifically budgeted
for impact fee reimbursements as follows:
Community Parks
Correctional Facilities
Educational Facilities
Emergency Medical Services
Government Buildings
Law Enforcement
Library
Regional Parks
Road (District 6)
Water
Sewer
TOTAL
$ 7,500.00
$ 855.68
$ 28,620.00
$ 1,074.60
$ 4, I 00.00
$ 1,716.10
$ 3,681.80
$ 16,590.00
$ 60,590.00
$ 29,650.00
$ 30,510.00
$184,888.18
Upon execulion of the agreement and lien, Water and Sewer Impact Fees will be paid from the
revolving fund approved by the Board of County Commissioners on June 24, 2005 to reimburse
the Collier County Water and Sewer District for deferred impact fees for affordable housing.
The applicant will receive a reimbursement of the Water and Sewer impact fees paid relaled to
the subject construction; however the Water and Sewer Impact Fee Trust Funds will remain
whole.
GROWTH MANAGEMENT IMPACT: Remittance of the requested impact fee
reimbursement may adversely affect capital project funding for road construction; however, the
development is entering into a deferral agreement and lien relaled to the subject impact fees;
Iherefore, the impact fees paid for the subject construction should be reimbursed.
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 Lennar Homes LLC for multi-family
homes located in Section 23, Township 48 South, Range 26 East Collier County, Tract E,
Heritage Bay Commons (9051 Gervais Circle) and authorizes a reimbursement of the fees paid
by the developer on Building Permit 2007061061 in the amount of$184,888.18, and any budget
amendments that may be required associated to the reimbursement.
PREPARED BY: Frank Ramsey, SHIP Program Coordinalor
..
f:\OSrlGa item l'>lo, '160~i5
~ November 13, 2007
F'2gE: 2, of .~ 'I
IitlUrlllll
l'r~n~ "':Im""
Iloll.dUl! ~lld Human ~(>nitr,
3.1HI LT",niamiTntil
"'a[Jln.l.t..rida.l~ll:
Filc# 1l8-1l38.IF
rhi,'paCl' for rt'tllnJinJ;:
LIE" AGREDIE"T WITH DFVELOl'ER FOR DEFERRAL OF 1011% OF
COLLlEll COI'"T)' IMPACT FEES FOR OWi\Ell OCCTPIED AFFORDABLE
(jO\:SING DWELLI'\iG V:\ITS
This Agrccll1cnl is entered intu thi~
day of Uctoher. 2007. bct\vccn Collier County. a
political subdi'vision of the State of Florida (COl')\TY) and "LS lJomcsi'Lcnnar Homes LLC"
(DFVELOPER). collcctiH~ly stated as the "Parries,"
'\JO\V. THEREFORE. f(1r good and yalllable considcr~llinn. the receipt und sufficiency of
\l.:hich is mUluall~' ackno\,\ !edged. the Panics agree iJS follows'
1. This Lien Agrccmcnt is nndc rW"suant to Chapter 74 urlhe Code nfl,a\\s and Ordinance.';, of
C.o!lier C(lUnl~. Florida. knn\\'ll a,~ "Thl' C(lliier Cmmty Ctll1sl,1lidatcd hllr~lct fl.:l' Urdinance"
\(Jrdin,Ulee) In the e\'ent (,rany conflicl wilh thi;.; .\grc:cmcnt. tlK' term;.; ofth',,: {Jrdinan::.:c sh~_dl
aprly.
I he Icpl eks(1 :ptlon of the d\\"ellin~ unll is d~l<lch(:(i ar.; r.xhihn ".\
ih-,- term n, ;.hi',-\~!.!"':'~'rnt.'r.\ i~ !'r(1J'7~ i~ "~uanu' ", ,,,,, .\;rccmcr,; liil:i: :;1\ ((" 1l1\111lI1S d11C'1
is~;uanCt' n! the c:c:l1ific:atc (\1' (lCnlP:Hl;:" in:' tk, d\\e]l1n~ unitl""
J The' amuunl or th,~' imp:lct ke'; dc:i'en~'(] ~}dl ht' p:lid lU lho.:' C01 ''.,"TY i1'. full uron the sale n1
L!ll' dWI..'liing UI1I11s,:, unic;.;:; the dwel]lng unlls ;:1'C. sold 1n houselll1lds rncctill!; tile cntc'na set
forth in the ()rdinancc. ~mJ tIll' impact fees arc cluj:- ekkl1'cd. As sel rnrth j:~ Exhihi1 "B'" tlK
am(lunl oi' tilt: ddcrrcJ Impact ll'es Jc.: (InulJJ.mJIeJ F:ii.2~.J~C'LlI' 'fhl1.q"'ill1K! FiQhLllimQ!:~:!:]
Liuht\ Fj~hLillHJ 18100 1)01 I ,![l'.JS 1 R..LX88.J.BJ
5. The dl.'ferred impact ICes shall ht..' a lien on the propeny dcseribed in l:xhihit ";\,,. whieh licn
m;lY he i'oreclosed UPlltl in _ the l'\'l'nt oj' non~c()mpliance V,Jlh the Ordinance (1)" with this
A~rcemcl1t. fhis A~':rel'nH:nt shall oper3h.' as a lien a~:linSl thl' d\\'c]iin~ unius), I"ile lien sholl
terminate upon the l'c(:I1rdinf,: of'-l rclcJ.se or sati:';!(lCtion (,I' lien in the j1ubiic records Dr the
(punt) Th\: dci'crraie; 11lllllpaU fee" and thie; i\!;feCmCm shalt run With the bnd. and neithc:r
the deterred impact fees nor this ,'\):I"I.'I..'l11cn\ shiJll he transferrcd. a:->si!Znc(L or (\tll'.T\\i~;l'
c()n\'l~ycd from EXC~:rl ,to.; pnn'iucJ h) 1;1\\. rcgardkss or an:- foreclosure on the iirst mnrt~a!;'c
or other securilY nner~'sL lhi~; hcn sha:l (11hawls';,: b..:: surerinr ~:nd p;m:n1(lUnl to the intl.'n.s, in
tnc dwdlin~ unit or an; uwner. kssc:..:. tL.'IW.llL 111Clrtga:;Cc. or l)thcr pcr:,ul1_ ('>.:eept that this lien
shall he nil r~rilY nith an:- lien fur ((lUlll: la.\'l'.~
6. t- pun lill' sati.'>i'aelOry c(Jll1pldion n~' this'\~)"cc:mcnt s r:':,lUirl'llle11ts. C( H :....<'1'\' shall r,~C\:rll
any nccessar~ documcntmic'l1 c\'iJencin~ :-;:J!11C. lnciudinJ:'.. bUl no! limited 1(1. (J full or partial
r;:1case or lien.
7. In the c\'cnt the DEVl:-.LUPER ic.: in debult unde'[ the Ol"diml11cc nr this __\t-'l"cclTIt'nt. and the
deLlUlt is not cured \\'ilhm "I) ebys after \'.Tltten n()licc l:~ pn)\'idcd to the DL\T:IOPLR. i.l
delinquency k'c equal t(, \<.:n p'.'n:er.t 110",(,:, (1~' the to18.1 i:~lpJ.Ct fcl' imp(lsccl sh<l11 he usc.:c:;scd.
and the COl :NTY may. ;Jl ib soh: option. collect the impaci fee ammmt in default and
assessment as set fOf[]l in thl' Ordinance. or bring a civil action to enforce this Agreement. or
Page- 1 of:!
,L.,asnda iten; t\;:::- 1 aD;,:,
- Novembel" 13. 2007
Page -4 0f 12
declare that the deferred lmp:u.:t il:o.:s me then ill dduul1 :mJ immcdiat!.'l~ due and p:ryahle 'rile
CUU\T\' shall he enti1led 1(1 n':Cllve;' al: fees :mJ costs. Including :'ltlorney"s fee and cos1s.
inclIrred by the COl]J\TY in enforcing this Agreement. plus intcf(.'st al thi: thi:n maximum
st<HUlOr;. rate ic)r .judgments .:alculated on a calendar day hasis until paid. DEVELOPER \vill
sell the unit to persons whose legal SUlIUS will be \'erifil~d. documented and kept on file at the
office ()f Housin~ and i lUl1lun Sen-iees, Jf tn!.' dc\c:{'pcr fail.'; t(i :.:omply with the terms 01' the
agreement. or the unit ceuses to he miiizcd for affo]"(iuhk hnusin~. or i.'-' not sold [(1 legal
resldents_ the full amount pf deferred impact fees sh::lll he immediately repaid t(l the Counl~.
including all applicahlc interest and penuhies.
8. This Agreement IS the so!c agreement hct\\'ecn the p::lrtics with r~spcct w the subiect matter
herein. :.llld shall he hinding upon the DEVELOPFR'S successors and assigns in imcrl.:st.
9. This Ag.fl~cmcnt shall be recorded in the of1icial rcc(lfds uf the Cpunty at no cost lu the
CCll ':\IY
1:\ \VIT:"IESS \"HEREOF. the Parties have executed this ;\grecmcm Oil the dale and y'cur
first ahO\'c \-\Tlllcn.
AneSl:
flW](j]]I] B1WCK Ckr~
HO,YRlJ OF COn;IY Ul,!:'llSS]O:\]Y.S
COLl.IFR cm '\IY. ) LO)U!l.\
By'
HI
. ;)(.';<:..:1\ ( :..-rk
. \\jr::-; ('Oi.F.'jUiA Chair-mUll
DL.\TI (il'!}". l-~ 1.j(\:ne.\I.'~'nrur U_C
~\'illlr..:s'jc~: .
, ,~,/.",
", ,.I ,/. ' /':.
''-!4;tf..:;'' ,;> '"'---
I' .~-
/ l)rintN;Jmc~'fh.-i :)~(_'r:"":'".j-i-'::'"
-~..-:: . ./,_.,/.~
l-~\ ,;/_-,"C:::;~~;..
P;nlt-i\a~c~'-:;::~~::--{~" {?~:~7.. 7~:;7\
~
Title: i'/ (~~- "L;,....~=-:..-r.:..A./r-/_-r,
._. fC-
.~)A.1'111\am('
~-_._..
1,;:\" 1,,"
SLUE OF FLOR)[) \
CO] ''\IY 0] (OLLlLR
The i"oregoin; ill;;lrUn1(.:nL-\i,,'n:CI1Knl \\a.'- (lCkno\\'kJgcd \-1c(on: me thi"
(lc!phcr. 2007. h:-1CLj.; LI:..~L:tLljC-__ a" --.li1\ L..JLJ~_t~~.L.j i"
j-IO\lESiI.E1\,\':'\R l.LC. \-,hl) is personal I;. krlO\\!1 WillI;: or has prudm.:cd
iJcmilic<ltin!1. __u
da\ (If
hIt" \ i~
a..,
N~!:~~Y PUBLIC-STATE OF FLORIDA
/~W'\ JeM!f~r Leigh Ford
',~iCo~mls!;Jon # DD680507
'""","- EXPIreS: MAY 31,2011
,)~DTliRD AlU.N'I1CIlONUL>,j" ca, mc.
. I I
, . .I , '
---c-..JL~'.J.LL",,/.''- "". /' - ;'/,/ :'
(SiL'.l1:ltlH;cof '\'{Itar< Puhlic)
/ - / .
1,\()J..\i(]C\I Sf 'd. 1
J-< I 'i, j'~ i,_.._.____'.,."L.._.._!..~___~.L..J."_./_l.._._
(Print l\anh.' nr,\(1la';"~_Puhlic\
Recommcnd approval
. \
:1
Jeffrey'. . T{ . tzkO\-\
Chief A~sisUnt ('tmntv Attorne:
~ .
Page 2 of2
Agenda item NO.1 D15
November 13. c 007
Page 5 f 12
EXHIBIT "A"
LEGAL DESCRIPTION
A Parcel nfLund in Section 23, Township 48 South, Range 26 East Collier County, Floridu:
A Portion of Tract "E", lkritagc Bay Commons. a Suhdivision as Recorded in Plat Book 43.
Pages 46 through 54 of Public Records (If Collier County, Florida (A 1 () lmit Condominium
Building)
EXHIBIT "A"
IMPACT FEE BREAKllOW:'\
9(!51 (;ERV AIS CIRCLE
IO-l'''IT B{ILlJI'i(;
(1'i1T A
1.357 sf Living. 1.373 Total
V.. IT II
1.538 sf Living. 1.6~1 sf Total
!\. ROADS
S 6.054.!)()
S 6J15LJ.(l(l
B. LVI<;
'\
JOU.)!}
l. CORR]TT]ONAL
;;
79.19
5 i 12.(14
5 89.82
;; 36?;.1 X
S 750.00
S 1_659,00
$ 2.g6~.()O
$ 410.00
S i71 .61
S .~A! S.UO
S ~.5j5.0n
$ ] 9.41 j .6;')
6
;; ] ] 6.469.90
]) J.IBRARILS
$ 368.] g
;; 750.00
;; 1.())9.00
S 2,X62.00
S 4] )).0))
S 171.() 1
S 2.'::9U.OO
S 2.~55.0U
S 17,] 04.5:
L COVIMUNITY PARKS
F. REGIONAL PARkS
(, SCHOOL
II. GOVLRNME\JT Bl'JI.DNl.i<;
I LA W ENFORCEMENT
J. \YATER
K <;FWLR
TOTAL FEE<; PER U'\11
J\UMBER OF lJ:\IT<;
4
TOTAI.5 BY UI\]T'] YPE
51 ML41 ";,28
TOTAL IMPACT FEES
S 184.888.18
:'~~;';r fJ::,' 'I ()[J: 5
i,; ~>Vf:'n'iDS" i::. 2Cl()7
i:::!' '12
Official Receipt - Collier County Board of County Commissioners
CDPR1103 - Official Receipt
Posl Date___._1 Payment SlipNbr
6/2712007 . PT 2007061061
. Trans Number
: 773045
I Date
16127120079:23: 18 AM
Fee Information
'\)0
tiJ" \)\">
~t#\~ i/~'
~ ~ ~1,~'
/II
Address: 9051 GERVAIS CIR
Owner: BAYVEST LLC COA#: 04-6672
Permil Type: BR2 Job Desc: CBS M/F 2 STY 1 O-UNIT AFFORDABLE HOUSING
Applicant: NAPLES PERMITTING-CINDY
DBA: U S HOME CORPORATION
Swr Meter: NC Wtr Meter: CC
Payor: US HOME CORP LEEICOLLlER
08JLMF JAIL IMPACT FEE M/F
08LBMF LIBRARY IMPACT FEE M/F
08LWMF LAW ENF IMPACT FEE MIF
08MFR6 DIST 6 ROAD IMPACT FEE,
I 08MFSG
108NNIM
, 08RDGS
:~JlRP1!1F
: 08SCHI
'11PU[)M
r08APPF
, 08FPRF
MICROFILM SUJ~CHARGE
, NORTH NAPLES FIRE IMPACT
:B_LQ5>, PERMIT S!,JRC_H~RGE
1 REG PK IMPACI FEE M/F
i SCHOOL BOARD IMPACT FEE
PUD MONOTORING FEE
FIRE PLAN REV]EW APP FEE
FIRE PLAN REVIEW FEE
.
---
GL Account Amount Waived
41127351134336031411 $0.00
41326361334356031413 $0.00
11300000020882000000 $77.871 I
_1J313890032211000006- - $4560.00 ;______~
.____ 34611636336353031346 $7500.00,.. ..~
,35014047036353031350 $1005.901
: 11300000020910iooooo $1067.221
'39012223136353031390 $4100.001
38111043036353031381 $855.68
35515619036353031355 $3681.8-0.'3. .....-.--
38511043336353031385 $1716.10
MLJL TI-F 338163658363?3031338....~.'. ._$6059000 .
.,1.131:3890034144200000 .n L.. _ $3.00
'11300000020981000000 1$4360721 -i
: 11300000020880000000 I $77. 87 : '
~~t ~;~~~~~~~~~~;~~~~~- -=-I._:~~~;~~~ i... _n__
: 1311.3890432248900000 '1=' $7500.QL
. 11300000020910200000 $-790.00 I '
'1130009Q9:20910~OQ900 . . , $79000 f--~
Tota] 1__$135.556.16;
Fee Code Descri tion
42WSDC WATER SYSTEM CHARGE
42SSDC SEWER SYSTEM CHARGE __
08BCAI SLDG.CODE CERT SURCHARGE
08BPNP 1 SLDG PERMITS - NAPLES
08CPMF 1 COMM PK IMPACT FEE MIF
08EMMMFI EMS IMPACT FEE M/F
08FLNN 1 FIRE< 1 MILLION-NORTH NAPLg:S
08GBMF 'GOVT BLDG IMAPCT FEE M/F
. Continued -
Collier County Board of County Commissioners
CD-Plus for Windows 95/NT
Printed: 111112007 8:45:43 AM
I-\J9:103 Item j\~c'. '16015
'. Novernber 13. 2007
Pags 7 of 12
Official Receipt - Collier County Board of County Commissioners
CDPR1103 - Official Receipt
Trans Number
773045
I Date , - [Post Date
1<;/2712007 9:23J~A~ ,6127/2007
-j Payment Slip Nbr
PT 2007061061
--~
Payments
~e.nt Code I AccounUCheckNumber
CHECIS . 654 _
Amou:mJ
..L ~135556,16 i
Total Cash $0,00
Total Non-Cash _$135556.16
Total Paid 1---s135556.1~
Memo:
Cashier/location: MURPHYLlNDA 1 1
User: POTTER3
Collier County Board of County Commissioners
CD-Plus for Windows 95/NT
Printed:11/1I2007 8:45:43 AM
Permit Payment Fee History Report
-
CDPRl121 - Permit Payment Fee History Report
PAYMENT SLIP NBR: PT-20Q7061061
TR NBR
769188
769188
773045
773045
773045
773045
773045
773045
773045
773045
773045
773045
773045
773045
773045
773045
773045
773045
773045
773045
773045
773045
PERMIT NBR
2007061061
TYPE
BR2
STATUS
INSPECT
JOB DESCRIPTION
CBS M/F 2 STY 10-UNIT AFFORDABLE HOUSI
CERT NBR
28341
DBA
U S HOME CORPORATION
OWNER INFORMATION
BAYVEST LLC
FEE CODE ~RIPTION ~
08EMMM'C' ( EMS IMPACT FEE M/V
08FPRF FIRE PLAN REVIEW FEE
08FPRF FIRE PLAN REVIEW FEE
08FPRF FIRE PLAN REVIEW FEE
08BREV PERMIT REVISION
08APPF FIRE PLAN REVIEW APP F
19APFA ADEOUATE PUBLIC FACILI
42WSDC WATER SYSTEM CHARGE
42SSDC SEWER SYSTEM CHARGE
08BCAI BLDG. CODE CERT. SURCHA
08BPNP BLDG PERMITS - NAPLES
08CPMF COM M/F
08EMMMF EMS IMPACT FEE M/
08FLNN FIRE< 1 ~ -NORTH
08GBMF GOVT BLDG lMAPCT FEE M
08JLMF JAIL IMPACT FEE M/F
08LBMF LIBRARY IMPACT FEE M/F
08LWMF LAW ENF IMPACT FEE M/F
08MFR6 DIST 6 ROAD IMPACT FEE
08MFSG MICROFILM SURCHARGE
08NNIM NORTH NAPLES FIRE IMPA
08RDGS BLDG. PERMIT SURCHARGE
08RPMF REG PK IMPACT FEE M/F
08SCHI SCHOOL BOARD IMPACT FE
11PUDM PUD MONOTORING FEE
08APPF FIRE PLAN REVIEW APP F
08FPRF FIRE PLAN REVIEW FEE
Collier County
CD-Plus for WindOWS 95/9B/NT
MASTER NBR
WAIVE
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
JOB PHONE
(239) 278-1119
STATUS
PENDING
PENDING
PENDING
PENDING
PENDING
POSTED
POSTED
POSTED
POSTED
POSTED
POSTED
POSTED
POSTED
POSTED
POSTED
POSTED
POSTED
POSTED
POSTED
POSTED
POSTED
POSTED
POSTED
POSTED
POSTED
POSTED
POSTED
TOTAL DUE
TOTAL PAID
~s
.::::--
~ I, QOS-t:rn
~ b '0- 1D
ff1- ~D ~~l
+
-
~ 1,
!:Ui'i 1-'>1:: 1GD
r\C'\'E';TlU~:" 2D
Of
-
PA::LD DATE PAID
AMc'T' ~OUNT
68.70
200.68
150.68
125.00
125,00
790,00
100.00
0.00
0.00
77.87
4.560.00
6/12/2007
6/12/2007
6/27/200"
6/27/200
6/27/2007
6/27/2007
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6/27/2007
6/27 /2007
6/27/2007
6/27/2007
6/27/2007
6/27/2007
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Printed on: 11/2/2007 3:S9:07PM
page 1 of 1
--3 C::"'Q-~f"\
C-1 005,90
1,067.22
4.100.00
855.68
3,681.80
1,716.:0
60.590.00
3.00
4.360,72
77.87
16.590.00
28.620.00
750.00
-790.00
790.00
137.116.22
790.00
100.00
0.00
0.00
77.87
4,560.00
') 7.500.00
1.005.90
1.067.22
4,100.00
855.68
3,681,80
1.716.10
60.590.00
3.00
4.360.72
77.87
16.590.00
28.620.00
750.00
-790.00
790.00
136.446.16
,;J.~sndEi item No. 16D:5
Novemner '13, 2007
Page 9 of 12
Official Receipt - Collier County Board of County Commissioners
CDPR1103 - Official Receipt
, Trans Number Date - -------past Date
1755357 .. .____:~7/20079:28: 13 AM 4/27/2007
1 Payment Slip Nbr
PT 2006121829
-_.~
Address: 9047 GERVAIS CIR
Owner BA YVEST LLC COA #: 04-6672
Permit Type: BR2 Job Desc CBS 1 10 UNIT CONDO 1 2 STORY 1 800 AMP 1 IMPACT WINDOWS & DOORS
Applicant: WES-NAPLES PERMITTING
DBA: U S HOME CORPORATION
Swr Meter: NC Wtr Meter: CC
m 1 W~~ JS-(}JJf/( I Mf u+ fees
fcti cL 0 r'l DfI.-e,. f7e1 #'vlt. [o~5 ~ U
Fee Information bl1vdCJ;t'f\@S' t)(~.M:~1d_
iYed~
-------1
Payor: us HOME CORP
Fee Code I D . n ; GL Account . _ moun ;
I 42WS WATER SYSTEMc:IjARGE_--1411273511343360~1411 $187825.00
42S C SEWER SYSTEM CHARGE ~3~€j36_1334356031413 $193325.00
08B I BLDG. CODE CERT. HARGE 111300000020882000000 1
08BP .~ - NAPLES 11313'89003Z~.11 000000 _ 1 $4670~40 _____
108CPMF ! COMM PK IMPACT FEE M/F _3.:1~116363363530:3J3!==t6 '$7500.00 -
I68EMMMFT EMS IMPACT FEE M/F __ 350140470~.6~53031350. $107.:160 _____. I
108FLNN 1 FIRE<1MILUON-NORTH NAF'.LES 113000000209101000.0.0.... $1037.94T..-1
!08FPRF . FIRE PLAN REVIEW FEE 11300000020910200000 . ._- $1280.6411..____ i.
'08G8MF-; GOVT BLOG IMAPCTFEE M/F ,39012223136353031390 ! $4100.00 I
08JLMF ! JAIL IMPACT FEE M/F-- -:3811 '
08LBMF LIBRARY IMPAC'r"FEE M/F ---r3551
08LWMF LAW ENF IMPACT FEE M/F I38s1
108MFR6 DIST 6 ROAD IMPACT FEE=-MULTi-=-F 13381
08MFSG IMICROFILM SURCHARGE --------lJ-1.:3-1
'08NNIM --I NORTH NAPU::S-FIRE IMPACT 11130
SURCHARGE .. r 1130
CT F-EE M/F --, 3461
----.----..----
RD IMPAc:T FEE____.__ 11300000020905_000000
RIN0. E.i:::E _J~11~Il~O<l32248900000
APP FEE CREDIT 11313890032251000000
VI EW.A:fOP-FEE ! 1J3QO.00002mi10Z00000
Total
1043036353031381 $855.92 -~
I
5619036353031355 $3681.80
1043336353031385 1 $1716.10
6365836353031338 $60590.00 I
3890034144200000 $5.01
0000020~81000000 -- $4361.84
0000020880000000 . $72991
$16590.00 I --
1636336~53031346 --
--t-~~?~~~~ I __ -~I
I $-166.45 !
~-------. .'j
! $-7~
I $51717.3781 ...~
: 08RDGS BLDG. PERMIT
1--------_.
08RPMF REG PK IMPA
08SCHI SCHOOL BOA
11PUDM PUD MONOTO
--------------."
08BACR BLDG. PERMIT
08APPF FIRE PLAN 8.E
- Continued.
Collier County Board of County Commissioners
CD-Plus for Windows 95/NT
Printed:11/2/2007 3:53:02 PM
,6.oendaltem t\Jc. 16015
, November 13. 2007
Page 10 of 12
Official Receipt - Collier County Board of County Commissioners
CDPR1103 - Official Receipl
-~--~-
. Post Date
I 4/27/2007
!
Trans Number
75535~,
Date
I 4/27/2007 9:28t~ AM
I Payment Slip Nbr
, PT '2006121829
Payments
Pa menl Code
CHEC~
CHEC~,
I AccounIlCheck Number
1645
102167853
l
,
Amount
$400.34
$516773.44
Total Cash $0.00
Tolal Non-Cash 173.78
Tolal Pai f$51711378
Memo:
Cashier/location: MCCAULEYKATY 1 1
User: POTTER_T
Collier County Board of County Commissioners
CD-Plus for Windows 95/NT
Printed:11/2/2007 3:53:02 PM
I iPageuI1J!Cj1
r'Jovemoer 1:5,200
Pags 11 of 1
RamseyFrank
From: MoncivaizGilbert
Sent: Wednesday, July 18,200710:34 AM
To: RamseyFrank; FleishmanPaula
Cc: DeSear Jacquelyn; MoncivaizGilbert
Subject: RE: Impact Fees
Good Day folks,
Here is the breakdown of Water and Sewer for the buildings at Heritage Bay (Affordable Housing):
According to the Master Permit (2007010818) there are 6 units greater than 1,500 sf and 4 unils between 751 &
1500. It is my underslanding thaI this master permit will apply to all buildings in this project.
According to Appendix A; "Schedule Two" in the ordinance for Water and Sewer Impact Fees:
Each unit between 751 to 1500 sf will be charged $ 2,290 for water and $2,355 for sewer (Please nole Ihat il
represenls .67 of an ERe, but $$ figures have been rounded)
Each unit over 1500 sf will be charged $3,415 for water and $3,515 for sewer
For the building the correct calculation is:
(4 x $ 2,290) + (6 x $ 3,415) = Water Impact Fees = $ 9,160 + $ 20,490 = $ 29,650
(4 x $ 2,355) + (6 x $ 3.515) = Sewer Impact Fees = $ 9,420 + $ 21,090 = $ 30,510
Total Waler and Sewer Impact Fees per buiiding are $ 60,160
,
Pai!e I of I
I,: 'i:U'
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:FI'
COLLIER COUNTY
BOARD:]F :::our~TY COMMISS:ONERS
Item Number:
Item Summary:
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Meeting Date:
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file:/ /e: \Agenda'l'cst\Export\92- Novemher%20 13.%202007\ 16_ %20CONSENTO,-o20AG EN ,.
] ]1712007
Aaenda Item [\io. 16016
..., November 13, 2007
Dags 1 of 5
~
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Leonardo Diaz Paret and Riselda Diaz Lujan
(Owners) for deferral of 100'Yo of Collier County impact fces for an owner-occupied
affordable housing unit located at Lot 117, Trail Ridge.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Leonardo Diaz Paret and Riselda Diaz Lujan
for deferral of 100% of Collier Counly 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 fill' qualified affordahle housing, Pursuant to this
program, an application for defelment was suhmitted hy Leonardo Diaz Paret and Riselda Diaz
Lujan, which application, after staff review, was determined to qualify for the program. Legal
status has heen verified and documents arc on file at the office of Housing and Human Services.
The property is located in the Trail Ridge suhdivision in Naples.
-
The ordinance requires thaI a lien agreement he 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 wilh applicanls qualifying for impact fee deferrals for affordahle
housing, which has long been the practice. The ordinance, however, gives the County Manager
discretion in whether 10 enter into the Agreement. Accordingly, in keeping with recent
discussion and direction by the Board, the County Attorney's Office has detemlined 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 $19,372.52 in impact fees. Although it is expected
that the County will ultimately collect Ihese 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 Unils for Leonardo Diaz Paret and Riselda Diaz
Lujan located at Lot 117, Trail Ridge, Naples.
~
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
Iten-: iJc :6D16
r\lovember 13, 2007
P?lg8:2 of 5
I{cturnllt
hllnklbmsry
C"lIirrCounlyllllS
33411 E.TllnlillluiTnil
'lIf1lrs. l'luriulIJ.l1 12
File# IIK-033-1 F
ThissplIrrfnrrc('(lrdillJ:
LIEN AGREEMENT FOR DEFERRAL OF lflll% OF COLLIER COUNTY IMPACT
t'EES FOIl OWNER OCCIJP\E[) AFFOR[)ABLE HOUSING DWELLING UNITS
This Agreement is entered into this l_ day of October, 2007, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Leonardo Diaz Paret and Risclda Dial,
Lujan" (OWNER). collectively staled as the "Parties."
NOW. THEREFORE. for good and valuable consideration. the receipt and suflicicnc.y of
which is mutually acknowledged, the Parties agree as follows:
I. 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 Impac.t Fcc Ordinance"
(Ordinance), In the cwnt of" any (~onnict with this Agreement. tht..' lems or the OrdinancL'
shall apply.
The leE,:<:l1 description oflhe dwelling unit is attached as Exhibit "A."
The tem1 ofthi:-; r\!,!rccmclll is frmn the date sel I"orth ano\c until the impact ree is rt..:paid,
.:1. The amount of the impucl kes J('j~~rrcd shall be paid tn the COl :NTY in full upon: HI thc
sak of the dwelling unit hllhc rciinancing of the dwelling unit: c) a los~; ol"lhl' homestead
exemption: pr d) the first occurrence of any sale or transfer of any parl of Iht, affected real
property. and in any such event the ddcrred impact fees shall hc pale! in full to the COUNTY
not later then the closin~ pI' the sale. or not later then the cfTccti\'c date of the transfer. As set
forth in Exhihit '.8." the amount or the deferred impact fees is Ninetc<:n Thousand Three
.Hundred Sl'vent\' Two _.;nld 52/UliLJ)01J.grs ($19J72.521. Repayment shall include any
accrued imercsL Interest shall be computed at the rate of five percent 1'5%,) per annum, hut in
no event shall it exceed twenty-five percent (25%) of the total f"cc amount.
5. The deferred impact fees shall he a lien on U1<"~ property described in Exhibit "/\.,'. which lien
ma) be !flrec\osed upon in the e"\'en[ or non-compliance with the Ordinance or with this
Agreement. This Agreement shall opcrmc as a lien against th(' dv,'dling unit. The lien shall
terminate upon the recording or a release or satisfaction of lien in the punlic records of Ihe
County, The dei'crrals of impact fees and this Agreement shall run "\vlth lhe land, and neither
the deferred impact fees nor Ihi~; Agreemenl shall he transferred. .L<;signcd, or otherv..'isc
conveyed. Lxcept as provided hy ]<:1\\, regardless of any foreci{lSUrC on the first mnng<lgc or
other security interest. this lien sh:ill otherwise he supl.:rior and pararnounl to till.: interest in
the dwelling unit of an)' owner. lessee. tenanL mortgagee. or other person, except that this
li<..:n shall he on parity with any lien for County taxes.
6. Upon the salisb.ctory 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 Of this Agreement. and the dcfllUlt
is not cured within 30 days aftcr \vritten notice is provided to the O\VNER, the COUNTY
;:E~,'. i<C.
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:'JC:\"3:'::L'<::;: ';
20
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rml~. LIt its ~(l1c Upll(lIl. collect lhe impact f("~ amount in dd~lUl1 us ~l't fonh in the (JnJinam;c.
or brinl-!;J ,..iyil :lctiof] to cl1i~m..~l: till." A.i.-'fl'cm:.:nL PI' Jccbrc that the dckrrcd impact fees arc
then in ddimlt ;me! imnledi;ltcly due and pil\'abk. The COt 'I'<TY :,l1aI111(.' entitled to recover
all fees and costs. including attorney"" let' and costs. inCutTCd hy the COUNT'Y in enforcing
this Agreement. plus interest at the then maximum statu!ory fute for judgments calculated nn
a calendar year hasis until paid.
8. This Agreement is the sole agreement hetween the parties with respect to the subject mlJtter
herein. and shall he bmding upon the {)~'NER'S successors and assigns in interest.
4. This Agrccmcl1! shj)ll he recorded in the l,fficial records of the Couilty at no cost In the
COUNTY.
IN \VITNESS WHEREOF, thl' Parties have executed this Agreement on the dale und year first
above writt::...n.
Attest:
OWI(;I]T F BROCK. Clerk
HllA]m OF cm I'iTY COMMISSIONERS
C(ll.l.IFR COI.NTY. FI.ORIIlA.
By:
By:
. Deput: ('Ierk
.1,\'11" ('01.11.1 A. CI ],~]RMAN
OWNLR:
V/itnesses:
.','
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!'rim Namc--,-__~~;_,,~:_-i._L:
!.eonardn Diu;.' Parel
OWNER:
Witncsse:-;:
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r~cf~' Diaz l~~l~~~~~-
STAn: 0111 .ORlllA I
('(J\ll'TY OF COILlFRj
The j()fcguing Agreement was aekHowkJgcd he fore me tll!." ____ day {d _______.~
':::007. by__________ who i~ personally knowl1 to mL' nr hus produccd
us proo/'ofiJel1lily.
f!W'Nmf:il:C'i;E>\Ij"'N.
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'1-.'..';
Signature or PerSOll lakinl-! Acknowledgmcnl
',--^^^'J',t'"",, ~',
".1'_.,........,."'./
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AppTO~'ed ,ashq ~)l-,
;.md l~f~~rClencv:
/" . 'f' .
. t-~,,~l~i
Jat-~-~y~A. KI4t~~;
Chief AsSistant Count\ /\ttonll')
'1 .
Rccom1l1t.::tld Approval:
Mare)' Krumhitl~. MI'^
Din:dOl
Collier Counly Housinl,'. and Human Services
"
EXHIBIT ~'A"
L1cGAL nESCRll'TION
Lot 117. Trail Rjd~c, according to the plat thereof,
as recorded in Plat Rook 44, Pages 71 through 77,
inclusive, of the Public Records ufColIier Count}'. Florida.
EXHIBIT "B"
IMPACT FEE llREAKDOWN
Type ofJmpact Fec
A. EMS Impact Fee
B. Correctional Facilities Impact Fcc
C. LibrJry Impact Fec
D. Community Parks Impact Fcc
E. Regional Parks Impact Fec
F. Educational Facilities System Impact Fee
Ci. Road Impact Fce
H. Govcmmcnt Buildings Impact Fce
I. Law Enforcement impact Fcc
J. Water Impact Fec
K. Sewer Impact Fee
TOTAL IMPACT FEES
JAK ApPHlvcd ~)_~:'__
Agenda 11em No. 16016
November 13. 2007
Page 4 of 5
Amount Owed
$100.59
$6".14
$368.18
$750.00
$1.659.00
$",86".00
$6.059.00
$410.00
$171.6]
$3.415.00
$3,515.00
$19,372.52
Pag.e
COLLIER COlJl'iTY
BCJMW OF CDUNTY COMr\~ISSI()t\Er;s
IlemNumber:
lIemSummary:
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Apllr(,ved By
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HOu~'n\-1 S ,luman Serv,ce,
Iti,'2:1;2C(;7:,'Of\I.","
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filc:/IC: \AgendaT est\Export\92- November%20 13,%202007\ 16, o/02.0CONSENT%20AGEN.
] ]!7/200J
,olqenda Item No. 16017
~ November 13. 2007
Page 1 of 11
---
EXECUTIVE SUMMARY
Recommendation to approve and authorize the chairman to sign an
agreement between Collier County Parks and Recreation and the Early
Learning Coalition and to authorize the Director of Parks and Recreation to
sign in subsequent years
Oblective: To provide high-quality, low-cosl childcare.
Co"siderations: Each year the Parks and Recreation Department has accepled
reimbursemenls from Childcare of Southwest Florida for qualified children attending our
after school and 'summer camp programs.
Recently this service has been taken over by the Early Learning Coalition of Southwest
Florida who is requesting a signed agreement between our two organizations. This
agreement would apply to Gur preschool program as well as our summer camp and after
school program,
---
The 'term of this agreement is for one year. At the present time only four sites will be
participating in this program; Immokalee Community Park. Vineyards Community Park,
East Naples Community Park and Golden Gale Community Center. Others may be added
throughout the year as the need arises.
Fiscal Impact: Anticipaled yearly funding in the form of reimbursed revenues has
typically been around $60,000 for the department. These dollars are distributed 10 the
cost center 10 which the children attended prograni.s and are included in the FYOS adopted
budget.
Le~al Consideration: The proposed agreemenl was reviewed by the Office of the
County Attorney and approved for legal sufficiency.
GrOWth Manaaement Impact: No Growth Managemenl Impact is associated with
this action.
Reoommendatlon: That the Board of County Commissioners approve and aulhorize
Ihe chairman to sign an agreement belween Collier County Parks and Recreation and the
Early Learning Coalition and to authorize the Direclor of Parks and Recreation to sign in
subsequenl years
PreDared Bv: Shari Ferguson. Regional Manager, Parks and Recreation Department
~
l-
~"
Item l\Jc 16D17
t~ove:T;ber :3, 2007
2 of '1
SOUTHWEST
FlORIDA
EARLY LEARNING COALITION
2006-07
PROVIDER AGREEMENT FOR SCHOOL READINESS SERVICES
I. Parties
1.) This agreement is made and entered into this day of , 2007 by and between the Early Learning
Coalition of Southwest Florida Inc. with it's principal office located at 12651 McGregor Blvd., Suite 4-402, Fort Myers,
Florida (hereinafter referred to as the "Coalition") and , (child care provider)
with principal offices located at . (hereinafter known as
"Provider").
II. General:
2.) The Florida Legislature designated the Agency for Workforce InnovatiDn (AWl) as the Lead Agency fDr Child Care
Development Funds provided through 45 CFR98 which includes funds fDr School Readiness and ResDurce and Referral
Programs. The legislature also created the formation of Early Learning Coalitions to administer the School Readiness
funds to serve their local communities. The COALmON Is the authorized entity fDr the administration of School
Readiness services in Collier, Glades, Hendry and Lee Counties.
3.) The COALmON has prescribed the use of this agreement for approving providers for the provision of school
readiness services in Collier, Hendry, Glades and Lee counties. The COALITION has designated Child Care of Southwest
Florida Inc. (CCSWFL) as the agency to implement the program requirements.
4.) The COALmON and the PROVIDER understand that there may be a need to revise the terms and conditions of this
agreement in the event of any legislative or funding changes.
5.) The PROVIDER must complete and sign a new agreement each year to remain eligible to deliver the school readiness
program.
6.) The PROVIDER agrees to tell the truth on all information. PROVIDER acknowledges that providing information in
order to obtain benefits, payments or reimbursement to which they are not entitled, or to increase the benefits, payments
or reimbursements, is guilty of unlawful behaviDr. If YDU knowingly provide false Information, omit requested
informatiDn, sign inaccurate attendance documents or fail to promptly report changes which would directly affect your
eligibility as a school readiness provider, then you can be required tD pay back unauthDrized subsidy payments, denied
further participation in the program and/or referred to the Florida Department Df Law Enforcement, Public Assistance
Fraud Division fDr further investigation.
III. Provider Eligibility:
7.) The PROVIDER certifies that they are either a licensed or registered child care provider pursuant tD Chapter 402.301-
319 FIDrida Statutes; religiDus exempt faith based provider pursuant to ss 402.316 F5.; or public or private schoDI
provider pursuant to ss 402.305, FIDrida Statutes.
8.) The PROVIDER agrees that all child care personnel and teachers are of gODd mDral character and in cDmpliance with
Level 2 background screening requirements pursuant tD Chapter 435.04 F.5.. At a minimum, each child care persDnnel
file must contain the following:
c Affidavit of Good Moral Character (required annually)
o Proof Df FDLE clearance (every 5 years)
o Proof of FBI clearance
o Proof Df LDcal Law Check Clearance
2006-06 ELC-SWF School Readiness Provider Agreement
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9.) The COALmON has reviewed the provider's information and determined that the provider is eligible tID'e!!lWepth"\!1
School Readiness Program.
IV. Provider Responsibility to Parents:
10.) Parental Access/Workino Teleahone: - The PROVIDER agrees that federal and state laws mandate that a parent has
the right of unlimited access to their child during regular business hours and any time their child is in care. PROVIDER
agrees to have a working telephone available to make or receive telephone calls when children are in care.
11.) Parent's Rioht to oet a coav of records: The PROVIDER agrees that parents have the right to see their child's
records and, upon request, will be given copies of their child's records.
12.) Parental Notification: The PROVIDER understands that CCSWFL or ELC-SWF may exercise its right to notify families if
PROVIDER has not maintained the standards set forth by the Early Learning Coalition of Southwest Florida, or been the
subject of administrative sanctions by the Department of Children and Families or the accrediting agency responsible for
my accreditation standing.
13.) Parental Choice: The PROVIDER understands and agrees that the parent has a choice of child care providers. In the
event the parent chooses to move to a different child care provider, it is within their prerogative to do so. If the client
has failed to make the required parent co-payments to the PROVIDER, then the PROVIDER is obligated to report this
promptly to the eligibility office.
14.) Service Need: The PROVIDER has a responsibility to observe the child and family daily to determine if services may
be needed. The PROVIDER is required under Chapter 39, FS to report any concerns of possible abuse or neglect of
children. In addition, the PROVIDER must use the daily opportunity to assess if the family is in need of economic,
medical, financial, social, psychological, developmental, vocational, therapeutic, health, transportation or other related
services. PROVIDERS agree to assist families in locating services which may help them or their children.
V. Student Eligibility, Enrollment and Attendance
15.) Enrollment Policv: PROVIDER agrees not to enroll any child with the expectation of receiving reimbursement
without prior written authorization by a representative of Child Care of Southwest Florida, the agency authorized by the
COALmON to administer school readiness funding. PROVIDER understands that if child care services are provided
without proper authorization, those services will not be eligible for reimbursement.
16.) Child Elioibilitv Status: PROVIDER agrees that payments will only be paid for children eligible for services. The
ending date of eligibility is identified at the top right hand corner of the Child Care Certificate. PROVIDER understands
that no payments will be made after that date unless the child's continued eligibility has been established by CCSWFL
17.) Attendance Records: The PROVIDER agrees to maintain daily sign In/sign out sheets and submit accurate
attendance reports monthly of all children who attend my facility and accurately identify absences. PROVIDER agrees to
submit reimbursement report in accordance with CCSWFL instructions and understands the CCSWFL will pay up to 3
absences per child per calendar month. PROVIDER understands that providing false information regarding a child's
attendance will result in repayment requirements. Each attendance sheet must be signed, in blue or black ink, at the
"authorized signature" section in the bottom right hand corner.
18.) Attendance Audits: The PROVIDER agrees to record each child's attendance record daily and keep an attendance
record on file at facility. PROVIDER understands that the COALmON or designee CCSWFL may audit attendance records
at any time. Records that fail to substantiate the reimbursement claim files at CCSWFL will automatically result a
disallowed subsidy payment. Disallowed payments may be deducted from any forthcoming reimbursement payment
19.) Unexcused Absences: The PROVIDER agrees to promptly notify Child Care of Southwest Florida of excessive
unexcused absences of any child school readiness child enrolled.
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20.) Rilva Wilson Act -
t~oVelTlDer 13_ 200
Pagt 4 of 1
. Each child who is subject to this iaw must participate in licensed early education or childcare services at ieast 5
days a week, unless exempted by the court. It is recommended that at-risk children referred for school readiness
services are in care at least 6 hours per day.
. The Children's Network of Southwest Florida or the Department of Children and Families must notify the operator
of a licensed childcare program whenever a child who is subject to this law is enrolled in the program. Children
who are subject to this law cannot be withdrawn from the program without the prior written approval of the
responsible agency.
. If a child who is subject to the law is absent from the program on a day when he or she is expected to be
present, the person with whom the child resides must report the absence to the program by the end of the
business day. If the parent or caregiver fails to report the absence in a timely manner, the absence is considered
unexcused.
. The PROVIDER agrees to notify the responsible caseworker or agency identified on the childcare referral form, of
the absence of any child who is under their supervision. It must be reported as an excused or unexcused absence
by the close of business the day following the child's absence.
VI. Compensation and Funding:
21.) Reimbursement Rate: PROVIDER agrees the amount of child care reimbursement to be paid for each child is limited
and may differ for individual children. The maximum actual amount of reimbursement to be paid for a specific child will
be based on the provider rate schedule for each fiscal year, beginning July 1 until June 30 of following year, as approved
by the Early Learning Coalition of Southwest Florida (ELC-SWF).
22.) Rate Restrictions: PROVIDER agrees to provide Child Care of Southwest Florida (CCSWFL) with information
concerning the normal child care rates charged to parents by the provider. PROVIDER agrees not to charge either
CCSWFL or the parent receiving school readiness, a higher rate than charged to other parents. PROVIDER understands
they may charge the parent a differential rate if the normal rate charged private families is higher than the
reimbursement rate paid by CCSWFL.
23.) Reoortinq Chanqes: PROVIDER agrees to promptly report all changes such as location or ownership, etc. to CCSWFL
prior to the change. PROVIDER understands that failure to give proper notification could result in a delay of
reimbursement. PROVIDER understands reimbursement is not transferable and non-assignable.
24.) Holidavs and C1osinqs: PROVIDER agrees to identify up to twelve (12) scheduled holidays in which child care will not
be provided. The Coalition agrees to provide compensation on those days for qualified children.
25.) Fee Coliection: PROVIDER understands they are responsible for collecting and reporting any fee from the parent that
is designated by CCSWFL to be paid by the parent. This designated fee is automatically deducted from the monthly
reimbursement payment. PROVIDER agrees to give the parent or responsible adult a receipt, including the dates of
services covered, for fees as they are paid. PROVIDER understands that if a parent does not pay his/her parent fee,
PROVIDER must notify CCSWFL within 30 days and PROVIDER has the option to request services be immediately
terminated. If a parent leaves PROVIDER'S program owing a fee, and the parent and PROVIDER mutually agrees to a
payment schedule, PROVIDER will apprise CCSWFL of the parent's compliance with this arrangement.
26.) Reimbursement Pavments: PROVIDER agrees to submit all required attendance documents to CCSWFL no later than
the third (3rd) business day of each month. A drop box and fax machine are available for this purpose as well as regular
US mail. PROVIDER understands that payment for services will be received the end of each month. Any attendance
sheet rosters submitted after the 3rd business day will be processed the next reimbursement month.
27.) Reimbursement Reoort: PROVIDER agrees all attendance documentation submitted for reimbursement will be
accurate and supported by the parent's signature on the sign in sheets.
28.) Reconcilinq Reimbursement Pavments: The PROVIDER agrees to review the reimbursement summary provided by
the CCSWFL fiscal staff each month with the reimbursement check. PROVIDER agrees to report any discrepancy or
2006-06 ELC-SWF School Readiness Provider Agreement
3
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underpayment within 30 days from the date the reimbursement was deposited or mailed. Any underpaymeat;;Brepltirted
after 30 days will not be honored.
29.) Access to Records: The PROVIDER agrees to keep and maintain all records and forms on site, including enrollment
and attendance records for subsidy children, and reimbursement summaries and other fiscal records for a period of no
less than one (1) year.
30.) SusDenslon of Pavment: The PROVIDER understands that if an action is taken against PROVIDER'S license or
accreditation, such as denial, revocation or suspension; or DCF issues a notice to cease operations; or ELC-SWF/CCWSFL
determines the provider is out of compliance with the requirements set forth in this agreement, ELC-5WF or CCSWFL may
suspend School Readiness Funds to PROVIDER'S program even if PROVIDER appeals the action. Upon resolution, a
decision will be made by COALmON regarding continued participation In the Early Learning program.
31.) Reimbursement Requirements: The PROVIDER agrees to follow all payment procedures adopted by the COALITION
and/or mandated by the Agency for Workforce Innovation. The PROVIDER agrees to return any funds received as a
result of error or overpayment to the COALITION.
VII. Program Requirements
32.) The PROVIDER agrees to meet all requirements of the School Readiness program which are set forth in 45CFR98
(Code of Federal Regulations), Chapter 402.25 and Chapter 411.01 of the Florida Statutes, and Rule 60BB-4 of the Florida
Administrative Code.
33.) The PROVIDER understands that they may organize their classrooms and activities as they deem appropriate.
34.) For Proarams Servina Children Birth to Five Years, the PROVIDER agrees to meet the following standards
consistent with the requirements and goals of the school readiness program.
Curriculum and Learninq Environment
. PROVIDER'S program has clear, written goals for the children which are consistent with the
Florida School Readiness Performance Standards for children Birth to Three and Three to Five.
. PROVIDER'S program is Inclusive of children with special needs and supports the development
and individual needs of all children. PROVIDER will document daily planning with written
activities for each day.
. PROVIDER uses a curriculum which is research-based, developmentally appropriate, includes a
character development component and reflects the Florida School Readiness Performance
Standards for children Birth to Three and Three to Five.
. PROVIDER posts daily schedule for preschool children that includes, at the minimum, the
following:
o One hour of uninterrupted child-Initiated choice time between 9:00 am and Noon to
include the following learning areas: Blocks, Dramatic Play, Art, Music, Discovery,
Table Toys, Library, Writing and Sensory Motor (sand and water)
o Small group, teacher-directed activity
c Literacy activities and reading to children a total minimum of 30 minutes per day
o Music activities each day
o Outside activities for a minimum of 30 minutes twice a day, depending on length of
day and weather permitting, as age appropriate
PROVIDER posts daily schedule for infants, toddlers, and young two's children that includes, at
the minimum, the follOWing:
o Infants are fed and diapered according to their needs and not a class schedule.
o Infants and toddlers are free to move around the indoor play area.
o Infants are not kept in cribs when awake.
2006-06 ELC-SWF School Readiness Provider Agreement
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Infants are not kept in high chairs, playpens or bucket seat tables forllGl1!l"lielibills of
time.
Infants are given floor time with staff who encourage gross motor activities on daily
basis.
Infants and toddlers have access to materials that support their fine motor
development.
Flexible schedule and planned activities provide a balance of active and quiet time,
indoors and out, and experiences that include: sensory, language and motor
development.
Varieties of musical activities are offered including classical music exposure.
Sensory/process oriented "art" activities available for toddlers and two's.
Children are read to individually or in very small groups, for short periods of time
each day.
o
o
o
35.) For Proarams Servina School Aae. the PROVIDER agrees to meet the following standards consistent with
the requirements and goals of the school readiness program.
Proqram Structure/ Activities
. PROVIDER prepares a daily schedule that is flexible, with children transitioning smoqthly from
one activity to another at their own pace or as a group.
. PROVIDER utilizes a wide variety of indoor and outdoor activities for children and youth to
choose from that provide social, recreational, and educational opportunities.
. PROVIDER utilizes a developmentally appropriate curriculum with activities that reflect the
mission of the program.
. PROVIDER includes a sufficient amount of materials that are accessible and in good working
order for the number of children in the program.
Indoor/Outdoor Environment
. PROVIDER ensures indoor and outdoor space is sufficient to meet the needs of children and
youth in the program.
. PROVIDER maintains equipment and materials that allow children and youth to be independent
and creative and to explore their interests.
VIII. Professional Development
36.) FAMILY CHILD CARE PROVIDERS who serve children aqes birth to five vears or older, whether licensed
or registered, agree to be in compliance with the educational and other requirements of Section 402.313, F.5.
and Rule 65C-20, F.A.C. Professional Requirements are as follows:
o 30-c1ock-hour Family Child Care Home training
o 5-clock-hour (or .5 Continue Education Units) Earlv Literacv and Lanquaqe Development
c 10-clock-hours of in-service training (annually)
c First Aid and Infant & Child Cardiopulmonary Resuscitation (CPR) training
37.) CHILD CARE CENTER PROVIDERS, whether licensed, religiously exempt facilities, public or private
schools, carinq for children from birth to S vears of aqe; agree to be in compliance with the following professional
development requirements:
o 40-hour Child Care Training
o lO-hour in-service training (each year)
o 5-hour Literacy Training
2006-06 ELC-SWF School Readiness Provider Agreement
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One CDA-Certified Teacher per 20 Children (NatiDnal Dr FIDrida State CDA; Dr Christianll'il;lUivalericy)
DirectDr has the DirectDrs Credential
38.) CHILD CARE CENTER PROVIDERS, whether licensed, religiDusly exempt facilities, public Dr private
SChDDls, caring fDr schDDI-age children from 5 years Df age and Dlder, agree tD be in compliance with the
fDIIDwing professiDnal develDpment requirements:
o 40-hDur Child Care Training
o 10-hDur in-service training (each year)
o DirectDr has the DirectDrs Credential
IX. Assessments and Screening of Children Birth To Five
39.) The PROVIDER agrees tD utilize Ages and Stages screening tDDI (questiDnnaire), Dn all children ages 0 tD 5,
Dn a scheduled basis. Training and infDrmatiDn Dn the use Df the tDDI is provided by Child Care Df SDuthwest
FIDrida, Inc.
40.) The PROVIDER agrees tD utilize the CDalitiDn-approved Creative Curriculum.Net assessment tDDI fDr 4 and 5
year Dlds, which is aligned with the FIDrida SchDDI Readiness PerfDrmance Standards 3-5. Training and
infDrmatiDn Dn the use Df the tDDI is provided by Child Care Df SDuthwest FIDrida, Inc.
41.) The PROVIDER agrees tD utilize the CDalitiDn-approved Creative Curriculum. Net assessment tDDI for children
0-3 years Df age, when they becDme available through the COALTTlON. (TBA)
42.) The PROVIDER agrees tD submit screening and assessment results in a timely fashiDn and provider will
retain copies.
X. Family Involvement and Cultural Continuity
43.) The PROVIDER agrees that teachers and child care staff will wDrk clDsely with families in partnership tD
ensure high quality care and educatiDn fDr children.
44) The PROVIDER agrees tD help parents feel suppDrted and welcomed as Dbservers and contributDrs tD the
. prDgram by encDuraging family members tD visit the program and become invDlved through vDlunteering.
45.) The PROVIDER agrees tD provide prDgrams that respect the cultural heritage and beliefs Df children and
their families.
46.) The PROVIDER agrees tD provide new and prospective families with a parent handbDDk or infDrmatiDnal
materials that include, at a minimum, an attendance pDlicy and a discipline policy. The PROVIDER agrees to have
an "open dDDr" policy fDr families
47.) The PROVIDER will utilize newsletters, notes, or bulletin boards to share program infDrmation and to
communicate information about the children's well.being.
48.) The PROVIDER agrees to help build links to families and the community through resources, Dutreach, and
community involvement.
XI. Healthful and Safe Environment
49.) The PROVIDER agrees tD serve meals and/or snacks which are nutritiDus, including infant fDrmula if
applicable; and parents are given nutritiDn infDrmation for preparing meals, snacks, and infant fDrmula.
50.) The PROVIDER agrees tD participate In the provision of visiDn and hearing screening fDr children ages 2.5
years Df age, which is Dffered through the Early Learning CDalition of Southwest FIDrida. VisiDn and hearing
screenings will be Dffered to children ages 0-2 years as requested by the provider or the parent.
2006-06 ELC-SWF School Readiness Provider Agreement
6
Acenda IIen-: t'J:> 16017
~ t'~ovember ;.3. 2007
51.) The PROVIDER agrees to ensure that immunizations and physicals are current and up to date';flJrE;aH <chndren
in their care. The PROVIDER agrees to protect and enhance the health of all children and youth.
52.) The PROVIDER agrees to have and follow a written medication policy.
53.) The PROVIDER agrees to utilize the Health Services offered by the COALITION for staff/parent training for
special medical needs.
54.) The PROVIDER agrees to have at least one staff member certified in CPR and First Aid on site at all times.
55.) The PROVIDER agrees to develop and implement on a daily basis a Safety Checklist to protect children from
potential indoor and outdoor hazards.
56.) The PROVIDER will provide healthy foods and ensure drinking water is readily available at all times.
57.) The PROVIDER requires frequent hand washing of staff and children, especially after using the toilet and
immediately prior to meals and snacks.
58.) IF the PROVIDER is:
. A state licensed child care center, the PROVIDER agrees to comply with all requirements of 65C-
22, F.A.C. and Chapter 402.302-319 Florida Statutes.
. Religiously exempt from licensure under ss. 402.316, F.5., or is a public or non-public school
under ss. 402.3025, F.S., the PROVIDER agrees to comply with the health and safety standards
set forth in ss. 402.302-319 F.5. and 65C-22, F.A.C, with the exception of 65C-22.001 (1) and (2)
(a), FAC which require licensure.
. A large, licensed, or registered family child care home or informal provider, the PROVIDER agrees
to comply with the health and safety standards of Chapter 402.302-319 Florida Statutes and Rule
65C-20, FAC. Registered Family Child Care homes unable to meet licensure due to the fence
requirement, will be assessed for safety and provided technical assistance through the Coalition.
(Copies of these requirements may be found on the following website: Mvflorida.com/childcare. In addition,
School Readiness providers will be provided copies upon request)
XII. Social and Emotional Development
59.) The PROVIDER agrees to provide a positive discipline policy that promotes responsibility and self control of
children. The PROVIDER agrees to ensure staff utilizes positive discipline methods that promote responsibility
and self-control of children and do not hurt, humiliate or frighten children.
60.) The PROVIDER agrees to strive to provide low teacher-to-child ratios to meet the individual needs of all
children.
61.) The PROVIDER agrees to engage with all children and youth in positive and respectful ways, through
listening, acceptance, and appreciation.
62.) The PROVIDER agrees to respond appropriately to the individual needs of children and youth, recognizing
their special interests, feelings, abilities, and cultures. The PROVIDER agrees to encourage children and youth to
take initiative, make choices, and be responsible.
63.) The PROVIDER agrees to interact with children and youth, varying approaches to help children and youth
learn to think for themselves, share problem-solving skills, and use language skills through frequent conversation.
64.) PROVIDER agrees to use positive techniques to guide the behavior of children and youth by setting
appropriate limits and encouraging children and youth to resolve their own conflicts. The PROVIDER agrees to
promote warm and responsive staff interaction.
2006-06 ELC-SWF School Readiness Provider Agreement 7
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t~ovslllb'En 1~;, 20 I'
Page S: of
65.) PROVIDER agrees to provide opportunities for children and youth, staff, and families to interact with each
other in positive ways. PROVIDER agrees to work well with children and youth, and family through cooperative,
respectful, and positive relationships.
XIII. Community Partnerships
66.) The PROVIDER agrees to utiiize and link with public and private partners in early care and education
resources in the community to enhance quality.
67.) The PROVIDER agrees to partiCipate in the provision of vision, hearing, social and emotional development,
and health issues through linkages with community partner agencies.
XIV. Administration
68.) The PROVIDER agrees to maintain accurate attendance records and sign In sheets for a minimum of one
year. The PROVIDER agrees to submit reimbursement requests promptly that are supported by monthly
attendance sheets.
69.) The PROVIDER agrees to maintain daily sign-in and sign-out sheets which reflect the child's time of arrival
and departure and a responsible individual's signature for each child in a family.
70.) The PROVIDER agrees that records are maintained for audit purposes.
71.) The PROVIDER agrees to complete and submit an annual ELCSWF/CCSWFL program self. assessment.
XV. Compliance Verification
72.) The PROVIDER agrees to permit the COALmON or it's designee, Child Care of Southwest Florida, or the
Agency for Workforce Innovation to enter the PROVIDER'S facility during hours of operation to verify the
PROVIDER'S compliance with this agreement and school readiness program set forth in federal and state laws
identified in this document, as well as the rules and regulations set forth by the Agency for Workforce Innovation,
the Early Learning Coalition of Southwest Florida and this agreement. This paragraph does not authorize the
Coalition to enforce licensing requirements under section 402.302 - 402.319 FS or impose any requirements
beyond this Agreement.
73.) The PROVIDER agrees to allow the COALmON or its designee, Child Care of Southwest Florida, or the
Agency for Workforce Innovation, to inspect and copy the records maintained by the provider concerning the
school readiness program.
74.) If the PROVIDER fails to comply with all terms or conditions of this Agreement or with all the requirements of
the School Readiness legislation as set forth in Federal Code, Florida Statutes, state rules and procedures of the
COALmON and the Agency of Workforce Innovation, the COALmON shall notify the PROVIDER in writing and
give the PROVIDER a period of at least 10 business days to comply. If the PROVIDER does not comply within the
period given, the COALmON may terminate this Agreement.
XVI. Nondiscrimination
75.) The provider understands that they may not discriminate against a parent or child, including the refusal to
admit a child for enrollment, on the grounds of race, color or national origin.
XVIII. Termination:
76.) The PROVIDER and the COALmON may agree to terminate this agreement by mutual consent. Notice of
termination must be given, and alternative arrangements for uninterrupted services shall be made for School
Readiness Children, at least 30 calendar days before the termination date.
2006-06 ELC-SWF School Readiness Provider Agreement
8
AJsnGs !ten: Nc 16D
,~ t-,lovemberI3.20
Page lCl of
XVIV. Dispute Resolution
77.) The PROVIDER understands they have the right to appeal any issues of dispute. They must first attempt
resolution with CC5WFL managenjent staff. If the outcome is not in favor of the complainant, then the issue may
be raised to the Early Learning Caalition of Southwest Florida's Executive Director for review. [n the event, the
PROVIDER is still dissatisfied; a written request for hearing must be made to the Early Learning Coalition of
Southwest Florida. the procedures outlined in polices # ELC5WF-EL0013-06 "Complaint and Dispute Resolution"
and ELCSWF-EL00l5 "Appeals and Hearings" will be followed.
, ,
XX. COALITION Responsibilities
78.) [nany case where there is sufficient reason to believe that this or any other information submitted is with
the intent to be frauduient, the matter will be referred to the Florida Department of Law Enforcement for further
investigation.
79.) The Coalition expects the PROVIDER to participate in making these standards a part of the daily program.
The COAUTION willlprovide assistance to any provider who would like more information or heip in meeting these
standards. Monitoring staff willlod>k to ensure that your program incorporates all of these very important
elements, and will offer technical assistance as needed or requested.
80.) l!he Early Learning Coalitio~ of Southwest Florida supports all licensed and license-exempt, public and
private centers; and ,family child care homes in the provision of quality school readiness services. To that end,
the Early Learning Coalition of So~thwest Florida will provide, as funding is available, training, technical
assistance, scholarships, mini-grants, and program resources such as books, toys, materials, curriculum,
management resour(:es etc., to support quality efforts for all School Readiness providers.
81.) Persons authorized by the Coalition will be able to visit the program to ensure standards are met. If any
provider is unable td meet andjormaintain these standards, technical assistance will be provided. If after
technicai assistance efforts have been made, the Coalition will provide a corrective action pian to identify the
areas of non-compli~nce as well as the measures for corrective action. Depending on the degree of non-
compliance, the tim~line for corrective action may extend to 60 days.
The PIlOVIDER hereby signs this Agreement to be executed as of the date set forth in Paragraph 1
Signature of Director/Operator/Principal or Authorized Representative
Date
Print Name
Tit]e
The COALmON hereby sign~ this Agreement to be executed as of the date set forth in Paragraph 1
Signaturre of Coalition Executive Director or Authorized Representative
Date
Print Name
Title
r,': '" '0"" & legal :mm~:<mo:r
2006-06 ELC-SWF School Readiness Provider Agreemeht
~ Ascildant County Attorney
9
_~_-----1
,
,
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Page I or 1
!1 {, ~T
COLLIER COUNTY
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Agenda Item No. 16018
November 13, 2007
Page 1 of 32
EXECUTIVE SUMMARY
Recommendation to approve the submittal of the attached University of
Florida Family Nutrition Program grant in the amount of $208,895 to provide
nutrition education throughout Collier County.
OBJECTIVE: To receive approval from the Board of County Commissioners to
submit a Family Nutrition Program (FNP) grant application to the University of
Florida to enable the Collier County University Extension Department Family and
Consumer Science Nutrition program to provide outreach nutrition education to
citizens by leveraging existing resources.
CONSIDERATION: The Family Nutrition Program (FNP) is a nutrition outreach
education program for families and individuals on a limited budget administered
by the University of Florida. The goals of the Family Nutrition Program include:
increasing the nutrition security of Florida families; providing practical programs
about general nutrition, food selection, food safety and sanitation; to increase
client knowledge of nutritional meal planning and preparation.
~
The $208,895 grant requires no cash match however, existing Collier County and
Collier School District resources, such as office space and staff time will be
leveraged to provide an in-kind match. If funded, the county will receive high
quality nutrition outreach education via proper nutrition, food safety and food
resource management programming for low-income citizens.
FISCAL IMPACT: Should funding be secured the Collier County University
Extension Department will receive $208,895 for nutritional education outreach in
the community. A match in the amount of approximately $262,621 will be
provided through in-kind resources from the County and School District It is
estimated that approximately $109,621 of this in-kind match will be provided by
Collier County's Health Department, Housing & Human Services Department,
Library Services, and Parks & Recreation Department using existing resources.
The remaining $153,000 of in-kind match will be provided by the Collier County
School District
GROWTH MANAGEMENT IMPACT: No growth management impact is
associated with this action.
RECOMMENDATION: Recommendation to approve the submittal of the
attached University of Florida Family Nutrition Program grant in the amount of
$208,895 and authorize department directors in appropriate departments to sign
in-kind commitment letters to meet the matching requirements.
-.
Prepared by: Kelly Robinson, Family & Consumer Science, University Extension
Service
/~genda Item No. 16018
November 13. 2007
F'age 2 of 32
Agenda item No, 16D18
November '13 2007
FORM 1 PAGEPl3gf,2DJf 32
Nutrition Education Plan
Section A. Identifying and Understanding the Target Audience
Needs Assessment Methodology & Findings
Needs Assessment MethodoloQv
In Collier County educational needs, geographic targets and programming decisions
were determined by looking at various local, state and national data sources
Input was obtained from the following sources:
1. Collier Health Promotion Coalition a group of health professionals from a cross-
section of the community.
2. The University of Florida, Lastinger Center for Learning. A Stud v of Child Well-
beino in Collier Countv. 2006
3. Florida Department of Health data on exercise and eating habits found at:
( http://www.floridacharts.com/cha rtsl ch art. a spx)
4. Collier County School District, Food Services and Health and Physical Education
Departments provided information on needs for nutrition education.
5. Collier County Parks and Recreation provided information regarding the lack of
nutrition education and economic status of participants.
6. Collier County Housing and Human Services provided data on seniors living in
poverty and nutrition habits of seniors.
7. USDA Food and Nutrition Services September 2006 Nutrition Assistance
Program Report Series. Characteristic of Food Stamp Households Source:
http://www . fns. usda .oovloane/M EN U/Publ ished/FS P IF I L ES/Participation/2005Ch
aracteristics.pdf retrieved Julv 12, 2007
8. Child and Family Services Families ACCESS Program Office staff provided local
food stamp knowledge and refugee data in particular.
9. Food Stamp Machine data which highlights the number of food stamp recipients
in each county.
10. Greater Immokalee Front Porch Community for income data on the south side of
Immokalee.
Needs Assessment FindinQs
1. Demographic Characteristics of Food Stamp Program Eligibles in Collier
County
Collier County is a fast growing county. The population has grown over 50% in the last
decade. There are large numbers of Immigrants from Mexico, Latin America, and Haiti.
The growing Hispanic community makes up 20.5% of the population and accounts for
32% of the children. Many of those families are first generation immigrants who speak
only their native tongue. Collier is considered a wealthy county with the 3rd highest per
capita income in the state. The income diversity is apparent with coastal neighborhoods
having extreme wealth, a shrinking middle class, and then are pockets of extreme
1
.Aaenda Item No. 16D18
~ November 13, 2007
FORM 1 PAGE~9t290f 32
poverty in the ethnic and rural communities. Residents of Immokalee have a median
income of just over $25,000, the Golden Gate City median is $43,800; Greater Naples,
$53,500, and Marco Island, $59,600.
Almost half of Immokalee's permanent residents live in poverty, and 25% of them
have no high school education. Single-parent families make up 20% of the
Immokalee and 12% of Golden Gate communities respectively.
County "FIPSTXT" Number FSP Amt of Amt of Per Per Capita
Name in Participation FSP TANF Capita FSP
Poverty Benefit Benefit Poverty Participation
(1000s) (lOOOs)
Collier 1!120211! $ $ 10% 2%
County 25,449 6,080 5,711.00 1,766.00
Florida c $ Florida
.,
1,952,629 892,561 800,026.00 337,719.00
,)~()urcc:Departmcnt qlChildrcl1 and Families ACCESS Program Office
:lOOn Food .')'ramr Data
According to The University of Florida, Lastinger Center for Learning Study of Child
Well-beino in Collier County, The St Mathews House, which is an emergency shelter in
Naples, served 10,000 meals a month and fed 13,000 families and disabled individuals
in Fiscal Year 2005. The Immokalee Friendship House took in over 1,300 individuals
and families and served over 30,000 meals in 2005. The Immokalee Guadalupe Soup
Kitchen served approximately 25,000 meals in 2005.
Demographics of Golden Gate Area
Single-parent families represent 14% of all families in Golden Gate, more than four
times the county average of 3%. In Golden Gate, 28% of the population speaks a
language other than English at home, contrasted with 6% in the more affluent areas of
Collier. Comparisons of educational attainment and related family literacy rates among
the target communities and the more affluent areas of the county show significant
differences: 38% of Golden Gate adults have a high school diploma or equivalent
however: 12% have not gone further than 9th grade in school. In most of Collier
County, 81 % have a high school diploma or higher and only 8% have less than a 9th
grade education (U.S. Census 2000).
Demographic and Economic Information on Collier County, Immokalee, and
Florida
Collier County Immokalee Florida
251,377 19,7()3 15,982,378
Population, 2000
Population by age group (shown as a %)
Age 0-17 19.9% 34.90/0 22.80/0
i\ge 18-65 55.7% 59.8% 59.6%
Age 65 + 24.4% 5.3% 17.6%
Median Age 44.1 24.7 38.7
2
Agenda !tern ~Jo, ~16D18
[\Jovember 13. 2007
FORM 1 PAGEf&gf.290f 32
Number of Families, 2000 71,264 3,636 4,210,760
Percent Married Couple Families 84.0% 63.8% 75.8~/o
Percent Single- Parent Families 16.00/0 36.2O/fJ 24.20/0
,hcragc Household Size 2..19 3()j 2.46
Economic Indicators, 2000
Per Capita Incon1c $31,195 $8,576 $21,557
Median Household Income $48,289 $24,315 $38,819
0/0 of Persons Below Poverty Levcl 10.30"0 3C).ROp 12.50'0
0/0 ()f Fanlllies 13elc)\v Povcrtv Level (i.6O'o 34.C)oo 9.00'0
L1nemp]oymcnr Rar,", 2001 .J.l)o (I 10.20,'0 '1.8(1)
Employment by Industry, 2000 (shown as a 0/)
/0
\g-rlCullun: '-':. ~Tinjng =H-" _)( I.()I~ (I 1 ',"
,.'J p
CI)Il~tnKrjl)n ,_~_ _/._~1()((: '''' -Ii g.()O"
I -.. " .,)..) "
I '\bntlfactunng I" iI 2.:)0" -;',Y",) --
,_l. "
I -~~-----'---- ),,1" (, --
'j'Gl1bj)()rtatJun ) .-~ I' 1.7" '"
--
I 11It()nnallUn lJ)o" 11.-]"" )_1""
I \\'holesale Trade ;.l'),u :-\ ,0 .:Uy'(\
...._ c'
Rcratl 'fradc 1.l..=iu" k.(lU n 1,).::;1'"
ImE' ().()(iu 2,()" i> (').1 iI (I
~C1TJCCC; ++.-1-"." )(\.:)('" "~+.3tl(i
Pubhc .\dmm. " "n ., ,I_ I 5.2(l()
,l._) n -. I>
Educational Attainment for Persons 25 years of age and older, 2000
Less than" I Iigh School diploma or C; ED 1H.2O/(l 76.00,'0 20.1()()
High School Diploma onlv 2(>.20.0 16.2O/() 2H.T',()
Some college, /\,\, BS, or Graduate degree 55.5~,'u 770 51.2~/u
., ,'U
Drop-Out Ratc, 2000-01 4.2u/u 5.3O/u 3.8%
Housing Units, 2000
Total Units 144,536 4,987 7,302,947
Owner Occupied 53.8 35.8 60.8
Renter Occupied 17.4 58.8 26.0
Vacant 28.8 5.4 13.2
.
'Finance, lnycsrmcnt, Real Estate ~ources: ::?OOO Census, .-\gcncy tor \'{Torktorce InnovatJon, and Immokalee I-fIgh
School.
In addition to the data above, Richard Elwell, Operations and Management Consultant
Manager for the Department of Children and Families states that the Immokalee Service
Center which distributes food stamps reported about 50% of clients are illiterate in
Immokalee.
Collier County Poverty Data
According to the Refugee Assistance Program data, Collier County is second only to
Miami-Dade County in percentage of participants who are refugees, and according to
Child and Family Services, most refugees get food stamps. These refugees are mostly
Cuban living in the Naples area.
3
Agenda item No. 16D18
November 13. 2007
FORM 1 PAGEF4lgt,290f 32
All ages in poverty, 2004
,~ID ,eState and 0"" 9WY., Confideneeb 90% Confidenee
County Number Interval Percent Interval
1202 J Collier County 26,829 20,906 to 32,751 8.8 6.9 to 10.8
2004 State-Level Estimation Dctails I I()04 County-Lcvel Estimal ion Details I Back to top
Under age 18 in poverty, 2004
\l1l'Y.,
Interval
6,525 to 1 ]Jl17
I
C()nnclCIlCe~
Percent
~lD AState
County
1202] Collier County
]3.8
9~1{i'~,
Interval
10.3 to 17.4
Confidence
Ages 5-17 in families in poverty, 2004
~.State
County
] 2021 Collier County
and ".c,:;,
Number
5.679
9nl,>(~
hntcr..'uJ
(_oUn(~ent'e-/i:.;~
Percent
'Hrl~~1
~'_'(}nndent.~::,
4,O]4t07,344 13.3
9.4 to 17.2
The University of Florida, Lastinger Center for Learning called, A Study of Child Well-
beinq in Collier County concluded, "A large number of children in Collier County lack
access to basic services essential to healthy child development. Through no fault of
their own, approximately 20% of Collier's children may never realize their full human
potential because of a lack of access to vital services."
While hunger may be present in Collier County, like other counties obesity is also an
issue we are facing. Some groups of children are more affected by weight problems
than others. The Center for Disease Control (CDC) reports that Hispanic and African
American students from families living at or near poverty were 75% less likely than
White children to engage in organized physical activities. Obesity is a particular burden
among those of Mexican-American descent, with 42.8% of Mexican Americans boys
ages 6-19 either at risk of being over-weight or currently overweight compared with
31.0% of non-Hispanic black boys and adolescents and 29.2% of non-Hispanic white
boys and adolescents.
Among girls and young women non-Hispanic black women are at the greatest risk for
obesity at 40.1 % compared to 36.6% of Mexican American girls and 27.0% of non-
Hispanic white girls. Obesity, like hunger, can result from a lack of resources and
education.
Collier County Health Department data shows that the prevalence for students with
Body Mass Index (BMI) equal to or greater than 95th percentile is spread throughout the
county with the highest numbers being in Title 1 schools. The highest risk for
4
Agenda Item No. 16D18
November 13. 2007
FORM 1 PAGEffilgt~Jf 32
elementary school youth is 34.94% at Avalon Elementary a Title 1 school located in
East Naples. The school with the second highest number of student with very high
BMl's is Manatee Elementary 34.30%, again a Title 1 school located on the far south-
east part of town. Lake Trafford is third and located an hour north of Manatee in the
town of Immokalee. The Golden Gate community has two elementary schools that are
fourth and fifth in percentage of youth with very high BMl's. Golden Gate Elementary
has 30.91% and Golden Terrace with 30.28. All these schools with the exception of
Golden Terrace are Title 1 schools. This data represents the very most overweight
youth at greater than 95th percentile for Body Mass Index.
When risk of being overweight is considered in the data, 54.15% of Manatee
Elementary youth are the highest percentage followed by the two Golden Gate Schools
at 51.41% at Golden Terrace and 50.91% at Golden Gate. The data on Middle School
youth shows a similar demographic with Immokalee Middle having the highest at
50.95% and Manatee Middle close behind with 50.81 % of the youth are currently
overweight or at risk for being overweight.
2. Nutrition-Related Behavioral and Lifestyle Characteristics of Food Stamp
Program Eligibles in Collier County.
The Collier Health Promotion Coalition is composed of department directors, dietitians,
exercise specialists, health educators, and marketing specialists representing the
Department of Health, Collier County Public Schools, Department of Housing and
Human Services, Collier County Medical Society, local hospitals, Parks and Recreation,
American Heart Association and many other related agencies www.healthvcollier.oiO.
This group meets monthly to address the nutritional and other lifestyle gaps in
resources and how organizations can work together to fill these gaps. A goal of the
Health Promotion Coalition Subcommittee on Education has been to provide more
nutrition education in the classroom. The Subcommittee on Aging has identified a lack
of services for elders in our community especially in the Naples area which has not had
a senior center until this year. In this collaborative effort, the Family Consumer Science
extension educator and the coalition are tasked with the following issues when planning
the Collier County Family Nutrition Program:
. Identify community sites where the Family Nutrition Program will reach the
underserved Food Stamp population with the nutrition and food safety
education.
. Partner with ongoing county, state and community programs that are already
reaching the target population.
. Recruit from local communities the Family Nutrition Program Assistants that
will serve as educational outreach partners.
. Address through educational awareness the growing obesity rate in children
and adults.
5
P,genda Item No. 16D18
November 13, 2007
FORM 1 PAGE~gt2:90f 32
Collier County Public Schools. Title 1 schools in Collier County account for the
greatest number of overweight children according Collier County Health Department
data. For this reason we would like to target our message in area schools and in
particular Title 1 schools. We feel that attitudes and awareness about healthy eating as
well as sustainable habits are not emphasized enough in schools. In addition, policy
change needs to be supported to see permanent changes in dietary habits. In June
2006, a district-wide wellness policy was implemented without funding to back these
policies. In conjunction with the Collier Health Promotion Coalition, Extension's FNP
would educate youth at each Title 1 school and increase awareness by teachers and
staff about the wellness policies. Educational outreach programming will occur in
libraries and parks in the Title 1 school areas during the summer months and will serve
to fill gaps in nutrition education and increase nutrition program in our community.
Naples Health Department - Young Children and Mothers at Risk
Outreach to children and mothers on food stamps could also be accomplished through
a partnership with Collier County Health Department Division of Healthy Start.
Caseworkers visit "at risk" families and have expressed a need for information on
nutrition topics. The Family Consumer Science Extension program would communicate
closely with the case workers to provide pertinent information monthly. Fact sheets and
visuals would be provided to case workers to demonstrate how to buy healthy foods on
a budget
Immokalee Health Department - Families at Risk
Collier County is the largest county as far as land mass and Immokalee is located at the
extreme north end of the county placing Immokalee logistically a distance away from
vital services. Because it is a largely migrant community, the needs are great Many
participants visit the Healthy Families and Women, Infant and Children's (WIC) offices
at the Immokalee Health Department so to effectively reach this population a FNP
paraprofessional from the community that speaks Spanish and/or Creole would be very
effective.
Seniors
Until recently seniors in Naples have not had a place to congregate. We have a very
high population of elderly people who need assistance and lack resources. Although
limited education is provided through a contract with the Senior Center no senior
focused education is provided at low-income centers or housing developments.
3. Other Nutrition-related Programs Serving Low-income Persons in Collier
County.
In Collier County little elder food nutrition education programming exists especially in
the Naples area. The Senior Annex in Naples is newly formed and much of its
programming was cut due to tax reform. The Senior Friendship Center, a health care
office, is contracted to provide nutrition education. This center does not have the
personnel with expertise or time to provide designated nutrition education according to
the Senior Services Division of Housing and Human Services. Contracted services do
not provide nutrition fact sheets of any type.
6
Agenda item hlo. 16D:8
Novembel' 13. 2007
FORM 1 PAGEFl'agf2Dof 32
Other agencies providing some nutrition education:
. Healthy Start provides limited nutrition education when visiting at risk mothers
and children as it applies to social issues they are addressing.
. The Early Learning Coalition provides education in preschools with the
assistance of Extension in a program called Color Me Healthy.
. WIC provides some nutrition education.
. 4-H outreach staff visit summer and after school programs with limited nutrition
education
Communication with agencies such as Front Porch and the Farm Workers Village
indicate that basic nutrition education is needed in their communities. Agencies looking
to provide some type of nutrition education are often regional rather than local,
Southwest Florida Childcare, Area Agency on Aging and The American Heart
Association are located in Lee County and most services are target to Lee County
residents.
4. Areas of Collier County Where Food Stamp Program Eligibles are Underserved
or Have Not Had Access to FSNE Previously.
Collier County has not had a Family Nutrition Program and local health educators work
to affect policy rather than teach classes. Nutrition education is needed at the local
schools and summer programs, senior centers, and in the Immokalee community.
According to Richard Elwell of Child and Family Services Families ACCESS Program
Office, seniors are traditionally an underserved population of food stamp participants.
Many seniors have transportation problems and are not computer literate which makes
signing up for food stamps difficult. The stigma around food stamps is also an issue
affecting the nutrition of our elders and limiting their participation in food stamps.
Three communities; Immokalee, Golden Gate, and East Naples have the highest
number of families living in poverty and the highest number of youth that are
overweight. Nutrition education is lacking in schools and no programs like FNP are
available in these communities. High numbers of seasonal and illiterate migrants and a
diverse population with limited access to nutritional education add to the problem of
nutritional failure and obesity in these communities assures a need in our community.
Section B: FSNE Goals, Objectives, Projects, Campaigns, Evaluation and
Collaboration
1. Goals & Objectives
UF/IFAS Extension Statewide Goal G5: Assist individuals and families to achieve
economic well-being and life quality through development and evaluation of education,
7
Agenda Item t.,o. 160'18
November 13. 2007
FORM 1 PAGE<l\Jaf"2llo( 32
communication, and food assistance strategies and by providing programs and policies
that affect dietary status.
Goals/Objectives Indicator Measurement
Increase number of school 1,000 youth ages pre- Activity logs
children in Collier County school to second grade with
who are given nutrition nutrition education in the
education classroom.
Increase awareness of the 70% of teachers contacted Oral and written pre and
School Wellness Policy will show an Increase post test
awareness of the wellness
policy
Provide nutrition education Provide fact sheets and Activity logs
to case workers for at risk resources on a monthly
mothers and children basis
Increase the number of Provide nutrition education Activity logs
seniors in Collier County to case workers for seniors
who are provided nutrition and at-risk mothers and
education children on a monthly basis.
Teach nutrition education at 80% of participants will Survey
the senior center at weekly report a greater awareness
classes. of nutrition issues at the
end of the six weeks of
courses.
UFIIFAS Extension Statewide Goal KA 724: Healthy Lifestyles. Develop and evaluate
education programs and strategies on healthy lifestyles and disseminate information for
professionals, students and the public.
Goals/Objectives Indicator Measurement
Increase number of 100% of teachers contacted Observation and survey
teachers who improve will use a wellness toolkits
knowledge about health rather than junk food in the
policies classroom
Objectives
KA 703. Nutrition Education and Behavior: Development and evaluation of education,
communication, and food assistance strategies, programs, and policies that affect
dietary status.
Goals/Objectives Indicator Measurement
Provide nutrition Nutrition education is Attend at least five
information at community provided at more areas in community events in FY
centers, festivals etc. the community 2008
8
Agenda item No. j 6013
Novembe] 13. 2007
FORM 1 PAGE!J<l;]af129of 32
Reduce risk of food-borne Participants who attend Observation and survey
illness recipe demonstrations learn
at least one recommended
food handling practices
Reduce food insecurity and Families and seniors will be Written/oral survey and
hunger able to compare prices and observation
identify the best buys.
2. Description of Projects/Interventions
Project Title: Children & Youth
a. Related State Objectives
Year 1 to increase knowledge of nutrition, increase ability to select healthy foods and to
improve food preparation, food safety and sanitation practices.
Year 2 to increase knowledge of nutrition, increase ability to select healthy foods and to
improve food preparation, food safety and sanitation practices.
Year 3 to increase knowledge of nutrition, increase ability to select healthy foods and to
improve food preparation, food safety and sanitation practices.
b. Audience
Year 1 children & youth from food stamp eligible families.
Year 2 children & youth from food stamp eligible families.
Year 3 children & youth from food stamp eligible families.
Focus on Food Stamp Eligible's
Year 1
Youth in Title I Schools. Children & Youth will be targeted through classroom
education along with a County Health Department Character (tooth-fairy) who
provides education in all schools ages pre-school to 2nd grade. The extension
Agent will provide awareness education at summer schools at parks & recreation,
libraries, and in child health clinics in Immokalee.
Year 2
Youth in Title I Schools. Children & Youth will be targeted through classroom
education along with a County Health Department Character (tooth-fairy) who
provides education in all schools ages pre-school to 2nd grade. The extension
Agent will provide awareness education at summer schools at parks & recreation,
libraries, and in child health clinics in Immokalee.
Year 3
Youth in Title I Schools. Children & Youth will be targeted through classroom
9
Agenda Item No. 16018
November 13, 2007
FORM 1 PAGEfltll:Jef129of 32
education along with a County Health Department Character (tooth-fairy) who
provides education in all schools ages pre-school to 2nd grade. The extension
Agent will provide awareness education at summer schools at parks & recreation,
libraries, and in child health clinics and in community settings on demand.
c. Project Description
Year 1 The Family Consumer Science program will create a character based on good
nutrition habits that will provide outreach into pre-K to 2nd grade classrooms throughout
the community. The projected number of youth reached in FY 2008 is 1,000. Since this
grant will be in its first year and will not start until February (projected date) additional
youth will be reached in summer through programming at parks and recreation, libraries
and health fairs. Presentations will be 20-30 minutes in length 2-3 days a week. Topics
will include choosing fruits and vegetables, whole grains, and low fat milk products.
Youth will also be reached at libraries. parks. festivals and community events with the
same character.
Year 2 Staff member will go to classrooms. libraries, parks and festivals throughout the
community in character. Grades targeted are pre-K to 2nd grade. The projected number
of youth reached in FY 2008 is 2,000.
Year 3 staff member will go to classrooms, libraries. parks and festivals throughout the
community in character. Grades targeted are pre-K to 2nd grade. The projected number
of youth reached in FY 2008 is 2,500.
d. Use of Existing Educational Materials
Year 1
. Fit & Fun Families Childhood Obesitv Prevention Tool-kit and Healthy Kids
Challenge informational kit. www.healthykidschallenoe.com English and Spanish
(our office will translate). This will be used with teachers to give them ideas for 5
minutes messages on health that they can implement in their classroom after we
are done with our presentation. There is no cost for these materials.
. Color Me Healthy English and Spanish. Provided by the Early Learning Coalition
recipes and hands on games can be used when educating in centers and
schools.
. No Battles. Better Eatino for Kids. Food and Health Communications, Inc.
www.foodandhealth.com English. Has already been purchased and will be used
if presenting to families requesting presentations.
. Fresh2U the Florida Way. Florida Department of Agriculture and Consumer
Services. English. Recipes can be used for commodities demonstrations. No
cost.
. Heart-Healthy Home Cookino African American Style. National Institutes of
Health. English. Used with certain audiences to compare foods. No cost.
10
Agenda Item )\jo. 16D18
November 13, 2007
FORM 1 PAGEFtll:Jaf12llof 32
. OrganWise Guys a Florida Comprehensive Assessment Test approved
curriculum for health that explains the organs and health habits to children ages
K-5.
Year 2
. Fit & Fun Families Childhood Obesity Prevention Tool-kit. Healthy Kids
Challenge. www.healthvkidschallenqe.com English and Spanish (our office will
translate). This will be used with teachers to give them ideas for 5 minutes
messages on health that they can implement in their classroom after we are
done with our presentation. There is no cost for these materials.
. Color Me Healthy. English and Spanish. Provided by the Early Learning
Coalition recipes and hands on games can be used when educating in centers
and schools.
. No Battles, Better Eating for Kids. Food and Health Communications, Inc.
English. Has already been purchased and will be used
if presenting to families requesting presentations.
. Fresh2U the Florida Way. Florida Department of Agriculture and Consumer
Services. English. Recipes can be used for commodities demonstrations. No
cost.
. Heart-Healthy Home Cooking African American Style. National Institutes of
Health. English. Used with certain audiences to compare foods. This does not
cost.
. OrganWise Guys a Florida Comprehensive Assessment Test approved
curriculum for health that explains the organs and health habits to children ages
K-5
Year 3
. Fit & Fun Families Childhood Obesity Prevention Tool-kit. Healthy Kids
Challenge. www.healthvkidschallenqe.com English and Spanish (our office will
translate). This will be used with teachers to give them ideas for 5 minutes
messages on health that they can implement in their classroom after we are
done with our presentation. There is no cost for these materials.
. Color Me Healthy English and Spanish. Provided by the Early Learning Coalition
recipes and hands on games can be used when educating in centers and
schools.
. No Battles, Better Eating for Kids. Food and Health Communications, Inc.
www.foodandhealth.com English. Has already been purchased and will be used
if presenting to families requesting presentations.
11
Agenda Item No. 16D18
November 13, 2007
FORM 1 PAGE~Gf129of 32
. Fresh2U the Florida Way. Florida Department of Agriculture and Consumer
Services. English. Recipes can be used for commodities demonstrations. No
cost.
. Heart-Healthy Home Cooking African American Style. National Institutes of
Health. English. Used with certain audiences to compare foods. This does not
cost.
. OrganWise Guys a Florida Comprehensive Assessment Test approved
curriculum for health that explains the organs and health habits to children ages
K-5.
e. Key Performance Measures/Indicators.
Year 1
1,000 youth ages pre-school to second grade will be reached with nutrition education in
the classroom. 70% of teachers contacted will provide healthy alternatives to reward
youth in the classroom. 70% of teachers contacted will show an Increase awareness of
the wellness policy with a pre and post test.
Year 2
Reach 2000 youth ages pre-school to second grade with nutrition education in the
classroom and summer programs. 80% of teachers contacted will provide healthy
alternatives to reward youth in the classroom. 80% of teachers contacted will show an
Increase awareness of the wellness policy and of healthy alternatives for rewards with a
pre and post test.
Year 3
Reach 2500 youth ages pre-school to second grade with nutrition education in the
classroom and summer programs. 100% of teachers contacted will use a healthy
reward rather than junk food in the classroom. 100% of teachers contacted will show an
increased awareness of the wellness policy, of healthy alternatives for rewards, and of
basic nutrition practices such as MyPyramid with a pre and post test.
Project Title: Parents and Families with Young Children
a. Related State Objectives
Year 1
To assist food stamp and lor low-income adults to acquire the knowledge, skills,
attitudes and changed behaviors necessary to nutritionally sound diets, and the
improvement of total nutrition well-being.
Year 2
To assist food stamp and or low-income adults to acquire to acquire the knowledge,
skills, attitudes and changed behaviors necessary to nutritionally sound diets, and the
improvement of total nutrition well-being.
Year 3
To assist food stamp and or low-income adults to acquire to acquire the knowledge,
12
A';J8nda Item No, 16D18
!\lovember 13. 2007
FORM 1 PAGEPll!Jaf<29"f 32
skills, attitudes and changed behaviors necessary to achieve nutritionally sound diets,
and the improvement of total nutrition well-being.
b. Audience
Year 1 Parents with young children who receive food stamps and/or low income parents
who qualify for food stamp assistance.
Year 2 Parents with young children who receive food stamps and/or low income parents
who qualify for food stamp assistance.
Year 3 Parents with young children who receive food stamps and/or low income
parents who qualify for food stamp assistance.
Focus on Food Stamp Eligibles
Year 1
Adult health clinic in Immokalee and communities such as the Front Porch Community
and the Farm Workers Village identified by census data and poverty levels.
Year 2
Adult health clinic in Immokalee and communities such as the Front Porch Community
and the Farm Workers Village identified by census data and poverty levels and food
commodity sites.
Year 3
Adult health clinic in Immokalee and communities such as the Front Porch Community
and the Farm Workers Village identified by census data and poverty levels, food
commodity sites and the Healthy Families program.
c. Project Description
Year 1
The Family Consumer Science program will develop a nutrition curriculum that
incorporates healthy lifestyle objectives and outreach. A fulltime staff member will need
to be hired that is preferably bi or trilingual. They will work closely with all county
departments and with partners within the target area of Immokalee such as Farms
Workers Village and the Front Porch Community. Nutrition education at community
centers, festivals and community events will be provided as well as commodity and food
safety classes held at the Health Department. Evaluations will include observation, skill
tests and pre and post tests.
Year 2
The staff member will continue to work closely with the Health Department and will
increase partnerships with partners such as Farm Workers Village and the Front Porch
Community. Recipe commodity classes and taste tests will be provided at the Health
Department twice a week and food safety will be done once a week. Education at
community centers, festivals and community events will be increased and new partners
will be investigated. Evaluations will include observation, skill tests and pre and post
tests.
Year 3
13
Agenda Item ~Jo. 16018
November 13, 2007
FORM 1 PAGE~Qf129of 32
The staff member will continue to work closely with the Health Department and with
partners added in year two. Recipe commodity classes and taste tests will be provided
at community centers, festivals and community events as well as in the Health
Department. Staff will assist in reading initiatives and with education in the Libraries and
Parks and Recreation programs in Tille 1 school areas. In addition, new partners will be
identified. Evaluations will include observation, skill tests and pre and post tests.
d. Use of Existing Educational Materials
Year 1
. Fit & Fun Families Childhood Obesity Prevention Tool-kit. Healthy Kids
Challenge. www.healthvkidschallenoe.com English and Spanish (our office will
translate). This will be used with teachers to give them ideas for 5 minutes
messages on health that they can implement in their classroom after we are
done with our presentation.
. Color Me Healthy (English and Spanish). Curriculum provided by the Early
Learning Coalition recipes and hands on games can be used when educating in
centers and schools.
. No Battles, Better Eating for Kids. Food and Health Communications, Inc.
www.foodandhealthcom English.
. Fresh2U the Florida Way. Florida Department of Agriculture and Consumer
Services. English. Recipes can be used for commodities demonstrations. No
cost.
. Make the Most of Women Infants and Children Foods developed by University of
Florida Escambia County Extension Office.
. OrganWise Guys a Florida Comprehensive Assessment Test approved
curriculum for health that explains the organs and health habits to children ages
K-5.
Year 2
. Fit & Fun Families Childhood Obesity Prevention Tool-kit. Healthy Kids
Challenge. www.healthvkidschallenqe.com English and Spanish (our office will
translate). This will be used with teachers to give them ideas for 5 minutes
messages on health that they can implement in their classroom after we are
done with our presentation.
. Color Me Healthy English and Spanish. Provided by the Early Learning Coalition
recipes and hands on games can be used when educating in centers and
schools.
]4
Aaenda item r~o. 16D18
~ !\lovember 13. 2007
FORM 1 PAGEPIl!Jaf29of ;;2
. No Battles, Better Eating for Kids. Food and Health Communications, Inc.
www.foodandhealth.com English.
. Fresh2U the Florida Way. Florida Department of Agriculture and Consumer
Services. English. Recipes can be used for commodities demonstrations. No
cost.
. Heart-Healthy Home Cooking African American Style. National Institutes of
Health. English. Used with certain audiences to compare foods.
. Make the Most of Women Infants and Children Foods developed by University of
Florida Escambia County Extension Office.
. OrganWise Guys a Florida Comprehensive Assessment Testing approved
curriculum for health classes that explains the organs and health habits to
children ages K-5.
. Curriculum for other counties that have been deemed successful for their Family
Nutrition Programs.
Year 3
. Fit & Fun Families Childhood Obesity Prevention Tool-kit. Healthy Kids
Challenge. wwvvhsaitilVi"ds~h31i8n::le.~'():T! English and Spanish (our office will
translate). This will be used with teachers to give them ideas for 5 minutes
messages on health that they can implement in their classroom after we are
done with our presentation. There is no cost for these materials.
. Color Me Healthy English and Spanish. Provided by the Early Learning Coalition
recipes and hands on games can be used when educating in centers and
schools.
. No Battles, Better Eating for Kids. Food and Health Communications, Inc.
wvvw.foodandhealth.com English. Has already been purchased and will be used
if presenting to families requesting presentations.
. Fresh2U The Florida Way. Florida Department of Agriculture and Consumer
Services. English. Recipes can be used for commodities demonstrations. No
cost.
. Heart-Healthy Home Cooking African American Style. National Institutes of
Health. English. Used with certain audiences to compare foods. This does not
cost.
. Make the Most of Women Infants and Children Foods developed by Escambia
Extension. No cost.
15
Agenda Item I'Jo. 16018
November 13. 2007
FORM 1 PAGEPUjJef12Bof 32
e. Key Performance Measures/Indicators.
Year 1- Provide nutritional education and recipe classes on a monthly basis with a goal
of reaching 1,000 people. 60% will understand MyPyramid, portion sizes, apply nutrition
facts on food labels, and use food dollars wisely.
Year 2 - Provide nutritional education and recipe classes to at least 1500 people. 65%
will understand MyPyramid, understand portion sizes, apply nutrition facts on food
labels, and use food dollars wisely.
Year 3 - Attend at least 10 community events. Provide education to at least 2000
people. 75% will understand MyPyramid, will understand portion sizes, apply nutrition
facts on food labels, and will use food dollars wisely.
Related State Objectives
Year 1
UF/IFAS Extension Statewide Goal G5. Assist individuals and families to achieve
economic well-being and life quality.
UF/IFAS Extension Statewide Goal KA 724. Healthy Lifestyles. Develop and evaluate
education programs and strategies on healthy lifestyles and disseminate information for
professionals, students and the public.
KA 703. Nutrition Education and Behavior. Development and evaluation of education,
communication, and food assistance strategies, programs, and policies that affect
dietary status.
Year 2
UF/IFAS Extension Statewide Goal G5: Assist individuals and families to achieve
economic well-being and life quality.
UF/IFAS Extension Statewide Goal KA 724. Healthy Lifestyles: Develop and evaluate
education programs and strategies on healthy lifestyles and disseminate information for
professionals, students and the public.
KA 703. Nutrition Education and Behavior: Development and evaluation of education,
communication, and food assistance strategies, programs, and policies that affect
dietary status.
Project Title: Elders
a. Related State Objectives
Year 1 - to assist food stamp and/or low-income elders to acquire the knowledge, skills
and changed behaviors necessary for nutritionally sound diets and well-being.
16
Agenda iiem No. 16018
hlovernber '13 2007
FORM 1 PAGEPB'gof129o! 32
Year 2 - continue to assist food stamp and/or low-income elders to acquire the
knowledge, skills and changed behaviors necessary for nutritionally sound diets and
well-being.
Year 3 - continue to assist food stamp and/or low-income elders to acquire the
knowledge, skills and changed behaviors necessary for nutritionally sound diets and
well-being.
b. Audience
Year 1 Elders who receive food stamps and or low income individuals.
Year 2 Elders who receive food stamps and or low income individuals.
Year 3 Elders who receive food stamps and or low income individuals.
Focus on Food Stamp Eligible's
Year 1 - Seniors in senior centers with low socio-economic demographics and those
targeted by Housing and Human Services.
Year 2 - Seniors in senior centers with low socio-economic demographics and those
targeted by Housing and Human Services. Seniors at food commodity and Adult Health
Clinics.
Year 3 - Seniors in senior centers with low socio-economic demographics and those
targeted by Housing and Human Services. Additional outreach to seniors at housing
projects and home-bound individuals will take place in year three.
d. Project Description
Year 1- The Family Consumer Science (FCS) program will develop a nutrition
curriculum that incorporates healthy lifestyle objectives and outreach that involve three
classes weekly at the East Naples Senior Center. Two classes are one hour in length
and target osteoporosis nutrition and movement. Another is 30-60 minutes of
commodity recipe lessons. Advertising of the classes will be possible with additional
staff and can be done through senior publications for free and through the Collier Health
Promotion Coalition. Increased participation will mostly be reached through the County
Parks and Recreation Guide. FCS will also provide recipe commodity education at
senior housing center and at the Senior Friendship Center. Additional nutrition
education will be provided to caseworkers at the Housing and Human Services
Department and to Meals on Wheels staff.
Year 2 - The Family Consumer Science program will provide 3 classes weekly at the
East Naples Senior Center. Two classes are one hour in length and target osteoporosis
nutrition and movement. Another is 30-60 minutes of commodity recipe demonstrations.
Advertising of the classes will be possible with additional staff and can be done through
17
Agenda Item No. 16D18
November n. 2007
FORM 1 PAGEPlf\:JafJ!llof 32
senior publications for free and through the Collier Health Promotion Coalition.
Increased participation will be reached through physician referrals. This person will also
provide recipe commodity education at senior housing center and at the Senior
Friendship Center and food distribution sites.
Additional nutrition education will be provided to caseworkers providing meals to seniors
who are homebound.
Year 3 - FCS staff member will provide increase classes at the East Naples Senior
Center, Senior Friendship Center or housing centers in low income areas. Classes will
target senior health issues such as osteoporosis and arthritis. 30-60 minute recipe
commodity demonstrations will be provided at least once a week. Advertising of the
classes will be possible with additional staff and can be done through senior
publications for free and through the Collier Health Promotion Coalition. Increased
participation will mostly be reached through physician referrals. This person will also
provide recipe commodity education at senior housing center and at the Senior
Friendship Center. Nutrition education will continue to be provided to caseworkers
providing meals to seniors who are homebound.
d. Use of Existing Educational Materials
Year 1- USDA MyPyramid resources, ENAFS/University of Florida resources and other
state Extension resources.
Year 2 - USDA MyPyramid resources, ENAFS/University of Florida resources and other
state Extension resources.
Year 3 - USDA MyPyramid resources, ENAFS/University of Florida resources and other
state Extension resources.
e. Key Performance Measures/Indicators.
Year 1 - 70% will be able to understand MyPyramid, will understand portion sizes and
will apply nutritional facts on food labels. 70% will use food dollars wisely and will
increase physical activity.
Year 2 - 70% will be able to understand MyPyramid, will understand portion sizes and
will apply nutritional facts on food labels. 80% will use food dollars wisely and will
increase physical activity.
Year 3 - 80% will be able to understand MyPyramid, will understand portion sizes and
will apply nutritional facts on food labels. 85% will use food dollars wisely and will
increase physical activity.
18
,b,;;1enda item No. 16[1'1
Novsmber Ai 3, 20C!
FORM 1 PAGEPlf!jef::29of 3
Distribution of Time and Effort
FORM 2
County Name: Collier County
Are you
going to
work What percent of your time will
with this you be spending wllh this
proiect? proiect? --
Project 1: Children and Youth Y -- ..e,!o --
Project 2: Families with Young Children -- ~- 25%
Project 3: Seniors Y 25%
___._m -
Project 4: General Adults Y 25%
IOther -
Please explain below.
Total Time: 100%
19
Agenda Item No. 16018
November 13, 2007
FORM 1 PAGE~af2Jlof 32
Projects and Sites
County Name: Collier
Site Name: Collier County Libraries
Please list each school you will be teaching at, the percent free and reduced and indicate
whether it is a new site or if you have taught there before.
Library Names % Free/Reduced All libraries in
Collier would be
new
East Naples Library 75.1%
Golden Gate City Library 76.1%
Immokalee Branch Library 91.9%
Approximately how many people do you plan to teach at Ihis site?
Type # People # Classes Indirect Contacts
Year Y1 I Y2 Y3 Y1 Y2 Y3 Y1 Y2 Y3
Children 100 ! 200 250 10 20 25
I Parents I 10 20 30
How often will you teach classes? Once a month
How will you reach the parents? They attend classes with their children. Handouts will be sent
home with parents.
20
Agenda Item No. 16D18
November 13, 2007
FORM 1 PAGE~of.:2Baf 32
Projects and Sites
County Name: Collier County Site Name: Collier County Health Department
Address:
3301 East Tamiami Tr. Bldg. H
Naples, FL 34112
419 N. 1sl Street
Immokalee FL, 34142
Is this a new site?
Will you generate match from this sile?
x Yes
--
_x_Yes
No
No
Please describe the general audience and Food Slamp Eligible audience allhis site.
Are the people at Ihis site eligible for Food Stamp Nutrition Education? Yes,
% Eligibles Source:
% Other Assistance _ Programs & Source: WIC, Medicaid
185% or below 100% Source: Collier County Health Department
% Free/Reduced
Approximately how many people do you plan to teach at this site?
Type # People # Classes Indirect Contacts
Year Y1 Y2 Y3 Y1 Y2 Y3 Y1 Y2 Y3
Children &
Youth
Parents with 4000 6000 8000 100 150 200
Young Children
Elders
Adults
Other
How often will you teach classes? Three time a week. Recipe commodities demonstration one
day a week and nutrition reading and puppet show another day and food safety the third day.
21
Agenda Item No. 16018
November 13. 2007
FORM 1 PAGEFil!Jatl!9ot 32
Projects and Sites
County Name: Collier County Site Name: East Naples County Park (Senior Annex)
Address: 3500 Thomasson Drive,
Naples, FL34112
Is this a new site?
Will you generate match from this site?
_x_Yes
_x_Yes
No
No
Please describe the general audience and Food Stamp Eligible audience at this site.
Are the people at this site eligible for Food Stamp Nutrition Education? Yes,
% Eligibles Source:
% Other Assistance _ Programs & Source: Medicare
185% or below 98% Source: Housing and Human Services
% Free/Reduced
Approximately how many people do you plan to teach al this site?
Type # People # Classes Indirect Conlacts
Year Y1 Y2 Y3 Y1 Y2 Y3 Y1 Y2 Y3
Children &
Youth
Parents with
Young Children
Elders 500 1000 1500 50 100 200
Adults
Other
How often will you teach classes? Three time a week
Five to six caseworkers visit 60 elders a month for a total of 360 a month
Additional outreach will be done at health fairs at least 2 a year and at low-income retirement
centers - at least 2 the first year.
22
f\aenda Item No. 16018
~ f,ovember 13. 2007
FORM 1 PAGE~QfL2!k>f 32
Projects and Sites
County Name: Collier
Site Name: Parks & Recreation
Please list each school you will be teaching at, the percent free and reduced and indicate
whether it is a new site or if you have laught there before.
Park Name % Free/Reduced All projects in
Collier would be
new
East Naples Park 75.1%
Eagles Lake Park 75.1%
Immokalee Sports Park 91.9%
Immokalee Community Park 91.9% - e-------
South Immokalee Park 91.9%
Golden Gate Community Center 76.1%
~"'._.~'---------~~-----' _J__==--=__. ~----
_. - ._----~_.-,---~-
Approximately how many people do you plan 10 teach at this site?
Type # People # Classes Indirect Contacts
Year Y1 Y2 Y3 Y1 Y2 Y3 Y1 Y2 Y3
Children 600 800 1000 60 60 60
Parents 10 20 30
How often will you teach classes? 3 times a week for 10 weeks in 6 parks.
How will you reach the parents? They attend classes with their children and handouts will be
sent home with parents.
23
Agenda Item No. 16018
November 13 2007
FORM 1 PAGE~QmCJf 32
Projects and Sites
County Name: Collier
Site Name: Title I School List
Please list each school you will be teaching at, the percent free and reduced and indicate
whether it is a new site or if you have taught there before.
School Name % Free/Reduced All schools in
Collier would be
new
Avalon Elementary 75.1%
Golden Terrace Elementary 76.1%
Highlands Elementary 85.7%
Manatee Elemenlary 76.5%
Parks ide Elementary Estimaled 85.0%
Pinecrest Elementary 91.1%
-
Shadowlawn Elementary 74.6%
Village Oaks Elementary 193.3%
Lake Trafford 191.9%
Approximately how many people do you plan to teach at this site?
Type # People # Classes Indirect Contacts
Year Y1 Y2 Y3 Y1 Y2 Y3 Y1 Y2 Y3
Children 1000 2000 2500
Parents 500 1000 1250
How often will you teach classes? Two to three time a week - 4-5 classes. 300 week. The first
year we will need to train staff and obtain materials.
How will you reach the parents? Fourty-five Teachers from nine schools will contribute
approximately ten hours each month to nutrition education, for a total of 4,500 hours. FNP Pas
will teach some sessons and the teachers will teach other lessons and conduct follow up
activities with materials from the FNP Pas. Through a series of five or six lessons taught once
per week with assistance of FCS Agenl and classroom teachers. Parents of children will be
targeted through display, handouts and newsletter/newspaper articles.
24
Agenda item No. 160 '3
~JOvember 13. 20 7
FORM 1 PAGE~am9Jf 2
Form 4
Federal Dollars Requested
Personnel
FNP Coordinator (County Facu/ty)
Annual COLA% Base +19.18% + Ins. Subtotal X FTE% Total
Rate Salary
USPSITEAMS Program Assistants
Hourly COLA% X 2088 Base +19.18% + Ins. Subtotal X Total
Rate Salary FTE%
9.52 100% 19877.76 1987776 3812.55 9,451 33,141.31 1 33,141.31
9.52 1100% 19877 76 1987776 3812.55 9,451 33,141.31 1 33,141.31
9.52 100% 19877. 76 19877.76 3812.55 9,451 33,141.31 1 33.141.31
9.52 100% 19877.76 19877.76 381255 9.451 33,141.31 1 33,141.31
I ==:c:::: .------ I
OPS Program Assistants
Hourly COLA% X 2088 Base I +2.55% I Subtolal X FTE% Total
Rate Salary I ,
Total Personnel 4
132,565.24
Supplies and Materials
Office Supplies
Duplication 5,000 # copies X .06 /copy
Postage
Perishables
Nutrition Education Materials
Phone/Fax Services
Travel 50,000 # miles X $0.445/mile
Other (please list)
Computers (1) laptop
One Pc
Printers (2)
10,000
6,000
8,000
15,000
10,000
1,000
22,250
2,600
1,000
480
Total Supplies and Materials
76,330.00
Grand Total
208,895.24
25
4t: UNIVERSITY OF
'o,y FLORIDA
Agenda Item No. 16D~18
November 13, 2007
FORM 1 PAGEFif!Jaf;,290f 32
Cooperative Extension Service
Institute of Foud ilnd A~ricuJlural Sciences
County Agreement Letter
Collier County agrees to support the Family Nutrition Program by contributing the following
items from October I, 2007 to September 30,2008.
Personnel Services
N ame/Position FNP Annual Salary Fringe Salary and Match**
FTE County Only Rate Fringe*
Kelly Robinson, FCS Agent 0.60 48,000 60,000 36,000
Anni Galdames, 4-H Agent 0.05 48,000 60,000 3,000
Trisha Aldridge, 4-H outreach 0.05 28,000 35,000 1,750
Marie Morris 4-H outreach 0.05 20,()OO 25,000 1,250 .
Kathy Feser, Horticulture Agenl 0.02 55.000 68,750 1,375
Saundra Lockwood admin assistant 0.02 40.000 50,000 1,000
-
Personnel Services Total
44,375
Supplies, Materials and Travel
Office Supplies
Duplication 2,000 copies @ .06 per copy
Postage
NutJition Education Supplies
500
$
$
$
$
$
$
$
$
$
$
$
500.00
120.00
Travel
Office space
Supplies, Materials, and Travel Total
620.00
GRAND TOTAL
44,995
Collier County, in the preparation of the Family Nutrition Program Grant Proposal, has included
only public dollars (county, state, or city) in the identified match. To the best of our knowledge,
the match does not include resources which are already being claimed as match or
reimbursement for other federal programs or dollars. Said County understand that such funds are
not eligible for match or reimbursemenl for Food Stamp nutrition education funding.
26
County FNP Coordinator
County Extension Director
Agenda Item No. 16D 18
November 13. 2007
FORM 1 PAGE~ef;29of 32
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A()f-~fl(i2 item No. 1CD18
, I'lcwrnber 13. 2007
Pagf~ 32 01 :'\2
COLLIER COUNTY
BOARD OF (,aUNn COMMISSIONERS
Item Number;
Item Summary;
1':;[yr
ReOYMTi2r',d3\'a" te Ol;:;I.;rov(' the subm'ttal of :h" aI1;r:hed U:liVW.<;iIY Of c!orida F3rll'iy
~jullitlGn Praqrarn CJr~rll ir', HI", amuunl of ~2(jf:;,f3ti~, t':, pruv;dp 11cltrllmfl ["d~,r(l110"1 HIrOllg~1011t
C.:o:l16rC':hJnly
Meeting Date:
1 !t' ;1?Gt); DOOO':'.M
Prepared By
KellV Robinson
F~rnily c:unsumer S<;;lf,l,n~ ArWCl(
Date
Public 5enltce" Divis:;on
\I"lJver~i('I E.te"sl"r; S"""'"e~
1Di:19i20071127G3ftM
Apprllved By
f\()b"'r'! Halm~n
nircdot
n~t"
r:'"hk Set'"'ice~;
liniv~--sI""1 L~Wn5'Jf1 :" "ifICCS
1:J!~4J2ii(\7 ".]0 "M
Approved By
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filc://C:\J\.gendaTest\Export\92- Novcmberfl/G20 J 3,%202007\ J 6. %20CONSENT%20AGEN..
]]/7/2007
Agenda Item No, 16D19
November 13, 2007
Page 1 of 27
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement and Tri-Party agreement with Crestview Park II, Ltd.
(Developer) for deferral of 100% of Collier County impact fees for a 96 unit multi-family
affordable rental housing project located at Crestview Park Apartments, Phase II.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement and Tri-Party agreement with Crestview Park II,
Ltd, for deferral of 100% of Collier County impact fees for a 96 unit multi-fanlily affordable
rental housing project
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 Crestview Park II, Ltd, which
application, after staff review, was determined to qualify for the program, The head of
household must be either a citizen of the United States or be a legal alien who permanently
resides in the United States, The property is located in the Crestview Park Apartments Phase II
subdivision in Immokalee,
-
The ordinance requires that a lien agreement be entered into with the Developer 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 Developers 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, ilie 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 Chairnlan's signature,
FISCAL IMPACT: This agreement defers $ 1,208,596,45 in impact fees, The term of the
deferral is six years and nine months from the date of the impact fees being due and payable,
after which time tlle full amount of impact fees deferred shall be repaid to Collier County,
Additionally, Crestview Park II Ltd, will provide Collier County with security collateral as
further described in the attached Tri-Party Agreement
GROWTH MANAGEMENT IMPACT: None,
LEGAL CONSIDERATIONS: The proposed Agreement is fully consistent with ilie 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 and Tri-Party Agreement for Deferral of 100% of Collier
County Impact Fees for a 96 Unit Multi-Family Affordable Rental Housing Project for
Crestview Park II Ltd, located at Crestview Park Apartments, Phase II, Immokalee,
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
- .~._----_. -~'"--"'-'---"-""~'~"",'",",....-."",~-~~.,,,.,, ,~-
Agenda Item No. 16019
November 13, 2007
Page 2 of 27
Return to
Frank Ram.';t')'
Collier Coun!}' HHS
331H E. Tarnillllll Trail
'\!Jljllt's, FL. 34112
Filc# 08-039-IF
This SPlIt(' f(ll rN:ordillU
AGREEME'\T FOR 1000;;, DEFERRAL OF COLLIER
COnny IMPACT FF:ES FOR MVLTI-FAMILY
AFFOlW.\BLE HOUSING
This .,\t:re'~nlent ferl' [he
>)f I
F;ce,: i-; ~:ntel'c:cl ':nh\ this
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RECITALS:
WHERE/\S. Collicr County Ordinance No, 200 I -13. tbc Collier County Consolidated
Impact Fee Ordinance. as it may be amcnded ii-om time to time. hereinaftcr referrcd to as the
"Impact Fee Ordinance." provides for thc dcferral of impact fees for new multi-family, rental
dwelling units which qualify as aff"rdahlc housing: and
WHEREAS. Lloyd J. Boggio, as Manager and President of TCG Crestvievv Park 11.
LLC.. general partner of Crestview Park II. Ltd.. is the Owner's duly authorized agent: and
WHEREAS. Crcstvicw Park II. Ltd.. has applicd for a defcrral of impacf fees as requircd
by tbe Impact Fee Ordinance for the Crestview Park II Apartments, hereinafter referred to as
"PROJECT," and a copy of said application is on file in thc Housing and Human Services
Department; and
WHEREAS. the County Manager, or his designee, has reviewed the OWNER'S
application for the PROJECT and has found that it complies with thc requirements for an
1 of 10
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Agenda Item No. 16019
November 13, 2007
Page 4 01 27
4. REPRESENTATIONS AND WARRANTIES. The OWNER rcpresents and
warrants the following:
A. Each Dweiling \ 'nil wilL during the term of the i\grecment_ bc S()lev
offcrcd and available to a qualifying occupant/tenant.
B. At the commencement of any leaschold and throughout the duration
thercof the houscholds renting Dwelling 1 [nits must have a very low or low
InCOll1C level. as those terms are detjruxl in the impacl Fee Ordinance:, and the
household's monthh' rent 111U;..;1 he \\ithin the affordable: hrHJsing FuideJines
established in lht' Impact Fee ()rdmancc.
(",
Dwell
~;nlt must rcnlain
,
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"" 11-: Iht: d~tlC i:~ C:i..'rtJ:JC~l(' '1 UCU::i;J;K\ ',\;:'):,; ;"'~UC::'::.
j;
T)H.:'hc;,\d {)t lhe h()l,!;,ch(~ic; V,' "le':ll Ie::!:;: ~; "C::J~'\:
a~c ;1:10 nru: h,:~
CltlV:l' a citizen 'J}' TIJC ~ inilCd Sta1'.:s ('I' he 2:
aliei! v\'bo perman::ntl}'
~n
lhe l..:nited Slates.
" SUBSEQUENT RENTAL OR TRANSFER; REPAYMENT. If OWNER
rents a Dwclling Unit which is subjcct to thc impact fee dcfcrral and tben rc-rcnts that Dwelling
Unit to a subsequent rcnter, the Dwclling Cnit shall be re-rentcd only to persons or houscholds
mceting the qualifying critcria set f()rth in the Impact Fee Ordinance. If thc income of any unit
renter which originally qualified as very low or low income level as defined in the Impact Fee
Ordinance increases by more than J(lrty percent (40%) above the maximum low income level
described in the lmpacf Fee Ordinance, then the per unit deferred impact fee on the non-
compliant unit shall become immediately duc and payable by OWNER Of, in the altemative, the
OWNER shall have nincty (90) days to comply with the Affordable Housing guidelines set f(Jrth
in thc Impact Fee Ordinance, Assuming the OWNER has not been able to comply with the
guidelines, upon the discontinuance of use of a Dwelling Unit as affordable housing, or six years
and nine months from the date such impact fees are dcfeITed, whichever occurs first, the impact
fees deferred shall be immediately repaid to the COUNTY. O\VNER agrees that even though the
3 of]O
.Auenda Item No. 16D19
~ Novernber 13. 2007
Page 5 of 27
impact fees may have he en repaid to the COUNTY, the OWNER will continue to utilize the
Dwelling: Lnits j(lr atl(,rdable lwusing f(lr al least fifteen (I ~) veal's from the date the first
ccrtil1cale of occupancy was issued for a Dwelling ('nit.
6. A'I'NIJAL REPORT. Annually, OWNER of the Dwelling Unit shall provide to
the Housing and l'luman Services Department an AffidavIt attesting to compliance with the
affordable housing quali lication criteria and standards set !(,rth in the Impact Fee Urdinancc.
Said AJ1iduvlt must he filed with tht.: Cnwll} Ivlanagcr and lS due \\Jthin lhiny (;0) cbys ui' the
anni\'ersar~y Gate of the i;;:suancc q( i.hc first i..hv(iling unit',:, ...:crtii1ct1te Clf Ui._:cup.:mc:- An\.
j)\ycJling (:niL<.; ;Tln;li:or.cd
i,11'~' i 10cda Housing j:imml'l' C(irp,,1ralior: ~)j. :..;imilarl\ IrlCtnilnn:d
:U1\ ("her ,C;:l::1(c ():. I'c'dcral ~j(_'('l~~:\ 'Ii 1)(01 "l~~ rcqUi!-C~j
iJii.' ht::' :,CT;:.\rak :l1 :-;j~l\-il (,r
lilil';"C
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ount'", :----j()USJ1l~ ~mG
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7
LIE!\',
()\V"'1L:;< :JP\:"l.':~ lh~li. the ckdlar ;jiYH1Unl o( deferred Imp<Jct i('(~S.
c01nmcncing on the effective date or this _Agreement and continuing until paid or released, \""iH
constitute and bc a licn in the amount of One J\lillion Two Hundred Eight Thousand Five
Hundred Ninety Six and 45/1 00 Dollars ($1.208,596.45) on the PROJECT'S property and
Dwelling Units which lien may bc j(lreclosed upon in the event of non-compliance with the
requirements of this Agreement. Provided that the OWNER is thc mortgagor, the COUNTY and
OWNER agree that by, and in consideration of. a sccurity collateral being provided by the
OW:\ER to the COUNTY as further described in that certain Tri-Paliy /\greemcnt by and among
O\VNER, COl'NTY and PNC Bank. National Association. us escrow agent !in such capacity,
"ESCROW AGENT"), dated as of n en date herewith (the "Tri-Pany ,^.greemenCl. that all of the
COUNTY'S lien rights and any other interests arising under this Agreement arc to bc considered
junior, infcrior, and subordinate, in lien and payment. to each first mortgage on the PROJECT,
including tl1at eertain Mortgage, Security Agreement, Assignmcnt of Leases and Rents and
Fixture Filing, dated as of November
2007. by OWNF:R I()r the benefit of PNC Bank,
4 of 10
Agenda Item No. 16D19
November 13, 2007
Page 6 of 27
:'\ational Association, as mortgagee (in such capacity, "MORTGAGEE") (the "PNC Mortgage"),
and to the licn and payments secured by, and due under, the PNC Mortgage, Except as elsewhere
nofed in this Agreement such licn sball be superior and paramount to thc intcrest in the Dwelling
Unit of any owner, lessee, tenant mortgages, or other person except that this lien shall be on
parity with any lien for County taxes.
g. RELEASE OF LIEN. Upon satisfactory completion of this Agreement's
requirements, including payment orthe deferred impact kes, the CO] 'NTY shalL at :he expense
of the ('(Hn'<TY. record any neCl~SSar) dncurncntation c\'idcncing such payment. including hUT
nut limit('d to, a release or lien.
q
BL'WI:'\G EFFECTlhi,
:'~ha; I :,V
;..r(IC'n Ln,..:' fJani(>; 1. :h1S
1,11~!r heLts. :';UC(.>:::':::"ors. ~l:-rj
m [:1C '~~asc of ,)ak "i
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LJv.e1ling LOin:!. the original ()'v\'h;) R ~;ha!1 remanl
J'.'1 lhc:rr:p:.:;."
ClI.iU! ";\1>'-1
impaCT fe,.::s are paid in fuJi.
] (l, RECORDING. This Agreement sball he recorded hy OWNER at the cxpense "1
OWNER in the 0111cial Records of Collicr Count\', Florida within sixty (()()) days after cxecutlon
of this Agreement bv the Count\' ManaJ,(cr.
-- . ..' '-
1], DEFAUL T. O\VNER shall be in default of this Agreement:
A. if OWNER fails to rcnt thc property in accordance with the affordable
housing standards and qualification criteria established in the Impact Fee
Ordinance. and thereaJier, Etils to pay the impact fccs due within thirty (30) days
of mailing of written notice of said non-compliancc,
B, if OWNER continues to violate one of the affordable housing qualiiication
criteria in the Impact Fee Ordinance for a pcriod of lifieen (J 5) days after mailing
of written notice of such violation, or
C. with respect to the Amlual Report, once a fifteen (15) day grace period
from the date of the report being due has expired, the OWNER will thereafter be
in default.
5 of 10
itf~rn i\lO, tJ'..'
hjc~\I7Tnht=:rl '3, 2'~iCi
Flag:? 7 of :2
J), Coullty agrees to accept or reject cure tendered bj ClllY partner of Uwner on
the Sa111C basls :!S if the Owner tendered such cun:~. ~utic~ 10 Ch\.!ncr shall
COl1l'Un"CntIv hc> pn)\jdcd lu !lS limih::J part.ncr:-: ~llld lu LSCRO\\" /\(;1'>,)"1 (Set'
auachc'd nOLle....:: in!(H"IYlatio!1.l
L., REI\JEDIES. i 11(' hllld\\:inu remedies ar~ cumttlaTJ\'t:: \vith an~ other right or
rcm.:.'d\ ;)\'(11 lab!:: In the (()I '\;'; 'J .
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()\\ '~r-'R. lh~ C\j: "'<'1''1' n-I;]\ bring J c;\il actinll Lu Cni~\JTC The- \grcC'rn'.:~I1t.
C. In addnipl1, tbe lien '11:1) b~ foreclosed. or otherwise cnf,)reed bj the
cut >rrv, b) actJon l)f sun III cljully including. the foreclosure of ~l mortgage on
['cal propcl1y. The COU\TY shall k entitled to ITCO\-eI' all fees and costs.
including atlOlTle}' s fel's. plus interest at the statutory rate for iud!.l111cnt.s
calculalcd on a calendar Jay hasis until paid.
\:ot\\"ilhslanding 311Ylhing in this Agr..:>~'m(:nt to the contrary:
la) If' a default or cv\;;nt of default occurs under this ;\grccmcnt and is continuing,
CUl.'NI Y agrees thJt, witbout the prior wri1ten consent of lvIORTCiAGEE. (OUNTY \Viii not
commence foreclosure proceedings \vith respect to the pn.Jpcny or cAcn:isc any other rights or
n.-medies it may hCi\'c against O\VNE'R hereunder. a1 law or in equiTy. including, out not iimitcd
to. accelerating the indebtedness evidenced by this AgreemenL appointing (or seeking the
(\ of 10
J\genda Item No. 16D19
r,ovember 13, 2007
Page 8 of 27
appointment of) a recciver or exercising any other rights or remedies hereunder unless and until it
bas given 1\10RTGAGEE at least 30 days' prior written notice at the address set forth in the
attached notice information: provided, hovvcver, that nothing herein shall prohibit COUNTY
from receiving payments in accordance with the terms and conditions of the Tri-Party Agreement
of amounts then-available, and interest thcrcafter earncd on such amounts, in thc cscrow account
maintained bv ESCROW I\GE'\T. pursumll to sucb Tri-f'arly Agrcement:
(11) OWN[]{ agrees that. upon the occurrence of a default or event of deCluH under the
PNC \lortgage. o\\/"<r:R sh;:il prumpll:'
nolice or' such cir.::'t~lU]l tlr c\/cm (11' dei~lult H,
'/"tl '-', ".,\.
" ",_.,' \ J !
and OW~',il R
:~'l:::rc'es
'Hd t"lmakc' ;my li,lymt'n'L';
or j1ursuant to
']"11 -:inci
;"ui. no!
i L~'rJ ~ .; ).
:Inc:'csl. Jdd!!ftmal ntcr'~"~t.
default i:Hc;-',:~L :;tllUl,'ry lut::rC.':<L dlurnc\ ":
(,\r' :l.n\ (,lher ~:';Li:Tl~: .:::.'\-ic]crh::..:J
and secured b~, thi.:;: /~lgreem('n:) withc\u! the \\TiUcn:,:,oT1scnt c,f\JCJ!{TCi/\CiEF: and
(e j COFT";']"'{ agrees thm, ancr rccl'ipl or notice of default under thc I'N C Mortgage li'om
MORTGAGEE, with writ1en instructions directing COU'\TY not to accept payme111s from
OWNER on amounts arising hercw1dcr, and secured hereby, COUNTY will not accept any
payments under or pursuant to this Agrecment (including, but not limited to, impact fees,
interest additional interest, late payment chargcs, default intercst, statutory intcrest, attorney's
fecs, or any other sums evidenced and secured by this :\greement) without the written consent of
!\-10RTGAGEE: provided, however, that COLNTY may, in accordance with the terms and
conditions of the Tri-Parly Agrecmcnt accept payments of amounts tben-available, and intercst
thereafter carned on slIch amoun!, in the escrow account maintained bv ESCROW AGENT
pursuant 10 the Tri-Parly Agrccment.
7 of 10
f\genda Item No. 16019
November 13. 2007
Page 9 of 27
OWNER and COUNTY agree and acknowledge that PNC Bank, National Association, as
MORT'CiACiEE. is an intended, third-party bencliciary of this Agrecment.
13. As the amount of impact lees being deferred by this Agreement is an estimate ba.:;ed
upon projected impacts \\'hlch \\'ill not he precisely kn(Wdl until btlilding permits arc issued for
the subsequent construction of the units contemplated as part of this Agreement, the OWNER
and CCH iNTY acknovlcdgc and ~lgrcc that either Pan)- m3Y he required to make adjustnlcnts f()1'
payment nf ~lll:' impilcl ll'l's \,,'hid: lTl.:1Y he due dho\'c (ind beyond lhe J.1Tlounl of LhlS deferraL
Such iidi1.lqmcnts \\-11] he'!n ihL' ;'(i~'n'l d' ,Hi a;l1::ndnicn: k illl.';
((, ;11'..: dnij~lr ,J.111('l.:11; ('
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8 of 10
Agenda Item No. 16019
November 13, 2007
Page 10 of 27
IN WITNESS WHEREOF, the Parties bave executed this Agrecment on tbe date and
year fITst above written,
Attest:
DW1GHT E, BROCK Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Bv'
./' ----
By:
, Depmy Clerk
JAMES COLETTA, Chairman
vVitnesses:
OWNER: Crestl'iew Park II, Ltd,
a Florida Limited Partnersbip
C:re~\'i(:"'Y\" Park i-I..
I l1'il~ ~, N arne __>~':!k!:'~~:,~~~:_i\:,~
"
. )~:~, ,-',;j,. .~ ," '. ;.;-;:,..
i'rll11'''''aJ''"_ ." Wh1fflev +nemesu
]:'rin1
ride: J'v1anager
STATE OF FLORIDA
COUNT'r' OF COLLIER
The foregoing instrument was ~nowledged before me thi~< day oG-sffMfi2, ,2007, by
Lloyd .J. Boggio aS4tl!::..~:-,,/~~L._ for7 C 'CC LL&L ji(;:'''''z,<<whose is
personally known to me or"l1as produe'ed as identification,
-~-- -- -- --- --"'-~---'--
[NOTARIAL SEAL] .....
...", , ," ,~,..,>Hj~..~'~~':/
"",.uu~.~~.~-NE '~~I\'SAR hP,I' I....-MC.&:..
: MARU:., ""c ""it r.:JDS8978?
: ." '~~IUf", ~ om' ''"" .
._ ,,^.)" \ J
t!~~~;f~i?...:~:;;~~,;~::,:;.~,;,,:;.i:;,.;
(Signature of Notary Public)
MIJI!.LWC: <),</1-/4"1';:2-
(Print Name of Notary Public)
A.pprove~. as. t...1f ......001JJ;l."lr nd
legal suf~Cici~
4(;1 r' I~
\ ,'iVJ
Jcffrcv A. I9at~kow
Chief-Assisj;"n~!coul1ty Attorney
r t
'-'\
t ~;
~
Recommend approval:
.f
c
,
'-.,.
,-Marty Krul~bine, rUector of'
Housing & Human Services
9 of)'"l~ ff-,
Agenda item No. 16D19
Novembel' 13, 2007
Page 11 of 27
blOIJCE TO LIi\11TED PARTNERS OF OWNER, ESCROW AGENT AND
\10RIGAGEE
Columhia i-lousing SLP CC1rporatll.'I1
121 SW. \[orrison, Suite i;1300
Portland. OR 97204-,,143
/'.!tn: Fund Manager
CoJumbiiJ Houslng/P'\!C instiuniunall'und XX Lin1ilCd Partnership
121 S.VV'. \1orrison, Suite ]"00
Portland, OR (n:~04-~~ j.l.i
/\l1n: Fund \'Jan:Ulcr
Fh,JC .\1uJul:..unily Capi:.aj l~h1ltUtj(lii~li .'~Fjd "\XV L~rniL'd i\:nncrc.;hlf'
1 =-1 <.::. \\ . \/~u:':'is\~'n_ ::".li~(' 'i(1
urz (); _,:'}J.. .
il\1: :i:'ji._: ("
ff'<( j-1:1nk. ;:i':
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':::'(10 /\ .),~'n:,'_T~~on :<trcc' ."^'.J'L::.
Ln~ll-\' ik. i"~'>-,-,,._,
,-\tln: Cnn11ncrci;i! F.c;ti 1 ~.~~i"j::,-' t ,(i:I1l"\ci:~liT1L~tT:ninll
III of 10
Aaenda Item No. 16019
~ November 13. 2007
Page 12 of 27
.l'i/,ti!'''-'' ,'-, ",:]'"
1 ~,'{F":hP; :'.~ - line"','::",:
,!:-<L
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EXHIBIT "A"
HM ptl(Jj::'~,;" ;;/,:-)(,11 1.J6
-:31.:;?()iXi
R::.F DI.\lC:; ;:8 :)/~3"~
:\1(:;8' i/2
LEGAL DE.SCRIFJT!DN
!\ P!\PCF' Or-'i,i\NrJ OeLTEC' 1\) /\ :':'''~::;<-~:()\J 1"Ir
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~-'t,:,-;~:S :].1 '-~-tHCi'_.' :~H f:-
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.:, THFr'J~F RUr\~ f"J(-)9 0706"E FOP_ i\ DI:3j~,N-C:E ':::r !U'::;':'--~(i FE:_Ti:
:-;1 ll-H~NCE PUt'.; N?G 1 ~__)'50')'F. f::()R /:, D!S-;/-'I~,!l~,[: :':::F :")~\/9 FTCl
OJ T!:tJ~CE F?UN I\:.D800'08''I:::., j--OR /\ DIS':-fd'~:~;F OF 1f):~.E;7 ~~FrT;
n 7HENC[ RUN N.OI ~'6'~~S'E., FOn fl., DIS'[ ;\NCf:: OF 122 15 r::=ET:
:n THENCE !:::;UN r',L7T38'~"'9-'V~t' , FOnA. D~ST,t..NC[ Of :36.70 F~ET:
~t) fHENCF RUN N. 8'OT:?2'\'V, rOn i.. D!ST M'~CE OF 11.:J8 fEET:
10) THE.NCE RlJN N.OE'lE"IE F. "OR /, Di:3TI\t,CEOF53.13 FEET
11) T;-iENCE HUN N.66'''~ 7'~En:. .'~OR 1\ DISTANCE OF €6.36 FFF7,
12) THF,!\lCE RUN S ~e'~)::'1 ~r[ f-C:.n A, DIST Ar\!'8E: Of; 1G2Si F- !~,L1
L~) TH~~'JCE RUN S.G:,"S4'l)fiF.. ::OR A DI:-;~TANCF OF ~1~i03 FFF::-:
1 .11 TH[~~C[ F~UN -S_58"21 'D:J ~~.,:C-,H.A DISr A!'>.JCE OF ~):',:U F::.L:::T:
1:,.) iHFNCFRUN i-..L72"18'S2':: FOR.A C".llST/'J-JCC or 8T20 FCCT.
15:1 "i f-H::_i\JC~ hU~\1 S.-39"4-4'2T'E HJR'!\ f:~I\:' I M'-le:::- C);': ~;':1,9-S, =FET
1 i'i THENCE RUN N.64"8C~"'E . IClH;. OS! M:Cl. or 1:7 :'2 ,["I
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Ht}N S5S'4G';,?f)"r~., H)F P" D!~~TANCF ():::'LJ~J.;',18 FEE--; T~E~~CE ilUN N.88"49'O"i'i=", FOrt /\ D!STM'~C[
:~.+ ~6.T3 f-EE i; 'J 11lNC~ RUN N.Di 1 0'59"\\1.. ~OR !\ [)fS'j ^f\J(:E- OF .:~ooo FEET. THENCF RUN
r'~.B8'-,:f/Q1",::::.. f"OR A DISTANCE e'F 12'JJ{-) FELT 1C A 0DI~~T Of\' T''hfl. hAs:r Lf~~E ()F SAID 'T8.AC'T 2,
THENce nUN S,{)1;';I'O,~T, .A.Lor'-JG THE EAST Llt-',j[ OF 2").tl,IU Tr~ACT:'::. FC'RA Di~lTtl,t'JC:~: D!~ 3~7::;5
FE::-T TO Tf-'F F():~fr OF BEGINf',Jif\-JG; c;Qt',nfIlNiNG 9,~+S2 ACflES, r.,,1(18E Clr:\ U~:SS
THS PMOPER'iY SUB-lEer ":-0 F.i,\SFMFI<-:"::;, nFSER\(!~~IONS ()R RESTF<lC'TrONS OF RfCO~D
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,b.genda item No. 16D~i 9
NOV(3n1ber 13, 2007
Pa~le i 3 of 27
EXHIBIT "A"
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1 ,':, -: ,'2':~1'~:'(,
=!;: F ',',,'''' ,:S'~:, ";,1
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...1,: ;::'L,.:.\~': i;~n!-,Dr ':.S :--:L(;C;Fl~)CL_: !i',~;..J; i, ::,:I,:1}'
-~I;- -':-,1 'I\'T ,- I'
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1'1212
Road
J.JvlS <1.500 sf
('ommunity Parks
Rt'~~innal Parks
r ,Jr;'arit"<
: 1r;'cctiC):1:ti l:lci.ii[i,~'s
~ChClOj
C;o\'crnmCn1 Buildings
EXHIBIT "B"
CRESTVIEW PARK
COLLIER COUNTY IMPACT FEES
RATE
$6.210(10
S 1 0059
S750.00
'f I ,65(J,O(l
>"J6g,1 g
~q:'i
jO(lO
La w EnforcemenL~" ,,----'il7 I .6] "
TOTAL
*Based on square foot calculation
llNIT
96
()6
q6
l)(}
q()
'}(,
.uo
[ih
(j()
96
5> I ,208,59645
['(HAL
$596, 160.00
$9.656,64
S72.CH)(i.OCl
~~ 15q__~64.tIO
::; ~). .~",: S, 2 ;,~
~;~.:;_~;~~ i.'i""
~'-+ .~. III'
$16474,56
Agenda [(em No. 16D19
November 13, 2007
Page 16 of 27
Aaenda H':.';1ll No, 160; 9
~ r,ovember 13. 2007
Page 17 of 27
TRY-PARTY AGREEMENT
.?trnong
CRESTVIEW PA,R,{ U. IT!L
."
p:irtncrsll
~'v,,, ';~:'
COLLIER COI.1NT'I'.
d pulitica] subdi\~isiol1 of the State of 'FJoricl.:L through its HO;:lid of ConlD1issioncrs
(the "County'"),
and
PNC B.A.~K, NATIONAL ASSOCIATION
(the "Escrow Agent")
jl,genda Item No, 16019
November 13, 2007
Page 18 of 27
TRI-PARlY AGREEMENT
THIS TRI-PARTY AGREEMENT ("Agreement") is being exeented as of this
day of November, 2007, by and among CRESTVIEW PARK II, .LTD" a
Florida limited partnership (the "Owner"), COLLIER COUNIY, a political subdivision
of the State of Florida, through its Board of County Commissioners (the "County"), and
PNC BANK, NATIONAL ASSOCIATION (the "Escrow Agent") (collectively, the
"Parties"),
RECITALS
!\ The Owner is the owner of certain rea] property (herein referred to as the
"Premises") located in lrnmokalee, Collier County, Florida,
B, The Owner is in the process of cmlstructing upon the Premises certain
IlnprovCD1ents and appu,ncnances (ben~in reJciTf:c1 to ;;'tS the ;"Impro\'ernents" <1.nci
together \\'ith P:rclni's(~s [0 (I.'';; "P'roiect") to cons-ist ,:':,cDcralh' of an
,,1J
Jl1JprOVerrWl1L.S as In:lY
(}\,vner ~b{-' h?v(.,' :rno a
100~6 Deferral Collier COHJ1t:V Irnpact r"ees for 2vluIti-FanJily J\Jfordable Housing dated
November _...._,2007 (the "Deferral Agreement") with respect to the deferral of certain
impact fces in the amount of 81,208,:;96.45 (the "Impact Amount"), ail executed
copy of which Deferral Agreemeut is attached hereto as Exhibit A and the terms of
which Deferral Agreement are fuIJy incorporated by reference,
D, Owner and County have reasonably estimated that an amount equal to
$1,208,596-45 (the "Escrow Amount"), when invested as permitted herein will be equal
to or greater than the Impact Fee Amount, when the Impact Fee Amount is finally
payable by Owner to the County pursuant to the Deferral Agreement.
E. The Owner agrees to place the Escrow Amount in escrow with the Escrow
Agent under the terms of this Agrecment as satisfaction of its payment obligation under
the Deferral Agreement.
F, The Escrow Agent has agreed to hold the Escrow Amount and deposit it in
Permitted Investments (as hereinafter defined) pending the date on which the Impact
Fee Amount is finally payable by Owner to the County pursuant to the Deferral
Agreement,
G, This Agreement is being executed to coordinate the aforesaid financing
arrangement.
::>.
Aaenda 1t8m No. 16D"19
.. NovE'mber 13, 2007
Page 19 of 27
IN ORDER TO I:\1PLEMENT the above facts and understandings, and for value
received, the Parties agree as follows:
ARTICLE I
REPRESEl\'TATIONS A..l'>JD AGREEMENTS OF THE COUNTY
The County represents and agrees that:
Section 1.1. Full Foree and Ejj'cet. The Deferral Agreement is with the Owner
and is in full force and c~ffecL
.\nlou;Tt :-,ha]]
qf Escrou.' A,J1l0unt. T:1(-; P;'Lrtics dgrec 1
C'f)ntnl1~~'< containt'd in the Deferral Agreern(:~nL
\!\'lth Escrc.\\.v\~e:nt. The PartjC'~ ::lQTe'2
,-I ~lt.
the
St'('1jun I;er}(Jsit
notv/ithstanding anything 1:0 thE:"
Escro\v /\n10u11t ~hal1
rhe
Escro\\
':": ;'!lP C(jUTlt-:",-:
, , .,'
;l!__'lLUT
tt'
I '-,---q,
,','..'
:;'1
'~;f": .:
Ci\'
""i"_':~';:" ~;. Jrrpestn:1ent f1.fh'sc!'"OH.' .A,rnount.
Ch-\TiC!' rn;:i~~'
{':;.;crn\\"\.1T~ () '; ~ n t
")/);rn
ri"-(.'Slr;':c:.:t~,
~" ~'onne(..ti()n. \\Ci~h
;r'y Dern1itted Inv~~.st'nle:nt,
i':scr(Y\\~ /"ge.nt. '11;:)Y
"'Ilt' '''1' ]"1-;-(' ~:\n",'p'--'''nll"..,t,- ;''''lc-i\)c'!]'''}(y f,')'''''')'''rl :l,]","l"~('l-~ ,,(p-nOnl"]lts' \\'it,', tJ'f-l ('f_,l'!i)]' rhcn--.p()'
~" __. .l.J..'h'....."-_.. ,-"d."." '--" ,. J..,,-" ,q'.ej, !,'-l.,_,..,~;.',(l,":"l'---.'-..,..,- _c~ ..-' '.'~;:l..~,..., L. "l,,--, 1,
.\1ont~ys in all funds and account;:; ~,hdll he invested in Pennitteo Investrnents lTlat1.Irlng
not later than the date on which it is estimated that such moneys will be required for the
payment of the Impact Fee Amount under the Deferral Agreement. "JI interest, profits
and other income received from the investment of the Escrow Amount shall be retained
in an account established by the Escrow Agent for that purpose,
Section 1.4, Permitted Investments. "Permitted Investments" means:
(0) Government Obligations. being direct obligations of, or obligations
the full and timely payment of the interest on and principal of which are
unconditionally guaranteed by, the United States of America. including
obligations issued or held in book-entry form on the books of the Department of
the Treasury of the enited States of America and including any receipt. eertificate
or any other evidence of an owncrship interest in such an obligation or in
specified portions thereof (which mav consist of specificd portions of interest
thercon):
(b) Bonds, debentures, notes or other evidence of indebtedness issued
or guaranteed hy any of the following federal agencies and provided such
obligations are backed by the full faith and credit of the United States of America
(stripped securities are only permitted if they have been stripped by the agency
itself):
3
Agenda Item No. 16019
November 13, 2007
Page 20 of 27
Farmers Home Administration (FmHA) - Certificates of beneficial
ownership;
Federal Housing Administration Debentures (FK"-);
General SeJ:\~ces Administration., Participation certificates;
Government National Mortgage Association (GNMA or "Ginnie Mae") .,
guaranteed mortgage hacked bonds and GNMA guaranteed pass-through
ohligations (participation certificates):
U,S, Maritime Administration., Guaranteed Title XI financing;
lj,S, Department of 1 rousing and Urban Development (HUD) Proiect
notes and 10c;J.1 authority and
',1 <T(.>;",r" ,: -"11' : iT d"'!'I'I','Tl{' "i-:;t--\," "1'-" t 1,](;" ~lI111" -t-"",-,] SI-'-li po:;,; ,A]l.'",'l-',:('~{,',
L'h"'''' .....~. '., i,.""b'_ ,. , k d. \( }., -J '.' , .... "." i.\.._'- k.. L~. .\.,~, "- ~ ,
iCI Bonds, dehentures. nctC's or other e.vid_ence
riP Q'P"lJ"l1"ltL.nr1, ',\'-1\' ',1\ "J",-!-:'111 ~p-jd
,,' ,-,dl ..c.... ""__~ . , .. j ,~ ~.l. "
'.,'(It'.,"!,[,,]' ''''';' (\;tp~T-"I-,(,(l ,,;:v,'U"]' +-j' es '-lr"~
( -.:':J ,,' ~, "H_' ".~'.< 'll 0" ,- _. __.,-. __' 1 t _'" C,. '-
lndehte(lne~j.s iSSUf'd
t~nitcd States of
:~,(Xl-rrl]' ",--+,,,,(1 ',' r
;" '~_' ,,1 " '. I I
F~~dera] HonE:' Loau Bank Svstenl - SenicJ;' debt obbgatiol1s (consolidated
debt obligut'ioTls):
Federal Home Loan Mortgage Corporation (FHLMC or "Freddie Mac") .,
Participation certificates (mortgage-hacked securities) and senior debt
obligations;
Fannie Mae - mortgage-hacked secuntles and senior deht ohligations
(excluding stripped mortgage securities which are valued greater than par
on the portion of the unpaid principal);
Student Loan Marketing Association (SLMA or "Sallie Mae") - Senior debt
obligations;
Resolution Funding Corp. (REFCORP) ., Only the interest component of
REFCORP strips which have been stripped bv request to the Federal
Reserve Bank of New York in book entry form;
Federal Farm Credit System - Consolidated systemwide bonds and notes;
and
Any other agency or instrumentality of the United States of America;
(d) Money market funds registered under the Federal Investment
Company Act of 1940, whose shares are registered under the Securities Act of
1933, and having a rating hy S&P of AAi\m-G or AAArn and by Moody's of Aaa;
4
p"genda item ~jo, '160 9
f\wvember 13, 20 7
Page 21 of 7
(e) Certificates of deposit issued by a state or national bank or a state
or federal savings and loan; prmided that such certificates of deposit shall be
either (i) continuously and fulJy insured by the FDIC; or (ii) have a maturity of
not greater than 365 days and have the higbest short-term letter and numerical
ratings of :'vloody's and S&I';
(f)
by FDIC;
Savings accounts or moncy market deposits that are fully insured
Commercial paper of "prime" quality rated in the highest rating
category by "vloody's and S&P, \\'l1ich commercial paper is limited to issumg
"(ll'nor'lt;on, t1""J..t ~~P' q'rWLT1;z,.:.n ~u~d orW'''ltin(l \Vit~li'll.lH::"' U")it~"d St'ltp,.
,-""t. U .J._ ,__ ~j~ c. ,--. ". ',~c. t..'-_.-. '.. 1,- .t .,J.( b'" u.. ,.. -,-. ~ '--. -',"
,n i ~)ond.s ':'f ~lUtf:'~; ;s.suC'd b:' troy ~~tate or 111unlejpaJit)' V\:-bich are raJed
hy :Vlondy's and S&P (rne ,,1' -\\'-:J ~liS:J)(->:;t IODg-terrn fi.ltlIlg categories
::!sslgned 2,:2,Cnc')("~~:
j!U~
\\':]1(:['; ,;]":'
,'-'
:'-Y,\-
f\xlcral
lJ(ili
dcccptan('e,~ \\
arv
,\'1
~\8:1J: 1"'('"
;T1~ll__:~" ':.'aLl1( t ":<'(",'c1 :.-.~ (\
Fen~lT::ha;-;C' ;-1,'2)'('c:rrk'iltS ~,yith n1;ltnn~j,::,;,; ('ither ,I 30 or
less, or (H) Ie'ss than U:F:~ ';.'<C'~lP 'id(~ci~h:it the colLltcra] is rnarked-lo-rnarkct
daily, entered into \vith 1inanciai institutions such (~s banks or trust companies
organized under state (Jf federal law, insurance co:mpanies, or governnlcnt hond
dealers reporting to, or trading with, and recognized as a primary dealer by, the
Federal Reserve Bank of New York and a member of SPIC, or with a dealer or
parent holding company that is rated A or better bv Moody's and S&P, The
repurchase agreement must be in respect of Government Obligations or
obligations described in paragraph (b) berein, which, exclusive of accrued
interest, shall be maintained at least 100% of par. In addition, repurchase
agreements shall meet the following criteria: (i) the third party (who shall not be
the provider of the collateral) has possession of the repurchase securities and the
Government Obligations; (ij) failure to maintain the requisite collateral levels
shall require liquidation; and (iii) the third party ha\ing possession of the
securities has a perf~~cted, first priority security interest in the securities:
(k) Any other debt or fixed income security approved by the Owner and
rated in the highest rating category by Moody's and S&P, including prerefunded
municipal obligations:
ARTICLE II
REPRESENTATIONS AND AGREEMENTS OF OWNER
The Owner represents and agrees that:
:i
Agenda Item No. 16019
November 13, 2007
Page 22 of 27
Section 2,1. Completion of Improvements, The Owner ",,-ill prornptly
commence the construction of the contemplated Improvements and agrees to proceed
toward the completion thereof with good faith and ,,-ithout undue delay in accordance
with the plans and specifications relating to Crestview Park II Apartments.
Section 2,2, Payment of the Impact Fee .4mount, Prior to November
__, 2007, the Owner agrees to pay tbe Escrow Amount to the Escrow Agent for
deposit and Permitted Investment. The Owner agrees and acknowledges that the
Escrow Amount shall be nonrefundable to the Owner. The Owner agrees and
acknowledges that the Escrow Amount will be held solely for the benefit of the County.
'I1Je Owner agrees to direct the Escrow Agent to invest the Escrow Amount in Permitted
I nvestments, The Owner agrees that if the moneys in the Escrow Amount, as the same
mav be increased bv interest and earnings in Permitted Investments between the
dcposit of the Escrm~ Amount and the date 'onwhicb tbe impact fees arc payable under
the Deferral Agreenlcnt al(', insufficient to pay the arrlounts ovved under the Dcfe:rraJ
,-\.greement then the Owner sball be responsible fur such insufficiency and ,he Owner
Further ::lgrees that tbe .s rjg.hts Llnd r~rnedjes under shan
:lpply,.vj to to
S"chu[] ":';, Representations and Cot,enants Regarding Low-income
I:lousftlfJ'. agrees that the County is entering into
this tn~nsacticHl prOVISion of housing person~
hn,,' and 111od(':.ate inCOll1C' \1\'lthin County, FJorida. To the ()\.'\,;!E~r bereby'
represents and covenants \vith t11e County as folJov\'s:
(a) The Improvements will comprise one or more similarly constructed
dweUing units, each of which ,,-ill contain separate and eomplete faeilities for
living, sleeping, eating, cooking and sanitation for a single person or a family,
including a li\-ing area, a sleeping area, bathing and sanitation facilities and
cooking facilities equipped with a cooking range, refrigerator and sink.
(b) None of the dwelling units in the Improvemeuts will at any time he
utilized on a transient basis or ,,-ill be used as a hotel, motel, dormitory, fraternity
house. sorority house, rooming house, nursing home, hospital, sanitarium, rest
home or trailer court or park.
(c) illl of the dwelling units will be rented or available for rent on a
continuous basis to members of the general publie and the Owner "ill not give
preference to any particular eIass or group in renting the dwelling units in the
Improvements, except to the extent that dwelling units are required to he leased
or rented to low-income tenants and persons or families of moderate income,
ARTICLE HI
REPRESENTATIONS AND AGREEMENTS OF THE ESCROW AGENT
The Escrow Agent warrants and agrees that:
6
!'\QEHlda item r~o, H)[i: 9
t~O\!p!rlher 13. 2007
Page 23 of 27
Section 3,1. The Escrow Account, '[be Escrow Agent has agreed to deposit
and invest the Escrow Amount as set forth in this Agreement on behalf of the Countv,
Section 3,2, Acceptance ofPerfiwmuncc by the Owner, The Escrow Agent
\flrill accept theE~(T(l\,\' Arnonnt frorl1 the (hvTlcr, '111c ESCfO\V ;\gent (lgrccs and
acknowledges that such Escrow Amount shall he nonrefundable to the Owner. The
Escrow Agent "hall deposit the Escrow Amount in Permitted Investments as directed by
Ovvner.
Section 3<3.
the ESCrCJ'/ll ./\nlount
I>isburserncnts, The EscnnvAgcnt agrcc:s to prOlnptJy disburse
and all interest (lnd L'arni.ng.s thereon to the C;:)unty upon rE~C'cjpt of
C\l1HH'" (jt~j'~.:'n'c(i irnpac.t f(''21"..; ,:!P::' "llU\.V due lnd P;:lY;:lbh\ in
ternl\..; ,-:rid "imdi1'10Tl:':' !1 \sreenlcni ;u1d the :::: C\H.k:
;:1 den:and lctt~~r
aCC'l)1"(jance with the
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()+11E""'\\'l'''C' Il('t ',V--" ');,_\))1,,--, -f()'~ "\11\' "'ll';;;;+'ll'f.ll.:' nT" r..,"t I"r l'j~']'()l'" ()r Il)(1'Pl1""11 ('1' \""1' '~r'\' 'JC"+'" ")'r
..LJ .,1 ~. ..'. ,~,'.H'__''''','-'-U. J.e _,l,~h.,.,,'V Ju~.. '.j, ",,~, .J, ~b-' ,-,.'.", J '._ (''', c..~..'\"
omissions of any kind except it O\\~l willful misconduct. The Escrow Agent shall have no
liability to Owner or County arising out of or related to the transaction or agreements
between Owner and County,
ARTICLE IV
MISCELLANEOUS A..~D GENERAL PROVISIONS
Section 4.1. ,'Vooces. Anv notices, directions, consents or other communications
required or permitted to be given hereunder shall he in \Hiting and given by registered
or certified maiL addressed to the Parties hereto, at the following addresses or to such
other addresses as the Parties rnayfor themselves designate in writing for the purpose of
receiving notices hereunder:
Countv:
Collier Countv
Housing and HUIll;:U1 SelYlCl'S
330J East Tamiami Trail
Naples, FL 34112
Attention: Marcy Krumbine
7
Agenda Item No. 16019
November 13. 2007
Page 24 of 27
Owner:
Crestview Park II, Ltd,
c/o Carlisle Development Group
2950 SW 27th Avenue, Suite 200
Miami, FL 33130
Attention: 1\11'. Lloyd Boggio
Escrow Agent:
PNC Bank, National Association
500 West Jefferson Street, Suite 2300
Louisville, KY 40202
Attention: Commercial Real Estate Loan Administration
'Nith a eapy to:
Columbia Honsing SLP Corporation
121 SW Morrison, Suite 1300
Portland, OR C)7:204
Ad:telltio~]; Fund ~vjanager
(~()lurnhi(t
F;:uinershi1)
~ il\J (
F\:lrl:1 (:' L) I'li P
:21 S\V. Ivlon'-iso!l, Suitel::)ClC'
Portland. CH\.972CL:l-
\ttn : Fund [\-1anager
InstitlJtinnal Fund XX I.,td
l:7:1 n d XXX-~,/t
Section 4,2, Governing Laws, This Agreement has been negotiated, made,
executed and delivered in the State ofPlorida and shall be construed in accordance \\ith
the laws of said state.
Section 4,3. Binding Effect, This Agreement shall bind and inure to the
benefit of the Parties hereto and their successors, heirs, executors, administrators and
aSSIgns.
Section 4-4. Amendments, This Agreement may not be changed, terminated or
modified orally or in any other manner than by agreement, in writing, signed by the
parties hereto.
Section 4,5. Headings, The headings in this Agreement are for convenience of
reference and shall not be construed to modify the terms hereof.
Section 4,6. Counterparts, This Agreement may be signed in separate
counterparts and shall be operative when each party has signed a counterpart,
8
Agenda Item No. 16D19
November 13. 2007
Page 25 of 27
IN W1TNESS WHEREOF, the Parties hercto have executed tllis
Agrecment in manner and form sufficient to bind them, all as of the date first above
written,
ESCROVv AGENT:
P;-.JC BANK, NATIONAL ASSOCIATION
I-~\': ",'__._'~__'______~___~'~__"_ _.__....,_.....___.____~____
Name: Wendv Bade
Title: Senior Vice President
t\\'\:~.,P.:
REST\-l ~:'~\'\ ?'\RE II,
i;;lrtner~nJn
BY: TCG CRES1VIE\\' PARK 11. LLC, a Florida
limited liahility company, its general partner
By:
Name: Llovd J, Boagio
.' b
Title: Manager
c: \\ov - P KC; \.:-:\4 75(,\ 17g '-,,'l',i. Pat.t~. Agl'l~'c'!nen! -.2 .due
9
Agenda Item No, 16019
November 13, 2007
Page 26 of 27
COUN1Y:
BOARD OF COUN1Y COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
,J/\J\1ES COLETrA, Chairman
TE OF FLOE1D\
COlT1\l'Y OF COLLIER
;_()rc.~g()1ng h'a:,
:~oYen1ber, ;2()O'7 by .)<:lllleS
K1H)\Vn t (1 lTl C.
CI"lairrnan. 1))1
cot
Ht'IS
Signature of person taking acknowledgment
Name of Acknowledger Typed or Printed
~ I
APpl.\o.. V.' ~..~.!IIk >>fufrrl~~d
leg~f~~JJ'f~1ncy:
~
" ; i'!~ \.
,Jeffr~' A. [~lai~ow
Assist~nt Y.f... unty Attorney
I U
. "
G: \\V- PKG\34 750 \178\Tri- Part)' Agreement-2.do(:
]0
Page ] of 1
i'lJ'_"IH.Ja Hem N0
, !'J(wernbCI i:;'
Pe[!(- [:'
COLLIER COUNTY
8~)ARD OF COUNTY COMMISSIONERS
Item Number:
"["3
Item Summary:
I~G ',)~:'li,~I~dmlur- thi1t !lit, [;C;<1 ," 8\ C, untv '..,IJIT'n11~'.iI~,~pr" il~;prc'-' s_ 2nd ;;liP"criz\"". !I'e
tn 'I~'- ,:Pr- oFJ'('f,nler1' 2.ro i I rc'Hf'.... ;.'mICH'lel^' ','1!h C r"st~If'\" ::>Olr" t"
- 'vc'!' ,'0'1 fe;' ')~_'~r';';;
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Meeting Date:
:'0-
':;
Prepared By
crank R~ms"'\,
;;~liP ';r"g'~l'r, '~-."'.;;':i"Ii".M
D,ne
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. '1,<:,,-'200-' jf~ 0"'0'1 AM
Approved 8y
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file:l/C:\AgendaTcst\Export\92- November%20 13,0/0202007\ J 6. %20CONSENT%20AGEN..
111712007
Agenda Item No, 16020
November 13, 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 Dezilia Vital (Owner) for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing unit located at Lot
19, Trail Ridge.
OBJECTIVE: That ilie Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Dezilia Vital for deferral of 100% of Collier
County impact fees for an owner-occupied affordable housing unit.
CONSIDERATIONS: Alticle 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 defelment was submitted by Dezilia Vital, which application, after
staff review, was detell1lined to qualify for the progranl, 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 Naplcs,
.~
The ordinance requires that a lien agreement he 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 Chainnan'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, iliis would occur,
GROWTH MANAGEMENT IMPACT: None,
LEGAL CONSIDERATIONS: The proposed Agreement is fully consistent with tlle intent
and pUlpose of Section 74-401 ofilie 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 Dezilia Vital located at Lot 19, Trail
Ridge, Naples,
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
Kl'h.roto
Agenda item No, 16020
November 13, 2007
Page 2 of 5
Franl<Ramsn
ClIllil'rCOlIIII)'HlIS
.\JOI L Tllmiami lnil
Naplt:s, 1.'luridll 341 12
I'ilo# 08.034-IF
rhi~ SjJIIl't' for rCl'_unJiIII!:
LIEN AGREEMENT FOR DEFERRAL OF 100%. OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCClIt'lEIl AFFOROAIlLE HOUSING DWELLING UNITS
This Agreement is entered into this day of OctoDer, 2007, between Collier County, a
political suhdivision of the State of Florida (COUNTY) and "Dczilia V:tal" (O\\'NER,l, collectively
<;latcd il.'i th(~ "PaJ1ies"
NOW, THEREFORE, ror good and valuable consideration. the receipt and sufficiency of
\V'hieh i~i mutually acknmvledged, lh.: Parties agree as f{jIIO\vs:
L I'his Lien Agreement is made pursuant to Chapler 74 urihe Code of Laws and Ordinances of
Collier C'Dum)', Flonda. known as "Tht' C:ollicr (\lUllry ('onsolidatcd lrnp<ld Fcc Ordinunce'.
It )pjinallc~'Lll1 the ('vcn! of <;In>- l'(ml1i~( \\'I!11 lhi~ AJ,~,n:~lll,-'nL the lelms i\( the (Jrdill<1!\l:C
shall apply
rhe leg:!l de~,cripti:Jn (litlle dwcliinc unlti" ai1:Kih_'d a~: f'>;hihll "
The l,,-'r"]TI cd llli~, :\gn~~rncnl is :ro01 tne Udle ,':e( )(_\[111 ab(y\'c umil ihc !Enrac1 fvc 1.'; repaid,
rbl' ;:uTlounl
the impact fees Lk~fcrrcd shal! be paid to the C'Ut 1"T\' in full upon::1) the:
s::de of the d\';eHing Ull1t: hi the rcllnancing ul the dwelling unit: c) (.I 103,'i uf dlC 110meSIC1ld
exemption: or d) the ilr;t occurrence of any sale ll[ transfer of any part of the affected real
propcny, and in any such event lhe deferred impact fees shall he paid in full to the COUNT'{
not later then the closing of the sale, or not later then the c1Tectivc date of thc transfer. As set
forth in Exhibit "B," the amount of the deferred impact fees is Nineteen Thousand Three
l[undred Seventy Two and 52/100 Dollars ($19,372.~,~_t Repayment shall include any
accrued interest. Inl(;.~rcst shall he computed at the rate of jive percent (5%) per annum, but in
no event shall 1t exceed twenty-five percent (25%1) of the tow1 fec I111Hlun1.
5. 'n1C deferred impact fees shall be a lien on lhe property described in Exhibit "A," which lien
may be foreclosed upon ill the evenl of non-compliance \>\;tl1 the Ordinance or with this
Agreement. This Agreement shall operate as a lien against the J"...clling unit. The lien shall
tcnninatc upon the recording of a rc1ca<;e or satisfaction of lien in the public records of the
County. The deferrals of impact Ices and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or othenvisc
conveyed. Except as provided oy law, regardless of any foreclosure; on the first mortgage or
other security interest, this lien shall othcrvvisc: be superior and paramount to the interest in
the dwelling unit of any owner, lessee, tCD<mt, mortgagee, or other person, except that this
lien shall be on parity with any lien for County taxes.
6. Upon the sati:.factory completion of this Agreement's requirements, COUNfV shall record
any necessary documcntation 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 written notice is provided to the O\VNER, the COUNTY
Agenda Item r'Jo. 16D20
I~ovember 13. 2007
may, at its S(lit~ oplion collect the impact fee amount in default as set forth in the Ordinance, Page 3 of 5
or hring a civil action to enforce this Agreement or declare that the deferred impact fees arc
thell in ddi.Jult and immediately due und p~lyahlc. !'he COUNTY shall be entitled to recover
all ices and costs, including :J1tofl1c:,-".'i lee and costs. incurred hy the CCH!NTY 'in enforcing
this Agreement. plus interest 31 the then maximum statutory ratc for judg:mt.:'nts calculated on
a cakndar year basis until paid,
8. This Agreement is the sole llgrccmcnt between the parties v.:jth respect to the: subject matter
herein, and shall he binding upon tht: OWNER'S successors ~md assigns in interest.
9. {'his Agreement shall he rl~corded in the offlei,d n:cords of the County at no cost to lhe
COUNTY.
iN \VfT;\fESS ~'I-IEI{EOF. tilt: Purtit:s h~ne ('xcculcd this Ag.recmcnt Illl the date and year firs!
abov(' \\:rilH:n.
\uest:
] )\\'l(;]1'I f~~. 131U)('K_ Cler];
HOAI~D()FC(lI:\<'!\' ('(II'vHv1ISSIUNI RS
'!;\I-!lr]~ ('\ll,'h.,'T\' )-"),1,)[\1]);\.
I;...
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D(THH Y I . kTf
),\\n-:'~ 1,'()II,TTi\ '!i.\lj{'\i:\'<
()\\-"i<:',F,'
Witncs'lc;;:
~____~_:-,~,~ ~,~ 0-
:-:L,,-
Print
15c:ziiiiJ Vilal
OWNER:
Witil~sses.;_,
~,b,,';--~~-'~-~
Print Name~0..J.
'-''''0('''''' --(
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing Agrc~m~nt was acknowledged before me this _,_~ day of __:~ __
2007. by-----'---'"-',:.::-_,': ___~_______u____ who is personall): IJlO\\Tl lo..mc or has produced
as proof of identity.
:^J'q6~[A:~t;;'~~t:\I(
,\;~l,l. '
_:;_>;'';..~.f,^",^"v"v~'''';:
-'-.-'-{,
.-.. .~~~- -- - -, --- -- --~,~--
Signature of Person Taking Aeknnwlcdgmcnt
APPrO:\>cd 4-<; \~ form
and l<;\;a\1511'. pw.ftO!(:
"...k....;r' 1 \
-., . l\
\: "lI~~ \
~'f ,....._
Jeffrey~. KI4tzkow
Chief A;sis4Int County Attorney
\~
Recommend Approval:
,
I '
\.' \,
/~\P'_'~'-__'~~f7"'\ --j:~.:2_ ,--
- Marcy Krumbitle, MP A
Director
Collier County Housing and Human Services
Il\k Appro~C{1
EXHIBIT "A"
LEGAL IJESCRIPTlON
Lot 19, Trail Rid~e, according to the plat thereof,
as recorded in Plat Hook 44, Pages 71 through 77,
inclush.'c, of tht' Public Records of Collier Count)', Florida.
EXHIBIT uB"
IMPACT F'EF: IlImAKDOWN
Type of Impllct Fcc
,\.
EMS lmpact Fec
Agenda item ~~o. 16D20
November 13. 2007
Page 4 of 5
,,"-mount Owed
$IOO.5'!
~62.14
S:{M:.1S
S:'""s(,.n(;
s: I J:,~,q(Hi
.'~:2.g()=,(lii
:i,(IJ)5il.OO
'1.410(111
$171.61
$3..1 15.00
$3515.00
H.
Correctional Facilijic:<' lmpacl Fee
l'
1 .ihrary I111pa(:l Fcc
11
Cnmn1tlnilY Parks lmp;:cll:v\..'
RC1;ional !l;lll" lJ1lpa~:l F:.':c
!
Fducatl\lrwl Fa,:iliiic.<.: S)s\cm !mp;_icl ! .:':c
u
Road Impucl F(.'~
u.
(Jovcmnlt'nt Buiidings Impact F:::c
I.
Law Enforccmcnt lmpact Fec
J.
\A/aler Impact Fce
K.
Sewer Impact f~e
TOTAL IMPACT FEES
$t9.372.52
Page 1 of]
:V:;,II,-.]" Ilem NCI,tdD20
~.J(j\'8PT~~kl 20D7
P,'lge d'i
COLLIER COUNTY
BOARD 8F COUtHY COMMISSIONERS
Item Number:
1rT:O
Item$ummary:
;~eu;"~r,pn~;at'olll:13t I'Y, S,-,,,,rj 0' C:0~lnly ":[lmn':5.';;;~"eC3 o[::wo\'('" "nO alll1:c'-;~8S HW'
,~: r',;lI1'''';)'' .
'. lien 2<::H",'O'n<2111 'IJlt1' '''''oL'iiC1 VI~al
"''Join.;''
ci",le:ralcf1(J("'0'C:cll!er
(/,,,<'1 " IrnnaL' !Ee, "';' "ii', ';l',.nler-'::>GCJ~;';",c' ,df,'"-n,,.ibib ~WU,; 'HJ
;';;';at",j
'H'Slli311
"'I(1j["
Meeting Date:
;"C' ,d,n
Preparedlly
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P"tJto~ ;;','C'''L(:C~
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Approved By
l-j'Jl"H',i'1C
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',."" i",< K Hun,,," ""(!"O;U'~
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\ppl'ov(>lll:l)
'\I'PI'O\'{'1J B)
\l'l'l'nved II.,
,\ppro\'ed B~'
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"",,,'('n::-'AJ:l',
C;"'Wl,' "-",,,cr
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: ,W'nl'ss''-'n~'"
file:/!C:\AgendaTest\Export\92~ Novembd%20 13,%202007\ 16. %20CONSENT%20AGEN ...
111712007
Agenda Item No, 16021
November 13, 2007
Page 1 of 32
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution and approve an Agreement
between the School District of Collier County Florida and the Board of
County Commissioners for an exchange of properties to enable the
construction of a utility building and chiller plant for the Immokalee
Career Center (ICC).
Obiective: To provide recreational facilities for both general public and
public school use,
Considerations: The Board of County Commissioners through the Parks
and Recreation Department (County) works collaboratively with the Collier
County Schoo] Board (School) to provide recreational opportunities for both
public schoo] students and the general public in order to maintain efficiency
and save costs,
~
The County is the fee title owner to certain rea] property, including the 3,670
square feet identified as the pOliion outlined on Exhibit "A" in the attached
Agreement (premises), It is the School's intent to acquire the Premises for
the public purpose of constructing a utility building and chiller plant for the
Immoka]ee Career Center. In exchange for the Premises the Schoo] will
construct a utility building and chiller plant to serve a public educational and
training facility known as the Immokalee Career Center adjacent to the
Immokalee Sports Complex (ISC),
The School will obtain all necessary permits and also:
I. Improve the County's utilities as shown in Exhibit "B" and Exhibit
"Bl".
2. Demo]ish and remove the building located on the Parcel to be
conveyed to the School. The School will remove the existing canopy,
sidewalk and replace with Bahia sod and relocate the stonn water
drainage pipe on the ISC property as shown in Exhibit "C",
3, Modify and improve the access driveway as shown in Exhibit "0"
and convey to the County certain real property identified in Exhibit
"E".
4. Remove fencing along the property boundary and replace it with an
eight-foot concrete wall and fourteen-foot mechanical building as
Agenda Item No. 16021
~'ovember 13, 2007
Page 2 of 32
shown in Exhibit "F" and convey to the County certain real property
identified in Exhibit "G"
Fiscal Impact: There is no fiscal impact with this agreement
Growth Management: The value of the facilities will not be inventoried in
the Growth Management Plan,
Recommendation: That the Board of County Commissioners adopts the
attached Resolution and authorizcs the Chairman to execute the Resolution
and the attached Agreement
Prepared Bv: Ray Cmier, Project Manager Parks and Recreation
Department
RESOLUTION ~O. 2007-
Agenda Item No. 16D21
November 13, 2007
Page 3 of 32
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AUTHORIZING ITS CHAIRMAN TO
EXECUTE AN AGREEMENT WITH THE SCHOOL DISTRICT OF COLLIER
COUNTY, FLOIUDA, AND APPROVING THE STATUTORY EXCHANGE OF
PROPERTIES ENABLING THE SCHOOL DISTRICT OF COLLIER COUNTY,
FLORIDA TO CONSTRUCT THE IMMOKALEE CAREER CENTER.
WHEREAS, the Staff of Collier County (County) and representatives of The School District of
Collier County, Florida (District), have prepared and agreed upon the terms of an Agreement
pertaining to the exchange of County~owned and District-owned properties to enable the District to
construct a chiller plant facility in connection with the construction of the Immoka!ee Career Center;
and
WHEREAS, in accordance with Section 125.37, Florida Statutes, this proposed exchange of
County and District properties has been properly advertised two (2) times in the Naples Daily lv'el,1's. a
newspaper of general circulation in Collier County; and
WHEREAS, the Board of County Commissioners of Collier County, based on the facts and
rc:commendations from Stan: now finds that the County's fee interest in a portion of Block 24. New
Market Subdivision. more particularly described in Exhibit ^ of the attached Agreement, is required
by the District for the aforesaid use and is no longer needed or required by lhe County for a County
purpose, and that the conveyance of same to the District would be in the best interest of the County,
provided that County receives from the District the conveyance of fee inten:sts in those properties
more particularly described in Exhibits "E" and "0" of the attached Agreement together v...ith certain
electrical utility, aCl:ess and other improvements as sc1 forth in the attached Agreement: and
\VHEREAS, by thIS Resolution the Board of County Commissioners desires to authorize its
Chairman to execute the Agreement attached hereto, and take such other actions needed to complete
the exchange of properties and other terms and conditions set forth in the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1.
restated;
The foregoing WHEREAS Clauses are adopted and incorporated herein as if fully
2, The Board of County Commissioners of Collier County, Florida, hereby directs and
authorizes its Chainnan, on behalf of this Board, to execute the Agreement attached hereto, and hereby
approves the exchange of properties described therein and any acts needed to fulfill the terms and
conditions of the attached Agreement.
3, This Resolution shall take effect immediately upon adoption.
ADOPTED this
favoring adoption.
day of
, 2007 after motion, second and majority vote
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
By:
JAMES COLETTA. Chairman
Approved as to form and
:~J:~Yj dfJ
Hc'di F, Ashton
Assistant County Anorney
Agenda Item No. 16u21
November 13. Z007
Page 4 of 32
AGREEMENT
(Immokalee Career Center I Immokalee Sports Complex)
TH1S AGREEMENT, entered into this day of , 2007
between the SCHOOL DISTRICT OF COLLIER COUNTY FLORIDA, hereinafter
roferrou to ;;,; "Sehoul", ".nu the BOARD OF COUNTY COMMISroNERS, Collier
County, Florida, hereinafler referred to as "County."
WIT NE SSE T H:
WHEREAS, the County b the fee title oWlIer to certaiu real properly located ill
Immokalee Florida upon which the lmmokalee Sports Complex (the "ISC") is located
and also including the 3,670 square feet identiJied in Exhibit ~A" attached hereto and
made a part hereof. (the "Parcel");
WHEREAS, it IS the Schoo!', intent to acquire the Parcel felT lhe purpose of
cOl1strocting 0 mechanical \Hilit)' builditlg and chiller plant to serve a public educational
and training facility known as the lmmokalee Career Center (the "ICC") which is located
adjacent to the ISC;
WHEREAS, it is the C:ounry's intent to convey the Parcel for the public purpose;
WHEREAS. in exchange for the Parcel. the School will install certain utility
improvements to serve the ISC, improve the access driveway (0 the ISC, convey a portion
of the improved access driveway to the County, correct a fence encroachment and install
an eight-foot concrete wall along a portion of the property boundary;
WHEREAS. the School and the County are authorized by law to enter into
agreement with each other, and to do any and all things necessary or convenient to aid
and cooperate in the cultivation of public community services. programs and activities;
and
WHEREAS, in the interest of providing the hest service with the least possible
expenditures of puhlic funds, full cooperation between the County and the School is
necessary.
NOW, THEREFORE, in consideration of the mutual promises and covenants
herein set forth, and other valuable consideration end intendi.ng to be legally hnund
hereby, the parties agree as follows:
1. CONVEYANCE OF PAKCEL & ACCESS l'KOl'EKTY
Suhject to the terms of this Agreement, the County hereby agrees to convey
fee simple title to the Parcel to the School by good and sufficient deed, free of
H\f'arks & Rcc lntcrloc.Ill . Immokll.ke Career eeRler,doc
Agenda Item No. 16021
November 13. 2007
Page 5 of 32
liens and encumbrances as provided in Section 2 of this Agreement In
exchange for the Parcel. the School hereby agrees to perform the following:
A. Construct electrical utility improvements to serve the ISC as set forth
in Exhibit "B" attached hereto and made a part hereof (the "EIectrieal
Installation"). The Sehool shall attcmpt to provide continued electrical
service to the ISC during the time c"n8tmct;on is ongoing for the ICe.
The County shall grant the School permission to perform the Electrical
Installation in the location shown on Exhibit "8-1" attached hereto
and made a part hereof
B, Demolish and remove the building locatcd on the Parcel in compliance
with all local, .<tate, and federAl requirements, including canopy and
the sidewalk covered by the canopy, as shown in Exhibit "c" attached
hereto and made a part hereof. The County shall grant the School
permission to perfonn the demolition In a location approved by the
County und to construct the mechanical utility bl.lilding and chiller
phnt nn the Parcel.
C. ReloCllte the storm water drainage pipe on the ISC property to a
location shown in Exhibit "C". The County shall grant the School
permission to perform the stonn water drainage pipe relocation,
D. Modify and in~prove the access driveway to the ISC maintenance
hllilding flS shown in Exhibit \4D" attached hereto and made a part
hereof. The County shall grant the School permission to perform the
accessidriveway construction modification and improvements, The
School shall convey to the County fee simple title by good and
sufficient de:ed, free: of liens and ell<;UfIJ bnlfl<;es as provided in Section
2 of this Agreement to a portion of the improved access driveway as
set forth in Exhibit "E" attached hereto and made a part hereof (the
"Access Property"),
E. Remove fencing along the property boundary and replace it with an
eight-foot cOllcrete wall and a [ourteen- fout mechanical building as
shown on Exhihit "F" attached hereto and made a part hereof.
Relocate any plants, trees, irrigation, electrical Jines and or light
control panels (affected by the installation of the concrete wall and
huilding) on County property in a location agreed to and approved by
the County, The County shall grant the School permission to perform
the fence removal, install the concrete wall along the property
boundary and relocate any affected irrigation, electrical lines and or
light control panels, In addition, the School shall convey to the
County fce simple title by good and sufficient deed, free of liens and
encumbrances as provided in Section 2 of this Agreement to real
property to correct the existing fence encmnchment locntcd along the
joint property boundary as set forth in Exhihit "G" attached hereto
and made a part hereof (the "Fence Property").
F. Obtain all permits necessary to perform items A through E set forth
above including, but not limited to, right-of-way permits, fence
H:\l'lll"ks & Rec lnterlocal . ImmokaJee C8rec:r Center.doc 2
Agenda Item No. 160 1
'~ovember 13, 20 7
Page 6 Of 2
permits, wall permits "nd demolition permits, The Sehool shall
perform the work in a manner that mi nimi7.e, "ny dimJption or
obstruetion to the County's operations and restore any disturbed areas
on County property with appropriate sod and landscaping,
2. TITLE AND CLOSING
A, At closing, County will convey the Parcel to the School, in fee simple
by statutory deed, and the School will convey the Access Property and
the Fenee Property to the County, in fee simple, by special warranty
deed. All deeds ,11"11 he free "no clear of 311 liens, defects,
encumbrances, except those conditions, reservations, restrictions,
agreements and easements of record and zoning ordinances, The
conveyances are contingent upon either party ~ as l1ecessary,
designating its real property as surplus by a formal resolution i:ifkr
arrlicahle Pllblic notlce. In the event that any defect of title appears at
the time of closing, the pmty holding title to the defective property
shull have thirty (30) additional days to csuse said defect to be
removed. In the eyent tbe party holding lltle to the defective property
is unable to remove s<:1id defect, the other party sha]] have the option of
accepting rille 10 Parcel in its then current st3tc or voiding this
Agreement.
B. Recording lees and all title work and Insurance for this transaction
shall be paid by the School
C. The legal deseription of the Parcel, the Access Property and the Fence
Propertl' conveyed hereunder shall be determined by survey by a
licensed surveyor and the resultant description will be used in the
deeds of conveyance required under this Agreement. The cost of
surveys shall be borne hy SchooL
D, Possession of the Parcel will be granted to School and possession of
the Access Property and the Fence Property will he b'Tanted to the
County", of the date of closing.
E, Closing shall occur on or before one-hundred and twenty (120) days
from the effective date Oflhis Agreement.
3. MISCELLANEOUS & INDEMNIFICATfON
A. Each of the parties hereto rcpresents that it has full "nd complete
authority to execute this Agreement. The Agreement shall be
interpreted under the law of the State of Florida, The School will
indemnify and hold the County harmless from damage, costs, aetions
H:\Pllr~ &. Rec Interloeal. lnlnlokalee Career Center.doc 3
Agenda Item 1"0.16021
November 13, 2007
Page 7 of 32
and liabilities arising out of any injuries or damages resulting from the
utilization of any constructinn permi.o;;sion granted in this Agreement~
except whcre such damages are occasioned by the negligence of the
County, its agents, employees, guests or invitees,
IN WITNESS WHEREOF, the parties hereto have caused ti,ese presents to be
executed in their respective names.
ATTEST:
DWIGHT E, BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
By:
Oeputy Clerk
By: .~.
JIM COLETTA, Chairman
form and legal sufficiency:
--r
THE SCHOOL DISTRICT Of' COLLIER
COUNTY, FLORIDA
By:
STEVEN j, DONOY AN, Chairman
Attest: __.
DENNIS THOMPSON, Supcrintendent
School Board Attorney Approval:
By:
Richard W, Withers
Date:
H:\Park.li & Hec lnterlocal .Immokalcc Carel:! Center.doc 4
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,L\genda item No. 16D21
November ~13, 2007
Page 8 of 32
NEWMAi=1~ET SUSDIVISIO'O OF IMMOKAU:C, [lLOCI( 24
PLAT BOOK 1, P4GES 104~ 105
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IMMOKALEE DRIVE
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DESCRIPTION
A port'on Qf 910ck ~4, Ncwrrorket ~ubCliyi$;\Jn !,.If
Immol(olee, 0:; fecorded in Piol 80011 1. Poges 104-1 OS.
of In" Publ,c R~H:ordli 01 Collier Co..mty. F"lorido, being
more ~orticwlcrty cescrib&d os fi)llows:
Commeneirll;l ot the southwest corrllJr of soid 810cl< 24:
thence 010'-'9 the nor\h right-af-way Ii~e of Immokolee
Ori.....e, Nort'" 8g-20'O~t Eest, <:I distonce of 398,65 feel
to the ,outhwe.!lt co~""r n~ thr";~ 10'1"" d.."crib..d in Q.R
SOOk 1518, POQe 2029 of the Public F.ecords 0.1 Co.lI:et
County, nor,tlc;
thence leoying S<lid north rigl'lt-of -woy line, "lorl...
OO')O',r;{' W""l olonQ the We.!llerly I;ne 0.1 sOld de-SCribed
lonQ.!I. 0 d,stonce of 1.34.45 lee\:
thence conll-lul1\9 olon\! said Wc:ste~ly I'>)e North
05.02'0;,3" We$!, 0 distance 01 37.18 fee~ to t"e POINT
OF BEGINNING of the parcel nstein dlls~rioed:
thence tonlil\u;1\9 010/'1(,1 soid Westerly I;ne North
05'02'5J" We~t. a distonce 01 50.14 feet;
(he"ce North S"47'55~ Co..t, 0 c;,l",,"<,;<: vf eJ.19 feet;
~hence South 02.12'05~ Eost, 0' dislol1ce of 50.00 feet;
tr.ence South 87'47'55" West, a di,lance o.f 59.15 feet
to the POINi OF BEGINNING.
Contoi/'lil'l9 3,670 sql./ore fett or 0.0843 ocrllS, m'Ote or
less
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1iI0~C LANOe OCSCRI6E:O IN
DR BOOK 1518. PAGE 2029
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CtlAPHIC 5~U:
~DTES:
, Thi~ i~ not 0 survey.
? R(l'l;~ nf tlfpo';n\l .~ S.tolll Plo"',
CO:;lrdinoll!S F'lorido Eost Zone 83/99
ed}I.I.!1lment. Wj~h the Northerly
rig.''I\-of-""o)l of Immo~ojee Dr;ve
,e;Jle,ented by 0 oeorinq 01 North
89'20'00" East
:5 Subjtlcl 10 ec~emel'115. re3ervation.!l
end relltric;Ii01'l5 of f&cord.
5, D;l'flenS;OM ore in feet ond
rlF"7';mol", lh..rq,ol.
6, Certificate of authorizotion LB 43.
LEGEND
~O~ Poi"t of 9.91....,;....9
poe Poi/'lt 01 Commer,,::em!lr1t
D_R.B. Of/iciol Recore., Book
RjW Rigf1t-of-woy
It. Cenl"rI,rIIt
FOR THE EXCLUSIvE USE Or;
Callier Count)' f-ublle Schoo;i!I
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This is NOT a Survey.
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Agenda Item No. 16D2'1
November 13, 2007
Page 9 of 32
( ?th;);Jlf g. (
e 1illr:giJ?
12296 Matterhorn Rd.
Fort Myers, FL 3391'3
Phone: (239) 766-5566
Fax: (239) 768-2336
Proposal - ELECTRICAL
June 12, 2007
E-1
Date:
Proposal No,:
Revision Date:
Page:
To: Kraft: Construction. Inc.
1010 Sanitation Road
Immokalee, FL. 34142
Attention: Wes Chronister
1 of 4
Project Name: ImmokaIee Career Center
Location: Immokalee, Florida
We hereby propose to fumish and Fn~t.31l 311 Jabor, materials, tools, equipmAnt and transportation for the electrical
instaffation in accordance with the following (includi"ng attachments):
Description 0(- ElectriCal service for existing building
work:
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I Documents used
' in preparation of
I this Proposal:
{ Qualifications and
f Clarifications:
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No drawings available,
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Agenda Item No, 16D21
loJovember 13, 2007
Page 10 of 32
(
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Trl-City Electrical Contractors, lnc,
Proposal, continued
-2-
unusua(;-vear'and tear, vandalism, obsolescence, weather damage or other--
cause beyond Tri-Clty's control, . .
. No Temporary power provided for Standard 12Ovolt (20amp) outlets and power
fools or general lighting during day~ght hours,
. No security lighting, electric generator or cost of power consumption inciuded,
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. Tri-City agrees to fumish a sufficient number of qualified workers to perform the I
work in sequence with a mutually agreed upon schedule, We will rely upon the
work of other trades to be completed in a timely manner, prior to our follow-on
~rk !
. The work will be performed during normal working hours. No provisions have I
been Included for overtime, multiple shifts, weekend or holiday work.
. We anticipate a start date of June 15, 2007 and duration of approximately 15 j
~~ I
. We have included an allowance of -0- man.hours of overtime premium labor I
cost. i
I
Customer For Tn-City to properly perform the work, the cusiomer shail: I
Responsibilities: . Provide a safe work environment !
. Allow access to the worK site and use of building services including but not I
limited to: parking, water, restrooms and storage area.' ?
. Provide Tri-City with work rules and speciai instructions pnor to the ,
performance of the work,
. Remove obstacles from the work area(s) and keep areas clear of equiprnent, II
supplies and materials,
. Allow adequate time/phasing for the work and not impede or delay the /
performance of Tn-City's work. .
. Provide information in the customer's pnssession that may aid the performance
of the work such as: O&M manuals, operation instructions, as-built drawings, I
maintenance logs, utility records, etc,
. Promptly notify' Tri-City of any unusual operating conditions.
. Allow TIi-City to stop, start, shutdown, turn-off and turn-on equipment as )1
necessary to perform the work, ,
. Provide waste disposal facilities. Tn-City will remove packaging, trash and I
waste genereted in the performance of thi~ work and place in the customer's 11
waste containers,
. In order for us to begin work, yn" must either a) execut~ this proposal (return
an original copy to us which will form the contract between us) or b) we must I
exe<<ufe a mutually aqreeable contract. .,
Schedule:
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Agenda item No. 16D21
November 13. 2007
Page 11 of 32
(
Trf-City Electrical Contractors, Inc.
Proposal, continued
.3.
The price for the work described above is as fo{{ows:
;ii~j~j;ii1~.~~~~.K;!!fJ;i.
Base Bid
LCEC Primary work
En in eerln fee
$
$
$
~:m~~~:,:;.:;-
19,938,00
5,500,00
1,500,00
~jl~J~;!~~~ill;1i~~
Allowance onl
Allowance ani if a licable
Paymc:nt & Pc:rformance Bond N iC
Total $ 26,938.00
Sales tar inclu.ded
This proposal is void and may be withdrm','n ifnot accepted in writing or a contract agreeable to both parties cannot be negotiated
within l.Q calendar days o/this date. Unless otha-wise sfqted aboY!? no provisions for pn'C(! escalations have been fnduded in this
proposaL This price may be suhject to escafatior.s after the vvid date.
Bid Oualification:
Trl-City leas heen infonned by our varlous suppliers of electrical products, tkat malty manufacturers nerve tllvoked
price~time constraints en theu agreements. Current pricing may be limited to very s-hort peri-Ods of time even to the
point of "price Ut effed at the time of order'" basis. This situation is not conducive to [he construction industry,
especially for lengthy project.. Volatility in the market whether caused by natural disasters, raw material shortages,
increased demand, srrikes, etc, have "lade it impossible to predict our costs and offer pricing- for extended periods
of time;
As a result, the above quoted amount will be qualified as follows:
Our proposal includes $4,452,64 of copper based productS, which is a pretax amount and is based on the pricing
iriformatwiz available at the present time. TheSe figures will be considered your allowance for all produds a/this
IUIiure to he purchased for this project. Final pricing will he based on the net chllJl,ges betweerr this allowanCe
amount ana th'e total cost at time of shipment jar the respecJt;'e group of products, A contract addtt(ve or {[eductive
cha:nge order will be required for the differences. We will provlde quotations and all rte=ary haCk-up
information as.!"cquiret!. '
Kraft Construction. Inc.
Accepttlnce
Tri-Citv Electrical Contractors, Inc.
Signature
~~
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[;ignotuto
Jo1m Rieselman
Service and Special
Projects Dept Manager
ntl~
Dale
If!ih._ --="-~"l'"
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Printed Name
This documenl is proprietary in nature, for the exclush'e benefil of Tri-Ci/y and the Buyer only. 'This agreemenl is
nollo be disclosed 10 any other person or entity unless required by law.
-'---~. -----, ~.,,--.
Agenda item No. i 6021
November 13, 2007
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T PLAT BOOK
N89'21 '4Jf"E
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Aaenda Item No. 16021
~. November 13. 2007
Page '15 of 32
SUBDIVISION Of: Il.WOKA'..EE. BLOCK 24 ~_____________--------
1, PAGES l04-105
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IMMOKALEE DRIVE
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O(.'::iCk!fJIIUN
A oortior. of Block 24, Newmorket SubrJiVt:qi(1r1
of Irnmokolee, os recorded in Plot Book i,
Pages 104-105, of the Pubk: Records of
Collier COLJnty, Florida, being more particularly
described os follows;
Commencing at the southwest corner of said
Block 24; thence olong the north
right-or-way line of Immokolee Drive, I'\orth
89'20'00" East, 0 distance of .382.37 feet to
the POINT OF BEGINNING; thence North
00'38'16" West, a distance of 79,35 feet;
~hence North 83'21 '44" Eos:, Q distance of
14.28 feet; thence North 44'21'44" Fnst. ()
distance of 2.83 feel to 0 point on the
westerly lil"1e of those lends described in
Qffical Records BOOk 1518, Page 2029 nr
the Public Records of Collier CO:.Jrl\y, Florida;
thence South 00'35'16" East along said
westerly line, 0 distonce of 81.J~ fRet to a
point on said northerly right-ot-wey line of
Immokoiee Drive; thence Soutt-: 89'20'00"
West along said northerly ri1Jhi-of-woy line, 0
distance of 16.28 feet to the POINT OF
BEGINNING.
Containing 1,293 squore feet or 00.3 acres.
mo~e or less
/
THOSE LANOS D;::SCRIBED Jtj ...........---/
OR BOOK 1518. p,~GE 2829
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Plone Coordino~es :-'iorida EDS\
Zon~ .53,./99 ~Jd>~,\r'len'. \Vitp
,r,e l~orthe!"I~/ right-.af-way of
Irr,rnokoiec Dri',,'e 'eprec;e."\;ed by
o bearing of !,-ionh B9' 20"JU"
[osl
J SUbJect to easements,
reservol1ons ond restrictioi"S :Jf
record.
5 Dimensions ore in feel end
decimols thereof.
5. Certificate of outhorizotion
LB 43.
LEGEND
POB
poc
a.R.B.
R/W
't
Point of Oegil"lning
Poillt of Commencement
Officio I Records Sook
f.(:ght-of-woy
Centerline
fOR THE EXCLUSNE USE OF
COlljer Co~ntj' P\,I:>li;; S-:hOO'5
.
n, ~,M. (FOR THE FIRM)
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NOT VAUD WITHOuT THE SIGNATURE AND
THE ORIGl,\lAl RAiSED SEAL OF A FLORIDA
IICFNSFf'} ~U~VEYOR A.ND MAPPER
This ill NOT a Survey,
WiI.,Miller
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ftlJ!: COWO CtlUNTY PV81JC SCHOOLS
EXHIBIT OF PROPOSED WAll AREA
A PORTION OF BLOCK 24,
NE1fMARKET SUBDIVISION OF IMMOKALEE,
COILIER COUNTY FLORfDA
,.,.:CXlOQ tIIIWIft CHCDJI!V\ CIOFU:I
GCSUO NO Dlli 4H-~OI
Agenda Item No. '16021
f'~ovember '13, 2007
Page 16 of 32
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Agenda Item No. 16021
November 13, 2007
Page 17 of 32
N[WMA~K[T 5U8DNlSJOtl OF lM>.IOKALEL !lL!JCK 24 ______
PLAT EOOK 1, rAGC~ 104-105
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"'HOSE LANDS OESC Rr8EO IN
O,R. SOOK 1518, PAGE 2029
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NOES:
Tnis IS not 0 ~\Jr"c)
2. Bosi! or beori"g ;s Stolp. Plono
Coordinates Flori~o Ecst lOM 8J/99
odjuotmenl. Wj(h the korll'1er'y
ri9t\t-Of-....C).' oj lr"nmokoil3'e Or',ve
representeo t-y '0 bearing 01 Nortn
8S'20'00. Ecst
J. SlJbje,.t to ecsemel"lts. fe"ervo~iQns
and restrktions oi ;';'icord.
DESCRIPTION
c__-lli~KALF.~DR'V~_____
't. 80' R/W
5. D'!'1'Itlnsions Ofl\' ;1'1 filet end
decimals lhereof.
A nOr1inn "I Alo('~ 24, Nlt",."'or~ltl Subdh.iliion of
Immellolee, os recorded in Pial eoo~ 1, Poges , 04-1 05.
or thl! Pi,lblic Record'll 01 Collie' COur'lI)'. rlori:ja. being
more pClr\icu!ar:y de!lcr:bed os follou:
Commcl"eing at tte ~o\JU,..,,~1 \-un:tr 01 saic BlOCk 24:
t"oence olo"'g Ihe I"\orth right-oof-wo! line of immokolee
Drive, North 89"20'00. ':ost, 0 disto";ce Of 398.65 fellt
!o the sovt".wes: cornlH of th0511l lortd$ describlfd in n.R
800k 151e, Page 2029 cl the PuOI;: RecordS of Cellier
County, Fiotioo:
thence leoying said north rlghl-ol->/oy line, North
00'38'15* .....0." e1IOIl9 the Westerly i;,,,,. vr ~ojd ce5critoed
londs, 0 disto!'lce of 1.:H.45 fael:
thence conkw;ng o,orog !loic WeSlt'''y li"lI North
05'02'53" Wes', 0 distance of 97.~: leel \e the PONT
Ut I:R';,;fN...,INC o! the p-crCIII "'tHe in je:;;cribed;
thence leollin9 said We~:erl)' line So~lh 87'4 7'55~ West, 0
distance or 7.57 feel: thence North GO' 38' 1 fj' West, a
r1i:olton<;'. of 8e>.07 1..1 10 0 p-oi"t 0'" ~h!l "'c~tccly line 0/
scid descdb'H! fOM:I$; thence South 06'02'5,3" Eosl. a
distance. of BO,23 feet to !he'POINl OF' BEGINNING.
Cunluinin9 JCJ :!:qwore leel or G.Ol acres, more o-r less.
""""
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6. Car\;ri"o!o 01 oulhor;lo(.on LO 0\.3.
LEGEND
P,Q,S
p.O.C
O.R.a.
R/W
~
Po:n! of Oeg;,..."i"'9
Po;n! or CO"1f'T'.el'cemen\
Officiol Recard~ 800k
R;Qh[~cr-"ny
:::erlec!<ne
FOR T'"f. (XCU.JS!v:;: ust OF':
Collier COIJf'!~ Public Selwols
ftT1 p.S,M. (rOR THE FIRM)
fLA. LIe NO. ~834
NOT VAlJO WrTHOUT 1hE SI:;N~TURr AND
THE ORIGINAL 1'<.01,1'<;1':0 O::O:A" or A FLORIDA
LlCElIlSEO SURV(YDR AND MAPPER
This is NOT a Survey,
WII_Mlller --=<-.
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,L-,Cienda i~em i"Jo. (:,[<.:::-1
,J t"Jov~rnber'!], .2CJC7
Page ~~ e. of ;;2
AGREEMENT
(Immokalee Career Center / Immokalee Sports Complex)
THIS AGREEMENT, entered into this dav of , 2007
between the SCHOOL DISTRICT OF COLLIER (OUN'ry FLORIDA, hereinatter
rcfcrreu 10 us "Schuol", anu Ihe BOARD OF COUNTY COMMISIONERS, Collier
Count)', Florida, hereinafter referred to as "County."
WIT NE SSE T H:
\\lHEREAS~ lht: County i..., tile Cee lille {)\VHt:r Lu cerluill rr.::uJ pn)peny lu\:uted jll
Jl11l11okalee Florida upon which the lmmokalee Spor.s Complex (the "JSC") is located
and also including the 3,670 square ieet identilied in Exhibit '''A'' attached hereto and
made J part hc=reof. (Ihe "Parcel"):
\VI-IEr~E/\S, it is the :;';cnooI's intent to acquire the Parcd for the purpose of
cOl1$tnlcting i1 mcchanic.:li utility buildlllg and chiller piant tn ;;Cn'C c1 public djuC~t"{i(}md
and training facility kn(}\\,f1 as the Immok.3kc Care~r Center (the "ICe") \-vhicb is loca1cd
adjacent 10 tbe ISC;
\V]-JEREAS, it is the Counry'~ intent to convey the Parcel for the pubHc purpose:
WHEREAS, in exchange for the Parcel, the School will install certain utility
improvements to serve the ISC, improve the access driveway to the ISC, convey a portion
of the improved access driveway to the County, correct a fence encroachment and install
tm eight.foot concrete wall along a portion of tbe property boundary;
WHEREAS, the School and the County are authorized by law to enter into
agreement with each other, and to do any and all things necessary or convenient to aid
and cooperate in the cultivation of public community services, programs and activities;
and
\\/HEREAS, in the inlerest of providing the hest service with the least possible
expenditures of public funds, full cooperation between the County and the School is
necessary,
NOW, THEREFORE, in consideratiun of the mutual promises and covenants
herein set forth, and other valuable consideration and intending to be legalty hnund
hereby, the parties agree as follows:
I, CONVEYANCE OF PARCEL & ACCESS I'KOPEKTY
Subject to the tem1S of this Agreement, the County hereby agrees to convey
fee simple title to the Parcel to the School by good and sufficient deed, free of
H'.J>arkf; & Rt:<.: ImcrlnclI!. lmmokakc C1if':er Ccnt~r,doc
~
Agenda Item No, 16D21
Novernber 13, 2007
Page 19 of 32
liens and cncumhrdnces as provided in Section 2 of this Agreemcnt, In
exchange for the Parcel, the School hereby agrees to perform the following:
A. Construct electrical utility improvements to serve the ISC as set forth
in Exhibit "B" attached hereto and made a part hereof (the "Electrical
Installation"), The School shall attcmpt to provide c<mtinued electrical
service to the ISC during the time constmction is ongoing for the ICC.
The County shall grant the School permission to perform the Electrical
Installation in the location shown on Exhibit "B.l" attached hereto
and made a part hereof.
B. Demolish and rcmovc thc buitding locatcd on the Parcel in compliance
with all local, state, and federal re.quirements, induding eanopy and
the sidewalk covered by the canopy, as shown in Exhibit "C" attached
hereto and made a part hereof. The County shall grant the School
permission to perform the demolition in a location approved by the
County and to construct the mechanical utility building and chiller
plant nn the Parcel.
C. Relocate the storm water drainage pipe on thc ISC property to a
location shown in Exhibit "C". Thc County shall grant the School
permission to perform the storm water drainage pipe reJoCalion,
D. Modify and irnprovc the access driveway to the ISC maintenance
hllilcting :15 shown in Exhibit "'D" attached hereto and made a pari
hereof The County shall grant the School permission to perform the
access/driveway construc1ion modification and improvements. The
School shaJl convey to the County fee simple title by good and
sufficient deed, free of liens and cm,,:;uJ!Jbram.;t:~ <;it; providl:o in Section
2 of this Agreement to a portion of the improved access driveway as
set forth in Exhibit "E" attached hereto and made a part hereof (the
"Access Property"),
10, Remove tencing along the property boundary and replace it with an
eight-foot COllcrete wall and a fl)urteen-fl)ot mechanical building as
shown on Exhibit "F" attached hereto and made a part hereof.
Relocate any plants, trees, irrigation, electrical lines and or light
centrol panels (affected by the installation of the concrete wall and
building) on County property in a location agreed to and approved by
the Cuunty. The County shall grant the School permission to perform
the fence removal, install the concrete wall along the property
boundary and relocate any affected irrigation, electrical lines and or
light control panels, In addition, the School shan convey to the
County fee simple title by good and sut1icient deed, free of liens and
encumbrances as provtded in Section 2 of this Agreemem to real
property to correct the existing fence encroachment locuted along the
joint property boundary as set forth in Exhibit "G" attached hereto
and made a part hereof (the "Fence Property").
F. Obtain all penn its necessary to perfom1 items A tbrough E set forth
above including, bnt not limited to, right-of-way pennits, fence
!J:\f'ar\cS &, I\cc lnl~r!oca!. ImmokaJee Career Center,doc 2
,A,aenda Item No. 160
~ November 13. 20 7
P8J8 20 of 2
permits. wall permits and demolition pennits, The School shall
perform the work in a manner that minimize:t: any dittruption or
obstruction to the County's operations and restore any disturbed areas
on County property with appropriate sod and landscaping,
2. TITLE AND CLOSING
A. /\t closing, County will convey the Parcel to the School. in fee simple
by 'tnnnory deed, and the Scbool will convey the Access Property and
the Fence Property to the County, in fee simple, by special warranty
deed. All deeds ,hall he free end dear of all liens, defects,
encumbrances. except those conditions, reservations. restrictions,
agreements and easements of record and zoning ordinances. 'l'he
convey'anccs are contingem upon eIther party_ as necessary,
designating its real property as surplus by a formal resuiution c!fler
i.l:pplicl-ihlc r1Jhiic :10!1('('. In the event that any defect of title appears at
the time of closing, tl1~ party holding title (0 the dc'fec:tive pror~rt)
shall have fhirty (30) additional days to couse said defect to be
removed. In the C\'ent the party holding title to the defective propel1y
is unable to remove said defect, the other party shall h;rve the optioJl of
accepting rille to Parcel in its then current state or voiding this
Agreement.
g, Recording fees and all title work and insurance for this transaction
shalI be paid by the School
C. The legal description of the Parcel. the Access Property and the Fence
Propel1Y conveyed hereunder shall be detennincd by survey by a
licensed surveyor and the rcsultant description will be used in the
deeds of conveyallce r~<jujr~d under this Agreement. The cost of
surveys shall be borne by School.
D, Possession of the Parcel ",11 be granted to School and possession of
the Access Property and the Fence Property will be l,'I1lIJted to the
Cuunty '" of th~ date of closing,
E. Closing shall occur 011 or before one. hundred and twenty (120) days
from the effective date of this Agreement.
J. MISCELLANEOUS & INDEMNIFICATION
A, Each of the parties hereto represents that it has full and complete
authority to execute this Agreement. The Agreement shaJl be
interpreted under the law of the State of Florida The School wilI
indemnify and hold the County hannless from damage, costs. actions
ri:\rllr"~ & Rec Jmcrlucal. lmm{l~alee C:lT~cr Center,doc 3
Agenda Item No. 16021
November 13. 2007
Page 21 of 32
and Iiai:>ilities arising out of any injuries or damages resulting from the
utilization of any construdion pennisslon gnmted in this Agreement,
except where sueh damages are occasioned by the negligenee of the
County, its agents, employees, guests or invitees,
fN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed in their respective name,.
ATTEST:
DWIGHT E, BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA.
By:
Oeputy Clerk
By:
JIM COLETTA. Chairman
~~~ffiCienCy
Assistant County Attorney
THE SCHOOL DISTRICT OF COLLIER
CO! fNTY. Ff .CiRIDA
By:
STEVEN J, DONOVAN, Chairman
Attest:
DENNIS THOMPSON, Superintendent
School Board Attorney Approval:
By:
Richard W, Withers
Date:
t-l:\Park..~ & Rec Inlerloclll -lmmokl!lec ClU"CL"l' Ccnt-cr.doc 4
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Agenda item r~o. '16D21
hJovember13, 2007
Page 22 of 32
NEWMAR~TT SU8DNrS(O~1 or iMMOKAlCC. OLOCK 24 ________----
PLAT BOOK 1. PAGES 104-105
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IMMOKALEE DRTVE
-SO'R/W -
CESCRJPT\ON
A po,too" 01 BIQck :24. N<;wmCHket ~"bc;"';~;<;J" uf
Immoilol-ec, 0$ recorded in P:ol Book 1. POi,jles 104-105.
01 the- Publrc Records of COllier Co......ty. norido. being
mere po.1.iculor1y de~cribed cs follows:
Commencing at the $ou\hwest CO"Mr 0/ soid B!ock 24;
trlllnce 010:-'9 the nortl1 r.,gh\-of-....Ojl 1:"1-1: or Immokolee
Drive, North 89'20'OO~ E08t, " di5~O~Ct of 398,65 feet
,0 trle southwe~t ,-orn..r I1f Inn'!" lond~ d..~c,ib..d in C,R.
Boo~ 1 ~ 16. Pege :ZC:Z9 of the Publ;c F.~c..tls of Co:iil;lr
Cou...,t,.. FIo,ide,
t'"lenell leOying soia r,ortl"1 'i9I'lt-of-wOl li,..,e, NorlP"'_
OO'.:>I3'lft VltJ~\ olon~ the WeSterly Ij,,,,! of SOld oe-scribed
Icnd~, 0 distance of 1.3.:.<\5 leet;
P'enee cor,I;..,,,in9 o!or~ SOld \'lester!,. Ine No'th
00'02'53" We:!:, 0 j,slonce of :;'7, 18 h;e~ \0 Ir-e PO'NT
Of BeGINNING 0' t"le parcel herein des:ritled:
\"Ience (o"",irw'lng 0I0/';9 soid Westerly I"ne Nertl'>
05'02'53" We~I.. c distance o! 50,14 feel:
thence 1';o..tl-l &7'-47'5-5" Co"t, 0 d;&lo"~'" ur eJ.19 lee:;
thence South OZ'l:2'05R Eo,t. 0 di5tance of 50.00 feet;
thence South 87'47'55~ Weel. 0 di~lol'ce of 59.\5 feel
10 the POINT Of BEGINNING,
COI"\:0;nj'--'9 .3,670 sq\Jcre feel or 0,01.)4.3 (Jeres. more or
I,,~s
IMMOK,LEE
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TriOse ..AND:; O[3CF\ISEO IN
OR, BOOY. 1518, .i:lAGE: 21J29
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C::oro;notes Flor,OC [05: Zone 133/99
odJu~\men~ Wi!h the Northerly
"9ht-of-woy of Immo",Clee Drive
re;.>'es\:!I'tec by C oecr,n~ 01 North
89'20'00" Eost
.3 Sutljflct to easements. 'eservoljons
ond restric lions of record.
5 D;men~jons ore ;n fed o:od
rl..";mol, thR'''of.
5. Cs'tiiicote of owlnorlle-tior: La 4],
LECEND
POB Po,t<\! or 13"9'''''''''9
POC Poir1t 01 COrT'-r,encern(!nl
O,~,B, Official Recore., Beak
RjW ~ight-of-woy
~ Centeriine
FOR THE [XC\..IJ'SI'"E USE OF',
COr,illr COclI'ly f-wbhc Sene!:':!!
Thil!t is NOT a. Survey.
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I\genda Item No, 16D21
November 13. 2007
Page 23 of 32
12296 Matterh om Rd,
Fort Myers, FL 3391'3
Phone: (239) 768-5<;66
Fax: (239) 768-2336
Pro pO s a I - ELECTRICAL
To: Krall Construction, Inc.
1010 Sanitation Road
Immokalee, Fl. 34142
Attention: Wes Chronister
June 12, 2007
E-1
Date:
Proposal No,:
Revision Date:
Page:
1 of 4
Project Name: Immokalee Career Center
Location: Immokalee, Florida
We hereby propose to fumisfl and fnzt;J,!I all labor, materials, tools, equfrmenf and transportation for the erectrlcal
inslaHation in accordance with the following (including attachments):
Descrrption of Electrical se"rvice for existing buiiding.
work:
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o Permit fee, inspections, approvafs and tests. f
o Commissioning, start-up and owner/operator instructions. I
o Equipment identification and labeling for work described above.
o Record as.built drawings and O&M manuals where applicable; I
o (100') allowance for Secondary feeders from new LCEC pole handhole to new .
300A 3phase 480V Main disconnect I
" Existing m'lin panel back to back with new 300A Main disconnect I
o Provtdlng standard building grounding for new service feeders:
o Assume all work to be perfonned during regular business hours,
. Excfus!ons: I
o Service to existing Pool.
" Demolib'on of existing Buildings, i
o Normaimalntenance'iriCTDoin1fbut not iirh1ted to: cleaning, torque and tightening, I
o Patching and painting of finished surfaces,
o Utility fees. LCEC transfurmer pad, }-box or related grounding. I
o LCEC primary conduit wire or terminations,
() TVSS or surge related devices. I
o Waterproofing, or seals for slab, wan, or roof penetrations, f
o No ductbank included. l
. Tri-Cfty Electrical Contractors. hIe., shall not be held fiabfc for errors or f
omissions in design by others, nor inadequacies of material and equipment I
specified or $upplied by otherS, i
. We intend to complete all work in accordance with local & national electrical I
codes for the work doscribed above, i
. Repairs to existing inoperable equipment are excluded unless othenNise noied.
Repairs to existing wiring and systems that do not comply with electrical codes,
regulation or specifications are excluded unless otherwfse noted, I
. We guarantee our work to be free from defects for one year from completion, ,
Repairs to defective workmanship Qr ma!".i8Is within t!'Jis period will be made at I
no cost This warranty exciudes: unauthorized service, misuse, negligent care, !
impruper maintenan.ce, re-used products, items furnished by other"~, f8mpSr_-.J
Documents used
. in preparation of
I this Proposal:
Ii Qualifications and
Clarifications:
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No drawings available,
.4ac .<iCCREDfTED Qv:u.m~ CONTR.:4.CTOR
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Tri-City EfectricaI Contractors, Inc.
Proposal, continued
-2.
unusuallve;';and teal', v'ar;dalism, obsolesce'nee, weather darnageorother--
cause beyond Tri-Clty's control.
. No Temporary power provided for Standard 12Ovolt (20amp) outlets and power
tools or general lighting during daylight hours,
. No security lighting, electric generator or cost of power consumption included,
Schedule: . Tri-City agrees to furnish a sufficient number of qualified workers to perform the I
work in sequence with a mutually agreed upon schedule, We will rely upon the i
work of other trades to be Gomplefed in a timely manner, prior to our follow-on !
WO~. ~
w Th~ work will be perfofTned during nomlaf working hours. No provisions have J
been included for overtime. multiple shifts, weekend or holiday work, I
'" Vv'e anticipate a start date of June 15, 2007 and duration of approximately 15 '
days.
~ \Ne. hav,.::; included em alimvance of -()- iTIUn-IWuL';-; Df [)\,r'.;_-;r1il,l~~ iFbnillllTl labor
c';ost.
Customer For Tri-.City to pr:Jp.::dy pC:::-Tor;n the I,.vuri<, i!ie. Gustorner shalL
Responsibilities: .. Provide a saf.;;:> work r::rivironmem
.. Allow access to thc~ \vol-k site and use of buirding services incJr,]ding but not
limited to: parking, water, r8stroorns and storage area.
" Provide Tri-Cfty with work rules and special instrucJons prior to the
performance of the work,
.. Remove obstacles from the work area(s) and keep areas clear of equiprm::'llt,
suppfies and materials. ,
. Allow adequate time/phasing for the work and not impede or delay the i
performance of Tri-City's work. . i
. Provide information in the customer's [lnssession that may aid the performance I
of the work such as: O&M manuals, operation Instructions, as-built drawings. I
maintenance logs, utiltty records, etc,
. Promptly notify Tri-City of any unusual operating conditions.
. Allow Tri-City to stop, start, shutdown, turn-off and turn-on equipment as I
necessary to perform the work, .
. Provide waste disposal facilifies, Tri-City w;/I remove packaging, trash and I
waste generated in the penonnancc of thie work and pface in the customer's J
waste containers, ;
. In order for us to begin work, ynu must either a) execufe [his proposal (return II
an original copy to us which will form fhe contract between us) or b) we must
exegute a mutuallyaqreeable cOD.tract. ___,
'':\genda Item No. 16D21
\\Jovember 13, 2007
Page 2-5 of 32
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Trf-City Electrical Contractors, Inc.
Proposal, continued
.3.
The price for the work described above is as fo(fows;
t~f~~i1~1[1~!].1~{iJ{i~;~i~j{;? ;,,; :,~~~~~;~:,.
Base Bid $ 19,938.00
~ LCEC Primary work $ 5,500,00
En ineerin fee f 1,500.00
_________~~ 26,938,00
Safes tax included
This proposr.11 is void alld m~y bfJ wtthdraw.n if not accepttod in writing or a cont,~act Q't,'Tecable Co both parties carow( be negotiated
within IQ calendar d~'s of this date. Unless othi!nvise ,rtated above no provisions for price escalation.s !raPe been included in this
proposaL This pri:.:e may be suhjed to esc:aL'1ti.;)ns after t.he void date
Allowance only
Allowance onl if ap Iicable
Payment & Periormance Bond NtC
Bid OualificafiOlL"
Tri-CY~y has been infomted b}' our various suppliers of eledrical products, that many manufacturers have invoked
price-time cDllstraints on their agreement'!. Current pdcing may be limited to !-':'?,r:y ~!tort periodr; of time c..Tt',zn to tJU?
point of (price in effect at the time of order" basis. Tllts situation is not conducive to the construction indu.stry,
especially for lengthy project!. ji{JlatiIiiy in the market whether caused h}-' nlltural di.ms/us, raw material shortages,
increased demand, strikes, etc., have made it impossible to predict our costs and offer prtciJLg for ex:tentktl periuds
of time;
As a result, the above quoted amount will be qualified as follOl"":
Our proposal iJicludes $4,452.64 of copper based products, whlch is a pretax amount and is based on the pricing
injormatioh available at the present tiJne. These figures wilL be considered your allowance for all products ojthis
nature to be purchased lor thz's project Fz'1zal pricing will be based on the net cha!1g~s betweerr this allowance
amount and- the total C()st at time of shipment Jor the respective group of products. A contract additIve OF deductive
c!tange order will be required for the differences. We wfll provide quotations and all rzeeessary back-up
information as"!,cquired. '
Kraft Construction, Inc.
Acceptance
Tri.City Electrical Contractors. Inc.
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Signatl1~
Signoturo
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~~",,"f:fY
Jolm Rieselman
Sen~ce and Special
Projects Dept Manager
Printed Name
Title
Oat!}
This document is proprietary in nature, for the exclusive benefll of Tn-City and the Buyer oniy, 'Tnis agreement is
not to be disclosed to any other person or entily unless required by law.
FPK LB 4.3
IMMOKALEE . DRIVE 0,12' W
(80' R-O-W)
BASIS OF BEARING)
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November 13. 2007
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IMMOKALEE DRIVE
-8~5"R/W---
Dloef<l,.' liON
A portien of Block 24, Newmorket Subriivi<:;jfln
of Irnmokalee. os recorded :n Plot Book 1,
Pages 104- 1 05, of the Public Records 01
Collier Cour,ty, florida, ::'einc; more particularly
described as fo:lows;
Commencir\g ot the southwest corner of said
Block 24; thence olong the north
right-of-way line of ImmOkolee Drive, North
89'20'00" East. 0 distor"\ce of 382,}7 feel to
the POINT OF BEGINNING: thence North
00'38",6" West, a dist-:..nce of 79.35 feet:
therlce North 89'21'44" E':Js'" 0 cIstance of
14.28 feet; thence North 44'21'44" Fost, (l
diS\8nce of 2_83 feet to 0 point on the
westerly line of those lends described in
O!fcal Records Book ; 518, Page 2029 tlf
the Public Records of Collier Co;;nty, Flor;do;
thence South 00.38":6" Ecst cl<:::,:-;g said
westerly lil'e, 0 distance of 81 ,J,~ fA!"! to a
point on 90;d Mnherly righ~-of~wcy line of
Imrn"ko:ee Driv-e: thence South 89'2::.'00"
I'Vest OiClng soid northerly rilJht-or-I>'loy line, 0
distance of 16.2B feet to the POINT OF"
BEGINNING
ContOI:1ino 1.293 squo~e feet or 0.03 acres,
mo'>? or "less.
40enda Item No. 16D21
~ November 13, 2007
Page 29 of 32
- --------------~
/
THOSE LANOS O::SCRI8ED iN ~
Q,R BOOK 15\8, PACE 202;
~
N
~
, 10'_' I'
'0
,~
GRAPHIC SC;'Lr
N:)T:5:
1 Tr,is:
'$ r'lO~ 0 survey
2 BaSIS of beO(I~;g ;s Slole
F'i(l."1e CClo,dirotes F'iorde- EJst
ZO:1e 83/99 oJJ:.J""'t'nl:n~" Wi[r-,
t'",e Northerly r':qr,t - of ~., way of
l.rr,moK8:cc Dr'l\iC '8preser.:ed by
o l1ecr:ri; of North 59.20'0U"
Eost
.3 Subje(:t \0 eO$-oments,
reservations end restrictiorlS ;:If
record.
'"' Dimensions are in !eet end
ae:;:i:Tlols thereof.
6. Certik:ote of O'Jthorizction
lB 4J.
LEGEND
FOB Point oi O~gi"'rliny
DOC Point or C;,)mmGn~emenl
O.R,B. Officiol Recores Book
~/'N k'ig:'lt-of~woy
<t. Centerline
FOR rHE EXC'_USlVE USE OF:
CoH,er Cou:"t,' Pubii" Schoo>~
DAVO J. H
FLA. uc.
NO"! VAliD W.THi)'d ThS SIGNA1"JRE AND
fHE ORIGINAL ~:"ISE D SEAL OF A FLORIDA
llCFN~F[) SUql/(YOR AND MAPP;;:R
This i, NOT 8 Survey,
WllsqnMlller -"'=.--
........~.._..........'-_._......-
.......~
-,---.....---,......-....-.--
~NOI ~ :tll'MtG1CO'1Q
1ilOf.2-024-11IJ{l [1 t;I' i In_to!
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"genua Item No. 16D21
Novernber 13. 2007
Page 30 of 32
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, lIfu.oJ(Al.E'l t?RIJ'f /
--11! rT--- ----~"=-~~=--- -----------
I , I
FOR: COWI'R coum pvauc SCHOOlB
EXHIBIT OF PROPOSED WALL AR8A
A PORTION OF BLOCK 24,
NElfMARKET SUBDMSlON OF UlMOKALEE,
COLLIER COUNTY FLORIDA
,.CIlC6 ~I'l'\ CHCID'-" CCDPUlI
GCSOO 11ro DJH lH-2Gl
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SCALE:; 1... 1 00'
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O' 25' ~O' 100'
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200'
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this is N.o't 0. Survey.
WII.,MiIIBf -==,-.
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Agenda Item No. 16021
November 13. 2007
Page 31 of 32
~
NEWl.\ARKET SUBDiVISION Or IMMOKAJL BLOCK 24 --____
~)LAT E::JOK 1, rAGCS lD4-1,05
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T;.jOSE l.ANDS DESCRIBED IN
I Q,R. BOOK 1518, P,\Gt: 2029
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Coor::lino',es Flor:j" Ecst lor,,, BJ/Sli'
odj\J~\mct'll, '/;';\"' ~he !,cl'lr,erly
right-of-....e)' 01 Ir'r,rnc_k();l'e tiri\.lt!
repreS~I"1\ecl D~' {) b(!crir)9 of NQrt1i
8S"20'OO" lost
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c__~~KALE~DRJV~_____
1. 80' R/W
J. SI.J:;jec! 1,0 eoser"\en('!I, re,enc\ioI1S
<::lnc restrictiO!"lS 0' rl'{';crd.
D~SCR:PTION
5 Dimensions orp. in feet ond
decirr,r.;.llI (hereol,
A noriinn ,-.! Plnck 24. NII>....,...,cr~\lt S"bdi',i&ion of
Immc.kole\'l, os reccrOed ;'1 Plat 8-oo~ 1, Paoes 104-105,
0' Ihe P",blic ReGor~~ cf Collier Co!.':'>\>,. F'O;dc, being
more portiC..lcr:y desc(!)I!C os !ollo...s;
Com"'e..c.nq at lh.: :.\)",lIl...,~l ~u"l:" 01 soia Bleck 2<1;
\'1er'Ctl 0;0"''' tr.e ro''!!', righl-::oI-wOj line 01 imrT10KQlee
Drive. North 69'20'00" ::ost. a dlslo~ce 0' 398,5~ feet
to !h~ !iovtl-west corner of Ihosu 'c~d!; Oescr:buJ in :""1 R
8Qo~ 15H~. P~ge 2029 01 l~e PJtdic RecordS of Cc;l:er
Co..ntv, Florico;
t"e0cc leCv;r'l~ '\.o;d r'lcrlh ':g'1\-Of-"o)' I.ne, Nor\r
OO'}S'16" I'r"e-~'. oio..,'9 l"'~ Wo~terly,t: L>' "uid oescrioed
lands, 0 ()iSlcl'lC~ of 134,45 feel;
~1ICf'lCC c:;'l\:nuinq Oio",g sci~ WC5(er'y I;',~ NDrt.'1
05'02'53" West, a d;sto"ce- 01 97,.)~ leel \c tr,e "Olr-.l
u~ t::lf.GINN1NC of t"e perCel "'erein ;le:suibed;
thence leo\l;I\<; 5C1:rj W~s'er!y lir.e Sooth 67'47'55" l'Ie~t. c
d;5!onae of 7.';;7 feet: the~ce North cO"Je",6~ West, 0
<1<1';1-.,,,<:,.. of 60.C7 f..t to c ~o:nt 0" the wO:ltccl)' I~"e 01
~ojd described l-onds; lhe'l<:;e S-oul.... )6"0253" Eost, c
distance 01 80.23 leel ta the POINl elr 8EGINN!NG.
6 Cer\;rico!o 01 o..\h"riza\:on lO ...3
LEGEND
1',0.8. Po"nt c! O\\9~l'ln~'1g
PO.C. Point of CO"'\rr',enc~~e""\
OR,S Jflicic; Records BOClk
R!W ~ir;ht .~of -"n1
't. C;ffr-ler;one
rOil r....[ [XCl;';S_IV~ use OF;
Collier CO'''''\y Public $cho'Jls
Cunluin"'9 JCJ sq",o'e reet or O.::l1 oc.rl'1S. more or leSS.
I'
DAVID J
'lA. Lie ND. :)534
NOT VAuD ~')~HOU: "j.,( SI::;NATUI<E AND
TH!: CfHG1NA., Ill"-:,':',.Q SEj\~ 01'" A t"LORICA
L1CENS~D SURV~'fJR Me lYAPPER
This i!l NOT a Survey.
Wi/_Miller _.....".,=..
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___.......n._'..........,._...........,....__ ___
'C ~II;''''~' ::!":,< ~L'R\" ~ O~ 1\ I ,,- ~( _"",,;
Page] of !
[,.]1': jiJ lior: 'I"
COLLIER COUNTY
GOARD OF CQUNTY COMMiS510NEPS
JlemNumber:
')[;:,
Item Summary:
""'11,,'''.imu;
'['1'" c ';"ic' I'W' . ",'1"'; i'H 'O::!',o,;>I [';.,,'~; r.l 0; (~()':'Gr
elr 'J:'C< 'Iv, c":','Hli )1', Ul' ,1\ ....:,:11' ';.rYl.-,r~; ~~" ,;,.,,",i;tnj(:1'O\I n '.Ilii'ly (',,<I''.1i''19
il;:j~
",U'>I
Gf"!,'
,iCC"
Meeting Date:
Approved By
Sarr)' W,li'~n1~
.),cp~t'lr
["lie
r;LJr>II~ S',r'Jw<o"
"ilrk'. ~"r! JC.<>r.r""a' ","
';,'n:20G7 'J1f'!i
-\ppru,'ed By
C\~.,; EJ ::" .::>rdi rldt<1 r
i'ppiic~jlOn'. I'n~i,,;t
:"M"
i'..cin-, ,-.inrttj"
-"!""..n;,,,r:>,
''iiil'" _l'? t,M
'\pprowdlh
.U~-;"';',~,,~, '-:"
, c', i' ~/,
-\pproved By
'\pp..o"nllh
.\pp.-n\'l'd H)
'\P['Tuvcd B.,
'<Jr:>">n"\
":1'''' '<',W".',"',;
..'. J ""~1."
'n,," "..1":'
file:/ /C\A l!enoaTest\Fxnorl\92- Novem her%20 1_,. o/n202001\ 1 (-i %20(,ONSFNT'-'Io20ACiFN
Ili7/2007
Agenda Item No, 16D22
November 13, 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 Fresnel Gabriel and Solange Gabriel (Owners)
for deferral of 100% of Collier County impact fees for an owner-occupied affordable
housing unit located at Lot 125, Trail Ridge,
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Fresnel Gabriel and Solange Gabriel 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 Fresnel Gabriel and Solange Gabriel,
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 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 oilierwise by the Board, iliese agreements be placed on the Consent Agenda for the
Board's review, approval and Chairman's signature,
FISCAL IMPACT: This agreement defers $19,372,52 in impact fees, Although it is expected
that ilie 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 Fresnel Gabriel and Solange Gabriel
located at Lot 125 Trail Ridge, Naples,
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
Item Number:
Item Summary:
Meeting Date:
Page ] of 1
Agenda Item No, 16022
November 13, 2007
Page 2 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16022
Recommendation that lhe Board of County Commissioners approves. and authorizes the
Chairman 10 sign. a lien agreement with Fresnel Gabriel and Solange Gabriel (Owners) for
defelral of 100%, of Collier County impact fees for an ownel-occupled affordable housing unil
localed at Lot 125. Trail Ridge
11113/200790000/;M
SHIP Program Coordinator
Dale
Prepared By
Frank Rllm5ey
Public Services
Housing and Human Services
10119/200711:45:5SAM
Marcy Kr1Jmbine
Director
Date
Approved By
Public Services
Housing & HUl11an Services
10123120076:15 PM
Approved By
JeffKlatzkow
County Attomey
AssIstant Coullty Attorney
Date
County Attomey Office
10125120078:1JAM
Marla Ramsey
Public Services Administrator
Dale
Approved By
Public Services
PubliC Services Adm;n
10/3012:0079:41 AM
Approved By
OMBCoordinlltor
AdminlslrlltiveServices
Appllcations/\nalyst
Date
Intormat;onTl!!chnology
111112:00711:0JAM
MlIrkisackson
BudgotAnZllyst
DAe
Approved By
C"unly Manager's Olfice
Otrice of MlIllagement & Budgel
11i2l200712:17PM
Approved By
Jame..V. Mudd
BoardofCounly
Commissioners
County Manager
Date
County Manager's Offi(;e
1115120077:59 PM
file://C:\Al!endaTe~I\F.xnm1\92-Nnvemher%70 11 %70)0n7\ 1 n %')orONSFNT%')OAGFN
11/7n()07
Return I"
Agenda !ism l.,jo. 160 2
November 13. 20 7
Page 2 [0 5
l;rllnkJb.m~9.
C"llifrCOUII1} liltS
BBI L 'I.miami Trail
l\apln.Florida34112
Fil.# 1l8.1l63-IF
Thj~ SJllIcr forrccordinli:
LIEN AGREEMENT FOR DEFERRAL OF HIO':;', OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCIII'IEIl AFFORIlABLE HOUSING DWELLING UNITS
This Agreement is cnh:red into this ~ day of October. 2007. hetv.'een Collier County. a
political subdivision of the State of Florida ICOUNTY) and "'Fresnel Gabriel and Solange Gabriel"
(O\VNER). collectively stated as the "'Parties."
NOW, THEREFORE, for good and valuahle consideration, the receipt and sufficiency of
which is mutuaJl) acknowledged. the Panies agree as f,..,llows:
1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County. Florida. kno\vn as "The Collier County Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any conflict with this Agreement. the tenns or the Ordinance
shall apply.
2. The legal description orth~ dwdling unit is attached as Exhibit "A.n
3. The tenn of this Agreement is [rom the date set forth ahove umil the impact fee is r~~raid.
4. The amount of the impact fcC's deferred shall he paid to the COUNT)' in full upon: a) the
sale of the dwelling unit; h) the refinancing of the dv,"clling unit c):1 loss of the homestead
exemption: or d) the first occurrence of any sale or lransfer of any part of the affected real
property, and in any such event the deferred impact fees shall be paid in full to the C01TNTY
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 dererred impact fees is Nineteen Thousand 'nlrcc
Hundred Seventy Two and 52/100 Dollars ($19.372.5"), Repayment shall include any
accrued interest. J ntcrest shall he computed at the rate of five percent (5%) per annum. hut in
no event shall it exceed twenty-five percent (25~{,) of the total fce amount.
5. The deferred imp;.!ct fees shall be a lien on the property described in Exhibit "A," which lien
may he foreclosed upon in the cvcI1l of non-compliance with the Ordinance or with this
Agreement. This Agreement shall opcrate as a lien against the dwelling unit. The lien shall
tcm1inate upon the recording of a release or satisfaction of lien in the puhlic recllrds or the
County. 1'11(' deferrals of impact fees and this Agreement shall run \-vith the land, and neither
the deferred impact fees nor this .Agreement shall be transfnred, assigned. or otherwise
conveyed. Except as pro\'idcd n.:. law. rc~ardless of any foreclosure on the first mong~be or
other security' interest, this lien shall otherwise he superior and paramount to the interest in
the dwelling unit of any Dwner. lessee. tenant, mortgagee. or other person. except th<1t this
lien shall he on parity with any lien lor County taxes.
6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shaJl record
any necessary documcntalion evidcllcing same.
7. In the event the O\\lNER is in dcf~JUIt under the Ordinance or this Agreement. and the default
is not cured within 30 days after ""Titten notice is pro\'idcd 10 the OWNER, the COUNTY
Agenda Item No, 16022
November 13, 2007
Page 4 015
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 Agreerncn~ pill.." interest at the then maximum statutury rate for judgments calculated on
a calendar year basi..", until paid.
8. This Agreement is the sole agreement between the parties with respect to the subject matter
herei~ and shall be binding upon the O\VNER'S successors and assigns in interest.
9. This Agreement shall be recorded in the official records of the County at no cost to the
COUNTY,
IN WITNESS 'WHEREOF, the Parties have executed this Agreement on the date and year first
above vlrittcn.
Attest:
DWIGHT E, BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
By:
By:
, Deputy Clerk
JAMES COLETIA CHAIRMAN
OWNER:
\II:itncsscs: _-",
..-
...." / .'. j
\.:;:~'?r, (..
0:'::;:.\, ..~ I
~_\.'.'. ~"L-
Fresnel Gabriel
:..... -<.~,- .
~, ./,
Print Name:: y,.
,}
WitT!csscs: ..--,)
_~,." !",.- "".u. ..:;;:;TZ4!":' \-..,.:t,- "
PrInt Name 1\...-,,-, I,(JA \.i j ./ f ".!/
OWNER:
,/ ), t'r, '/);/ '.
~ /) ~_; 'i 'll';./t: L~c'..//
Solangc Gabriel
I
1" t. )
STATE OF FLORIDA)
COUNTY OF COLLIER)
The ,fgregoing Agreement wa<; acknowledged before mt' this _j~ day of L,~ /!,; _ r" ,
2007, by ~ , C-,,<!1J /i___c~'!.!:.".:"i.:::-~.--i:;.,j j., who is personally kllO""ll to me or has produced
as proof of identity.
~"".JV-.I'J'~
~ I"'Q I ARl:AcL SEALr.... .
l~~~~. \"',::;,;~~;'1!,'.,_,:"'""_',,,,",.,',.' ~
~~'
,-)
,';~:-
--,-~,,;.{': ~'/"_. "".
Signature of Person Taking Ac.:knowlcdb'lTlCnt
APProV~d a t~. 1'f"1Tl
and legal s fJ,l;i""CV-
i:' '-.~ \' r' .
Rc~ommcnd A\,proval:
I \
\, ;
./ \ i
,\t~........~~ ~./'-'"
'-Marcy Krumbine. MP A
Director
Collier County Housing and I-Iuman Services
Jeffrey A. Klatzkow
Chief Assistant'.County Attorney
, ...
"
q
\I
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 125, Trail Rid~e, according to thl' plat thereof,
as recorded in Illat Ilook 44, Pages 71 through 77,
inclusive, of the Public Records of Collier Count}' l Florida.
EXHIBIT "'R"
IMPACT FEE BREAKDOWN
T)'pc oflmpact Fec
A. EMS Impact Fee
B. Correctional Facilities Impact Fcc
C. Library Impact Fce
D. Commwlity Parks Impact Fcc
E. Regional Parks Impact Fee
F. Educational Facilities System Impact Fec
G. Road Impact Fcc
H. Government Buildings impact Fcc
I. Law Enforcement Impact Fee
1. \Vater Impact Fce
K. Sewer Impact Fcc
TOTAL IMPACT FEES
J.<\K ^rpmvcd _/_/_
Agenda Item r,o. 16022
November 13, 2007
Page 5 of 5
Amount Owed
$]00.59
$62, ]4
$368.] 8
$750.00
$1,65YIIO
$2,862.110
$6,05Y.OO
$410.00
$171.6]
$3AI5.1I0
$3.5]5.00
$19,,172.52
Agenda Item No. 16023
November 13, 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 Vivian Alonso (Owner) for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing unit located at Lot
127, Trail Ridge,
OBJECTIVE: That ilie Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Vivian Alonso 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 Vivian Alonso, 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 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 $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 Vivian Alonso located at Lot 127,
Trail Ridge, Naples,
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
-
Kl'lurn to
Agenda Item No, 16023
November 13, 2007
Page 2 of 5
1'n1llkKsmso:y
CollicrCounl\' IIIIS
J3m L Tllmi~mi Tnll
NlIples.Horid.J4112
File# 08-0S7.IF
This Splll'C rorrl'eDrding
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 October, 2007, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Vivian Atonso" (OWNER),
collectively stated as the "Parties."
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties agree as follows:
1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance
shall apply.
2. The legal description of the dwelling unit is attached as Exhibit" A."
3. The term of this Agrei:ment is from the datc set forth above until the impact fee is repaid.
4. The amount of the impact fees deferred ~hall be paid to the COUNTY in full upon: a) the
sale oftbe 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 transf(..'f of any part of the affected real
property, and in any such event the defcrrcd impact fees shall be paid in full to the COUNTY
notla1er then the closing of the sale, or not later then the effective date of the transfer. As set
forth in Exhibit <'8," the amount of the deferred impact fees is Nineteen Thousand Tluce
Hundred Seventv Two and 52/100 Donars ($19.372.52), Repayment shall include any
accrued interest. Intere~i 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 fec 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 thc Ordinance or with this
Agreemcnt. 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 Agreemcnt shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, a.<;signed, or othen-vise
conveyed. Except as provided by law, regardless of any foreclosure on thc first mongage 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 Aboreement's requirements, COUNTY shall record
any necessary documentation evidencing same.
7. In the event the OWNER is in default under the Ordinance or this AgreemenL 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 fce amount in default as set forth in the Ordinance,
or bring a civil action to enforce this Agreement, or dedare that the deferred impact fces are
Agenda Ilem No. 16[123
November 13, 2007
Page 3 of 5
then in default and immediately due and payable. The COUNTY shall be entitled to recover
all fees and costs, induding attorney's fee and costs, incurred by the COUNTY in enforcing
this Agrecment, plus intcrest at the then maximum statutory rate for judgments calculated on
a calendar year ba'iis 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 a<;signs in interest.
9. This Agreement shall be recorded in the ofTicial 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, CHAIRMAN
/',^rjtn~si:'::$:
/~;.:)J (. .> ..\ / ,'e
Jl,int Name '; {,." ,#-_ f../ '~/:I, .~,/ tf''--
OW';ER:
i i
Vivian Alonso
OWNER:
v..~tne~ /-)L// -J. I.
\..,-tfi'Jf;u.l v ('\,. :..:..w1.-v~.{/':""
Phnt Name c~m~LJ}_':' i(. ;i" (1 YJd-
STATE OF FLORIDA)
COm,TY OF COLLIER)
(>v- /' ,
h ' / ... ,/ /'L
The foregoing Agreement wa<; acknowledged. efaTe 111C this ~ day 01
2007, hy-L.. ,,- t.; ;. . \:~o_t~JJ(:rsollal!L_krl(l\~'I)_tL13l~9r has produced
, . . __~___"'~_ ._~_~_~ as pwof of identity.
~^RIAL SEAL]
, ". ~V,~__
i ,cW"'" ".\1', i """ '1',""'-"'"
,~.,.,./;- ......:,':::''';;.:1
-."" '" .."'- l'-li.
..":;':';''':;'>'';''' t' '_,to .,.,.;,..
" "'f"^"-"\,,''''^''V'....~(
APprovef. a~ t7 f~
and legall'uflic~
~ih~~_
Jeffrey A.f-Iatzkow
Chief Assfta4t',county Attorney
J
ii
j ,,__,if '
~-.......:....~~LL.~. "i
Sjgmtturc of Person Taking Acknowledf,'Tllent
/
v
Recommend Approval:
\
,
( . . \ . (
~'~'--l'--l- '--/ '--.. ---.0
--1v1aTc)' Krumbide, MP A
Director
Coli ieT County Housing and Human Services
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 127, Trail Ridge, according to the plat thereof,
as recorded in Plat Hook 44, Pages 71 through 77,
inclusive, of the Public Records of Collier Coon!)', Florida.
EXHIBIT "B"
IMI'ACT FEE BREAKDOWN
Type of Impact Fee
A, EMS Impact Fee
B. Correctional Facilities Impact Fcc
C. Library Impact Fee
D. Community Parks Impact Fec
E. Regional Parks Impact r ~c
1', Educational Facilities System Impact fee
G. Road Impact Fcc
H. Government Buildings Impact Fce
L La",,' Enforcement Impact Fee
J. V\' aler Impact Fcc
K. Sewer Impact Fee
TOTAL IMPACT .'EES
JAK AflProved_I_/~_
Agenda Item r,o. 16023
r~ovember 13, 2007
Page 4 of 5
Amount Owed
$100,59
$62.14
$368.18
$750,00
$] ,659.00
$2,862.00
$6,059.00
$4]0,00
$171.61
$3.415,00
$3,515.00
$19,372,52
Item Number;
Item Summary:
Meeting Date:
Page 1 of 1
Agenda Item No 16023
Novf-)mber 13. 2U07
Page 5 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
15023
Reccm!'1endat'on tilat !l1f, Boar.j of County CQmm,sslC'rlE'rS approves ilnd autnorizes me
Cna,rman \0 s'gn, a lien 2qreen'ent wltrl \,i,vian Aionso :Gwnefj for deferra' of 100% 0; Col!'er
County impactfeesf0'al10Wner-occupieciafforciahlellousingllniliocateciat LO(127, Trail
Ridge
1111312U07 SO(i QD A.M
Date
Prepared By
Frank Ramsey
Public Services
SHIP Program Coordinator
Hou!;ing and Human Services
10119!20071147:33AM
Dat~
Approved By
Marcy Krumbine
Public Services
Director
Housing & Human ServIces
1012312()()7B:1JPM
Date
Approved By
JeffKlatzkow
County Attomey
Assistant County Attorney
County Attomey Office
10125i20077:55AM
Marla Rnmsey
OJI!!
Approved By
Public Scrvic!!s
Publlc S.crJices Administrator
Public ServICet Admin
10/30120079':2AM
Approved By
DMBCoord"'atof
Administratl'J<:Servic.es
Appl!cations An~I~lst
:Jilt"
iniorrn,'tlor.lechnoloQ\'
'1n:ZO(i711:0SAM
Dme
Approved Uy
'ilarklsackson
C"':nIV Man~ger's Office
B\J:tgell-\.nalyst
Dfiicr01 1\1ana(wmen\& Budqet
1 :!~/2(J07 ~:;3;) PM
CJle
Approved By
James \'. ~,\udd
Boan.! olCo1ml,
Commissioncrs
Ccunly ManJger
Count, Manage"'!; OffLce
1112,'2U07 5:29 PM
f;1",.11r'.\ ^,.,,,..."\..."T~,,+\D~...~ri\O'l "'T~..",~l.....~O':'lfl1':! 0/.'(1''1(\(\'7\ 1&: 01. "l(\rA"l.l{'"Cl<.1'T'01'If'lA rr.l<.l
11I"TI'lf'l('l'"
Agenda Item No. 16D24
November 13, 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 Lennar Homes LLC (Developer) for deferral of
100% of Collier County impact fees for an 8 unit owner-occupied affordable multi-family
housing units located in a pareel of land in Section 23, Township 48 South, Range 26 East
Collier County, Tract E, Heritage Bay Commons (9059 Gervais Circle),
OBJECTIVE: That ilie Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Lennar Homes LLC for deferral of 100% of
Collier County impact fees for owner-occupied affordable multi-family housing units.
~-
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 Lennar Homes LLC, which
application, after staff review, was determined to qualify for the program. Lennar Homes LLC
will sell the units to persons whose legal status will be verified, documented and kept on file at
the office of Housing and Human Services, If the developer fails to comply with the terms of
the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal
residents, the full amount of deferred impact fees shall be immediately repaid to ilie County,
including all applicable interest and penalties, The property is located the Heritage Bay
Commons subdivision in Naples.
The ordinance requires that a lien agreement be entered into with the Developer 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 Developers 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 Chailman's signature,
FISCAL IMPACT: This agreement defers $146,064,64 in impact fees, Although it is
expected that the County will ultimately collect these defelTed 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 Pees for
Owner Occupied Affordable Multifamily Housing Units for Lennar Homes LLC located in
Section 23, Township 48 South, Range 26 East Collier County, Tract E, Heritage Bay
Commons (9059 Gervais Circle).
PREPARED BY: Prank Ramsey, SHIP Program Coordinator, Housing and Human Services
Return to
I
Agenda Item No, 16~24
November 13, 2 07
Page 2[ f 5
I
. .
frank RlIm~n
HonsillgllndlillmanSen'kcs
3301 E. Tallllllmi'lTllil
l'aple~, Florid~ 34112
File# OS-072.IF
This splice forncordillg
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 (~!! day of October, 2007, between Collier Cm.IDt)', a
political subdivision of the State of Florida (COUNTY) and "Lennar Homes LLC" (DEVELOPER),
collectively stated as the "Parties."
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Partics agree as follows:
L This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier COlmty, Florida, knovm as "The Collier County Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any conflict with this Agrecment, 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 issuance of this Agreement until six (6) months after
issuance ofthc ccnificate of occupancy Cor the d'vvelling unit(s).
-1. The amount of the impact fees d::fcrrcd shall he paid to the COUNTY in full upon the sale of
the dwelling unit(s), unless the dwelling units arc sold 10 households meeting the criteria set
f(mh in tllC Ordinance, and the impact fees arc duly deferred. As set forth in Exhibit "E," the
amount of the deferred impact fees is Que ]-lundrcd Fort" Six ThoLlsand Sixt", Four and 64/] 00
Dollars ($] 46,064.64 ),
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 or non-compliance with the Ordinance or with this
Agreement. This Agreement shall operate as a lien against the dwelling unites). 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 rUll ',:\'ith the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed from. Except as provided by InVl.'. regardless of any foreclosure on the first mortgage
or other security imcTcsL this lien shall otherwise be superior and paramount to the interest in
the dwelling illlit of any 01J..11Cr, lessee, lenant, mortgagee. or other person, CAcept that this lien
shall be on parity \vith 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 oflicn.
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
delinquenc}. 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 dvil action to enforce this Agreement. or
Page] of2
~
Agenda Item No. 16
~\jovember 13, 2
Page 3
declare that the deferred impact fees arc then in default and immediately due and puy'able. The
COUNTY shall be entitled to recover all fees and costs. including allomey's fee and costs,
incurred by the COUN'fY in enf~)rcing this Agreement plus interest a1 the then maximum
statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will
sell the unit 10 persons whose legal status \\'i11 be verified, documented and kept on me at the
office of Housing and Human Services. If the developer fails to l:omply with the terms of the
agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal
residents, the full ::mlOunl of deferred impacl fees shall he immediately repaid to the County,
including all applicable interest and penalties.
8. This Agreement is the ::;oh.: agreement between the parties with respect to the subject malier
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 \VITNESS WHEREOF, the Parties have executed this Agreement on the date and .year
first above \\.Tittcn.
Attest:
DWIGHT E BROCK. Clerk
BOARD OF COUNTY COMMISStONERS
COLLIER COUNTY. F1.0RIDA
By:
By:
. 1 kputy Clerk
JAMES COLETTA. Chairman
DEVELOPER: Homes, LLC
\Vitnesses:
"'\ .' : ~
L \, \-,h" I\,\'.(I.I\{{'
hint l'oame I )"'I-'{),, \JiiLl.LC<___
vi! -;7, v-V~L
Print Namc~----1v. i/\ f\ L.r'\ .-t1n'\
:'--7'.-. '~~.;:-
~~t:;;~;~'~2';;~ ?-LZ~Fo
litle: u6;F /~-
STATE OF FEORIJJA
COUNTY OF COELIER
The rore~oing instrument \\ as ;:Ckl]()\\ led!:,ed before me Ihis 1&!!
_____OclOher, 2007, hy ~ohD___\:rJ::)dI::rl_D._ as _\J\cg,_PrJS}c\p m-
LENNAR H()~lES. LtC. vI/hn is ner<;nn:dh known to mc or has prod\lc~d
idcmi fication.
day of
for
as
[NOTARIAL SEAL]
(t"w~'<<~i~/
~~: r~ntan a'lhlicl
{/' . V
'.Jen~~~4-I1Jj2fl:L_
(Pnnt Name of:.JolaryPuhlic)
N~!:~:Y Pl."SU::STATf. or J-1JlR.:IJA
"'W'''' Jcnrufer Lcinh Ford
~ ~ }Cem.missioL) ~ 13D68D507
-".."""", ExpIres: ,\lAY 31,2011
llot.DW TillW ATL\S1K bU:;iJL~G co, INe.
Recommcnd l.1ppn~va]:
,/ ;
'.' ('
" _.:.____. ---, -0
./:t\;larc:. Kru!llr)i~e. Dir..:ctur of
1111using 8:.- J Iuman Services
Page 2 01'2
24
07
f 5
--
Agenda Item No. 16 24
November 13, 2 07
Page 4 f 5
EXHIBIT "A"
LEGAL DESCRIPTION
A Parcel ofl,and in Section 23, Township 48 South, Range 26 East Collier County. Florida: A
Portion of Tract "E", Heritage Bay Commons, a Subdivision as Recorded in Plat Book 43,
I)ages 46 through 54, of the Public Records of Collier Count)', Florida (An 8 Unit
Condominium Building)
EXHIBIT "B"
IMPACT FEE BREAKDOWN
9059 GCn'ais Circle
8~Onit Building
l'NlT A
~____~_.~~O sf Liying,
UNITB
1 ,543 s~,.!:~'y!ng
A. ROADS $ 6,U59.00 $ 6.059.00
B. EMS $ j(HU9 $ 111.04
C. CORRECTIONAL $ 78.84 $ 90.11
D. LIBRARIES $ 368.18 $ 368.18
E, COMMUNITY PARKS $ c50.00 $ 750.00
F REG10NAL PARKS $ 1,<J59.00 $ 1.659.00
G. SCIIOOL $ 2J~G2.00 $ 1,862.00
H. GOVERNMENT BUILDINGS $ 410.00 $ 410.00
I. LAW ENFORCEMENT $ 171.61 $ 171.61
J. WATER $ 2,290.00 $ 3.415.00
K. SEWER $ 2.355.00 $ 3.515.00
TOTAL FEES PER UNIT $ 17.104.22 $19,41194
NUMBER OF UNITS 4 4
TOTALS BY UNIT TYPE $68.4 16.88 $77,647.76
TOTAL IMPACT FEES S 14("()(,4.64
Item Number:
Item Summary:
Meeting Date:
Page I of I
Agenda Iten' ~h, Hie2"
Novemb(:'1
f-':"W fif~'
COLLIER COVNTY
BOARD OF covruy COMMISSIONERS
1SD24
RE';::GnHDPr~datlor' that tilE: EDam of County Comm!SSloners appro'leo and authorizes the
Cnalm13n to Slgl"1 a !Ien agreement with Lennar Homes LLC iDevC'lq'N) tor oeicrral 01 1 ClO/:'
otCoii'er CO'Jnty 'mpac:lees loran 8 unilowner-occuPleo aftordaLle "lultl-1wllily hous'ng
units IOC3.'ed in 3 parcel ol:ilnd Inc,€cl:on22, Township 43 South h>nge26 East Collier
County, ;ract E '1eritage Bay COllllllons i9059 GervaisClfclei
11!1Ji20CF,'OOOC;"M
Dale
Prepared By
Frank Ramsey
Public Services
SHIP Program Coordil1ator
Hous;ngandHumnn Services
10/221200710:31:30AM
Oatil
Approved By
M3rcyKrumbine
Public Services
Director
Housing &Human Services
1012312007 S57PM
Dale
Appro\'ed By
JeffKlatzkow
County Atlornoy
Assistllnt County Attorney
County At10rngy Office
10:25/20077:59 AM
Dale
Appro\'cdBy
Marla Ramsey
PUblic Services
F'ut>lic SgrvrcesAdn"nis:ratcr
Fublic Scr',ic""Admin
1013ni2007 11:57 AM
f)"t{'
Approved By
OMS Coordinator
AdminislralivcSer-"ces
Apl1l'CMwnsl>.naiyst
Inlo,matio,-,Tcchn.:liogy
11,'1;ZOC711:0;:.AM
Approved By
DM<2
Mu" IS~Gkson
Cu'nly V,3"'geu; Off,ce
P,udpetl\n"lysf
Ofiicecfr,',anfgcmenf& 8urlqet
! 1 :2i:~OO: 338 PM
[Jat",
Approved By
.Ja~ne~, V Mudd
BD,noo/County
Commiss,oners
C()llr1t\" f{"nager
County '''''''lager's Off,,::e
11/5/20071':02 PM
r.l~.I/r<.\ ^ ~~_..l~'l'~~.\L',,_~_.\{)., "T~, ",~1-,,~O/->(\l" 01'1(\"'>(,,,.,, 1 L. O/"l(1r<""T(,T:'"rro/"l(1 ^ r<..,,,r
"''''''(1(1''
Agenda Item No, 16025
November 13, 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 amount of $415,000.00 to One by One Leadership
Foundation for infill in order to support the construetion of housing units.
OBJECTIVE: One by One proposes to construct approximately three (3) owner
occupied replacement single family homes that were severely damaged by Hurricane
Wihna in Immokalee.
CONSIDERATIONS: Funding in the amount of Four Hundred Fifteen Thousand
dollars ($415,000,00) has been awarded 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 accepted and signed the contract
for $2.3 million in DRI funding with the Depaliment of Community Affairs on May 22,
2007. This project is one of the six projccts prcviously approved,
.--
FISCAL IMPACT: Approval of this contract will provide a Disastcr Recovery
Initiative funding in the amount of S415,000.00 to One by One Leadership Foundation
for infilL No general funds will be used for these projects,
GROWTH MANAGEMENT IMPACT: The proposed grant to One by One
Leadership Foundation will benefit the low-income rcsidents of Immokalee, 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 County sincc 2001. -],A.K.
RECOMMENDATION: To approve and authorize the Chairman to sign a subrccipient
agreement providing a $415,000,00 grant to One by One Leadership Foundation. This
funding will be used for infill, in order to be able to build three (3) homes in Immokalee
for low income, lcgal, residents using Florida Department of Community Affairs
Community Development Block Grant funds,
Prepared by: Sandra Marrero, Grants Management Coordinator
Housing and Human Services Department
~
Agenda Item No, 16025
November 13. 2007
Page 2 of 25
AGREEMENT BETWEEN COLLIER COUNTY
AND
ONE BY ONE LEADERSHIP FOUNDATION INC,
INFILL - IMMOKALEE
Florida Administrative Code 9BER06-1
CFDA # 14.228
THIS AGREEMENT, is made and entered into 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 "SUBRECIPIENT",effective May 23, 2007,
WHEREAS, the COUNTY has entered into an agreement wiili 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 SUB RECIPIENT 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
by the Parties as follows:
One by One LeadershIp, Inc.
Infill - Immokalee
Page 1 of 23
Agenda Item No. 16D25
November 13, 2007
Page 3 of 25
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" means the written approval of the Housing and Human Services
Department or designee,
(6) "HUD" means the Secretary of ilie 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) "DR!" 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 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 are contingent upon the
timely release of funds for this project by DCA under Agreement No, 07DB-3V-09-2I-Ol-Z 01, 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 April 30, 2009, _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 COlJ'NTY for allowable costs, determined by COUNTY and DCA,
in an an10unt not to exceed Four Hundred Fifteen Thousand dollars ($415,000) for the services described in
Exhibit "A,"
All improvements specified in Exhibit "A" shall be performed by SUB RECIPIENT 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 project
V. NOTICES
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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 1I 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, 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:
L SUBRECIPIENT acknowledges that it will adhere to all applicable terms of the Federally Funded 2005
Disaster Recovery Sub grantee 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 tlle 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 Department or designee.
Should a project receive additional funding after the COI1Ullencement 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 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,
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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 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 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 the Rehabilitation Act of 1973
16. Uniform Relocation Assistance and Real Property Acquisition Policies Act of1970
17, 29 CFR Parts 3, 5 and Sa - 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 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,
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18. Revised Order Number 4 - Regulations that establish guidelines for the
implementation of Executive Order Il246 as amended by Executive Orders Il375 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 - tl1e 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 armual audits,
27, OMB 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-II0 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,
3 I. Chapter 427, Florida Statutes - which requires the coordination transportation for ilie
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 parent, legal
custodian, caregiver, or other person responsible for the child's welfare, as defined in
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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 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 ofIobbying the legislature, state or county agencies,
C, SUBCONTRACTS
Any work or services subcontracted by the SUB RECIPIENT 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 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
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 pi arming shall be negotiated fixed fee
contracts, All additional services shall have prior written approval wiili 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 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, Any modifications to this contract shall be in compliance with the
County Purchasing Policy and Administrative Procedures in effect at the time such
modifications are authorized,
E. INDEMNIFICA nON
The SUBRECIPIENT shall protect, defend, reimburse, 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 oilierwise, arising during the
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performance of the terms of this Agreement, or due to the acts or ornlssJOns 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 ilie 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 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 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, photob'Taphs, reports prepared, and capital
equipment secured by the SUB RECIPIENT 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,
L 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 (I 0) 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 Cornmunity
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,
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H. INSURANCE
The SUBRECIPIENT agrees this coverage shall be provided on a primary basis.
I. 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
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 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 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 deductibJes, self-insured retention
or uncovered losses, The SUBRECIPIENT agrees this coverage shall be provided on a primary
basis,
3. ADDITIONAL INSURED
The Sl.JBRECIPIENT 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
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
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 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 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,
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1. INDEPENDENT AGENT AND EMPLOYEES
The SUBRECIPIENT agrees that, in aU 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 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. DOCUMENTATION AND RECORD - KEEPING
L The SUBRECIPIENT shall maintain all records required by the CDBG Federal
Regulations,
2, AU 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 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, tl1e 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 ilie 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,
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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. DCA. 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, DCA or HUD at any time.
F, PRIOR WRITTEN APPROVALS-SUMMARY
The following activities require the prior written approval of the HHS Department or desil,'Ilee
in order to be eligible for reimbursement
(a) All subcontracts and al,'feements proposed to be entered into by the SUBRECIPIENT
pursuant to this Agreement;
(h) All capital equipment expenditures of$I,OOO 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 ilie expiration of this agreement for
programs described in Exhibit A, and
(f) All rates of pay and pay increases paid out of DR I 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 Comptroller General of the United States may deem necessary, there shall be made
available by the SUBREClPlENT to HHS, the COUNTY, DCA, 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 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-1IO (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 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 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 SUBREClPIENT, In the event the SUBRECIPIENT is
exempt from having an audit conducted under A-133 (Audits of State, Local GoverrUllents, and
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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 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 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, progranl income balances, and receivable accounts to the COUNTY),
and determining the custodianship of records.
IX, OTHER PROGRAM REOUIREMENTS
A. OPPORTUNlTIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPlENT 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 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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B. OPPORTUNlTIES FOR SMALL AND MINORITY/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 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 Aunual 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. 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, the COUNTY or HUD on forms approved by HHS to enable HHS to
evaluate said progress 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 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 perfonn hereunder, have not been placed on the convicted vendor list
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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, 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 undersib'lled 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 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
One by One Leadershlp, inc.
Infill - lnnnokalee
Page 13 of 23
Agenda Item No. 16D25
November 13. 2007
Page 15 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 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 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
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.
XL 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.
One by One Leadershlp, Inc.
Infill - Immokalee
Page 14 of23
Agenda Item No. 16D25
November 13, 2007
Page 16 of 25
- XI1. 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.
One by One LeadershIp, Inc.
Infill - Immokalee
Page 15 of23
Agenda Item No. 16025
November 13, 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.
IN WITNESS THEREOF, the parties hereto have caused this 23 page agreement to be executed by their
undersigned officials as duly authorized effective the 23"d day of May, 2007.
BY:
ONE BY ONE LEADERSHIP FOUNDATION
INC.
!~
~-J/ .'
( " /. ~~e",-<--j.,;,....}lc4
A WSON, 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
o form and
Jeffrex'A. ~ilatzkow
Mana~ng ~sistant County Attorney
One by One Leadership, Inc.
Infill- Immokalee
Page 16 of23
Agenda item I~O. 16025
Novernber 13. 2007
Page 18 of 25
EXHIBIT "A"
SCOPE OF SERVICES
One by One
Infill - lmmokalee
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 severely damaged 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 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. 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 3 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 SUBRECIPlENT 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 Ihe 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 SUBRECIPIENT shall not request reimbursement from HHS for materials or equipment
received and stored on the project site or elsewhere. The SUBRECIPIENT shall only request
reimbursement 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 Aunual Income
qualification guideline as outlined by HUD prior to initiating any action regarding the replacement
housing.
One by One Leadership, Inc.
Infill- Immokalee Page 17 of23
Agenda Item No. 16025
November 13, 2007
Page 19 of 25
Will facilitate the signing of a lien/mortgage.
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 SUBRECIPIENT's compliance with the above.
C.
BUDGET: One by One-Intill
Line Item: Demolition/clearance, site
preparation, relocation, fill, utilities
hook -up and construction
Administrative/project costs covered
Under CFR Part 570, Subpart C and J
DRI
$373,500
$41,500
TOTAL PROJECT COSTS
$415,000
D. STAFFING: Provide list of staff directly responsible for reporting and request for payment processing.
E. BONDING REQUIREMENTS: 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 paymcnt bonds.
F. FORMER PROJECTS: Failure to adequately maintain any former CDBG/HOME/SHIP funded
project may resuIt in the delay of processing reimbursement requests for ongoing activities or in the
forfeiture of future CDBG/HOME/SHIPIDRI funds.
G. WORK SCHEDULE: The time frame for completion of the outlined activities shall be:
End Date
A ril 30, 2009
Please note that if any of these activities exceed the timelines by two months a revised work schedule
must be submitted to HHS.
H. 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 DRI funds, in part or in whole, and which is required in
fulfillment of their obligations regarding thc Project. The progrcss rcports 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.
1. DAVIS-BACON ACT: The SUB RECIPIENT shall request the County to obtain a Davis-Bacon wage
decision for the project prior to advertising the construction work. The SUBRECIPlENT 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).
One by One Leadershlp, Inc.
Infill - Immokalee
Page 18 of23
Agenda item ~Jo. 160 5
November 13. 20 7
Page 20 of 5
J. 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 repOlis. Payments shall bc made as work progresses, but
not more frequently than once per month. Adhercnce to the work schedulc will be required, unless
modified in writing by the pmiies. Payment will be made upon receipt of a proper invoice and in
complimlce with Section 218.70, Fla. Stats., otherwise known as the "Florida Prompt Payment Act".
One by One Leadershlp, lnc.
In fill - !mmokalee
Page 19 of23
Agenda Item No. 16025
November 13, 2007
Page 21 of 25
EXHIBIT "B"
COLLIER COUNTY HOUSING AND HUMAN SERVICES
REQUEST FOR PAYMENT
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: DRI 05-0 1
Payment Request #
Dollar Amount Requested: $
STATUS OF FUNDS
I. Grant Amount Awarded
$
415,000.00
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
$
$
5. Amount of Today' s Request
$
6. Current Grant Balance (Initial Grant Amount Awarded
Less Sum of all requests)
$
I certify 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)
One by One Leadership, Inc.
Infill - lnunokalee
Page 20 of 23
Agenda Item No. 16025
November 13. 2007
Page 22 of 25
EXHIBIT "C"
DR! MONTHLY PROGRESS REPORT
Complete/orm/or past month and submit to Housing &Human Service's staffby the J(j/' o/the/ollowing
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 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 any potential issues that may cause delay.
One by One Leadershlp, Inc.
Infill - Immokalee
Page 21 of23
Agenda Item No. 16025
November 13, 2007
Page 23 of 25
6. New contracts executed this month (if applicable):
Name of Contractor or Amount of Contractor Race Etlmicity
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 housebolds 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 cun-ent
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 number in box "3. "
Of these 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 lIumber in box 1.
FEMALE HEAD OF HOUSEHOLD
This project assisted
in box "5" below.
Female Head of Households REGARDLESS of income. Enter this number
BOXl BOX2 BOX3 BOX4 BOX5
Total Number of Extremely Very Low Income Female Head of
Households or Persons Low Income Low lncome (51-80%) Household
Assisted (0-30%) (31-50%)
One by One Leadership, Inc.
Infill - Immokalee
Page 22 of 23
Agenda Item No. 16025
Novem!:ler 13, 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 Island$, 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, Puerto Rican, South or Central American, or
other Spanish culture or origin, regardless of race.
Tahulation 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
TOTAL:
One by One Leadershlp, Inc.
Intill - Immokalee
Page 23 of 23
Item Number:
Item Summary:
Meeting Date:
Page 1 of 1
i,oendillt8m I'j"
~ NovembeI1::',
F':l;;c, 2S (,r.:'5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16025
This Ilem continued from the Ocfober 23 2007 BCe Meeting Recommendation that the
Board of County COmllll%lOners appcoves and 0l'.Jthori2es !Is Chairman te sign a
SubreCIOlent Agreemellt proViding Disaster Rer;o'_'ery InitiativeiDRlj lunding in the amount of
S415 OOG OOto Oneov One Le&dersillp Fmmda(ioniQr Infill In order to s upportthe
constr,lCllono!housingunits
111,:):2007 OO,OO;,M
Date
Prepared By
Sandra Marrero
Pl.lbhcScrvices
Grants Management Coordinator
Housing & Human Services
10/5/20074;32:08 PM
Date
Approved By
MarleneJ. Foord
Administrative Services
GrnntsCnardinator
Administrative Servic!!s Admin
101B/20071O:11 AM
Oat!!
Approved By
Marcy Krumbine
Public Services
Director
HousingS Human Services
10131/200720gPM
Date
Approved By
Marla Ramsey
PubliC Services
PuNic St1rvice~ Administrator
PUbhc S"rvlce5 Ad,,,i,,.
11i1!2~07 11:52 rIM
Date
Approved By
OMB Coordlfliltor
A<.InurllslrJtivc :~"rv,cc.
Applicntlons At1al~'st
i"form~tio" T~'clm(lIogv
11!L'2007 228 PM
:)aie
Allproved By
LiI1~a Best
AC'ninistrativcServi'es
Contracls Agent
Pur:::hJS1fl9
11,'1:20075.41 Pi\,,'
Date
Approved By
Steve Carnell
AdministrativcSe,,'ices
PurchasingiGencral Svcs Director
Purch~,in<J
1112,'2007112211r,'
Date
Approved By
Marklsadson
County Mllnnger's Office
Budget Amliyst
Offlce of Management I> Budget
1115/20078:45AM
Date
ApproveuBy
James\'. Mudd
80ard of County
Commissioners
County Manllgor
Cauntl' Manager's :}fficc
11!1;/200710;2(!{,M
flIp' fir.\' I\. n"nrl.,Tp~t\ r.'vn,-.,rt\Q'1_l>.T""p"",h",,..O/~ in I -:: O/..'1n'1nn7\ 1" o,~ in('()l\T"r;l>.lTO,~ ,n Ar.I=.'l\T
1117nnn7
Agenda Item No. 16D26
November 13. 2007
Page 1 of 25
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves, and authorizes
its Chairman to sign, a Sub recipient Agreement providing Disaster Recovery
Initiative(DRI) funding in the amount of $293,934.00 to St. Matthew's House, Inc. for
hurricane hardening of it's shelter.
OBJECTIVE: St. Matthew's House, Inc. proposes to hurricane harden its homeless
shelter through mitigation of windows, doors and installation of a power generator.
CONSIDERATIONS: Funding in the amount of Two Hundred Ninety-three Thousand
Nine Hundred and thlliy-four 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 DRl 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 CONSIDERA TIONS: The proposed Agreement is a standard
HUD/Community Development Block Grant (CDBG) subrecipient agreement form in
use in Collier County since 2001. -J.A.K.
RECOMMENDATION: 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 Department of Community Affairs in Community
Development Block Grant funds.
Prepared by: Sandra Marrero, Grants Management Coordinator
Housing and Human Services Department
Agenda ltem No. 16026
November 13. 2007
Page 2 of 25
AGREEMENT BETWEEN COLLIER COUNTY
AND
ST. MATTHEW'S HOUSE INC.
HURRICANE HARDENING
Florida Administrative Code 9BER06-1
CFDA # 14.228
THIS AGREEMENT, is made and entered into 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 hcreinafter referred
to as "SUBRECIPIENT", effective May 23, 2007.
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 Hun1cane Wilma with Resolution 2007-144 on May 23, 2007,
and
WHEREAS, the COUNTY and the SUBRECIPIENT desire to providc the activities specified in Exhibit A of
this Agrccment, in accord with the approved 2005 Disastcr Recovery Subgrant Agreement; and
WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undeliakings 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 ab'l'eed
by the Parties as follows:
St. Matthew's House
Hurricane Hardening
Page 1 of 23
Agenda Item No. 16026
I~ovember 13, 2007
Page 3 of 25
1. DEFINITIONS
(1) "COUNTY" mcans 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 St. Matthew's House (SMH)
(5) "HHS's Approval" means the written approval of the Housing and Human Services
Depm1ment 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 Depm1ment 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 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. TIME OF PERFORMANCE
The effective date of this Agreement and all lights and duties designated hereunder are contingent upon the
timely release of funds for this project by DCA under Agreement No. 07DB-3V -09-21-01-Z 0 I. 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 thc purposes of this Agreement. In any cvcnt, 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 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, detennined by COUNTY and DCA,
in an amount not to exceed Two Hundred Nincty Three Thousand Nine Hundred thit1y-four dollars ($293,934)
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 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.
St. Matthew's House
Hurricane Hardening
Page 2 of 23
Agenda Item No. 16026
November 13, 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 Horscshoe Drive, Suite llO, Naples, Florida 34] 04, and to the
SUBRECIPIENT when delivered to its office at the address listed on page one (I) of this Agreement.
V1. 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 Devclopment Block Grants
(CDBG) and all fcdcral regulations and policies issued pursuant to thesc rcgulations. 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 Disastcr Recovery Subgrantee Agrecment, executed by the
Statc of Florida and COUNTY to rcquire SUB RECIPIENT to acknowledge the following, as applicable:
I. SUB RECIPIENT acknowledges that it will adhere to all applicable tcrms of the Federally Funded 2005
Disaster Recovery Sub grantee Agreement, executed between the State of Florida and COUNTY as
outlined in Attachment A: Program Guidelines;
2. SUBRECIPIENT acknowledgcs 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 hannless 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.
VI1. 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. STATE AND FEDERAL RULES. REGULATIONS AND
LAWS
During the perfonnance 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 SUBRECIPIENT fuliher agrees to abide by all other applicable laws,
St. Matthew's House
Hurricane Hardening
Page 3 of 23
Aaen:ia Item r~jO.'i 3026
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I, 24 CFR Part 570, as amended - The regulations govermng 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 Titlc VI of the 1984 Civil
Rights Act.
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5. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
6.
Executive O,'der 11246, as amended hy 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 amcnded 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 Developmcnt Act of 1968, as amended.
9.
Age Discrimination Aet of 1973
10.
National Flood Insurancc Act of 1968
II.
24 CFR Part 130 - Regulations that prohibit discrimination in cmployment in fcderally
assisted construction contracts.
12.
40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Watcr
Pollution Acts.
13.
Contract Work - Hours and Safety Standards Aet
14.
Lead Based Paint Poisoning Preventive Act
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 5a - Regulations which prescribe the payment of prevailing
wages and the use of apprcntices and trainees on federally assisted projects as mandatcd
by the Davis-Bacon Aet. HUD Form 4010, which describes the Davis-Bacon Act, is
included as part of this agrecment and must be included in all construction contracts
funded by CDBG. Sce attachment A-3.
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29.
30.
31.
32.
33.
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18. Revised Order Number 4 - Regulations that establish guidelines for the
implementation of Executive Order 11246 as amended by Executive Orders] 1375 and
12086.
19. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in
fedcrally 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 - TIle Copeland Anti-Kickback Act (i 8 U.S.C. 874 and 40 U.S.C.
276c), which deals with employce forfciture of compensation by force.
22. Florida Statutes, Chapter 112 - which deals with conflict of interest.
23. HUD - required repOlis, circulars, and procedures, such as the Grantee Performance
Repoli.
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-l02. This subpart includes 24 CFR
570.502.
26.
OMB Circular A-133 - concerning annual audits.
27.
OMB 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.
24 CFR Part 84 - OMB Circular A-IIO Codified in the UnifOlID 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 Codified in the Uniform Administrative
Requirements for Grants and Agreements to State and Local Governments.
Chapter 427, Florida Statutes - which requires the coordination transportation for the
disadvantaged.
Chapter 403.7065, Florida Statues - which 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, abandoned, or neglected by a parent, legal
custodian, carcgiver, or other person responsible for the child's welfare, as defined in
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Agencta Item No. 16D 6
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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 reasonable
cause to suspcct 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 of lobbying the legislature, state or county agencies.
C. SUBCONTRACTS
Any work or services subcontracted by thc SUBRECIPIENT shall bc spccifically by written
contract or ab~-eement, 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 thc SUBRECIPIENT of any subcontract hercundcr, such subcontracts must be
submitted by the SUBRECIPIENT to HHS for its review and approval, which will specifically
include a dctennination of compliance with the tem1S 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 Collicr County Purchasing Dcpartmcnt and HUD.
Subcontracts f()r architecture, engineering, survey, and planning shall be negotiated fixed fee
contracts. All additional services shall have prior written approval with suppOli documentation
detailing categories of persons perfol1ning work plus hourly ratcs including benefits, number of
drawings required, and all itcms 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 thc SUBRECIPIENT or reimbursed by
the COUNTY without prior written approval of the HHS Depmiment or his designee.
D. AMENDMENTS
The COUNTY may, at its discrction, amend this Agreement to COnfOl1ll to changes required by
Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall
be incorporated by written amendment as a pali of this Agreemcnt and shall be subject to
approval of the COUNTY, Any modifications to this contract shall be in compliance with the
County Purchasing Policy And Administrative Procedures in effect at the time such
modifications are authorized.
E. INDEMNIFICATION
The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the COUNTY, its
agents, its employees and elected officers hmmless from and against any and all claims,
liability, expense, loss, cost, damages or causcs of action of cvcry kind or character, including
attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the
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Agenda Item No. 16026
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performance of the tenns of this Agreement, or due to the acts or omissions of the
SUBRECIPlENT.
SUBREClPlENT's aforesaid indemnity and hold harmless obligation, or portion or
applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPlENT
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 Agrecment 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 SUBRECIPlENT will make
a good faith etfOlt to recognize HI-IS, State and Federal SUPPOlt 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 conventional
4' X8" plywood back panel and other convcntional 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 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.
I. 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, eithcr party shall thereupon havc the right to terminate this
Agreement in whole or palt by giving written notice of such tetmination to the other palty and
specifying therein the effective date of tennination.
2. TERMINATION FOR CONVENIENCE
At any time during the tenn of this Agreement, either party may, at its option and for allY
reason, tenninate this Agreement upon ten (10) working days written notice to the other party.
Upon termination, the COUNTY shall pay the SUB RECIPIENT 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 tetminated, this Agreement shall be
suspended or terminated effective on the date that HUD or DCA specifies.
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Agenda Item Ho. 16026
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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 pcr person and $200,000 per accident/occun'ence per Florida
Statutes 9 768.28 and $2,000,000 per accident for federal and outside Florida litigation per
Florida Statutes 9 768.28. Coverage shall not contain any endorsement excluding Contractual
Liability or Cross Liability unless granted by the County's Risk Management Department. The
SUBRECIPIENT ab'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 9 768.28 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 coverage for a pcriod not less than
10 years with deductiblcs not exceeding $1000 for Comprehensive and Collision. Collier
County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The
SUBREClPIENT shall ab'1'ee to be fully responsible for any dcductibles, self-insured rctcntion
or uncovered losses, The SUBRECIPIENT agrees this coverage shall be provided on a primary
basis.
3. AOOrTIONAL 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 Gcncral Liability. The Additional Insurcd cndorscment shall rcad "Collier
Countv Board of Countv Commissioners. a Political Subdivision of the Stale of Florida. its
Officers. Emplovees. and l\l!ents. c/o Housing & Human Services Dcpmiment". The
SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a
primary basis.
4. CERTIFICATE OF INSURANCE
The SUB RECIPIENT shall ab'ree to deliver to the COUNTY a cetiificate(s) of insurance
evidencing the required insurance is in full force and cffcct within thitiy (30) calendar days
prior to the execution of this Agreement by the COUNTY. A minimum thitiy (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 SUBRECIPlENT ab'fCCS that the COUNTY, by and through its Purchasing or Risk
Management Depatimcnt, in cooperation with the HHS Depatimcnt, 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
insurcr providing coverage because of its poor financial condition or failure to operate legally,
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Agenda Item No, 16026
November 13, 2007
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1. 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 COUNTY provisions of the law applicable to County employees relative to
employment, hours of work, rates of compensation, leave, unemployment compensation and
employee benefits.
VII1. ADMINISTRATIVE REOUIREMENTS
A. FINANCIAL MANAGEMENT
The SUB RECIPIENT agrees to comply with OMB Circular A -110 (Uniform Administrative
Requirements for Grants and Agrcements 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 incUlTed.
B. DOCUMENTATION AND RECORD - KEEPING
1. The SUBRECIPIENT shall maintain all records required by the CDBG Federal
Regulations.
2. All reports, plans, surveys, infonnation, documents, maps, and other data procedures
developed, prepared, assembled, or complctcd by thc SUBRECIPIENT for thc purpose
of this Agreement shall bc 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 Agreemcnt 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 five (5) years after expiration of this
Agreement.
3. The SUBRECIPlENT 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. SUB RECIPIENT shall submit monthly beneficiary reports 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 confonnity with the procedures prescribed by the Federal
Management Circulars A-IIO, A-I22, 24 CFR Part 84, and 24 CFR Part 85, which are
incorporated herein by reference.
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AgenJs lten: t'Jc. 16D26
t"w\/8mber 13. 2007
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D. REPORTS. AUDITS. AND EVALUATIONS
Reimbursement will be contingent on the timely receipt of complete and accurate repOlis
requircd by this Agreement, and on the resolution of monitoring or audit findings identified
pursuant to this Agreement.
E. ADDITIONAL HOUSING & HUMAN SERVICES. COUNTY. DCA. AND HUD
REQUIREMENTS
HHS shall have the right under this Agrcement to suspend or terminate reimbursement until the
SUBREC1PIENT 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 Depmiment or designce
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$I,OOO 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 described in Exhibit A, and
(f) All rates of pay and pay increases paid out of DRI funds, whether for merit or cost of
living,
G. AUDITS AND INSPECTIONS
At any time during n0l111al busincss hours and as often as WIS, the COUNTY, DCA, HUD, or
the Comptroller General of the Unitcd States may decm necessary, there shall be made
available by the SUBREC1PIENT to HHS, the COUNTY, DCA, HLD, or the Comptroller
General for examination all its rceords with rcspect to all matters covered by this Agrcement.
The SUBRECIPIENT agrees to comply with the provisions of the Singlc Audit Act of 1 C)g4, as
amended, as it peliains to this Agreement and any subcontracts entered into under this
Agreement. This will rcquirc the SUBRECIP1ENT to submit a single audit, including any
management letter, made in accordance with the gcncral program requircments of OMB
Circulars A-IIO (Uniform Administrative Requirement for Federal Grants), A-122 (Cost
Principlcs for Non-Profit Organizations), A-133 (Audits of State, Local Govcl11ments, and
Non-Profit Organizations), and other applicable regulations within one hundred and eighty
(180) days aftcr 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
SUBREC1PIENT's choosing. The SUBREClPIENT shall provide such audit to HHS. In tile
event the SLlBRECIPIENT anticipates a delay in producing such audit or audited financial
statements, the SUBRECIPIENT shall request an cXlension in advancc 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
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Agenda Item No. 16026
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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 SUBRECIPlENT from activitics 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 fces, 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 Dcpartment or designee. Accounting and
disbursement of such income shall comply with OMB Circular A-II 0 (Unifonn Administrative
Requirement for Federal Grants) and other applicable regulations incorporated hcrein 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 Agreemcnt, 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 thc expiration of this Agreement shall be retumed to the COUNTY no
later than thir1y (30) days after such expiration, subject to any SUBRECIPIENT requests to
utilize uncommitted funds.
I. GRANT CLOSEOUT PROCEDURES
SUB RECIPIENT 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 retum 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 ab'l"eeS 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 can'ied out by the perfonnance of this
Agreement. Upon receipt of evidcnce of such discrimination, the COUNTY shall have the right
to tem1inate this Agreement.
To the greatest extent feasible, lower-income residents of the project arcas 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 arcas 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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Agenja i1em No. '1 C,026
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B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS
ENTERPRISES
In the procurement of supplies, equipment, construction, or services to implement this
Agreement, the SUB RECIPIENT shall make a positive cffol1 to utilizc small business and
minority/women-owned husiness enterprises Df supplies and services, and provide these
sources the maximum feasihle opp0l1unity to compete for contracts to be performed pursuant to
this Agreement. To the maximum extcnt feasiblc these small business and minority/women-
owned business enterprises shall he located in or owned by residents of the CDBGarcas
designated hy 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 he very low and low incomc perSDns. If the project is located in an entitlement city, as
defined hy HUD, or serves heneficiarics countywide, more than thil1y pcrcent (30%) of the
hcncficiarics dircctly assisted through the use of funds under this Agreement must reside in
unincDrporated Collier County or in municipalities participating in the County's Urhan County
Qualification Program. The project funded under this Agreement shall assist bcncficiaries as
defined ahDve for the time period dcsignatcd in Exhibit A of this Ai,'Teemcnt. The
SUB RECIPIENT shall provide written verification of compliance to HHS upon HHS' request.
D. EV ALVA TION AND MONITORING
The SUBRECIPIENT agrccs that HHS will carry out periodic monitoring and evaluation
activities as determined necessary hy HHS or the COUNTY and that the continuation of this
Agreemcnt 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 measurcs. The SUI3RECIPIENT agrees to fumish upon
request to HHS, the COUNTY or the COUNTY's designees and make copies or transcriptions
of such records and infolTIlation, as is determincd necessary by HHS or the COUNTY. The
SUBRECIPIENT shall, upon the request of HHS, suhmit information and status reports
required hy HHS, the COUNTY or HUD on forms approved hy HHS to enable HHS to
evaluate said progress and to allow for completion of reports required HHS by HUD. The
SUI3RECIPIENT shall allow HHS or HUD to monitor the SUBRECIPIENT on site. Such site
visits may be scheduled or unscheduled as determined hy 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 intercst, direct or
indirect, in the target areas or any parcels therein, which would contliet in any manner or
degree with the performance of this Agreement and that no pcrson 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 interpretecl in such a manner so as not to
unreasonably impede the statutory requirement that maximum opp0l1unity he provided for
employment of and par1icipation of low and moderate-income residents of the project target
area.
F. PUBLIC ENTITY CRIMES
As provided in F.S. 287.133 by enteling into this Agrecment or perfonning any work in
furtherance hereof, thc SUBRECIPIENT certifies that it, its affiliates, supplicrs, subcontractors
and consultants who will pcrform hereunder, have not been placed on the convicted vendor list
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Agenda Item No. 16026
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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 SUBRECIPlENT, as a condition of being awarded, must certify that thcy 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:
I. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersib'lled, 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 elltering
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 employce of a
Membcr of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complcte and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying", in accordance with its instructions.
3. The undersigncd shall require that the language of this certification be included in the
award documcnts for all subawards at all tiers (including subcontracts, subgrants, and
contracts under b'l'ants, loans, and cooperative Agreements) and that all
SUBRECIPlENTS shall certify and disclose accordingly.
1. REAL PROPERTY
Any real property acquircd by the SUBRECIPIENT for the purpose of can'ying on the projects
stated herein, and approved by thc COUNTY in accordance with thc Uniform Relocation
Assistance and Real Property Acquisition Policies 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 SUB RECIPIENT 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.
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Agenda Item No. ~16D26
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X. ENVIRONMENTAL CONDITIONS
A. AIR AND WATER
The SUBRECIPlENT, as Subrecipicnt, 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,
1318 relating to inspection, monitoring, entry, reports, and infonnation, 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 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 Hood hazards, Hood 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 rcduce the cost of said Hood
1l1SUrance.
C. LEAD-BASED PAINT
The Subrccipient ab'fees 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 I'ati 25 and 24 CFR pmi 92.355. Such regulations pertain to all
HUD-assisted housing and require that all owners, prospective owners, and tenants of
properties constlUcted prior to 1978 be properly noti fled that such properties may include lead-
bascd paint. Such notifIcation shall point out the hazards of lead-based paint and explain thc
symptoms, treatment and precautions that should be taken when dealing with lead-based paint
poisoning and tbe 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 propeliy,
abatement measures might be undcl1aken,
D. HISTORIC PRESERVATION
The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amencled (16 U.S.C. 470) and the procedures set
fOlih in 36 CFR, Part 800, Advisory Council on Historic Preservation Proceclurcs for Protection
of Historical Properties, insofar as they apply to the performance of the Contract. In general,
concunence from the State Historic Preservation Officer is required for all rehabilitation ancl
demolition of historic properties that are fifty ycars old or older or that are included, on a
Federal, state, or local historic propel1y list.
St. Matthew s House
Hun'icane Hardening
Page 14of23
Agenda Item No. 16026
November 13, 2007
Page 16 of 25
- 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 confonn to the tenns 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 plli'chased with CDBG funds. Any real property
under SUBRECIPIENT control that was acquired or improved in whole or in part with CDBG funds in
cxccss of Twenty-five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Palt
570.503(B)(8).
XII1. CONDITIONS FOR RELIGIOUS ORGANIZA nONS
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. A TT ACHMENT A
The SUB RECIPIENT shall agree to abide by the program guidelines as excerpted from the federally
funded 2005 Disaster Recovery Subgrantee 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) counterpmts, each of which shall be deemed
to be an original, and such counterpatts will constitute one and the same instrument.
st. Matthew s House
HUlTicane Hardening
Page 15 of23
Agenda tt'2IT1 ~Jo. 16D26
t~oven-lDer 13, 2007
Page ~17 of 25
XV. ENTIRE UNDERSTANDfNG
This Agreement and its provisions merge any prior agreements, if any, bctwcen the parties hereto and
constitutes the entire understanding. The parties hereby acknowledge that there have been and are no
representations, warranties, covenants, or undcrtakings other than those exprcssly sct fl)rth herein.
IN WITNESS THEREOF, the parties hereto have caused this 23 page agreement to be executed by their
undersigned officials as duly authorized effective the 2yd day of May, 2007.
BY:
ST. MATTHEW'S HOUSE, INC.
1 ~~/....--
,/ ----;;/ ~/ ~
/l;7t'-: ~;:~ cr ~ -
REV. VANN R, ELLISON, EXECUTIVE
DIRECTOR
(SUBREClPlENT SEAL)
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISS10NERS
OF COLLIER COUNTY, FLORrDA
By:
Patricia Morgan, Deputy Clerk
BY
JAMES COLETTA, CHAIRMAN
s to 1'01111 and
l' H
Jdll'rjy tl, Klatzkow
Man~gil~ Assistant County Attol11ey
St. Matthcw s House
Hurricane Hardening
Page 1601'23
Agenda Item No. 16026
November 13, 2007
Page 18 of 25
EXHIBIT" A"
SCOPE OF SERVICES
St. Matthew's House, Inc.
Hurrieane Hardening
THE SUBRECIPlENT AGREES TO:
A. PROJECT DESCRIPTION:
St. Matthew's House proposes to hurricane 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 then April 30, 2009.
The Subrecipient will be responsible for the following:
NOTE I: The SUBRECIPIENT shall submit its hid package and drawings/specifications to HHS and
obtain a letter of approval prior to bidding the construction work. Davis Bacon rules apply to this
project and will be fully disclosed.
NOTE 2: The SUBREClPIENT 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 SUBRECIPlENT shall require a bid
bond, 100% paymcnt bond and lOO% perfonnance bond for any contract that exceeds $100,000.
NOTE 3: The SUBRECIPlENT 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 thc contractor to ensure the business is not
federally dehaned. 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 SUBRECIPlENT shall not request reimbursement from HHS for materials or equipment
received and stored on the project site or elsewhere. The SUBRECIPlENT shall only requcst
reimbursement for materials and equipment that have been installed.
St. Matthew's House
Hurricane Hardening
Page170f23
Agenda itsm No. 16026
NoveiT:ber '; 3. 2007
Pcige ": 9 of 25
ADDITIONAL Responsibilities are;
Posting of visible signage at the work site identifying the funding source(s) as mentioned in section VII
part F.
The SUBRECIPIENT fulther 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: Hurricane Hardening
Line Item; 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 interior & exterior rehab.
Administrative/project costs covered
Under CFR Part 570, Subpart C and J.
Total
DR! Funds
$263,541.00
$29,393.00
$293,934.00
D. STAFFING: Provide list of staff directly responsible for reporting and request for payment processing.
E. BONDING REQUIREMENTS: The SUBRECIPIENT shall comply with the requirements of OMB
Circular A-IIO (Uniform Administrative Requirement for Federal Grants) and 24 CFR Part 84 in
regard to any bid guarantees, performance bonds, and payment bonds.
F. FORMER PROJECTS; Failure to adequately maintain any fonner CDBG/HOME/SHIP/ESG fUllded
project may result in the delay of processing reimbursement requests for ongoing activities or in the
forfeiture of future CDBG/HOME/SHIPIDRI funds.
G. WORK SCHEDULE: The time frame for completion of the outlined activities shall be:
I Task
Work completion
1 End Date
April, 2009
Please note that if any (jf'these activities exceed the (jmelines by two months a revised work schedule
must be submitted to HHS.
H. REPORTS; The SUBRECIPIENT shall submit detailed monthly progress rcports 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
fornl Exhibit "C". The progress reports shall be used as an additional basis for HHS approval of
invoices, etc. for payment.
1. 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 SUB RECIPIENT 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).
St. Matthew's House
Hurricane Hardening
Page 180f23
Agenda Item No. 16026
November 13, 2007
Page 20 of 25
J. COMPENSATlON: The County shall pay the SUBRECIPIENT for the performance of this
Agreemcnt upon completion or pal1ial completion of the work tasks as accepted and approved by HHS
pursuant to the submittal of monthly progress reports. Payments shall be made as work progresses, but
not more frequently than once per month. Adherence to the work schedule 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".
St. Matthew's House
Hurricane Hardening
Page 19 of23
Agenda Il~m I'~o. "6D26
November 13. 2007
Page 21 of 25
EXHIBIT "B"
COLLIER COUNTY HOUSING AND HUMAN SERVICES
REQUEST FOR PAYMENT
Disaster Recovery Initiative
Subrecipient Name: St. Matthew's House. Inc.
Subrecipient Address: 2001 Airport Road South. Naplcs. FL 34112
Project Name: Hurricane Hardening
Project No:
DRI 05-04
Payment Request #
Dollar Amount Requested: $
STATUS OF FUNDS
1. Grant Amount Awarded
5, Amount of To day's Request
$ 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
6. Current Grant Balance (Initial Grant Amount Awarded
Less Sum of all requests)
I celiify this request for payment has been drawn in accordance with the terms and conditions of the
A!,,'Teement between the County and us as the Sub-recipient. I also certify that the amount of the Rcquest for
Payment is not in excess of current needs.
Signature
Date
Title
Auth0l1zing Grant Coordinator
S upervi SOl'
Dept Director
(approval authority under $14,999)
(approval required $15,000 and above)
St. Matthew s House
Hurricane Hardening
Page 20 of 23
Agenda Item No" 16D26
November 13. 2007
Page 22 of 25
EXHIBIT "C"
DRI MONTHL Y PROGRESS REPORT
Completeformfor past montlt and submit to Housing &Human Service's staffby tlte](/" oftltefollowing
month.
Status Report for Month of
Submittal Date:
Project Name
Project Number DRI 05-04
Activity Number
Subrecipient:
Contact Person
Telephone: (239)
Fax: (239)
E-mail:
1. Activity Status/Milestones (desclibe 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
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.
St. Matthew's House
Hurricane Hardening
Page 21 of23
Aoenc:a lism I\Jo. 1 E-D26
~. November 'i 3, 2007
?age 23 of 25
6. New conlt'acts executed this month (if applicable):
Name of Contractor or Amount of Contractor Race Ethnicity
Subcontractor, Address & Phone Contract Federal ID (see definitions 011 (see definitions on
Number Number following page) following page)
7. For projects that serve a particular clientele. please complctc the fl)llowing infomlation by entering the
appropriate numhcr in the hlank spaces and in the chati below. Complete the below chmi for NEW clients
scrved this month. DO NOT DUPLICATE clients served in prcvious months. You may provide data by
either households or persons served. Howcvcr, if one person received TWO services this counts as TWO
SERVICE UNITS:
TOTAL BENEFICIARIES
This project henefits households or persons. Please circle one category (either "households" or
"persons"). Enter the number oj'beneficiarics in the blank space Clnd in box" 1. "
INCOME
Of the households or persons assisted, are extremely low-incomc income (0-30G;;,) of the CUlTent
Median Family income (MFI). Enter this number in box "2."
Of the households or persons assisted, are very low-income (31-50%) of the CUll'ent Median
Family Income (MFI). Enter this number in box "], "
Of these households or persons assisted,
Income (MF!). Enter this number in box "4."
are low-income (51-80%) of the current Median Family
NOTE: The total (J{ boxes 2, 3 ami 4 should equal the /lumber ill box 1.
FEMALE HEAD OF HOllSEHOLD
This project assisted
in box "5" below.
Female Head of Households REGARDLESS of income. Enter this number
BOX I BOX 2 BOX 3 I BOX 4 BOXS
Total Numher of Extremely VC1Y Low Incol1l~ femnle lkad of
Households or Persons Low [nu\lllc Low Income (51.80%) Household
Assisted
{O-30%>J (3\-50%)
: i
I
St. Matthew's House
Hun'icane Hardening
Page 22 of 23
Agenda Item No. 16026
November i 3. 2007
Page 24 of 25
Sub recipients 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 ofthc black racial groups of Africa,
3. Asian: A pcrson having origins in any ofthe Oliginal peoples of the Far East, Southcast 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 Native: A person having origins in any of the original peoples ofNOlih
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, Puerto Rican, South or Central American, or
other Spanish culture or origin, regardless of race.
Tabulation Table of Racc and Ethnicitv Beneficiaries
Race # Total # Hispanic
White
Black or African American
Asian
American Indian or Alaskan Nativc
Native Hawaiian or Other Pacific Islander
Amclican Indian/Alaska Native and White
Asian and White
Black! African American ami White
American Indian/Alaskan Native and Black! African American
Other Multi-Racial
TOTAL:
-
St. Matthew's House
Hurricane Hardening
Page 23 of 23
Item Number:
Item Summary:
Meeting Date:
Page 101']
'!L.'
CT
COLLIER COUNTY
[;')/IF:D OF COU'H~ (;orJHVlISSI~)~:I=PS
1GL.:::Jj
Thi" ""'T, w"s conti,lllwi ;rorr: ",e :~H:totB' >3. 20C" BCe M"J8\1rt[J f';"r::olllmendailOn :hallt1e
bum:: r/' 'L:nt, "'rr"f1;~'s'C'
,lpprOViOC aoc i.ut~Kr,:b S C 1i',nr?ri \0) ~'gr'.. 8
~u",e.~ :"1("': ;~[; e')'TH'I',; prO\ll'lInu ['Sd,:!')' Rc'('<C-",''''Y In t'.~t,'.'",(DPli [lm:\lng 111 th~ Jr1()unt ot
'.',iLtD
Mi"tt'le',v" ~f!use Inc to; hUrrlr::lne har[wn:r;c; ot Its 91ei\er
,1'1:J -:JO: ~.O'- CO .1, \!:
[Jo!e
Prepared By
S;mdrJr.'oMrcrC
Public SNv,~es
Gran!c; MJr'1,.gcn1(;()! CD"rdlflalor
HaUSlr g.\ Hum~r' S"r~lC:o;,s
10.'~'20G7 ~;31 :08 ptt
nat!'
Appruved By
M,deneJ, Fo[,rd
Adll1irH~lr,lli'J'" Services
Gr~nts Coord'niltor
Adminl$lrative Services Admin.
101"'20071001 AM
Dnte
Appro\'ed By
Jeff KIJlzf',ow
Count',;,l1orr-"y
A5s,sliint County M:omey
County Attorney O[f:ce
1019i20Q7459PM
Date
Approved By
r,;,lrcyKrur"bine
PubllcS",-"",,,s
Direc~or
>--lou~;r:9 & H:l"'an Services
"l'31i20071DSPM
-'Ole
Approved By
r;r~rl"RMl1:ey
PubiicScrvices
PUlll,.: SClvlcesAdmi,'wt,-Jtor
>>"bl,e S"rv,ce,,/Hlmm.
1111:10Q711:51AM
='atO
Approved By
GMf' Coordinator
Ad,-','r".;.... ,-,<-Sarvlces
t.poi;~~\taw. I.\flaiy~t
InfQrm~tlol'l ,aCilnDiogy
11.'1/2007 ::.28 PM
L,oc'.c.(SI
~ale
Approved By
Ad,""n:-;Irati'" Services
Com,;)~ts {gent
PurCh~$j'lg
~ 1!",,'2Q;]; ~_39 PM
Approved By
SteveC,1rl1'.-'11
Admifli~trativ" Services
Purell~~,,"gIG,"m,ra' Sve: Director
Date
Purehasi"g
11:1J100711,18AM
D~te
Appro~'l'd By
Mark Ir a::-kson
COWi'" ~,,;,""uer'5 Office
Bud?o,Anai;'st
Olfiu: of Management R Bu(jget
11!5/2007840AM
D~t'"
Approved By
Jam,,","J.',","id
Boa'c! "I C{J~-nty
Con",-';s" "rS
Count;' ri;an~ger
Courlly ~.~~"Jger's Office
11.'G,'2D07 1~:19 AM
file:! /C:\^gendaTest\Exnort\92- Novem her%20 1 1,%202007\ 1 {i %20rONS Ft\T%,20A(, FN
11!7170m
Agenda Item No. 16027
November 13, 2007
Page 1 of 21
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves, and authorizes its
Chairman to sign, a Subrccipient Agrcement 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.
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 Department 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 seasonal farmworkers in Immokalee. TIus 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 tile anlount 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 affordable, farm worker rental
housing is consistent with the Growth Management Plan.
LEGAL CONSIDERA nONS: The proposed Agreement is a standard SHIP form agreement
which has been reviewed by the Office of the County Attorney and approved for 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 Department
,-
Agenda Item No. 16D27
November 13, 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 is made and entered into by and
between Collier County, a political subdivision of the State of Florida, hereinafter refened to as "COUNTY,"
and Eden Garden Apartments Limited Partnership, a Florida Limited Partncrship, 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 referred to as "DEVELOPER," effective July I, 2007.
WHEREAS, the COUNTY is a patiicipant in the State Housing Initiatives Partnership (SHIP) Program; and
WHEREAS, Pursuant to the SHIP Program, the COUNTY is undertaking cCliain activities to primarily
benetlt 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 2009-20] 0; 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 desit'e 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 undeliakings of the State
Housing Initiativcs Partnership (SHIP) Program as a valid and worthwhile County pU1110ses.
SHIP Eden Gardens
Apatiments Limited PartnershlP
Phase 1- New Construction
Page I of 19
Agenda item ~\jo. '; 6D27
f~ove:ilb9r 13. 2007
?3ge 3 of21
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed
by the Parties as f(lllows:
I. DEFINITIONS
(1) "COUNTY" means Collier County, and where applicable, its authorized representative(s).
(2) "SHIP" means the State Housing Initiatives Partnership Program of Collier County.
(3) "HHS" means the Housing and Human Services Department of Collier County.
(4) "DEVELOPER" means the Eden Gardens Apartments, Limited Partnership
(5) "HHS's Approval" means tbe writtcn 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 set by HUD.
(8) "Project" means tbe work contemplated to be pert(ll1ned as set fOlih in Exhibit "A",
II. SCOPE OF SERVICES
The DEVELOPER shall, in a satisfactory and proper manner, as detellllined by DEVELOPER, perfonn the
tasks l1ecessary to conduct tbe program outlined in Exbibit "A," and shall submit eaeh request for
advancement and/or reimbursement of funds using Exhibit "8" along with tbe monthly and annual submission
of Exhibit "C," all of which are attached hereto and made a pali hercof.
Ill. TIME OF PERFORMANCE
The effective date shall be the date of execution of this Agreement. and the services of the DEVELOPER shall
be undeliaken and completed in light of tbe purposcs oftl~is Agree;11cnt.
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 THOlJSAND AND OOIDOLLARS $442,000.00 for the
serviccs described in Exbibit "A."
All improvcments specified in Exhibit "A" shall bc pcrfonncd by DEVELOPER, or shall be put out to
competitive bidding under a procedure acceptable to the COUNTY and STATE requirements. The
DEVELOPER shall enter into contract for improvements witb the lowcst responsivc and responsible biddcr.
Contract administration shall be bandied by tbe DEVELOPER and monitored by the COUNTY, which shall
have access to all records and documents rclatcd to the project.
SHIP Eden Gardens
Apartments Limited Partnership
Phase I - New Construction
Page 2 of 19
Agenda Item hiD. 16D27
November 13. 2007
Page 4 of 21
V. NOTICES
All notices required to be given under this Agreement shall be sufficient when delivered to COUNTY at its
office, presently located at 3050 NOl1h Horseshoe Drive, Suite 110, Naples, Florida 34104, and to the
DEVELOPER when delivered to its office at the address listed on page one (1) of this Ab'reement.
VI. SPECIAL CONDITIONS
The DEVELOPER ab'Tees to comply with the requirements of the SHIP Program as described in the Florida
State Statute 420.907 and Chapter 67.37 of the Florida Administration Code. The DEVELOPER fUl1her
agrees to utilizc funds available under this Ab'reement to supplement rather than supplant funds otherwise
available for specificd activitics.
VII. GENERAL CONDrTIONS
A. IMPLEMENTATION OF PROJECT ACCORDING TO REOUIRED PROCEDURES
The DEVELOPER shall implement this Agreement in accordance with applicablc Fcdcral,
State, and County laws, ordinances and codes and with the procedures outlined in HHS
Policies and Procedures memoranda. The Fedcral, State, and County laws, ordinances and
codes are minimal regulations supplemented by more restrictive guidclincs sct 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 Agrccmcnt, thc
DEVELOPER shall notify HHS in writing within thil1y (30) days of receiving notification
from the funding source ami submit a cost allocation plan for approval by HHS or designee
within fOl1y-tive (45) days of said official notification.
B. SUBCONTRACTS
Any work or scrviccs subcontracted by the DEVELOPER shall be specifically by written
contract or agrecment, and such subcontracts shall be subject to cach provision of this
Agreement and applicable County, State, and Federal guidclincs and regulations. Prior to
execution by the DEVELOPER of any subcontract hereunder, such subcontracts must be
submitted by the DEVELOPER to HHS for its review and approval, which will specifically
include a determination of compliance with the tel1llS of the attached Work Program set forth
in Exhibit "A."
None of the work or scrvices covered by this Agreement, including but not limited to
consultant work or services, shall be subcontracted by the DEVELOPER or reimburscd by the
COUNTY without prior written approval of HHS or designee.
C. AMENDMENTS
The COUNTY may, at its discretion, amend this Agrccment to confoD11 to changes required by
Federal, State. County, or SHrp guidclincs, directivcs, and objectives. Such amendments shall
be incorporated by written amendmcnt as a part of this Agreement and shall be subject to
approval of thc COUNTY. Any modifications to this Contract shall be in compliance with the
County Purchasing Policy and Administrativc Procedurcs in effect at the time such
SHIP Eden Gardens
Apartmcnts Limitcd Par1nership
Phase I - New Construction
Page 3 of 19
.Agenda Item No. 16D27
Novembel. '13. 2007
Page 5 of 21
modifications are authorized.
This Agreement supersedes and replaces the Continuum of Care Agreement between the
parties dated July 26, 2005, which Agreement is now null and void.
D. INDEMNIFICATION
The DEVELOPER shall pt'Otect, 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
attomey's fces and costs, whether at trial or appellate levels or otherwise, arising out of the
performance of the terms of this Agreement, or due to the acts or omissions of the
DEVELOPER.
DEVELOPER's aforcsaid indemnity and hold harmless obligation, or portion or applications
thereof, shall apply to the fullest extent permitted by law. The DEVELOPER will hold the
COUNTY harmless and will indemnify the COUNTY for funds, which the COUNTY is
obligated to refund the Fcderal GOVCJ1lmcnt arising out of the conduct of activities and
administration of DEVELOPER.
E. GRANTEE RECOGNITION
All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as
to funding source, The DEVELOPER will include a reference to the financial supPOl1 herein
provided by f-II-IS in all publications and publicity. In addition, the DEVELOPER will make a
good f[lith em,rt to recognize HI.IS' support f(n all activities made possible with funds made
available under this Agreement. The SUBRECIPIENT will mount a temporary construction
sign for projects hmded by HHS. This design concept is intended to disseminate key
information regarding the development tcam as well as Equal Housing OppoliLmity to the
general public. This signs construction utilizes a minimum conventional 4'X 8" plywood back
panel and other conventional construction materials and methods.
F. TERMINATION
In cvent 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 securcd by the DEVELOPER with funds under this Agreement shall be retul11ed to
HHS or the COUNTY. In the event of termination, the DEVELOPER shall not be relieved of
liability to the COUNTY t'lI' damages sustaincd by the COUNTY by vil.tue of any breach of the
Contract by the DEVf-:LOPER, and the COUNTY may withhold any payment to the
DEVELOPER for set-off purposes until s\leh time as the exact amount of damages due to the
COUNTY from the DEVELOPER is detCl111incd,
I. JERMINATION FOR CAUSE
If through any cause either pal1y shall filiI to fultill in timely and proper manner its obligations
undcr this Agreement, or If either party shall violate any of the covenants, agreements, or
stipulations of this Agreement, either pal1y shall thereupon have the right to tenninate this
Agreement in whole or pal1 by giving written notice of such tennination to the other par1y and
specifying thcrcin the effective date of termination.
2. TERMINATION FOR CONVENIENCE
SHIP Eden Gardens
Apartments Limited Partnership
Phase 1 - New Construction
Page 4 of 19
Agenda Item No. 16027
r~ovember 13, 2007
"age 6 of 21
At any time during the term of this Agreement, either party may, at its option and for any
rcason, tel11linate this Agrecment upon ten (10) working days written notice to the othcr party.
Upon tennination, the COUNTY shall pay the DEVELOPER for services rendered pursuant to
this Agreement through and including the date oftel111ination.
G. INSURANCE
The DEVELOPER agrces this coverage shall be provided on a primary basis.
I. COMMERCIAL GENERAL LIABILITY
The DEVELOPER shall agree to maintain Commercial General Liability at a limit of liability
nolless than $100,000 pcr person and $200,000 per accident/occurrcnce 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
DEVELOPER agrees this coverage shall be provided on a primary basis.
2. ADDlTIONAL INSURED
The DEVELOPER shall agree to endorse the COUNTY as an Additional Insmed with a CO
2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to
the Commercial Gencral Liability. The Additional Illsurcd endorsement shall read "Collier
Countv Board of County-Commissioners. a Political Subdivisicln of the State of F1odda. its
Officers, Emplovees. and A~ents. c/o Housin~ and Human Services Dcpartment". The
DEVELOPER shall agree 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 the required insmance is in full force and effcct 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
celiificate(s).
4. RIGHT TO REVrEW AND ADJUST
The DEVELOPER agrees that the COUNTY, by and through its Purchasing or Risk
Management Depariment, in coopcration with Housing & I-luman Services, reserves the right
to periodically review, modify, reject or accept any required policies of insurance, including
limits, coverage's, or endorsements, hereill [i'om time to time throughout the life of this
Agreement. The COUNTY reserves the right, but not the obligation, to rcview and reject any
insurer providing coverage because of its poor financial condition or failure to operate legally.
H. INDEPENDENT AGENT AND EMPLOYEES
The DEVELOPER agrccs that, in allmattcrs relating to this Af,'1'ccl11cnt. it will be acting as an
independent agent and that its employees are not Collier County employecs 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, unemploymcnt compensation and cmployee
benefits.
SHIP Eden Gardens
Apartments Limited Partnership
Phase 1- New Construction
Page 5 of 19
Agenda Item No. 16D27
[jovember 13. 2007
Page 7 of 21
VllI. ADMINISTRATIVE REQUIREMENTS
A. FINANCIAL MANAGEMENT
The DEVELOPER 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 thercin, utilize adequate lnte11lal controls, and maintain necessary source
documentation for all costs inculTcd,
B. DOCUMENTA nON AND RECORD - KEEPING
I. The DEVELOPER shall maintain all records required by the SHIP Regulations.
2. All reports, plans, surveys, information, documcnts, maps, and other data procedures
developed, prepared, assembled, or completed by the DEVELOPER for the purpose of
this AS'Tccmcnt 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
uncleI' this Agreement copies of ali documents and records relating to this Agreement
shall be surrendered to HHS if requested, In any event the DEVELOPER shall keep all
documents and records for three (3) years after expiration of this Agreement.
3, DEVELOPER shall submit monthly rcports while work is underway and annual
beneficiary reports by July 30"h, to HHS using Exhibit "C",
4. The DEVELOPER shall maintain records showing cOl1lpliance with the Davis-Bacon
Law, including files containing contractor payrolls, cmployee interviews, Davis-Bacon
wage rates, and administrative cross-refcrencing. DEVELOPER shall maintain records
showing contractor compliance with the Contract Work Hours and Work Safety Law.
Similarly, the DEVELOPER shall maintain records showing compliance with federal
purchasing requirements and with other federal rcquircmcnts for grant implementation.
C. PURCHASING
All purchasing for services and goods, incluc!il1g capital equipment. shall be made by purchase
order or by a writtcn contract and in confol111ity with the procedures prescribed by the Federal
Management Circulars A-llO, A- J 22, 24 CFR Part 84, and 24 CFR Part 85, which are
incorporated herein hy reference,
D. REPORTS. AUDITS. AND EVALUATIONS
Reimbursement will be contingcnt 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 Agreemellt.
E. ADDITIONAL HHS. COUNTY, AND STATE REQUIREMENTS
HHS shall have the right under this Agreement to suspend or terminate advanced payment and
reimbursement until the DEVELOPER complies with any additional conditions that may be
imposed by f-IHS or the COUNTY at allY timc.
SHIP Eden Gardens
Apartments Limited Pat11lership
Phase [ - New Construction
Page 6 of 19
Agenda Item No. 16027
Novernber 13, 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 the DEVELOPER to HHS, the
COUNTY, or the State of Florida for cxamination all its records with respect to all matters
covered by this Agreement.
The DEVELOPER agrees to comply with the provisions of the Single Audit Act of 1984, as
amended, as it pe11ains to this Agreement and any subcontracts entered into under this
Agreement. This will require the DEVELOPER to submit a single audit, including any
management letter, made in accordancc with the general program rcquiremcnts of OMB
Circulars A-IIO (Uni form Administrative Requirement for Federal Grants), A-I22 (Cost
Principles for Non-Profit Organizations), A-I33 (Audits of State, Local Governments, and
Non-Profit Organizations), and other applicablc rcgulations within one hundred and eighty
(180) days after the end of any fiscal year covered by this agrecment in which SHIP funds
expendcd. Said audit shall be made by a Celiified Public Accountant of the DEVELOPER's
choosing. Thc DEVELOPER shall provide such audit to HHS. In the cvcnt thc DEVELOPER
anticipates a delay in.producing such audit or audited financial statements, the DEVELOPER
shall request an extension in advance of the deadline, The cost of said audit shall be borne by
the DEVELOPER. In the event the DEVELOPER is exempt fi'CllTI having an audit conducted
under A-I33 (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 DEVELOPER as defined in A-I33. Thc COUNTY will
be responsible for providing technical assistance to the DEVELOPER, as deemed neccssary by
the COUNTY.
The Collicr County Housing and Human Services Department is responsiblc for monitoring
sub-grantees to provide reasonable assurance that they cxpend grant awards in compliance with
State and contractual requirements. For thc SI III' program, rental units constructed,
rehabilitated or othcrwise assisted with SHIP funds must be monitored at least annually for
twenty (20) years or the tel11l of the assistance, whichever is longer, for compliance with tenant
income and affordability requircments. Tenant income will bc monitored on an annual basis,
the same day each year, and returned to the Collier County Housing and Human Services
Depm1ment on the anni versary afthe execution of the original recorded m0l1gage.
G. GRANT CLOSEOUT PROCEDURES
DEVELOPER obligation to the COUNTY shall not end until all closeout requirements are
completed. Activities during this closeOLlt period shall include, but not limitcd 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 dctennining the custodianship of records.
IX. OTHER PROGRAM REQUIREMENTS
A. PROGRAM BENEFICIARIES
One Hundred pcrcent (100%) of the beneficiades of the project funded through this Agreement
must be low- and very low- income persons. The project funded under this Agreemcnt shall
SHIP Eden Gardens
Apat1mcnts Limited Partnership
Phase [ - New Construction
Page 7 of 19
Agenda item ~Jo. 1 Cj027
i~ovell!ber ! 3. 2007
Paqe 9 of 21
assist beneficiaries and rcmain aft(Jt'Clablc as defincd above for a time period of twenty ycars. or
the term of the assistance, whichever is longer, as designated in Exhibit A of this Agrecment.
The DEVELOPER shall provide written verification of compliance to HHS, on an annual basis,
upon HHS's request.
B. EVALUATION AND MONITORING
The DEVELOPER agrecs that HHS will carry out pcriodic monitoring and evaluation activities
as dete11l1ined necessary by HHS or the COUNTY and that the continuation of this Agreement
is dcpcndcnt upon satisfactory cvaluation conclusions bascd on thc tenns of this Agreement,
comparisons of planned versus actual progress rdating to project scheduling, budgcts, audit
reports, and output mca:;urcs. The DEVELOPER agrees to furnish upon request to HHS, the
COUNTY or the COUNTY's dcsignees and make copies or transcriptions of such records and
information, as is dctcnnined necessary by HHS or the COUNTY. The DEVELOPER shall,
upon the request of HHS, submit information and status repOlis required by HHS, the
COUNTY or HUD on forms approvcd by HHS to cnablc HHS to evaluatc said progrcss and to
allow for completion of repmis required ofHHS by SHIP. The DEVELOPER shall allow HHS
to monitor the DEVELOPER on site. Sueh site visits may be scheduled or unscheduled as
detennined by !-IHS or Florida Housing Finance Corporation.
C. CONFLICT OF INTEREST
The DEVELOPER covenants that no pcrson 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 conf1ict in any manner or
degree with the perfc)rmanee of this Agreement and that no person having any conf1ict of
interest shall be cmployed by or subcontracted by the DFVELOPER. Any possible conflict of
interest on the part of the DEVELOPER or its cmployecs 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 providcd for
cmployment of and paliicipation of low and very low-income residents of the project target
area.
D. PUBLIC ENTITY CRIMES
As provided in F.S. 287,133 by entering into this Agreement or performing any work in
fUliherance hereof; the DEVELOPER certifies that it, its aftlliates, suppliers, subcontractors
and consultants who will perform hereunder, have not been placed on thc convictcd vendor list
maintained by the State of Florida Dcpartmcnt of Management Services within the 36 months
immediately preceding the date hercof This notice is required by F.S. 287.133 (3)(a).
E. DRUG-FREE WORKPLACE REQUIREMENTS
The DEVELOPER, as a condition of being awarded, must celiify that thcy will provide drug-
frce workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U .S,c. 70 I) and
with HUD's rulcs at 24 CFR Part 24, subpart F.
F. CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belie!; that:
SHIP Eden Gardens
Apariments Limited Parinership
Phase I - New Constmction
Page 8 of 19
Agenda Item No. 16027
November 13. 2007
Page 10 of 21
l. No SHIP/STATE appropriated funds have becn paid or will be paid, by or on bchalf of
the undersigned, to any pcrson for influencing or attempting to influence an otlicer 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
SHIP/STATE contract, thc making of any SHIP/STATE grant, thc making of any
SHIP/STATE loan, the entcring into of any cooperative agreement. and the extension,
continuation, renewal, amendment, or modification of any SHIP/ST ATE contract, grant,
loan, or cooperative agreemcnt.
2. If any funds other than SHIP/STATE 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 Congrcss, an officer or employee of Congress, or an cmployee of
a Member of Congress in connection with this SHrP/ST ATE contract, grant, loan, or
cooperative agreement, the undcrsigned shall complete and submit Standard Form-LLL,
"Disclosure Fonn 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 grants, and
contracts undcr grants, loans, and cooperativc Agrecments) and that all DEVELOPERS
shall certify and disclose accordingly.
X. SEVERABILITY OF PROVlSIONS
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 tenl1S and requirements of
applicable law.
XL COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of nineteen (19) enumerated pages, which include the exhibits referenced
herein, shall be executed in two (2) counterpmts, each of which shall be deemed to be an original, and
such counterparts will constitute one and the same instrument.
SHIP Eden Gardens
Apmtments Limited Pattnership
Phase [ - New Construction
Page 9 of 19
Agenda It8m No.1 60 7
t'~o\Jember i3, 2D 7
Page 11 of 1
XII. ENTIRE UNDERSTANDING
This Agreement and its nrovisions merge any prior agreements, if any, between the parties hereto and
constitutes thc entire understanding. The partics hereby acknowledge tbat there have been and are no
representations, warranties. covenants, or undertakings other than those expressly sct fell.th herein.
IN WITNESS THEREOF, the parties hereto have caused this 12 page agreement to bc executed by their
undcrsigned officials as duly authorized el("clive the 1st day of July. 2007.
EDEN GARDENS APARTMENTS LIMITED
PAR TN I:RSHIP
BY: GENERAL PARTNER
CORKSCREW SANCTUARY, LLC, A
FLORIDA Ll\i1ITFD LIABILITY
CORI'ORATION
(SPONSOR SEAL)
BY:
STEVEN KIRK. PRESfDENT
ATTEST:
DWIGHT E, BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Patricia Morgan, Deputy Clerk
BY:
JAMES COI.ETTA, CHAIRMAN
"\
kffrC\\ f' Klatz ( w--
Ch;'fr''''''' ~,,,y ''',",'''y
SHIP Eden Gardens
Ap:l\'lmenls Limited Partnership
Phase [- New Construction
Page 10 of I'!
Agenda Itern No. 16D27
November 13, 2007
Page 12 of 21
EXHIBIT "A"
SCOPE OF SERVICES
EDEN GARDENS APARTMENTS. LIMITED PARTNERSHIP
SHIP - NEW CONSTRUCTION AT
THE RESERVE AT EDEN GARDENS, IN IIYIMOKALEE. 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 unineOllJorated lmmokalee, Florida. This is Phase 1 of a total of fifty-five (55)
total units in Phase I and Phase 2. .
These units are HOME fixed units. This applies 10 Phase 1 and/or Phase 2, The proiect must contain
at least 200;., of thc units (cleven-II), occupiccl.J2y families uLor below 50% of MFI and rents
established at Low HOME Rent Lcvel. Aclclitionallv. thitiV-cil!ht (38) units must be occupicd bv
households at or below 60% MFI and rents established at HiQh or Low HOME Rent Levels. The
rcmaining balance. six (6) units. must bc occupied bv households at or below 80% MFI and rents
established at HiQh or Low HOME Rent Levels,
The DEVELOPER agrees to complete the following:
a. Propcrty maintenance of thc site until project affordability pcriod completion
b. Posting of visible signage at the work site identifying the funding source as mentioned ttl
section VII part E,
c. Submission of request for payment with suppotiing 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 timetable as relates to all SHIP and
non-SHIP fimds and shall be submitted within thirty (30) clays of the ab'reement approval.
B. TOTAL DEVELOPMENT COST:
PHASE 1 RESERVES AT EOEN GAROENS
HOMELESS HOUSING (51 UNITS)
Sources of Funds
USOA LOAN
L1HTC Equity
HUO RHEO
FHLB
COLLIER
COLLIER
Amount
$ 3,000,000
$ 2,790,193
$ 400.000
$ 400,000
$ 200,000
$ 224,000
Page 11 of 19
Type $
Section 514
AHP
COBG
AHP
COBG
HOME
SHIP Eden Gardens
Apartments Limited Patinership
Phase I - New Construction
COLLIER
Total
$
$
442 000
7,456.193
SHIP
Uses of Funds
SHIP
Other Sources
Construction
2/3/4 BR MultiFamily (51)
Infrastructure
Other Construction
Permits/Impact Fees
Contingency
Subtotal Construction
397,800
3,336,070
854,141
650,000
197204
5.037,415
397,800
Financial
Tax Credit, Other & Closing
Interest During Con
Subtotal Financial
133.868
32 848
166,716
General Development Costs
Accounting Fees
Appraisal
Architect Fees
Builders Risk Insurance
Construction Cost Analysis
Engineering Fees & Platting
Environmental Fees
Inspechon Fees
Insurance
legal and Closing Costs
Market Study
Marketing/Advertising
Soil Test Report
Survey
Utility Connections
Taxes During Construction
Contingency and Reserves
Subtotal Devalopment Budget
15,000
3,250
150,000
63,835
1.250
225,000
2,500
25,000
4.000
216,845
6,000
1,000
1,200
5,000
15,000
9,000
100 000
843.880
Developer's Fees (Earned)
44,200
672,652
Land/ROWs
293,530
Agenci2 Item r'Jo. 16D 7
t\iovernher 13. 20 7
Page130f 1
Total
$ 3.733,870,00
$ 854,14100
$
$ 650,00000
$ 197,20400
$ 5.435,215,00
$ 133,868.00
$ 32,848.00
$ 166,716.00
$ 15.000.00
$ 3.25000
$ 150.00000
$ 63.83500
$ 1,250.00
$ 225,000.00
$ 2,500,00
$ 25,000.00
$ 4,000.00
$ 216,84500
$ 6,000.00
$ 1,00000
$ 1,20000
$ 5,000.00
$ 15,000,00
$ 9,000,00
$ 100,00000
$ 843,880 00
$ 716,85200
$ 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.
SHIP Eden Gardens
Apartments Limited Pmtncrship
Phase I - New Construction
Page 12 of 19
Agenda Item No. 16027
i~overr;ber i 3. 2007
Page 14 of 21
GRANTEE RECOGNITION
All facilities purchased or constructed pursuant to this Agreement shall he clearly identified as to funding
source, The DEVELOPER will include a reference to the financial suppOli herein provided by HHS in all
publications and publicity, In addition, the DEVELOPER will make a good faith cffort to recognize HHS'
support for all activities made possihle with funds made available under this Agreement. The DEVELOPER
will mount a temporary constmction sign at site fiJr projects fundcd by HHS as mentioned in section VII part
E. This design concept is intcnded to disseminate key information rcgarding thc dcvclopment team as well as
Equal Housing Opportunity to the general puhlic. This signs eonstmction utilizes a minimum conventional
4'X 8" plywood back panel and other conventional constmction materials and methods. This is negotiable if
Eden Gardens Apartment, Limited Partnership feels that identification of site impedes constmction or
occupancy.
NOTEl: The DEVELOPER shall submit its bid package and proposed bid system and
drawings/specifications to HHS and obtain a lettcr 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
fi.mding is available to complete the 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.
Pmiicipant Selection:
I. The anticipated annual household income of the participant shall be verified and not exceed the
income limits as mandated by the U.S. Departmcnt 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 requirements. Tenant Income MUST be re-
examined annually, and submitted to Housing & Human Services
3. The DEVELOPER shall submit its fonns/documents for income eligibility determination to
HHS and obtain a letter of approval prior to transferring title to the propcliy,
The SPONSOR fuliher agrees that HHS, in consultation with any parties HHS deems necessary, shall
be the final arbiter on the DEVELOPER's compliance with the above.
SHIP Eden Gardens
Apartments Limited Partnership
Phase [ - New Construction
Pagel30fl9
Agenda item t',lo. 15027
~'~ovember 13. 2007
Page -:5 of 21
c.
SHIP BUDGET:
Line Item:
S HIP Funds
Procurement, new construction and CO of units
$397,800.00
$ 44,200.00
$442,000.00
Developer's fee/ Administrative/Project Costs
TOT AL SHIP FUNDS
TERMS OF LOAN
Prior to the release of any funds, Eden Gardens Apartments Limited Partnership will be required to
sign a standard form mortgage and a note, acceptable to the County.
The tenl1S and conditions of the SHIP loan agreeable to Eden Gardens Apmimcnts Limited Pminership are as
follow:
Phase I land as legally described
No Payment ofplincipal or interest due
Fully-am01iized
S442,OOO
00'
/0
20- Y cars
I" Mortgagc by U.S. Department of
Agriculture S3,OOO.000
Collateral
Years 0-6
Years 7-20
Amount of Loan
Interest Rate
Tem1
2nd Mortgage
Use as construction and permancnt financing, Payment of S31.571.43
31st of each year for fourteen (14) years.
DEVELOPER may request deferment of that portion of an annual payment for Years 7-20 set
out to the extent that making such payment in full would cause the PROJECT to result in
negative cash flow for that year. DEVELOPER shall provide signed financial statements
evidencing the PROJECT's income and expense reports for said period together with
payment of the portion of the principal and intcrcst paid.
due on December
D. ST AFFlNG: Provide list of staff and time commitments to be allocated to each activity specified in A
(Project Scope) and B (Budget) above with contact information, if applicable.
E. ASBESTOS REQUIREMENTS: The DEVELOPER shall comply, and ensure its subcontractors'
compliance, with all applicable requircmcnts for construction work in connection with the Projcct
fund cd through this Agreement.
F. DA VIS-BACON ACT: Not Applicable to SHIP funded pClliion of project, however, language will
remain. The DEVELOPER shall request the COUNTY obtain a Davis-Bacon wage decision for the
project prior to advertising the construction work. The DEVELOPf-:lZ shall incoq)orate 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).
G, BONDING REQUIREMENTS: The DEVELOPER shall comply with the requirements of OMB
Circular A-I02 (Uniform Administrative Requirement for Fcdcral Grants to State and Local
SH [p Eden Gardens
Apatimcnts Limited Partncrship
Phase I - New Construction
Pagc 14 of 19
Agenda Item t'Jo. 16D27
November 13, 20()7
Page 16of21
Governments) and 24 CFR Part 85 in regard to any bid guarantees, performance bonds, and payment
bonds.
H. FORMER PROJECTS: Failure to adequately maintain any former CDBG/HOME/SHIP funded
projects may result in the delay of processing reimbursement requests for ongoing activities or in the
forfeiture offuture CDBG/HOME/SHIP funds.
1. WORK SCHEDULE: The time frame for completion of the outlined activities shall be:
Milestone Deadline
S tart construction 11130/07
ConstlUetion of 55 units complete 10/30/08
Lease Up Complete 12/30/08
Please note that i[any (i[these activities cxceed the timeline by two months a reviscd work schedule
lUllS! be ,l.iuhnlitted to the Housing and Illlmall Services Departlnent at which time the llgreel1lent
has to be lw/cndcd lIlId submitted to BCCfor approval.
K. COMPENSATION: The County shall reimburse the DEVELOPER for the performance of this
Agreement upon completion or partial completion ofthc work tasks as accepted and approved by HHS
pursuant to the submittal of monthly progress reports as identified in Section L. Reimburscments shall
be made to the DEVELOPER when requested as work progresses, but not more frequently than once
per month. Adherence to thc work schedule identificd in Section I will be required, unless modified in
writing by thc parties. Reimbursement will be made upon receipt of a proper invoice al1d in
compliance with Section 218,70, Fla. Stats., otherwise known as the "Florida Prompt Payment Act".
L. REPORTS: The DEVELOPER 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 DEVELOPER is reimbursed with SHlP funds, in part or in whole, al1d which is required in
fulfillment of their obligations regarding thc Project. Thc progrcss repmts should be mainly in the form
of a narrative. The progress reports shall be used as an additional basis for HI-lS' approval of invoices,
etc. for reimbursement. The repol1s shall be submitted by the loth day of the month following the
rep0l1ed month.
SHIP Eden Gardens
Apartments Limited Partnership
Phase I - N cw Construction
Page 15 of 19
Agenc2 Item ~Io. 16D 7
l~o'Jel11bef' j 3. 20 7
Page 17 of 1
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: 19:Wg SW 3g0lh Street. Florida Citv. FL 33034
Project Name:
The Reserve at Eden Gardens
Project No:
SH07-03
Payment Request #
Dollar Amount Requested: $
SECTION II: STATUS OF FUNDS
I. Grant Amount Awarded
$
442,000
2. Sum of Past Claims Paid on this Account
$
3. Total Loan 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 Loan Balance (Initial Loan Amount A warded
Less Sum of all requests)
$
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 DEVELOPER. r also cenify that the amount ofthe Request for
Payment is not in excess of current needs,
Signature
Date
Title
Authorizing Grant Coordil13tor
Supervisor
Dept Dircctor
(approval authority under $14,999)
(approval required $15,000 and abovc)
SHIP Eden Gardens
Apaliments Limited Partncrship
Phase I - New Construction
Page 16 of 19
Agenda Item [~o. 16027
November 13, 2007
Page 18 of 21
EXHIBIT "C"
EDEN GARDENS APARTMENTS, LlIVIITED PARTNERSHIP
SHIP
THE RESERVE AT EDEN GARDENS MONTHLY PROGRESS REPORT
Completeform for past month and submit to Housing & Human Services staff by the ld" of the folio wing
month.
Status Report for Month of
Submittal Date:
Project Name
Reserve at Eden Gardens
Project Number SH07-03
Activity Number
DEVELOPER:
Eden Gardens Apartments. Limited Partnership
Contact Person
Steve Kirk. President
Telephone:
305-242-2142
Fax:
305-242-2143
E-mail:
kirknet(ZiJvahoo.com
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 havc implemented regarding this project. Please list and
attach any recent media coverage of YOllr 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.
SHIP Eden Gardens
Apmiments Limited Patinership
Phase [ - New ConstlUction
Page 17 of 19
Agenda Item No. 16D27
r\lov8mber ~ 3. 2U07
Page 19 of 21
6. New contracts executed this month (if applicable):
N amc of Contractor or Amount of Contractor Racc Ethnicity
Subcontractor, Address & Phone Contract Federal lD (see definitions (see ddinitions
Number Number on following on following
page) page)
7. For projeets that serve a particular clientele, please complete the following information by entering the
appropriate number in the blank spaces and in the chart below. Complcte the below chart for NEW clients
scrvcd this month. DO NOT DUPLICATE clients served in previolls months. You may provide data by
either households or persons served, However, if one pcrson received T\VO services this counts as TWO
SERVICE UNITS:
TOTAL BENEFICIARIES
This project benefits households or persons, Please circlc onc category (either "households" or
"persons"). Enter the number afbcneficiaries in the hlank spacc and in box" 1. "
INCOME
Of the households or persons assisted, .. are extremely low-income income (0-30%) of the current
Median Family Incomc (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 (MF1). Enter this number in box "], "
Of these households or persons assisted,
Income (MFI). Enter this number in box "4. "
are low-income (51-80%) of the cuncnt Median Family
NOTE: The total of boxes 2,3 and 4 should equal the /lumber in box 1.
FEMALE HEAD OF HOUSEHOLD
This project assisted
in box "5" below.
Female Head of HOllseholds REGARDLESS of income. Enter this number
BOX I
BOXZ
BOX]
BOX 4
BOX 5
Total Number of
Households or Persons
Assisted
Extn.:mely
Low Incol11e
Vcry
L{H'v Income
(51-KO'in)
F<.:l11ak Head of
Hn\l~chold
[.ow InCOllle
(0-30%)
01-)0%)
J
.--J
-_.~
SH II' Eden Gardens
Apartments Limited Partnership
Phase I - New Constl11ction
Page 18 of 19
Agenda Item ~Jo. 16027
November 13. 2007
Page 20 of 21
_. Sponsors must indicate total beneficiaries [0\' Race AND Ethnicitv
Definitions of Race:
l. 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 ofthe original peoples ofthe 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 Oliginal 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 [slands.
Definitions of Ethnicity:
J. 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 Ethllicitv Beneficiaries
Race I # Total # Hispanic
. I
White ....-
Black or African American
Asian
American Indian or Alaskan Native
~_\l..eJ:1awaiian_~_Other Pacific [slander ...f---
American Indian/Alaska Native alld White
Asian alld White
Black/ African American alld White
-~~._-- ...
American Indian! Alaskan Native alld Black/ African American
Other Multi.Racial
TOTAL:
The Participant In(ormation Form is to be used ill conjunctioll with the SHIP Allnual Progress Report.
The Participant In(ormation Forms are to be completed allnually, the same day each year. An occupant
from each dwelling unit must complete the./fI/'mfiJr their household.
Once this iI~(ormation is gathered, the SHIP Annual Progress Report can be completed alUlforwarded to
the SHIP ofjice located at 3050 N. Horseslwe Drive, #110, Naples, FL 34104
SHIP Eden Gardens
Apartments Limited Partnership
Phase I - New Construction
Page 19 of 19
Item Number;
ItemSummllry:
Meeting Date:
Page 1 of 1
l:..gen',;" lie ~J~, 10:
::1
COLLIER COUNTY
80ARD OF c.Durny COMI,\lSSIOL'EP$
1GD::'7
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n11g ;,n'and o'c'aS~ni.l1 hr' 1WO",C'," I!l r" mc,:,;roce
11/1./;'007,. or; ',M
Dale
Prepared By
RQ~O r,1uoz
Cornmutl;t,-D"vc!op",cr:t&
En'.';r(J"mer1\~! :>prv,c&s
Grants Man"u""'>'!nt COClrdinator
Fin'll1e,al A(Jmin. & Housing
1015!2GG7546A4PM
Date
Apllroved By
JeffKlatzkow
COUl1t;','\trrlfnQY
Assislant Cour:ty Attomey
County AttDme\' Offi~e
10!9/2(}(}74:57 PM
D,rector
DJt..
Appruved By
Mar~y Krur'lbi<H~
Publi~ Serv'c0~
HDusing & Human Servi~es
1G/31120D73'lBPM
D"'~
Allprovcd Ky
MMI~ R"msey
PutJlic ~"-' rv, ~"'s
Pub I", S",r'"cesA,Jnm"s:nlor
PLJbli:"c-r",iccs/\d'71in
111112[1071'1 :53 ,~M
Date
Appruved By
OMS :::-,cQrdi'lntor
hom,,, ',,':.veServ,ces
Applrc.11'QnsA,,;,lyst
InformJt,c"lcchnology
11,'ll~OO; ~:JG PM
Lindn5",ct
8JI~
Allpr(l\ed By
Aam'n;o,trc,:i '( Sar/ices
'>",tr;;cls "<lent
P"rci,"~"'g
'1!1/2[1G? 544 PM
Appro,cd By
ShwcCamel1
Aclm,nistr,'tiveSer/ices
Purch-JSLngiGenH;J! Svcs Director
Dale
PtJrch~~,ng
11J2/200711:27AM
D;Jte
Appro,'edBy
MJrk Isackson
COUtlty M~n""Jer's OHice
8udgetAnalysl
Oilier o/Managcrnent& Budget
11151200;-9:01 AM
DJte
Allprovetl By
J;'1'WSV. r.,1udd
8, ad of ~,ounly
C"'11"'>c.,oner5
Cour:ty Manager
Counr,' Mi\netier's Office
11.'6120072:48 I'M
file:i/C:\AgendaT est\Export\92- November%20 13,%202007\ 16. %20CONSENT%20AGEN..
11/712007
Agenda Item No. 16028
November 13. 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 affordable 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 of a 55 multi-family
rental housing complex (The Reserve at Eden Gardens) for legal migrant and seasonal
farmworkers in Immokalee.
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 farm 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 Immokalee. Specific funding
requested for this HOME project will improve the quality of affordable 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 2010 to HUD 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 number of
beneficiaries were published in the 2007-2008 Action Plan. The project included in this
agreement was approved in the 2007-2008 Action Plan.
The development teanl has identified a variety of other funding sources including United States
Department of Agriculture (USDA) and Low Income Housing Tax Credits (LIHTC) 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 federal HOME 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 COlporation from HOME funds. Collier County has been
receiving U.S. Depmiment of Housing and Urban Development (HUD) funding for eligible
CDBG/HOME projects since 2001. The construction of this 55-unit affordable rental
- development is a HUD eligible activity. In addition to the $224,000.00 in HOME funds that was
Page 1 of2
Agenda Item No. 16D28
November 13. 2007
Page 2 of 29
expended for land acquisition, additional State and Federal funds are included in this $13 million
project. However, no general funds are being utilized in this affordable housing initiative.
GROWTH MANAGEMENT IMPACT: The provision of affordable, farm worker rental
housing is consistent with the goals and objectives of the Housing Element of the County's
Growth Management Plan.
LEGAL CONSIDERATIONS: This is a standard HUD form agreement suitable for Board
action. - JAK.
RECOMMENDA TION: That that Board of County Commissioners approves and authorizes
its Chairman to sign a HOME Subrecipient Agreement with Big Cypress 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 2 of2
Agenda Item No. 16028
November 13. 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 Grant # M-07-UC-12-0017
THIS AGREEMENT, is made and entered into by and between Collier County, a political subdivision
of the State of Florida, hereinafter referred to as "COUNTY", and "The Big Cypress Housing
Corporation" a private not-for-profit corporation existing under the laws of the State of Florida, having
its principal office at 19308 SW 380'h Street, Florida City, Florida 33034, and its Federal Tax
ldcntification number as 65-1067l24 hereinafter refcrrcd to as the "DEVELOPER," colleetivcly the
"Patiies," effcctive July I, 2007.
WHEREAS, the COUNTY is the recipient of HOME investment Pminerships (HOME)
Program funds from the United States Depmiment of Housing and Urban Development (HUD) as
provided by the Cranston-Gonzalez National Affordable Housing Act, as amended ("ACT"); and
WHEREAS, the Board of County Commissioners of Collier County approved the Collier
County Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2007-2()08 for the HOME
Program by Resolution (2007-101) on April 24, 2007; and
WHEREAS, the United States Depatiment of Housing and Urban Development (HUD) has
approved the County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2007-2008 for
the HOME Program and the use of the HOME funds for the activities identified in the Plan; and
WHEREAS, the COUNTY and the DEVELOPER desire to provide the activities specified in
this Agreement, in accord with the approved One- Year Action Plan; and
WHEREAS, the COUNTY desires to engage the DEVELOPER to implement such
undertakings of the HOME Program as a valid and worthwhile County purposes.
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein
contained, including the Attachments, and subject to the terms and conditions hereinafter stated, the
Parties hereto understand and agree as follows:
Big Cypress Housing Corporation
2()07~HOME Construction/Fire Sprinklers
CHDO Set-Aside Agreement
Page I of 26
Ageno3 !te:-n l\lo. '16028
i~ove;rlber ~,3, 2JCi7
Page 4 oj 29
i. DEFINITIONS
(1) "AGENCY" means the Housing & Human Services Department of Collier County, the
HOME administering agency of Collier County. For the purpose of this Agreemcnt and
all administration of HOME funds, the AGENCY shall act on behalf of the COUNTY
in the execution and fiscal and programmatic control of this agreement. The term
"Approval by the COUNTY" or like term used in this Agreement shall in no way
relieve the DEVELOPER from any duties or responsibilities under the tcnns of this
Agreement, or obligation State or local law or regulation..
(2) "COUNTY" means Collicr County, and whcre applicable, it's authorized
representative(s).
(3) "HOME" is hereby defined as the HOME Investment Partnerships Program as
described in 24 CFR Part 92, under the authority of 42 U.S.c. 3535 (d) and 12701 -
12839.
(4) "HHS" means the Housing and Human Services Depaliment of Collier County.
(5) "DEVELOPER" means tbe Big Cypress Housing Corporation.
(6) "HHS APPROVAL" means the written approval of the Housing and Human Services
Depaliment or designee.
(7) 'BUD" means the Secretary of the U.S. Depalimcnt of Housing and Urban
Development or a person authorized to act on its behalf.
(8) "Low and moderatc income pcrsons" mcans the definition sct by HUD.
(9) "PROJECT" means thc work contemplated to be perfol111ed as set forth in ~:xhibit "A".
(10) "FEE" is hereby defined as the amount of money the COUNTY agrees to pay and the
DEVELOPER agrces to accept as payment in full for all the professional and technical
services rendered pursuant to this Agreement to complete thc WORK as fUliher defined
in Section lll, Scope of Work, hereof.
(II) "WORK" - is hereby detined as all the professional and tcchnical services to be
rendered or provided by the DEVELOPER as described here.
Ii. SCO['E OF SERVICES
The DEVELOPER shall, in a satisfactory and proper manncr, as detel111ined by HHS, perform the
tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for
reimburscment using Exhibit "B" along with the monthly submission of Exhibit "C," all of which are
attached hcreto and madc a pali hercof.
Ill. TIME OF PERFORMANCE
The effective date of this Agreement and all rights and duties designated hereundcr are contingent
upon the timely rclease of funds for this project by HUD under Grant No, M-07-UC-12-0017. The
effective date shall be the latest datc of execution of this Agrcement, and the services of the
DEVELOPER shall be undertaken and completed in light of the purposes of this Agreement. In any
even!, all services required hereunder shall be completed by the DEVELOPER prior to June 15,2008.
Any funcls not obligated by the expiration date of this Agreement shall automatically revert to the
COUNTY, as set forth in Pati VIII F (e), and Pari VillI-I below.
Big Cypre~s Housing Corpnration
2007-HOME Construction/Fire Sprinklers
CHDO Set-Aside Agreement
Page 2 of 26
Agenda Item No. 16028
~~ovember ~ 3. ~!007
Page 5 of 29
lV. CONSIDERATION AND LIMITATION OF COSTS
The DEVELOPER shall be reimbursed by the COUNTY for allowable costs, detel1nined by
COUNTY, in an amount not to exceed TWO HUNDRED FIFTY THOUSAND DOLLARS
($250.000.00) for the scrviccs described in Exhibit "A." In the evcnt the projcct costs exceed the
stated amount, the DEVELOPER shall be responsible for the excess. The COUNTY reserves the right
to inspect records and projcct sitcs to dctenninc that reimbursemcnt and compensation requests are
reasonable. The COUNTY also reserves the right to hold paymcnt 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.
Thc DEVELOPER may submit a final invoice upon completion with a letter requesting eloseout of the
project. Final payment shall be made after the COUNTY has detel1nined that all services have been
rendered, files and documentation delivered, and units have been placed in service in full compliance
with HOME regulations, including submission of a completion repOli and documentation of eligible
occupancy, property standards and applicable restrictions. Said determination shall be made within
reasonable 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 peliod of five years after
completion.
All improvements specified in Exhibit "A" shall be pertcllTned by DEVELOPER employees, or shall be
put out to competitive bidding under a proccdure acceptable to the COUNTY and federal
requirements. The DEVELOPER shall enter into contract for improvements with the lowest
responsive and responsible bidder. Contract administration shall be handled by the DEVELOPER and
monitored by the COUNTY, which shall havc access to all rccords and documcnts relatcd to thc
project.
V. NOTICES
All notices required to be given under this Agreement shall be sufficient when delivered to Housing
and Human Services at its office, presently located at 3050 North Horseshoe Drive, Suite Il 0, Naples,
Florida 34104, and to the DEVELOPER when de1ivcrccl to its office at the addrcss listed on page one
(I) of this Ab'feement.
VI. SPECIAL CONDITIONS
The DEVELOPER agrees to comply with the requirements of Title 24 Code of Federal RCt,'lllations,
Pati 92 of the Housing and Urban Development regulations coneeming HOME Investment Partnership
Program Grants (HOME) and all federal regulations and policies issued pursuant to these regulations.
The DEVELOPER fUliher agrees to utilize funds available under this Agreement to supplemcnt rather
than supplant funds otherwise available for specified activities.
Big Cypress Housing Corporation
2007-HOME Construction/Fire Sprinklers
CHDO Set-Aside Agreement
Page 3 of 26
f\oenda ite~i f'.Jo. i 6D 8
~ ;~o\lember 13. 20 7
PC:Jge 6 of 9
VII. GEl\ERAL CONDITIONS
A. IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES
The DEVELOPER shall implement this Agrecment 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 codes are minimal regulations supplemented by more restrictive
guidelines set forth by HHS. No payments will be made until approved by llHS
Department or designee.
Should a project receive additional funding after the eommcncement of this Agreement,
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
the HHS Depatimcnt or designee within forty-five (45) days of said official
notification.
B. COMPLIANCE WITH LOCAL AND FEDERAL RULES. REGULA nONS AND
LAWS
The DEVELOPER covenants and wammts that it will comply with all applicable laws,
ordinances, codes, rules and regulations of the state local and federal governments, and
all amendments thereto, including, but not limited to; Title 8 of thc Civil Rights Act of
1968 PL.90-284; Executive Order 11063 on Equal Opportunity and Housing Section 3
of the Housing and l: rban Development Act (If (i6S; I jtlusing and Community
Development Act of 1974, as well as all requirements set forth in 24 eFR 92 of the
Home Investment Patinership Program. The DEVELOPER covenants and warrants
that it will indemnify and hold the County forever free and harmless with respect to any
and all damages whether directly or indirectly arising out of the provisions and
maintenancc ofthis contract.
For all activities except prcdevclopment, no HOME project funds will be advanced, and
no costs can be incurred, until the COUNTY has conducted an environmental review of
the pwposed project site as required under 24 CFR 58. The environmental review may
result in a decision to proceed with, modi fy or cancel the gl'3nt assistance,
Notwithstanding any provision of this Agreement. the Patiies hereto agree and
acknowledge that this /'.grcement does not constitute a commitment of funds or site
approval, and that such C(HllInilment of funds or approval may occur only upon
satisfactory completion of cnvironmental review and receipt by the COUNTY of a
release of funds from the U,S. Department of Housing and Urban Development undcr
24 eFR 58. The HOME funds advanced to the PROJECT will be secured by lease
agreements, and deposit agrcemcnts. The DEVELOPER will also cnsure that the
PROJECT be secured by a decd resttiction as required by 24 CFR Pati 92.504. The
DEVELOPER agrees to comply with all applicable standards. orders, or requirements
issued under section 306 of the Clean Air Act (42 U.S,e. IS57(h)), section 508 of the
Clean Water Act (33 use. 1368), Executive Order 11738, and Environmental
Protection Agency rcgulations (40 CFR pari 15). The environmental effects of each
activity ean'icd out with HOME funds must be assessed in accordance with the
provisions of the National Environmental Policy Act of 1969 (NEPA) (42 lI.S.e. 4321)
Big Cypress Housing Corporation
2007-1 lOME Construction/Fire Sprinklers
CHDO Set-Aside Agreement
Page 4 of 26
J.\C1enda Item hio. 16028
~ r,ovember, 3. 2007
Page 7 of 29
and the related authoritics listed in HUD;s implemcnting rcgulations at 24 CFR parts
50 and 58.
The DEVELOPER will ensure 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 incutTed, including
actual expenditures or invoices for work completed. If the project is to be owncr-
occupied, the DEVELOPER will ensure Ihat all HOME assisted units will bc in
compliance with 24 CFR 92.254, including documenting that the properiy is eligible
under 92.254(a)(I) - (2), and will maintain compliance during the minimum
compliance period. (If the property also contains a rental unit assisted with HOME
funds, the DEVELOPER will ensure that occupancy complies with the requirements of
92.254(a)(6).) If the project is to be rental, the DEVELOPER will ensure that that
project is eligible under 92.214, and that it will meet the applicable standarcls of 24 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). The DEVELOPER shall
collect and maintain Projcct bcneficiary information pertaining to houschold size,
income levels, racial characteristics, and the presence of Female Headed Households in
order to detennine low and moderate-income benefit in a cumulative and individual
manner. Income documentation shall be the Annual Anticipatcd Income method as
stated in the HUD Technical Guide for Determining Incomc ane! Allowances Under the
HOME Proe:ram.
In the selection of occupants for PROJECT units, the DEVELOPER shall comply with
all non-discrimination requirements of 24 CFR 92.350. Such proccdures arc subject to
approval of the HHS Dcpartment. The DEVELOPER will implcment affirmative
marketing procedures as requircd by 24 CFR 92.351. Such procedures are subject to
approval of thc HHS DepUliment.
If the PROJECT is occupied at the time of this commitment, the DEVELOPER will
comply with the relocation requirements 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 under 24
CFR 92.251 (a)(3) as applicable. and Lead Based Paint Requirements as found in 24
CFR 92.355 and 24 CFR Part 35.
The DEVELOPER shall provide documentation approved by the HHS Deparimcnt
regarding match for purposes of the HOME program prior to submittal of request for
payment prior to submittal of requcst for paymcnt.
The DEVELOPER will be monitored by the HHS Depariment for compliance with the
regulations of 24 CFR 92 fix the compliance period specified above. The
DEVELOPER will provide reports and access to project files as requested by the HHS
Department during the PROJECT and for Five (5) years after completion and closeout
of the AGREEMENT. Project rccords must be maintained on site.
Big Cypress Housing COlVorJ.lion
2007-HOME Constructioll/Fire Sprinklers
CHDO Set-Aside Agreement
Page 5 01'26
Agenda llem No. 16D28
~'.jo\jelYiber 13. 2007
Page 8 of 29
CHDO PROVISIONS:
It is understood that the DEVELOPER has certified that it is and will maintain CHDO
(Community I.Iousing 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 by the AGENCY to document its continued
compliance, including but not limited to an unnual board rooster and certification of
continucd compliancc.
Any funds advanced as CHDO pre-development funds must be in compliance with
92.301, and are forgivable only under the tenus in 92.301.
Any funds advanced to the CHDO as CHDO Opemting Expenses must be expended in
compliance with 24 CFR 92.208.
Any funds that the CHDO is permitted to rctain as CHDO proceeds from this project
shall be used in compliancc with 24 CFR 92.300(a)(2) or as specificd in this
Agreement.
If the project is rental, the DEVELOPER will create and follow a tenant pat1icipation
plan as required in 24 CFR 92.303.
I. 24 CFR Part 92.206, HOME Investment Partnership Program - The
regulations governing the disbursement of HOME funds.
2. 24 CFR Part 58 - The regulations prescribing the Environmental Review
procedure,
3. 36 CFR Part 800 - The regulations outlining the proccdures for the protection
of historic and cuI tural propel1ies.
4. 24 CFR Part I - 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 the Equal
Employment Opportunity Act of 1972 - which prohibits discrimination in
employment.
8. 24 CFR 135 - Regulations outlining requirements of Section 3 of the HOLlsing
and Urban Development Act of 1968, as amended,
Big Cypress Housing Corporation
2007-HOME Construction/Fil<e Sprinklers
CHDO Set-Aside Agreement
Page 6 of 26
Agenda Item No. 16D28
Novemheri3,2007
Page 9 of 29
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
l5. 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 5a - Regulations which prescribe the paymcnt of
prevailing wages and the use of apprentices and trainees on federally assisted
projects as mandated by the Davis-Bacon Act. HUD Fonn 4010, which
describes the Davis-Bacon Act, is included as part of tbis agrecment and must be
included in all construction contracts nlllded by CDBG. Sce attachment A-3.
18. Revised Ordcr Numbcr 4 - Regulations that establish guidelines for the
implementation of Executive Order 11246 as amended by Executive Orders
11375 and 12086.
19. Executivc Order 119 [4 - Prohibits discrimination with respect to the
handicapped in federally assisted projects.
20. Exccutivc Ordcr 11625 and U.S. Dcpartmcnt of Housing and Urban
Development Circular Lettcr 79-45 - which prcscribes 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 Repot1.
24. Public Law 100-430 - the Fair Housing Amendments Act of 1988.
Big Cypress Housing Corporation
2007-HOME Construction/Fire Sprinklers
CHDO Set-Aside Agreement
Page 7 of 26
Aasnc:a item ~~o. 160~8
~ t>JOv8iTlber 'i 3. 2007
Page 10 of 29
25. 24 eFR 570, Subpart .J - regulations covering standard Grant Adml11istration
Procedures. These replace OMB Circular A-I 02. This suhpart includes 24 CFR
570.502.
26.0MB Circular A-133 - conceming annual audits.
27.0MB Circular A-122 - which identities 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-IIO Codified in the Uniform Administrative
Requirements ti,l' Grants and Agreements With Institutions of Higher Education,
Hospitals and Othcr Non-Protit Organizations.
30. 24 CFR Part 85- OMB Circular A-I02 Codified in the UnifonTI Administrative
Rcquircmcnts for Grants and Agrcements to Statc and Local Govcrnmcnts.
C. SUBCONTRACTS
The DEVELOPER further wanants and agrees to include or cause to be included the
critcria and requirements of this section in cvery non-exempt suhcontract in cxcess of
$100,000, The DEVELOPER also agrees to take such action as the federal, state or
local government may direct to Cnf(lrCe aforesaid provisions.
As providcd in r.s. 20,7.133 hy entering into this Agreement or performing any work in
furthcrancc hereof, the DEVELOPER certifies that it. its afflliates, suppliers,
subcontractors and consultants who will perform hereunder, have not been placed on
the convicted vendor list maintained hy the Statc of Florida Department of Management
Services within the 36 months illlmediately preceding the date hereof This notice is
required by F.S. 267.133 (3 lea),
Any work or services suhcontractcd hy the DEVELOPER shall he specifically by
written contract or agreemcnt. and such suhcontracts shall be subjcct to cach provision
of this Agrccment and applicable County, State, and Federal guidelincs and regulations.
Prior to execution by thc DEVELOPER of any subcontract hereunder, such
subcontracts must he submitted by the DEVELOPER to HHS for its review and
approval, which will spcciflcally lnclude a determination of compliance with the tC1111S
of the attached Work Program set f(lrth in Exhibit "/\,"
This review also includcs ensuring that all consultant contracts and fee schedules meet
the minimum standards as established hy the Collicr County Purchasing Department
and HUD. Subc()[1tracts J(l!' 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 v,rork plus
hourly rates including benefits, numher of drawings required. and all items that juslify
the "Fixed Fee Contract." Reimhurscments for such services will be made at
DEVELOPER cost.
None of the work or services covered by this Agreement, including hut not limitcd to
consultant work or services, shall be subcontracted by the DEVELOPER or reimbursed
hy the COUNTY without prior written approval of the HHS or his designee.
Big Cypress Housing COllwration
2007-fiOyrE Construction/Tire Sprinklers
CHDO Set-Aside Agreement
Page 0, of 26
Agenda Item ['Jo. 16028
November 13. 2007
Page 11 of 29
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 pmi of this Agreement
and shall be subject to approval of the COUNTY. Any modifications to this Contract
shall be in compliance with the County Purchasing Policy and Administrative
Procedures in effect at the time such modifications are authorized.
E. INDEMNIFICA TION
The DEVELOPER shall protect, defend, reimburse, 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 evcry kind or
character, including attol11cy's fccs and costs, whethcr at trial or appcllatc lcvcls or
otherwise, arising during the perfonnance of the tenns of this Agreement, or due to the
acts or omissions of the DEVELOPER.
DEVELOPER's af()resaid indemnity and hold hannless obligation, or portion or
applications thereof, shall apply to the fullest extent pennitted by law. The
DEVELOPER wi1l hold thc COUNTY harmless and will indcmnify the COUNTY for
funds, which thc COUNTY is obligated to refund the Federal Government arising out of
the conduct of activities and administration of DEVELOPER.
F. GRANTEE RECOGNITION
All tllcilities purchased or constructed pursuant to this Agreement sha1l be clearly
identified as to funding source, The DEVELOPER will include a reference to the
tinancial suppOli herein provided by HHS in all publications and publicity. In addition,
the DEVELOPER will make a good faith etTort to recognize HHS' support for all
activities made possible with funds made available under this Agreement. The
DEVELOPER will mount a temporary construction sign for projects funded by HHS.
This design concept is intended to disseminate key infonnation regarding the
development tcam as well as Equal Housing OppOliunity to the general public. This
signs construction utilizes a minimum conventional 4'X 8" plywood back panel and
other conventional construction materials and methods.
G. SUSPENSION & TERMINATION
[n accordance with 24 CFR 85.43, suspension or termination may occur if the
DEVELOPER materially fails to comply with any tcrm of the award, and that the award
lllay be tenninatcd for convenience in accordance with 24 CFR 85.44. In event of
tern1ination for any of the following reasons, all finished or unfinished documents, data
studies, surveys, drawings, maps, models, photographs, repOlis prepared, and capital
equipment secured by the DEVELOPER with funds under this Agreement shall be
returned to HHS or the COUNTY. [n the event of termination, 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 the DEVELOPER, and the COUNTY may
withhold any payment to the DEVELOPER for set-off pUlvoses until such time as the
exact amount of damages due to the COUNTY from the DEVELOPER is determined
whether by court of competent jurisdiction or otherwise. Such termination shall not
effect or tenninate any of the rights of the COUNTY as against the DEVELOPER then
existing, or which may thereafter accrue because of such default, and the foregoing
provision shall be in addition to all other rights and remedies available to thc COUNTY
under the law and the note and mortgage (if in effect), including but not limited to
Big Cypress Housing Corporation
2007-HOME Construction/Fire Sprinklers
CHDO Set-Aside Agreement
Page 9 of 26
Lwende item I\Jo, 16023
'-' !'~O"-.fe:1iber i 3. 2007
?age 12 or 29
compelling the DEVELOPER to complete the project in accordance with Ihe tenns of
this Agrecment, in a couli of equity. Thc waiver of breach of any term, covenant or
condition hereof shall not operate as a waiver of any subscquent breach of the same or
any other term, covenant, or condition hercof.
l. TERMINATION FOR CAUSE
If through any eausc either pmiy shall fail to fulfill in timcly and proper manner its
obligations under this At,~-eelllent, or if either party shall violate any of the covenants,
agreements, or stipulations of this Agrccmcnt, either pmiy shall thereupon havc the
right to tClminatc this Agrccment in wholc or part by giving writtcn notice of such
termination to the other pmiy and specifying therein the effcctivc date of tennination.
2. TERMINATION FOR CONVENIENCE
The COUNTY may terminate f()r its convcnicncc this contract at any time by giving at
least thiliy (30) days notice in writing to thc DEVELOPER, If the contract is
tenninated by the COUNTY, as provided herein, the County will reimburse for any
actual and approved expenses incurred, including those costs involved in terminating
the contracts and shutting down the work as of the datc of noticc, and thc
DEVELOPER will be paid as a FEE an amount which bca,-s thc same ratio to the total
compensation as the services actually performed bear to the total scrvice of the
DEVELOPER covered by this contract, Icss paymcnts of compensation previously
made. Claims and disputes betwccn the Parties will be submitted to the American
Arbitration Association for resolution. A ward or judgment may be entered in any court
having jurisdiction thereof
3. TERMINATION DUE TO CESSATION
In the event the grant to the COUNTY undcr Title j of the Housing and Community
Development Act of 1974 (as amended) is suspended or tCl1l1inated, this Agreement
shall be suspcnded or tCl1l1inated cffcctive on thc date that HUD specifies.
H. 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 S I 00,000 per person and $200,000 per accident/occurrence per
Florida Statutcs ~ 768.28 and 52,000,000 per accidcnt for federal and outside Florida
litigation per Florida Statutes ~ 768,28. Coverage shall not contain any cndorscment
excluding Contractual Liability or Cross Liability unless grantcd by the County's Risk
Managcment DepUliment. The DEVELOPER agrccs this coverage shall be providcd on
a primary basis.
2. BUSINESS AUTOMOBILE LIABILITY
The DEVELOPER shall agree to maintain Business Automobile Liability at a limit of
liability not less than S 1 00,000 per person and 5200,000 per accident/oceulTence per
Florida Statutes ~ 768.28 and 52,000,000 per accident for fedcral and outside Floricla
litigation per Florida Statutes ~ 768,28 for all owned, non-owned and hired
automobiles. The DEVELOPER shall agrec to maintain physical damage coverage for
a pcriod not less than 10 ycars with dcductibles not exceeding S 1 000 for
Big Cypress Housing Corporation
2007-HOME Construction/Fire Sprinklers
CHDO Set-Aside Agreement
Page 10 of26
Agenda Ilem No. 16D28
November 13. 2007
Page 13 of 29
Comprehensive and Collision. Collier County Board of County Commissioner's shall be
cndorscd to thc policy as a Loss Payee. The DEVELOPER shall agrcc to be fully
responsible for any deductibles, self-insured retention or uncovered losses. The
DEVELOPER agrees this coverage shall be provided on a primary basis.
3. ADDlTlONAL INSURED
Thc DEVELOPER shall agree to cndorse the COUNTY as an Additional Insured with a
CG 2026 Additional Insured - Designatcd Person or Organization endorsement, or its
equivalent, to the Commercial General Liability. The Additional Insurcd endorsemcnt
shall read "Collicr Count v Board of County Commissioners, a Political Subdivision of
the State of Florida. its Ofticers. En1lJIovees. and Agents. c/o Housing and Human
Services Department". The DEVELOPER shall agree the Additional Insured
endorsements provide coverage on a primary basis.
4. CERT1FICA TE OF INSURANCE
The DEVELOPER 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 Agrccment by the COUNTY. A minimum thiliy (30)
day endeavor to notify clue to cancellation or non-renewal of coverage shall be included
on the cetiificate(s).
5. RIGHT TO REVIEW AND ADJUST
The DEVELOPER agrecs that the COUNTY, by and through its Purchasing or Risk
Management Dcpmimcnt, in cooperation with HHS Department, reserves the right to
periodically revicw, modify, rcject or accept any required policies of insurance,
including limits, coveragc's, or endorsements, herein from time to time throughout the
life of this Agreement. The COUNTY rescrves the right, but not the obligation, to
review and reject any insurer providing coverage because of its poor financial condition
or failurc to operate lcgally.
l. INDEPENDENT AGENT AND EMPLOYEES
Thc DEVELOPER 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 suhjeet to the COUNTY provisions of the law applicable to County cmployees
relative to employment, hours of work, rates of compensation, leave, unemployment
compensation and cmployce bcnefits.
VIII. ADMINISTRATIVE REOUIREMENTS
A. FINANCIAL MANAGEMENT
The DEVELOPER 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 intemal controls,
and maintain necessary source documentation for all costs incuned.
B. DOCUMENT A nON AND RECORD - KEEPING
Big Cypress Housing Corporation
2007-HOME Constructionifire Sprinklers
CIIDO Set-Aside Agreement
Page 11 of26
Agenda Item hlo. 16D28
~..Jc)Vemher 13 2007
Pa~e 14 of 29
I, The DEVELOPER shall maintain all records required by the HOME Fedcral
Regulations for a period of five years (5) years after expiration of this
Agreement.
2, All reports, plans, surveys, infllrlnation, documcnts, maps, and other data
procedures developed, prcpared, assembled, or completed by the DEVELOPER
for the puq)(lSe of this Agrecment 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 under this Agrecment copies of all
documents and records relating to this Agrccment shall be surrendered to HHS if
requested.
3. The DEVELOPER shall submit reports as required to assist the COUNTY in the
prcparation of HUD Labor Relations, WBE/MBE, Equal Oppoliunity
Employmcnt, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and
92 (3)(vi).
4. DEVELOPER shall submit monthly beneficiary reports to Housing & Human
Services using Exhibit "COo,
5. The DEVELOPER shall maintain records showing compliance with the Davis-
Bacon Law, including filcs containing contractor payrolls, employee interviews,
Davis-Bacon wage rates, and administrativc cross-referencing. DEVELOPER
shall maintain records showing contractor compliance with the Contract Work
Hours and Work Safety Law. Similarly, the DEVELOPER shall maintain
recorcls showing compliance with federal purchasing requirements and with
othcr fedcral rcquircll1cnts for grant implementation.
C. PURCHASING
All purchasing for services amI goods, including capital equipment, shall be made by
purchase order or by a written contract and in confol111ity with the procedures
prescribed by the Federal Management Circulars A-II 0, A-122, 24 CFR Pati 84. and 24
CFR Part g5, which are incorporated herein by rcference. The DEVELOPER shall
establish procurement procedurcs to ensure that materials and services are obtained in a
cost-effective manner. Whcn procuring for services to be provided under this
agreement, the DEVELOPER shall comply at a minimum with the nonprofit
procurement standards at 24 CFR 84.40 - .48.
In addition, the fC,llowing requircmcnts are imposed on any procurement under this
PROJECT:
Comply with Collicr County Purchasing Ordinance II 87-25, amended by Resolution
1197-435, as may be amendell, which will be provided to the DEVELOPER.
In addition, any DEVELOPER that can be considered to be a religious organization
shall abide by all portions of 24 CFR 92,257.
D. REPORTS. AUDITS. AND EV ALUA TfONS
Reimbursement will bc contingcnt on the timely reccipt of eomplctc and accurate
reports requircd hy this Agreement, and on the resolution of monitoring or audit
fIndings identified pursuant to this Agreement.
Big Cypress [-rousing Corporation
2007 -I IOME Construction/Fire Sprinklers
CHOO Set-Aside Agreement
Pagel2of26
Agenda Item No. IGJ28
November 13. 2007
Page 15 of 29
E. ADDlT!ONAL HOUSING & IlUMAN 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 time during normal business hours and as often as HHS, the COUNTY, HUD, or
the Comptroller General of the Unitcd States may deem necessary, there shall be made
available by the DEVELOPER to HilS, the COUNTY, HUD, or the Comptroller
General for examination all its records with respect to all matters covercd by this
Agrecment.
The DEVELOPER agrees to comply with the provisions of the Single Audit Act of
1984, as amended, as it pel1ains to this Agreement and any subcontracts entcred into
undcr this Agrcement. This will require the DEVELOPER to submit a single audit,
including any management letter, made in accordance with the general program
requil-ements of OMB Circulars A-IIO (Uniform Administrative Requirement for
Fcdcral Grants). A-122 (Cost Principles for Non-Profit Organizations), A-133 (Audits
of State, Local Governments, and Non-Profit Organizations), and other applicable
rcgulations within one hundred and eighty (180) days atter the end of any fiscal year
covered by this agreement in which Federal funds from all sources are expended. Said
audit shall be madc by a Certified Public Accountant of the DEVELOPER choosing.
The DEVELOPER shall provide such audit to HHS, In the event the DEVELOPER
anticipates a delay in producing such audit or audited financial statements_ the
DEVELOPER shall request an extcnsion in advance of the dcadlinc. The cost of said
audit shall be borne by the DEVELOPER. In the cvent the DEVELOPER is excmpt
from having an audit conducted under A-I33 (Audits of Slate, Local Governments, and
Non-Profit Organizations), the COUNTY reserves the right to require submission of
audited financial statemcnts and/or to conduct a "limitcd scope audiC of the
DEVELOPER as ddined in A-I33. The COUNTY will be responsible for providing
technical assistance to the DEVELOPER, as deemed necessary by the COUNTY.
G. PROGRAM-GENERATED INCOME
All incomc carncd by thc DEVELOPER from activities financed in wholc or in part by
funds provided hereunder must be reported to [-IHS. Such incomc would include, but
not be limited to, income from service fces, sale of commodities, and rental or usagc
fees. The DEVELOPER shall repol1 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 disburscment of such income shall comply with OMB Circular A-II 0
(Uniform Administrative Requirement for Fcderal Grants) and other applicable
regulations incorporated herein by reference.
In addition to the foregoing, Prob~'am Income, as defined by 24 CFR 92.503 for HOME
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 [ncomc on hand at or reccivcd
by the DEVELOPER or its sub-contractors atter the expiration of this Agreement shall
be returned to the COUNTY no latcr than thiliy (30) days after such expiration, subject
to any DEVELOPER requests to utilize uncommitted funds.
Big Cypress Housing Corporation Page 13 of 26
2007-HOME ConstructioniFire Sprinklers
CHOO Set-Aside Agreement
A;jf:flJa Itsrn ~~o 160 8
Nov'2l11bar 13. 20 7
Page 16 of 9
1. GRANT CLOSEOUT PROCEDURES
DEVELOPER obligation to the COUNTY shall not end until all closeout requirements
are completed. Activities during this closeout period shall include, hut not limited to;
making final payments, disposing of prob~'am assets (including the return of all unused
materials, equipment, unspent cash advances, program income halanccs, and receivable
accounts to the COUNTY), and determining the custodianship of records.
IX. OTHER PROGRAM REQUIREMENTS
A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The DEVELOPER ab'Tees 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
he subjectcd to, discrimination under any activity cmTied out by the performance of this
Agreement. Upon receipt of evidence of such discrimination, the COUNTY shall have
the right to tellninate this Agrcement.
To the greatest extent feasible, lower-income residents of the project areas shall be
given oppoliunities 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
DEVELOPER shall comply with the Section 3 Clause of the Housing and Community
Development Act of 1965.
B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS
ENTERPRISES
In the procuremcnt of supplies, equipment, construction, or services to implement this
Agreement, the DEVELOPER shall make a positive c!fort to utilize small business and
minority/women-owned business enterprises of supplies and services, and provide these
sources the maximum feasihle opportumly to compete for contracts to be performed
pursuant to this Agreement. To the maximum extent feasible these small business and
minority/women- owned husiness enteq1rises shall bc located in or owncd hy residents
of the CDBG areas designated by Collier County in the Annual Consolidated Plan
approved by HUD.
C. PROGRAM BEf\'EFICIARIES
At least tifty-one percent (5] %) of the benc!iciaries of a project funded through this
Agreement must be very low, low- income persons. If the project is localed in an
entitlement city. as defined by HUD, or serves henefieiaries countywidc, more than
thirty percent (30%,) of the beneficiaries directly assisted through the use of funds undcr
this Agreement must reside in unincorporatcd Collier County or in municipalities
pmiicipating in the County's Urhan County Qualification Program. The project funded
uncleI' this AbTcement shall assist beneficiaries as defined above for the time pcriod
designated in Exhibit A of this Agreemcnt. The DEVELOPER shall provide written
verification of compliance to I-IHS upon HHS' requcst.
D, EVALUATION AND MONITORING
The DEVELOPER agrees that HHS will calTY out periodic monitoring and evaluation
activities as determined necessary by HHS or the COUNTY and that the continuation of
Big Cypress Housing Corporation
2007-HOME Construction/Fire Sprinklers
CHDO Set-Aside Agreement
Page 14 of26
I',genda Item No. 16028
November ~13. 2007
Page 17 of 29
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. Tbe DEVELOPER
agrees to fumish 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 tbe COUNTY. The DEVELOPER shall, upon the request of HHS,
submit infOlmation and status reports rcquired by HHS, the COUNTY or HUD on
forms approved by HHS to enable HHS to evaluate said progress and to allow for
completion of repolts required of HHS by HUD. The DEVELOPER shall allow HHS or
HUD to monitor the DEVELOPER on site. Such site visits may be scheduled or
unseheduled as detem1ined by HHS or HUD.
E. CONFLICT OF INTEREST
The DEVELOPER covenants Ihat no person who presently exercises any functions or
responsibilities in connection with the Projeet, has any personal financial interest, direct
or indirect, in the target at'eas or any parcels thercin, which would conflict in any
manner or degree with the performanee of this Agreement and that no person having
any conflict of interest sball be employed by or subcontractcd by the DEVELOPER.
Any possible eonflict of interest on tbe part of the DEVELOPER 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 tbe statutory requirement
that maximum opPOltunity be provided for employment of and pmticipation of low and
moderate-income residents of the projcct target area.
F. PUBLIC ENTITY CRIMES
As provided in F.S. 287.133 by entering into this Agreement or pcrfom1ing any work in
furtherance hereof, the DEVELOPER eeltlfics that it, its affiliates, suppliers,
subcontractors and consultants wbo wlll perfi,nn hereunder, have not bcen placed on
the convicted vendor list maintained by the State of Florida Department of Management
Scrviccs within the 36 months immediately preccding thc datc hereof. This notlce is
required by F.S. 287.133 (3)(a).
G. DRUG-FREE WORKPLACE REQUIREMENTS
The DEVELOPER, as a condition of being awarded, must celtify 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 Pmt 24, subpart F.
H, CERTlFICA TION REGARDING LOBBYING
The undersigned celtifies, to the best of his or hcr knowledge and belief, that:
I. No Federal appropriated funds have been paid or will be paid, by Dr Oil bebalf of
the undersigned, to any pcrson for influencing or attempting to influence an
officer or employee of any ageney, a Member of Congress, an officer or
employee of Congress, or an employee of a Membcr of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the
making of any Fcderalloan, the entcring into of any cooperative agrecmcnt, and
the extension, continuation, renewal, amcndment, or modification of any Federal
contract, grant, loan, or cooperative agreemcnt.
Big Cypress Housing Corporation
2007-HOME Construction/Fire Sprinklers
CHDG Set-Aside Agreement
Page 15 of26
I\,y:::nda Item ~~o. I (i028
'-' f\JOvetTlber ~13, 2DCJ7
Page 13 of 29
2, If any funds other than Federal appj'(lpriated funds have been paid or will be
paid to any person for intluencing or attcmpting to intlucncc an officer or
cmployee 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 agrecment, the undersigned shall
complctc and submit Standard Fonn-LLL, "Disclosure Fonn to Repent
Lobbying", in accordance with its instructions.
3. Thc undcrsigncd shall rcquirc that thc language of this celtitication be included
in the award documents for all subawards at all tiers (including subcontracts,
sub[,'fants, and contracts undcr grants, loans, and eoopcrative Agreements) and
that all DEVELOPERS shall celtify and disclose accordingly,
X. ENVIRONMENT AL CONDITIONS
A. AIR AND WATER
The DEVELOPER, as DEVELOPER, agrees to comply with the following
requirements insofar as they apply to the pcrfonnancc of thc Contract:
1. Clean Air Act, 41 USe., 7401, ct 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 (EPA) regulations pursuant to 40 e.F,R., Part 50, as amcnded.
B. FLOOD DISASTER PROTECTION
In accordance with the rcquirements of the Flood Disaster Protection Act of 1973 (42
USC 400 I), the DEVELOPER shall assure that [clr activities located in an area
identified hy FEMA as having special flood hazards, flood insurance under the National
Flood Insurancc 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 li'om FEMA, which
would satisfy this requirement and/or reduce the cost of said 1100d insurance.
e. LEAD-BASED PAINT
The DEVELOPER 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 Pmt 25 and 24 CFR part 92.355. Such
rcgulations pertain to all BuD-assisted housing and requirc 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 thc
hazards of lead-based paint and explain the symptoms. treatment and precautions that
should be takcn when dealing with lead-based paint poisuning and the advisahility and
availability of hlood lead level screening for children under seven. The notice should
also point out that if lead-based paint is found on the property, ahatement measures
might be undertaken.
Big Cypress Housing Corpomtion
l007-HOME ConstructLon/Fire Sprillklcrs
CHDO Set-Aside Agreement
Pagel6of26
Agsnda Item No. 16028
f\lovembar 13. 2007
Page 19 of ~9
D. HISTORIC PRESERVATION
The DEVELOPER agrees to comply with the Historic Preservation requirements set
forth in the National Historic Prescrvation Act of 1966, as amended (l6 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 Officcr 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 propeJiy list.
XL SEVERABIUTY 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.
XI1. REVERSION OF ASSETS
Upon expimtion of the Agreement, the DEVELOPER shall transfer to the COUNTY any
HOME funds on band at the time of expiration. any accounts receivable attributable to the use
of HOME funds, and any non-expendable personal property that was purchased with HOME
funds. Any real propeliy under DEVELOPER control that was acquired or improved in whole
or in pari with HOME funds in excess of Twenty-five Thousand Dollars ($25,000) will be
covered by the regulations 24 CFR Pari 570.503(B)(8).
XU!. CONDITIONS FOR REUorOlJS ORGANIZATIONS
HOME funds may not be used for religious activities or provided to primarily religious
organizations. 24 CFR 570.200U) specifies the limitations on HOME funds, and is herein
incorporated by reference, In addition, any DEVELOPER that can be considered to be a
religious organization shall abide by all pOliions of24 CFR 92.257,
XIV. COUNTERPARTS OF THE AGREEMENT
This Agrcement, consisting of twcnty-six (26) enumerated pages, which include the exhibits
referenced herein, shall be executed in two (2) counterpmis, each of which shall be deemed to
be an original, and such counterparis will constitute one and tbe samc instrument.
Big Cypress Housing Corporution
2007-HOME Construction/Fire Sprinklers
CHOG Set-Aside Agreement
Page 17 of26
Agenda !tern ~~o. 160 8
Novern89r i 3. 20 7
Page 20 of 9
XV. ENTIRE UNDERSTANDING
This Agreement and its provisions merge any prim agreements, if any, between the parties
hereto and constitutes the entire undcrstcmding. The parties hereby acknowledge that there have
been and are no repre~entatiul1s, warranties, COVCuLmts\ or undertakings other than those
expressly set fOlih herein.
IN WITNESS THEREOF, the pariies hereto have caused this 26 page agreement to be cxecuted by
their undersigned oftieials as duly authorized eiTeetive the 1" day of July, 2007.
BIG CYPRESS HOUSING CORPORATION
BY:
(DEVELOPER SEAL)
(Optional)
STEVE KIRK, PRESIDENT
ATTEST:
DWIGHT E, BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
BY:
Patricia Morgan. Deputy Clerk
JAMf,S COLETTA, CHAIRMAN
Appr,'Cd , '10 ) 11 a
legal. d" . '
JclTrev.'I!t Klatz\~ >IV
Chiec'AV;i"tcmt \,\unty Attorney
,J
Big C)vrc~;s I I()Using C()rpuratiol1
2(l()7-]-IUl\JE ConstrucLion Fire Sprinklers
CHDO Set-Aside Agreement
Page I S of 2()
Agenda Item ~,o. 16028
November 13. 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) pe11l1anent rental housing units. Fifty-one (51) are multi-family (Phase I), four
(4) are single-family (Phase 2) for qualifying low incomc lcgal migrant and seasonal
fannworkers, on approximately 20 acres in unincorporated Immokalee, Florida.
B. PROJECT SCOPE:
The Big Cypress Housing COll'oration will construct fifty-five (55) permanent rental housing
units of which four (4) are singlc-tiunily and fit\y-onc (51) are multi-family to qualifying low
income legal migrant and seasonal farm workers, on approximately 20 acres. This HOME
funding is for Phase I or Phase 2. Funding will be utilized and expended for construction
and/or the installation of fire sprinklers. Funding in thc amount of ONE HUN DRED FORTY
SIX HIOUSAND, NINE HUNDRED NINETY SEVEN HOLLARS ($146. 997) will be
allocated from regular HOME funding and ONE HUNHRED THREE THOUSAND, AND
THREE DOLLARS ($103,003) will be allocated from HOME Cf-IDO Set-Aside funding.
The units arc HOME fixed units, The project must contain at least 20'1., of the units (e1evcn-
11). occupied bv families at or below 50% of MF! and rents cstablished at Low HOME Rent
Level. Additionallv. thirtv-eight (38) units must be occupied bv households at or below 60%
MF! 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% MFI and rents established at High or
Low HOME Rent Levels.
The DEVELOPER will be responsible for the following:
The DEVELOPER shall submit to Housing & Human Services a certification that all
households meet incomc qualification and legal residency requircments prior to full occupancy
and on an annual basis. The anticipatcd annual household income of the participant shall be
verified and not exceed the income limits as mandated by the U.S. Department of Housing and
Urban Development (I-IUD). The annual income cettification is due July 1st each year for the
next twenty (20) years 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 submitted within thirty (30) clays of the
agreement approval. If documents arc not receivcd, rcquests for paymcnts cannot bc processed.
Big Cypress Housing Corporation
2007-HOME Construction/Fire Sprinklers
CHDO Set-Aside Agreement
Page 19 of26
AGenda item No. 16028
~ Noven18er 13. 2007
?age 22 of 29
The creation and maintenance of income eligiblc files on clients served and documentation that
all households are eligible under HUD Income Guidelines. A letter stating that all residents of
The Reserve at Eden Gardens meet the HUD householdlincome eligibility criteria must be
submitted prior to thc start of construction of this project. Submission of documentation of
Leverage/Match Funds listed under Budgct in Section C prior to submittal of first Request for
Payment fillm.
Posting of visible signage at the work site identifying the funding source(s) as mentioned in
section VII part F. This is negotiable if thc Big Cyprcss Housing Corporation fcels that
identification of site impcdes improvements or occupancy,
NOTE 1: 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 construction
work. The final number of units to be constructed must be ('eported to the HHS staff as soon as
the detennination is made ifit differs from the fifty five (55) listed in scope of services above.
NOTE 2: The DEVELOPER shall prioritize the work in the Project. and shall bid such work in
a sealed bid manner that would allow the receipt of itemi7ed costs from bidders, which would
then allow the award of items that can be funded by the budget. The DEVELOPER shall
require a bid bond, 100%, payment bond, and IOO'Yo pertimnance bond for any contract tht
exceeds S I 00,000.
NOTE 3: The DEVELOPER shall not award the construction contract for the Project until
SLlfficient funding is available to complete the established scope of work. The DEVELOPER
shall obtain HI-lS's approval prior to awarding the constlllction contract to be fundcd through
this agreement. Afler awarding sllcb contract tbe DEVELOPER shall submit bid minutes to
HHS. HI-lS' s approval is required prior to executing any change orders to sllch contract.
NOTE 4: The DEVELOPER shall not request reimbursement from HHS for materials or
equipment received and stored on the project site or elscwhere. The DEVELOPER shall only
requcst reimbursement for materials and equipment that have been installed.
The DEVELOPER further agrees that HHS, in consultation with any parties HHS deems
necessary, shall be thc final arbiter on the DEVELOPER's compliance with the above.
Sources of Funds
FHFC LOAN
FHLB
COLLIER
COLLIER
Total
TOT AL DEVELOPMEi\;T COST: HOME & HOME CHDO Set Aside - Big Cypress
Housing Corporation
PHASE II THE RESERVE AT EOEN GAROENS
Amount Type $
300,000 DEMO
250,000 AHP
250,000 HOME
192,000 COBG
992,000
$
$
$
$
$
c.
Uses of Funds
CHDO-Set Aside
HOME
Other Sources
Total
Construction
3/4 BR Single Family (4)
Infrastructure
103,003
146,997
164,626
209,660
$
$
414.626.00
209,660.00
Big Cypress Housing CoqJoration
2007-HOME COllslnlCtion/rire Sprinklers
CHDO Set-Aside Agreement
Page 20 01'26
Agenda Item No. 16028
November 13. 2007
Page 23 of 29
Other Construction $
Permits/Impact Fees 58,267 $ 58,26700
Contingency 24,971 $ 24 971 .00
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 $ 30,00000
Subtotal 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 $ 1,94000
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 $ 1,200,00
Survey 1,800 $ 1,800.00
Utility Connections 6,020 $ 6,02000
Taxes During Construction 4.500 $ 4,50000
Contingency 4,279 $ 4279.00
Subtotal Development Budget 156,326 $ 156,326.00
Developer's Fees (Earned) 53,150 $ 53.150.00
Land/ROWs 40,000 $ 40,000.00
Total Oevelopment Budget $ 103,003.00 $ 146,997.00 $ 742,000.00 $ 992,000.00
D. STAFFING: Provide list of staff directly responsible for reporting and request for payment
processing.
E. DA ViS-BACON ACT: The SUBRECIPIENT shall request the Countv to obtain a Davis-
Bacon wage decision for the project prior to advertising the construction work. The
SUBRECIPlENT shall inco!1)orate a copv of the Davis-Bacon wage decision and disclose the
requirements of the Davis-Bacon Act in its construction bid solicitation and sub-contract(s).
F. BONDING REQUIREMENTS: The DEVELOPER shall comply with the requirements of
OMB Circular A-IIO (Uniform Administrative Requirement for Federal Grants) and 24 CFR
Palt 84 in regard to any bid guarantees, performance bonds, and payment bonds.
Big Cypress Housing Corporation
2U07-I-IOME Construction/Fire Sprinklers
CHDG Set-Aside Agreement
Page 21 of26
Agenda iisrTl No. i 6D 8
r~C)\lerY\b8r i 3. 20 7
Page 24 of 9
G. CONSTRUCTION PAYMENT RETAINAGE: The DEVELOPER 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 DEVELOPER agrecs not to release
such retainages until it has obtained approval from the COUNTY that the contractor and
subcontractors havc complied with the requirements of the Davis-Bacon Act.
H. FORMER PROJECTS: Failure to adcquately maintain any fC>11llcr CDBG/HOME/SHIP/ESG
funded projcct may rcsult in the delay of processing reimhursement requests for ongoing
activities or in the forfeiture of future HOME funds.
1. WORK SCHEDULE: The time frame for completion of the outlined activities shall be:
Milestone Deadline
Stat1 construction 11/30/07
Construction of 55 units comI'lc:~~_ __. IO/30/0R
Lease Up Complete 12/30/0R
--
Please Ilote that if allY of these activities exceed the timelilles hy two mOllths a revised work
schedule mt/st be submitted to HHS.
J. COMPENSA TlON: The County shall pay the DEVELOPER for the pcrfonnanee of this
Agreement upon completion or partial completion of thc work tasks as accepted and approved
hy HHS pursuant to the submittal of monthly Prob~'CSS rcpOl1s as identified in Section I.
Reimburscmcnt shall be made to the DEVELOPER when requested as work progresses, but
not more frequently than once per month. Adhcrcncc to the work schedule idcntified in Section
H will be required, unless modified in writing hy the pm1ies, Rcimhurscment will be made
upon receipt of a proper invoice and in compliance with Section 21 R, 70. Fla. Stats., otherwise
known as the "Florida Prompt Payment Act".
K. REPORTS: The DEVELOPER shall submit detailed monthly progress repOl1s to HHS
outlining thc status of specific activities LInder the project. Each report must account for the
total activity for which the DEVELOPER is paid with HOME 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 fonn Exhibit "C". The progress reports shall be used as an additional
basis for HHS's approval of invoices, etc. for reimbursemcnt.
L. OUTCOME PERFORMANCE MEASUREMENTS:
OBJECTIVE
DECENT HOUSlNG
OUTCOMES
Affordability th
creation of fifty
ren tal ho_us i ng,l
ACTIVITY INDICA TORS
rough the Construction of new Number of new
'-five (55) rental housing units. affordable rental
mits. bOllsin" units built (55).
.-~--~,
Big Cypress Housing Corporation
2007-HOrvIE Constll.lction/rire Sprinklers
CHDO Set~Aside Agreement
Page 22 of 26
Agenda Item r'Jo. 16028
r~overnber '13. 2007
Page 25 of 29
EXHIBIT "B"
COLLIER COUNTY HOUSING AND HUMAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name: Big Cypress Housing Corporation
Subrecipient Address: 19308 SW 380'" Street. Post Office Box 343529. Florida City. FL 33034
Project Name: The Reserve at Eden Gardens CHDO Set Aside for Fifty-Five Rental Units
Project No:
1IM07-
Payment Request #
Dollar Amount Requested: $
SECTION II: STATUS OF FUNDS
1. Grant Amounl Awarded
$
250,()OO
2, Sum of Past Claims Paid on this Account
$
3. Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Accclllnt
$
4. Amount of Previous Unpaid Requests
$
5. Amount of To day's Request
$
6. Current Grant Balance (Initial Grant A.mount Awarded Less
Sum of all requests)
$
I certify that this request for reimburscmcnt has bcen drawn in accordance with the terms and conditions of the
Agreement between the County and llS as the Sub-recipient. I also cCI1ify that the amollnt of the Request for
Reimbursement is not in excess of current needs.
Signature
Date
Title
Authorizing Grant Coordinator
Supervisor
Dert Director.
(apl1roval authority uncler $ ] 4.999)
(aDoroval r~quircd $15.0QO and ahove'!
Big Cypress Housing CClrporatiol1
2007-HOME Ccm:;truction/Fire Sprinklers
CHDO Set-Aside Agreement
Page 23 of 26
Agenda I:.sm !'Jo. 16D28
t~::rve!Tlber 13. 20G7
Pa;Je 26 of 29
"ATTACHMENT A"
BIG CYPRESS HOUSING CORPORATION
(2007 HOME CHOO SET ASIDE)
THE RESERVE AT EDEN GARDENS
HOME MONTHLY PROGRESS REPORT
Complete form for past month and submit to Housing & Human Services staff by the 10'" of the following
month.
Status Report for Month of
Submitlal Date:
Project Name_
Reserve at Eden Gardens for fiftv~five rental units
Project Number
HM07-
Activity Number
DEVELOPER:
Hi!? c:ypress Housin!! Corporation
Contact Person
Steve Kirk. President___
Telephone:
305-242-2142
Fax:
305-2 42-2143
E-mail:
kjlh.uet(illy~allO(J.cul n
1. Activity Status/Milestones (describe any action taken, relating to this project, during the past
month):
2. 'vVhat events/actions are scheduled for the next two months?
3. Describe any affirmative marketing you have implemented regarding this project. Please
list and attach any recent mcdia 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. New leases executed this month (if applicable):
Big Cypress Housing Corporation
2007-HOlv1E COllstructioll/'Fire Sprinklers
CHDO Set-Aside Agreement
Page 24 of 26
Agenda Item No. 16028
November 13, 2007
Page 27 of 29
Name of Applicant
Security Deposit
Utility Deposit
6. For projects that scrvc a particular clicntelc, please complcte the following information
by entering the appropriatc numbcr in thc blank spaccs and in the chart bclow.
Complete the below cha,"t for NEW clicnts servcd this month. DO NOT DUPLICATE
clicnts scrved in previous months. Y 011 may provide data by either households or persons
scrved. Howcver, if onc pcrson rcccived TWO scrviccs this counts as TWO SERVICE
UNITS:
TOTAL BENEf'lCIARIES
This project benefits
"households" or "persons").
houscholds or pcrsons. Please circle one categot.y (either
Enter the number (Jjbcne{lciarics 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 CutTent
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 o{boxes 2. 3 a/1d 4 should equal the /1umber i/1 box I.
FEMALE HEAD OF HOUSEHOLD
This project assisted
number in box "5" below.
Female Head of Households REGARDLESS of income. Enter this
-----...- --
BOX I ROX 2 BOX 3 80X..t BOX5
Tota[ Number of Extremely Very lOlv hltOme Femnk HCf1d of
Houwholds or PcrSOlts Low [ncol1le Low Income (51-W%) Household
Assisted
(0-30%) 0[-50%)
. ,
, I
Big Cypress Housing Corporation
2007-HOivrE Construction/Fire Sprinklers
CHDO Set-Aside Agreement
Page 25 of 26
i\:.Jencia ! L8:11 :'.10. 16D 8
- r\!OV9!Ti~;'2r 13. 20 7
Page 28 of 9
DEVELOPER must indicate total bcnc/iciaries (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 N011h Africa.
2. Black or African-American: A person having origins in any of the black racial groups of Africa.
3. ASlan: 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 NOlth and
South America (including Central America), and who maintains tribal affiliation or COllUl1Lmity 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 Ethnidty:
] . Hispanic or I,atino: A person of Cuban, Mexican, Puel10 Rican, South or Central American, or other
Spanish culture or origin, rcgardless of racc.
Tabulation Tahle of Race and Ethnicitv Beneficiaries
I Race I # Total #
I HisDanic
- i
White
-
Black or African American
_.--- '-'"
Asian
-
American Indian or Alaskan !\ ative -
-c------.----- ---.----- - .--
Native Hawaiian or Othcr Pacific Islander
.-.--.-.......------.---.- -
American Indian/Alaska Native and White
Asian and White
~----- -
I3lacl<lAti'ican American and White -.
----..--...
American [ndian/Alaskan Native and Black/African American
-------
Other Multi-Racial
TOTAL: I
Big Cypress Housing Corporation
2007-HOME Construction/Fire Sprinklers
CHDG Set-Aside Agreement
Page 26 of 26
Item Number:
Item Summary:
Meeting Date:
Page] or 1
iter!' ~Jo_ 1( D:!3
COLLIER COUNTY
BOARD OF CDlJNTY COMMISSIONERS
1G:)26
nll~ li8m was conli,lued ~rom trllo Onorier ;~3, ~'IJO-,~ Bee Meatlng Re::o:l1ll':Gr-datioll tl103l the
Bo<:<rc of County :::'or(';lnl%ICH1erS ,-<prorc)ves an-J OiiJnl()rr,~e,; Its Ch~irrrlal' \0 s;gn, OJ H::;me
InviOCtrnel1l PartnWShlp ~'rognllT; iH(,)ME: SUr)rcc'n:eni "g,,,~mcll' Wltr' 31g Cy()'-es,; Housing
COfl)oratlOn provld'f'\Q tor 8 grant In tflf- 1018' 0][110U'1t 01 ,i2~ U,U()(: 00 to, lIw CGnS\r~'Clion
and/D' l[15t?lla~IOI', o~ llr<, ~pl'IlH8r<; 1or<< 5~, ~lnil lTlult',fillTl~)' 18"lta' r,ou,ln\:; c()IY<<;lex (The
F-'ecelvE a: Eder ,2:Jr'dc'n,,) tor k,;p! 1l1Iqf;m~ <lnd seliscq,a ',JrlTl WU~(f!' III :m::V:k1-H-e
1111:),'=[',(17 ",OUIlO AM
D~te
Prepared By
Ros~ MUOl
Cornrnunitv Development &
EllvironmentalSer/lces
Granl~, M~Il;J!-Jement Coordin<itor
Fln~I1C1al /\'1I'-lIn. r.. Housing
10/5/20075:54:12 PM
Data
Approved By
JeffKlatzkow
Countl'Atlorney
Assrstant County Attorney
County AtlOrnO\' Oh~e
10!9120074:57PM
MMI~ r'<l"'~!)Y
Date
Approved By
Pu:'ii~ SE'OllU)S
Public Sf"rvicefA;j'oinistrator
Public S{'rvice~; "dUlin.
11!1!2007t1:54AM
AplJro\'ed By
Marcy Krum~)ine
Publi','-,',rvi',''''
Director
Date
HOUStn(l & HumanServicos
11i1/200711:55AM
Applicat,onsAllaiysl
:)~te
Approvell By
OMS C00r'dinalOr
Ad,n "I";"rnliH.:.Serv,ces
InlQrmai"'n )()chnology
11!1.'20G7 2::::3 PM
Date
Aprru\'l'll By
Linu,.E"",t
Ad";:,,is'r~tll[- Services
CO'ltra,:~" Agenl
rJUr(;h,1<,i'g
11'1i200: SAS PM
Date
Allprll\'l'll By
Slf'v"C>lrnell
Actll1ini~lr~h',,: Serv;ces
Purchasing/General Svc5-D;rector
Purchasm9
1112/200710:47AM
Marl,.-isdCKson
D,ite
Approved By
CO\HHy M~nJ\1'ds Office
BudgetAllalyst
Office of Mana9conent & 8udget
11:cr2007\l:07 AM
AppTon'dBy
ShcrryPr\'Dr
County ~bnclg' r's Office
ri,;'llzgcments. fJud'JctAnJlyst
DBte
C"';CC ,A li.at1":h-;m'"n', & 8udget
11'6l2(},J7 2,37 PM
Date
Appru\'l'd By
Ja,,,eG'i_I'-'-,,dd
B03r;~ of Ce,unty
Ccm!n"Si"llecs
County Mllnager
Counl\' M:lll:Jger's t.)fffu)
11/6.-'2n072:54PM
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Agenda Item No. 16029
November 13, 2007
Page 1 of 26
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves, and authorizes its
ChaiJ'DllUl to sign, a Subreclpient Agreement providing a Community Development Block
Grant in the amount of $250,000 to Fun Time Early Childhood Academy, InCo, for site
development in preparation for construction of a new Fun Time Early Childhood Academy
with.. the George Washington Carver and River Park commuDities in the City of Naples.
OBJECTIVE: That the Board of County 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 Street 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 clearing, grading, drainage, site civil engineering, services, permits,
landscaping, storm water retention, sewer lines, site development plan and design).
_.
On April 24, 2007, the Board of County Commissioners (BCe) 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 number of beneficiaries
are published in the 2007-2008 Action Plan. The project included in this agreement was
approved in the 2007-2008 Action Plan in the amount of$115, 849; the additional monies for this
project were reallocated from a previous year's project that was not completed.
FISCAL IMP ACT: Approval of this contract 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.
GROWfH MANAGEMENT IMPACT: The proposed grant to Fun Time Early Childhood
Academy, Inc., will benefit 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 HUD/Community
Development Block Grant (CDBG) subrecipient agreement form in use in Collier County since
2001.- J.A.K
RECOMMENDATION: That the Board approves and authorizes its Chairman to sign a
Subrecipient Agreement providing a $250,000 grant to Fun Time Early Childhood Academy,
Inc,. to be used for public facility site preparation at their future location at 102 12th Street North
using U.S. Department of Housing and Urban Development (HUD) Community Development
Block Grant (CDBG) funds.
Prepared by: Sandra Marrero, Grants Management Coordinator
Housing and Human Services Department
Agenda Item No. 16029
November 13, 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
HUO Grant # B-07-UC-12-00l6
THIS AGREEMENT, is made entered into 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-profit corporation existing under the laws of the State of Florida authorized to transact business in the State
of Florida, having its principal office at 1010 5th Avenue North, Naples, Florida 34102, and its Federal Tax
Identification number as 59-1039978, hereinafter refen-ed to as the "SUBRECIPIENT" effective July I, 2007.
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 undeliaking celiain activities to primarily
benefit low and moderate income persons and neighborhoods and to alternatively use Community
Development Block Grant (COB G) funds for: slum or blight trcatment 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 2007-2008 Consolidated One-Year Action Plan was developed following the
Collier County Consolidated Plan - Citizen Participation Plan, adopted on .J anuary 9, 200 I; 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 Prob'Tam with
Resolution 2007-lO1 on April 24, 2007, including the use of this standard form Agreement; and
Fun Time Early Childhood Academy
Site Preparation
Page I of 24
Agenda liem No. 16D29
November '13. 2007
Page 3 of 26
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 2007-2008 for the CDBG Program
and the use of the CDBG funds for the activities identified in the Plan; and
WHEREAS, the COUNTY and the SUB RECIPIENT 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 SUBRECIPlENT to implement such undeliakings 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. DEFINITIONS
(I) "COUNTY" means Collier County, and where applicable, it's authorized representative(s).
(2) "CDBG" means the Community Dcvclopmcnt Block Grant Program ofCollicr County.
(3) "HHS" means the Housing and Human Services Department of Collier 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) "HUD" mcans 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" mcans the definition set by HUD.
(8) "Project" means the work contcmplated to be performed as set forth in Exhibit "A".
11. 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 hcreof.
III. TIME OF PERFORMANCE
The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the
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 undeliaken
Fun Time Early Childhood Academy
Site Preparation
Page 2 of 24
Agenda Item No. 16029
November 13, 2007
Page 4 of 26
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 VIll F (e), and Part VIII H
below.
IV. CONSIDERATION AND LIMITATION OF COSTS
The SUBRECIPIENT shall be paid by the COUNTY for allowablc 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 Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put
out to competitive bidding under a procedure acceptable to thc COUNTY and fcdcral requirements. TIle
SUBRECIPIENT shall enter into contract for improvemcnts with the lowest responsive and responsiblc
bidder. Contract administration shall be handled by the SUB RECIPIENT and monitorcd 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 Housing & Human
Services at its office, presently locatcd at 3050 North Horseshoe Drive, Suite 110, Naples, Florida 34104, and
to the SUBREClPIENT when delivered to its office at the addrcss 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 eoncel1ling Community Development Block Grants
(CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPlENT
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 proccdures outlined in HHS'
Policies and Procedurcs memoranda. The Federal, Statc, 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 projcct receive additional funding after the commencement of this Ab'feement, the
SUBRECIPIENT shall notify HHS in writing within thiliy (30) days of receiving notification
from the funding source and submit a cost allocation plan for approval by HHS or designee
within fOliy-five (45) days of said official notification.
Fun Time Early Childhood Academy
Site Preparation
Page 3 of 24
Agenda Item No. 16D:'9
November 13. 2007
Page 5 of 26
B. COMPLIANCE WITH LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS
During the performance of the Agreement, the SUBRECrPIENT agrees to comply with any
applicable laws, regulations and orders listed below which by reference are incorporated and
made a palt hereof. The SUB RECIPIENT further agrees to abide by all other applicable laws,
I, 24 CFR Part 570, as amended - The regulations goveming the expenditure of
Community Development Block Grant funds.
2. 24 CFR Part 58 - The rC6'Ulations prescribing the Environmental Review procedure,
3. 36 CFR Part 800 - The regulations outlining the procedures for the protection of
historic and cultural propelties.
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 oppoltunity in housing.
6. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which
cstablishes 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 Aet of 1972 - which prohibits discrimination in employment.
8. 24 CFR 135 - Re6'Ulations outlining requirements of Section 3 of the Housing and
Urban Developmcnt 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
IS. Section 504 of the Rehabilitation Act of 1973
Fun Time Early Childhood Acaclemy
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Agenda Item No. 16D29
November 13. 2007
Page 6 of 26
16. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
17. 29 CFR Parts 3, 5 and Sa - 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. HUD FonTI 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 cstablish 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 g 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 repolis, circulars, and procedures, such as the Grantee PerfOlmance
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 subpatt includes 24 CFR
570.502.
26.0MB Circular A-133 - concerning annual audits.
27.0MB Circular A-122 - which identifics 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-IIO Codified in the UnifonTI 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 UnifonTI Administrative
Requirements for Grants and Agreements to State and Local Govemments.
Fun Time Early Childhood Academy
Site Preparation
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Agenda Item No. 16029
November 13. 2007
Page 7 of :'6
C. SUBCONTRACTS
Any work or serviccs 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 Federal guidelines and regulations. Prior to
execution by the SUBRECIPIENT 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 tem1S 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 Depattment 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 "Fixcd 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 SUBRECIPlENT or reimbursed by
the COUNTY without prior written approval of HHS or his designce.
D. AMENDMENTS
The COUNTY may, at its discretion, amend this Agreement to confonn to changes required by
Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall
he incorporated by written amendment as a pati of this Agreement and shall be subject to
approval of the COUNTY. Any modifications to this contract shall be in compliance with the
County Purchasing Policy And Administrative Procedures in effect at the time such
modifications are authorized.
E. INDEMNIFICA nON
The SUB RECIPIENT shall protect, defend, reimburse, indemnify and hold the COUNTY, its
agcnts, its employees and elected officers harn1less 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 otherwise, arising during the
perfonnance of the terms of this Agreement, or due to the acts or omissions of the
SUBRECIPIENT.
SUBREClPIENT's aforesaid indcmnity and hold hannless obligation, or portion or
applications thereof, shall apply to the fullest extent pel111itted by law. The SUBRECIPIENT
will hold the COUNTY ham1less and will indemnify thc 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 clearly identified as
to funding source. The SUBRECIPIENT will include a reference to the financial SUPPOlt herein
provided by HHS in all publications and publicity. In addition, the SUBRECIPlENT will make
Fun Time Early Childhood Academy
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Page 6 of 24
Agenda Item No. 16029
November 13. 2007
Page 8 of 26
a good faith effort to recognize HHS' support for all activities made possible with funds made
available under this Agreement. The SUB RECIPIENT will mount a temporary construction
sign for projects funded by HHS. This design concept is intended to disseminate key
infOlmation regarding the development team as well as Equal Housmg 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, repOlts prepared, and capital
equipment secured by the SUB RECIPIENT with funds under this A6>reement 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 SUB RECIPIENT is determined.
1 . TERMINATION FOR CAUSE
If through any cause either patty shall fail to fulfill in timely and proper manner its obligations
under this Agreement, or if either party shall violate any of the covenants, a6>reements, or
stipulations of this Agreement, cither party shall thcreupon have the right to tcrminate this
Agreement in whole or patt by giving written noticc of such tennination to thc 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, telminate 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 telmination.
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 SUBRECIPIENT agrees this coverage shall be provided on a primary basis.
I. 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/occUlTence per Florida
Statutes 9 768.28 and $2,000,000 per accident for federal and outside Florida litigation per
Florida Statutes ~ 768.28. Coverage shall not contain any endorsement excluding Contractual
Liability or Cross Liability unless !,>ranted by the County's Risk Management Dcpartment. The
SUBRECIPIENT agrees this coverage shall be provided on a primary basis.
Fun Time Early Childhood Academy
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Agenda Item No. 16029
November 13. 2007
Page 9 of 26
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 pCI' accident for federal and outside Florida litigation per
Florida Statutes S 768.28 for all owned, non-owned and hired automobiles. The
SUBRECIPIENT shall al,'Tee 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 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 Commercia! General Liability. The Additional Insured endorsement shall read "Collier
Count v Board of Countv Commissioners, a Political Subdivision of the State of Florida, its
Officers. Emplovees, and A!.'ents, c/o Housing & Human Scrvices Department". The
S UBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a
primary basis.
4. CERTIFICATE OF INSURANCE
The SUB RECIPIENT shall agree to deliver to the COUNTY a certificate(s) of insurance
evidencing the required insurance is in full forcc and effcct 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-rcncwal of coverage shall be included on the
certificate(s).
5. RIGHT TO REVIEW AND ADJUST
The SUBREClPIENT agrces that the COUNTY, by and through its Purchasing or Risk
Management Department, in cooperation with HHS, rcserves thc 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 revicw and rcject any insurer providing coverage
because of its poor financial condition or failurc to operate legally.
L INDEPENDENT AGENT AND EMPLOYEES
The SUB RECIPIENT agrees that, in all matters relating to this A6>Teement, 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.
VIlL ADMINISTRATIVE REOUlREMENTS
A. FINANCIAL MANAGEMENT
Fun Time Early Childhood Academy
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Agenda Item No. 16029
November 13, 2007
Page 10 of 26
The SUBRECIPIENT agrees to comply with OMB Circular A -Il 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 internal 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 CDBG Federal
Regulations.
2. All reports, plans, surveys, infomlation, documents, maps, and other data procedures
developed, prepared, assembled, or completed by the SUBRECIPlENT for the purpose
of this A6'reement 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 sUlTendcrcd to HHS if requested. In any event the SUB RECIPIENT
shall keep all documents and records for three (3) years after expiration of this
Agreement.
3. The SUBRECIPIENT shall submit reports as rcquired to assist the COUNTY in the
preparation of BUD Labor Relations, WBE/MBE, Equal OpPOltunity Employment, and
BUD Section 3 repents, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi),
4. SUB RECIPIENT shall submit monthly beneficiary reports to Housing & Human
Services using Exhibit "C",
5. The SUBREClPIENT 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, SUB RECIPIENT shall
maintain records showing contractor compliance with the Contract Work Hours and
Work Safcty Law. Similarly, the SUBRECIPIENT shall maintain records showing
compliance with federal purchasing requirements and with other federal requirements
for 6'l'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-I 10, 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 repOlts
required by this Agreement, and on the resolution of monitoring or audit findings identified
pursuant to this Agreement.
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Agenda Item No. 16029
November 13. 2007
Page 11 of 26
E, ADDITIONAL HOUSING & HUMAN SERVICES. COUNTY. AND HUD
REOUIREMENTS
Housing & Human Services 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, 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 this Agreement;
(b) All capital equipment expenditures of$I,OOO or more;
(c) All out-of-town travel; (travcl.shall be reimbursed in accordance with Florida Statutes,
Chaptcr 112.061);
(d) All change orders; and
(e) All requests to utilize uncommitted funds after the cxpiration of this agreement for
programs described in Exhibit A, and
(f) All rates of pay and pay increases paid out ofCDBG funds, whether for metit or cost of
living,
G. AUDITS AND INSPECTIONS
At any time during nonnal 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 SUB RECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as
amended, as it pertains to this A6'1"eement 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 (UnifOlm Administrative Requirement for Federal Grants), A-I22 (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
(1 SO) days after the end of any fiscal year covered by this a6'reement in which Federal funds
from all sources are expended, Said audit shall be made by a Certified Public Accountant of the
SUB RECIPIENT's choosing. The SUBREClPIENT shall provide such audit to HHS. In the
event the SUBRECIPIENT anticipates a delay in producing such audit or audited financial
statements, the SUB RECIPIENT 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- I 33, The COUNTY will be responsible for providing technical assistance to the
SUBREClPIENT, as deemed necessary by the COUNTY,
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Agenda Item No. 16029
November 13, 2007
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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 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 (UnifolID Administrative
Requirement for Federal Grants) and other applicable regulations incorporated herein by
reference.
In addition to the foregoing, Pro6'1"am Income, as dcfined 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 A6'1"eement shall apply to
stated activities. Any Program Income on hand at or reccivcd by the SUBRECIPlENT 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.
I. GRANT CLOSEOUT PROCEDURES
SUBRECIPlENT 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 retum 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 REQUIREMENTS
A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability,
national Oligin, religion, age, familial status, or sex be excluded from the benefits of, or be
subjected to, discrimination under any activity carried out by the perfonnance of this
Agreement. Upon receipt of evidence of such discrimination, the COUNTY shall have the right
to tenninate this A6'1"eement.
To the greatcst cxtcnt 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 patt by persons residing in the project areas shall be
awarded contracts in conncction 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 implemcnt 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 perfonned pursuant to
Fun Time Early Childhood Academy
Site Preparation
Page II of24
Agenda Item No. 16029
November 13. 2007
Page 13 of 26
this Agreement. To the maximum extent fcasible 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 thiIty percent (30%) of the
beneficiaries directly assisted through the use of funds under this Agreement must residc in
unincorporated Collier County or in municipalities participating in the County's Urban County
Qualification Program. The project funded under this A6'feement shall assist beneficiaries as
defined above for the time pcriod designated in Exhihit A of this Agreement. The
SUBRECIPIENT shall provide written verification of compliance to HHS upon HHS's request.
D. EVALUATION AND MONITORING
The SUBRECIPIENT agrees that HHS will carry out periodic monitoring and evaluation
activitics as dctcnnined neccssary by HHS or thc 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 progrcss relating to project scheduling,
budgets, audit repOlts, and output mcasures. Thc SUBREClPIENT agrccs to fumish upon
request to HHS, the COUNTY or the COUNTY's designees and make copies or transcriptions
of such records and infonnation, as is detennined necessary by HHS or the COUNTY. The
SUBREClPIENT shall, upon the request of HHS, submit infonnation and status reports
required by HHS, the COUNTY or HUD on fonns approved by HHS to enable HHS to
evaluate said pro6'fess and to allow for completion of reports required of HHS by HUD. The
SUBRECIPlENT shall allow HHS or HUD to monitor the SUBRECIPlENT on site. Such site
visits may be schedulcd 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
indircct, in the targct areas or any parcels therein, which would conflict in any manner or
dcgree with thc perfonnance 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 patt of the SUBRECIPlENT or its employees shall be disclosed in writing to
HHS providcd, however, that this para6'faph shall he interprcted in such a manner so as not to
unreasonably impede the statutory rcquirement that maximum oppOltunity 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 perfonning any work in
fultherance hereof, the SUBRECIPIENT certifies that it, its affiliatcs, suppliers, subcontractors
and consultants who will perfoml 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
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Agenda Item No. 16029
November 13, 2007
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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 celtifies, 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 COn6'l'ess 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,
amcndment, or modification of any Fcderal 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, 6'fant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Fonn-LLL,
"Disclosure Form to RepOlt Lobbying", in accordance with its instructions.
3. The undersigned shall require that the language of this ccrtification 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.
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 Rcal Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be
subject to the provisions of the CDBG Re6'Ulations including, but not limited to, the provisions
on use and disposition of property. Any real property within the SUBREClPIENT control,
which is acquired or improved in whole or pmt 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 SUBRECIPIENT, as Subrecipient, agrees to comply with the following requiremcnts
insofar as they apply to the perfonnance ofthe Contract:
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Agenda Item No. 16029
November 13. 2007
Page 15 of 26
I. Clean Air Act, 41 U,S.c., 7401, et seq,
2, Federal Water Pollution Control Act, as amended, 33 U,S.C, 125[, et seq., as amended,
1318 relating to inspection, monitoring, entry, repOlts, and information, as well as other
requirements spccified in said Section I [4 and Section 308 (EPA) rcgulations pursuant
to 40 C.F,R., Part 50, as amended.
B. FLOOD D[SASTER 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). [fappropriate, a letter of map amendment (LOMA) may be
obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood
ll1surance.
C. LEAD-BASED PA[NT
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 Putt 25 and 24 CFR putt 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 propClties 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 mcasures might be undeltaken.
D, HISTORIC PRESERVATION
The Subrecipient agrees to comply with the Historic Preservation requirements set fOlth in the
National Historic Preservation Act of 1966, as amended (16 U,S,c. 470) and the procedures set
forth in 36 CFR, Palt 800, Advisory Council on Historic Preservation Procedures for Protection
of Historical Propcrtics, insofar as they apply to the performance of the Contract. [n gcncral,
eonCUlTence from the State Historic Preservation Officer is required for all rehabilitation and
demolition of historic properties that are fifty ycars old or older or that are included, on a
Fcderal, state, or local historic propelty list.
XL SEVERABILITY OF PROVISIONS
If any provision of this Agrecmcnt 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.
Fun Time Early Childhood Academy
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Agenda Item No. 16029
November 13, 2007
Page 16 of 26
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 SUB RECIPIENT 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 bc used for rcligious activities or providcd 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) enwnerated pages, which include the exhibits
referenced herein, shall be executed in two (2) countcrpalts, each of which shall be deemed to be an
original, and such counterparts will constitute one and the same instrument.
Fun Time Early Childhood Academy
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Agenda Item No. 16029
November 13. 2007
Page 17 of 26
XV, ENTIRE UNDERSTANDING
This Agreement and its provisions merge any prior agreements, if any, between the patties 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 fOlth herein.
WITNESS THEREOF, the palties hereto have caused this 24 page agreemcnt to be executed by their
undersigned officials as duly authorized effective the 1st day of July, 2007,
FUN TIME EARLY CHILDHOOD ACADEMY
BY: .
~
1"0
i I .
:,~_~/V1,"-A-~,^
>
(SUBREClPIENT SEAL)
(Optional)
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
Jeffr~1/ AjlClatzkow
ManaW;invsSistant County Atton1ey
Fun Time Early Childhood Academy
Site Prcparatiol1
Page 16 of24
Agenda Item No. 16D29
November 13, 2007
Page 18 of 26
EXHIBIT "A"
SCOPE OF SERVICES
FUN TIME EARLY CHILDHOOD ACADEMY
SITE PREPERATION
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 Ith Street NOlih, 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 suppOli the construction of a
7,708 square foot modular unit which will house Fun Time Early Childhood Academy, Inc. This
includes lot fill, site preparation (including any costs associated with Site Work, Paving, Utilities, Site
Cleadng, Grading, Drainage, Site Civil Engineering Services, Pennits, Landscaping, Stoml Water
Retention, Sewer Lines, Site Development 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 agreemcnt.
b. Posting of visible signage at the work site identifying the funding source as
mentioned in section VII part F,
c. Submission of request for payment along with suppoliing documentation for
payment of services. No work can be initiated until all contract docnments are
submitted and the contractors are celtified 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 Depmtment 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 opcning 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 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.
NOTE 2: The SUBRECIPIENT shall prioritize the work in the Project, and shall bid such work in a
Fun Time Early Childhood Academy
Site Preparation
Page 17 of24
Agenda Item No. 16029
November 13, 2007
Page 19 of 26
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 SUBRECIPIENT shall
obtain HHS' approval prior to awarding the construction contract to be funded through this agreement.
After awarding such contract the SUBRECIPIENT shall obtain HHS' approval prior to executing any
change orders to such contract.
NOTE 4: The SUBRECIPIENT shall not request reimbursement from HHS for materials or equipment
received and stored on the project site or elsewhere. The SUBRECIPIENT shall only request
reimbursement 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: Site Prep to Fun Time's New Facility
Eligible Activity:
Lot Fill, Site Preparation, Paving, Utilities,
Site Clearing, Grading, Drainage, Site Civil
Engineering Services, Permits, Landscaping,
Storm Water Retention, Sewer Lines, Site
Development 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
D. STAFFING: Provide list of staff directly responsible for reporting and request for payment processing.
E. BONDING REQUIREMENTS: 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.
F. 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 tlle forfeiture of future
CDBG funds.
G. WORK SCHEDULE: The time frame for completion of the outlined activities shall be:
Deadline
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.
H. 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
Fun Time Early Childhood Academy
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Agenda Item No. 16029
November 13. 2007
Page 20 of 26
which the SUBRECIPlENT 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 pro6'fess reports shall be used as an additional basis for HHS's approval of
invoices, etc, for payment.
I. OUTCOME PERFORMANCE MEASUREMENTS:
OBJECTIVE OUTCOMES ACTIVITY INDICATORS
Suitable Living Sustainability Public Facility Number of Persons Using
Environment Facilitv
J. DAVIS-BACON ACT: The SUBRECIPlENT shall request the County to obtain a Davis-Bacon wage
decision for the proiect prior to advertising the construction work. The SUBREClPIENT shall
incorporate a CODV 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 perfOlmance 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. Payments shall be made as work progresses, but
not more frequently than once per month, Adherence to the work schedule will be required, unless
modified in writing by the palties. Payment will be made upon receipt of a proper invoice and in
compliance with Section 218.70, Fla. Stats" othcrwise known as the "Florida Prompt Payment Act".
Fun Time Early Childhood Academy
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Page 19 of24
Agenda Item No. 16029
November 13. 2007
Page 21 of 26
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 Facilitv Im1;lrovements -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. CUlTent Grant Balance (Initial Grant Amount Awarded
Less Sum of all requests)
$
I certify that this request for payment has been drawn in accordance with the tenns and conditions of the
Agreement between the County and us as the Sub-recipient. I also celtify that the amount of the Request for
Payment is not in excess of cun'ent needs,
Signature
Date
Title
Authorizing Grant Coordinator
Supervisor
Dept Director
(approval authority under $14,999)
(approval required $15,000 and above)
Fun Time Early Childhood Academy
Site Preparation
Page 20 of 24
Agenda Item No. 16029
November 13. 2007
Page 22 of 26
EXHIBIT "c"
CDBG MONTHLY PROGRESS REPORT
Complete form for past month and submit to Housing & Human Services stafJby the ](j!' of the fallo wing
month.
Status Report for Month of
Submittal Date:
Project Name Fun Time Early Childhood Acadcmv Site Prep
Project Number Activity Number
Subrecipient: Fun Time Earlv Childhood Academy
Contact Person Peter Manion, Co-Chair
Telephone:
239-513-1098
Fax: (239)
E-mail:
mani onpl ({Dcomcast. net
I. 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
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.
Fun Time Early Childhood Acadcmy
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Page 21 of24
Agenda Item No. 16029
November 13, 2007
Page 23 of 26
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 Pl'ojects that serve a particular clientele, please complete the following infoffi1ation
by entenng the a]:Jpropriate number in the blank spaces and in the chart below. Complete
die below chart for NEW clients served this month. DO NOT DUPLICATE clients
served in previous months. You may_provide data by either households orpersons served.
However, if one person received TWO services this counts as TWO SERVICE UNITS:
TOT AL BENEFICIARIES
This project benefits
"households" or "persons").
households or persons. Please circle one category (either
Enter the number of beneficiaries in the blank space and in box
"1. J1
INCOME
Of the households or persons assisted, are extremely low-income income (0-30%)
ofthe CUfl'ent Median Family Income (MFr). Enter this number in box "2, "
Of the households or persons assisted,
cunent Median Family Income (MFI).
are very low-income (31-50%) of the
Enter this number in box "3. "
Of these households or persons assisted, are low-income (51-80%) of the CUlTent
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
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Agenda Item No. 16029
November 13, 2007
Page 24 of 26
This project assisted Female Head of Households REGARDLESS of income.
Enter this number in box "5" below.
BOX I BOX2 BOX3 BOX 4 BOX5
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:
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 Oligins 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 Oliginal
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. 16029
November 13. 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 # Hispamc
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:
Fun Time Early Childhood Academy
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Page 24 of 24
Item Number:
ItemSummllry;
Meeting Date:
Page] of]
Agenda Item No. 16U29
November 13, 2007
Page 26 of 26
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16D29
This Item was continued from the October 23.2007 BCe Meeting Recommendation that the
Board of County Commissioners approves. and authorizes its Crlairman to sign a
$ubrecrpient Agreement providing a COITlnlUnity Development Block Grant ill /tle amount of
$250.000 to Fun Time Early Childhood Academ~, Ine for sile deveiopment ill preparation for
construction of 2l new Fun Time [arly Childhood Academy within the George VVastlingtol1
Carver and RI'/er ParK CQrr.munitles rrJ the City of Naptes
11/D/200790QOO.r',M
Granl:5 MallagcmentCoorclinator
Dale
Prepared By
Sandra Marrnro
Public Services
Housing&Human Services
10/5120074:23:32 PM
AssislantCauntyAftorney
Date
Approved By
JeffKlilukow
County Altorney
COllnly Atlarney Officll
1018/20078:21 AM
Grants Coordinator
Date
Approved By
MarlcneJ, Foard
AdmlniSlrativeServiclls
Administrative Services Admin.
'018120079:32AM
Marcy Krurnbine
Director
Date
Approved By
Public Services
HOUSIn\) 8. Hum/Hi Services
10!31!20071:S5PM
Approved By
01'1.18 Coordinator
Administrativ",Ser"ices
Apf.'licatiol):;J.\nalysl
Date
infomlaticnTechnolagy
11/11100710:56AM
M",laRamsey
PUbILc$ervicw,Ammn,snmcr
Date
Approved By
Public Services
Public Service~.Aclmin.
11'1120071150AM
Apllrovcd By
LlIldaBesl
ACimlnislrllliveServices
ContracbAgent
Date
Purcl1asmq
11/1/200752" PM
Mark Isackson
Budget AnaJyst
Date
Approved By
County Manllger'~ Office
OffLee of Management & Budget
11/2/20079:44AM
Approved By
Steve Carnell
AdmioislrativeScrvlces
Purdl11singlGeneral Svcs Director
Date
Purchasing
11/21200711:09AM
County Manager
Date
ApprondBy
James V. Mmld
Board ofCounly
Comm;,.s,oner5
County Manager'" Off;c"
1115/20077:29 PM
file-/I("\Agenl"iflTe<;t\Fxnnrt\q7-Novemhl-~rO/;"7() I':; %70?On7\ 1 fi %?OrONSFNTO/n?nA(;FN
11/7n0()7
Agenda Item No. 16D30
November 13, 2007
Page 1 of 25
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves, and authorizes
its Chairman to sign, a Sub recipient Agreement providing Disaster Recovery
Initiative(DRI) funding in the amount of $664,000.00 to Immokalee Non-Profit
Housing, Inc., for hurricane hardening to the Sanders Pines and Timber Ridge rental
apartment complexes in Immokalee.
OBJECTIVE: Immokalee Non-Profit Housing Inc. (INPH) proposes to repair seventy-
five (75) units of rental housing and fencing dalnaged by Hurricane Wilma at Sanders
Pines Apartments and Timber Ridge in Immokalee, Florida.
CONSIDERATIONS: Funding in fhe amount of Six Hundred Sixty Four Thousand
dollars ($664,000) has been awarded for the purpose of providing hurricane resistant high
impact windows and replace fencing. Final completion date for funded activity shall be
no later fhen April 30, 2009.
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 offhe six projects previously approved.
FISCAL IMP ACT: Approval of fhis contract will provide a Disaster Recovery
Initiative funding in the amount of $664,000,00 to Immokalee Non-Profit Housing, Inc.,
for fhese renovations. No general funds will be used for fhese projects.
GROWTH MANAGEMENT IMPACT: The proposed grant to Immokalee Non-Profit
Housing, Inc. will benefit the low-income residents of Immokalee, which is consistent
with fhe Growth 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 200J. -.f.AX.
RECOMMENDATION: To approve and authorize the Chairman to sign a subrecipient
agreement providing a $664,000,00 grant to lmmokalee Non-Profit Housing, Inc., to be
used to repair the Sanders Pines and Timber Ridge rental apartment complexes in
Immokalee 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. 16030
November 13, 2007
Page 2 of 25
AGREEMENT BETWEEN COLLIER COUNTY
AND
IMMOKALEE NON-PROFIT HOUSING, INC
HURRICANE HARDENING
Florida Administrative Code 9BER06-1
CFDA # 14.228
THIS AGREEMENT, is made and entered into by and between Collier County, a political subdivision offhe
State of Florida, hereinafter referred to as "COUNTY", and "Immokalee Non-Profit Housing Inc.," a private
not-for-profit corporation existing under the laws of the State of Florida, having its principal office at 2449
Sanders Pines Circle, Immokalee,FL 34142 and its Federal Tax Identification number as 59-2716833,
hereinafter referred to as "SUBRECIPIENT", effective May 23, 2007.
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 Hurrieane Wilma wifh Resolution 2007-144 on May 23, 2007,
and
WHEREAS, the COUNTY and the SUBRECIPIENT 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 SlJBRECIPIENT 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
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by the Palties as follows:
I. DEFINITIONS
(1) "COUNTY" means Collier County, and where applicable, it's authorized representative(s).
(2) "CDBG" means fhe Community Development Block Grant Program of Collier County.
(3) "HHS" means the Housing and Human Services Depaltment of Collier County,
(4) "SUBRECIPIENT" means Immokalee Non-Profit Housing, Inc. (INPH)
(5) "HHS's Approval" means the written approval of the Housing and Human Services
Depaltment or designee.
(6) "HUD" means the Secretary offhe U.S. Depaltment 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) "DRl" means Disaster Recovery Initiative Program
(10) "DCA" means Florida Depaltment ofComll1unity 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 program outlined in Exhibit "A," and shall submit each request for payment using
Exhibit "B" along with the monthly submission of Exhibit "C," all of which are attached hereto and made a
palt 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 -09-21-01-2 01. 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 April 30, 2009, Any funds not obligated by the
expiration date of this Agreement shall automatically revert to the COUNTY, as set forth in PaIt VIII F (e),
and PaIt 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 Six Hundred Sixty Four Thousand Dollars ($664,000) 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 project.
V. NOTICES
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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 11 0, 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 conceming 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 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: ProgralTI Guidelines;
2. SUBRECIPIENT 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.
Ifneeded, SUB RECIPIENT 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 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, 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 SUBRECIPIENT further agrees to abide by all other applicable laws,
1, 24 CFR Part 570, as amended - The regulations goveming the expenditure of
Community Development Block Grant funds.
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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 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 alTIended.
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
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 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. 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.
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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 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 wifh 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-lIO 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 fhe
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 - fhat any person who knows, or has reasonable
cause to suspect, fhat 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
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fhis 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 reasonable
cause to suspect fhat 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 - fhat if any personnel in programs
under this contract work directly with children or youfhs 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. SUBCONTRACTS
Any work or services subcontracted by fhe 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 Federal guidelines and regulations. Prior to
execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be
submitted by fhe 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
in Exhibit "A,"
This review also includes ensuring that all consultant contracts and fee schedules meet fhe
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." Payment 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 paid 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. Any modifications to this contract shall be in compliance with the
County Purchasing Policy And Administrative Procedures in effect at the time such
modifications are aufhorized.
E. INDEMNIFICATION
The SUBRECIPIENT shall protect, defend, pay, indemnify and hold fhe 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
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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 ofthe 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 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 development tealTI 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 SUB RECIPIENT 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 alTIount of dalTIages
due to the COUNTY from the SUBRECIPIENT 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 temlination.
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 alTIended) is suspended or terminated, this Agreement shall be
suspended or terminated effective on the date that HUD or DCA specifies.
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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 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
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 S 768.28 for all owned, non-owned and hired automobiles. The
SUBRECIPIENT shall agree to maintain physical dalTIage coverage for a period not less than
10 years wifh 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 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 County Commissioners. a Political Subdivision of the State of Florida. its
Officers. Emplovees. and Agents. c/o Housing & 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 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 SUBRECLPIENT agrees that the COUNTY, by and through its Purchasing or Risk
Management Department, in cooperation with the HHS Department, reserves fhe 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.
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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 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 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
1. The SUBRECIPIENT shall maintain all records required by the CDBG Federal
Regulations.
2. All reports, plans, surveys, information, documents, maps, and ofher 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 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 fhe 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.
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D. REPORTS. AUDITS, AND EV ALUA TIONS
Payment 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, DCA. AND HUD
REOUIREMENTS
HHS shall have the right under this Agreement to suspend or terminate payment 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 payment.
(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 paid 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
(f) All rates of pay and pay increases paid out of DR I 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 Comptroller 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 matters covered by this Agreement
The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as
alTIended, as it pertains to this Agreement and any subcontracts entered into under this
Agreement This will require the SUB RECIPIENT to submit a single audit, including any
management letter, made in accordance with the general program requirements of OMB
Circulars A-I10 (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 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 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
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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 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 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.
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 determining the custodianship of records.
IX. OTHER PROGRAM REOUIREMENTS
A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUB RECIPIENT 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
concems located in or owned in substantial part by persons residing in the proj ect 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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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 fhese
sources the maximum feasible opportunity to compete for contracts to be performed pursuant to
fhis 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 fhis 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 fhan 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 nON 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 fhe COUNTY, The
SUBRECIPIENT shall, upon the request of HHS, submit information 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 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 fhe 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
Immokalee Non-Proftt Housmg
Hurricane Hardening Page 12 of 23
Agenda Item No. 16D30
November 13. 2007
Page 14 of 25
maintained by fhe State of Florida Department of Management Services within the 36 months
immediately preceding fhe 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 wifh 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 fhe
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 wifh the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, fhe 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 shall require that the language of this certification be included in the
award documents for all sub awards 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 SUB RECIPIENT 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
Immokalee Non-Prottt Housmg
Hurricane Hardening
Page 13 of23
Agenda Item No. 16030
November 13, 2007
Page 15 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 D.S.C. 1251, et seq., as alTIended,
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 alTIended.
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 ProgralTI 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.
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.
lmmokalee Non-Prottt Housmg
Hurricane Hardening
Page 14 of23
Agenda Item No. 16030
November 13, 2007
Page 16 of 25
XII. REVERSION OF ASSETS
Upon expiration of fhe Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG
funds on hand at fhe 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.
XIV. ATTACHMENT A
The SUBRECIPIENT shall agree to abide by the program guidelines as excerpted from fhe 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.
Immokalee Non-Prottt Housmg
Hurricane Hardening
Page 15 of23
Agenda item No. 16030
November 13, 2007
Page 17 of :'5
XV. ENTIRE UNDERSTANDING
This Agreement and its provisions merge any prior agreements, if any, between the palties 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 THEREOF, the palties hereto have caused this 23 page agreement to be executed by their
undersigned officials as duly authorized effective the 23'd day Of~~.
~/ rofit Housing, Inc.
BY: Q L .(\fZ.,',(~, ,I\{.t tw l\~ r .J:..JPl1.
(SUBRECIPIENT SEAL) SHERYL SOUKUP, EXECUTIVE DIRECTOR
ATTEST:
DWIGHT E, BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Patricia Morgan, Deputy Clerk
BY
JAMES COLETTA, CHAIRMAN
,I I
v 'a~o form and
, cy:
latzkow
ssistant County Attomey
lmrnokalee Non-Prottt Housmg
Hurricane Hardening
Page 16 of23
Agenda Item No. 16030
November 13, 2007
Page 18 of 25
EXHIBIT" A"
SCOPE OF SERVICES
IMMOKALEE NON-PROFIT HOUSING, INC
HURRICANE HARDENING
THE SUBRECIPIENT AGREES TO:
A. PROJECT DESCRIPTION:
Immokalee Non-Profit Housing Inc. (INPH) proposes to repair seventy-five (75) units of rental
housing and fencing damaged by Hurricane Wilma at Sanders Pines Apartments and Timber Ridge in
Immokalee, Florida.
B. PROJECT SCOPE:
Funding in the amount of Six Hundred Sixty Four Thousand dollars ($664,000) has been awarded for
the purpose of providing hurricane resistant high impact windows and replace fencing. Final
completion date for funded activity shall be no later then April 30, 2009.
It is recognized there is a funding shortfall to complete the entire scope of work needed. Replacement
windows will be prioritized by most severely damaged and INPH will attempt to secure additional
funding.
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 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, ] 00% payment bond and 100% performance bond for any contract that exceeds $100,000,
NOTE 3: The SUB RECIPIENT 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 fhe 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 SUBRECIPIENT shall not request reimbursement from HHS for materials or equipment
received and stored on the project site or elsewhere. The SUBRECIPlENT shall only request
reimbursement for materials and equipment fhat 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.
lmmokalee Non-Prottt Housmg
Hurricane Hardening Page 17 of23
Agenda item No. 16030
November 13. 2007
Page 19 of 25
Posting of visible signage at the work site identifying fhe funding source(s) as mentioned in section VII
part F.
Collier County will be responsible for the direct payment to Immokalee Non Profit Housing Inc. for
services invoiced.
c.
The SUBRECIPIENT further agrees that HHS, in consultation wifh any parties HHS deems necessary,
shall be the final arbiter on the SUBRECIPIENT's compliance wifh the above.
BUDGET: Hurricane Hardening
Line Item:
High impact windows, fencing, permits,
Ofher eligible associated costs, and
Administrative/project costs
Covered under CFR Part 570,
Subpart C and J
DR! Funds
Other (INPH)
$622,500
$ 41,500
$51,000
TOTAL PROJECT COST
$715,000
D. STAFFING: Provide list of staff directly responsible for reporting and request for payment processing.
E. BONDING REOUIREMENTS: The SUBRECIPIENT shall comply with the requirements of OMB
Circular A-IIO (Uniform Administrative Requirement for Federal Grants) and 24 CFR Part 84 in
regard to any bid guarantees, performance bonds, and payment bonds.
F. FORMER PROJECTS: Failure to adequately maintain any former CDBG/HOME/SHIP funded
project may result in the delay of processing payment requests for ongoing activities or in the
forfeiture offuture CDBG/HOME/SHIP/DR! funds,
G. WORK SCHEDULE: The time fralTIe for completion of the outlined activities shall be:
Task
100% com Ietion
End Date
A ril. 2009
Please note that if any of these activities exceed the timelines by two months a revised work schedule
must be submitted to HHS
H. 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 wifh DRI funds, in part or in whole, and which is required in
fulfillment of fheir obligations regarding the Project. The progress reports shall be submitted on fhe
form Exhibit "C". The progress reports shall be used as an additional basis for HHS approval of
invoices, etc. for payment.
I. DAVIS-BACON ACT: The SUB RECIPIENT 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 construetion bid solicitation and sub-contract(s).
Immokalce Non-Proht Housmg
Hurricane Hardening Page 18 of23
Agenda Item No. 16030
riovember 13, 2007
Page 20 of 25
1. COMPENSATION: The County shall pay the SUB RECIPIENT 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 pro6'ress reports, Payments shall be made as work progresses, but
not more frequently than once per month. Adherence to the work schedule will be required, unless
modified in wliting by the palties, 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".
tmmokalee Non-Prottt Housmg
Hurricane Hardening
Pagc 19 of23
Agenda Item No. 16030
November 13, 2007
Page 21 of :'5
EXHIBIT "8"
COLLIER COUNTY HOUSING AND HUMAN SERVICES
REQUEST FOR PAYMENT
Disaster Recovery Initiative
Subrecipient Name: Immokalee Non-Profit Housing. Inc (INPH)
Subrecipient Address: 2449 Sanders Pine Circle. Immokalee. FL 34142
Project Name: Hurricane Hardening
Project No: DRI 05-05
Payment Request #
Dollar Amount Requested: $
STATUS OF FUNDS
1. Grant Amount Awarded
$ 664,000.00
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
$
5. Amount of Today"s Request
$
6. Current Grant Balance (Initial Grant Amount Awarded
Less Sum of all requests) $
I certify 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)
Imrnokalee Non-Prol1t Housmg
Hurricane Hardening
Page 20 of 23
Agenda Item No. 16030
November 13. 2007
Page 22 of 25
EXHIBIT "COO
DR! MONTHLY PROGRESS REPORT
Complete form for past month and submit to Housing &Human Service's staff by the III" of the following
month.
Status Report for Month of
Submittal Date:
Project Name
Project Number DR! 05-05
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 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 any potential issues that may cause delay.
lmmokalee Non-Proht Housmg
Hurricane Hardening
Page 21 of23
Agenda Item No. 16030
t,ovember 13. 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 F ederalID (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 fhe
appropriate number in the blank spaces and in the chait below. Complete fhe below chait for NEW clients
served this monfh: 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:
TOT AL 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
Offhe households or persons assisted, are extremely low-income income (0-30%) of the current
Median FalTIily Income (MFI). Enter this number in box "2. "
Offhe 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 box "4. "
are low-income (51-80%) of the current Median Family
NOTE: The total of boxes 2, 3 and 4 should equal the /lumber in box 1.
FEMALE HEAD OF HOUSEHOLD
This project assisted Female Head of Households REGARDLESS of income. E/lter this number
in box "5" below,
BOX 1 BOX2 BOX] BOX 4 BOX5
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%)
Immokalee Non-ProtJt Housmg
Hurricane Hardening Page 22 of 23
Agenda 11em ~Jo. '6D:JO
t\Jovemberi ~:L 2007
Page 24 of 25
Subrecipients must indicate total beneficiaries for Race AND Ethnicity
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 ofthe black racial 6'TOUPS 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, 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:
ImmokaIee Non-ProfIt Housmg
Hurricane Hardening
Page 23 of 23
Item Number:
Item Summary:
Meeting Date:
Page] of 1
Agenda Item No. 1GD3C1
November 13,
fJ"ge :'5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16030
This Item was continued ffom tne Octone. 23. 2007 nleeting Recommendallon tllat the
50ard Of County COrTllTll5SIOnerS appr(l~es and authorize:; its Cha'rman \0 sign a
S'.Jbre:lpient Agleemel1t provld<ng Disaster Recovery Ir\I118tlve(DRI; fUlld<ng ill ttle arnount ot
S664 DOC 00 tD Imm"kaleB NOlo-Profit Housing, irK. tor hUlr,cane hardening to the Sanders
PiIles al1dTlmber Rldgf'feni,,1 Cl",artrnent co'nplexe5ln ImrTlokaiee
11.'13/20019000CAM
Dille
Prepared By
Sandra Marrero
Public Services
Grants Management Coordin~lor
Housing & Human Services
10.'5/20074:30:02PM
Director
Date
Approved By
M~rcyKrumblf1e
PublicS"l'\Iices
Housing & Human Services
1018/20072:09PM
Marlene J. Foord
Granis Coordinator
Date
Approved By
Administrative Services
Admlnistrat,veSer..ices Admin
10.'9/200711,21 AM
Approvedlly
JeffKlatzkow
County Attorney
Assistant County Attorney
Date
County Attotn!:'Y Office
10'9120074:58 PM
Public Servlc!:'s Aoministrator
Date
Approved II)
Marla Ramsey
Public Ser..:ces
PUbllcS"rvice!il,an,1i1
~11112007 11 :53 AM
Applicat'cHlSAni1lyst
Date
Approved By
OM8 C.oontinator
AdmlllrstrJ.t,veSec-,ices
!nfOrnl,1t,onlt:chnc'ic,gy
11!1r2007 229 ~M
Linda Best
::::ontra~b ;,,,,,nt
D~te
Approved By
Admirw;trativeServices
Pun:l1nsing
111112007543 PM
SteveCamell
Purchasmg./General Sv(:s Dire(:tor
Date
Approved By
Administrative Services
Purciusing
11121200711;24AM
Approvell By
t/brklsJckson
Count\, Manager's Off;<;e
Budge: An~lyst
Date
Off<<::e of Management &. Budy"l
1115,'2007 a,551',M
County ri,anager
Dale
Allproved By
JamesV.Mudd
Board of County
Commissioners
County ~';an~~rm's Office
l11f,/2n07 1U:31 AM
fill'- 11("\Aot'nrii'lTp~t\FYnnr1\Q'1_N(l\',..mhr'To/;''1()11 o/;,?n?f1fl7\ 1 f, %?()rnN~FNT%?nA(;FN
11nnnm
EXECUTIVE SUMMARY
AgenC:a Ilem No. 16031
November 13, 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 CDJ
Investments, LLC (DEVELOPER) for deferral of 100% of Collier County impact fees for an
owner-occnpied affordable housing unit located at West 75' of the East 150' of Tract 23, Unit
47, Golden Gate Estates.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Marco Bay Homes, LLC and CD] Investments,
LLC 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 tllis program, an application for
deferment was submitted by Marco Bay Homes, LLC and CD] Investments, LLC, which
application, after staff review, was detemlined to qualify for the program. Marco Bay Homes and
CD] Invesments LLC will sell the unit to persons whose legal status will be verified, documented
and kept on file at the office of Housing and Human Services. If the builder/developer fails to
comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or
is not sold to legal residents, the full anlount of deferred impact fees shall be immediately repaid to
the County, including all applicable interest and penalties. The subject lot is presently owned by
CD] Investments, LLC, 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 West 75' of the East 150' of Tract
23, Unit 47, 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 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 IMPACT: 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 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 Marco Bay Homes, LLC and CD] Investments,
LLC for property located at West 75' of the East 150' of Tract 23, Unit 47, Golden Gate Estates.
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
RNurnto
Agenda Item No. 16 31
November 13. 007
Page 2 of 6
l'ralll;Rllm\ey
Iiuu~inl!:& Bum.IISen-ices
JJUII~..I amiami Tr~il
N:orlfu,FLJ4112
File# 07-IOS-IF
This sracr ftlrrrfUrtlfng
LIEN AGREEMEI'iT WITH DEVELOPER FOR DEFERRAL OF 100% OF
COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE
HOUSING DWELLING UNITS "
n;I 0 c,1tJ.\>e.-Y
This Agreement is entered into this 22- day of..J..ttrn=: :WO 7, between Collier County, a
political subdivision of lh. State of Florida (COUNTY) and Marco Bay Homes, LLC (ButLDER)
and CD] Investments, LLC. (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 pursuam to Chapter 74 ofthc Code of Laws and Ordinances of
Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any confliL:t with this Agreement, the terms of the Ordinance shall
apply.
2, The legal description ofthc dwelling unit is attached as Exhibit "A."
3, The term 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. Thl~ amount of the impact f~:es deferred shall be paid to the COUNTY in full upon the sale of
the dwelling unites). unless the dwelling units are sold to households meeling the criteria set
forth in the Ordinance. and the impact fees arc duly deferred. As set forth in Exhibit "8;' the
Jmount of the deferred impact fees is Nineteen Thousand Two Hundred Seventv Three and
981100 Dollars ($19.273.98).
5. TIle deferred impact fees shall be a lien on the property described in Exhibit "A." \vhich lien
may be 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 unites). Ibe lien shall
terminate upon the recording of a re1ea<;e or satisfaction of lien in the public records of the
County, The deferrals of impact fees and this Agreement shall nm with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherv.:ise
conveyed from. Except as provided by Ia..v, regardless of an):' foreclosure on the first mortga.ge
or other security interest. this lien shall othenvise be superior and paramount to the interest in
the dwelling unit of an)' owner, lessee, tenant, mortgagee, or other person. except that this lien
shall be on parity with any lien for County taxcs,
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
relea.<;e 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 I of2' '3 4"-
Agenda Item No. 16 31
t"ovember 13, C 007
Page 3 of 6
declare that the defen-cd impact fees arc then in default and immedimcly due and payable. The
COlTNTY shall be entitled to recover all fec~ and costs, including attomcy's fee and costs,
incurred by the COLTJ\TY in enforcing this Agreement, plus interest at the then ma.ximum
statutory rate for judgments calculated on a calendar day basis until paid.
8. This Agreement is the sole agreement bctv.'ccn the parties \vilh 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:
By:
, Deputy Clerk
JAMES COLE1TA. Chairman
Vv'itnesses:
/ .
;<) Ii _ ! ~I, " >;-:_
-.......or'-..:.. .1_.~...>___....
P~~;t--N~;;~-~~"":~"~--'-':"-'.~~;~~'~-~"i
,/ 51 (:~~_-:;:6'='. -v~_-.~_
Print Name-=,"..;J...~___.~~,LL~,;
BUILDER. Marco Bay Homes, LLC
~
B:"~_:::::": /'" ,__,~,-'':;~
Pnnt Nume: Don W~ici~chowski
Title: ,,'1........'7 r.""--
STATE OF FLORiDA
COUl\T\' OF COLLIER ."l . .
___ 'fhe fon:going ,inslrum-':ll\ ),\'as a~knowlcdgcd before me thi:L7L_~ day of ti::/&l....~"-20(J7,
',,~-. -r -. (',-.,! "". ~
byL;.--v....",1_~___i, -"\:' .~_....,~ ~_~_, [or tvbrc() BaY,I-I(Jn::'s L,LC.. \\'110 is pCTsonally
known to me or has p"roduccd ___-?( . ~L_~_________as IdcnlJ1~.!.!_~m,
.-j \ -",--' ,,"',
2=:-,:~'_~'~I,,\_L~c\-~~',j'--L.~
TSil!.nature of Notarv Puhlic) \
-- ". \
12 \. .' ---o-c _ \ ,c
~"U..'O\rL ~\'Y_"'W\,yyl\
(Print Name ofl Notan Public)
I .
ni:;:;d:OI'ElLCDJ Investments. LLC.
I I /"/
''-.., ......--,;:::::::----------..
Bv:~.. ,/ ><
~u P;int ~~:lme: /1 r-~~-~~~L2,p'i f(7<-{j
Title: -'_ . ~-'. ,\..-L --- ~,-,-' I
"." i >-'- '- __,-~ __- /
\<':,':-C{.-\)~-t'..Jl '
[NOTARIAL SEALl
NOTARY PUBilC.SUn: Of flOrJDA
~' Barbara J. Sanborn
. Commls15lon #DD3951%
I. Expfl'e!l FEB. 09, 2009
DcndedTllruAUWltie IklDdin~ Co..lnc.
wro os;
" .' h '
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Prillt ~mlle--,"'l):.
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t:I'/NI' ,-,1, (,Hh-t'VL-l.'j,
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[NOTARIAL SEALl
l~l't~ G~Il;CIA PACHECO
,.....~ ~\" . Stale cl f\onOl
m-::.~y~~,..~+ M~"ub\lt - 2' 'lOO'9
i~ ~ ~E:"plle\"U9'
L .;t.tt lODflJ3921
- 74;.:: COl'lml1lfilCln M1:I1
~<";:':- "".~'V: BOfll'llCl11l1UllfJ1' l4at~ NtUN
'''''-
Page 2 of.?" 3 1.f-
Agenda Item No. 16 31
November 13, r007
Page 4 or6
t~for
Recommend approval: "
/
/
\1.'
JefTrcy' . K tzkow
Munagi g" l" sistant County Attorney
\
.-L;':'
Marcy Krumbinc, Director of
Housing & I-Inman Services
Page 3 of~ ~ 4.l-
I
LXIJIBIT "Au
Agen,jij it-2rT: No. 1eL::31
1'0overnber ~i3, 20C7
P2Je 5 of 6
LEGAL DESCRIPTIO\'
The West 75' of thl' East 130' of Tract 1.':\. Coit .t7, Golden Gate E~t"tcs, according to plat
thncof rl'cor-dcd in Plat Book 7. Page 32, of the Puhlic Record.... or Collier Cnun~', F1orid~l.
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Ft'c
A. EMS Impact Fee
Amount Owed
$100.59
H. Corn:ctional Facilities lmp3ct Fee
S112.68
C. Library Impact h'c
$460.23
D. Community' Parks Impact Fce
S935.0{)
E. Region:ll Parks Impacl fee
5:2.068.00
F. Edueutional Facilities S)'stcm lmpact Fcc
SS.:22S,OO
G. Road Impacl Fcc
S6.3S9,OO
H. (j(l\'crnmcnt Buildini,!:i impact Fcc
S72.5.()()
I. L.l\\ Enforcemellt Impact Fcc
5;:::85-48
TOTAt. IMPACT FEES
SI9.273,9R
:i\KArl'IO\'cd__'_'__
Item Number:
Item Summary:
Meeting Date:
Page 1 01'1
Agenda Item No, 1CD31
November j 3,2007
Pa~18 [, of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16031
Recommendation that the Board 01 County Commissioners approves and authorizes the
Chairman to sign a hen agreement with Marco Bay Homes, LLC !BUILDER) an:! COJ
Investments. LLC (DEVELOPER) for deferral of 100% of Collier County impact fees for an
owner-occupied affordable housing unit located at West 75 of the E8st .,50 of Tract 23, Unit
47 Golden Gate Estales
11,/131200790000 AM
Date
Prepared By
Frank Ramsey
PubliC Services
SHIP Program Coordinator
Housing and Human Sarvices
10i251200711:09:35AM
Date
Approved By
Marcy Krumbine
PubhcServices
Director
Housing & Human Services
10f26120079,S8AM
Date
Approved By
JeffKlatzkow
County Attamey
Assistant County Attorney
County Attorney Office
10i291200T3:07PM
MarlllRamsey
Dale
Approved By
Public Services
Public Services Admmlstrator
PUblic Services Admin.
10130/200711:43AM
Allproved By
OMS Coordir1ator
AdministrativcSerIices
Applications An~IY5t
Dolte
IrlformiltlOnTer:lmology
11/1I200711:14AM
DMe
Approved By
Markisackson
County Manager's Office
Budgel An~lvst
Office of Management & Budgel
1112!200710:25AM
Date
Approved By
James V Mudd
Board of County
Commissioners
CCluntyManager
CClunty Mallager'~ Office
11!5/2007fL06PM
filt>. IIr'\A 17PntbT P<:t\ FxnnrtIQ,). NOVf'mhl'r%')() 11 (}/;,')()')()()7\ 1 (., % ')()r()N~FNTP%?() A GFN
1117nnm
EXECUTIVE SUMMARY
Agenda Item r"c. 16D32
November 13. 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 CDJ
Investments, LLC (DEVELOPER) for deferral of 100% of Collier County impact fees for an
owner-occupied affordable housing unit located at East 75' of the East 150' of Tract 40, Unit
79, Golden Gate Estates.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Marco Bay Homes, LLC and CDJ Investments,
LLC 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
deferment was submitted by Marco Bay Homes, LLC and CDJ Investments, LLC, which
application, after staff review, was determined to qualify for the program. Marco Bay Homes and
CDJ Invesments LLC will sell the unit to persons whose legal status will be verified, documented
and kept on file at the office of Housing and Human Services. If the builder/dcveloper fails to
comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or
is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to
the County, including all applicable interest and penalties. The subject lot is presently owned by
CDJ Investments, LLC, 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 East 150' of Tract 40,
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 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 $19,273,98 in inlpact fees. Although it is expected that
the County will ultimately collect these deferred fees (gencrally 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 Chainnan to sign
the attached Lien Agreement for Deferral of 100% of Collier County Impact Fees for Owner
Occupied Affordable Housing Dwelling Units for Marco Bay Homes, LLC and CDJ Investments,
LLC for property located at East 75' of the East 150' of Tract 40, Unit 79, Golden Gate Estates.
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
Rrturntll
Agenda Item No. 16 32
November 13, 2 07
Page 2 f 6
FrnllkRlllllSe)
lIou';llg&lIumall&rviccs
3JOl E. Tllmillmi Trail
fI,'lIplc!kI'"l34112
File# 07-104-IF
This Rpacr. rn.. rccordinR
LIEN AGREEMENT WITH DEYELOJ'ER FOR IlEFERRAL OF 101I'Yo OF
COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORIlABLE
IIOljSING DWELLING UNITS
,... d ~~1!}'M
This Agreement is entered into tIns ~ day of .2007, between Collier County, a
political subdivision of the State of Florida (COUNTY) and Marco Bay Homes, LLC. (BUTLDER)
and CDJ Investments, LLC. (DEVELOPER), collectively stated as the "Parties."
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Patties agree as follows:
1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier COW1ty. Florida. known as "TIle Collier County Consolidated Impact Fee Ordinance"
(Ordin;mce). Tn the event of any conflict \-vith this AgreemenL the 1enns oCthe Ordinance shall
apply.
") Tlle legal description of the dwelling lU1it is attached as Exhibit "A."
-,. The term of this Agreement is from issuance of this Agreement until six (6) months after
issuill1ce of the certificate of occupancy for the d\-velling unit(s).
4. The amount of the impact fees deferred snaIl he paid lO the COUNTY in full upon the sale of
the dwelling uniHs), unless the dwelling units are sold to households meeting the criteria set
forth in the Ordinance, and the impact fees arc duly deferred. As set forth in Exhibit >OR" the
amount of the deferred impact fees is Nineteen Thousand Two Hundred Seven!" Three and
981100 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 uf non-compliance with the Ordinance Of \-vith 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 tien in the public records of the
County. The deferrals of impact fees and lhi;.; Agreement shall runwitll the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned. or otherv.ise
conveyed from. Except as provided by law, regardless of any foreclosure on the first mortgage
or other security interest, this lien shall othcnvise 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 Jit'll 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 DEVELOPI-:R is in deHmlt under the Ordinance or this Agreement, and the
default is not curcd within 30 days after \\Titten 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 I 01:,2-:;; 1JC.
_"_~_~__...__.~.~___."._.____""..~. ~. _ ._"..",..o...~...."............_,~~._.^~"
Agenda Item No. 16
November 13. 2
Page 3
declare that the deferred impact fees are then in ddault 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 inten.:st 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 tJle official 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:
DWtGHT e. BROCK, Clerk
BOARD OF COlll\TY COMMtSS10NERS
COLLIER COUNTY, FLORIDA
By:_
By:
. Deputy Clerk
JAMES COLETlA, Chairman
Witnesses:
YJ/, r\
U~l,\....- (~...Li.-~7~~___
Prinl'Namc~J..t,/, of\. -:-SS€ i'sQfl
--':"""--' )
;J ,r.L.i.-;'./ ',/<--- '-l~-
Print Name 7:y:-~~~~~"", r '~~L
BUILDER_ Marco Bay Homes, LLC
I3Y:'~~i=-Q._.,,=_,~c=-..:.Q,_
Print Name: Don \Vo):..:icchowski
Tille: V->i1"'-(,~': f'~--
STATE OF FLORIDA
COUNTY OF COLLIER ,., ~ ,-, ,
-.., TbcJorcgoing...instrumcnt was acknowledged heforc me this'~~~ day of (.,~=,.+(,Lt(?2007,
by \X~!'\\r-,'{'';_\:::'\(r\..:tt..:.3.:.\:.L<; " Cor Marco Bay IJomcs LLC., who IS personally
1010wn 10 me or-ihas produced _. :>1 ~''''/i? ~_...,{7 \5 L:;c.!.~s'\.-3...-a.<; idenlificati(m.
~~~;~?' , \," ~-- r
('--:;.<'''(J_'<J..:0;" '1 0 \j-::::--r)._"^-,,,)-L~
'--Tsrcriature of No tar\' Public)\ ~-
.-,' \ .:............. c'~. I' \
..4.:::' I/"\ ',~t. ,,/) \
0' \ ,''(, \'(", -, '- "'I n ('t-fL./.....)
lPnnt Name 01 Nbtar) Public)
DE\TL~f'F{( tJ 11m cstmcnts, LLC.
'./ J/
I -..,,\t
" i.------"'....::~------
B\"'~:':------ -...........
.'~
Print Na~lc: \ --r'; / .--- -1"":' J -~ (
Tille: ! ~ C \-'1--/ LjP'.~,-I,~,-:_L{
--;'I:?-l~" <", ".f::.r, l C \
,L'7",-,-, \-..-,-' '-.!\)
\
\ NOTARY PL~UC.STATE OF PWRIDA
" '" ~ <I Barbara J, Sanborn
S r \TE OF l;:::~;~,~::: l.~'.. COmnl\SlO~' DD395195
, _ I ~ Expires: hB. 09, 2009
(OUN f\ OJ- ex::: lIonuedThuAtla:;Ut !looding Co..lnc.
The foregOing JJlstrun~ was .lckn()\\ !edged before me thIS \ ~ cIa) cae...-\.- _ 2n07.
b:~ \?Y^\0....~a<;~c-S-w()"'\- forCDI Imestm.;:nts, I Ie, \\ho IS person,dly
J;nown 10 me or ha, pwduccd as l'kl~um.
[NOTARIAL SEALl ~\-'" ir-J.e/c..MOA)
(Sigl~ature ofNa ry Public) ~. I
.fill Jtc. (PrClC~O
(Print Name oi']\otary Public)
[NOT ARJAL SEAL]
'.Xi P1,jBUC~SlAIL ;..'
'" if Barbara J, 'C.,
'~:"~!lCom.m1&8latl #DL'3~
. "'i'~;' ',I-xp1res: FEB" 0;', :,0,
J '.';~nfie Ho~,;'.' .
~\~~: I r'~ r(~ t
PTl~"amc~ ~~~~~:n~
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~ e"-frv.....pt v' JJ...u:""",,,/'v.
Pnm Name ~2_iAJJ)J.:!'o....LIt_t~ ftN ".Yl
.........~ .....u........_............-...'"
'l.1)W' ~--~~
l"j'. NolerJ'PuIMIc.StlktlFiOridI
;. 'IMyc---.EIIpiIIIIlt4:n._
~;;.~ l' CI'II'/lIIIUIon , DD nSl21
'>."""",,-'
"""'" IlIllI'I:*fTllroulltl"*"-l"""''''
Page 2 of2-3 4fC-
32
07
f6
Recommend approval:
;
j
<,
j
!
Agenda Item No. 16 32
r,ovember ,3, 2 07
Page 4 16
-)
Marcy Kl1lmbille, Director of
I lousing & I-h.unan Services
Page 3 oR 5 1f--
EXHIBIT "A"
AGenda ~:em t'Jo. 1f,}32
~ 1-'JiJV81YiDer 13, 2J(J7
pc;ge E, )f 6
LEGAL DESCRIPTION
Thl' East 75 feet of the East 150 feet of Tract -to, Lillit 79. Golden Cate Estates, 1lCcordin~ to the
phll thereof recorded in Illat Hook 5, })age 17, of the Public Records of Collier Count)'. Florida.
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fec
Amount Owed
1\.. EMS Impact rec
$100.59
B. Correctional Fncilities Impact Fee
$112,68
C. Library Impact Fcc
$460.23
D. Community Parks Impact Fcc
S935.00
E. 1-~cgiL1nill Parks r mpact Fcc
$2.06S.00
F. Educational Facilities Syslem Impact fec
S;8.~28_00
G. Road lmpact Fee
SfdS').O(l
H. Govcmmem Buildings Impact Fcc
S725.00
1. 1-<1\V Enforcement lmpactFcc
S2g~48
TOTAL IMPACT FEES
SI9.273.98
J.\K Appmved_'_/__
Item Number:
Item Summary:
Meeting Date:
P<:lge 1 of 1
Agenda Item Ne,_ 1ce:;2
November 13, ;::'U07
F'aqe 6 u16
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16C32
Re~ommelldatJon that the Board of County Commissioners approves and authorizes the
Cl,airrnan to sign, a lien flgreel11ent w,tr1 Marco Bay Hornes, LLC (BUtLDER) and CDJ
Irwestments, lLC (DEVELOPER) tor deferral of 1QO'~", of Collier County Impact jees tm an
owner,occupled affordable housil1g unit located;;!! Cast 7') ol lt1e East 15CofTr<>c140 Unit
79, GolrJ€w Gate Estates
11i13!200~ '" 0000 iC,M
Dale
Prepared By
Frank Ramsey
PublicSenlices
SHIP Program Coordinator
Housing ~nd Human Se,,,ic..s
10i25/200711:11:1BAM
Dale
Approved By
Marcy Krumb;ne
Publi,Servicell
Director
Housing & Human Services
10!26120079:S2AM
Date
Approved By
JeffKlatzkow
COll"t\, Attorney
Assistant County Attorney
Count)' Attorney Office
10.'29.120073,07 PM
Date
Approved By
Marla Ramsey
PublicServiees
PUl,lic S""vicesAdnlinistrator
Public S('rvices Aurnin
1C!30i200711A5AM
Date
ApprllvedBy
OMS Coordlllator
AdministrativeSer,dces
Applic<>t,en", An~iyst
lr1k'rmttitHITeci'nology
l1i1r200~ 11c15AM
Dale
Approved By
Marklsllcks(>n
Counly Manager's Office
Budget I,,,alyst
Offrce 0; t,A;ma9"'1'1'"nl' & Budget
";212D074'4I, PM
Dnle
Approved By
James V, Mudd
Board of County
Commissioners
County1\-'lIn<>ger
County Manager's mtlec
11!5i20078:08PM
file://C:\Al'!ennaTest\F:xnnrt\92-Nnvemher%201 i %2fl70fl7\ III %70C()NSFNT%70AGFN
11/7/7.007
Agenda Item No. 16033
November 13, 2007
Page 1 of 25
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves, and authorizes its
Chairman to sign, a Sub recipient Agreement providing Disaster Recovery Initiative (DR!)
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 Hatcher's Preserve, intended for low income, first time homebuyers and families
displaced by Hurricane Wilma.
OBJECTIVE: That the Board of County Commissioners approves Disaster Recovery Initiative
(DR!) funding in fhe amount of $374,545.00 to The Empowerment Alliance of Soufhwest
Florida (EASF). The EASF proposes to construct 15 single-family homes in ImmokaJee for a
project to be known as Hatcher's Prescrve, which will benefit low income, first time
homebuyers, and families displaced by Hurricane Wilma, who are U.S. citizens or legal aliens
and meet the HUD Income Guidelines, The DRI funding will be used for infrastructure to
support construction of the housing units.
CONSIDERATIONS: Funding in the amount $374,545.00 has been awarded for fhe purpose
of providing infrastructure to support fhe 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 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 fhe amount of $374,545.00 to The Empowennent Alliance of Southwest Florida, Inc.,
for infrastructure. No gencral funds will be used for these projects.
GROWTH MANAGEMENT IMPACT: The proposed grant to The Empowerment Alliance
of Southwest Florida, Inc., will benefit the low-income residents of Immokalee, which is
consistent with fhe Growth Management Plan.
LEGAL CONSIDERATIONS: The proposed Agreement is a standard HUD/Community
Development Block Grant (CDBG) subrecipient agreement fon11 in use in Collier County since
2001.- lA.K.
RECOMMENDATION: That the Board of County Commissioners approves, and authorizes
its Chairman to sign, a Subrecipient Agreement providing a $374,545.00 grant to The
Empowerment Alliance of Southwest FIOlida, Inc., to be used for infrastructure in the
construction of 15 single-family homes in Hatcher's Preserve, 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 ['0. 16033
November 13, 2007
Page 2 of 25
AGREEMENT BETWEEN COLLIER COUNTY
AND
EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA
HATCHER'S PRESERVE
Florida Administrative Code 9BER06-l
CFDA # 14.228
THIS AGREEMENT, is made and entered into 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, Immokalee FL 34142 and its Federal Tax
Identification number as 59-3682139, hereinafter referred to as "SUBRECIPIENT", effective May 23,2007.
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 SUBRECIPIENT 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
by the Parties as follows:
Empowerment Alliance of Southwest t londa
Hatcher's Preserve Page 1 of23
Agenda Item No. 16033
November 13. 2007
Page 3 of 25
I. DEFINITIONS
(1) "COUNTY" means Collier County, and where applicable, it's aufhorized 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 offhe 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) "DR!" 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 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. TIME OF PERFORMANCE
The effective date of this Agreement and all rights and duties designated hereunder are contingent upon fhe
timely release 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
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 April 30, 2009. _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 VlII 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 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 project
V. NOTICES
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., 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 SUB RECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part
570 of the Housing and Urban Development regulations conceming 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
ofherwise 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. SUBRECIPIENT acknowledges that it will adhere to all applicable State and Federal laws and
regulations;
3. SUBRECIPIENT acknowledges that fhe Florida Depaltment 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. IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED 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. STATE AND FEDERAL RULES. REGULATIONS AND
LAWS
During the performance of fhe Agreement, the SUBRECIPIENT agrees to comply wifh 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
Community Development Block Grant funds.
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goveming the expenditure of
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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 fhe 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 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
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 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. 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.
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Agenda Itern No. 16033
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Page 6 of 25
18. Revised Order Number 4 - Regulations that establish guidelines for fhe
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
Procedures. These replace OMB Circular A-I02, This subpart includes 24 CFR
570.502.
26.0MB Circular A-133 - conceming 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-1l0 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-102 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 fhe
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 parent, legal
custodian, caregiver, or other person responsible for the child's welfare, as defined in
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Agenda It~~m ~~o. 16D .j
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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 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 agencies.
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
Agreement and applicable County, State, and Federal guidelines and regulations. Prior to
execution by the SUB RECIPIENT 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 ProgralTI 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 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. Any modifications to this contract shall be in compliance with the
County Purchasing Policy and Administrative Procedures in effect at the time such
modifications are authorized.
E. INDEMNIFICA nON
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
attomey's fees and costs, whether at trial or appellate levels or otherwise, arising during the
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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 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 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 A6'Teement shall be retumed
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 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 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. TERMINA TION 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, thc 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 HUD or DCA specifies,
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Agenda Item No. 16033
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Page 9 of 25
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 Florida
Statutes 9 768.28 and $2,000,000 per accident for federal and outside Florida litigation per
Florida Statutes 9 768.28. Coverage shall not contain any endorsement excluding Contractual
Liability or Cross Liability unless granted by the County's Risk Management Department. The
SUBREClPIENT 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 9 768.28 and $2,000,000 per accident for federal and outside Florida litigation per
Florida Statutes 9 768.28 for all owned, non-owned and hired automobiles. The
SUBREClPlENT 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
SUBREClPIENT shall agree to be fully responsible for any deductibles, self-insured retention
or uncovered losses. The SUBREClPlENT agrees this coverage shall be provided on a primary
basis.
3, ADDITIONAL INSURED
The SUBRECIPlENT 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 & Human Services Department". The
SUBRECIPlENT 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 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 SUBRECIPlENT 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.
Empowerment AllIance 01 Southwest r londa
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Agenja Item ~Jo. 16DJ3
November 13. 2007
Page 10 of:'5
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 REOUIREMENTS
A. FINANCIAL MANAGEMENT
The SUBRECIPIENT agrees to comply with OMB Circular A -110 (Unifom1 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. DOCUMENTATION AND RECORD - KEEPING
1. The SUB RECIPIENT 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 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 SUBRECIPIENT 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 SUB RECIPIENT 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 Pm 84, and 24 CFR Part 85, which are
incorporated herein by reference,
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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. DCA. AND HUD
REQUIREMENTS
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, 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 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 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
(f) All rates of pay and pay increases paid out of DR I 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, BUD, or
the Comptroller General of the United States may deem necessary, there shall be made
available by the SUBRECIPIENT to HHS, the CQUNTY, DCA, BUD, 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 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-II0 (Uniform Administrative Requirement for Federal Grants), A-122 (Cost
Principles for Non-Profit Organizations), A-133 (Audits of State, Local Govenunents, 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 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 bome by the SUBRECIPIENT, In the event the SUBRECIPIENT is
exempt from having an audit conducted under A-133 (Audits of State, Local Govemments, and
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Agenda Item No. 16033
November 13, 2007
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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 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 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,
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 retum 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 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.
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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 SUB RECIPIENT 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 tem1S of this
Agreement, comparisons of planned versus actual pr06'Tess relating to project scheduling,
budgets, audit reports, and output measures. The SUBRECIPIENT agrees to fumish 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, the COUNTY or HUD on forms approved by HHS to enable HHS to
evaluate said progress 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 detem1ined by HHS or HUD.
E. CONFLICT OF I"fTEREST
The SUBRECIPIENT covenants that no person who presently exercises any functions or
responsibilities in cOlmection 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 perfom1ance 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 para6'Taph 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 perfom1ing 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
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Agenda Item No. 16033
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maintained by the State of Florida Department of Management Services wifhin the 36 monfhs
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, fhe 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 shall require that the language of this certification be included in the
award documents for all sub awards at all tiers (including subcontracts, sub grants, and
contracts under grants, loans, and cooperative Agreements) and that all
SUB RECIPIENTS shall certify and disclose 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
Empowerment AIltance ot Southwest ]; londa
Hatcher's Preserve
Page 13 of23
Agenda Item No. 16033
November 13. 2007
Page 15 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 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 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 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 wifh 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.
Empowerment Alltance ot Southwest t londa
Hatcher's Preserve
Page 14 of23
Agenda Iterr, ['Jo. 16D33
November i 3. 2007
Page 16 of25
XII. 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 570.2000) 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 Subgrantee 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 ot Southwest Honda
Hatcher's Preserve
Page 15 of23
Agenda iterL~, t'Jo. 16033
r\jUP2iTiDer "13. 2007
Page i7 of 25
XV, ENTIRE UNDERSTANDING
This Agreement and its provisions mcrge any prior agreements, if any, between the pmties hercto and
constitutes the entire understanding. The parties hereby acknowledge that thcre have been and are no
representations, warranties, covenants, or undertakings othcr than those expressly set forth herein.
WfTNESS THEREOF, the partics hcreto have causcd this 23 page agreement to be executed by their
undersigned ot1icials as duly authorized effective the 23'" day of May, 2007.
(SUBRECIPIENT SEAL)
THE EMPOWERMENT ALLIANCE OF SW
FLORIDA COMMUNITY DEVELOPMENT
CO~PO}~TIO, E~SF~/ ./
. '-...-/' / ://4 /
/'~..~_~/ . _~ /..4,,'/>/' .-<
~ --C >:?~,'>/._//;::;;" /'. ~~
/ . . ----;..-:/-:-~? // / /< ~."/ f ....-
By>~"~_./-;r ~ >,.. .//'L..c '.: ../.- ./ ,,/
.--. ,,' ._' '-' '." <-. '.~. '- ~ .A' .'-",
EDWARD R. OLESKY, CHAIRM,\N
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLUER COUNTY, FLORIDA
By:
Patricia Morgan, Dcputy Clerk
BY
JAMES COLETTA, CHAIRMAN
APpro~ed i~l to . onn and
legal sufftf:' "'-
--t!;. 1,/ r-
..~
, ,
.teffrey Pc. Klatzkow
Managing Assistant County Attorney
) ; \
, .,
.~
Empowennent Alliance 01 Southwest } londa
Hatcher's Preserve
Pagel60f23
Agenda Item No. 16033
November 13. 2007
Page 18 of 25
EXHIBIT "A"
SCOPE OF SERVICES
Empowerment Alliance of Southwest 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 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. 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 SUB RECIPIENT 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 SUBRECIPIENT shall not request reimbursement from HHS for materials or equipment
received and stored on the project site or elsewhere. The SUBRECIPIENT shall only request
reimbursement 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 HOO 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 ot Southwest t londa
Hatcher's Preserve
Page 17 of23
~-'-----'~'---~
c.
Agard:::: Itsm r-Jo. ': EiD23
r'Jov8iT:Der 13. 2007
Page 19 of 25
Posting of visible signage at fhe work site identifying fhe funding source(s) as mcntioned 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 fhe SUBRECIPIENT's compliance with the above.
BUDGET: Hatchers Preserve
Line Item:
Land Acquisition
Site Work
Infrastructure
Landscaping, potable water distribution,
Storm drainage, wastewater collection,
Paving, earthwork, site prep
Administrative/project costs
covered under CFR 570 Subpart
C and J.
Subtotal Infrastructure
Construction
Architectural design/Engineering
Other
TOTAL PROJECT COSTS
DRI Funds
Ofher
$ 272,000
$ 374,000
$ 59,001
$337,545
$37,000
$
$
$ 59,001
$ 2,145,000
$ 75,000
$ 300,055
$3,599,601
$374,545
D. STAFFING: Provide list of staff directly responsible for reporting and request for payment processing.
E. BONDING REQUIREMENTS: The SUBRECIPIENT shall comply wifh the requirements of OMB
Circular A-II0 (Uniform Administrative Requirement for Federal Grants) and 24 CFR Part 84 in
regard to any bid guarantees, performance bonds, and payment bonds.
F. FORMER PROJECTS: Failure to adequately maintain any former CDBG/HOME/SHlP funded
project may result in the delay of processing reimbursement requests for ongoing activities or in the
forfeiture of future CDBG/HOME/SHIP/DRl funds.
G. WORK SCHEDULE: The time fran1e for completion of the outlined activities shall be:
Task
Work com letion
End Date
A ril 30 '. 2009
Please Ilote that if allY of these activities exceed the time/illes by two molllhs a revised work schedule
must be submitted to HHS.
H. 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 SUBRECIPlENT is paid with DRl funds, in part or in whole, al1d which is required in
fulfillment of fheir 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 are constructed and occupied.
Empowerment Alliance 01 Southwcst t londa
Hatcher's Preserve Page 18 of 23
Agenda Item No. 16033
November 13. 2007
Page 20 of 25
I. DAVIS-BACON ACT: The SUBRECIPIENT shall rcquest thc County to obtain a Davis-Bacon wage
decision for the project prior to advertising the constmction 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),
J. COMPENSATION: The County shall pay the SUBRECIPIENT for the performance of this
Agreement upon completion or paltial completion of the work tasks as accepted and approved by HHS
pursuant to the submittal of monthly progress reports. Paymcnts shall be made as work progresses, but
not more frequently than once per month. Adherence to the work schedule 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".
Empowerment Alhance of Southwest Flonda
Hatcher's Preserve
Page 19 of23
Agenda Ilem No. 16C33
t~ovelTiber 13, 2007
Page 21 of:'5
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. hnmokalcc. FL 34] 42
Project Name: Hatcher's Preserve
Project No:
DRI 05-02
Payment Request #
Dollar Amount Requested: $
STATUS OF FUNDS
1. Grant Amount A warded
$
374.545.00
2, Sum of Past Claims Paid on this Account
$
3. Total Grant Amount Awarded Lcss Sum
Of Past Claims Paid on this Account
4. Amount of Previous Unpaid Rcqucsts
$
s
5, Amount of To day's Request
s
6. CU1Tent Grant Balance (Initial Grant Amount Awarded
Less Sum of all requests)
$
! certify this request for paymcnt has been drawn in accordance with tbc terms and conditions of the
Agreement between the County and us as the Sub-recipient. I also certify tbat the amount of the Request for
Payment is not in excess of CUlTent nccds,
Signature
Date
Title
Authorizing Grant Coordinator
Supervisor
Dept Director
(approval authority under $ ] 4,999)
(approval required $15,000 and above)
Empowem1ent Alliance 01 Southwest r londa
Hatcher's Preserve
Page 20 of 23
Agenda Item No. 16033
November 13. 2007
Page 22 of 25
EXHIBIT "c"
DRI MONTHL Y PROGRESS REPORT
Complete form for past month and submit to Housing &Human Service's staffby the 1(/" of the following
month.
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, dudng the past month):
2. 'Vhat events/actions are schcduled for the next two months?
3. Describe any affirmative marketing you have implemented regarding this project. Plcase 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.
Empowennent Alltance ot Southwest r londa
Hatcher's Preserve
Page 21 of23
ACjS:iG3 i~erTl t.Jo. -; GD 3
~. NovETnher 1 20 7
Page of 5
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 following page) following page)
7. For projccts that serve a particular clientele, please complete the following infonnation by entering the
appropriate number in the blank spaces and in the ehati below. Complete the below chait for NEW clients
scrvcd this month. DO NOT DUPLICATE clients served in prcvious months. You may provide data by
either households or persons served. However, if une person received T\VO scrvices this counts as TWO
SERV1CE UNITS:
TOTAL BENEF1CIARIES
This project benefits households or persons. Please circle one category (either "households" or
"persons"). Enter the numher of beneficiaries in the blank space and in box" 1. "
INCOME
Of the households or persons assisted, _._. are extrcmcly low-income income (0-30%) of the CU1Tent
Median Family Income (MFI). Enter this number in hox "2. "
Of the households or persons assisted, .______ arc vcry low-income (31-50%) of the CUlTent Median
Family Income (MFI). Enter this numher in box "3. "
Ofthese households or persons assisted,
Income (MFI). Enter this number in box "4. "
are low-income (51-80%) of the cun'ent Median Family
NOTE: The total of boxes 2, 3 alld 4 should equal the Ilumber ill box I.
FEMALE HEAD OF HOUSEHOLD
This project assisted ___ Female Head of Households REGARDLESS of income. Ellter this numher
in box "5" below.
BOX I BOX 2 BOX] BOX 4 [lOX 5
Total Numher of Extremely Very Low 1\1(:om~ Fem<l]e H~ad of
Households or Persons I.ow Income Low Income (51-80%) Household
Assisted
(0-30%,) (31-50"/u)
i I
Empowennent Alliance ot Southwest Flonda
Hatcher's Preserve
Page 22 of 23
Agenda Item No. 16033
r~ovember 13, 2007
Page 24 of 25
-.- Subrecipients must indicate total beneficiaries for Race AND Ethnicitv
Definitions of Race:
1, White: A pcrson 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 ofthe 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 i # Hispanic
I
White
---"~'-^'~
J31ack or Ail'lean American
Asian
American Indian or Alaskan Native
-
Native Hawaiian or Other Pacitic Islander
American Indian/Alaska Native and White
Asian and White
Black/African American and While
American Indian/Alaskan Native and Black! African American
Other Multi-Racial
TOT AL:
Empowerment Alltance ot Southwest FlOrida
Hatcher's Preserve
Page 23 of 23
Item Number:
Item Summary:
Meeting Date:
Page 1 of 1
Aqenda 11iO-;r, iiO
- !'lover,' ~_e
F':IQE: ~,~, ( : ~5
COLLIER COUNTY
BOARD OF COU~JTY COMfll:ISSIONERS
15C:,3
ThiS lIem was co~~inuf,d Irom the October::'3 ::'00:- Bee Meetln~ Recommendation that the
BCClr,; D~ County CO'l1'THs~icmers approves wid <\lJtl1mizF's !\S C:13irman Ie s'gn. a
SUiJrfCo'ent Agrc",mE'rl rr:'\iid,n~ Di,ast,c' Re~aVf:ry initcHlve (DC'I) ~u"'d'ng In thE' 3ln;)Ullt of
S374.~,45.GG to The Em,JO',v<,rIl1en1 "lIral'.u, cf ~,oLtl)'^,eS1 ;elDrida, inc.. far infrastructure \0
SLIPSarl C(",slructiur~ of 1 ~ sillg'cAamily r'.l'111eS Iii I"-rnak:-Jlef. to be r,nown as Hmchers
Preoerve irlt'?IOdfO[j tal low inCLlrn€ first 11'11'" no:"',E'Suyef5 Jrct(1lni:,es l;i<spiaced by rlurrlCarJe
'lVdnlll
, I '~:'J:GD;' sac, DO "'.M
Dale
Prepared By
Sandre. rAa-fero
Pub!i, Services
Grants Management Coordmator
Hnusing a. Human Services
1015:20;]742648 PM
Dale
Approv!."d By
Jcf~ Klillzkow
Co",W~,' p,:iorn"y
AssiSlatlt County Atlorlley
COLJntyAttomey Office
101812007 B:2(') AM
Marll"k J_ Foord
(,rant',:;oardinalor
Date
Approved By
Anm!l11'-: ,ativeServ;ces
AdmlnJstr,1t,ve Sef'l'Ce5 Admin
1('),IB:2007" 18 AM
Apllrllvl"d By
Milrcyhrumhine
Public "erviGe~
LlI'-('~lor
Ihte
He",ol",; /;. l-h,~nap Services
1C::-.1:;::)07 201 PM
Apriic,11:0,!"t,n"ivst
Date
Approved By
OMBCoordillator
Adm,r,,:.~' .,t,\'e Ser"'~es
Irj',,'''~ll?r; TQcil'wlogy
1,1;':0:~ H'GGf\M
M;;niaf;"" 'sey
DatE'
AppronuNy
Pubhc:-;"",ces
~"ul; I:. Se"JIGe~ ;:'dr:",,,str~tor
PUll;" Serv,eesAdm'n
1111:100~115~ M,9
Appro\'l'u By
LindaE,"st
Adm;n;:' ",t;veService.s
COnt,,,~t,, Agent
DJte
Purcna~"lg
11!1i20G7!"14PM
P"rch~~lngIGen~r,,-1 Svc~ Director
rJate
Appro\'l"u B)'
Stevt' C~rnelt
Admil1i51r~ti'.." Sf',vices
Pure ~1;lS;...g
11/212007 11:15 r.r~
Approved By
Budy,,' "-nalysl
Date
Mark h:lCk ,on
C\lI.m!
Office
O~ficc cfl"ilrlilgetlient&fwdget
11i~i20J7 1\:37 AM
Dnte
Appro\'l'uBy
James V, ,<'-"'ld
8o~rd oj C:ou,..ty
COnlrnjsSI-:>II('rs
Count" Manager
(;ounl\, ~.',~[)~g€'r'", Off,u}
lli6';!OOT 1015AM
lill"" Ilr'l A "l"'n(hTp~tl~vn"rl\Q,)_1\1(",pmh",.-o(~')(l11 o/~ ,rn(){)'7\ 1 {., o/'.')Orn1\I"j:::1\]TQ/~')nAr..f.'1\l
11/7n00'7
~'-'~;;: :-1:,'3 ,i~~.'iTI :\lC1 (';~:~}4
~)\"3:':'::~'er -: 2" 20Cj7
1 of 24
.-
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves, and authorizes
its Chairman to sign, a Sub recipient 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, (0 the City of Naples to fund improvements to the
George Washington Carver and River Park communities and the Fun Time Early
Childhood Academy.
CONSIDERATIONS: Collier County Housing & Human Serviccs Depaltment
proposes a CDBG grant to the City of Naples in the amount of $116.079.00 to be used for
certain improvements within the (jcorge Washington Carver 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 pl3ygrowld equipment at the new Fun Time
Early Childhood Academy facility at 102 12''' Street NOIth; 2) replace or reinforce rip rap
as needed for canals in the Ri\er Park neighhorhood; 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 improvcments.
No general funds will he used f()r thcse 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 whieh is consistent with the Growth Management Plan.
LEGAL CONSIDERA nONS:
HUD/Community Development Block
use in Collier County since 200 t.
The proposed Agreement is a standard
Grant (CDBG) subrecipient agrecment fonn in
-
RECOMMENDA nON: That the Board appmves and authorizes its Chairman to sign a
subrecipient agreement providing as] 16.079.00 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. Depmtment of Housing and Urban
Development (HUD) Community Development Block Grmlt (CDBG) fl1l1ds.
~...:r; <
Prepared by: Sandra MatTero. Grants Management Coordinator
I-lousing and Human Scr\'ices Dcpartment
.
AGREEMENT BETWEEN COLLIER COUNTY
AND
CITY OF NAPLES
RIVER PARK & FUN TIME IMPROVEMENTS
Catalog of Fcderal Domestic Assistance # 14.218
HUD Grant # B-06-UC-12-0016
THIS AGREEMENT, is made and entered by and between Collier County, a political subdivision of the State
of Florida, hcrcinafter rcfcrred to as "COlJNTY", and "THE CITY OF NAPLES.," a private not-for-profit
corporation cxisting under the laws of the State of Florida, having its principal office at 73 5 Eighth Strcct
South Naplcs, Florida 34102-6796, and its Fedcral Tax Identification numbcr as 59-6000382 , hcreinaftcr
refcrred to as "SUBRECIPIENT," effective July 1" 2006.
WHEREAS, the COUNTY has cntcrcd into an agrecmcnt with thc Unitcd States Depmtment of I-lousing and
Urban Development for a grant for thc cxceution and implementation of a Community Dcvelopment Block
(;rant Program in cCliain areas of Collier County. pursuant to Title ] of thc Housing and Community
Development Act of 1974 (as amcndcdi: and
WHEREAS, Pursuant to the aforcsaid agreement COUr\TY is undertaking certain activities to primarily
bencfit low and modnatc incomc persons and neighborhoods and to alternativcly use Community
Development Block Grant (CDBG) fi.mds for: slum or blight trcatment or for an urgent community need; to
improve the quality of life in Collier County by providing infi'astructure 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 C0111tllUnity inlprovements by assessing current conditions and planning long range inlprovenlcnt
programs as described in the Consolidated Plan submission; and
WHEREAS, thc fiscal Year 2006-2007 Consolidated Onc-Ycar Action Plan was developed following the
Collier County Consolidated Plan - Citizen Participation !'lan, adopted on January 9. 2001 and April 25,
2006; and
WHEREAS, The Board of County Commissioners of Collier County approved the Collicr County
Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2006-2007 for the CDBG Program by
CITY Of NAPLES
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Pagc I of21
Rcsolution on April 25, 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 Yeal' 2006-2007 for the CDBG Progran1
and the use ofthc CDBG funds for the activities identificd in the Plan; and
WHEREAS, the COUNTY and the SUBREClPIENT desire to provide the activities specified in Exhibit A of
this Agreement. in accord with thc approvcd Annual Consolidated Plan; and
WHEREAS, thc COU"lTY desires to cngage thc Sl'BRECIPIE'\'T to implcment such undcltakings of the
Community Development Block Grant (CDBO) Program as a valid and wOlthwhile County pnrposes.
NO\V, THERF:FORE, in consideration of the mutual promises and covenanls herein elll1lained. it is agrced
by the Patties as j(lllo\\'s:
I. DFFI!'\ITIONS
(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) "HIiS" means thc Housing and llllman Services Department 0[" Collier County.
(4) "SUBRECIPIENT" means THE CITY OF NAPLES.
(5) "I filS Approval" means the written approval of the Housing and I.l11l11an Services Department
or designee.
(6) "HUD" means the Secretary of the U.S. Depattment of Housing and Urban Development or a
person authorized to act on its behalf
(7) "Low and moderatc income persons" means the deiinition set by HUD.
(8) "Projeet" means the work contemplated to be pcrlcmned as set forth in [,xhibit "X'.
II. SCOPE OF SERVICES
The SUBRECIPIE"lT shall, in a satisfactory and proper manner. as determined by HHS, perform thc tasks
nccessary to conduct thc program outlined in Exhibit "A" and shall submit each request Ie)!' reimbursement
using Exhibit "B" along with the monthlv submission of Exhibit "c." all of which arc attachcd hcreto and
mad~ a part hercof. " -
IlL TIME OF PERFORMANCE
The effective date of this Agreement and all rights and duties dcsignatcd hercunder are contingcnt upon the
CITY OF NAPLES
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Page20f21
'.;.J ,'._
c,; ,)U'
. :J,2.:1
timely release o[funds for this projcct by BUD under Grant No, B-06-UC-12-00J6. The effective date shall
be the latest date of execution of this Agreement, and the scrvices of the SUBRECIPIENT shall be undeltaken
and completed in light of the purposcs of this Agreement. In allY evcnt, all scrviccs rcquircd hcrcundcr shall be
completed by the SUBRECIPIENT prior to June 15.2008 Any funds not obligated by the expiration date of
this Agrcement shall automatically revelt to the COUNTY, as set forth in PaIt VIII I' (e), and Patt VIII H
bclow.
IV. CONSIDERA.TION AND LIMITATION OF COSTS
The SUBRECIPIENT shall be paid by the COUNTY for allowable costs, dctermined by COUNTY, in an
amount not to exceed $111i.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 procedurc acceptable to the COUNTY and federal requirements. The
SUBRECIPIENT shall cnter into contract for improvements with the lowest responsive and rcsponsible
biddcr. Contract administration shall be handled by the SUBRECIPIEI\T and monitorcd by the COUNTY,
which shall have access to all records and documcnts related to thc projcct.
V. NOT]CES
All notices rcquired to bc givcn undcr this Agrccment shall bc sufficient whcn dclivcred to HHS at its office,
presently located at ]050 North Horseshoc Drivc, Suitc 110, Naples, rtorida ]4104, and to the
SUB RECIPIENT when delivered to its office at the addrcss listed on page one (1101' this Agrccmcnt.
VI. SPECIAL CONDITIONS
Thc SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Fedcral Regulations, Pali
570 of the Housing and Urban Development regulations concerning Community Development Dlock Grants
(CDBG) and all fedcral rcgulations and policics issucd pursuant to thcsc regulations, Thc SUBRECIPIENT
furthcr agrees to utilizc funds available under this Agreemcnt to supplemcnt rather than supplant funds
otherwise available felr specificd activities.
VII. GENERAL CONDITIONS
A, IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES
The SUBRECII'IENT shall implement this Agreement in accordance with applicable Federal,
State. and County laws, ordinances and codes and with the procedures outlined in lIllS'
Polieics atld Procedures memoranda. The Federal, Stale. and Countv laws. ordinances and
codes are minimal regulations supplemented hy more restrictive guidC'lines set forth hy HHS.
No payments will bc made until approved by the HHS Dcpartment or dcsignee.
Should a project receive additional funding after the commencemcnt of this Agreemcnt, thc
S UBRECIPlENT shall notify HITS in "'Titing within thilty (30) days of receiving notification
from the funding source and submit a cost allocation plan for approval by the HI-lS Depattment
or designee within forty-five (45) days of said official notification.
B. COMPLIANCE WITH LOCAL AND FEDERAL RULES. REGULATIONS AND LA WS
During the performance of thc Agreement, the SUBRECIPIENT agrees to comply with any
CITY OF NAPLES
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Page]of21
applicable laws, regulations and orders listed below which by reference are incorporated and
made a part hereof. The SUBRECIPIENT further agrces to abide by all other applicable laws,
I. 24 CFR Part 570, as amended - The regulations governing the expenditure of
Community Dcvclopmcnt Block Grant funds.
'}
3.
4,
5.
6.
24 CFR Part 58 - The regulations prescribing the Environmental Review proccdurc.
36 CFR Part 800 - The rcgulations outlining the procedurcs for thc protcction of
historic and cultural propclties.
24 CFR Part I - The regulations promulgated pursuant to Titlc VI of the 1984 Civil
Rights Act.
24 eFR Part 107 - The rcgulations issued pursuant to Executive Ordcr 11063 which
prohibits discrimination and promotes equal opportunity in housing.
Executive Order 11246, as amended hy Executive Orders 11375 and 12086 - which
establishes hiring goals for minorities and women on projl'cts assisted with federal
funds.
7.
Title VII of thc 1968 Ch'il Rights Aet as amendcd by the F,qual Emplo)'llIcnt
Opportunity Act of 1972 - which prohibits discrimin8tioll in employment.
8
24 CFR 135 - Regulations outlining requirements of Section J of the Housing and
Urban Development Act of 1968, as amended.
9.
Agc Discrimination Act of 1973
10.
National Flood Tnsurancc Act of 1968
11.
24 CFR Part 130 - Regulations that prohibit discrimination in employmcnt in fedcrally
assisted construction contracts.
11.
40 eFR Part 15 - Rcgulations relating to the applicability of the Clean Air and Waler
Pollution Acts.
13.
Contract Work - Hours and Safety Standards Act
14.
Lead Based Paint Poisoning Preventiyc Act
15.
Section 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 prescribe the payment of prevailing
wages and the usc of apprcntices and trainccs on fcderally assisted projects as mandated
CITY OF 1\APLES
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Page 4 of1l
20.
21.
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24.
'r_'Y t. i~
.-:G.~';7
~): ~'-i
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 I] 375 and
12086.
19.
Executive Order 11914 - Prohibits discrimination with respect to the handicapped in
federally assisted projects.
Executive Order 11625 and U.S. Department of Housing and Urban Development
Circular Letter 79-45 - which prescribes goal percentages for patiicipation of minority
businesses in Community Development Block Grant Contracts.
29 CFR Part 3 - Thc Copeland Anti-Kickback Act (i 8 U.S.c. 874 and 40 U.S.c.
276c), which deals with employee forfeiturc of compensation by force.
Florida Statutes, Chapter 112 - which deals with conflict of interest.
HUD - required repol1s. circulars. and procedures, such as the Grantee Performance
Rcport.
Public Law] 00-430 - the Fair J Jousing Amendments Act of 1988.
25. 24 CFR 570, Subpart .J - regulations covering standard Grant Adnlinistration
Procedures. These rcplaec 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 ] 00-202 - which restricts thc awarding of public works
contracts to tirms from forcign countrics with unfair tradc practices.
29. 24 eFR Part 84 - OMB Circular A-IIO Coditied in the Uniform Administrative
Requirements for Grants and /\grcc111cnts With Institutions of Higher Education,
I Iospitals and Other Non-Profit Organizations.
30. 24 eFR Part 85- OMB Circular A-I02 C"diJJcd in the Uniform Administrativc
Rcquircmcnts for Grants and Agreements to State and Local Governments.
C. SUBCONTRACTS
Any work or services subcontracted by the SUBRECIPlENT shall be specifically by written
contract or agreemcnt, and such subcontracts shall be subject to each provision of this
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Agreement and applicable County, State, and Federal guidelincs and rcgulations. Prior to
execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be
submitted by the SUBRECJPIENT to HHS for its rcvicw and approval, which will specifically
include a determination of compliance with the terms of the attached Work Program set forth
in Exhibit "A."
This rcvicw also includes ensuring that all consultant contracts and fee schedules meet the
minimum standards as established by the Collier County Purchasing Department and \IUD.
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 pcrflmning 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 Agreemcnt, including but not limited to
consultant work or services. shall be subcontracted by the SUBRECIPIENT or reimbursed by
the COUNTY without prior written approval ofl-IIlS or his designee.
D. AMENDMENTS
The COU\TY may, at its discrction. amend this Agreement to conform to changes rcquircd bv
Fcdcral. State. County. or HUD l!uidclincs. directives, and objectives. Such amendments shall
he incorporated hy \;Titten ame,;dmenl 'lS a part of this Agi'cement and shall bc subject to
approval of the C01..i:\TY. Any modifications to this contract shall be in compliance with the
County rurchasin~ Policy /\nd Administrative Pwcedures in effect at the time such
modifIcations are a'Uthori/.c.cl.
P tNDEMNIFICATION
The SUBRECIPILNT shall protect, defend. reimburse, indemnify and hold the COl"NTY. its
agents, its employees and c1ected officcrs harmless !i'om and against any and all claims,
liability, expense, loss, cost, damages or causcs of action of every kind or character, including
attorney's fees and costs, whether at trial or appellate leycls or otherwise, arising during the
performance of the terms of this Agreement, or due to the acts or omissions of the
SUBRECIPI~:NT.
SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or pOl1ion or
applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIE~T
will hold the COUNTY harmless and will indemnify the COUNTY for funds. which the
COUNTY is obliuatcd to refund the Federal Goyernment arising out of the conduct ofactivitics
and administration of Sl iBREC!PIFNT. ~
F. GR/\f{(EE RECOG'-lI1:!.\:2!'i
All Llcilities 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. thc SUBRECll'IE1\T will make
a good faith effort to recognize HHS supP01i for all activities made possible with funds made
available under this Agreement. Thc SUBREC1PIFNT will mount a tcmporary construction
sign for projects funded by I IflS. 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 'XS., plywood back
pancl and other conventional construction materials andmclhods.
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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, repOJis 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 ofthc Contract by the SUBRECIPIENT, and the COUNTY may witWlOld any payment
to the SUB RECIPIENT 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 fulfill in timcly and propcr manner its obligations
under this Agreemcnt, or if either pmiy shall violate any of the covenants, agreements, or
stipulations of this Agrccmcnt, eithcr party shall thereupon have the right to terminate this
Agreement in whole or part by giving writtcn notice of such termination to the other party and
specifying therein the effective date of tcrmination.
2. TERMrNATION FOR CONVENIENCE
At any time during the term of this Agrcemcnl. eithcr party may, at its option and for any
reason, tenninatc this Agreement upon ten (10) working days written notice to thc other party.
Upon termination, the COUNTY shall pay thc SUBRECIPlE1\T for scrvices rcndcred pursuant
to this Agrcemcnt through and including the datc of termination.
3. TERMINAT10N D\ 1J;.TO CESSATION
In the event the grant to thc COUNTY under Title I of the Housing and Community
Dcvclopmcnt Act of 1974 (as amended) is suspended or terminated. this Agreement shall be
suspended or terminated effectivc on the elate that HUD specifies.
H. INSURANCE
The SUBRECIPlENT agrees this covcrage shall be providcd on a primary basis.
1. COMMERCIAL GENERAL LIABILITY
The SUBRECIPIENT shall agrcc to maintain Commercial General Liability at a limit of
liability not less than $100,000 per person and $200,000 pcr aecidcnt/occurrence per Florida
Statutes 9 768.28 and $2,000,000 per accident for federal and outside Florida litigation pcr
Florida Statutes 9 768.2S. Coverage shall not contain any endorsement cxcluding Contractual
Liahility or Cross Liability unless granted by the County's Risk Management Depmiment. The
SUBRECIPIE"JT agrees this coverage shall be provided on a primary basis.
2. BUSINESS AUTOMOBILE LIABILITY
The SUBREClPIENT shall agree to maintain Business Automobilc Liability at a limit of
liability not less than $ 1 00,000 per person and $200,000 per accident/occulTence per Florida
Statutcs ~ 768.28 and $2.000,000 per accident for federal and outside Florida litigation per
florida Statutes ~ 768.28 for all owned, non-owned and hired automobiles. The
SUBRECIPIENT shall agrce to maintain physical damage coverage for a period not less than
10 years with deductiblcs not cxcceding $1000 for Comprehensive and Collision. Collicr
CITY OF NAPLES
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~
v _
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-insurcd retention
or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary
basis.
3. ADDITIONAL INSURED
Thc SUBRECIPIENT shall agree to endorse the COUNTY as an Additionallnsurcd with a CG
2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to
the Commercial General Liabilitv. The Additional Insured endorsement shall read "Collicr
Countv Board of Count v Commi~sioners. a Political Subdivision of the State of Florida. ils
Officers. Emplovees, and AQents. c/o HousinQ and Human Services Depatimcnt". Thc
SUB RECIPIENT shall agree the Additional Insured endorsements provide coverage on a
primary basis.
4. CbXI-IFICATE OF INSLRANCE
The SUBRECII'IE",T shall aerce to dclivcr \0 the COU'oJTY a eCl1itlcatels) of insurancc
evidencing the required insura~1ce is in full force and cffcct within thirtv (30) calendar days
prior to the execution of this i\grc'ement bv the COUNTY. A minimum thirty rj(l) day
endeavor to notifv due to cancellation or non-renewal of eovenlQe shall be included on thc
certificatc! s). . .
" RIGI IT TO REVIEW .\Ni2ADWST
The SUllRl:CIPIENT aerees that the cm :NTY. lw and throu!!h its Purchasine or Risk
J'vlanagemcnt Departmcnt. in cl1llperation \\ ith the ([liS Depam1,cnl. reserves th'C right to
periodically review. modify. reject or acccpt any required policies of insurance. including
limits, covcra!!c's. or endorsements, herein from time to lime throughout the lifc or this
Agreement. TI;" COUNTY rcscrvcs the right. but not the obligation, to'review and reject any
insurcr providing coverage because of its poor tinancial condition or failure to operate legally.
I. INDEPENDENT AGENT AND EMPLOYEES
The SUllREClP1ENT agrees that. in all mallers relating to this Agreement, it will be acting as
an indcpendent agent and that its employees are not Collier County employees and arc not
subject to the COUNTY provisions of the law applicable to County employees relative to
employment. hours of work. rates of compensation, Icave, unemployment compensation and
employee benefits.
Vlll. f\.DMINISTRATIVE REO\:lRFMENTS
A. FINANCIAL MN":;\GI-:MENT
The Sl.1BRECll'IENT agrees to comply \lith OMB Circular A- 11 () (l1nifc)rm Administrative
Requircments for Grants and Agreements with Institutions of Highcr Education, Hospitals and
other Non-Profit Organizations) and agrecs to adhcre to the accounting principles and
procedures required therein, utilizc adequate internal controls. and maintain necessary source
documcntation for all costs incurred.
13. DOCUMENTATION AND RECORD - KEEPING
CITY 010 NAPLES
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=~(i7
J: 24
I. The SUB RECIPIENT shall maintain all records rcquired 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 SUBRECIPIENT at
any timc upon request by the COUNTY or HHS. Upon completion of all work
contemplated under this Agreement copies of all documcnts and records relating to this
Agreement shall be surrendered to HHS if requested. In any event the SUBREClPIENT
shall keep all documcnts and records for three (3) years after expiration of this
Agrecnlent.
3. The SUBRECIPlENT shall submit repOlis as required to assist the COUNTY in the
prcparation of HUD Labor Relations, WBE!!\1BE, Equal Opportunity Employment, and
\-IUD Section 3 repOlis, pursuant to 24 CFR 570.502,507, and 92 (3)(vi).
4. SUBRECIPIENT shull submit monthly bcncflciary reports to Housing &.. Human
Services using Exhibit "Coo.
5 The SUBRECIPIENT shall maintain records showing compliance with the Davis-
Bacon Law, including tiles containing contractor payrolls, employee interviews, Davis-
Bacon wage rates, and administrative cross-refcrcneing. SUBRECIPlENT shall
maintain records sho\ving contractor compliance \vith the Contract Vv'ork nours and
Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing
compliance with Ccderal purchasing rcquircments und with other federal requirements
for grant implementation.
C. I'URCIIASING
i\l1 purchasing for serviccs and goods. including capital cquipment, shall be made by purchase
order or by a written contract and in conformity with the procedures prescribed by the Federal
Management Circulars A- II 0, A-122, 24 CPR Part 84, and 24 CFR Part 85, which are
incorporatcd herein by rcfcrcncc.
D. REPORTS, AIJDITS. A)\![) EVALUATIONS
Reimbursement will be contingent on the timely receipt of complete and accurate repOlis
required by this Agreement. and on the resolution of monitoring or audit Endings identified
pursuant to this Agreement.
E. ADDITIONAL HOUSING &.. HUMAN SERVICES. COUNTY. AND HUD
REQUIREMENTS
HHS shall have the right under this '\grcemcnt to suspend or terminate rcimbursement until the
SUB RECIPIENT complies with any additional conditions that may be imposed by HHS, the
COUC\TTY, or BUD at any time.
F. PRIOR WRITTEN APPROVALS-SUMMARY
CITY OF NAPLES
River Park & Fun Time Improvements
Page 9 01'21
The following activities rcquirc the prior writtcn approval of the HHS Depmiment or designee
in order to be eligible for reimbursement.
(a) All subcontracts and agrcemcnts proposcd to be entered into by the SUB RECIPIENT
pursuant to this Agreement;
(b) All capital equipment expenditures of $1 ,000 or more;
(c) All Ollt-of-town travcl: (travel shall bc reimburscd in aecordat1ce with Florida Statutcs,
Chapter 112.(61);
(d) All change orders; and
(c) All requests to utilize uncommitted funds after the expiration of this agrccment for
programs dcscribed in Exhibit A, and
(t) All rates of pay and pay increases paid out of CDBG funds, whether for mcrit or cost of
living.
G. AUDITS AND INSPECTIONS
At any time during normal business hours and as often as HHS. the COliNTY, HUD. or the
Comptroller General of the United States may deem necessary, there shall be made available by
the SUBRFC[J)IENT to III IS. thc COUNTY. lIUi). or the Comptroller General tell'
examination all its records with respect 10 all l1latlers covered by this Agreement.
The SUBRLCIPIE:\T af2recs \0 comply with the provisions ofthc Sinf2le Audit Act of ] 984. as
amended. as it pertains to lhis Agreement and ZlIlY subcontmclS entered into under this
Af2reement. This wi]1 require the Sl'BKLCll'lENT to submit a single audit. including any
management letter. made in accordance with the gcneral program requirements of 01\113
Circulars A-IIO (l'niiclI"!l1 Administrative Requiremcnt Ic)r Federal Grants). A-I22 (Cost
Principles lor ''';on-Prolit Organizations). A- ] ~~ (Audits of" State, Local Governments. and
r\on-Proi~t Organizations). and other appiicab1c regulations \vithin one hundred and eighty
(I SO) days after thc end of any fiscal year COIned by this agreement in which Federal funds
from all sources are expended. Said audit shall bc made by a Ceniticd Public /\eeountant of the
SUBRECIPIENT's choosing. The SLBRECIPIENT shall provide sueh audit to IIl-lS. In the
event the SUBREClPIENT anticipatcs a dclay in producing such audit or audited financial
statemcnts, the SUB RECIPIENT shall request an extension in advance of the deadline. Thc
cost of said audit shall be borne by the SUBREClPIENT. In the event the SUBRECIPIENT is
exempt tJ-om having an audit conducted under A-I ~3 (Audits of State, Local Governments, and
Non-Profit Organizations). the COUNTY reserves the right to require submission of audited
linancial statements and/or to conduct a "Iimited scope audit" of the SUI3RECIPIE,\;T as
defined in A-133. The COl..;NTY will be responsible !"r providing technical assistance to the
SUBRECIPIEN'L as deemed necessary by the COU'\TY.
I I. P~OCiRA!vI-G[]\;ERATED T''';COME
All income earned by the SUB RECIPIENT !i'om activities financed in whole or in part by
funds provided hereunder must be reported to HIlS. Such income would include, but not be
limited to, incomc Jj-om service fees, sale of commodities, and rental or usa~e Ices. The
SU13REClPIENT shall report its plan to utilize such income to III IS, and said plan shall
rcquirc the prior writlcn approval of the IIlIS Department or designee. Accounting and
disbursement of such income shall comply with OMB Circular A-II 0 (UnitcJrln Administrative
Requirement Jar 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) tCll" CD13G
CITY OF 1\;APLES
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Page 10 of21
:>,::
funds may be retained by the Agcncy. Program Income shall be utilized to undertake activitics
spccitied in "Exhibit A" of this Agreement, and all provisions of this Agreemcnt shall apply to
stated activities. Any Program Income on hand at or received by the SUB RECIPIENT or its
sub-contractors aftcr the expiration of this Agreement shall be returned to the COUNTY no
later than thirty (30) days aftcr such cxpiration, subject to any SUBRECIPIENT requests to
utilize uncommitted funds.
I. GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requircments arc
completcd. Activities during this closeout period shall include, but not limitcd to; making final
paymcnts, disposing of program assets (including the return of all unused materials, equipment,
unspent cash advanccs, program incomc balanccs, and rcccivable accounts to thc COUNTY),
and detcrmining the custodianship of records.
IX. OTHER PROGRAM REOUlREME'\'TS
A. OPPORTt:NITIES FOR RESIDENTS AND ClVlL RIGHTS COMPLIANCE
The SLBRECIPlE'iT agrccs that no pcrson shall on the ground of race, colm, disability.
national origin, religion, age, Ltmilial status, or scx be excluded from thc bcnefits of, or be
subjected to, discrimination under any activity carricd out by the perfi)rmance of this
Agreement. Upon rceeipt of cvidenee of such discrimination. the COUNTY shall havc the right
to terminate this Agreement.
To the greatest extent feasible, lower-income residents of the project areas shall be given
opportunities ti,l' training and employment; and to the greatest fcasible cxtent eligible business
conccrns located in or owncd in substantial pati hy pcrsons rcsiding in the project arcas shall bc
awarded contracts in connection with the project. The SUB RECIPIENT shall comply with the
Section 3 Clause of the Housing and Community Developmcnt Act of] '168.
B. OPPORTUNITlES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS
ENTERPRISES
In the procurement of supplies, equipment, construction, or services to implement this
Agreement, thc SUB RECIPIENT shall makc a positive effort to utilize small business and
minority/women-owned business enterpriscs of supplies and scrvices. and provide these
sources the maximum feasible opportunity to competc for contracts to be pertimned pursuant to
this Agreement. To the maximum extent feasible these small business and minorityiwomen-
owncd busincss cntcrpriscs shall hc located in or owncd by residents of thc CDBG areas
dcsignatcd by Collier County in the Annual Consolidated Plan approved hy I-IUD.
C. PROGRAM BEJ\'EF1CfARIES
Atlcast fifty-one percent (51 %) of the beneficiarics of a project fundcd through this Agrecmcnt
must be low- and modcratc- incomc persons. If the project is located in an cntitlement city. as
defincd by HUD, or scrves bene1iciarics countywidc, morc than thirty pcrcent (30%) of the
beneficiarics directly assisted through the use of funds under this Agreement must reside in
unincorporated Collicr County or in municipalities pmiicipating in the County's Urban County
Qualification Program. The project fundcd undcr this Agreement shall assist beneficiaries as
CITY OF NAPLES
River Park & Fun Time Improvements
Pagc II of2l
defined above for the timc period designated in Exhibit A of this Agrccment. The
SUBREClPIENT shall provide written verification of compliance to HHS upon HHS' rcquest.
D. EVALUATION AND MONITORING
Thc SUBRECIPIENT agrees that IJIIS will carry out periodic monitoring and evaluation
activities as determined necessary by HHS or the COUNTY and that the continuation of this
Agreement is depcndent upon satisfactory evaluation conclusions based on the tcrms of this
Agrecmcnt, comparisons of planncd vcrsus actual progrcss relating to projcct scheduling,
budgets, audit reports, and output measures. The SUBREClPlENT agrees to furnish upon
rcqucst to HHS, the COUNTY or the COUNTY's designees and make copies or transcriptions
of such records and information, as is detcrmined necessary by HHS or the COUNTY. The
SUBREClPIFNT shall, upon thc requcst of J1]-IS, submit information and status rcpolls
rcquircd by HHS, thc COljNTY or HUD on forms approvcd by [II-IS to cnable HHS to
evaluate said progress and to allow for eomplction of rcpmis rcquired of llllS by HUD. Thc
SUBRECIPIENT shall allow ITIIS or IIUD to monitor the SUBRECIPlENT on site. Such site
visits may bc schcdulcd or unschcduled as determined by I-II-IS or HUD.
E. CONFLICT OF INTEREST
The SUBRFCIPIENT covenants that no pcrson who presently exercises any functions or
responsibilities in connection with the Project. he" anv pcrsonal financial interest, dircct or
indirect in the target areas or 1111)/ parcels thcH.:in. \vhich would cont1ict in any manner or
degree with the performance of this Agreement and that no person having any conniet of
interest shall be empJoved by or subcontracted by the Sl1BRECIpIENT, Any possible conflict
of interest on the pal1 of the Sl fl3RECIPIENT or its employees shall be disclosed in writing to
HHS provided, howcver. that this paragraph shall be interpret cd in such a manner so as not to
unreasonably impede the statutory requirement that maximum opportunity be provided jelt'
employment of and participation or iow and moderate-income residcnts of the pro.jcct target
area.
F. PUBLIC ENTITY CRIMES
As provided in F.S. 287.]:13 by entering into this Agreement or performing any work in
fUliherance hereof, the SUBREClPIENT cel1ities that it, its at1iliates, suppliers, subcontractors
and consultants who will perform hercunder. have not bcen placed on the convicted vendor list
maintained by tbe Statc of Florida Department of Managemcnt Services within the :16 months
immediately preceding the datc hereoC. This noticc is rcquired by F.S. 287.13:1 (3 )(a).
G. DRUC,-FREE WORKPl.\CE REQUREMENTS
The SUB RECIPIENT. as a condition of heing awarded. must certify that they will providc
drug-li'ee workplaccs in accordance with the Drug-Frcc Workplacc Act of 1988 (42 USe.
701) and with ]IUD's rules at 24 CFR Part 24. subpart F.
H. CTRTIFlCAT10N RH;;\RD1NG LOBBYIMi
The undersigned certifies, to. the best of his or her knowledge and bclicf that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for innuencing or attempting to influence an officer or
cmployec of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Mcmbcr of Congress in conncction with the awarding of any Federal
CITY OF NAPLES
River Park & Fun Time Improvements
Page12of21
,ci:d2
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 Fcderal 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 officcr or employee of any agency,
a Member of Congress, an officcr or cmployec of Congrcss, or atl cmployee of a
Member of Congress in conncction with this Federal contract, gnmt, loan, or
cooperative agreement, the undersigned shall completc and submit Standard Form-LLL,
"Disclosure Form to RCpOli Lobbying", in accordance with its instructions.
3. The undersigned shall require that the language of this cCliification be included in the
award documcnts tor all subawards at all ticrs (including subcontracts, subgrants, and
contracts undcr grants, loans, and cooperative Agrecmcnts) and that all
SUBREClpfENTS shall certify and disclose accordingly.
I. REi\L PROPERTY
Any rcal property acquired by the SUBRECIPIENT for the purposc of carrying on the projccts
statcd hcrcin, and approved by the COUNTY in accordancc with the Uniiorm Relocation
Assistance and Real PropC11y Acquisition Policics Act of ] 970 and ~9 CFR 24.101, shall be
subject to the provisions of the CDBG Regulations including, but not limited to, the provisions
on usc and disposition of propeliy. Any real property within the SUBRECIPlENT control.
which is acquired or improved in whole or part with CDBG I'unds in excess of $25,000. must
adhere to thc CDBG Regulations at 24 CFR 570.505.
X. ENVIRONMENTAL CONDITIONS
A. AIR AND WATER
The SLJBRECIPIENT, as Subrecipicnt, agrccs to comply with the following rcquirements
insofar as they apply to the performance ofthc Contract:
1. Clean Air Act. 41 U.S.C., 7401, et seq.
2. Federal Watcr Pollution Control Act, as amcndcd, 33 USe. 1251, ct seq., as amcnded,
131& relating to inspection, monitoring, cntry. reports. and information, as well as other
requircments spccitied in said Section 114 and Section 30& (EPA) regulations pursuant
to 40 C.F.R., Part 50, as amended.
8. FLOOD DISASTER pROTECTlQN
In accordance with the requirements of thc Flood Disaster Protcction Act of 1973 (42 USC
4(01), the Subrccipicnt shall assure that for activities located in an area identitied by FEMA as
having special flood hazards, Hood insurancc undcr the National Flood Insurance Program is
obtained and maintained as a condition of financial assistancc for acquisition or construction
purposcs (including rchabilitation). If appropriate. a lctter of map amendment (LOMA) may be
CITY OF NAPLES
River Park & Fun Time Improvements
Page 13 of2l
c
obtain cd from FEMA, which would satisfy this requiremcnt and/or reduce the cost of said Dood
insurance.
e. LEAD-BASED PAINT
The Subrecipient agrees that any construction or rehabilitation of rcsidcntial structures with
assistance provided under this contract shall be subject to HUD Lead-Based Paint Rcgulations
at 24 CrR 570.60S, 24 CFR Pmi 25 and 24 CFR pati 92.355. Such regulations pel1ain to all
HUD-assistcd housing and requirc that all owncrs, prospectivc owncrs, and tcnants of
properties constructed prior to 1978 be properly notified that such propcrties may include Icad-
based paint. Such notification shall point out the hazards of lead-based paint and cxplain thc
symptoms, trcatment and prccautions that should be takcn whcn dcaling with Iead-bascd paint
poisoning and the advisability and availability of blood lead levcl screening for children undcr
scven. Thc notice should also point out that if lead-based paint is found on the propertv.
abatement measures mighl be undertaken.
D. HISTORIC PRESERV.",-"-UO"i
The Subrecipient agrees to comply with the I listoric Presc1"\'ation requirements set IClrth in the
"\ational Historic Preservation Act of 1 966. as amended (16 U .S.e. 470) and the procedures set
lclrth in 36 CFR. Part 800. !\dvisory Council onl-listoric Preservatiun Procedures Ic)r Protection
of Ilistorical Properties. insofar as they apply to the performancc of the Contract. in general.
concurrence fi"om thc State !-listurie Preservation Officer is required for all rehabilitation and
demolition of historic properties that are iitty ycars uld or older or that arc included. on a
Federal. statc, or local historic property list.
Xl. SEVERABILITY OF PROVISIONS
If any provision of this Agreement is hcld invalid, the remainder of this Agrecmcnt shall not be
affected thcreby if such remainder wuuld then continuc to conform to the terms and requirements of
applicable law.
XIJ. RFVERSIO~ OF ASSETS
Upon expiration of the Agreement, the Sl~BREClp1ENT shall trans tel' to the COUNTY an)' CDBG
funds on hand at thc time of expiration, any accounts receivable attributable to the llSC of' CDBG funds,
and any non-expendable personal property that IVas purchased with CDBG funds, :\ny real properly
under SUBREClP1E\lT control that was acquired or improved in whole or in part with CDBG funds in
excess of Twenty-live Thousand Dollars I $25,000) will be cmered by thc regulations 24 crR Part
570.503(8)(8).
XIII. CONDITIONS [OR RELIGIOUS ORGANIZATIONS
CDBG funds may not be used for religious activities or provided 10 primarily rcligious organizations.
24 CFR 570.200G) spccifies the limitations on CDBG funds, and is hcrein incorporated by rcference.
CITY OF NAPLES
River Park & Fun Time Improvements
Page 14 of21
J::?4
XIV. COUNTERPARTS or THE AGREEMENT
This Agreemcnt, consisting of twenty-one (2]) enumerated pages, which include the exhibits
referenced herein, shall be executed in two (2) counterparts, eaeh of whieh shall be deemed to bc atl
original, and such counterpmis will constitute one and thc same instrument.
CITY OF NAPLES
River Park & FUll Time Improvements
Page 15 of21
XV. ENTIRE UNDERSTANDING
This Agreement and its provisions merge any prior agrecments, if any, between the parties hereto and
constitutes the entire understanding. The parties hereby acknowlcdge that there have been and arc no
representations, warranties, covcnants, or undcrtakings other than those cxpressly set i()lth hcrein.
WITNESS THEREOF, the partics hcrcto have caused this 21 page agreement to be executed by their
undersigned officials as duly authorized effective the 1 st day of July, 2006.
BY
CITY OF NAPLES
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(SlJI3RLCIPIENT SEAL!
/\pprlHTcl as in form ;lIld
legal ~,I.ln~cicnc:):
"UELI:T D. ['1(111, CI IV /Ill OR",!',
ATTEST:
BY: /"i//)" '" J/ 'I, ,"i.,...
T ARA,(-N(;~MA~N~ ,CiTY-cl'nz,~
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BOARD OF COUNTY COMMiSSIONERS OF
COLLIER COUNTY, FLORIDA
!\pproved:'''f \0 foro; and
lCLwl..sufDc.ietlcv:
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BY:
'[;r'!;r;10,-,,1 I,r I\-r.... ()'\:
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ASSISTI'YNT C01JNTY AITOnNEY
.I.\ML:'; CUI.ET] /\. CJ L\rRM!\N
CITY 01- NAl'l.lOS
River Park & FUll Time !mpI'Ol"CmCI11S
Page] 601"21
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EXHIB1T "A"
seOPE OF SERVICES
THE eITY OF N4PLES
RIVER PARK & FUN TIME IMPROVEMENTS
THE SUB RECIPIENT AGREES TO:
A. PROJECT DESCRIPTION:
The City of Naples proposcs to: Make improvements within the Carver-Rivcr Pat'k neighborhoods.
This area falls within the ccnsus low-incomcccnsus tracle. With this funding thc City of Naplcs will
purchase playground equipment, and install the cquipmcnt at Fun Time Emly Childhood Academy's
new facility locatcd at 102 ]2'11 Street NOJih in the City of Naples. The second phase of this project
will include the replaeemcnt, or reinforecment of rip rap as needed, along canals in the Carvcr/River
park neighborhood. The tlnal phase of this tlu'cc phasc project will bc to install police surveillance
cquipmcnt. This equipment will be installed in order to assist the Naples Police Depmiment in
reducing iJlicit drug traffIcking activitics in the Carver/River Park neighborhood 10ca1ed within the
City of Naplcs.
B. PROJECT SCOPE:
The purpose of this funding: The purpose of this projcct is to provide improvements for the residcnts
of the Carver/River Park ncighborhoods within the City ofl\aples in Collier County.
Thc Subrccipicnt will bc responsible for thc following:
a. Submission of statistics of crime rate prior to installation of camcras, and
submission of statistics of crimc in the arca where cameras were installed one year
later.
b. Submission of documentation of match funds listed under Budgct in Section C
provided within 30 days of cxeeution datc of agrccmcnt.
c. Posting of visible signage at thc work sitc identifying the funding source as
mcntioncd in scction VII part F.
d. Submission of rcquest for payment along with supporting documentation for
payment of services
c. Shall obtain a minimum of three bids I(lr the work to be conducted, as well as
provide HHS with a copy of contracts. All RFP's and contracts wiJl include BUD
t(llm 40] 0 along with wage decision detcrmined for projects. and comply with
Davis Bacon.
NOTE I: The SUBRECIPIENT shall submit its bid package and drawings/specifications to f fHS 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 aJlow the receipt of itemized costs from bidders, which would thcn allow the award
CITY OF NAPLES
River Park & Fun Time Improvements
Page 17 of21
~. ..:.....
of items that can be fund cd hy thc budget.
NOTE 3: The SUBRECIPIENT shall not awat'd the construction contract for the Project until
sufficient funding is availahle 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 SUBRECIPIENT shall obtain mIs' approval prior to executing any
change orders to such contract.
NOTE 4: The SUBRECIPIENT shall not request reimbursement from HHS for materials or equipment
rcceived and stored on the project site or clsewherc. The SUBREClPIENT shall only request
reimbursemcnt for materials and equipment that have been installed.
The SUBRECIPIENT further agrces that HHS, in consultation with any parties \J\JS dccms necessary,
shall be the final arbitcr on thc SUBRECIPJENT's compliance with the above.
c.
BUDGET: PROJECT NAME
Line Item: Fun Time Early Childhood
Academy playground
equipment.
CDBU Funds
S62.07900
Other
S
P.ivcr Park Canals-l\ip Rap
$24.000.00
$
Surveillance Equipment
S30.000.00
s
Total
(Match funds Ii'om City)
);116.079.00 + );IO.ooo.(ln
$126,079.00
D. STAFFING: Provide list of stalf directly responsible for rcp01iing and request for payment processing.
E. BONDING REOUIREME"iTS: Thc SUBRECIPIENT shall comply with the requirements of OMB
Circular A-lIO (Uniform Administrative Requirement for Federal Grants) and 24 CFR Part 84 in
rcgard to any bid guarantecs. performance bonds, and payment bonds.
F. FORMER PROJECTS: Failurc to adequately maintain any former CDBG funded project may result in
the delay of processing reimburscment rcquests for ongoing aetivitics or in thc forfeiturc of future
CDBG funds.
G. WORK SCHEDULE: The time frame for complction of the outlined activities shall be:
~3
I Milestone
~_ _ m_
I 100% ofprojecl completc
r Dcadline
I June 15,2008
Please nole that ifany ollhcse aClivities exceed the limelines by two months a revised work schedule
musl be submitted to IllIS.
H. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress repmis to HllS outlining
the status of specific activities under the project. Each report must account for the total activity for
CITY OF NAPLES
River Park & Fun Time Improvements
Page 18 of21
',', s,::L.C:..:
-, ',7
which the SUBRECIPIENT is paid with CDBG funds, in part or in whole, and which is required in
fulfillment of thcir obligations regarding the Projcct. Thc progrcss rcports 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.
1. OUTCOME PERFORMANCE MEASUREMENTS:
OBJECTIVE ! OUTCOMES ACTIVITY INDICATORS
SUITABLE LIVING I SUSTAlNABLILITY PUBLIC FACILITY NUMBEROr PERSONS
ENVIRONMENT USING I' ACIUTY
K. COMPENSATION: Thc County shall pay the SUBRECIPlENT for thc pcrformancc of this
Agrccmcnt upon completion or paJiial completion ofthc work tasks as acccpted and approvcd by HHS
pursuant to thc submittal of monthly progress rcpOlis as idcntitied in Section 1. Payments shall be
made to the SUBRECIPIENT whcn requestcd as work progrcsscs, but not more fi'cqucntIy than once
pcr month. Adhcrcnce to the work schedule idcntificd in Section H will bc required, unless modified in
writing by the parties. Payment will be made upon receipt of a proper invoice and in compliance with
Section 2] 8.70, Fla. Stats.. othcrwise known as the 'Tlorida Prompt Payment Act". .
CITY OF NAPLES
River Park & Fun Time Improvements
Page 19 of21
EXHIBIT "B"
eOLLIER COUNTY HOUSING AND HUMAN SERVIeES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name:
CITY OF NAPLES
Subrccipicnt Address:
7,,5 EIGHTH STREET SOUtH NAPLES. ",L 34102-6796
Project Namc:
RIVER PARK & F(;N TIME IMPROVEMENTS
Project No:_
Payment Rcquest #_~__._
Dollar Amount Requested: )
SECTION II: STATUS OF FUNDS
1. Grant /\mollnt A \varded
$
] 16.07900
--, Sun1 of Past Claims Paid on this .:\ccount
$
~. Total Grant Anwul1l Awarded Less Sum
Of Past Claims Paid on this .\ccount
4. /\mount of Frevious Unpaid Requests
$
$
5. Amount ofToday"s Request
$
6. Currcnt Grant Balance (Initial Grant Amount Awarded
Less Sum of all requests)
7. If applicable amount held as rctainagc to date
hy the County, ifnot retained by thc sub-recipient
$
$
I certify that this request f(J1' payment has been drawn in accordance, with the terms and conditions of the
/\grccl11cnt betwecn the County and us as the Sub-recipient. I also certify that the amount ofthc Request for
Payment is not in excess of eurrcntnccds.
Signature
Date
Title
Authorizing Grant Coordinator
Supervisor
Dept Director
(approval authority under $14,999)
(approval required $15,000 and above)
CITY OF NAPLES
River Park & Fun Time Improvements
Page 20 of2l
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EXHIBIT "c"
eDBG MONTHLY PROGRESS REPORT
eompleteformfor past moMh and submit to Housing & Human Services staffby the lr/" of the following
month.
Status Rcport for Month of
Submittal Date:
Project Name
Project Number
Activity Number
Subrecipient:
Contact Person
Tclephone: (39)
Fax: ,(239) ___
E-mail:
I. Activity Status/Milestones (describe any action taken. relating to this project. during the past month):
2. What cvcnts/aetions are scheduled for the ncxt two months?
3. Describe any affirmative markcting you have implementcd rcgarding this projcct. 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.
CITY OF NAPLES
River Park & Fun Time Improvements
Page 2] of2!
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IlemNumtJer:
Item Summ~ry:
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Meeting Date:
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.----
EXECUTIVE SUMMARY
Recommendation that the Board of eounty eommissioners approves, and authorizes its
Chairman to sign, a Sub recipient Agreement providing a eommunity 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 Collier County, Inc., proposes to construct 204 homes
in Kaicasa Phase I that will provide atIordable homeownership opportunities for its residents.
The housing units will be single-tamily, 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.
eONSIDERA nONS: The Scope of Services includes the construction of infrastructure to
support up to 204 home sites in Kaicasa. which is located on State Road 29 adjacent to Farm
Worker's Village in Immokalee. The proposed infrastructure will include the clearing of land,
road construction and paving. scw'cr 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 cUlTent One-Ycar
Action Plan for FY 2007 - 2008 which outlined thc activities to be funded betwccn July 1,2007
and June 30, 2008. A summary of the projects to be funded and the number of beneficiaries are
published in the 2007-2008 Action Plan. The projcct included in this Subrecipicnt Agreemcnt
was approved in the 2007-2008 Action Plan.
This is the inforn1ation that was approved in the Action Plan on April 24, 2007:
Project Selectio1l Process
In the .fall of each year. the County prepares a timeline .for competitive gralll applications and
preparation of the annual Action Plan. 771e time/ine released in the filii of 2006 provided
important dates including Grant Application1Vorkshops hcld in Naples and Immokalee. technical
as!.Jistance, deadline fbr submitting competitive grants, grant scoring and selection deadlines,
along l~ith dates/or the release ora draft One-Ycar Action Plan, 30 days of public comment and
workshops and public hearings. Two grant application workshops were held in ;\!ovcmher 2006
and competitive grant applications were due Decemher 13. 20()6fin' projects to befimded in the
2007-2008 program year. All agencies were provided with a "cure period" andfinal scoring
and ranking occurred in February 2007. The County provide.\jelr competitive grant applications
at least once a year and the applications arc reviewed. ranked alld scored using a .\pecijic set of
written evaluation criteria. Projects recommended.forfimding are presented to the AfJiwdable
Housing Commission in March and to the Board o/County Commission in April.
-
The.follov.ing projects are recommended.forjimdillg ill 2007-]O()8:
CDBG
Habitat/or Humanity Kaicasa in.fi-astructure
Immokalee Non-Profit Housing rehabilitation
Sl,OOO.OOO
S 608.575
--' .:.,
Empowcrment Alliance Hatcher's Prcsen'e infi'astructllre
YOllth Havcn Crisis Stabili~ation
CDBG Planning & Administrution
River Park inji-astrllctllrc (Naples)
Sidewalk construction (Marco)
HOME
Big Cvpress Eden Gardensfire ,\prinklers $ 250.000
(lIsing CHDO setaside $103.003 and regular HOME $146.997)
Collier County HOllsing Authority TBRA $ 300. ()()O
Single Familv Rehahilitation $ 68,017
HOME Administrution $ 68.668
ADD!
$ 59,001
$ 10(),OOO
$ 441.894
$ II 5.849
$ 75,336
Amc,.;can Dream DmvnpaYl71ent In;t;ath'(!
ESG
lmnlOkalee F,.;cnds!l;p House o/JCrath'g
$ I3.9II
$ 98,012
TOTAL Federal Funding
S3,] 99,263
FISCAL IMPAeT: Approval of this contract will provide a Community Developmcnt Block
Grant in the amount of $1.000.000 to Habitat for Humanity for Humanity ofCollicr County, Inc.,
for infrastructure. Thc total amount offcderal funding availablc is S3.199,263. No gcncral funds
will hc us cd for these projccts.
GROWTH MANAGEMENT IMPAeT: The proposed grant to Habitat for Humanity of
Collier County, Inc., will benefit the low-income residents of Immokalee, which is consistent
with the Growth Management Plan.
LEGAL CONSIDERA TIO:\'S: The proposed Agreement is a standm.d HUD/Community
Development Block Grant (CDBG) subrecipient agreemcnt form in usc in Collier County sincc
2001. -.l.A.K.
RECOl\1MENDA TlON: That thc Board of County Commissioners approves and authorizcs it
Chairman to sign a Suhrecipient Agreement providing a 51.000.000 grant to Habitat for
Humanity of Collicr County. Ine.. jtlr construction of infi'astructurc to support up to 204 home
sites in Kaicasa Phase 1. using U.S. Department of Housing and urban Dcvelopment (HuD)
Community Development Block Grant (CDBG) Ilmds.
Prepared by: Sandra MmTero. Grants Management Coordinator
Housing and Human Services Department
AGREEMENT BETWEEN eOLLIER eOUNTY
AND
HABITAT FOR HUMANITY OF COLLIER COUNTY, INe.
INFRASTRueTURE - KAICASA PHASE I
Catalog of Fedcral Domestic Assistance # 14.218
HUD Grant # B-07-UC-12-0016
THIS AGREEMENT, is made and entered into by and between Collier County, a political subdivision of the
State of Florida, hereinafter referred to as "COUNTY," and Habitat for Humanity of CoJlier County, Inc., a
private not-for-profit corporation existing under the laws of the State of Florida, having its principal office at
11145 Tamianli Trail East, Naples, Florida 34113, and its Federal Tax Identification number as 59-1834379,
hereinafter referred to as "SUBRECIPIENT", effective July 1, 2007.
\\'HEREAS, the COUNTY has entered into an agreement with the United States Department of Housing and
Urban Devclopment for a grant for the execution and implementation of a Community Development Block
Grant Program in certain areas of Collier County, pursuant to Title ] of the Housing and Community
Development Act of 1974 (as amendcd); and
WHEREAS, Pursuant to the aforesaid agreement COUNTY is undertaking celiain activities to ptimarily
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; 10
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 2007-2008 Consolidated One-Year Action Plan was developed following the
CoJlier County Consolidated Plan - Citizen Patiicipation 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
Resolution 2007-J.QL on April 24, 2007, including the use of this standard foml Agreement; and
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WHEREAS, the United States Depariment of Housing and Urban Development (HUD) has approved the
County's Consolidated Plan One- Year Action Plan for Federal Fiscal Year 2007-2008 for the CDBG Program
and the use of the CDBG funds for the activities identified in the Plan; and
WHEREAS, the COUNTY and the SUBREClPlENT 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 SUB RECIPIENT to implement such undertakings of the
Community Development Block Grant (CDBG) Program as a valid and worthwhile County purposes.
NOW, THEREFORE. in considcration of thc mutua] promises and covcnants hcrcin containcd, it is agreed
by the Parties as follows:
1. DEFINITIONS
(1) "COU'-iTY" means Collier County, and where applicable, it's authorized representative(s).
(2) "CDBG'" means thc Community Developmcnt Block Grant Program of Collier County.
(3) "HHS" means the Housing and Human Services Department of Collier County.
(4) "SUBREClPIE"IT" means Habitat For Humanitv Of Collier County. Inc.
(5) "HHS's Approval'" means the written approval of the Housing and Human Services
Department or desi!,'llee.
(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 perfol1ned as set forth in Exhibit "A".
II. SCOPE OF SERVICES
The SUBREClPIE"IT shall, in a satisfactory and proper manner, as dctcn11ined by HHS, perf 01111 the tasks
necessary to conduct the pro!,'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 hereo f.
III. TIME OF PERFORMANCE
The effective date of this Agreement and all rights and duties desih'11ated hereunder are contingent upon the
timely relcase of funds for this project by HUD under Grant No. B-07-UC-12-00l6. Thc effective date shall
be the latest date of execution of this Agreement, and the services of the SUBRECIPIENT shall be undertaken
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., and completed in light of the purposes of this Agreement. In any event, all services required herewlder shall be
completed by the SUBRECIPlENT 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 Vlll F (e), and Part VllI H
below.
IV. CONSIDERATION AND LIMITATION OF COSTS
The SUBRECIplENT shall be reimbursed by the COUNTY for allowable costs, determined by COUNTY, in
an amount not to exceed ONE MILLION DOLLARS AND NO eENTS ($1.000,000.00) 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 requirements. The
SUBRECIPIE"1T shall enter into contract for improvements with the lowest responsive and responsible
bidder. Contract administration shall be handled by the SUBRECIPIE"1T 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 Ab'Teement shall be sufficient when delivered to Housing & Human
Services at its office, presently located at 3050 North Horseshoe Drive, Suite I 1 0, Naples, Florida 34104. atld
to the SLiBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement.
VI. SPECIAL CONDITIONS
The SUBRECIPlENT 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 SL13REClPlENT
furthcr agrees to utilize funds available under this Agreement to supplement rather than supplant funds
otherwise available for specified activities.
VIJ. 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 Procedurcs memoranda. The Federal, Statc, atld 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 Depatiment or designee.
Should a project receive additional funding after the commencement of this Ab'Teement, the
SUBRECIPIENT sha]] notify HHS in writing within thirty (30) days of receiving notification
from the funding source and submit a cost a]]ocation plan for approval by the HI-IS DepaJiment
or desib'l1ee within forty-five (45) days of said official notification.
B. COMPLIANCE WITH LOCAL AND FEDER.A"L RULES. REGULATIONS AND LAWS
During the perfonnance 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,
1. 24 eFR Part 570, as amended - The regulations governing the expenditure of
Community Development Block Grant funds.
2. 24 eFR 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 propertics.
4. 24 eFR 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 Executivc Ordcrs 11375 and 12086. which
establishes hiring goals for minorities and women on projects assisted with federal
funds.
I Title VII of the 1968 Civtl 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 Insnrance Act of 1968
11. 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally
assistcd construction contracts.
12. 40 CFR Part 15 - Regulations relating to the applicability of thc Clean Air at1d Water
Pollution Acts.
13. Contract Work - Hours and Safety Standards Act
14. Lead Based Paint Poisoning Preventive Act
15. Section 504 ofthe Rehabilitation Act of1973
16. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
17. 29 eFR Parts 3, 5 and Sa - 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.
]8. 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 aud U.S. Department of Housing and Urban Development
eircular 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 - rcquired rcports. circulars, and procedurcs, such as the Grantee Performance
Report.
24. Public Law 100-430 - the Fair Housing Amcndmcnts Act of 1988.
25.
24 CFR 570, Subpart J - regulations covering
Procedures. These replace OMB Circular A-I02.
570.502.
standard Grant Administration
This subpart includes 24 CFR
26.0MB eircular 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 fimls 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 Ab'Teements With Institutions of Higher Education,
Hospitals and Other Non-Profit Organizations.
30. 24 eFR Part 85- OMB Circular A-I02 Codified in the Unifornl Administrative
Requirements for Grants and Agreements to State and Local Governments.
C. SUBCONTRACTS
Any work or services subcontracted by the SUBRECIPIENT shall be specificaIJy by written
contract or a,,'Teement, and such subcontracts shalJ be subject to each provision of this
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Agreement and applicable County, State, and Federal guidelines and regulations. Prior to
execution by the SUB RECIPIENT of any subcontract hereunder, such subcontracts must be
submitted by the SUBRECIPlE",T to HHS for its review and approval, which will specifically
include a detennination of compliance with the terms of the attached Work Program set forth
in Exhibit "A."
This review also includes ensUling that all consultant contracts and fee schedules meet the
minimum standards as established by the Collier County Purchasing Department and HlJD.
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 perforn1ing 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 Agreemcnt, including but not limited to
consultant work or services, shall be subcontracted by the SUBRECIpIENT or reimbursed by
tlie COliNTY without prior written approval of the HHS Depanment or his designee.
D. AME"'DME"-iTS
The COU",TY may, at its discretion. amend this Agreement to confoTI11 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 subje8t to
approval of the COUNTY. Any modifications to this contract shall be in compliat1Ce with the
Countv Purchasin~ Policv And Administrative Procedures in effect at the time such
modifications are a'Uthorized.
E. TNDEMNIFJCATION
The SUBRECIPlE1\T shall protect, defend, reimburse. indemnify and hold the COUNTY. its
agents, its employees and elected officers harn11ess 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 otherwise, arising during the
perforn1ance 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 pOliion or
applications thereof, shall apply to the fullest extent pennitted by law. The SUB RECIPIENT
will hold the COUNTY harmless and will indcmnifv the COUNTY for funds, which the
COUNTY is obligated to refund the Federal Governme~t arising out of the conduct of activities
and administration of SlJBREC1PIENT.
F. GRA.NTEE RECOGNlTION
All facilities purchased or constructed pursuant to this A6'Teement shall he clearly identified as
to funding source. The SUBREClpIENT will include a reference to the financial support herein
provided by BBS in all publications and publicity. In addition, the SUBRECIPIE1\T will makc
a good faith effon to recognize I-IBS' support for all activities made possible with funds made
available under this Agreement. The SUBRECIPIENT will mount a temporary constlUction
si6'l1 for projects funded by HHS. This design concept is intended to disscminate 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 matelials 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 anlount of damages
due to the COUNTY from the SUBRECIPIENT is detennined.
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 wriUen notice of such termination to the other party and
specifying therein the effective date of ternlination.
o TERM IN A nON FOR CONVENIENCE
At any time during the ternl 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 patiy.
Upon tennination. the COLJNTY shall pay the SUBRECIPIENT for scrvices rendered pursuant
to this Agreemem through and including the date of ternlination.
3. TERMINATION DUE TO CESSATION
In the event the grant to the COUNTY under Tit]e I of the Housing and Community
Development Act of 1974 (as amended) is suspended or tcnninated, this Agreement shall be
suspended or terminated effective on the date that HLJD specifies.
H. INSURANCE
The SUBRECIPIENT agrees this coverage shall be provided on a primary basis.
I. 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/occun.ence per Florida
Statutes S 768.28 and $2,000,000 per accident for federal and outside Florida litigation per
Florida Statutes S 768.28. Covcrage shall not contain any endorsement excluding Contractual
Liability or Cross Liability unless b'l"anted 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 S 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 Florida litigation per
Florida Statutes S 768.28 for all owned, non-owned and hired automobiles. The
SlJBRECIPIENT 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 INSCRED
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
Countv Board of County Commissioners. a Political Subdivision of the State of Florida. its
Officers. Emplovees. and Agents. c/o Housing & Human Services Department". The
SUBREClPIENT shall agree the Additional Insured endorsements provide coverage on a
primary basis.
4. CERTIFICATE OF IJ\SCRANCE
The SUBRECIPIE]\T shall agree to deliver to the C01JJ\TY a certifieatc(s) of insurance
evidencing the required insura7,ce is in full force and effect within thirty (30) calendar days
prior to the execution of this A:"'Teement by the COCNTY. A minimum thiliy (30) day
endeavor to notifv due to cancellation or non-renewal of coverage shall be included on the
certificate(s). ~ -
5. RIGHT TO REVIEW ANTI ADJUST
The SUBRECIPIENT agrees that the COCNTY, by and through its Purchasing or Risk
Managemcnt Department. in cooperation with the HHS Department, reserves the right to
periodically review. modify, rejcct 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 COU'\TY reserves the right, but not the obligation, to review and reject any
insurcr providing coverage because of its poor financial condition or failure to operate legally.
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 REOUIREME]\TS
A. Ff.'\ANCIAL \1A"AGEMENT
The SUBRECIpIENT agrees to comply with OMB Circular A -l 10 (Cnifonll 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 eosts incUlTed.
B. DOCCMENT A TION 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 SUBREClPIENT for the purpose
of this Agreement shall be made available to the COUNTY by the SUBREClPIENT at
any time upon request by the COlJ'NTY 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 three (3) years after expiration of this
Agreement.
3. The SUBREClPlENT 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. SUBREClPIENT shall submit monthly beneficiary reports to Housing & Human
Services using Exhibit "Coo.
5. The SUBRECIpIEKT shaH 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 SUBRECIPIEKT shaH maintain records showing
compliance with federal purchasing requirements and with other federal requirements
for grant implementation.
C. PURCHASING
All purchasing for scrviccs and goods, including capital equipment, shall be made by purchase
order or by a written contract and in conformity with the procedures prescl~bed by the F ederaJ
Management Circulars A-II0, 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
REOUIREMEKTS
HHS shall have the right under this Agreement to suspend or temJinate 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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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 atld agreements proposed to be entered into by the SUBREClPIENT
pursuant to this Agreement;
(b) All capital equipment expenditures of$l,OOO or more;
(c) All out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes,
Chapter 112.06]);
(d) All change orders; and
(e) All requests to utilize uncommitted funds after the expiration of this ai,'reement for
programs described in Exhibit A. and
(I) All rates of pay and pay increases paid out ofCDBG funds, whether for merit or cost of
living.
G. AlJDITS AND INSPECTIO"S
At any time durin\:( nonnal business hours and as often as HHS, the COUNTY, HUD, or the
Comptroller Genetal of the Unitcd States may deem necessary. there shall be made available by
the SL'BREClPIE'\'T to HHS. the COLNTY. HUD, or the Comptroller General for
examination all its records with respect to all matters covered hy this Agreemcnt.
The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as
amended, as it penains to this Agreement and any suheonttacts cntered into under this
Agreement. This will require the SUBRECIPJENT 10 submit a single audit, including any
management lettcr, madc in accordance with thc gcneral 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 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 agreement in which Federal funds
from all sources are expended, Said audit shall be made by a Certified Public Accountant of the
SUBREClPIENT's choosing. The SUBRECIPJENT shall provide such audit to HHS. In the
cvent the SUBRECIPIENT anticipates a delay in producing such audit or audited financial
statements. the SL13RECIPIENT shall request an extension in advance of the deadline. The
cost of said audit shall be borne by the SUBREClPJENT. In the event the SUBREClPIENT is
exempt from having an audit conductcd under A-133 (Audits of State, Local Governments, and
'\ion-Profit Organizations), the COLNTY reserves the right to require submission of audited
financial statements and/or to conduct a "limited scope audit" of the SUBREClPIENT as
defined in A-133. The COUNTY will be responsible for providing technical assistance to the
SL13REClPIE'\iT, as deemed necessary by the COUNTY.
H. PROGRAM-GENERATED INCO:vlE
All income earned by the SUBRECIPIENT from activities financed in whole or in pali by
funds provided hereunder must be reported to HHS. Such income would include, but not be
limited to, income from scrvice fees, sale of commodities. and rental or usage fees. The
SLJ13RECIPIENT shall repol1 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 (Unifol111 Administrative
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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
funds may be retained by the Agency. Program Income shall be utilized to undertake activities
specified in "Exhibit A" of this A!,'l'eement, 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 COl..JNTY 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 C01.JNTY),
and detern1ining 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 !,'Tound 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 caITied out by the perfornmnce of this
Agreement. Upon receipt of evidence of such discrimination, the COUNTY shall have the right
to tern1inate this A!,'Teemenl.
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 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 SUB RECIPIENT shall make a positive effort to utilize small business and
minority/women-owned business enterpriscs of supplies and scrvices, and provide thesc
sources the maximum feasible oppOliunity to compete for contracts to be performed pursuant to
this Agreement. To the maximum extent feasible these small business and minoritv/women-
owned- business enterprises shall be locatcd in or owned by residents of the CDBG areas
designated by Collier County in the Annual Consolidated Plan approved by HUD.
C. pROGRA...M BENEFICIARIES
At least fifty-one percent (5 I %) of the beneficiaries of a project funded through this Agreement
must be low- and moderate- incomc persons. Ifthe projcct is located in an entitlement city, as
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defined by BUD, or serves beneficiaries count)'\"ide, 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's request
D. EV ALUA nON AND MONITORING
The SUBRECIPIENT as'l"ees that HHS will carry out periodic monitoring and evaluation
activities as determined necessary by BHS 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 plal1l1ed versus actual progress relating to project scheduling,
budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon
request to BHS, the COUNTY or the COUNTY's desiS'11ees and make copies or transcriptions
of such records and information, as is detcrmined necessary by HHS or the COUNTY. The
SUBRECIPrEKT shall, upon the request of HHS, submit inf01111ation and status reports
required by HHS, the COl)1\TY or HUD on fornlS approved by HHS to enable HHS to
cvaluate said progress and to allow for completion of rcports required of HHS by HUD. The
SUBRECIPIENT shall allow HHS or BUD to monitor the SUBRECIPIENT on site. Such site
visits may bc scheduled or unscheduled as dete1111ined bv HHS or HUD.
E. CONFLICT OF Il\TEREST
The SUBRECIPIE'\T covenants that no person who presentiy exercises any functions or
responsibilities in connection with the Project, has any personal financial interest, direct or
indircct. in the target areas or any parcels therein, which would conflict in any manner or
degree with the perfo1111ance of this Agreement and that no person having any conflict of
interest shall be employed by or subcontracted by the SLTBRECIPIEKT. Any possible conflict
of intcrest on the pal1 of the SUBREClPIE:\T or its employees shall be disclosed in writing to
HHS provided, however, that this paragraph shall be interpreted in such a maImer 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 EKTlTY CRIMES
As provided in F,S, 287.133 by entering into this Agreement or perfonning any work in
furtherance hereof, the S1JBRECIPlENT cel1ifies that it. its affiliates. suppliers, subcontractors
and consultants who will perfonn hereunder, have not been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the 36 months
immcdiately 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 cenify that they will provide
drug-fi'ce workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U,S,C.
701) and with HUD's mlcs at 24 CFR Part 24, subpart F.
H. CERTJFICAT10N REGARDING LOBBYTNG
The undersiS'11ed cenifies, to the best of his or her knowledge and belief, that:
Habitat for Humanity of Collier County, Inc.
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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
atl 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, i,'Tant, 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 Forn1 to Report Lobbying", in accordance with its instructions.
3. The undersigned shall require that the language of this ceJiification be included in the
award documents for all subawards at all tiers (including subcontracts, subi,'Tants, and
contracts under grants, loans. and cooperative Ai,'feements) and that all
SUBRECIPIE!\TS shall ceJ1ify and disclose accordingly.
I. REAL PROPERTY
Any real property acquired by the SlJBRECIpIE"T for the purpose of can'ying on thc projects
stated herein. and approved by the COU2'\TY 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 propcrty 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 SUBRECIPIENT, as Subrecipient, agrees to comply with thc following requirements
insofar as they apply to the perf0l111anCe 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 (EPAJ regulations pursuant
to 40 C.F.R., Pari 50, as amcnded,
B. FLOOD DISASTER PROTECTION
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC
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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 Prob'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 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 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-hased paint is found on the property,
abateme11lmeasures might be undel1akcn.
D. HISTORIC pRESER VA TlO,",
The Subrccipient agrees to comply with the Historic Preservation requirements set forth in the
:\ational HistOl;c Preselyation Act of 1966, as amended (16 U.S.c. 470) and the procedures set
forth in 36 CFR. Part 800. Advisory Council on Historic Prescrvation 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 histOl;c properties that are fifty years old or older or that are included, on a
Fcderal, state, or local historic property list.
XI. SEVERABILITY OF PROVISIONS
If any provision of this AS'1'eement is held invalid, the remainder of this Agreement shall not be
affected thereby if such remainder would then continue to confonn to the tcrms and requirements of
applicable law.
XII. REVERSION OF ASSETS
upon expiration of the Agreement, the SJ;BRECIPIENT 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 covcrcd by the rcgulations 24 CFR P3It
570.503(B)(8).
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XIII. COl\JTIITIONS 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 A),,'Teement, consisting of twenty-three (23) enumerated pages, which include the exhibits
refercnced hercin, 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 satne instrument.
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XV. ENTIRE UNDERSTANDING
This Agreement and its provisions merge any prior as~'eernents, if any, between the pmiies hereto and
constitutes the entire understanding. The parties hereby acknowledge that there have been and are no
representations, wan'anties, covenants, or undertakings other than those expressly set forth herein.
IN WITNESS THEREOF, the parties hereto have caused this 23 page as~'eement to be executed by their
undersigned officials as duly authorizcd effcctive the 1st day of July, 2007.
HABIT A T FOR HUMANITY OF COLLIER
COUNTY;JNC. ./
l~\:
lSUBRECIPIEI"l SEAL.)
SAMUEL J DURSO. M.D.. PRESIDENT
", TTEST:
D\VIGI-lT E. BROCI~. CU.RK
BOARD OF COU'-TTY COMM]SSJONER~;
OF COLLIER COUNTY. FLORIDA
L~y:
f.Y:
Patricia Morgan, Deputy Clerk
JL\tvlES COLETTA. GJAJRMA',
, ,
Approved ai 4':> form and
, "~. l _':.1_,
Iel!al suffidemcw:
~ ~-.' "'.frl\"."""I'~"-
'1;__, "Ll ,tl
\ !;; ~\' ,', \
ll' ., j
.Jeffrey Ai. K1ittz1;ow
Managi1h,; A~\'istant County Attorney
Habitat for Humanity of Collier County, Inc.
Kaicasa Phase I Infrastructure
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J. [~'.JI
EXHIBIT "A"
seOPE OF SERVIeES
HABIT AT FOR HUMANITY
1NFRASTRueTURE - KAICASA
THE SlJBRECIPIENT AGREES TO:
A. PROJECT DESCRIPTION:
HABITAT FOR HUMANITY. proposes to: construct 204 homes in Kaicasa Phase 1 that will provide
affordable homeownership 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 I-IUD Income
Guidelines.
B. PROJECT SCOPE:
The scope of this phase of the project is infrastructurc construction to support up to two hundred and
four (204) homesites in Kaicasa. located on route 29, in Immokalee, FL adjacent to Famlworker's
Village. Infrastructure will include clearing of land, road construction and paving, sewer facilities.
water facilities (including fire protection), driveway aprons, flood control and drainage.
The SUBRECIPIEJ'\T 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 atld documentation that all
households are eligible under HUD Incorne Guidelines. Submission of documentation of Match Funds
listed under Budget in Section 13 prior to submittal of first Request for Payment fonn.
Posting of visible signagc at the work site identifying the funding source(s) as mentioned in section VII
part F.
NOTE I: The SUBREClplENT shall submit its bid package and drawings/specifications to HES and
obtain a letter of approval prior 10 bidding the construction work. The final number of units to be
constructed must be repOlied 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 SUB RECIPIENT shall not award the construction contract for the Project until
sufficient funding is available to complete the established scope of work. The SlJBRECIPIENT shall
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obtain HHS's approval prior to a\\'arding the construction contract to be funded through this
agreement. After awarding such contract, the SUB RECIPIENT shall obtain HHS's approval prior to
executing any change orders to such contract.
NOTE 4: The SUBRECIpIENT shall not request reimbursement from HHS for materials or equipment
received and stored on the project site or elsewhere. The SUBRECIPIENT shall only request
reimbursement for materials and equipment that have been installed.
The SUBRECIPIEKT 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:
Kaicasa Phase I Infrastructure
Line Item:
Illfrastructure
Clearing of Land & Excavation
Infrastructure
Drainage (Stornl Sewer)
Sewers (Sanitary)
Portable W mer
Landscaping
Roads Construction
Roadway Fill
Paving
Engineering
Undeqo'TOund Electric
Driveway Aprons
Flood control and drainage
Miscellaneous Site Development
Subtotal
CDBG Funds
Total
Total Development Budget
Other
$1,000,000.00
$1,000,000.00
$24,000,000.00
$24,000,000.00
25,000,000.00
D. STAFFING: Provide list of staff directly responsible for reporting and request for payment processing.
E. BONDING REOUIREMENTS: The SUBRECTPIEKT shall comply with the requirements of OMB
Circular A-) 10 (Unifonn Administrative Requirement for Federal Grants) and 24 CFR Part 84 in
regard to any bid guarantees. perfomlance bonds. and payment bonds.
F. FORlvIER PROJECTS: Failure to adequately maintain any fornler CDBG funded project may result in
the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future
CDBG funds.
G. WORK SCHEDULE: The time frame for completion of the outlined activities shall be:
'VIilestone
100% of funding cx ended
i Deadline
I June 15.2008
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"
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7
Please note that i(any o(these activitics exceed the timelines by two months a revised H'ork schedule
must be submitted 10 HHS.
H. REPORTS: The SUBREClPIENT 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 wholc, and which is rcquired in
fultillment of their obligations regarding the Project. The progress repOlis shall be suhmilled on the
form Exhibit "C", The progress reports shall be used as an additional basis f()r HHS's 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 204 units are constructed and 51 %
occupancy has been obtained.
I. OCTCOME PERFORMANCE MEASUREMENTS:
I OBJECTIVE OUTCOMES I ACTIVfTY
I DECENT HOUSING I Affordal.'il.ity through tbe 'Infrastructure for
II creation of new housing I housing construction
.~units(2(14)_ ..__
new
INDICATORS
Number of new
atfordable homes to be
, built (204)
I
J. DA VIS-BACON ACT: The SUGRECIPfENT .,hall requeslthe County to obtain a Davis-Bacon wage
decision f()r the project prior to advcrtising the construction work. The SUBRECIPIENT shall
incorporatc a copy (,f the Davis-Bacon wage decision and disclose the requircments of the Davis-
Bacon Act in its construction bid solicitation and sub-contract(s).
K. COl\lPENSATION: The County shall pay the SUBRECIPIENT j()r thc performance of this
Agrecmcnt upon completion or partial completion of the work tasks as accepted and approved by HHS
pursuant to the submittal of monthly progress rcp011s. Payments shall be made as work progresses, but
not more hequently than once per month. Adherence to the work schedule will be required, unlcss
modified in writing by the parties. Payment will be made upon rcccipt of a proper invoice and (J1
compliance with Section 218,70, Fla. Stats., otherwise known as the "Florida Prompt Payment Act".
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EXHIBIT "B"
eOLLIER COUNTY HOUSING AND HUMAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name:
Habitat for H umanitv of Collier Countv. Inc.
Subrecipient Address:
l] 145 Tamiami Trail East. Naples. FL 34113
Project Name:
Kaicasa Phase I - Infrastructure
Project No:
Payment Request #
Dollar Amount Requested: $
SECTION II: STATUS OF FUNDS
1. Grant Amount Awarded
5. Amount of To day's Request
$ 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
6. Current Grant Balance (Initial Grant Amount Awarded
Less Sum of all requests)
I certify that this request for payment has been drawn in accordance with the tenns 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 S 15,000 and above)
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Kaicasa Phase I Infrastructure
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EXHIBIT "C"
eDBG MONTHLY PROGRESS REPORT
Complete form for past mouth aud submit to Housiug & Humau Services staff by the 1 d" of the followiug
mouth.
Status Report for Month of
Submittal Date:
Project Name Kaicasa Phase I - Infrastructure
Project Number Activity Number
Subrecipienl: Habitat for Humanitv of Collier Countv, Inc.
Contact Person Chervl Malone. Director of Administration
Telephone: (239) 775-0036
Fax: (239) 775-0477
E-mail:
cmalone@hthcollier.com
I. Activity Status/Mileswnes (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
attach any recent media coverage of your orgauization 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.
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6. "Iew contracts executed this month (if applicable):
Name of Contractor or Amount of Contractor Race Ethnicity
Subcontractor, Address & Phone Contract Federal ID (see definitions on (see definitions on
Number Number following page) following page)
7. For projects that serve a particular clientele, please complete the following infomlation 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. HOWE\'er. if one person recei\'cd T\\O ser,ices this counts as T\\O
SERVICE UNITS:
TOTAL BEl\;EFICIARIFS
This project benetits..____m_____ households or persons. Please circle one category (either "households" or
"persons"). LlIlcr thc Ilumbcr o/hcllcficlarics Illlhc Mallk spacc alld ill!J(,x "1. "
INCOME
Of the households or persons assisted, are extremely low-income income (0-30%) ofthe cun-ent
Median Family Income (I\1Fl). Enter lllis Ilumbcr ill box "2. "
Of the households or persons assisted, _ are \'ery low-income (31-50%) of the cun-ent Median
Family Income (MFI). Elltcr this Ilumber in box "3."
Of these households or persons assisted.
Income (MFl). Elller this numbcr ill box "4. "
are low-incomc (51-80%) of the cun-en! Median Family
NOTE: Thc IOtal of boxes 2,3 and 4 should equal the l1umbcr ill box 1.
FEMALE HEAD OF Hm;SEHOLD
This project assisted
in box "5" bc/ow.
Female I-lead of Households REGARDLESS ofincomc. Elller this Ilumber
I BOX 1 KOX2 BOX} BCJX4 ! BOXS
I Tot,,] hu:-"nber of Extremely Very Lnw Income Female Head of
Hou,~ch(Jld". or Persons L<l\\ 1]1(:o111e !A)w]nC01llc 1:'I-S0':'-:,) Household
Assisted
({i-3D';';,) (31-:'()f:,',,)
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Subrecioients 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 Par 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, 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 i
Amelican Indian/Alaskan J\ativc and Black! African AmcJican
Other Multi-Racial
TOT AL:
Habitat for Humanity of Collier County, Inc.
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I'ag.~ ] or I
COLLIER COl"'\n
Item Number:
Item Summary:
"f'
Meeting Date:
J'rCf'urcll B}
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EXECUTIVE SUMMARY
Recommendation that the Board of County eommissioners approves, and authorizes its
ehairman to sign, a Sub recipient Agreement providing Disaster Recovery Initiative (DRl)
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.
OBJECTIVE: Collier County Housing Development Corporation (CCHDC) 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.
eONSIDERATIONS: Funding in the amount of $124,923.00 has been awarded for the
purchase and installation two back-up gencrators for the scwer lift station and water treatment
plant in Copeland. In the aftermath of HUlTicane Wilma, residents of Copeland werc 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 cligiblc for insurance or FEMA reimbursement.
~
The Board of County Commissioners approvcd six projcets to be funded with a Disaster
Recovery Grant Application on September] 2. 2(1()6 and acceptcd and signed the contract for
S2.3 million in DR] funding with the Dcpartmcnt of Community Affairs on May 22. 2007. This
project is one of the six projects' prcviously approvcd.
FISCAL IMPACT: Approval of this contract will provide a Disaster Recovery Initiative
funding in thc amount ofS]24,923.00 to Collicr County Housing Development Corporation f()r
the purchase of back up generators. No gencral funds will be used for these projects.
GROWTH MANAGEMENT IMPAeT: The proposed grant to the Collier County Housing
Development Corporation will bencfit 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) Subrccipicnt Agreement form in use in Collicr County since
2001. -J.A.K.
RECOMMENDA TION: That the Board of County Commissioncrs approves and authorizes its
Chairman to sign a Subrecipient Agreement providing a S124,923.00 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 treatmcnt plant in Copeland using Florida Department of
Community Affairs in Community Development Block Grant funds.
Prepared by: Sandra Marrero. Grants Management Coordinator
Housing and HUlnan Services Department
~
AGREEMENT BETWEEN eOLLIER eOUNTY
AND
COLLIER eOUNTY HOUSING DEVELOPMENT eORPORATlON
HURRleANE HARDENING - eOPELAND
Florida Administrativc Code 9BER06-1
CFDA # 14.228
THIS AGREEMENT, is made and entcred into by and betwecn CoJlier County, a political subdivision of the
State of Florida, hereinafter referred to as "COUNTY", atld "CoJlier County Housing Development
Corporation," a private not-for-profit corporation existing under the laws of thc State of Florida, having its
principal office at 4779 Entcrprise Avcnue, Naples, FL 34104 and its Federal Tax Idcntification number as 38-
3695928, hereinafter refelTed to as "SUBRECIPIENT", effectivc May 23. 2007,
WHEREAS, the COUNTY has entered into an agreement with the State of Florida, Department of
Community Affairs; and
\VHEREAS, Pursuant to thc aforesaid agreemcnt COUNTY is undertaking ccrtain activities to primarily
bencfit very low and low income persons by addressing hurricanc impactcd housing public facility and
community dcvelopment needs; and
WHEREAS, The Board of County Commissioners of Collier County approved the Collicr County Agreement
with the Florida Department of COITUnunity Affairs for $2,339,882 in Community Devclopment Block Grant
Disaster Recovcry Initiative fnnds relating to Hurricane Wilma with Resolution 2007-]44 on May 23, 2007,
and
WHEREAS, the COUNTY and thc SUBRECIPIENT desire to provide the activities specified in Exhibit A of
this Agreement. in accord with the approved 2005 Disastcr Recovery Subgrant Agreemcnt; and
WHEREAS, the COUNTY desires to engage the SUI3RECIpIENT to implement such undertakings of the
Disaster Recovery Initiative (DR!) Program as a valid and worthwhile County purposcs.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed
CCHUC
Hurricane Hardcning-Copeland
Page 1 of23
by the Parties as follows:
I. DEFINITIONS
(I)
?)
(-
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
"COUNTY" means Collier County, and where applicable, it's authorized rcpresentative(s),
"CDBG" means the Community Development Block Grat1t Program of Collier County.
"HHS" means the Housing and Human Services Department of Collier County.
"SUBRECIPIENT" means Collier County Housing Development Corporation (CCHDC)
"HHS's Approval" means the written approval of the Housing and Human Services
Department or desi,,'11ee.
"HUD" means the Secretary of the U.S. Depal1ment of Housing and Urban Development or a
person authorized to act on its behalf.
"Low and moderate income pcrsons" mcans the definition set by HUD.
"Project" means the work contemplated to be performed as set forth in Exhibit "A".
"DRI" means Disaster Recovery Initiative Program
"DCA" means Florida Departmcnt of Community Affairs
II. SCOPE OF SERVICES
The Sl13RECIPIENT shall, in a satisfactory and proper manncr. as dctcrmincd by HHS, perf 01111 the tusks
necessary to conduct the prof,'fum 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 pal1 hereof.
llI. TIME OF PERFORMANCE
The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the
timely release of funds 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 SUBREC1plENT 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 April 30, 2009. Any funds not obligated by the
expiration date of this Agrecment shall automatically reveti to the COUNTY, as sct forth in Part VIII F (e),
and Part VIII H below.
IV. CO:\'SIDERATION AND LIMITATION OF COSTS
The SUBRECIPIENT shall be paid by the COL::\TY for allowable costs, determined by COUNTY and DCA,
in an amount not to cxceed One Hundred Twenty-four Thousand Nine Hundred Twenty-three Dollars
($124,923) for the sClyices described in Exhibit "A."
All improvements specified in Exhibit "A" shall be pcrforn1ed 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 SUBRECIplENT and monitored by the CUUNTY,
which shall have access to all records and documents related to the project.
V. NOTICES
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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 34] 04, and to the
SUBRECIPIENT when delivered to its office at the address listed on page one (I) of this Ai,'I'eement.
VI. SPECIAL CONDITIONS
The SUBREClPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part
570 of the Housing and Urban Development regulations conceming Community Development Block Grants
(CDBG) and all federal regulations and policies issued pursuant to these regulations. The SlJ13RECIPIENT
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 Subgrantee Agreement, executed by the
State of Florida and ("r UNTY to require SUB RECIPIENT to acknowledge the following, as applicable:
I. SUBRECIPIENT
Disaster Recove;.
outlined in Attac!1
2. SUBRECIPIENT
regulations;
3. SUBRECIPIE}\T ""knowledges that the Florida Department of Community Affairs and the COCNTY
shall be held ham1less against all claims of whatever nature arising out of the SUBRECIPIE!\T'S
perfomlance ofwo~k.
.knowledges that it will adhere to all applicable tenus of the Federally Funded 2005
Subgrantee Agreement. executed between the State of Florida and COUNTY as
ent A: Program Guidelines;
.cknowledges that it will adhere to all applicable
State and Federal laws and
Ifnecdcd, SUBRECIPIENT may be called upon to assist COUNTY during a natural disastcr or emcrgency.
VII. GENERAL CONDlTIONS
A. IMPLEMENT A nON OF PROJECT ACCORDING TO REQUIRED 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 fOlih by HHS.
No payments will be made until approved by the HHS Department or desii,'I1ee.
Should a project receive additional funding after the commencement of this Agreement, the
SUB RECIPIENT 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 Al\TD
LAWS
During the performance of the Agreement, the SUBRECIPJENT 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,
I. 24 eFR Part 570, as amended - The regulations goveming the expenditure of
Community Development Block Grant funds.
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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
prohihits discrimination and promotes equal opportunity in housing.
6. Executive Order 11246, as ameuded by Executive Orders 11375 aud 12086 - which
establishes hiring goals for minorities and women on projects assisted with federal
funds.
7 Title VII of tbe 1968 Ciyil Rigbts Act as amended by tbe Equal Employment
Opportunity Act of 1972 - which prohibits discrimination in cmplQ)~nent.
S. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and
Urban Development Act of] 968. as amended.
9. Age Discrimination Act of 1973
] O. National Flood Insnrance Act of 1968
11. 24 CFR 1'art 130 - Regulations that prohibit discrimination in employment in federal1y
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 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
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 al1 construction contracts
funded by CDBG. See altaclunent A-3.
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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 Development Block Grant Contracts.
21. 29 eFR 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, ehapter 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 lunendments Act of 1988.
25. 24 CFR 570, Subpart J - regulations coveting standard Grant .i\.dministration
Procedures. These replace 0:V1B Circular A- I 02. This subpart includes 24 CFR
570.502.
26.0MB Circular A-B3 - conceming annual audits.
27.0MB Circular A-122 - which idcntifies cost principles.
28. Section 109, Public Law 100-202 - which restricts the awarding of puhlic works
contracts to firms from foreign countries with unfair trade practices.
29. 24 eFR Part 84 - OMB Circular A-I 10 Codified in the Uniform Administrative
Requirements for Grants and Af,'l"eements With Institutions of Higher Education,
Hospitals and Other Non-Profit Organizations.
30. 24 eFR Part 85- OMB Circular A-I 02 Codified in the Unifonl1 Administrative
Requirements for Grants and Agrecmcnts to Statc and Local Govcrnments.
31. ehapter 427, Florida Statutes- which requires the coordination tratlsportation for the
disadvantaged.
32. Chapter 403.7065, Florida Statues - which refers to the procurement of products or
materials with recycled content.
33. ehapter 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
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this chapter, shall report such knowledge or suspicion to the Central Abuse Hotline (1-
800-962-2873).
34. ehapter 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
cxploitcd, 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. ehapter 216.347, Florida Statutes - prohibits the expenditure of contract funds for the
purpose of lobbying the legislature, state or county agencies.
C. SUBCONTRA..CTS
Any work or scrviccs 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 Federal guidelines and regulations. Prior to
execution bv the SUBRECIPIE1\T of anv subcontract hereunder, such subcontracts must be
submitted b)' the SUBRECIPIENT to HHS for its review and approval. which will specifically
include a determination of compliance with the lem1S of the attached Work Program set forth
in Exhibit "A."
This rcview 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 Plior written approval with support documentation
detailing categories of persons perfom1ing 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 SCBRECIPIENT 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 desib'11ee.
D. AME'-'DME'\iTS
The COUNTY ma,'. at its discretion, amend this Agreement 10 conforn1 to changes required by
Federal, State, County, or HCD guidelines, dircctivcs, and objectives. Such amendments shall
be incorporated by written amendment as a part of this Agreement and shall be subject to
apprmal of the COUNTY. lilly modifications to this contract shall be in compliance with the
County Purchasing Policy and Administrativc Procedures in effcct at the time such
modifications are authorized.
E. INDEM1\IFlCA nON
The SUBRECIPIENT shall protect, defend, reimburse, 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 at1d costs, whether at trial or appellate levels or otherwise, atising dUling the
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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
COU1\TY 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 SUB RECIPIENT 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 infornlation regarding the development team as well as Equal Housing
OppOJiunity to the general public. This signs construction utilizes a minimum conventional
4 'X8" plywood back panel and other conventional construction materials and methods.
G. TERMP\A nON
In event of termination for any of the following reasons, all finished or unfinished documents,
data studies. survcys, drawings, maps. models, photographs, repol1s prepared, and capital
equipment sccured by the SUBREC1PIENT with funds under this Agreement shall be retumed
to HHS or the COlNTY. In the event of termination, the SUBRECIPIENT shall not bc
relieved of liability to the COUNTY for danlages sustained by the COUNTY by virtue of any
breach of the Contract by the SUBRECIPIENT, and the COUNTY may withhold any payment
to the SUB RECIPIENT for set-off purposes until such time as the exact amount of damages
due to the COUNTY from the SUBRECIPIENT is detennined.
I. TERMINATION FOR CAUSE
Iftbrough 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 ternlinate this
Agreement in whole or part by giving written notice of such tennination to the other party and
specifying therein the effective date of temlination.
2. TERMINi\. T10N FOR CONVENIENCE
At any time during the term of this Agreement, either party may, at its option and for any
reason, ternlinate this Agreement upon ten (10) working days written notice to the other party.
Upon temlination, the COUNTY shall pay the SUBRECIPIENT for services rendcrcd pursuant
to this .Agrccment through and including the date ofternlination.
3. TERMINATION DUE TO CESSATION
In the event the !,'fant 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 specifics.
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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 Florida
Statutes S 768.28 and $2,000,000 per accident for federal and outside Florida litigation per
Florida Statutes 9 768.28. Coverage shall not contain any endorsement excluding Contractual
Liability or Cross Liability unless granted by the County's Risk Management Department. The
SUB RECIPIENT 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 9 768.28 and $2.000.000 per accident for federal and outside Florida litigation per
Florida Statutes & 768.28 for all owned. non-owned and hired automobiles. The
SCBRECIPIENT shall agree to maintain phvsical damage coverage for a period not Icss than
] 0 vcars with deduetihles not exceeding $1000 for Comprehensive and Collision. Collier
County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The
SCBRECIPIE'\T shall agree to be fully responsihle for any deductibles, self-insured retention
or uncovered losses. Thc SUBRECIPIEl\T agrees this coveragc shall be prO\ided on a primary
basis.
3. ADD!TJ01\AL ll\Sl'RED
The SUBRECIPIE1\T shall agree to endorse the COGNTY as an Additional Insured with a CG
2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to
the Commercial General Liabilitv. The Additional Insured endorsement shall read "Collier
Countv Board of Countv Commissioners. a Political Subdivision of the State of Florida. its
Officcrs. Emplovees. and Agents. c/o Housing & Human Services Department". The
SUBREClPIENT shall agree the Additional Insured endorsements provide coverage on a
primary basis.
4. CERTIFICA TE OF INSLRANCE
Thc SUBRECIPIENT shall ab'TCC to dclivcr to the COlTl\TY a cCliificate(s) of insurance
evidencing the required insurance is in full force and effect within thiny (30) calendar days
prior to the execution of this Agreement by the COUNTY. A minimum thirty (30) day
cndeavor to notify due to canccllation or non-rcncwaI of coveragc shall be included on the
certificate(s).
5. RIGHT TO REVIEW AND ADJUST
The SUBRECIPlEJ\'T ab'Tees that the COUNTY, by and through its Purchasing or Risk
Management Department, in cooperation with the HHS Departmcnt, 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 COliNTY reserves the right, but not the obligation, to review and reject any
insurer providing coverage because of its poor financial condition or failurc to operate legally.
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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. ADMlNISTRA TTVE REOUIREMENTS
A. FINANCIAL MANAGEMENT
The SUB RECIPIENT agrees to comply with OMB Circular A -I 10 (Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and
other Non-Profit Organizations) and ab'rees to adhere to the accounting principles and
procedures required therein, utilize adequate internal controls, and maintain necessary source
documentation for all costs inClined.
B. DOCUMENTA nON AND RECORD - KEEPING
1.
The SUBRECIPIENT shall maintain all records required by the CDBG Federal
Regulations.
o
All reports, plans, surveys. inforn1ation, 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 SUBRECIPIEJ\'T at
any lime upon request by the COUNTY or HHS. Upon completion of a1l work
contemplated under this Agreement copies of all documents and records relating to this
Agreement shall be sUlTcndered to HHS if requested. In any event thc SUBRECIPIENT
sha1l 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).
SUB RECIPIENT shall submit monthly beneficiary reports to HHS using Exhibit "C".
4.
5.
The SUB RECIPIENT shall maintain records showing compliance with the Davis-
Bacon Law, including filcs containing contractor payro1ls, employee interviews, Davis-
Bacon wage rates, and administrative cross-referencing. Sl.iBRECIpIENT shall
maintain records showing contractor compliance with the Contract Work Hours and
Work Safety Law. Similarly, the SFBRECIplENT shall maintain records showing
compliance with federal purchasing requirements and with other fedcral requirements
for b'rant 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 confonnity with the procedures prescribed by the Federal
Management Circulars A-IIO, A-I22, 24 CFR Part 84, and 24 CFR Part 85, which are
incorporated herein by reference.
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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. COUl\TY. DCA. AND HUD
REQUIREMENTS
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, DCA or HUD at any time.
F. PRIOR WRITTEN APPROVALS-SUMMARY
The following activities require the prior written approval of the HHS Department or desiS~lee
in order to be eligible for reimbursement.
(a) A.ll subcontracts and agrccmcnts proposcd to bc entered into by the SUBRECIPIEKT
pursuant to this Agreement:
(b) All capital equipment expenditures of 51.000 or more:
(c) All out-of-town traveL (travel shall be reimbursed in accordance with Florida Statutes,
Chapter I 12.0G 1):
(d) All change orders: and
(e) All requests to utilize uncommitted funds after the expiration of this as~'eemcnt for
progr8ms described in Exhibit A, and
(I) All rates of pay and pay increases paid ont of DR I funds, whether for merit or cost of
hying.
G. AUDITS AND INSPECTIO'iS
At any time during nonnal business hours and as often as HHS, the COUNTY, DCA, HUD, or
the Comptroller General of the United States may deem necessary, there shall be made
available by the SUBRECIPIENT to HHS. the COUNTY, DCA, HLJD, or the Comptroller
General for examination ail its records with respect to all matters covered by this Agreement.
The SUBRECIPIENT agrees to comply with lhe 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
managcment letter, madc in accordance with the general program requirements of OMB
Circulars A-l10 (l.;nifornl Administrative Requirement for Federal Grants), A-122 (Cost
PJincip1es for Non-Profit Organizations). /1.-133 (Audits of State, Local Governments. and
Non-Profit Organizations), and other applicable regulations within one hundred and eighty
(1 SO) days after the end of any fiscal year covered by this as'Teement in which Federal funds
from all sources arc expended. Said audit shan be made by a Certified Public Aecountant of the
SUBRECIPIENT's choosing. Tile SlJBRECIPIENT shall provide such audit 10 HHS. In the
event the SUBRECIPIENT anticipates a delay in produeing such audit or audited tinancial
statements, the SlJBRECTPIENT shall request an extension in advance of the deadline. The
cost of said audit shall be borne by the SUBRECIpIFNT. In the event the SUB RECIPIENT is
exempt from having an audit conducted under A._lJ1 (Audits of State, Local Governments, and
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, ,coil',
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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-IIO (Uniform Administrative
Requirement for Federal Grants) and other applicable regulations incorporatcd 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 cxpiration of this Agreement shall be returned to the COCNTY no
later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to
utilize uncommitted funds.
1. GRA1\T CLOSEOCT PROCEDCRES
SUBRECIPIENT obligation to the COCNTY 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 adVatlCCS, program incomc balances, and receivable accounts to the COUNTY),
and determining the custodianship ofrecords.
IX. OTHER PROGRAM REOUIREMENTS
A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPJENT 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 ternlinate this Agreement.
To the greatest extent feasible, lower-income residents of the project areas shall be given
opportunities for training and emplO)~llent; and to the l,'Teatest feasible extent eligible business
concems located in or owned in substantial pm1 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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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 Ab'1'eement. To the maximum extent feasible these small business and minority/women-
owned business enterprises shall be located in or owned by residcnts of the CDBGarcas
desib'11ated by Collier County in the Allliual 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 vcry low and low income persons. If the project is located in an entitlement city, as
defined by HUD, or serves beneficiaries county'VI'ide, more than thirty percent (30%) of the
beneficiaries directly assisted through the use of funds under this Ab'1'eement must reside in
unincorporated Coliier County or in municipalities pal1icipating 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 Ab~'eemenL The
SUBRECIPJENT shall j)l"o\'idc written verification of compliance to HHS upon HHS' request.
D. EVAUJA TlO1\,' AND MONJTORING
The SUBRECiPIF"T agrees that HHS wiil carry out penoolc monitoring and evaluation
activities as detemlined ncccssarv bv HHS or the COUNTY and that the continuation of this
Agreement is depcndem upon s,;tisfactory c\'aluation conclusions based on the ten11S of this
Agreement. comparisons of planned versus actual progrcss relating to project scheduling,
budgets, audit rep0l1s, and output measures. The SUBRECIPIENT agrees to fumish upon
request to HHS, the COUNTY or the COUNTY's designees and make copies or transcriptions
of such records and infol1nation, as is detem1ined necessary by I-lHS or the COUNTY. Thc
SUBRECIPIENT shall, upon the request of HIlS, submit information and status rcpOlis
required by HHS, the COUNTY or HUD on forn1s approved by HHS to enable HHS to
evaluate said Prob'1'CSS and to allow for completion of reports required HHS by HUD. The
SUBRECIPIENT shall allow HHS or HGD to monitor the SUBREClPIENT on site. Such site
visits may be scheduled or unscheduled as determined by HHS or HUD.
E. CO'IFLICT OF INTEREST
The SUBRECIPIEKT covenants that no person who presently excrciscs any functions or
responsibilities in connection with the Project, has any pcrsonal financial interest, direct or
indirect, in the target areas 01' 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 cmploycd by or subcontracted by the SUBREClpJENT. Any possible conflict
of interest on the pati of the Sl13RECIP1ENT 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
unreasonahly impede the statutory requirement that maximum opportunity be provided for
employment of and panicipation of low and moderate-income residents of the project target
area.
F. pCBLIC ENTITY CRIMES
As provided in F.S. 287.133 by entering into this Agreement or perfonning 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
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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 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
undersi[,'1led, to any person for influencing or attempting to influence an officer or
cmployee of any agency, a Member of Con[,'l"ess, an officer or employce of Congress, or
an cmployee of a Mcmber of Congrcss in connection with thc awarding of any Federal
contract, the making of any Federal grant, the making of any Federal Joan, the entering
into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Fcderal contract, [,'l"ant, loan, or coopcrative
agreenlent.
"
If any funds other than Fedcral appropriatcd funds havc becn paid or wil1 be paid to any
pcrson for influcncing or attcmpting to influence an officer or employee of any agency,
a Memher of Congress, an officer or employee of Congress, or an cmployee of a
Mcmbcr of Con[,'l"ess in connection with this Federal contract, grant, Joan, or
cooperative a[,'l"eement, the undersi[,'1led shall complete and submit Standard F0I111-LLL,
"Disclosure Fom1to 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 [,'Tants, loans, and cooperative Agreements) and that all
SUBRECIpIENTS shall celiify 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 propcliy Acquisition Policies Act of 1970 and 49 CFR 24.1 0 I, shall be
subject to the provisions ofthe CDBG Regulations including, but not limited to, the provisions
on use and disposition of propcrty. 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 eFR 570.505.
x. ENVIRONMENTAL CONDITIONS
A. AIR AND WATER
CCHUC
Hurricane Hardening-Copeland
Page I3 of23
The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements
insofar as they apply to the pcrformance 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, entry, reporis, 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 mSASTER pROTECTlON
In accordancc with the requirements of the Flood Disaster Protection Act of ] 973 (42 USC
400 I), 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 requircmcnt and/or reduce the cost of said flood
ll1surancc.
C. LEAD-BASED PAINT
The Subrccipicnt agrees that any constmction 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 pel1ain to all
HUD-assisted housing and require that all owners. prospective owners. and tenants of
properties constructed prior to ] 978 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
S)111ptoms, treatment and precautions that should be taken when dealing with lead-based paint
poisoning and the advisability and availability nfblood 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 (] 6 USc. 470) and the procedures set
forth in 36 CFR, Pal1 800. Advisory Council on Historic Preservation Procedures for Protection
of Historical Properties, insofar as they apply to the pcrfonnance of the Contract. In general,
concurrence from the State Historic Prcser\'ation Officcr 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 tem1S and requirements of
applicable law.
CCHVC
Hurricane Hardening-Copeland
Page 14 of23
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XII. REVERSION OF ASSETS
Upon expiration of the A!,'I'eement, 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 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 Pati
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.
XlV. ATTACHMENT A
The SUB RECIPIENT shall agree to abide by the program guidelines as excerpted ii'om the federally
funded 2005 Disaster Recovery Suhi,'I'antee Agreement executed by the State of Florida Department of
Community Affairs and Coliier County. which arc 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 deemcd
to be an original, and such counterparts will constitute one and the same instrument.
LCHVL
Hurricane Hardening-Copeland
Page 15 of23
XV. ENTIRE UNDERSTANDING
This Agreement and its provisions merge any prior agreements, if any, between the parties hercto and
constitutes the entire understanding. The parties hereby acknowledge that there have been and are no
representations, waITanties, covenants, or undertakings other than those expressly set fOlih herein.
IN WlTNESS THEREOF, the parties hereto have callsed this 23 page agreement to be executed by their
undersigned officials as duly authorizcd effcctive the n'd day of May, 2007.
COLLIER COUNTY HOUSING
DEVELOPMENT CORPORATION.
(SUBRECIPIENT SEAL)
/ ,1
--)0..0f J,
81'(--:1 (' , (,Mj '/oP..4.-"v-;wr-
K7ATJ-l1' PATTERSO\I, EXECCTlVE
DIRECTOR
ATTEST:
DWJGHT E. ERUCIC, CLERI~
BOATm OF COU1\TY CO\iMESIONEJ:S
OF COLLIER COLNTY, FL0111D\
By:
8'{
Patricia lvlorgan, Deputy Clerk
.lAMES COLETTA. CHAIRMAN
I. '
.~. ; f
" ".E
APpr..,{)V et.~"','~as4t.._.o,if?2m and
legn!iiuJ ,cj~I)r:
: ".,.' if II II!
~ i i/-l!li~...," f':f:
".' ' ~ r: l",J; ~
.' t '",>.,
Jeffrcj! A. )Clatz];ow
l\'1anFgil1t~,A..ssistant County /\t1orncv
!', -. -, i ~.'
CCl-JDC
Hurricane Hardening-Copeland
Page J(j of23
,~, -, ;z!
" ~~', \! :,:: 1::':21,; ~,J 7
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EXHIBIT "A"
SCOPE OF SERVICES
eOLLIER COUNTY HOUSING DEVELOPMENT eORPORATlON
HURRICANE HARDENING - COPELAND
THE SUBRECIPIENT 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
($] 24,923) 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 watcr services for several days aftcr the stOrTI1.
Prevention and hardening activities are not eligible for insurance or FE!\1A reimhursement.
Final completion date for funded activity shall be no later then April 3D. 2009.
The Subrecipient will be responsible for the following:
NOTE I: The SUBREClplENT 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 SUBRECIplENT 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% perforn1ance bond for any contract that exceeds $] 00,000.
NOTE 3: The SUBRECIplENT 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's approval prior to awarding the construction contract to be funded through this
agreement. The SUBRECIpIENT shall submit the name of the contractor to cnsure 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 reimbursement from HHS for materials or equipment
received and stored on the project site or elsewhere. The SUBRECIPlENT shall only request
reimbursement for materials and equipment that have been installed.
i\DDITIONAL Responsibilities are:
Develop contractual permission with the site owner to place the unit on the premises.
CCHlJC
Hurricane Hardening-Copeland Page 17 of23
Provide documcnts to the Copcland Civic Association and educate the community as to their
responsibilities for the maintenance and ownership of the gcnerators.
Posting of visible signage at the work site identifying the timding source(s) as mentioned in scction VII
part F.
c.
The SUBRECIPlENT nniher agrees that HHS, in consultation with any parties HHS deems necessary,
shall be the final arbiter on the SUBREClpIENT's compliance with thc above.
BUDGET: Hurricane Hardening - Copeland
Line item:
Installation of gcnerators, permits and
other eligible associated costs
Administrative/projcct costs covered
Under CFR Part 570. Subpart
C and J
Total
DRI Funds
$112.431
$]2,492
$124,923
D, STAFFING: Provide list of statf directly responsible for reporting and request for payment processing.
E. BONDING REQUIREMP<TS: The SUBREClpIE'JT shall comply with the requirements of OMB
Circular "1\..-110 (l;niform Administrative Rcquircmcnt for Federal Grants) and 24 CFR Part 1>4 in
regard to any bid guarantees. perJ(xl11ance bonds. and payment bonds.
F. FORMER PROJECTS: Failure to adequately maintain any fanner 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.
G. WORK SCHEDULE: The time ti'ame for completion of the outlined activities shall be:
~~;~~~-----
-~._-~-
J
I Task
Work completion
Plellse l10le IIIIlI Illll1)' o{lhese Ilcll"llles excccd Ihe limeiil1es /7." Ilt'o mOl1lhs Il reF/sed work schedule
must be submltred 10 HHS
H. REPORTS: The SlJBREClPIENT 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 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 E,;hibit "C'. The progrcss repCl1iS shall be used as an additional basis for l-ll-lS approval of
invoices, etc. for payment.
I. DAVIS-BACON ACT: The SUBRECIplENT shall request thc 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 thc rcquircmcnts of the Davis-
Bacon Act in its construction bid solicitation and sub-contract( s).
CCl-lUC
Hurricane Hardening-Copeland
Page 1& of23
J. COMPENSATION: Thc County shall pay the SUBREC[PIENT tilr the performance of this
Agreement upon completion or patiial completion of the work tasks as acccpted and approved by HHS
pursuant to the submittal of monthly progrcss reports. Payments shall be made as work progresses, but
not more fi'equently than once per month. Adherence to the work schedule will be required, unless
modified in writing by the paliies. Payment will he made upon receipt of a proper invoice and in
compliance with Section 2 I 8.70, Fla. Stats., otherwisc known as the "Florida Prompt Payment Act".
CCHUC
HU1Ticane Hardening-Copcland
Page 1901'23
;"
EXHIBIT "8"
COLLIER eOU1\TY HOUSING AND HUMAN SERVleES
REQUEST FOR PAYMENT
Disaster Recovery Initiative
Subrecipient Name: Collier Countv Housine Development Corporation (CCHDC)
Subrecipient Address: 4779 Enterprise Ave. Naples. FL 34104
Project Name: Hurricane Hardening - Copeland
Project No: DRI 05-03
Payment Request #
Dollar Amount Requcsted: $
STATUS OF FUNDS
I. Grant Amount Awarded
$
124.923.00
o Sum of Past Claims Paid on this Account
s
3. Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account
4. Amount of Previous Unpaid Requests
s
s
5. Amount of To day's Request
$
6. Current Grant Balance (Initial Grant Amount Awarded
Less Sum of all requests)
$
I certify this request for pa)111ent has been drawn in accordance with the tcn11S and conditions of the
Agreement between the County and us as the Sub-recipient. I also cel1ify that the amount of the Request for
Payment is not in excess of current needs.
Signature
Dale
Title
Authorizing Grant Coordinator
Supervisor
Dept Director
(approval authority under $14,999)
(approval required \;15.000 and above)
CCHDC
Hurricane Hardening-Copeland
Page 20 of 23
~~!L..)':;: ' 7
EXHIBIT "e"
DR! MONTHLY PROGRESS REPORT
Complete form for past month and submit to Housing &Human Serl'ice's staff by the ](f" of the following
month.
Status Report for Month of
Submittal Date:
Project Name
Project Number DRI 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 affirmative marketing yon 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 any potential issnes that may cause delay.
CCHDC
Hurricane Hardening-Copeland
Page 21 of 23
6. New contracts executed this month (if applicable):
Name of Contractor or Amount of Contractor Race Ethnicity
Subcontractor, Address & Phone Contract F ederallD (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 NE\V clients
served this month. DO NOT DUPLleA TE clients served in previous months. You may provide data by
either households or persons served. However. if one person received TV-tO services this counts as T\VO
SERVICE U)',"ITS:
TOTAL BE:\'EFICIARlES
This project benefits households or persons. Please circle one category (either "households" or
"persons"). EllieI' the nll/nbCl' of beneficiaries ill the blal1k ,Ipace and il1 box "J."
INCOME
Of the households or persons assisted, are extremely low-income income (0-30%) of the current
Median Family lncome (MF1). El1ter this I1l1mber il1 hox ":C. ..
Of the households or persons assisted. are very low-income (31-50'1,,) of the CUlTent Median
Family lncome (MF1). Enter this l1umher in hox "3. ..
Of these households or persons assisted,
Income (MFI). Enter this I1l1mher il1 box "4. "
are low-income (51-80'Yo) of the current Median Family
"'aTE: The total of boxes 2, 3 and 4 should equal the number in box J.
FEMALE HEAD OF HOLSEHOLD
This project assisted Female Head of Households REGARDLESS of income. Emer this I1l1mber
il1 box "5" helow.
BOX I BOX:; BOX go\ 4 1-30:\ 5
Total Number of EX:I'cmdy Vcr:,! Lnl'. Illcnn-,c h.'male Head of
HOII~choJds 0:- ('nsolls Lo\\. ]ncomc Low]r;come :Sl-Rm-;,) Household
Assist::d
1{1-30%) 1)1-.'10%)
, I
I
CCHDC
Hurncane Hardening-Copeland Page 22 of 23
I,;C\/.~ !TiD '','! "/
-.:',f .~J
Subrecioients 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:
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 Taole 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
TOTAL: I ,
., I
CCHOC
Hun-icatle Hardening-Copeland
Page 23 of 23
Item Number:
Item Summary:
'.cC,"o
Meeting Date;
COLLIER COP,TY
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EXECUTIVE SUMMARY
,~CS~'!d8 item hJo. '\J~,j
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Recommendation to approve a Domestic Animal Services Donation Trust Fund Budget
Amendment in the amount of $8,600 to Recognize Carryforward Revenues from FY2007
OBJECTIVE: To recognize revenues received from fund raising efforts in the later part of 2007
and appropriate expenditures for the Howl-A-Day Jubilee Special Event Benefit, November 17,
2007.
CONSIDERATION: All monies in the Domestic Animal SelVices Donation Trust Fund (180)
have come from private donations for supplies, selVices, events and care of the animals at
Domestic Animal SelVices and for Animal Control Officer training. Previous benefit events
have proven to be a successful source of private donations. Many donations were received
subsequent to the budgeting process for FY 2008 and were not accounted for in the 2008
budget for carryforward account.
FISCAL IMPACT: A budget amendment is needed to recognize carryforward revenues and
appropriate expenditures in the amount of $8,600 within the Domestic Animal SelVices Donation
Trust Fund (180).
GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approve the attached budget
amendment in the amount of $8,600.00, recognizing revenues of $8,600.00 from the 2007
carryforward and appropriate expenditures in same amount.
PREPARED BY: Margo Castorena, Director, Domestic Animal SelVices
~
Page 1 oj I
COLLI ER COl'NTY
,_,:)',i
Item Number:
ttem Summary:
F'''~;:'rm'' r'(j3Iwr-, h ,w; ,." ["J:Jfl!, .,11:, I nrrTI'" ,y r,,"(8" ~)n!1iJt ';;(r IUS' I. '-1'1..; F\uu;:E't
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Meeting Date;
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EXECUTIVE SUMMARY
Recommendation to approve a Lease Agreement with Palm Lake Investments for
the State of Florida's Conflict Resolution Office with a first year's rent of $32,190.
OBJECTIVE: To obtain approval from the Board of County Commissioners (Board) to execute
a Lease Agreement with Palm Lake Investments for a newly formed legal office for the State of
Florida's Conflict Resolution program.
CONSIDERATIONS: The State of Florida has requested space from Collier County in order to
accommodate the newly formed Conflict Resolution Office. Pursuant to Florida Statute 29.008,
the County is required to provide office space and/or lease space at the County's expense for
the court system. This office will be working in conjunction with the State Attomey and Public
Defender.
An office totaling 2,146 square feet has been located in the same building that is presently being
leased to temporarily house the Public Defender until the Courthouse Annex is completed.
The subject office is slightly larger than what was requested by the State. The unused space will
provide additional room for two (2) attorneys recently hired by the Public Defender's Office
which is located directly across the hall from the proposed office. At this time, the attorneys are
utilizing a secretarial station and a conference room.
-
Once the Public Defender is relocated to the Courthouse Annex, the Conflict Resolution Office
will relocate to an 868 square foot office within the same building. The annual rent will then be
adjusted to reflect the reduction in square footage.
The annul rent, which includes Common Area Maintenance fees, will be $32,190.00, and will be
paid in equal monthly installments. The County will provide telephones and the State will
provide computers for the office. The County will also be responsible for the costs related to
initial telephone and data wiring estimated at $5,000.00, janitorial service, electric charges, and
telephone service utilized at the subject property.
The attached Lease Agreement has been reviewed by the Office of the County Attorney for
legal sufficiency.
FISCAL IMPACT: The annual rental fee of $32,190, to be paid in equal monthiy installments of
$2,682.50, as well as all utility charges and initial set up costs, shall be paid from account
number 001-454050.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
RECOMMENDATION: That the Board approves and authorizes its Chairman to execute the
attached budget amendment and the Lease Agreement with Palm Lake Investments.
PREPARED BY: Michael Dowling, Sr. Property Management Specialist, Real Estate Services,
Facilities Management Department
--
Page lor I
COLLIER COl.l:'olTY
[~:,"f '<)r~f'y ':,;~:ll' ';,,';JhE',S
Item Number:
Item Summary:
';'f' ;err'!",' 'Ui',h(;f' l:; "'fJrru','(; H '> J"F' i',;:1rh~n1en'. wlii' ""iMJ; !_;)~f IrW"S'rlIC, L tile ,';,"u,
~1! ,',' ie, '(I,r. (;(nf!ICI '~",~,(;! il'll') ()f',C~' NiI'-r ~ US' V' ,j"S (')rt v' , 'C'O
Meeting Date:
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J'rcpurcd By
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.\ppro\'ed By
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LE:c,,-\I;AGE,EE!vIEl'T
THIS LEASE AGREEMENT enterl:d into this ._"_ day of NOVl:mbeL 2007, between George Vega, Tom
Brown, Lar!) Manin and Jack Stanley AhA Palm Lake Investments, whose mailing address is P.O. Box 10608,
\laples, Plorida 34102, hereinafter referred to as "LESSOR", and COLLIER COUNTY, a political subdivision of the
State of Florida, whose mailing address is 330] East Tamiami Trail, Naples, Florida 34112, hereinafter referred as
"LESSEE".
WITNESSETH
In consideration of the mutual covenants contained herein, and other valuable consideration, the panies agree
as fol10ws:
ARTleLl I.
Demised PrGmises
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR approximately 2,146 square
feet of office space localed at Unit 6, 2660 Airport Road, '\Juples, Florida 3..t: 12, hereinafter referred to <is the
"Demised Premises", for the sole purpose of operating a government office.
LESSEE covenants and agrees no! \0 use. occupy. suffer or permit said Demised Premises or an~ part thereof
to b;: lIS...J or occupied for an~ purpose contrary tu lav. or tlie rules or regulatil'ns of any puhlic aut!lnrit;.,.
/\RTlCU:: ::
TCrIJL0j' Leclsc
LESSEr shull hil\'t and hold the D:::mised !'rcrnJses for a t;:n11 ofthrec 131 yr:ars commel1CiT1~ on December J.
2(i()'7 nnd cnciing J;l11l1ar~ Jl. :(Jili LESSI~:F is gr:mlcd tlw option. pnwided it is nol then in dcfnllll of any of the
It'l"illS (If lhis LC;Jsc. to rene\\ samc for [1f]C additional term of thce (31 yeilrs, under the terms unu condilions JS
pnl\ idcd herein. by t!-ivillg written notie,:, of LESSEE'S inlention w dc' so te the LESSOR nO! kss thall thiny (:;0) Jays
prior to the e.'\piratioll of the leasehold estate ilCI"(:b~ ,::reLlkd Said nOlie,. shall become cffcni\e Uj)(lI1 Llc1Ual rec~.ipt
b> LLSSOR
LFSSLI:. Iwwe\'cr. reserves the rigln to lerminate this LeClSC. \,'ith or \\lthoul cause, upon ninety d:rys prior
\\TI1H:n notjc~ of such termination to LESSOR (ltthL' Cludn.'ss set fOI-th ill ARTICLE ~:3 ufthis Lease S:lid notice shall
he ctT,,-.:ti\e upon :Ictual recc:ir! n: LESSOR
LLSSLE ~11<lllllot h\.' rL'quired to pro\'idc LESSOR \\ith al1~ a(h':mccd rent sllch as securily dcpc'sit or holding
r~1l1 LI:SSEE is ta:,> nempt and shall pn'vide LESSOR with its Ta:>- Cenific,ll<: sho,-" ing its exempt .status
LESSOR acknc)\vledges that LESSEE shall have the right to relocate to Lnit 5, within the huilding of the
Demised Premises, 2660 Airport Road South, Naples, Florida, al the time of the termination of this Lease, or earlier as
provided for above. At that time, the annual rent shall be adjusted, and the rate of payment shnll be based on the
current square foatnge rate af this lease far the 868 squure feet within Lnit 5. All other tcrms and conditions
contained herein shall remain in efft:d.
;RTICLE], lient
LESSEE hereb: CO\'Cllunts and agree,; to pay as rcnt f~)f the Dernist'd Premises the slim of Thirt;-'-f\\o
TbollSlll1d Onl.;' Hundred Ninety Dolbrs and l'<o Cents (S:12.190,OO) per (lllllUm in equal monthl) installment::. ofTwp
Thousand Six Hundred Ei!;hly-two Dollars Cllld Fifty Cents (S2JJX2.50) ei:lch.
All n:ntdl rayment~ shall b~ dUi: payable in ad\<lnee on the first da~ orcvcr~ calendar momh during thc terrn
hereof I]'tht' terms ufthis Lcase shall commence on a day other than the first day of the month. LESSEE shall pay
rental equal to un~ thirtieth (1'30th) of the monthl: rcm:ll multiplied b: the number or retilal days uf such fractional
mur:lh
]n the cvent LI.::SSU: elects 1(1 retH.'\\ thi,; Lease. as pJ'll\ided for in ARTICLE
ARTICLE 3 shall b~ incn:ased as outlined in AnKle- 4.
tile fI:nt set fmill in
'\RTICLE cl
Renewa !J~t;:rlJ~__ Rent
In the event LESSEE elects to rene\.\' this LC3.se, as provided for in ARTiCLE 2, the rcnt set forth in
ARTICLE:3 shall bc increased rur the ensuing onc year rcnewalterrn in the same proroni(m that the Consumer Price
Index for l;rhan Wage Earners and Clerical \\-orkcrs-United States City :'\ver:.Jge. all hem-Series A (I 9X2 - X4 = 100).
United States Department uf LHbor had increased for the preceding ,year. However, in no event shall the annual
minimum rent be less than Thirty-t\\O ThOllS<lnd One Hundred Nif]et~, Dollars and "'-Jo Cents ($32,190.00). nor shall
<IllY yearly increase be greater than I O~"O. In the event that the Consumer Price Index ceases to incorporate a
significant number or items, or if a substantial change is made in the method of l::stahlishing such Consumer Price
II1J~':\, then the COllsumer Price ]mkx shall be adjusted jCl the ligurc that w{luld have resulted had no change occurred
irl'the maimer of com pULing such Consumer Price Index. In the event that such Consumer Price Index (or .oi ~<J.;,.'i;t:~J;Jf;'
or substitute index) is not available, a reliable governmental or other nonpartisan publication, evaluating
infonnation thereto for use in determining the Consumer Price Index, shall be used in lieu of such Consurner Price
Index.
ARTICLE 5.
Other Exncnses and Charges
LESSEE shall pay all janitorial services, pest control and utility charges pertaining to the Demised Premises
including, but not limited to, charges for gas, electricity, light, heat, air condition, power, water, sewer and telephone
or other communication service used, rendered or supplied thereupon or in connection with the Demised Premises.
LESSEE shall maintain the air conditioning filters within the Demised Premises. LESSOR shall he responsible for all
elements of the maintenance and repair of the building and the Demised Premises not stated above, including but not
limited to, plumbing, electrical and air~conditioning systems.
ARTICLE 6.
Modifications to Demised Premises
Prior to making any changes, alterations, additions or improvements to the Demised Premises, LESSEE will
provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised
Premises for LESSOR'S prior v..Titten approval, specifying in writing the nature and extent of the desired alteration,
impnnement change, or addition, along with the contemplated starting and completion time for such project.
LESSOR or its designee will then have six!y (60) days within which to approve or deny in V>Titing said request for
changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required or
appropriate alterations, improvements, changes or additions proposed by LESSEE. If after sixty (60) days there has
been no written rejection delivered by LESSOR to LESSEE regardin!;..said propusals or plans. then such silence shall
he deemed us an APPRO\' AL to such requesl of LESSEE.
LESSEE covcrwnts and agl'et's in conm:ction with any maintenance, repair work, erection, construClion.
imprcwclllt'nl. addition or alteration of an)' authorized modificmions. additions or improvements to the Demised
Premises. to obsl;r\'t' .11ld comply with all then and future applicahle laws. ordinances, rllles, regulation, and
requirements of the United States of America, StaLe of Florida, County of Collier, and any and all governmental
agencies having.jurisdiction over the Demised Premises,
/\.11 alterations. improvcllH:nts. and additions to said Demised Premises shall at Orice, when made or installed,
be dccmed as attached to the freehold and tll have become property of LESSOR, Prior to lhe termination oflhis Lease
or an~ renewal term tht"reo( or within thiny (30) days thereafter. if LESSOR so dirt'ds, LESSEE shull promptl)
remon: all su..:h addItions. improvements. alter8tions. fixtures and installalions \\l1ich were placed in. on ur upon the
Demised Premises hy or on bclwlf of LESSl:-J~, aud which arc designawd in said notice, :lod repair (lilY damage
occasioned 10 the Demised Premises by such removal and in default tl1<.'r('of, LESSOR !flu)' complete said removals
,llld rcpall.s at LESSEE'S expense.
ARTICLE 7.
Acces$JQ_Demised Pn:mises
LESSOR, its duly authorized agents, representatives and employees, shall have the right after reasonable oral
notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the
purpose of examining same and making repairs or janitorial service therein. and for the purposes of inspection for
compliance with provisions of this l.ease Agreement.
ARTICLE 8.
Assi!..!nment and Sublet1ing
LESSEE covenants and agrees not 10 assig.n this Lease or to suhlet the whole or any part of the Demised
Premi<;es, or to pemlit any other persons, olller than another Counly agency, to occupy same without the prior
t'\prcssed \\Tit1cn consent of LESSOR. Any sLlch assignment or subleTting. even with the consent of LESSOR. shall
not relit'\'e LESSEE from liability for payment of rent or OThcr sums herein provided or from lhe ohligation to keep
and be bound by the terms, conditions and Clwenants of this LC<lse. The ac:::eplancc of rent from any olher person
shall !lot be deeml:d to be II waiver of any of the provisions of this Lease or to be a consent to the assig.nment of this
Lease or suhlctting of the Demised Premises.
ARTICLE 9.
Llld_tO.l:!:!..lJitv and l.n~.JJ.@nce
To the extent legally possible, the parties will continue the insurance arrangements in effect al the time of the
commencement of this Lease, adjusted only so far as necessary to account for their change in legal position vis.-a-vis,
AR T1CLE 10.
!\1ai]ltenance
LESSEE shall. at iLs sole cost and expense, keep the Demised Premises clean at all times If said Demised
Premises are not kept clean in the opinion of LESSOR, LESSEE will be so advised in writing. If corrective action is
not taken within Lhirty (30) days of the receipt of such notice, LESSOR will cause the same to be cleaned and
corrected and LESSEE shall assume and pay all necessary cleaning costs and such costs shall constitute additional
rent v..hich shall be paid by LESSEE within thirty (30) days of receipt of written notice of costs incurred by LESSOR.
2
ARTICLE I I.
QSfuult hy U::SSf.J;
Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a default and
LESSOR may, at LESSOR'S option. terminate Ihis Lease <liter thirty 130) duys wrincn notice to LESSEE. unless the
default be cured within that nolici;' reriod (or sllch additional lime as is reasonably required to correct such default).
ARTICLE i 2.
Default bv LESSOR
LESSOR shall in nO event be charged with default in the performance of any of its obligations hereunder
unless and until LESSOR shall have failed to perform such obligations with ill ninety (90) days (or such additional
time as is reasonably required to correct such defuult) after written notice from LESSEE to LESSOR properly
specifying wherein LESSOR has fail~d 10 perform any such obligations.
ARTICLE IJ
:'\otices
Any notice whkh LESSOR or LESSEE ma) be required to give to the other p:J.rt~y shall be in writing 10 the
other party at the following addresses:
LESSEE:
Board of Count) Commissioners
c/o Real [state Services
3301 Tamiomi Trail East
AJminislration Building
)\.:lpks, Florid8 34! 12
LESSOR:
Mr. George Vega
c,'o Colonial Square Really, Inc.
P,O, Box J0608
N<lplc;;. Florida 3410 I
cc Utilcc (,f t~ll' Count) 1\t1omey
,\RTICLE ~ 5.
SJ1I~enQ~~:r !'l:!,'mis('~
LLSS!-~E co\'en::mts and agrees w d::li\'er up and surrender w U:SSOR possession of tilt' Demised Pn:rnises upon
e\plratl()1] of lhis I ,Crise, OJ" ils crHlier lermillalion, hroom clean and in as good conditIOn and rerair as the same sJlCIl1 he al
till: COlllmcllccmcl11 (lfthe term of this Lcase or m:!: h:1\'e hecn put h) LES;-;(lj{ ur U:SSE!: during the contillua]lC: tilen:oL
urdinar: \\'car ,:nd t:;;lr and dam<lFe h,\ iirc Dr' the clements hc:ond LESSEE'S ,:;"ontnl! excepted
'\RTICL1: 1 (l.
(jl'nerall'rmis!nllS
LLSSEE full) understands that the rulicl' and 1:\\\ enforcenlcnt security pwtL'cti(ln prll\'idcd hy law enforcement
agencies 10 lhe Demised Prembes is limited to that provided lCl uny other bllsiness 01' agency situated in Collier ((lUll!),
::lllJ L r::SSOR flckn0\\ Icdg.cs that any special security measLlrr:s deemed necessary for additional protection of the Demised
Prcmises shall be the sole responsibiliry and cost ufl.ESSE[ and shall invoh(' no cost or expellse to LESSEE.
LESSEE expressly agrees for itself. its successor <lnd assigns, to refrain from any use of the Demised Premises whi;:h
wuuld interfere with or adversely affectlhe operation or maintenance of LESSOR'S standard opemlil1ns.
l\RTICLE 17.
Radon Gas
In compliance with SeClioll-.fO-.f.056, florida Statutes, all p01rti:.-s are hereby m::lde aware \1fthe fllllowing
Radon is a naturally occurring r<1dioaclive gas t 11::11 , \\hen it ha~ accumulaled in a Duilding in sulTiclel11 qU811tities, may
1)I"(;,sl.:'nl health risks 10 persons who are exposed to it over time. Levels of radon that exceed federal and Slate guidelines
have been found in buildings in norida Additional information regarding radon and rmlon tesling. may be obtained fro111
your Cl\Unty Public Heallh Depal11mont.
.AR [[CLl' 18.
E[f~ctiY(~.[)_3te
This Lease Agreement shall b('come erlccli\'c uron execution hy h(llh I.ESSOR and I.ESSEE
\IZTICLL I~.
~~\_'Yr:[nil!$.)dl\\
This Lease AgrecfTI~'nt shall b(' go\erned and construl'd in accordance with tb!,: kl\vS Dfthe Stak olTlnridn,
IN WITNESS \\!HEREOF. the parties hereto have hereunder set rorth their hands and seals.
"
AS TO THE LESSEE:
DA TED:
ATTEST:
DWIGHT E. BROCK, Clerk
ny:
Deputy Clerk
AS TO THE LESSOR,
DATED:
ATTEST:
\\'ITNESS (signature)
print name
\\ITJ\'[SS (slgnalun:l
print 1l;111l~
BOARD OF COUNTY COMMISSIONERS.
COLLIER COUNTY. FLORIDA
BY:
JAMES COLEITA, Chairman
GEORGE VEGA. TOM BROWN. LARRY MARTIN AND
JACK STANLEY AKA PALM LAKE INVESTMENTS
BY:
C;EORGE VEGA for Partnership
4
; ,~; :~:2
'.,.1'
EXECUTIVE SUMMARY
0: .9
Recommendation to approve entry into a Lease Agreement for the existing Confined Space
Gas Monitor System Countywide that will result in a savings of approximately $27,212.64 to
the County, as compared to current program costs.
OBJECTIVE: To gain approval from the Board of County Commissioners for Risk Management to enter into a
Lease Agreement for the existing Confined Space Gas Monitor System Countywide, resulting in a savings of
approximately $27,212.64 to the County, as compared to current program costs.
CONSIDERATIONS: Three years ago, the Board approved the purchase of these sole source gas monitors for
use Countywide under the management of Risk Management The purpose of the Confined Space Gas
Monitoring System is to detect hazardous atmospheres, such as low oxygen, flammable and/or combustible
gas~s. etc. while conducting work tasks in tanks, lift stations, storm sewers, etc. These units have proven to be
an invaluable life safety tool for the departments that utilize them. These existing units are reaching the end of
their service lives and must be replaced or traded in toward a leasing program. The lease program was not
available to us at the time of original purchase; but at this time we would like to take advantage of it due to the
savings described above and the reasons outlined below.
Collier County Risk Management and each affected department/division has agreed to this program and desires
to tracle in the existing units and convert to a leasing program with our sole source provider, Inclustrial Scientific,
for the following reasons; .
-
1) Tracling in these units now will result in a $500 per unit tracie-in value. We cannot realize any tracie-in
value after calendar year 2007, which would resuli in a loss of $8,000.00.
2) The leasing program allows the County to achieve an estimated $27.212.64 cost savings over the
contract life, as a resuli of shifting routine maintenance responsibilities to Industrial Scientific.
3) The monthly cost of the lease program to each inclw/dual clepartment is less than the current cost to
own, maintain and service the existing units without regard to the cost of the time and loss of
productivity of the employee servicing the units.
4) The lease program allows the County to upgrade to new product models without additional financial
impact to the County during the contract life.
5) The lease program eliminates the need for departments to order new parts in all but a few instances,
thus greatly increasing the efficiency of their operations and even further reducing the amount of time
each program manager spends managing their gas monitors.
6) The lease program includes a monitoring service from the manufacturer that creates a redundant safety
monitoring system of each unit's functionality.
7) The above mentioned monitoring service allows new units to automatically be shipped to us within 24
hours of a detected defect. The monitoring service will detect the clefects instantiy compared to each
facility.s program manager who may only be checking the system 1-2 times per day or less.
FISCAL IMPACT: Funds are specifically budgeted and are available in each affected department based on
their existing budgets used to currently manage this program. There is no increase in cost allocation per
department. yet all departments will share in the savings mentioned above over the contract life cycle.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive
Summary.
LEGAL CONSIDERATIONS: The County Attomey's Office has signed the attached agreement as being
legally sufficient.
RECOMMENDATION: That the Board of County Commissioners approves the entry into a Lease Agreement
for the existing Confined Space Gas Monitor System Countywide as outlined above after review and approval
by the County Attomey of this Agreement.
- PREPARED BY: Greg Barlow, Risk Management Safety Engineer, Department of Risk Management
~>;H.!<': 1 or I
COLLIER COL:NTY
,,,
Item Number:
ltemSummllry:
h ^'01m''''I''Cln(J'; I,~, ap;':(JVe' Ii'", "'111/ :'-W, i3 i.0Y;f~ ~,~JIHI'Il1',"ll r~H t 1'0 f'>;ISI'-' .. (',n1':"",o
S;:'3~t' >'.1'/(; I'ter -:~jS" ,'" ~..ou ','101" ;1",,-,1 vvil' '~'.I" '" ~;J','; :J~ .;: 8~1,,,',P' m !ic'IV
. :~ ',;"t Ir_, ,'IS ' '-''''II)'
(.(,;,r:"\,cHCG,C'C1:t:"','ir-"
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Meeting Date:
"
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Prcpared By
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O:aIN}'t:"'''''eN
Date
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I 181 :'43J7-113~.:1 'iTX mu,t!-gas mQn~t()rJ02,-L~~-,-~Q C'~?J~H3L__..._-_~~-_-_21_.__ __-I,
! j S:IQ_QO. =6Q~7___J]asBajge Pro Chlorine Ci2 '_ _ 'm ,..
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I' Part Number,_,_ - _,__ Description ,___,_g::!:,a~tlt}' ui
18'104307-11014 -, IT>~ muiti-gas monitor (02, LEL, CO. H2S) 4 i
1-18..iQ~645-=_______~C SP-Sa~21G2_Eum2~='~:~~---..- ---------~---4--____1
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........... ---.---- _____________..__ ._..__m
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18104646 . iSP Sampling Pump I 1 .
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! 18105551-02 i DS2, iTX wi 2 iGas interface ! 1 I
i 18105841 DS2 iGas regulator wI pressure switch for 58/1 03L---2---j
i 18102187 Cylinder, Calibration gas CO, H2S, 02, Pentane 58L 1
I~---~._-------
i 18102151 Cylinder, Calibration gas 25ppm Ammonia 1
l__..~_.._____..__....____.._______~..___~.._
Part Number
'I Plnl,')07-1'0~14
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18105551 I 082, iTX 1
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18102187 , Cyiinder, Caiibration G?sq(),H2-,S,_02, P~nta!ie_58~_-,____1___
1\:011h \VaS1C\Vdlcr
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SCIlEDCLE C
SCHEIlULE OF SERVICES
Cllmp~1ll) \'\'ill pcrf()nn lh(~ Sr.::niccs n...:L:ninl:; 1(\ and c~nL)isting oftb::: fnl1o\\ing:
Provi...k ~l!1d ilht~~ll hardware ;lIl~j ~u-flwar:.' a~..; dl..~Llikd in Scheduk R. "hich sheill c8.librJlc and ~C'r\'icC' lhe dct~ction equipment
~L.k'lh,'d h~ CUSW:llcr, and cn~;bh.' CustorlhT iOlr:Hbmil de!C'ction r~adings 10 tbe C(i111pany ov.::r the ink'rncL
'\,)onitor the condition of the instruments from lnfc)nllali0n transmitted to CompaJl; \'ia the inL.:rnel.
Pre, i,-k- t',-:pi~lcc:nCnl il1~..;:rur1H::ll(:t.;) \\ hen ~:n ii't::;lrLH71Cnr p;,nbk:m is dl'I("("lCd.
Pr\~\ i:k rL"'.i:lll'i,!LIjnl~lL'J:: ;:~. J:,',:d:..'~; i f:'l,'~''-, j(1r 1"..'11::1: l''-li;
~L'kn1\:tL':: Y :irl:" (": 1\':.;:11. i
;::1"(' ~lnt 1;j(.:Jud,..~: II: niC ir:',l!11
[i,rl l--:""L: :~nd ,-;h~:l[ he
~j ~ (I
INDUSTRIAL SCIENTIFIC
CORPORATION
1001 Oakdale Road
Oakdale, PA 15071-1500
USA
Phone: (412) 78&-4353
1-800-DETECTS (338-3287)
Fax: (412) 788-8353
W\NW,indsci.com
October 3, 2007
Reference: Industrial Scientific Corporation DS2 Docking Stations
Greg Barlow
Safety Engineer
Collier County Govemment
Risk Management Department
3301 East Tamiami Trail, Building D
Naples, FL 34112
Dear Mr, Barlow:
The purpose of this letter is to provide written notification that Industrial Scientific is the sole source manufacturer of
gas detection equipment that makes a Docking Station Trvl which establishes 2~way communication between a gas
monitor and a Docking Station'M This DS2 Docking Station ;C" is also the only one that can be LAN network
configured,
The U,S, patent numbee for the DS2 IS 6.442,63961, Date IS August 27, 2002,
If there are any questions regarding the Information In this letter, please contact me at 412-'190-1912
Thank you,
w~
Jason Wright
Sales Development Specialist
Industrial Scientific Corporation
E-mailed to:
cc: Mike Kettler, ISC
"11 III
*CERTIFIED*
~----
OUR
MISSION
Design. Manufacture - Sell: Highest quality products for the preservation of life and property
Provide: Best customer service available
!~s:r: ;~O, ,;);::,3
i oi., ::, :':i::"'e-; AJ 2CJ07
10143
EXECUTIVE SUMMARY
Recommendation to approve a Hazard Mitigation Grant Program (HMGP) agreement
between the State of Florida Division of Emergency Management and the County for a
Multi-Structure Shutter Project and approve the associated budget amendment.
OBJECTIVE: To obtain approval from the Board of County Commissioners for a Hazard Mitigation
Grant Program (HMGP) agreement passed through from the Federal Emergency Management
Agency to the State of Florida Division of Emergency Management for a Multi-Structure Shutter
Project and approve the associated budget amendment. The instaliation of shutters wili protect the five
structures on the main Collier County Government Complex.
CONSIDERATIONS: Several buildings on the Main Government Complex currently do not have
hurricane protection for their respective windows and glass doors. Shutters are needed to protect
these County assets.
The Board of County Commissioners approved the submittal application for this project on September
12, 2006. This grant was submitted by the Collier County Department of Facilities Management to the
Fiorida Department of Community Affairs, Division of Emergency Managel11ent on September 12,
2006; however, funding originates as federal funds from the Federal Emergency Management
Agency. Notification of the grant award was received by staff on September 7,2007.
Total cost of this project is $203,945. The total amount of grant award (75% of the total) is $152,959,
with a local match amount required of $50,986 (25% of the total), with funding available in the
Department of Facilities Managements 301 Budget through the deferral of a FY08 budget submittal
for shutters to be added to the CID building (this project wili be deferred until the FY09 301 budget
submittal). Coliier County was notified of grant award on September 7, 2007. It is intended that the
provided grant funding wili be used to add hurricane shutter protection to several unprotected
buildings on the Main Government Complex. Til11e period of this grant agreel11ent shall end March 31,
2009. If grant funds are not accepted, the Department of Facilities Managel11ent wili submit for the fuli
funding of these hurricane shutters in the FY08-09 Budget.
FISCAL IMPACT: The total project cost is $203,945. The grant award is $152,959. Local matching
funds in the amount of $50,986 are required and are available in Department of Facilities
Management 301 Fund. A budget amendment is necessary to recognize grant revenue in Fund 301,
Project 52525-1.
GROWTH MANAGEMENT IMPACT: There is no impact growth management il11pact associated with
this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approves the Hazard Mitigation
Grant Program (HMGP) agreement between the State of Florida Division of Emergency Management
and the County for a Multi-Structure Shutter Project and approves the associated budget amendment.
PREPARED BY: Damon Gonzales, Facilities Manager, Department of Facilities Management
-
COLLIER COLl\T\'
Item Number:
Item Summary:
r"i"'-jd:m ";-I"Jr""Tlr:m
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[.111',,(" ,( ~ . JC'r,'
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~ r,;~ \nCo' :--. Uc r:1 ... "J' ,', r,,~ ,j II,
,1'-:] ,'<[:,;:.r('-,',)--,(' w;or II ("j
Meeting Date:
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Prcp:lred fly
[J3rT:On (~on/"le~
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Con~rflc1 r-~um:Jer OBHr<,'!-oG-O~(,21 ,Ot -0-' 7
CFDA t""rnber: ,17.039
FE8ERALL Y FUN:JED SUB GF!ANT AGREEMENT
-:-HIS ,D,GREEMENT !s t~n!cr8d in~o t.1}' ::md l1l.~t\fl-?eil tl"IC State of Fk)rid3, [Jivis!Or, of Emerflency
r,k~n?lg8ment. l,\'itil hS;:';ldqurll1rJrs n T<:~:'L3hass,x', t:IOt1da \'hGrelni?f~er:efc-trE!d to ~JS "DEM"}, .:1nc C(illier
County, (herea'1after refp.rr(~d to 2s:lie "~f~ci;1t":.;nt"'~
THiS r,Gi\EElvIENT is ENTIO":f,ll i:HO 8ASEC 01< 1 HE FOLlOV<,%IG REPRESENTAT ONS
A. \h'HE;'::~Ef',,:;. ~11~ ;::e,:lpi{n', repIe~;E'nts \hat it i~: fl, Illy qualitlE:rJ <::nd eLIf:'ihre tD receive U--le$'~ pranl
iundf- ro pro,',/ide !~lC ~,(~rV;Cf<; Ids1Vrc:: :liJ,-\~ill~ ;:l:-Id
f: \;V~E:[:..~EI:"'~;; [:::'1'/ 11:_::':- ".:<ei'-'~:"l; t-IC:.'?':;
iL wj:..~ :1'8''11 1hc' 2':;.ta1~ Df riorlj.<=l, ,Jf>j ~"c:;; ,he-
,-~I, !:
~:'l S;i!~:h;F.::lL ;::C-::S'~' j, 11..-,:-, I 1,"1'::' f-'~",~:
UP!) : jf-II? ':'!-r:.'~, ,:n( (;(i,";cf:l:,:::n;'; 1-:C-Sil'i~~:l(',; S8: :0:-:-1--( 2ricl
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,";,,', 'O'!,::' ji1~ ~'~L;JI,r:t ':le.I I' IU::;:il:\' .:'j,:rr'r,' ':'~ :i:lo';,';:_
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(2) lNCQEPOR}\TION () ~1"2,}VS. F:I~II_ES_8_EC;IJLA TIONS AND POLICIES
Both the Recnieilt an(J DElIA ,;!'1(111 be gt'Iv{:,:rn?d b~r ~p;Jli:::8l)le State ;nd Feder;:'-I] !c:\~)),
ful,?S ,:i:H_':' 1'-?glllciticJl~_
1')1 : ;''",1 ICllf~f~(~ :C'-iO:;f~' Id.?n11:11'~: lil A.tt~.:dln'!,::;n; B
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il:::I"l,r:::~ hereT'_ snd ::lrt:::C~IS{i
If';? () :lfE~' 'l~ 1">~~'~~[,P~~""'l~Jlt
!J::n
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I:S) RE~pRDf<EEPE.~~~
I:a) 1\,5 applicab!e, F~~~cipicnt's performance unc:er this Agt'S.e11H."nt sllan ;}c subwc' to thfJ
fcd9ral "Common Ru e: Un,fnrrn J.',CnI In I !;: (mtfIJH ROQulrf::,mC;Jlts fm S~ote ElmJ Loca! Govemments" :53
Fed,:::ral Register 5034) or eMS Ci"'CU]3r t"Jo_ /!;,,- 1"'0, "Cir;:1i'l(s and ,Agrecmel1ts \,vilh Institulions 0: Hi9h
Education, Hospitl'tls. and Ot\v.;~r NOrlprofj~ Orgfr1Izt.lti:'nfi," :Jnd Eoiriler Oh,1B C;i'cular No. A-S7, "Co~:t
Princlple~ tor State ;;.md Locsl G~_lIn)t''lmeflts,'' Cr\'lB Circ:ula~ No, A-21, "Co~t Principles for Educational
lnstillrtions," Or OMS (:;ircuJar ND, /-\- [22. "Cnst PI'inCl::de::: for Nonprofit Or~}3niz::1H0l1s:' If Hlis. Agreement
IS made ~,,,'ith a commercial irnr-pro-,Olt} orn~lnl:ati';)n on a cost-re\rnlKJrSCmer'! b<J:s!s, the Recipient shaH be
subreCllo fe(Jt~ral AcquL~;ItI(),l npl~Hlr,:ltion~, 312 and 9;:j1 2.
u,)) Tllf; Re-:rpic~;lj ~;;h:::dl rf,tclin s.:lffl(,:lcnt records d-e-rntn::;tr.a~w\~: it.::; cOmpl\C:ir~ce w'::h t18
iQr"I~::" of l'llS !S.,~1I~:;0;T1ent. ;:jrj" lh~, cC:I~,plii:~;lc('7 :"13:1 suIiGcntj'a::':lcr':;, .c,r consu rf;!lb: to ,I)€. p3b:J rm:-r: :lJl,js
]l'U'/lijec: i "lIjC~, t;--li::; ,\pl,:'€T,,:nl, :CI, 2 :i,"~rIC(: Of ~I'o'L t,:'::;;~r-~, rr'H- thl~ <hie' ~:l.s ,]udll f'~Tort IS !s::,ueej, Et"'ld
~'tl-,::'I: ;:;i!::.H',' ClEf'.'l Oi rs :'je~,lpf,:~e, t:-If.: i~'..,I'!'e<' (~-I~I,iI'l;::iai ~:::'lfi,;,:,:;". n' .,t:,i:'::':t~H Clf!II'~"HI ;~c~:<'ss tc, ~;L~C;~: rf'.c/1FiJ::.
:qi(lrl f\::,:;I,',:<':l, ill,:,: ,::::'LCI~)181It :,1;:::' el'"ISIJrf' tr:,J', ;'!j,.fit \'V{);h~~-IC! p:"l.:}~:~r:, ar~_'., r.i:::i:k: iCl\'-,:":d:Jle t;, !""~=r'",'i or I!:,~
:jt'~~ICJn8e. (~h),:'; F'jn3W~I~J O:l:c-f'_r (11 1'L".:'lur '..:l,-~:'I"I;_:' LI~)~)1i rl~:'qu:::,~;~,1;w i:: pr::'li:J(~ -::.~,tttVt; V,-"CiI'S 11<;-11'; t.'lt;~ cDte
L>-Io;c ,-.., dit ;~;pc)'1 i~: "--:':~UU:-, un ':.;<:;':~ "':tG-:I~:~'U ~:l ',',:'III'-'~! :J\( [1~r',1.V'.'lt'i tt~r~ f::)i1Ci":,'il1~1 r:'xc~':'Dhm;;:'
!1 :';['1':,' ri;I.::~ltic.Ii\, d~1Ii~-) c.I[:.IUC!li I':; ;;t8:t(-'{; ~,:::'fore HI!:: e\l'i~ailon of n,f: ~i\le Vf';1r
period CHlC c::tcrxls bc~\'on(J ti:e fi....e :/f.Dr pE~ri()d, lhe records will be maintained un1il nlllin~;jllon. {:I;:~irns ~)r
8wiit findmos Involving the reGmds haole been rej~olvsCi,
2 R6!GL)"-ds tc<r rile dISpO~;itjOn of [Ion-exp~nd.sble pc-rsonat propE'ny \,r8lued 8t
5:-5,000 ':.)1- morE! at the Inle of ,j:n;[!~~;1!Oi-' ~,J~;di t:e ,-(~i(1in[j<J tOI fivE: ',!E:~;-jr~; clf18~ rirl.;:f dISp,-"l~:ill()n,
'_', ~'>;I:(lrd!::
1(1 rI_':ll IJrO,",!:~r!.v ;4~-,;:~~jI;;rt;or'i ;,:11;111 t'S' r "i, i'1E'd 1m five Yf'L,~rs
utt!:'.'1 01 ~Itlc.
I';) T:v" ,::;'~CI[:I':';'lt '"I::lilr--:--I;:Jli:I;'iWI all JClt 'JI'(~S r:H (hH
8II(j TDr ;:,dl SLlDCDIlL;-:C[(lr:-, Ui
(~Clr~:;'JI~;'jf':~- to >,:~ P;:-iIC: frc.'nt LJ,--,j."j
u'-',':i,'" thF~ {, l'-C'i:!."YI-c.'i.i~, l'lCI:t':'llfHl ':.' iI'IP~I-jiil~: .j.Y:I:',l-,:'nL:::(I": "~/
;:;11 1:!fCi{ll-;:-Hn cost::;, in t1 fur11l ~)L,fi i:;II:-~nt Ie, ! Ji:'TC rnill'::'
':,1it! Inc' reqlil-,,'::Il"'-}.'lts ::~nd C)~~.iH'::~I\/'3.s of ri-Ie
L"JcJg-s't ;:[1c.1 SCOpto of V'I/or-k - ;:'.n,XfllT1':'-'1! A -31 IIi cd! D:l'1f!r ,:':pp!jI::';;jt'do laws and re(jui~)tlons,
l,cJj The Per:iFic'lL It; ':':f:lr:,:c',,/ef'><:; ,x (':ig~'l'It~. Incluc: f~~1 ::::11 ~;u:Jcontr:'Jct(J~S Of C0r,:;uI1;'Jrr:s to
bB j:l<.:id rr-::>rn funds prclIndcd unjer :t~i.:; .l\grer;i11Pnt, Soh81i 311:)1,',' 2GC(':::;~'; 10 Its l'e~:ord5 at rcasoii8ble times
:
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10 DEf'.'l. ItS eirlpio',l(;;;~S, ,~-:::ncJ "li-i(;I'11s. "RC~JSDr.2till:::" ~~h~lJI :Ir~ Cnl'I~;true[j uccording if) the CIICUlllstS:IGeS bJt
Dr'di;'1w:ly Sh3111.'Icun dJrilln .'llJr:lIEiI b::sirL'ss liD;,H'5 (If 8:0C :l.rn 105:00 p,rn, IClr:al time, 0.'1 (,..1oncJay
th:'ough Friday, "Agents" :'-;"'i\U ;nclLldf~, flUl not bl? 1111 itcli to, ~,uditors te~'::lIn?d !")~' [..EM,
(dJ ~'JJ.Q T RE~I!)16JJ::i~NT~;
tal The Rt:"~lpi€nt 8;Jrf,'es to rn31~1tclin f:r:3rlciai procedures and SCf\;Jort dOCLlm€nts, In
;1GCc.lrdanC(~ '.'l/'U, genf::r311y .J::cep!p.d <Jccountlll~' prlilcipies, to account for t:IC receipt ~1nd 8xpendlture of
funds undar tillS Agre~mE:nl,
{hi T:lese (i:(;or:j; .':d"'i811 Ie c.;v.;ikltd0 ell i~11 'CLJsc,n8llk~ (1r''18S ior 1r':;:,~p8ctlrl[1, r'OVlew, or
2,[di; bv '3t.][,-, pr:-f<:.;OT-;(-::1 :'~rl,:j ct:-:2r ;'\:-~r:_,on;-;'O:'I .:'~ '''- 3U,!'.('IIZ ~'d l:,j.' ;:::'~r'V1 "F~'2;~c~crlcJl:,I:.~" ::J181i tv,; Gvn:;,trlled
:X~::(lr~!ill':.! 'to ClrCL.:':T]~;>t;;nc.:;.:" i);I~ I)'cii: ,;:)1
~;:!:::I~ "1(-;;+"'1 rIG,T;).',,: 1.'LI';):lf',;;f, jI[IUI'~' c,i h::)iJ ;:",_,'1'1 ~u .')'():J pm"
ie,c;,',): [li:O';. [',,-it): Lt \- jh~CJLJ~ill ::; Il' '='_:\
,:i--,,:, II'c' ;-':~~C::I,_r~: '-,,"'11: :1'<, l~r;~I,,:,il =:t:..i.:", 'I,::; ~:--;('- D,_":,1.:.:,:r;~I[:,i! ':,1',['" t!':~,-: WC::iJI"(;S, rCl~:~;li:-;.
el: :lllC,n::::;CJi
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lit-::lt 1:1'..I~;t ~k:\"r:--;" :ii:IC-lrt CJi pi'~)Jrarll :'.;-'>:':C:itiC ~:JlJf;it C:;::il'I{~-ICleD ;il
~}:GOtd.ancc: winl lilt' rX::lviSitJi'IS Df OJ'.l13 Cir:t..:]:']1 /\-1:13. d:: rcvlsE:CI. EXHJ81T 1 to 1I':i::; hgree:ilt"'nt
i:'1tiiGates FerJcrcll reSQl,rc:es E:'N;-mkcJ 111[OLJ)h [)[rVi b']' till:;, .I\;.1recrnent. In determinrng tile FedefiJl
iJ'N?'If(jS (- ,:pended ;n Its fi3cal ',,if::,,:r, !lie C:::('.'c r11'?i'1t ~;rl,:1I C[)'l;~lcer 8,11 ;:our-ces 01 FC'C~'3:-;!i ;'~""),;:rcs., 1III':_luc il"~1'
~',',-<I.:::i2;1 ':;::S:).:!I, '.'~ l'2,j:' ,,;,,~,,~j :i'A';"i i..I~!':! ! I-Ir-; [!r_>','_:'-nill'];': rein (1; ,;["1:: L!,T,~ ,:< Fcc~'r:~1 ~~'.'\.',:HCj?; f:::xr'er:r!~(,~
.sILUI' j ;tf' II~ ,:::CC;(j 'i:::~"lc.j~ \,'1 \';1 ~I,:::, c
::r,c~ ::;:,<,[!sr-:~\.: tl'" c.r;;E\ ,,~ir{:,Jlal i:\,_ ;:',::'., J~'; ;f.y,';'r::.t<l i--ir. '::j;,J~:j: c.f
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"l:~ 1'c""'!:;~:>!, ,:..d: tT[(:r:,t :ilf:- iCC,III'~" I( T:I ~ :;: :'1;, ;J~:I ::~ji ';\),'i
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cd C)j...-jE, l:I~CU:3r
,L_ 'I :::;- (",: '(:\'1st:;'r~
I] ~t+~ F(eClplult nY~-e-:'I(;:; j':'::'3::: tr~:cJrI :i::,>Uu,O,:;(1 11': f 1?:~'r,,~\1 8'.'''-;:jf\:~ WI itS. b,C:.J1 \,'I?HL ;o-1r: aL:C::!
r;o-r~d:Jc:t,::cf 11'1 ~lCCDr(Jan(;(~ ','.'Ith t:lf'~ i.tf;:Y.'i:;IO;':S fJf Ot,,'lB. CltCLd,:1I' ';-1~U, ;~::; r~'Viserj, i~ IWi required In lr.!?
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8vent tl";.;3( lhe ReCipient eX~'8-n[js jF:~;~'; ttwn $C>IJO,ODC 11'1 Fs'derai d'l.,'iJrds In Its fiscal ~i{~).:.~r c:':'ld el{"~ct3 to
tli:ll/O (,In audit conducted 111 i}ccorcB"IGe \o'iilll th8 pro'~iS][Jl1f, of Ch:lB Circular A-133, as re'/~sed, HlE' cas! of
the Gludil must be p;:;Ii,j from non-Federal rcsoul'ces (Ie. the co::! of such audit fnlJ~;t be p~-i:d from
nec.ipienl resources olJtalned hom (-tiler :h8f'1 Feder;:.! eli,tilif:Sl,
(6') Copies:}f If'TJC1rlmg pa::kaQes for ,ludits cor duct08d in .accord~nce 1,'.'ith Or'..~8 Circular
A.1~~3. 3S revised, anj reql'ired ::'Y :::;ubpar~grClph ~d) 3tl()v8 Sh81 be subrnl!tod. when required b'y' :5ectiQn
,320 ((I), Or,,1B Clrclfi8r A~1~3, '-:$ rDvlsed, by or on bEhalf of the ReCIpient diu~'(:ll.Y tJ 88Ch of tile (ollowing:
The Df~port;-nenr of CCJmmu~ilV Aftarrs at c3ch ..::>f the r"ollm,v:ng addresses:
Dcp3r~nll'!n t of t-:l)iTlmunity /-\ffajrs
CiTI(::C ot ,i:\l1(:II-; ~)E'I"\/iCe~;
2!:::EJ:S Shl: Ti,:mj ':::~,:Jk tl,ouli:~\,'n:d
1 ~:Jllat;::S,SE':f:, FID!!c.Ic3 ?;?3~)~j-2100
;with an f'-dl::ct-mi'C U\j'y ~:;~mt t:, the L~bG""c D':tiu- In ,!uril:r:~
:-;ta:6::11 u:-;.J
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U,"/I:':l',:irI ,,A I:. r':~1Ci'~':r'jC'" r\,'L~1t~:~lem':':'~lr
E"r]i:,,3l! (If "t;][ 1',;lli~l.l;]t.I;)n
'::'-'15~1~'I'lnl~.1r'=~ U~~l; 8')UIP.",";_Cjr(~
: ;:l!~,"':1 J';S;:,~f-:, ;::i"'ij :-:~, J;~',::',:l~I_='l C}U
'i' I"E:' Fe(1c~:al A.uciil. ;:10;:lrulgh:JLlS'~' cjf,~,:rYI,4i:';0 If; 01\,.1 C (,I!eu;m /,,' ,.:.. 2~:, n;'~'I~,;~:ct Ii,' Ir: ,i:,I;'(:l:,cr '':If COOie:;,
f8Qurr-SG :;~,I Sections ,::?O(d:II'J) :'~;Hj (~'L O(I,'1[-{ ,:':':i!'Ct_!I::'i-' 1:"-'132 ~s 1'~~'J:sed, S~-I::'ullj J8 ~;ut.nnlt1Htj 10 ~hE'
Feder31 Audit Ckafingl)ou~ei at U'le f'J1Io'.ItIIr:n ~lddr2S$
Ff]delal ;\uclit CI(:(j[ In~Jhowte
E:ure~"1L1 uf ihr:: Consus
-L?CJ"! E3f,lH)I" L:;1r'~:d
,JC:~ii?I:';On\'ille-. IN .171:12
C'I:I!~r F<:>j,,:,;r::il j,i~iC'0C!8S ;-'1nlj :l.:lSS: ;:ltt)J(ifl [':;tlj.-",~, In ::~v,c-rc:';c:HlCC '....'1:11 Sc:ctiCTl;~; :':~2U
an,::; (f), Or',..i2
C,!r;~Lj,:~r i\ i 2,3, ;3S If',,'!;;:',':::
,:f:1 Plll~:~\.ir..lnt ~r: :"::;t'C'tI:}i'i .::,:'~: ,:fJ, ()r',,'lF', (:ire,.:I;,:r .A,~'~3:!, i.:~~ :-e....I:;[,~C:, ~hf::, R(:clpl',::r;j ShA;J
sul:,rnil (j cerpy ()f Hie reporr/'I~) :J3cf-:.::IDC (j13scril:'('I; In Si~,:tron 3/0 (c~, Dr,,'iB Cr,,:u!~'l: /.1,-1:;;3, c's re\/jsed,
~'JlI\: (:1"1',1' rn :Jnar::c'm.c;[-:i ~.<~tf;:'r IS;l Jf-~:: h',,' tll;.:' ;'1 :'~.: Itr.[, !n :!;.:~ i.Ji;;ur:~Tif_.-,r,t '-11 >::.:JO I UI L'le ! I ):~r_f'.""rn!J ;-;-dd l>2s:-ies:
['c-p8!'tn~~:rl or C::onlIT1Unl!y /'J.,ffH:rs
Dfiice of J\udit 38 -','iCf;~~
:2 ::;55 S\"L:.'rlart! (1;:- k E:ndo-v',3rd
T:1iIEI13~ (;C~C', I' kmd:::! J~-:nr)-2'1 dO
['i,'\'lth Uf: Gleci~(Ir;lc cory ~;UIII r.o nl'.--, ,;!)I)Vt~ C,I!iCL';: tc i\ur;I,3J:!'':jrrishl;~;'L'c;:__~_~~;~,jte.fll.-'s.j
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Di\/!slon Dr [:l1ergenev Iv1Elri3gfmH:n!
Bure,3U Dj I:;OCDVery ';::ld 1\'1IUgafiort
2b~i:J Sh::"lr~lal'd O;~d'; Boulf:-v;:HcJ
TLlIIC:.1l3ssee, r )(;"I(;d :::2'J9SI-2:ll0
I,g) A.ny !'(!pOri,S, ir:,jr'~~:lc'l1el1l ie~:er or Oller ir fmn,?lion requlrt;~d to be submitted 10 ~he
DepEJI'trncfl~ or DE'fl..,1 ~'U[SU2nt lo tillS .Agu::c:rrv:Jnt ~1",811 bs SLJornl1led jl~l:ely i'i acconlance \,oVltt1 (Jr\.'lEi
Circular .4*133, Flonda S~aLtes. c:;rld Chi,,,;ptl'rs ~Ci,:)[lD (!nc;llpol,'ernmenlar '2'ntities: or 10.6!JO (nonprofit
2nd fClf'profl, {)rg;Jni;':~:(lon.s,), Eul'..::::; of U'If! ,;:\I.:(i~ioi Cl:rls~-Eil_ ,'IS <1f"pilC;311Ie
U'i) F~FI::ipiel-;l, \'I'f1c'n S.I~:I'lltj:::~1 ;111tmcl~;: 'f::i(';itiIIQ ;1"'H;I;,:i~JC'S:r: [IC~'.,~ tOt' ;~IHJitS ,jClt"f':n
2c::crC,,:'-iC2, 'A.';(:I C.11"IH::-: CI'C..Ii:'ir L,_.:~~:; ';); Ci-'2::::.;-~;:; '1 :,::~:.c_: :'IY:3,' \:;;'j\'ct'm--Ii~:J:(11 t_'~::I1.:~~.:1 OJ in f,::;O
nc>n~"::);-II ;'IK: fCII'-rlinfiT or9..:::n, ::q:')J1',::; f :-'""01 "',':'3 (If ~t,i-' ;J,u':":Crl "'1':;:-;::1. ~;i~o~.Ilc inL::::tlt-::- tn{,: r;r:df: 11';"1; ! -lC'
rS~)(I:I: :~?;C,;;rL:' '''::::~, :1;,:iIV',~:~.' ~(, :!"'" :'~-C~,'::I,r' TI c':) IT :",::.:cr:'I,:j,--
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li,~~~""IC 101 ":"'I['I'<L~Ur'~,p:'" 'lj~: t~-, L'~:~I""" :j
fl, :,. I~\::: :',I.'~.::'I: Ir, ,';r:~:,':G.:-HI(>::: '.'v;t:', tl-, [-::,,(' cq'~~j.\;\'Jbl;:::. r"p.QUiarICI:~
.-';!'1-:; ,iJ.,;treBrl'l~~n! prC"';I~; 1I,If 15 -..,..'1111.1 I fliT;' , ,J,!.1
;~:H',,::I ['E..I',:', li,_~~ nGtlj-ICd !;-:t' f-:';f:CIl.'I'J:'ll (Ii 51Ji~h nUii-
compll:,j.l1C8"
G) ThE Rt~C'picnt Sfl;'-i 1 helve c':1I1 E-uclits ::onpleled by an irldcpen(!enl certified pul~i!ic
:1(;CO:"'lnl,:;n[ l'Ir:'A) '{1.11'-10 :ii-hlJ!i E:lth~~i ~)(';] ',-;9: firif.'j r-Ijrll,;ic;:: c.::nljrl~;:;(l: or ;'1 pu,:)~jC >lr:;'_:Ciurtcml ,ilcen~~:c\.l u;,:jer
Cr-L::.U,tc~! '1/::\,
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c;uc' ..~, 1i'1i"; ,::.:u-cJi: :r:\i:'~' ~_-:C' .h. ;'",,"
:,) 'I" :0, 'i':, ":'_":i I : I," ::";..':: 'ii:",! I '-.C ,,.e'" '-;') 1-',[lI-! ii-iS fin!:; Ii iI,' TIC, (,:
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(TI REPOBTS
la-i ,'\:, 1~'ln:, ,..Iii :.:'V --'^~r' 'II-:"'::~:,!I: '->I'" :'i" i)[f/ \,.','1:'" 1"!1_;:-1I1(':11",. r,~:,:,)r'~:'" ~ ;";C: ,,"j
:::CJs',~':I!;! ['c~(1d T:1(:'3'2 r~'1 '-_;r:~ :,h::ci! Ii ',~!:"<J;' 11:( '.L."I"J;:II st.:-,",tw~ ,:'],"1<:1 pr('~~I(.::::,s =-'v tl:I;: 0::q:-l,:'':;-:i' ;:nej.;:
St.';-Jri.':';:jll-;:,:nts :-,nd 'S:J:::'C;';::;','-::: ~)ct:n; 11'1
~:-j( ''''i'.ill '::O;:!:;Gi-lti~(~ If, th.;';' ~3ccl::::'e (1] \-\!::Hi-r, ci:'ld rhe
I,:'>",lx"ncil!lic.~ or rlLvb urn];::;, :1'11';
<51:, !1 :"J::di\I;X, !(J ,~;ii.':,; I o1her Jf1fol'lri~hl[; ;:';:-'; u~~;ucstE::c' h~.. [ILr',,1
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{b} QuartElly re~lorls arE cJuu to bE- ;"'E~[.uivcd tly DElvl no kIter their' 15 days aftef tl8 enej
ot €<'1ch cuarte( Of the program year and ntl,:lll cDntlnlle tD be SULJmiHed eactl C]uElrt.~r until subm;sslon of
the adrn:rllstrative clnso-ou~ report, The Emdin~ d8tm; for ePoch quarter of tl)e program year are r.,trlfch ~~O,
J~.Jnp. 30, September 30 allc] Dt1~,;ernr)er 3'1
(c.:) Tr1D clcse-nu~ -crort IS dlJ€: 60 d;: y-s ufter terrnination of thrs Aoree~8nt or upon
completion of the .actul1fCS Gont.:"Jind(/ in thIS A~1l'C8ment, wTliche'Jer first OC(:llrs
{(j) jf a(~ re(~lJ!rcd reports u;1d e'::1pies. presGribe::1 above, ate not sent to DE~'~ or 3r'2: not
completec H1 a m2nllE'f acce;:ttable lu DE:M, DE1\,.111iay '.Ii thhold further I)<tyrnents until they- j)i'e complC\0d
or r:Vl~i!8ke ~.uch o(t-Ie.r act\lFl <JS Sflt ;'Cltl~l In F':-:::~~~W~'ir~h ("11 \ F;EI':'~D1ES "Acceptable t,n- DEM "rrlcans
lhE1\ i"he VT.-'~Jrk prClO:,-IC:~ w,~s com~;Ii'~l":'d In 3CU)Tj~F\c:e wi,h hE: Bll~:;lct and Scope [Ii \Vorl'.,
I:e:l The r;f'i:lr.\10l: :,r"~11 ~liovi-d:;~ '~uc,h 3oc!ilior.:::JI pro~Jr.:JfTI uf':,d;,'Jtcs (,r In;CHrr~a!i(JI: (,IS m3\1
:)i~ 1'(::-jUli f:c: :'v [)[J,;1.
"Jrl:; Rc,::I:xen~ '~;'I,::i: ;_!rn\.'1i...1~::- ~::::!C:jti:::~ld! rcpmL:. ":1:"10 InrOiTl<f'1;OI-, ~!~; rdel~tifrf,d if"'
_':",tt:'J::: 'I~~ 1 <:'r< F
:,':; ,I r'1;lDhJ[I!~j8,LL2
r'-Il~ i~'~:C'pi'::"'11 ;,ii,;li n<)nit,:,.- r'::, :::,":TiD"rn"lr:ce !~"dcr nlis A~H(~~:~rrI8"IL ;;~~ \/:,,:::1 :~:"; that uf lIS
t::r_lb:::ontrc~i';t(lrs. ..s!..,~li+:cr;'I:cnts ;C:11(j car sultanr~; 1,1/t10 3fC pDIC 11(HTi fUfld:; ;J!'o,/,,jec) u;ll:lar tillS A!;Jfe-.:~nl,:.~;lt, to
€~nsu;C' t.~;:111jrne sched JrHS lJre rnel, (lie Budgei tmd Scope of \'~v'ork IS .2ccornpfishecJ \.vith(:n lhe speciiied
tJme poriods. .and othor perfo,~m<Jnce ~'O~15 staif~C In this Agn,;(~ment <:Ire cJChl;:)Vf)d Such review ~;h8 I be
Il1tidc for each fllr'lctlDn or actlo/itY" Sff, forth In ,.~"tt~1cnrnelll f-, to this Aurcenle-n!.. 8nd r~pDri8d In :he:
'Ju':'lr1erlv r'~:port.
In ,:_icJ;:ltio;l trJ rr:::'.lV'-'L'V~: d ;=n(jj(::: c:Jn,'jllc[I_T il :~~;'::Ci!:-J.:;lc>r-';c '!;;1h (Jr,)13 C:lrcul;Ji /\-'133, ,'lL' rC'</!Sf'd ;:;md
~C~!Cli :~'i~"q7, fLL,.::;\;::1.. (~~t:i'
,[I::) /"I![J:T ;:,;:=:ou;~~~r.:iENTS, 3:)(';-"'C:1, r:icn:U,i:1~~1 piOi.::C-C'Jr'f:'s
rrr,:;:y lllc!uei!::' ~!ul ,'I~Jt :.1[,' !lrI,IEf,(] !u, '~'n,::,Jt~ ~"i;:,lls :'\' ["~i'/I 8t(I::, llrn]t~~d sVJpe ;:]I;d:j~~ c]s cdllled llv C,Hvld-
C::rC:liar /.\- :23, a;:. :e'.!rI,:,~j, C:d~::,'IJI (iU--~:r plr-J~~t;"'ll:,:r"'~s 3"'- t'i,jpl'i!"I~: 'rite:. t'1<: /:',qrc'2mr;'1:1 tl:'~~ RE;;:I[,\IC:l~
El:~,',2~':'~, 10 comp!'),. [Jill' CCIOJ(::-1';"II~~:~ ','\'I~h ,~'I tTlOllitC:ill!J !:liCi(e:r\'Ht::s,"pITl~:~~,:.:>cs <]"E':";r';l(xi r:lppm;lIiat'3 by D~:}k
In ti-18 eVt:r:1 that DEf'v1 (k:tE'rrnj"',e~~ Ih:;1t. <~ l~r:-w~,>d sco;Je ;::iJdi' o1lhe I~ecir}jenl I~; appropriate, 11'1,:.-: Recqlif}n{
d~Jr(,':'3 to r;",r'lpll/ INltI'l :-)lr~,1 adcni.:;,rnllr:';l:ucl!(}!l':', r:n:".:lc:t~d h;' ,~)EM jc, the Rec'ple:1: r{':~Jt:lrding SUG~1 a;:cJlt
It'lf: ReCIpient j'.Jrther agl'ee~; to cornp!y <..:Jl'lfj cCiope-'.:~;tc; '1.'ith ;-O;r1Y inspeciions, n:~v!elt..s. ilvesllgi:1t1ons Or
G
8Uc1I;,S oecmed np',ce:::.sary b~.i the Ccr'l;:.t!I,Jllt'H 0r ,:-\Uditur G<.::l"lflf,::!
In 3cJdi",ion, DEr',;l vVI!1 ~1Dni!or tile
pei'j\)f'lI1~lrlCe 2nd f1rl~nGlal m0: l;JplJr,'I("~:lj l)'~" !r18 r~eCII: i-ef t thr0U~lbQut t~le contr,~;ct ti:;rm to e:'];,,;ure timely
CQmplGtic1n of all t3sk:;
(~~~} l-L';;3.,UTY'
(il) L'nlf;$S :'~Oclpl~:rt i~ a Stete ;)O'.?:1cY:lr subd \w;io\l, as (!(,flnC'd In Sect"iC'1n 7G8,28. FI;:'l,
~J?t_, U.e- Recipient ~;~I~~!I be :;clely 'cspon~tblc ID ;::>,':Iics 'o\nttl wflDill it sl!.JfI deal In ':::arrying out the ter:1ls
of thiS agreement, and shall hoW ClEM h3'rnlcs~; agi"li'lst ell c:Ciins oi \I\''h.atever n~i:urtl by third [,3rt.::~s
arisl[l~ o'..Jt of the per.rJj'nl,?inc.,[..' of 'N,)rk :..mcl'3r nll-:": ::Jgrr::'81T((;!" t Frlr ,Jurpose~ of this ;~!Jre0nlenl. r,\;?CiDlent
~;qr-ces tl3t IllS I:'.J! 3j-1 t:r'qjj[,~,:(::;:-, Pi C:1~i.?!nt ':.If L'I:= f',,1. 1-,[[: is i1l'l 1II,:k'p-en(ICIi: c('lnl~~~C'-r,Oi
(~l, /\.n~/ Rf,:::I;);'::~-lt "'.':iC i~ c:.1 ~;!,i~I:~ c:~::-=:jlC'i {)i' SU~J\':ln"i5iOrl ;'J;, LiS'ft-I{',"I~ 1:1 ~~eri :::.r1 ~'{A:,?B,
::Ig!e~s !o ~~, ~~Jiiy :;':,:,~!C:-I ':11 ,If ~C' :I-:e '_~>:;l:lt 1 if:J'.,'[(jC:;J I)',' S':'CtiOII 7,::t'2e
fd: Ii:;
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If any uf tl"H~ :o!l(Jt.''''lil~i e\if'!llls OCCUI ("EVE'flts of D[~f3ul:"), all 'JbiJpatiNls on tl1e p~.-F: of
DEM to IT....'3he elT~Y furth~r p~~ment nf funds 1-1f~rc:uni"ji~~i she:!!. if DErL." so (:'lpcts, telTTlrnate cmd DEf'..1 rray. at
Its o;:)lrun, exerCise- ";n~1 of its "'--:-I;lCCJ!(~S ~~d fc,rth irl F\~!)::I'Jr:_';,lh \ 1:) bUt Li::.-:i',,1 rr~<:.~y make ~my ;>:cJ\,Tr;('mtc.: (1;-
I,;"rl'; ot:-I;,:::vrli'~"n~S .::dii-)r tile: 1:~jJf-jf-'r;H:''-) C'j
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Ir ;,;!, re::;:,t' I ~I or if 1: H: r ,~,~, I :]<:(' rl1
._'~'I(~)' '=''' ,1,t,C;::':, n:":' ~~':\'r:::_-'. r-'f;': C;i~- '-' I
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no: ;;:Hi; j ::;rj~-;il lil tiT
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\'b) I" ;lny rnaterral (j[;vCr3e Ch(Hlge ;:;jl~'j! occur H"I P18 fn....,:.:mcliJI centillion oj tt'le ReClp!f-..'!nt
<11 ~lf1Y tIme our ing thE! terrn of tt-'IS ;Cl.9recnem. i~nd the F~e('lpienl t8ils to r.ure sclld rncltcnal adverse
dl:_ir'igc 1,'.'lthin Hurty' PO) (ja)'"5 frO,'ll ~Ilf) trme nit: dc1te N:irten notIce IS se-nt by DEM.
(8) If any r,:po,-:s r(!(juired try II\is Agre~1T1nnt n,'jVE~ not het:n SLi;Jmttr~d to DEM or 113ve
been -submitted with Incorrect. incorr p!ete or Insufficient Jilt Jrmation;
(d) If the Re,cipier1: has I;lilec to perforrn Aile} complete In timely iashion un)' of Its
oblig2t!ons under this .A.nreement
(11) REMF.DIES
Upon tr!'81HJJpen!n~; OTE:f Ev{:",( of Dt,'fault thf>f DEf',l; Ir1t1'}", at 115- option, :Jr)on tl~d:ly (30)
Ci:lIC:'1,dcF ,-j,,'ly'';. rr!Ctf vvn~icn r~)llu:' fc tl~2 RI":::':IPISli ~,nc l~;'orl lhc I::"e:lpicnt's f;:"liwC' D C~Jri:: \,viUlin J:.~aid
ltJlr1\ GDV perir,cl. czerC:I:;;S ~~:r:'v' ;)n:~ Or r~I()rF' Dr the jc!;I,)v/l~~l n'rr1cdie~~, crrhel ,:',('; lcum:::r':]!v cr
CD;i~,':- [~Ljti\'?ly
~;;:, i!:rilln;~[C :;i!~; ,'\,;~rC'Gn;~;~IV P~Cj',,:Ul:f_, "h.;:-,: :iw ,i,:eC::lp1tr1' r::,
~: 1>:;2,,'~ tnlrl\'
r:!2YS \~jjT:)I ,:.,'1 Itt,>~1 nCltic, l'lf $~JrJ' \:~!r',1~21I{J;'1 i I';? :)~ ,tIC~~-, .', 1;::'1 '.ii:' pj:(-:~crl',I',~' ',...:IWi"1 ;:'; "'~~;;.:.,-i If' n':t; U:;n,::;d
~;-'i8r(?:~ li:~lil, flf;-:;j ci(:~,;;; ~Tl.::i1. 1")stC:I-~;~:' 1;r<::I:;::::ic~, ~l -C.- ~~i(~r(:,
:::-u ;f:-:i:j ill';iI-i~'!-:LJr(1
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Ii Ie ,~;,:iCjri~~ ::, ~;c:i f(xil, if I :"",:Jra~il',-,,:.l~, II ~" f ICfC,.l,
(b) C\Hlllr':::~II::::e .'11'1 .;.I;-~I p,:iJ~"1 i::IE
e,:' 9, ,
to enforce p~rforrnance 8f tilis
Agreement;
(c) ~,VlthhDld or slis;:-enc ;Jc-I:{nH'td of all or any P21-t of a f(:;qlf'?St for payment
{d) E,:<:l:fclse ;J[ty C'CllrPcllV{:'X rerncdl.ar ~Ktlcns. to lilcluce but not br lrrmted to,
ferll)(~~;lln,;; ;':"J(kJlllomlllflfDTn::J\r()[1 frorn Hie F'\It:ciplf5!t tCj ['jf.:lcrminf: tlIS' rp;-~SCin$
for or 11'1(- C'l:'1('m 0' ['0:- -,:::';:"1 ~di'::li"lC"C' Or- ;,::;c_k (11 i'\(;':t:nr),:_nlcf',
;:j ",;Clr~t'li ",\.',:.\i-1":I:';)' ~lJ i.J{,:',::';:: iil,Jlrl'ICl1f: '"~:cii( ,J~; r~lf=::;:Jrl:~:~ r:-:EI~' t"f l~lkefl
I; thr? ~;itlEFior, IS I'ot ccr~I:~l:I",:(.I,
j ';<", r,_~i:-:':-j Iii''' ~:;I?Cil-,lir" I' l(r ~'~';~Icr~j :-;i' '::C::-ltW'j':' I.},- 1,':;II:J!11 tltHI'! 1:IL',lrfill!; l;('~,:S
t;Ji ;~Jf:V ~<CI!\"ltl'~::;: ij I q,: i,'StiC.'I'i (\1
-4 n::qIJlri:;":l triP Rcci~'l=mt lei !BW-l~)Llr::;:I:' DEI\.'i for thf7 arnO;Jnr 0: costs Incurred for
~my Ilf.:rt'IS ;:i~~t::o:rTL!'lf;C! 1(' bf' ,~1C'II~i;l,I~7',
8
-
I,€:") r~sqLJr: (-J tn8l t-i~: Ht'Clpleiil n:;tUrtl t:) 1)._:J,'1 ;:Uiy fundf; ,.",'hler: '~""t:,^e :Jscd tor Ir~ell'Jible
r)urpo~;es under the pograrn I~r...\,s, I.JIC5 iJnd rSGuri-'Jtj:Jr-,~', qi:JV8'l'lIlfj the I)S~.. 01 h:ncjS under OllS prc:griJm
(f} Exc'rosf: ;YI}' other ri~ll]ts or rl~r'lE!diE'S \',.-hlch 11'1,1Y De other'Nise 8V':'iil,lbl-e ~In:.}.er
I;:JI.'\I.
(g,1 The plJniuil of arlY OiK' [111f1t' ~I~(h't.' fCrneOrcs sh2ir not preclu{:e DEh:l from pUI'suing
allY other renv~cJes corit8ln:;c 1'1C:lcir (If l)lhCI'\Ni..:;;e ;..rovi(I(-;C i;l118'.'.' Of In ~ql'fty. r'~o "'.Dlver' by OEM of any
light or ~E'm8(j;/ g;ant~:d her-2lm(je~ 0" f::--1iil'i9 tD rl~<>1,)n ::;!nct perfcl:-TniJnCe by t:l2 R(:clplsnt sh211 3ffect Dr
C",'-'.tend or :::Jct af. <.:l WEJ!ver of .:my ("JI!)(:.r r,~!tl~ u; rnm[--:d)' of U[:I'v" t~'3!reLmd('r, (..r affect the Sll~rseqllent
e:<:8rCiSl' ,..f tllf~ S::1rT1e.. rldlt or r-e:ll( C!V 0:1' CJcf,..l fe,:- ;n)-" :'LJI'!W,- Dr ~1,d'),'.~~'qlJ":~-lt (iC'~.:lL>'-! t1'~" thE~ 2P.C:;:-rlr2','1.
" :::>: ~f::=:'r<.lJ.!!'c.!':Ji-'J
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GOtll,;,HE1tr,.:;.n il:' Ihe A~~:t~t:';,l:.::IL '.'\,'r.Jl;ICI !]Ci~ r,ll\),~iU;~t, l)C-nCII:;I,:: -C3wI:::, (;ljIT~ni'""rl~;u~'::li>:,',':rt,'! ~Iif; ;lHlh~[
E')~p;.;ncJ:tLi;-e of funds, hI' pmviding tI'lt-: RcclJIP-r11 ,,':ith (I' itty (.:30) c:dendar davs pncJr '.Nritle:: nJt!C:e
1:(;) Thfl iXiriiE'S i.n~~IY .:Jgrse 1018--1111112:11:8 tillS A9reeniC:rJt lor :he!r mJtual c:on",'C,"'lierICC B$
,,~',.'i(iL-nC'2cj l')'~' l,wlttr2n ,j"l'~'n':r:-lef"l: " l!ll~;
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[J E::.;'.1 rf; ;:::,' Ie) t~ Ie c;'::c~n t iiutho! ::'_ed h'" ;,:~'"v, ',ll';lti r:::.,j (; ,: If 1 y r.'" /11 I ',:'r! ~,~. It;. t~"IC' F--:+,,;C1ill(:n: r~'): f)I.lrp';)::~,;--: or Si?,!. ()rr
urLI ,.,.)(nllrr,.s ,-~~; l'HC' e>,~I:t ,,,WI'jll!li .,[ r_.Ji:,,":'j'.'::; C':~~' DEI',j 'ITI: th!? R(~~:!p:ljnl ,'-, n,,-'[8It-'llrlccJ
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(:3) blPIICE-1'ND CC~TI:\'~I
le1} ;'\1[ not:ces prc1vided .H1der or PUj'filL-1!]l to ttis A~lreem(mt 5rl311 be III vvrii.ing, ether by
hand delivery, or flr$1 class, cerllfiE::d mnil, retJrn recfdpt rt>~lJef.1cd, to ~he .:8pff.'sentativA ,;(!enlitH~d below
atille address set forth beklW rJnc s31d n,Jt.'ti:....~I'!(!n :-3~tachec 10 the onglnal of Ihis ....,gl'eell~eilL
(0) The name 21ncl micJress of )EM contract ~11wlE1ger for thisAOrt:~emAnt is:
"J13 , V.~att-Ih~c-n ['..t(lr~~h;:dl, Planning Mimager
BUf,=au (It RecJ,,/p.J}1 EIn':1 MiliSi3tron
DI....lsion 01 Err,ergen,::y Management
2~S~1 S!lum;xd Oa~ Doulei"lrd
TE.lli~I'I(,~SHee, Ftoridi:t 32,,)9!~
T L IE!phc1\I08 Ut~,n J 922,:) )44
F;JX (J3SCI:, ~12~,l:::":!9
(C] The n::Jrc~~ <.lr:d c;i:j:!rc~:;, c.f thc ;~:f-;,)rc5ent~'lli'...r::' (If lhe i=:GCipIJ~~,~I~ rE:sp':).'lS;~":df' klr lTlt:
,1ominislr.::1tIOn 01 trlJS j~~1rcCrTI(..nl I::'
1','11- ~;..:;-;'IC;r' Gc.r,='-11'~;~;
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.;Jf!i.:: e~~f;'CJrIOr' 0: ;his ,i"gfl~-::",T(;n\, I':d CC' oi \11C:~ ~I::tl'r,{;. 'JUt-' ,H!'] 3r:J:;,CS:;:: e,f Ih,:::; n'2;,'''' r<:'Pre-sed.J!i",'f-_~
'.~/,t 1:j-oE: r,,;rl,:!ert'C:,33 pfI'i'.'idec in '~1J:i(.3) ;;:';,1)>:)"""3,
(1.1) 5U.Q91)r-JT~..~:CTS
if ~he Rectprent 5ulx:o,l~rDcts Hl'y' 01 "-311 (It the work reqlJlted under [his Ag.re811tmt, a copy 01 the
j:~I[-,,' C~C!c~J~fJ.d Sl1[1L:;[v]iraC1 rnll:~t ['1:- rm'/\'zJI'.:JcJ to DE!',:l '.'litnwl 'Cli { OJ (J~!'~/s of c::.ecu:IDn Ir",: r~'2c:pic:r:t
2~!it:."~~~c' to !.'IGlud'? il'i :1"2 -sutir:r.11It:-a,,';t 1I1..lt 1::,1 IF" :3ul:'~~('nl ^,3C~O: !s be Jilt: bY' ~!'1i::' t8iTI'I~~ (If Ir'lis ,t:\w.:;:'emcIll,
(:!f tl"lt1 ':.iul:';:,c'n~I';:'lCl0r is bouncJ ';,11
,k: :;t;iiG :J!,,: ~C!C::::::I:~: 1,::::','\';; ;~r'c' I"':::'~ u!,::rICJiT=:. ;-1,'1-:1 (:i;, (hi::;'
':',U!:::':--:(cillr:;l,::t,)t' shd' hol( [,'Ef./i tlllii r;,c'c; :i-'II! i~,:1i D.lf'3S ;:1t;<J.llS" Ei:i ci,:llrnf; uf '\I<"':-lc'Jtr~'VVI' fI211:1P; i:J,'i?;iJ'iI:: Clut elf
tile ;':Ub'-':::Gi-Ii,;:jcto~'s ~,'~:!r-i'o:rY;l:'I:J' ;:) '"v'-l!l. U"11181 thiS i-\~n..'crnetll, tOh8 e);ten, dllu'/iCU ::l.nd reqLfli"Ocl DY I;:'ll,,/,
\ I"; ,: I~r: r;t,:!:~ f!.J~r,\ ~,~'_~'f"T'r'"' ,', :"~ .~
ThiS Agr-eerH::r1 c(;ril:~:..~s ill! I.he; ~EHII'S anc! r:-:,ndiric:!s agre~(~ upon by the parlics
(11~;:1 .'~~TT.l\,Crljyl~NTS
L~I All eJ k:chme--il_:; tc h:os ,~~r:::;PlllL:f1: ;:1IC wocorpor,Jtsd ~:iS if s.:;t out fully rH:~rCin
1 D
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(b) Iii (1-..18 t~"/cr11 01 ;'j:IY U r':OnSl:;I.t''lC:~f', ), ::-O;'J~:ct !_:'t't'.','88n irle Ic1rlgu30e (J~ (his
1\~)i'(~Clll-8nt flfld ~he att~C~H"ilL'n1$ hl;'It;~'D, tnf.: 1;-)[ ~llJage 01 such ~itl:~cl-lr;-len!S :Jl~;rl ~1e contr-J:lil1$;.~, but ot'lly tD
the ex:ent of such t':o!1fiict or liic:tn5::,te1lcy
(C,i 'alis A~tl'-aE'r--:'Url1 haS:,'I(' TG:icHv.nfl Lttadllne:'lts'
E":hitJ,-t 1 - FU'1:lInp ~'Q'.J'C[:~S
i\[:.c.;crl!~'lenl A -- 8u(;;W1 El]~d Se'Jpe of I:Vork
t'l,tli:l~~hmen! S' Pmfrar"1 ~,;t3t:.J(~s and Reoul~itioPS
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T.'1i~: r::C:('i~)!e:ll ~tF:it h"'~ n~'I;TI:jl.Jr~T(j tor
costs iilCU(TI~d rn !l:'8 S;'ilISfact(lfY pcr-'onr;''I:lc:C 01 .\"Oih 1181'(:lm{;Cr In an L:liT1Dun! not t\.l exceed;t. 1::;3,U32-00
SUh)f.:.'ct to lh8 <JvailabJJilj:' offvnds, ;;11 ri-:-qucsts tci i'(:lmbur~-;':,~r-:-H~,}1 01 CKlmlllis!r;--jt!ve costs must 1\('
<;lccomp<.in,cd b:v lhe: bcl-:~,-I:p ,.:..iGcurn(~rlt;::liIQ:l P.\,'I(:8r-iCIr,P ~dl 5u~l) ;'~(jriilr':IF.t:'cHi'/e r;CJs~':;
I'~') ,'\11\' ;:el':!.'?i'1':I' :~,EI'/r .,,1' ,:Il:l::: ;~Ii~'.c.\~r~'~,:rl"c;"l~ is ::~L.'~;I'~'C~ to :=;I:'c~IDr'; ~:'1~:; i:31f'1C:I
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l'"I.l,:'lchITif':-:1 E \,v:ll SV:-cr\ ttlf: r'lr!i;)Ui,j ,)i "d\'::lnc:" p:,;'~,'r,~::.' ~lli,:,;,;>'j,::;tcl :;:';(j f)'~)VIf:,l~{ ~il ~:\piall;.Htc,r .J: :1-1(:
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1, _,~_ No 1dv~mce j).:~1 )1f1'i3n: is mques1cd.
2. _~ .t\n ,ldvtln::e pi.~;im(~I-lt Ll,f S_~ _,_ is reque.sted.
(c) tJter the Jni1i,)1 <.Icvarc:e. If 3n~i, r:'8YI:lent st1iJII be- l1'iade on ~ fC!lmbursament basis as
needed, The Rec,ipient agit~eS to t::-~:;;roncl f~mtls in Clu..:.mdEnce ',vlih the Bu,jget ;::Jnd SCOP(~ of \r,t"orjr.,
,.8,ttachment A of t1l'S ;\green-lenL
Jf the necessary funds arc n,)t avaHablE to f';.l1ld Hlis Agreement as a result of action I)y Congress,
the st~le Legislature, [he Office of l:he- C(lIT:ptrollf~P' or the Office of Mc:magelnen1 and Budgeting. an
obli~lHtlt.lrlS on the ;J.:w of DE~M to 111<:Jk8 any furt--,er P';:I}T'r 8t~j of funds herl?'Jnrjer shall terminate, ar'd thf:
Rer.ipicnt st,:::.1I submit its closeoulre:lOr1 w;t~in t:lrrty 13D) d.:'ys cf r'0ccrpf of ilotice h)m DEM,
,; ~ t~ )
r~EP;', Yf..,1Ei.JTS
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lc!
lhf ur-C.--:'~I" ~-,f "DIVisiOI'; (~~nl,:~t';;:.,.;n:::-,~, t'''lan;)J'~'i-:-:elll', 2~lC; T:,:n:ec' cLrl",:(;tiv Ie' 1'hl" LII:;:'f"ar"ITiem '.-/ CiJr~'"IJr!lrllt~{
p,ff.=;,;'::,,;:I ~:.2 t(llicw,'rn;i c!~j~jJe:<~
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',=.,l ;',"~l!L::;:
FII ,I y:e ;;;:!C~ ,~\::C.c'~jfl!.IIT:::
2~1~::,:::' .',~~::: W-,Z'lI(; C';Ji,~ bL-':JI(:;',,'~Hd
7;_, II: ;"'12,;"; L'(' 'L :j)~;~t :_i - :"_ 'r c]O
ill 2Ccol::.i3nC& w;ih Se-ctiuri2' 5 34(2f, , if;J ::h,~O: {:-r othEr rJr;~:f;: is :'E'tu!'r;ed i:J DE:,>,'! j'or :::.~c,Uf-;:::l.'on.,
DEt..,1 mUSll--idd to Hlt'! (1T10lJl1~ of tIle cl1ecJ<. ~r cil"C:lft a sErvice fee of FiftSBrI DoJlars ($'15,00) or Fivf1
Percent ,;5~'\,) of the fac,~ amount of h!: cllel~k Of draft \.vhi::;hover IS ~~reater,
(Ii.:i} VEt~DqR PAX~'~E:NT~?_
Pur~;'.J2;1t to ;:~I"t:! ion ;~i
fl0 ,~~.::;t _ [IE},lsh;J I Issue prJyrnepl$ to venCicys w~t;-lIn 4Cl-
{!,'JY~' attc:.'r 1r:':C:Cipt o~ ;:1(1 :lcc!:::pt]Lif Irp:'Ilr:::i:' i-"lrJ re :clpL Ily:;::}C'::tlon, ;;][1d E1CC:P,[:t<::':iCP. n- ',nod,; and/()I
:;'-~r":c~'s !)(;y,!I ri':::!C" In ~.:~.:cc.lrc'a,~iu~ '.\it'l ti'rt- iCf:-ns ;;[': ~ '::'JI-lliliilf-:'5, c,j- :',(' A;lIt':'{-:'i'Tl'~T;t. ;::~:!llFoS:;o i~3SU'::~: ~hl':
'N;~l'r;j[)t \,v1tl-ill'l :LO da'y's :'.,;,1:.111 re::.ulllll =::[',J !),!\"-in~; Ir:tr::r~~?,t ;-il.:.1 r3C:f' ';':'l~', c::::;:1bll~:hr:;cl f11J',::;uant If', SG!ctlcn
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i"I:;.''-':(~!'/C ;::S.S:st~F1CC: bj,' conlac\lng !t-1L V[~ndor Ol'nb\.Hj~Jrnan ;i~ (;?':;,(j) 4r;8.2~~2.:.1 (jf by cal!1f19 the St.:-de
ConlL\lrolle;'s HOt:U:2 ;-:!:t .80U-r:L18-3r(~
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(a) I ne v<:!lI,j,ty oi t.'lis ,tI,Wf:t:rTlCI-:t if> SUI)jBc:i to lhe t;'utr: clrld &CCumcy Oll.lll Ir.e
inkmTH::tlon, j8prcsent3tlon:;, ~Inc rn,'jten3ls r:-,l;bmi~12(! or provH..J{:d by :he R?crplent 111 this Agreement, !n
8\lY subsequent $tlbmisSI(lr1 lJi t'8'?'iJW18G 10 DEi\'~ request. Of In ."Iny sulxWSSJon or response to fullill the
requlre~ncnt::;:: 07 OilS ,.i'2,greer";,er1t. ar 1(' s'Jch Iilfnr'Tlat:on, T-I~pr8selll~ltI0.'1S. cw,J m3tell~)ls are 111COrpnIi.itoc by
refe,enc~ The Ii3Ck nf ~lCCllr,:!cv Pl!?lPOT U i:lrV ffl<JlGrl31 :;lli:Hlqe~) :-:;h~il1. at tile optIon of OEM ;?lnd \'.'llh
thirty (:';0) days written nQ~ICEl to HIE f~ecipicnt, cause lhe t13--mi':lE'ltiOfl of tn~s Anreenlenl anc! the rBIHase of
DEr\.,~ froll: ali its obligations tc; the F;~t!cfi=1le:ll
ihl -;-IIIS .'!\~;;i:JC~TI"'~I'll :J,!-;C:liI bf- u',n:,1ft,IH\.~ uncer th~' l~l'iNB 0; :h8 SL=:-lt-: of rlml{:c.~, and venue
fui E,~Y ;:let ;'HiS eli,:'::, i'i:J i):,'! 0: (;-1::; /-, :':21::~ T:: :;~'l'::l; ::.~:: ::', ~~~J!', C;)~Jn;\' I;' an) Pf[')VI::-iIOn hc'r,::>(iT if,: Ir: c:(};]nl~;t
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(;J) I:"n entry 01 ,,--:ffiI3!e ',',tho h,:l$ b-e~m pl8ce1j (In tne tjscrii"rHr"li:ltOry venc!or [isl rn::1Y 110t
S'Jbr1'1il "-~ bid on iJ contract to provide gODds or ~,er'~'jces to::J public enli1y. nay' not 3uhrnif a tli(j Gn a
contract 'NI~h a f1ubilc entity for the Gonstructior or repi?:lil' of a ,Dlbllc building or r"lubJic work, may n'Jt
sU~)Plit bids on J&ase~, of re,?l propm:y to j;; public entity, may no': avv[Jrd or perform work;)s a con1ractor,
supplier, subcontractor, or cJ[;:-;ul:art unc-ar CCIIHr8::t wilh any public enlity, and may flot t,8nSi)ct business
1,\'lth Elf1Y pubilc entity
(/1,) With res;Je::t 10 any F~~~ci,:trtm1 which r~ not a local govcrnmenl or state agency, and
which recr.;:.j'Je~; funds under ihls ,~prE's'nI0il~ from the federal govcrmnent. b)' si~JTllng ttlis Agreement. the
Rf:'cipient e~~nlfies, t('l 1he be~;j of i!s kno1.vl13clne DIX] LH:lie:, :I".:1t it ::J\'1G Its pnrcqals'
/"}f> r"o\ P'(-:.~':;crltlv ,.j(:~ba;T2ri, s.usJelJd'?d, prup(lS;~[; k>r .jE~h::JfmE'nt, dee,tared
1;':7~!!~;:::,1e -:~I \.'olu'I~<1rj:y 8);:cll,jec: fHlrTl C;:)'~":;-;-(~!C :i'::.:nS,-:CII:lIIS. ;.'Ij' 8 L:c>do;al rif',i'.:lrtrr:t-~n' ::lr a9~;:"'-'::),':
"
H,~-,..-,::: r,,:'1 ',"'llh1l": CO, '1\'( ,;1-:?31.1"::r!I)C pr-:'c:::cilll-::-1 th:-.; ilif1;:-.o:;al ~}(:T:, C0111'i::lf~,::j ~\t
O! :1,-'[' 3 CI\/i1ll1(i-;ililf-'nt I".enl'k"cej ;':;{k!l-!.:c;l ti"J':;IT' T(:I r;:};nm!:.,~;IOf1 oj j;-,'JUi'.I [1[;, r;rIlTIlrJt-Ji offen::;,' III !'"':orm::ctlofl
'.',"1::--: ::,i,;:"'lr:ll1';;. t_,;tel"n:-~I!.'l~11D :1[-:.':i.'1 D~ [i[::dO;'ifi1.iq ["- ;)L,[.lil::: fj.:.:dU.,;II, tLpC' i:Y IW_:;:1::1 t;-ar',~';::ICll:::-,1l (H CC.l~1iri..'IC\
In::';{71 L'-,bi:e Ir::,ri::'E;c:i'o I: ...iCl;~'~iur ')t ,~,""[-irS::11 ex \:~c;t0 ~-jfTlrus'_ :~I:.;tui,;~~ ur c:onlifli'..;;~ I'];' 0: e;-'r.,'E',..'ic:1~i::rl\.
I ~^i oft ,
,i":IY7f:r, ~,'II'_;iilc:::ii:;:1 C'[ Cif,\~:~t:'(!c:.lCJI' ,:~{ r,:::c:drd:;, r:"18l'lr '~1 :7i1~;;l:' :~IEL':':il":.lt5 '~I:
st ~!:'~'r1
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3_ A'":J no! pf~l58.'ltly ino!:!ed or othcr'/V[S~l crimin(:Jlly or ci\,'i!l~' char.;-etl b)/ a
governmental entity (federal, state O! 1')Ccll) \lvilh COliHllr3SrOn of 8:lY offenses enumei,afed in r\Ejragr~i;jh
.?nn-I )2, of il11S cer:lficE,jtJ.Jn: lJnd
,~, H;'n.'f:: r,ol ',',Ithin;s Tivf:'.VS~:l" i,H::,r'Cid r:rc:::ed:no Ull3 ,\;)rcur,en: h,:;1d one (it rnnre
r)I:;~i'c tr'3;1::;actl()I'I~~ (k:clt~r~11. ~;i'E:l-? {,rIJL21)\ li;r:'Tl.':"Ir=I1I-~d fer (';;-jl}:;'2 or c:lf.:fa<..llt
1./',;' ~It: I (, rl H? hse 1.1>8:11 l~:, ii'ii:J!/~'-: ~I)
tu al~'.\.' Jf !Il'-": ~;lrJi:;:'IYI~~r~t~ WI rh~; '~~'3r;liTt~iIL~n. ~dch
F:ccipl'="_']l ::-::~'~;!i' ,:1~,.:-J(;!'i tn, c~::~'d;nLJtl)!'i 1.( Iii;,;; {;~'LX:IT~PI'd
In .c.:ddititJ[', ~I-'e E,':clpll:,n: ':h,~'i I ':;.; Jl )[1; [r tr, C' Er",~ I:' ,,/ 1~''T,;~qi '.1"
f~]C;'~"I~:'-~ !r~jc:S]~l:S~;II);;,1 in:";
c~~:':n~'!8te:i "'::>::'f1'iT;c8tK:,n f<egJfrjlrl~! [i.-:t.al-]~,f'!it
! -:':::'!;:?Ibii'it:,' P..1CJ \."Jlunt3r'\,' Exclu~:,\-:>n"
\,t,:u-olC:il,"qc'nt q for each prospeLlI'ic" SL,~)~;(HHr'~ctor ','\If-Iien R-::>:4,ieflt Inte:''i(!:'~ to Lind uIic'er Hil'3 )\gr~~(:;rn.;c'nt
-':.;ucn rnrm rn;Js~ ;x' re-cf:i'/cd b;,' DEfvl pi Or io tt'lS r<8C~;:'\iC~nt cmtr-;rinq 1:1:0 ;-J conlmel ',JI,',th a:lJ' prOspf':ctl'v'f:
::~',ib['(Intr~(:!or
14
110'II______
0:1 1tw State I)f Florl,:LJ'~; perf(lt'rlliJw::e ,.-Hld Db.iiUdtion to p;:~y undGj' this l~qroe.'lle!'l i3
cCintlno;,;enl :'Jpon an i.'!nnl.l~1: ",l.iJP:Ol=rl,~IIOil by' I.!ll; Lf;gi:-.~~~',url~, (;lfld suhj8ct tel ?ny rnDdJflC-~illon In
clccon1anc{; \'\,'1111 Chapter 216, fla ~ilii~ or (i'le F!orlcla C:'::>rslltU110n.
{I) ..\,11 ~riL'$ for fee-~j 0: otl'er compen:::;;~;til)n tOI services or expense:; ShiJli be subnlltted in
Ueli:.Jil sufficient for a proper P!8iJUClrt and posta,ldlt il)~:(EDf
(1;:1 lj llth,:'r'l.'if;(;: cdir":'l'^,'.:~rj :J'I\J'O::r HllS .u.,;:r~err1Gnt. ~-\;I !)::!s for '.lny :r;:~\'~.'1 CXiwnSf1S st~dll be
submitted ir: ;:]Gcordar:ee '.'vilh Se<:tlu'i 11~:aG1, f:..1~,?,t~t
(IJ T11~' Di'r~I()11 or Elnc-r,~-'en-:-:)I !',,'iCln,i~:Jerle'lt (c:-:fJf'.,'es- rll'2- rlg1i! :0 unil.:'Jlort.::dl)' C,Ci0C':l1 this
/'\q?r:;P.rTlf.';-I! :0, ref'Jsa,1 ~JY thc' :-::~<',I;1[, :~1 :0 ~~:Iry,,''.' ~:',ltdIC ,::::::(:~:':;S tc: ali c.ic..::::urrh,-_fl:S, ;:,2rl(~[S" :81j,',::rs (II o!h,_'r
rr1~-'::(:,I.2! SLJb:;~:'C~:o trw p:['\/!';!;Y:~ ell' (~h,:;,-':er ': -!q. r:3 S:;;1. :--','11::1 n":;:iOB .:)[ n:,c-?::v/.::'j ::,",\: ~If.:
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IIh::,~ ::r: 1II,-,:l,;:-:1S te, LT'o"
C():"'1 lrDCiCH ',,)/1 w kn'~"\(,;Jr.ll!i 'y' 0:l !: Jill \'S I~ r;;:J 1'1, ll',; 1::,-:<1 ,:lli'::-'I-1 .'dlii',:,,-c r'::', !::1"'--:::,1I~! I: 1'~1c;~ ,:' ",'I,~,"'~':ti'~ir; 0: tl','E enl;: 1!c~':,mf,'llt
prOVI;-:IO:-t:"~ Gonl,,:~wl'~';cj In t', U~;,C, ~~:'-'Cil,XI 1:~24;~iI,~;,1 ISc-ctJ.=11I2'/-4A(e) of the Imm!'jn?1i',:H1 <me j\LJ.tlor.;:'~ily ,4ct
(" Ii'-.~,;\; :iJ DEl',.1 Sh211 cOflsldel'j,llf' c:n;JICI~/lrlellt t)\: (Jny crntrac!or of un3LJthori_:::e.j ..:llt'n_~, "i \iio:a1jot~ of
Section ~:7.-+A(e) of tho IN;\' :)ucrl ....i:JI<ll~0n t)\, thn f.:{~GrpI8nl Jf th".:~ ernpioyrnt.'rJ( pro',/:slcJr!s c-\,r',1.:I;nerl fn
S,:::c;:lur; :::'.:1)\1:t::":1 ;:.)ftr,;~- tJA. 3.i;~lll 1.1,::- qr'l_:rl~j; rD: vJ.:';:;:::.';!i ~;::!'"I'~:t:!L:l{I'X; uf ~I';IS ,Aprc:cn)p.~I! b'., DEr'..-l
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i"'i2~1 !JC 1J~>;.~(1 ('Jlt:ctiy ',' :n:::!~:, !I'y lc !'It:IJ: ,>::~ 1(,,:,:,:',:li (:1['1 \.l" Ci'l\ ;ll1:cr ,:!jfi-::I:~i ('lell(),1 :,',' 1rli-' 1'='1'1";'(1;;
.-:', :-1'<- ':1;:'1';',-:1, :::'._:'1
1':1: Tb~_' j::':.',:ilH '1' I-~.::.ri,h S
'ice: '-',I"li"-'!:I'f r"' ::w,
"'11'1"1,1 'I
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~lei' 1.:.:O'.\,:r:..jge ,'il:d t'(-':"ijel
No r?8el;jI1::';::-pl~);1rI:::.tHj 1:::1-;;$ ;'jt'J','(' t:<: ;'Jcm~ or '.".'111 j)t';: j1L'm!. bv ()! f),') h~tl~i\f
c/ rI ,{~ Ur:C!o.:~iSI~J;1C:CJ. leI ,:l" Y pe!,'~~':_w; f')f t,riy,n ::ln~; [)r Eitle: rli:l:ln~ ':uer;;":c c.'lr: ();k:':_:r or f:r~"]pic-j'p,? (If c:ny
"~ge]iCY, 3 r.....1(::rnber of Cor;gn~s-;, an cdfi,>::r or :::n1rJIJ:,,'f:e of ;~:c': I';S::, OJ <lrJ en:ph--'YF!<R or ~~ t,...lf.=.-rnber f..f
~~je:;'
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c'
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'-;:11 ...;~,
Congress In connection with O\e ;J1"l~rdH'lD 01 ~:my FE:(jer,:lI contrnct, the rnahing of any Feceral grant. ~he
rnak~ng of a'lY FBdenc3! loar" the ertt~~r;ng into of :H1Y cocpefrJti'./t~ ;,,~grcoment, .;,mcJ the B):tenF>iori,
continuation, rene\'~'al. amerldmen1 or modification of an Y' Feder31 contract. grant, loan elr cooperE1tive
iJgreemt:'nt.
2, If any f jnds other than Ft::dc.ai "ppr:>prjaterJ funds l1avl;l beer. p.aid or wilr be
p2'lI(j to any person for IllfluE:rJcing [If aUcmptrno 10 i,'If"luencf; an officer or eMployee of em ~I ngeflcy, a
1',,1emtfGr of Congress, an of ricer or (wnp)(J'lce of CDngf~SS. Dr I?n employee of a P,Ac711ber of Congress in
cO~'lnr-::Clron \Nj[h trllS F?tiera {;i)!11r:JC:t. g~.r:in~, loan OF COOr'f:.;T3tIV€ t1gff::em0111, the un-j'erslg.'led Sh311
qHTIr-det~ ;:-ma submit Srancl::lr(( r~o"m l.:_1.... "D:SC!OSiJI"E FClrrl to Reporllubbying," 111 a~~cnf(t::mce 'NI!h Its
11-1Sl."Uc.f.l:),-~S
~ "1-1:"
si 1~'l!1 Fe'quI c U:at t1lf> ;-~lrl;1l1(:':f;t .0: 1r:IS :,:pr:'itIC"l11{1:l b~
<'IC:!UC:lC:;:; II tw' 2,\,1,'<:1f{; ,iOCU;ill'clil"- t()~ "I:' ~_, UfJ::l',....,:l"I,J; ;::', ;JiI:le':s.
'-C,U~lccnil,'~C::S, SIJ:)p~2nL~'''. ~:I'lci
:::cntr,::::,:~; U'-iC81 ~,~_:m:.s IrJ~;n':" ,~:!'I(; ~ "-~~:pf'r,lti\!!~ ,~gif~("_'n"f'(!:~1 cinei tl);-j; ~jll :::;I::1!'C'CI~-:,if:'!-tt,::., sh;~,i: :;crttty; ",'2
'~ ~: j!_ ~::~. ~. ~'-(;~_HT:: L1 ;11 \' ,
T il.~ l;f~r',:fICt,j iUi i IS ,:i ,j'J; I;C -121 t':-; ',.::;;fmr,',tiCr:'i C\~ f,:ct UP:)' I I:..-hicn !CI:~lilC8 ~','-:1S l)i',,'~C('lj
'I,-'r,s'n :l,!;,~ ::'2fi:~aCtlOn VI::'::' m,>:l:: (II (~:w:"rf-:'( Ir'ltc: SlJL,n:lsf,:':':1 ot ';h::~ ,:SI-ti!'~ca:I:Jr; :,:;;~ prcl'equislle to;
ITI;:!"-lIl~l Dr entering intu this tUH:Sc:c::troJ'1 IInpOS8() JY :_;e'~,;ll~n 1352, T'tie ::~'I, US, Cods, Any perSOn \,vho
faiis to file the reqUired t:erilfi::;',llion sh,;-:ll bo SU~)JtGt to ;:J cl~'iJ penalty of not less than S 1 0,000 and net
more than $.100,000 for each such f";lirlJrG,
{;::,?) ~:;OPYr~I,GHT ~_~r"~GT ,l:,hP TR,~~pEr''''A~~::fS
;hc i--;e:~lp!Ci:r. ~~!~:,ri r:ol~':'Jly \'vith
]!-1 Patont ,;~nrJ TrarJf:f''-l,Jri( JnCorpor3led as
Alt8chmenl G.
(23) ~ E':~:~h/'U-;-~'I'=~f: 17 !',:::ICt~
T:'I(" r-~eClpl{;rl' c<=!l;J:(--:~: '.','It!'1 fI,,:~;r...:;:,:t [[,I !illS 4UH::~C[llent ~Ilclj 11 ~jC'SS-C:3_S'::S tht'!-I~'?c:li ;::1IJtlIOIJ!',!
to r,-"'::<:<,\'-::: [lie- fU:-IC!::; 1(1 f.F~' PI';),., I :'-'iJ .WI"II::',' '111(;:
I",',rnel II :'1-:;~ ;;';;'11, If:)~'r'!ii:,~CH" I~~:; ~I~~,'h.'i-'i,-'Iq Liod\, !rdS
<:;;I,~t'I;Jr;:-,elj, e,y [e-::;~llutor,;x ot~ET"'.(i>;I:~, !hE' ~:(',':'CJ)j!:):\ i~,:I(i ::!CC~",;)t",HKe ('if lh;s Agrer;m€'1t w'ith Ed! c(}\,'c:r,;:ir1ts
FJiIC] [:SSUf'3rICCS cnntUin0'G her',;;!,") ['!'if.: R.;)(:j].'(:f'lt <~I~~Ci CUrtfj:2~; II:,,-It tl'"12 l.)rld[~r~lgnfd P'}SS(-'lssc:s trl€'
,c,:'JthCl,c,;iy te' leg;~l!v ~>'lE;[;llt(;~ tJncll)iri{i ,:::.f:::cIPli::I'I:o tilt:" ICfTn~::. r:f Ii 'IS !"g'(wrT;ent.
'16
,- ~, -; "J
(2)4) ASSURANC~S
ThG Rocipier.1 ~:hai: comply 'ovlth <11"\' Slatcmenl of Assurances
incurporated as Attachmem C.
I~, WITr,JESS \IVHERE:OF. lhe parties 110,e:o Ililve caused this contract 10 jc
e>:ecuted b)! iI-leir Un(jEn51~FK~d of[iciai:~ as (t.ily' at,Jth')I'~zc::.J,
R::CIP!:=r'~T:
C;:=II_':_I=:fl C:C'Uf'r-'{
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I~,I [""IT'y. ~:_() =~ I [);':\',
c;:="L["':E!::'~
3y:
Deputy Clerk
Sy:
JAMES COLETTA, Chairman
Approved at to iorrn~nd le'Jal sufficiency:
E:~y:
... ) I
_Li~\ r~'~~~~ . -'--,-
Assistant C6unl'/ Attorney
!.\TE 0:- FLCIF;:D/\
[-l\iiSIC!;'J OF Ehr'iEr'?:=
l\:;
:.:f:~~:r.\lT
BY:
Name and Tille: VV Claret F
, '..J;t'E.~;:>C;
Date:
17
,'=
L:r:-:I,::'('(,r:,e' I "-'.',,
r= 3;'1,:,; ...;', i C)i ~,
EXHIBIT - I
FEDERAL RESOUF~CES AWARDED TO THE RE'::IPIENT PURSUANT TO THIS AGREEMEf'lT
CONSIST OF THE FOLLOWING:
Federal Program: F"dera! EmerflE'ncy ~an"'7eme~t Agency
Cat~log of Federal Domestic Assi 5tant:e Nu llber: 97,039
Amount of Federal F'unding: $158,038.90
COMPLIANCE REQUIREMENTS APPLlCABl.E TO THE FEDERAL RESOURCES AWARDED
PURSUANTTO THIS: AGREEMENT ARE AS ,"OLLDWS:
Only lire services describ~d wi/t.1Il the attac~ed Agmemenl and Attachment A are eligible
expendi1i.lreS for tbe f,mds iJwarclt:!d.
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST
OF THE FOLLOWING: -
Nc,t Applic;~ble
MATCHING RESOURC:::S FOR FEDERAL PROGRAMS:
"/0: Applicable
SUS.!E:'i 7'C SECTION 21 ~.::';7 ,:::L()::~)::A Si!~~UTI~~,
(].IOl ADi'},r[c;:blp
COr',.iPL:AhICE R.EQJ:i~EM!:r'~TS ,!I'p PUC t\3l..t: TO ~:T .t\7E RE ;;OURCES A\lVt-\F~C;ED ?L'RSUANT TO
T'--i~S AGREE:fv1ENT ':~I~EAS FC>LU:JV',;:;':,:
NUl4.,;J{J!rC;:Jf.'J-Jv
NOTE: SectiDn .40Q(d),,' OMS Gire",ar A 133, "5 revised, and Section 215,97(5)(a}, Florid.
St:::ltutes, require tha': the jnforma'~lon abcu1: Fed,=-ral Programs and State- Projects included in
Exhibi11 be provided to. the recipient
18
t.ltachme.nt A
Budget and ~;cope of Work
,::',':i ;-:1 Hd=ard 1'.,'iitl[)C'.licn Gr'anl F'mgr~I:~l prc.!Acl, :hE R.,~cipicrlt, c.:;lfier CDlJ,WY, 'NIl! '.vine] r(;!rcfit tiV(.' IS)
GtJ'v'prmnent B.,111dings bC<.Ik:d 21 ~.:;3~~'; T::JI11!:H:'i 1r3i1 E~sl, Nar e5i, Florida 3~1'112, by pur;:;113sln~1 and
in~t::lJlIr~1 8t.;to;ilatic 1~:(;!(il)~:1 ~~:aj shllllcr.s: on;:] tc'tal of -"'ighlY-flInf' (SD) OPi==J]:'1gS at 1'"le fc-tlD'.\:Jn[llJuJldjngs
C:)II!cr Ccunty, Hum;c;r,\<c's,::ul(;('s. Suild nq D, ,A,litCJ!'r'ldtIC :.=:hutlEJS .]n thineen .,"i.3)'Nll'ldo'NS,
Colli':!T Cnunl~~'. r:::l:=-k r',;l~w.J'~i<:'.'71Cnt, H',Jiidil'lg ], ,t',II!CIl7~3tic: :~Ilutl'~:-S on :lineteen (']91 ,,1,,'1 I Kic,INS,
3 Co[ller CCiunl~\o,', Pur:::tlc1sing Dc;r<JrtT1f~nt, i3ui ding G. /'.,utm';'I;~jjc shutf'.:?rs on thcf:en ('I ~:,)
\'.'lndC1v,,.s
CDllier C~'url~"/, (>';1'1\::'11 [m:r0Y PL":Hlt ?,UI :jJW2 I( Aut:-J;ik,LIC ?,hl;:te:~:> ';:'\f t-.'.Cr:I>'-[In:': :2' j
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v'.' /',1, lon-I-?_L '~~:ut:-=::c, ,::n t-"v,:::-n",: ,til~ef,'<.3~
v,'irl::i':l'.',':::'
li'de:::II~'l":' :l,'?c:[~~;s;,r\'- ':>'inn I'r~~':::;;',-,;_!-:}'I ','eiiL ~J;." :Yly,,';cJ'.";c; (i; "':\' ;'.jrll~:r ':';';:<~:;-;II~" '~'_;:~-I ::::-
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Schedule of \Nor~,
Pcrrnilting:
fvli.."lll11f3r.tl.rinD rJf Shutt,jrs
Jnslall,;,ilion'
] ~AOi]ths
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1,,'1 a ntll
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19
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-,,,.':,,1
FundinQ Summary
F eOt;l-r,jjShare:
LC!f~~ Sh,:Jrn:
Tol~.1 Project Cost:
!l;15L',959,OO 1751%)
S ~P'.::9B6 Dq ~ 251}'i',)
$2.03,945_0(1 (100%)
Recipient Administrative Allow.El'lc8 u,", to $5,07900,
The m,:~It.'rhl/s antj worl( fl}mjf}(f JJursuant to t!Jis Sutgrant J greernerrf are imended to dt'tcre9se the
\'I..!!neral:dliiy of 'he JJlJf{ding t::l pl'OP':Jrty lo:;s,f)S c.nd am speciNcBJ/y not irdt-:;r:dod to provide for the ~'afety of
in/1Jbitams f)rAore, (juring or atrer [i natural man ma{/I; crsaster,
TIle funding provided by the Dn"i.s'lo,'7 of J::moq;rency Mt;!lagement uncJer {'lis subgrant shaff compansdte
fot the mafefia!s and lalx~1 lor tfw fusta.'JaNon of storm 6'lwtters /mo'/or ofhe( twrdening activities as a
retro--M measure fen ihe f::e,-:;jpiunt's t,luilclJnq to reduce (Hl%r r:Jj'tJgah~ the clamr:"lge thAt might ot,lwn..v!se
n.":c;ur from severe wnaiher ,-J! (lfhrJl' ha7ards Tire run:Jlr-g of this pn.)ject b_ll tile Dopanment dl)f.'S no'
courer CJr ilTip~V an}' it',::rtiJnl,i ,-,If u.s:(~ or s:JJratnii.ty tor tne .'\for/. p-:",r'form&(] pi...ll"Suan1 t:l (hjs ;::rqn--':('Imenf niB
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!}U: n(J~ F,'T'i/tecf I;'). W)V rnli"I''!C'ci l'Vc::/,ltrntl']S .7:.oru'/or 1~;nn:ft,'liV!S of 8uUsfacf()('v quality ,:-:ncl ,!';i1!!f's'5 ftV iJ
,')Ur'P':~!8~< rn': r~~!I,.:w!uuii:-1V rJr ,'!Jcrt:nanf,:~'b;'e C'u,::;'lh.'
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tJl.ogn::im Statutes and ReguJlJtions
T~.18 parties tc this l\grf:Bmcnt 3nt) the Hzrz:md r'l'liii~_I~tior' Gn::ml Program (HMGP) are ~ltmcrall~l
governed by the fOllm'villg s:atulcs Lmd re';2ul-ntlons:
(1) The F~obcrt T. Stsffcrd DisastHr Relief and Emc-qency Assistance AcL
(2) 44 Cf..B. Peri, 7, 9, 1 G, t 3, 14, '17,18, 2''', "'06. ;:20. 8nd 221, and any other appfJc ~Ille
FEf'..1.l\ policy' IfH:.mOli:;Hlda ;md p:JJ(j3nce dD::umf~nts;
(3) State of FlcY:da ,';(J-Irinj$tr~tiv{'.' Plclt1 for the H3zcrd Mi(lgaf;Cln Gr;'mt Proqf8m:
(4) H;,;:zard r,..iitll~abon Long-lfiHl Rocovery (;uljanc:e: imd
(5) All cJp;'ll:cable 18'i,'.'~; r~jH:! r~~';!UI;3ll(H1S dE: IW::t;-llted In AtL::!:":hmt'nt. C of nil~~ Agrae'rnent
Irl 2c!ditlt!n (0 he 2J!'lI:1'.,'E' St':::7Jf'~~; <.J]:;,1 r~?:S~JI,::d:D.1S til-~:" r;tJclplGn1 rilu::',1 cor,-Iply '/I"ilh lile folJnwir;g
:-:,e_ t.~eclrJi8n~ :~hE.,:1 Illily ;:Jt::rf{)r~-I ti>:. ;lr)~lriJ\'ec :1-: ,-:::;:l:d t~Wi~l:dJlJn D~'Ci.l::;(~1 ciS je~J~:fdx:d
II: tr!E: l....pplli;DLi.:.m a:"iC) ,b,II,:IC'll(-lerj ,iI" nnd::-;CL):).;': nf Ll\iO:'k:1 ;'t\tllCflCCJ (,,:) ~Iw" ..6.C;"o::.'8!1'it;!11, in
"lGC(jrd2'i'lC~~ \'VII'I !h€ ::ip;Jn.n.'(:l~ :'":::,,,-,'p=-:/ 'NCiit n'_!lr~:,':Jt!}:: :h""":::'lf' ti"e -::':,:t~i)l;JtQ of c:)~~j~- illCIC,stc'-;:j th~=rf';n, the.'
~:i!lo!:.:at!G,"-1 (if [unc';:, 1-'"ICjj;':.:+:,c! t')',~:'Plr\~11~1 t!'IS ~(:>'rrl'" :::irid r.u:i:ll(nn';,: 0; tI:I~', II (': f":' S!T:n riot
[::e"':;"J~I::_ rl'(oi'fi l! I (, "-'I;Jpf~-1 ,,'[~~[,,: ; 'J.,'l)I,.::'::::t ;:,1-1 r; I I!~' I,,,-"T-I:', j,Hl~:i cU'II':ill :)q:~ c t th!~~, 1~,qn:::(';Tle,":'1 r-;:F;CIPI',':-11 r ~',r-;;:lii
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;::I't[J :::,~-,,-ill P:O''I'IC.l~-:: ,~JnV , pIY,:'~ ria:..,,, t-l~lIl ,ten; !;u '"lrv:1 ;>::~:: illfy t,:x Uk flj'(w.n.::i
LV'IY fjc~',,-'(~lor:.H~'\nn:, fl::"".'II~ :;:';:; ,Jt":1 t'v, :y CI':'~'."i'::{"lp--il;:~I"i1 \':l~:jl\":"Y u;H:lt;IL;I~,cr; by, !hf: F<8CID~~~n;'
~:IUJ ;i'I~: !i.~'ld ~:-:;I,~ pf:'rn~ltt;;Kl b~.' U' ;n b'y'tn;," r;:r.:;c."if:IJo?I'll, :~r1Ll!! b{~' C(Jlj.';lstcnt 'o'.ilt! thf31-,x:,::J1
':;D:Tlpr-eil(~;r:SI\:'€' pl8rl ~'sn(II,~jI'ld cJt:",.',-:lor~,-n';:::1'I1 iCqU!c.t::::):l~ :Jr::;:L:tI"edcJlld 'iJc'O~tH; pUrSi.BI1-1 10 Cr,8pt(:~ 1':<1.
F'.;);; Ii. riCHI(].:J Sl,-ltUt'13:., FUfI:::s Sh;:ll !fl~' c;~~H:mde,:1 [Jr, an,:1 d!~!v8ioprnenl jjch,'itii':-:~; .:.Hld IElnr: USGS
Ul;I~1QriZfKJ tor, only 1ho::,(-; USus Wll,cll :,HC per:Tlia ~;d unc'er th(: comprT:Jv.:-:nSIV-3- r::di-Hl 2nd land d8ve!Or'ment
reuulatJOns, The F~9Cipif:'nt Sheill be- te~;pon~:jbl!3 f:)r 8n~uri.lg t1u:ll ,Jny dt2\:elopmen-t p~rrt)il Issued unj any
de\leJDprncnt 3r:tlv1tV or i3nd 11;c,e lInd'8't;':J~::e'l is, ':,<I"lf're ,;!pplicalJ1e, c-JlsCI aurhon:::cd by It'I8 VVclter
M8nfJgement Drstl'lcl, the Floi'ida Dcp.:irirnel11 (Jf EnviJ(nm:,:rl~a.1 Protection. tl18 Florida Dep;~~r!mBnt or
H;:~~llth, the FlOrida Garne ;:me FiSh CtYlliTil'::StOn, ;md c:my !t;r1f:'ral, stale, IX lo'~;aj en',/If(lmnentaf or laf'd
U:O,f:: pnrrnltt!:1g auth:)l'lfy, \'VhBI e rCI,/UlrE d" Rt.clPlent ~'Jurf->{"::~~ tl-13t ;'l:IY repair nr construction .shElII he in
accu' cJ;;.J WX' ....'Ith ,~pp;:cc:!ble Sl.:ir:d"if'j~; cd :';;:,jj'ply 8'~-'C8rl::\" ,Jr-;d ~,8nll;-:lkm, ;:lflC in CClcl,'IJ!TrlItV vVlth
E:::-q:tllc;;i!ll(, '--Clds,s spf~c;r,"ic;;:1tiC1 "':$ ;~: I[) ::=.t':::>'l:::1.:J[ d:-;
r:O:~: i))i'':'':J' '.',;'111 prll',,1idc 2nl'i :r:.::::!~:;.,:r: ""\H-:--:;,~,j('r',1 :jj':{" ,'j'-~C'qu;'Jt'f: r::fi:c~i'l('r:'ri"rl:l ,-;L;;.'Cj'V:~j: 'I .:[j 1,'i9
cnW;(t'\iC1;(1I1 ~~jk~ tD '::_TI.s:ir-~ Pl~11 tr-IS- CD'I'lp;~:tcc.J ",',':)Ik (On-Fl~r-,TI:C, ,,.,'lIli H-'H~' .?1;,~l'r(l\',:::'!d:::':'::in'~ i-Hid s.;'f':r.lric~-:tions
,ll,';.: ,~Ii; iLlr:' i.c:i', pr')~Fcs;,:, I(,,;PU";- ;,~j,:j 3,1(;(: Ol~F21- i'!;(J['l1::;rliO""l H[...-K-;;:' as In;'!' be l'ec:IIII'~~:d
H li:c' n:::~zcl:'d rnl1lq;ltic,r- pi":-iJ~~(;: c~C'::;cf'll)e{: ':'1 ,~,t~L:.Ic!l1nc:!lt /~, I!T..:::IiHj~'~;~ln 2C:'-:iUI~;111,):1 D! n'..IOC,:'!t'lorl
;"1 w:~cL th,:~i" ReC::)~Jil::n~ ::iht:tl! f}j'l~::itHe 111ft, ,~:::~ ~l CDI-dlliu:1 elf li,n;:jl':~l ,m,jer Irl':;; ,:I{lree;iili:IJt, 111'2 Owner cf thr;
:,:iI'~:c!(:cj ,1:,2: l"lI"nr11"rtv sr.,;lll I'(~::I~"-(~ I[' t'k' [,,:" I'".'; rl"~(:{Y"d:; ':~.. ~I-,:::: U.II:'J:.,. ':,h~;,".;-; II i:c ,'~)-:=;-2'~,:!(1 ,iF, "cdllrl/.'Ii"_~
:~:C",/I:'l':":~""; ~;'.l;j 1'~':::;lli':~{:':ln:=,: \\I!:l_:(" ::~:, '!: ,,-."~-. :1I'Il:J:_::Jr'!'i l-:) ~H',',i p ~;',:"~~jl:\" ;::J(:(ujl(~d, :::=C-SP!'~;::~, or tr~)ir-:
'.'/hlcr,;.~ ;:;~Il:,:;iur'::: '.'/1111)1:: rl;IT)D....:'-:,cll~ljr:;L,:'n~ t:~) rnr: ~trDi~:(1
I Th-s prolJGrty ~'.III L"'8 cJediGi':'lt3fJ al:d rnai;'1~31'H~ij WI ;J0f'1)B~U]ly- for 2: ;"j,;;e 1t1c:)1!~'; compatibl-e
'.....:t!-: cJpen sl,:;:~:e, "'1~;f.;:!~:'Jr]on,JI. Of .,r\..(;tl~rlii~; m::lrllJgc:mpn: l)".:.lc,~i::e~"
:2 i~0 1'le'.'V '~;,;rlictlJre viill b," crc:::L?(] ,::n prop-e,':y t:-tl1er tr,8:1:
:."ll ~; :'.'ulJllc t~;CI!II~! lhat IS U;:H.~rl onEill ~-.;~dc:; Bnd fl:nCliunailv Idated tel a
Ijesj~jf',,'~~l('d opE~n ::,p,:~CE.':-
I,b:l a ":~stro(;rn, or
21
--
3, .A, str_iC:LJI'(' H'l-:lL the L)lIel~;O[ 01 IlIE;-;: FC'(h:~I;;::1 Fn:C'rgc_'lcy 1",'1;~n[jqcm~nt r-\~]cr,c~,' ,ip~'roves Itl
'",'Tit]:'" ~I before t~le cn:T:;ncnceITten1 of t~l? construction ot 1'1'.(' sl,ructJre:
4, After Hie d::lte of thf, ncqlJi~,ltl;)n 01' r8Ioc::;~iml Il( cippiic;,i1101'i fDr dis,'Js(t:;r ElSSiS!r.:HlC~; for (my
purpose \,NiI be ma(\(~ 10 :mv [:I~rfeial entity ;"l:IC,J no drs.as~er t-15~is:;:ltlc:e ~'.'i11 be pro',,'ided lor
tt1e propE:rly by <w,y [::' edf''-fjl source; ;jfl([
5, jf any of lhf~S-8 Cov~.J.r,3r:ts .?H"ij resirictiol'lS is Vlcd\itGd bv iJ'e (wmer or hy' ~:;ome tt'! ru party
with the k:l~"'Nied;:y; of thn owner, rpf! simple tit].::' to :ho Property descnbed herein shall be
con".'t~ycd t::-:, :11(': R:.J'~lrd Q1' TrusIBf.}S Di ll-le 1ntem311miJro"/einen~ Trust FlJf'l(~ of the Stc.~te of
Fioflc,;; \'\:,'1~:out TLl:"T18I :1O~Ir.e tc, V-Ie C'Nr'lCL Its SJC;Ce~iSms 3nd ;:Is':i:grls, ~:nd trle o'.vncr. Its
SUCCt:3~;D;S c:Il'iCr ;:;J~:3 gr:s ::;"Iall lur1clt 01[1 riOI"t, ~I~I~; and int9H;lst In ;,mo to Ine pr-o:Je.rty.
HMGP Contract ~,:lc,nDger \'.'111 C'V2i:Jste. ~('q'J83ts for CQst QVerruns and ,S.ut)rnH to tile Regiolal
Dil..;::'c1or v/rittc:n r!clcm"'lIi::'lliO"l of ccs.. Llverrun eli[Jibilit~v, C(lS;( o....~rruns sh:~1l mee1 Feder,:::1 regLli;Jlions std
fOr1h In 44CFR 20G 4c8(b)
The Nation~111:nvil.cnlrH.:l)tEII Pollq>' {-Ie: d'\~r;:\'1 ~,;tlpuj.7:h~'~ th<J: additions or ,~nlf'ndme-nts 10 Cl
Hf\:j.,:;P ;:;-:8::ipI8nl Sr:(JI"'~:': of \\zxk i'.sC\,',.') sh?!I ~;e revit='...'':n~ tJY :cdl S:,:lt~ ,me :':p,:k,r.ul =11;lenC~;t'~; c.a":iu;I::Jt1np
in 111":' I'JEPI\ proce-ss .I-'OlJ ;'HB 1-'~;"II:vL:cr ~112i! tlrl :,:o~strlV:li~ir rna) fl(;CJr Ir; t:li:;;' :lh~I'St.", t:l8:;" i:IL
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tl.ttachment C
Statement 01' Assurances
To the extent the follcwingJfOvisir:ns apply to the 3'Ararcl of assistance in ttlis Agreement. as derernirned
by the Cl\'.....ardin-g age,tlcy, tho:: R8{:ir1ienl hereby ;~ssun:'s .;:I!lr; r;errlfics that'
l:a) !t possesses legr::iI Euthonty :0 cn':er In10 this ~gree"neH1t, and to execute thl~ proposed propram;
lb) Jls governing body nas dul'~' H:dopted Of pBssed tI$ 3n official ac~ a !"csolu1ion., motron or sir-lilar
action authorizlr19 the e:xecu !Ion e,f the r121Z(]rd miti['alion agreernenl \.'Jith the Oivisron of
Emergency M<~n;;lDC'fT1e-n! (DEr,.-T). Inclu( 1f19 all ufldE!rs1i..Hldings and c-JSSLJ,3r1CeS containRd therein.
cJf!rJ directing :3nd 3IjthDi'izill~llhe Recipien1's chi,:;:f /I,D~oJl NISTRAT1\/E officer or designee tD act In
CDjlfl\.:;ctiGn \<vilrl lhe t':pr:d1c;:::ti:Jn ;,md 10 povide; suet' 8lki !Ional infonlc.ltton ~JS m~lY tJe reql;jicd;
(cl No member (); [.'.If dE!!Bg,]t~; 1(; the Congn_:ss Df 1~le l!rli1s( SI.::1185, 8r,.j no R-esldcnt Cornrms 5ior~f:r,
shtJl1 bE.' acJmH!e(: 10 iJny 3n:-m:~ or ~arl u:' ;hi~~ al~n~enl~1l1 or tc.. 3rt): tx'neht to arlSD from tIH:; ~;al1e,
t\l0 t't"lBrnber_ C';;IC81, :H' CrTlrdl:!'llf:t, :.If t!1!0' i='~f:;CIf':IW1: or it:~ 'le!;lqn-='8S m .J~Jent:;" nr) r1'lcr1"lbeT Dr !hc-
p:.lveming line''}' of trl~ Ir)callt':.' in 'Milch t,lG pr\-'DrarT1 is E,ltli~~!ed, OJnd J1r1 othl::'f public official nf such
lo:.:;<_:I;;ty QIIO';:;,-;!lllf}-S ','1,',,() 8:':l)r:;:~,(..s ;:;ny -:l,Jnc!IO'-I:', :H -c'.s,pon~;lliillllC'::'; \,vitrl I':'~s-[Je-st to Ole propr:::;n:
,jlJrl;i(~1 [.1;:; ten:lr~ Oi rD!'C):'s '~":-;;iJ lh':::'rE:(~tlt-'r, ~~ti3,11i,~v~: i:l,:lY tl"1[f~lr:;5t '~:(:l=:',::;1 ClI Irl(]ireC-~, In ",:n'.,.-
c'~'r;l:CZj-:::1 or :::Llt)C.,)~t1;:lct r)i ill::" PO[:c:ccL; (t<""~CL,,:( fen \Iv',):!:, ~c' '::":::: per.fU'-ITI-C"~i III (;,:xH1l'Gtinn '.'l";'ill;-!(~
1)'-::;~F3!1'i <-'.S':W';~0,j ur!n.:-'r 'I::, ;'c~rH':-I:,C'''-I! T'v ,;r:;JIi !w:or~-)Cir.:!~C:' or C-3:i~C;f'-' ~o L~\:"
1'!G:Jr;~'_',;;'Ei'I':;{: iLi -D'I ,Slrc" C:C-,:',t":::;:::l~','" ~:,~:::'c.c,r~;r-lr'1 c_ [;:"o'"I~;i[]n ~,r-(,nii.liJin,:; such lili,_'r'::st rlur~,:U<J'f:
'0 trlc nur~,c!;;j~ \:.,li'_C' ;;i~)I:f",'~_';
(d).::',!: r.';.>:,;(;;;w..::r:~ CJr;t,'"~:ji:S r:x ':,Tw:i"". t' C :=~t2"P; I'~:;i::::.:lt: ~:; i:~; ,r; <:H>Y P;:'''it'\ "-I furrriln,':l SOLJI',:,~:~', :::;h21t
cc,rt3I:~ 1:-,jC;PU;:-1~12 ie, Pf{\....:C.1'::. I':JI' L;J','I,il;:;!.):'i ':.:I'1l r~~;~::.on~il,'I~' CiJS:~, t(_ bc' ,];,,)1(' l}l' j~le F-;eci:)lr~-lt I,):
Cp'ltr1.X:~ \'.'Cq-',:: {;nl'lp,\:;'2d ;'~i'lor t::i 11:f' c.b1'E: -:rlD iiO,i(~S' of ~::;USf1'~:'~r:~;I-C'I'1 IJf fur]din';J 'c''''.'('-i;:,
,"f,~;~:C'I\if,d 1)/ lli~; :..z(:Cif"i~r':1 ,:0,1'1\' ~CI:;r Iflf.,:une-d ;~[I,::'r::: !l:-)ll(:~' C.lT sLJspe'!~iic'H'1 CJ~ te,iTl:n:?ltlor, is
rfc.I:;,:_~I'"'e(l n~v ti'llc RD(;i~'I~I~ n,(:l,' Ilot ],":-: iliricj;~,j '"....:~h :ul)ds lll'o-,..-;dcc! ui~d~'r 11;5 ('.gl.cTrnent Irrllr:!ss
pi (~Vlously ;?ipf'1'(,l\'ed it-, "N:ill;l~- [li::-r....1 f~11 F~ecipic'r;t CDttr';:j()<:; :;,hall (;ur;lCJrrl prCtl/h,.;jl)r'iS tor
termini:-llJrJrI for C2lJSU Of con'/~::niCnG-e Ewd ::;tlall pro\:;(Je ft'f :he t;lethod of p~:lymertt 111 SUGh ev'ent
{s) 11'.'11111 comr:tf~/ \o\'lth:
(-1,1 Contra:t VVo~'\ 1-1ours ';1ild :3aff:ty Stan{tafl'Js !!'ct of 191:')2" 40 U,S,C, 32"; 8t S(~q.. reql1lffn9
tkll tTI!.:;cnanILs ",;ncJ 12bor[;'~ (lIlcJudinr "N~~tC""lI'n{;rl aod ~lu.lrri$} ern;Jloycd Dn fE.'do:::rai~)1
EJs::,isted cnrrr2~c;::=; t:J:::. p,JicJ '.',r2IfW~; at nCIL if-:,';~' trK1n on~ ;,".tf"lc! ;]C'iE'-h;'^JIf'
\if1V;':~, ti'i':":Ir- h:L;IC','''':=J',~~~ ":11(;-3 t'Jr ,-:Ii ~':C~Ji'S \'/();'i-:':!d .'1 r3->:C;~;~,;S Dr In<]ws In ;] l\''Drk \rli~d::
,m"J
f2:1 Ff:~~itT(,ll FElII- >JI:li:jr ,<::.t::Hl(j;c:il.JS /\':1, :!I~,: U::.~,C, S()Cil'Jf'I 201 ~~I scq" "2IJui,~,;n'~1 ti~:;'l~ CO',.'F;,8d
~';nlp!Ore:"Js :-j':;: p,;id ::1t Ir-;;,~:~~t :h,~' i-~'li'''drr:W~''i rH',~;f-;(JII;,;cl '.'i,:)ge, cl'I:',~ ,3isu :hni ~h~;'y' !)C: P81j DIV:)
cH-lj olw,h,,;i: :T!~~,:": IIWii r:,3::;,.:~ \''.;1:~}C: ,,:;;j,_:..;: rc); atll-,')'JI~~ t'lJuri',.r:;,:~ ;], 'I'XC';-::3S uf l~]c r:n.:;;:">t'ri~-"ccl
,-,'!O~t:,-"N.::,.:;.k
(f) It will comply with;
i1,~ TlrlF, \/1 uf tniC-: I-:i', il ;::~I(} -';~', i".r:r ,~\.( 'IP"),,! (i-J L 1'-; C:lr,~: rl~(;, "("~IL;:J1]::,n~; i'i::;Uf.c:'d fJIJI':;,",dl';1
1 IV;I.c,(() , ',,','hicl'! p~,:~,"-;::h;:: tl-::;::II ",;1 [)(::-:"Cli'1 1.1,10 Ulli1..;::d :::;;L:ilC'S S::;,--Jil 011 (:18 q:ouncs 011,)G8,
.::;olor, 0' :IEltlon,-:o:l Cl(1(_,j1r.. Df: '~.:<GILJ.:ed rr(-!fl -:-.>cllil,::ipatiuf1lrl, bf.' ri[~.:!I[Gd the t1el:c~fl~S iJI. ,)r be
Cilhf~r'wl.',;{; sllt)ec:k~d 10 djsc(ir'nilla~icln :JlH;fj( c;,'l}" ptofjrarn Of 2Ctl\"~:)" rClr V~lhiCh tiTs-
KeCipl8:li n:;(~~e"',"<?:::, Feu':fc:d Ilnanc ;"jl a';:;lsli;:;'ICf: .t:H1Cl '"....;lIlfnn1C'diatp.l~i lake an',.' rT1r::~lSU~8<;
llece"ssflry to <'ffCr...::l},::h\ 1'1;'S,.:l::;S,Jf(lnCO I; ::irI"," real pr{)[iert:y' or stn.JC1ute ;her.:::orl IS
provided OJ' inlpiCl-Ved ','iiHl th'2 cll{! of FI)del"_::::1 ~111tHlcjal assl:;lt;H1Ce 1.~;:!enGccl to 1hc~:
Recipient lhis ;'J:;sur,;:nce ,~J'~ill Ob!lg31.e the F;?'ciplb'lt, or in the CBse ell an}"lf:~mster of
suell property C1nV trc~nsfer~e, for ttle pmliJd dunt;~1 '.......f'ich the real property Dr structtrc !s
used ior t-J pur:'o8f:'- "(1r 'll/hiG~III]('; Feck:'fcl finarldaf .:lssiS[r.~nc:e 1'3: ,?xterldcd, or for ;:mo:"j~(
23
p'--lrpn~,e 1l'1~'{Jlvlng Irle prOVISion of sirnilar :;ervico5 or beneri~s;
~2) Any' prOflilli:.ion E~g31l'lSl discrininatfon O;l the tJ2.sis of a~Jc under t1~e Age DisGrimlrlcltlon
,4.ct of 197~i, as amE!f1(Jec' (42 use,: Ci101-61Cl7) whiCh ;:wohll.)rts (jiscnml!lation c'n the
basis of [1qP Oi with respl~Gt 10 otr,81'"',vlsC q1l31Ifil~c! 11Cmdlc8:Jped in{~ivlduals 3S pro'/ided In
Secti~lr'l ~l04 of the t-~ehdtJli~lation l...cl :.>(1973,
(3) EXBC.Jtivc Crder 11:)45 as amEin(jed by E::(8cutive Order.; ! 1 ~175 a'ld 12066. and the
regul,:ltion$~.slJ.~d pLJr~:;i...J,Hlt tI"erp.t0, \'vtllc:1l provide ttl~il no f:.erson sJ1all be discnmlnated
agclinst on ItlR b.::~sis of r3Ce, Gt1lc;r, ;EI!i;.llon, GO>-, or na.tional mlgln In air phc:scs Df
enlplnymenr dl,lrin~~:he p'~rf(lrmEm':;e of IBck:ral or reden-JJly .::.:ssis.ted cons,wcUon
contracts; Elifirm;,..,(I'~tt; Elcti:--m 1n 111,Sure f.sl; treatment ill empioyment ungradlng, dernotlCin.
or tr2.nsf0r: recf!JllJJ'len( Of r~(;nli1fTl(lnt sCj'o'E'rtISinq; ~3ycrffi1emH;"iatio'l, rate:';::Jf p3y or other
tom-Is oi CO':lpe-1~:;:lfjOfl: EWC: tolf'{;li,;H] for tr;~;m:I'IU ~lnd appre,~ltl(;(:'sh!;J,
(g~ The F:p.cipienf 3g;'~'!i:;f-..:0 c(Ii'lr1y \Mi1il ~j~(l /1,:Tlf'rlC;:Fl~_: \,".11:11 DI4;<-i.b!irtfCtS (:J..(;' ITut)lic 2.W '10-1<::::16,..22
;J~~,=, Sf:t:IIGI, i::1U'j ~I ~~~'gL \,vhelf' ,1 IC"l:l!p' ....vtllcil ::H()I-libil~~ dr5cril1'1II1;:.,linn t1v ~Jd);IC .(~n:j
pli'~''-_It-:::. ';::'IO;i1js-~; OJ', Ih,~ t)cl~:I~, nl dis:ll::'I,'i,y 'r 'he ::n::2~; Dr ;"'r1l~iloyr:'IP!1I, pubi:C 3c:::c'fT'nlOd~:\I()n~;,
t, a~-: ~'I w~ kHI'.:..in, Stalt; :.-)i li~1 kJ C',al Q( f"'i_~; :11',18 111 ~;l: ~ v !CC!~;, ami Iii k'lcco:'TW:ILW 1~_;,,-:iI(JrlS,
{h_) fl "''0/:' e::;~;"'J(;L.;:1 5;;::feqi;';;II!~: 1-:'1 r~l!'c:;I:l'Jij, "'I[':',--:",:~~f~< 1:llf1; :x;ln~: ;H,hi110:~~, ;,_'_'1 . PU;-VC1:~f" tti:)~ ';; (JI
,::I...'C::,: t:-:(" ~J;lr'~I'~;j>-,JW:i? (,j " ,::i:'.';;i:[''": ~)\,;:" C';~f.t;c ior fY:'"':-~-i"" fDi ih{ rn~;81...,;;-,~,
!y (i:I'Ci-S, p::l:'ll':~!_I,i.i'\:ly 'Jo:,,/~ '.',:lIl '.',i"~:'f1' 111l",- ~" ','-:-' 11:"/, ::'u'SIrI':;~;'-;, ')f D1'-I-:--:1 lHC':< Dur~~U;C~;"I! t('
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p C' SCfl !-....,;~: pf;', IC:i:t!8~, '.J' "I :;.: l:i:J:;:j\j,.:;" (i, I!'" J 1]:::3 I' > ~ '~C!'Sc:!I'y' t irk:: h~~;(j '.: r 3~~~;i~,k:'::;:::O:-I;.;:rt !r~( ;:n,;
:' I ',/ 1'1 c.'~;:
U :1 v~'!L Cf,jj'ipl.,I 'o""li1'llh~:' ;::::':],':;:::1(<11': u! -:13 L'~~;C :':;~:~,i, ,::,~jn, C,{J(r-C,:)S ;,t~II'!iei' k[)(~,/..T' ~-;:, th(~ 1'l;=::(;il_,D,C(1
',\':-lIcn lit"r1:i::, :rH~ ;)(;111,c,~':1 ,:.ic:i\'iH,;: (': C~,l;J!C:\"~i::::"
{k} (\ '!"Ii'ill comply '.,\.ilh lh{: Hood In',~urarGe purCt-.8S13 :rl<J utllel' reqlll,-erTll'nrs of (rle Float: Ols0s1er
f='rc,tecllon Act [)f 19'/';, <.1S EItTi~:~ndcd, .12 use .WO;?-4J07, iric:ludinU rcqUlremenlS re~1~r(Jing lhe
PU(CI'13Se of f)ood IIH':tH',mC>3 rn cO!lIJilurriJlE':s l.vIH~rl:~ SU-::~l i'lsur~nce I~; ;3v<:lilatle as n Gonditkm for
Ih,,::.- receipl of any Fec'e-r;..l! flf\ErIC,I~ii (~~~:~lst::Jn(:e tor constrUGllOn or aC'~lIisill-::>il puq~'()S;.:5 for 11':,r:~ In
;JlI\' Brl~3 h:J'."1T1] :~p~'CI2i1 fJn',}(j h2z8r::J;~ ~-r1t? prlr,-~~;e 'Fcd{~f::JI finc:mci,]1 a,""-slsl.":Jnce" ilictlHJes anv
:Onll L'J i08r:, gl;:,mr, ~;U8i'2ii""lty, II;SJI']"',('::.- r);:J)"mr;:'nt, L'~:]ate. ~;ubsi(jV, {j'::-,,;:::!ste.r ;:'~,~s:~;t;::]j-i':e iO,lrI Of
~}rf1r:1. OJ ,~"I1V :.J:r-;c':' ;"PjiTi ;Jf '::It._:~) nr II'~j,:rf',~-:t ~f:(~!:~r:;1 ::JSSJ:~':;~I\Ce:
Ij:~ "','111 r':::-~_iUII~~ {',..-,:rv Li _J:!:I[' I~j ;)J ; 3c:;I[1 \' (C-Ilr,e, t"I;I~, ;,1 r:I-:'.-'::~tt: hi i'J1.o'no:.:';J r8~:icj~~;I: ;'11 S:TU(..:\JjCf
1;",;I:Jr:~-:-:cj, C:[)rl~~~r:Jc:jE'~:;' :'~ ;_;!:IX:::<J \"'il~'1 II;r'i(J<;;: ,xnvl',k',:J L:ncl>~r t!li~; ,.:},~Jrnl?n:-:--"~It I,~ :::[irnr,t~..' 'N:till-,!~
"i !llIfr.'~rrl ~f~lj~:'~,il .4,::c,,:",~,:--,~~:liir't Si,~ri"~;-)r(L; ','~;:: '!irll:1 i~: ,-,'\::".I('II(jl.'i ~\':o.t: ~~:I::: ~~,:'r::ilnrl 1 U',
l~~:' c; i':Jr ~i'~r;:':'f,'ll [\Tli,~ :lullcllj'-~1_L- iJn.:J /..',i)ilfC"'"J',: ;"'\ :(, :~..;
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Lr'l'o,lil ~"II;F:r'l:cll [:);')11(:'" j~F~ I-,t 'C(:,{) :-'1-' 'll:'1 i 1,' ','.'Iilt :,,::'{::1 1" 1(1(., ("11 ~r-:c;- r'-J;:nu:;,:1i i liS~(Jlii" r'lrf'.c'Sf:f'L,';' IUrj
;,,[: ,--..f ;o;ci:- ','U '::: {~4 ~',':;,(;U:I', C ':=lr;:;'2r i i;::~i:~~,,i... (_:f-;:; f.-",H: bLrU. ~-jiIU ,:'B P:"eS';j"...:::;ron ni
,;\~,l"hf:J:,ologi:::al i-Jnd H!;;iCltiCi'l> [J5:8 ,~'\cl uf ::)1,)(:; ('ll3 l,' S
.HJ9a, -j, ('t seq ,I by
{i) '/.'1:1'1 1,.'10 ~;C.:::je Hls:or:c i~"rf '~~-:-i'" ;,llIO.'l Ulil(;f; to IGC:l;I'Y P,tJp''::I~;Je~, ii:,'lcd
In or l'ii-qlbi'2 \H 'nc.lj;::;ion If 1 !llC ~'Jclti(nj'll RfJqlster 01 Hr:-,t_orIC P:2ces that 81'(::;
~,~tJbje:.;t 10 dG'.,'tH':d;;~ effects (see 3.0 Cf- R S(-i(;110n dUnn) lJ'~r th.::: prop 0:..:; cd c.1':'--;lj'lit)":
:-ifXJ
24
--
(2, Cor"lpJyi~i~1 with cill reqwrcnlf!n!~; e^~tabllshed' by the State to ovoid Qr mitiD3te
adl/f:rse eIT(;cts Lpon such ;J!'opertlf:S,
(3) r'[>,dHlg by t1e te'ms and conclltlors of I he "Programmatic Agreement Among
UK Federal Em.,rgenGY Mana!lement Agency, the Florida State Histo ric
Prnser\latio n Office, the Floricla Division of Emergency' Management and
the Advisory Council on Historic: Preservation\ (PA)" v,'hiGh ad(jr~~.ses roies
cmd respon~lblllliiJs of Feeler'.::1 ;;,lnd State, entities in implernentrng Section 106 of
the r~aclCll1al His~(Jrlc PresEHv;:ltrcn I~'.ct l:tJHPA), 16 U,S C, .nCl( 8.'ld irrlplernenling
lenlll~t!Omi in 30 CFR, par~ BOO,
{4, VVhf~n ("Hl~' 0''' EeClplent's proy:ct;~ funded under ttll:: Agreer"Jent mclY affect a
historic prcperty, 88 derincd 11 33 CFR !liJD, (2He), lhe F'eaeral Err1ergellc)"
Ivlflija~lerl1ent .L\gE'ncy (FEr'.,'A) may require RecrplC'l'1 to review the eljgitJle scope
of w,xh in ccnSl1ltatlon i,...ith th:=: ~;:nle Hn;todc Prescrvatl:af1 Office- (3HPO) .;::nd
[;ugi;;esi mer -lo[ls of r~~p,'Jir D~ C(!I~f,t'ljCI:I(I.'l th.::li 1,10/1I! cQrlforrn 'Nitl, 1.'18
!r-~r,;IJrmTH:::n,jt~G ;'jpp:-o.21CI1P.-~'; ::';~~I:J~Jr inn-IE: Secretary of Int<::rior's Standards for
He-li.:1!J1rit;.rtic.n ;:>,nd '2iu I{jeiihes f,,'Jr F~e!j-Zibi!ito1tjng H;~t.'~o;ic Buil::fings 1992
(St.::nt.ards), :1'.0.- Secretary (If the Interio!"s GukJe'linc$ for t\rcheclogk,.aJ
D0-cu'-nl,:ntat:ion ~,Guidn!ine-5j f:i'::Jcl'al r~egj::tel" il.:;--:A"?,7L [If ;':111)" other'
::lpplll:~lllF:'-, :3CCiC-tL~i"/ Id-IJ!~cl-i,:,r :~!,.;ud'-~ld5 Ii' FEr..,:u c!'::ii2:Tr:I Ik',:; IhzJ tht, d:':11:Jle
:;,C:-U;"l',' Crf Il.:nlk ",\'111 1,:11, CDr:tUI n: \n.nlh lr!S Standards., ;':;\::r:q_W'flt .:'gl-H'C:~: w
fi~:::lIIICli)':::~:',; n ;:DrJ~ i!:'l,;I::Ui~~ to li"'id~ip, c'-lr:J .;:fh~, '?";<ecl..l:r.Hi bv ;?J:'! ;'Ii'wil-._:>s, t~-,
,:::lJi!:.e ~l\" tc~ ',I,.Tlltf:f- ,-'!,;!r':cill'::;!:ii t!l,jj ~:;S.t3t)li~:hH~ rTlit.l~:~:;;tlnl'! ;,~!'c.1 nxc:,r;(!III()Cj
!rll.-?,:I~~:I1';'-"~" ~I','r fie,: 1:lnicHi rr_-" J~TI[lc-I:=:t~~ [('. SU:~~',~, "'11(::' rl-!-e
SI!:j;:j;IC" ,:;nc: ,'f:Y~:' UI ~n\' :;I,:.Jnjrl:~Z:,lt (;J.'cni,(,:.;:;tu'-all~~d:ur'~;s:l-i;c':l r';~j'/
\~~:'jH'.'1 :~;E- I-if-: 'j~,! '1;'"rll:~i'v?.-:!
(5) I: cll~r0l?-::, 1(:, l:,,;ii!y ~,t=-r,,!:,i\ ':'in:i Ui=r....lll a!1~/ prq~~c: i"ur;dr.!c! jlrq}:.'~ ~t_:I::;'
1:'.';T~!t:;ql(:rn ',~!ll'l',,'r.;I',:[: ,;:;r'I):J."I(.l .:i:;kJ ;:jct:vities., i:'ICIIJdil;q, bL,!t :11:': II1T:lt,?Ci to
~;ub,SlJd(':-j':":B dist!Jrb2n:'~f:: rr'~rn['''',:J1 ol'IIf::es, IJ)~ca\i:1ljun fClt' toctinps and
foun::.~::LDr,,::,: ,::I:'i_1 rnstc1il2itinr; D-: ,.1(irn~b (siJ.;:;h as v\/c~h:;r, 3C:V,'f:r, $tur::-r, cJrefrl;:::,
elf:CII j(:::JI, g-3~, !e;:-ich linEs ?'flU 5C:J,:-ic: t;~nf;~} r~xGepl when:::, tr'9-s2 ~::ctlv!t!es; G"e
restric,(e(l 3(ijE!~Y to ;Jrc'C'.lS ~,re",'j,-)lJ~iy distultH::d bY' th,e insti,lllation, JepI8CemE~r:!t or
mair,lf~n(1f1C'? of SU::~1 utrilties, FE\'lf\ '\,\Ii!! request thf:' SHPO's opinion on tr1E!
pote:-i!ii"::tlihEt arr:heulopicaf prn;.ie-lies nlEY he prGsen1 ;:JI"ld be atteGh::;:d by SIICh
activiti'e$ T1H~ ,:~HfjO lNill E1{hri:;f~ F;(~,jpiBnt on an)f feasrbii::' ~teps to be
itCGOmpll-Shcd t(l avoid Hn}' "JaIIDn,'I1 Rcqi:;:ter eli9Ii),e ClfClw:uioqlcar prnpcrt:/ Of
',"'Iil .'n~l-;c re:::{)r;':ril{Tjd2jiDI~~; for ['i1'3 d~::W:I!lpfTl~3nt 01 ,,1rC:c'ltment p.lcln f0f the
r{:;;,c;,I;:I/ :}i ;'rC:-ier,) ::J:::;~,3 i'l;l 'II ]h;:: prGr~II.:-;tt''r'.
If F.'C,::;lp1cnt i,f I..ln;:lblo::: tt) il',/()ii:: trlf~ ;::~:-ch:::.:)I:)qlcaJ pn'i'i_'rfy de'.,'f.'lul1, in {;OI'l;,ull<::llinn
'I,,'itl-t 1!lf~ ~::;I-!f.]O,;:~ tl~,\,ltn:,'f~,rl: I):';,: ,1 ;:O;-::..:::ls:e)! \hiJlh tJl"'?' Gurderrnes and t:J~>;:' ill:(!
2C:CCli 1[1.1 1 he:, ;~,jVI:~(Jt':,' CCHH,,::::!: (lI' Hisj,XiC Pf':,~.',,;(~:-vC'11L:)r1 (C:(j[rncin Pil:fI1C,:ilIDi1
"Tr':::-:::1rPH"1i of FI".':-H:'IIv.~s", :"'~eclnjf~nt ~:;.h2Ii icil",,'\',)fC~ Ir:torn::,',tlon
1'-:CEHC~li'lg :~i[: iC<.~trfien~ i ',C) 1 E::f'.:i;\, tl]e;' SHPiJ ;::11:1 tho CC:[!1;cil f.x r8',...ir:~\i\.', If
ihf~; SHPCl ;3>1(: P1C: 1~:DU:-ICli ;,J::.:: r'lot l)~)",-:Lt ,....Ithjn 15 C.:dr,:nc::::!t' [;,::;y~; nf r'3ceipt uf t~')e
"edl"ecl' :-,1::1:\ !=t='t.'1.A rr"lV d!I~..:c~ f";E~I~_i~'k7:'-llllc' lhr,:; [re,;;ll;-!il.'f"it i:d;:jI'; Jf
'_":lh~1 Plr ;j'u''C:11 nr I'F' 1'1:~JC~ (d~I!,-.'!.:t, ;";r?;::[r"I(~"!' ::;1~2,:' :1',.11 P'I:oc:cS'(1 ':.';::1 t:'!':~
1:lrD,;r:~c[ LJr; Iii :hl:' Cd~',II.~,::::tT;ll I::'; r:'::3 ,~Ih,',:',:d
I:C.I} Rf'cip,i:-..'nt 5:1,::111 fJo;ify DEf\,' aflcJ 1- [r,..yl.. -8$ ~,OOIi as pIac'trcabl~O:': i',~} ur uny Cllar lQCS
il) IIv~' ~lp~rDved ~,GQpe 0: .Vor,ll, for 0] hl:;,::I:or ~'ll Regls'ter ellqible 01' IIS1(::'G pfoperty;
(:,'<101' all ::JL:m~~cs w;;: plniect t!I:~)t I1lav result in ;~ ~~up;Jlel:-18n~;11 DSR. or ml'x1!f:i
,'In Hf\'iC;P 11l'{fJect for :~ :'J;: tiO~l:]1 F~r:: 91~;ler cirqrble- {)( li~:,tcd rJi-op(-:;;rly: (c) if it
i"Jp;.;e;.:ws that 8 projl.:.'c! run~jf~G UlllJE'f 11:5 A~]ieel11ent v/iJ/ ~'>f;8C: 2. PI'2".",;ously
unidenliried properly jhat !Tiay ~JP. {;llglble for lI'lGllrsion in lhe I'.Jc.1lional Re~iister or
3i~'3ct .:: k,['jn'.',in h:S10f'1f: IH{I;J-2I-ly In ;m un,::rl~IC:;lp"':31ed mannf;( ?ecipie:lt
25
-y-
..
-
~~r.k'1(i'~vl~:~c1ges that FEI',A.l\ rl'l?lY recurrB ~ecipient to stop Cllnstructiol1 in the
vlcmty of -':he dis<~o"...er~., of a :)rev,'cusly unkienllfied properly that r:-i8Y 1~e eligible
for rf)l'lusiofl In trw N,3tlon:=J1 Re~F!$ter ar upon Icaming a",al constrLJcllUll r'l(~Y
,:1J11:!C: r: hno','.'r. Ill!:1.oric prOPErty WI an LJllantlcipc.1ted rnannt:'r Recl~ient further
3ckilowiccgcs HI:-'J! FEt...tA. m.3Y require J~eclpit:!rd j(1 take 311 rf:(]sorable nWl:1sures
to :l'/C1!rJ Uf r,lnII1lIZ(~ 11E:lrnl LO 5lJl:t., prop;;;nyf un:il F[f'.'1A C011Cludcs. i::onsu!l(lt:un
\Jvilh lhe SH;:.O I~er,:ipicn~ 211~;o :K;kno'lI."8rJges ~hE~1 FEf,,'lA >,1\'111 require, j~~rld
Re,::i!Jicllt :~r'l'jll cuniply '.vitt-I. mo,:iiflc3HolS to the project sCDpe of '.'>'or'k flE!f:e.';;sary
to hl1plomf;,1! r~comrn'2n(L~IJr31S to addl'~~s the prolect and the pm;H~rty
iT) Rei:ipir:~ltt "Xk:1owll-!(lC]es th21, lwdc";s FE::r,;,~/.l" spccif!cfllly S(ipu~2tes ol!]l'p,vl<:;f:, i!
sh,-;,lIno! r't~ceive lundlllg tor pro!ec:s "Ivh~rl. \.'.'Ith interll jo a'/Oid trle requirements
of tl'H:' P,A, [If Hie NrlfA, F~e::::lrFf:f1t IltEnt o:l;:~lly Dnd signifiC;.ln{ly ad'/er~;C'!y affects
E: hl~,tQllr,~ property, 01 (1~)\"'lng tne If:':I<'ll pJ\'.'eJ ~o prcv8n1 it. ;illo\'\"ed SllUl
~,~~nfl.::cnt ;<~',,",~'r5c ,~Jhe:':1 l;:) Dce:,-Ir
(II) 1= '.'/111 com;]I,' \'.'it~1 "1",1'0:=::/ ['t' l:"IC E,:luc';;:1:=fn AI"'))(-':'l(i[1'''lon1s o! -i-::J72, as .anldK'C(i (2(.1",1 S C, ;h81~
15G?, 21;;0 iCiE'.::;; - 1 G-3c;j ',','1 ;.:Ii ;llo:~:;);i:', ,jl~CTi'l:iI,,~~II,rl U:"I tn~,: ~),J:';IS (\: 5S>:
{o:~ I' "!III C,~[lil ,:-,1,/ 1/,'irl-~ the C~;'","~'li-'::I,~I::;i',/C' ''1.:C(li;r)i .L,l,u,::;~ ;cjr:d ,t,h:::CI'"IIJ,i;~ITI ;::lrc'v,~nt:():' ""i'rC'2m-I!:'"I~ ;::::r-~d
~;DII,,~;j~I();'i ,,:'.C:I ']1 :=-:-'~1 I'::::' ~-J ~ --:::,~'l--!:", +i ~':: r~:"l-iI;::;I~:Cirl'l:n~-il~c;)'1 nl' H1C ~c.:::~, s ~)f
,;dill)1 :~;:,~),;'.': (l' -L';:~~~;:-IC I: ;("1,
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',I' '::(;1'1'I'!': ''\'":tl': :-:;:::' 'rl(
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I_j':-':.I:: ':::H \!~v_: .:::c,:::: r/ ',:1 ~" !c~" I;
-:'~{" (J(
JI',::';
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e" '-, C i"':'JI _l i : 1,It ,~ 1 '::-:
':-~n:-i ::;;;::l i:;:: i ';'~ ,~l- 3i ~;()11(;: d:::';:; (I: ;:~ (:;L ~,,'::, 1_:;;:.11; ',--I' Ie;'>:" 1 \ :-:;,
(ql
1- \\'111 ':,;~)-:IGI',: "'\'1:1; ~ .-,_,,:::-1<1' : ,-l'Ji -"," ":,C": r:'lf"'..-'::;III,:_,r, 1:0,,-;1 ':.:::~' :_1 ::::
:<: 1 ~~: :,~,,:.., i' 'i,..TJI:
i'~ 'lllr,lS ::-,,,: :':r' .:~; i,~ ': tJ:IC;"- ::':'J:I i I _'"I~::':I"J:;:I:'11 L./ r~~>'I;cJ:I!:ic:: :::r', ,-',' ,r,".:.:j'.::'r!i:':i '_,_jrU,~;lII'::<,
UJ 1;,..:111 GG"Tl::,I~i ,;,,1;:, ~;'IC' t.,:-f:-:!'.,' F'IJliC\' ,-~I,(::- ["'~";'~:" ~[i\lrl/~,(i 1,;:0 L ~-!,:;, t:;,': .:::: U ::.:),~ .::2C.:l,).-;',:'~'),
,"I'lei 111'_' :.}rG'"cis:~)iI~:_ 0; 'f';S s:,:ll~ Er,.;?!'p:, ".' };ISt:'~''''::i ilJ[1 PI~,;l ci,-jO;-lkr.:: rJI,.-I(J ,If'li WIf;;'e:1:
(s) It 'Will comply 'l'Vllll tilE' L..,rl;)I<:i:,X'i iJ.,rliI1i;:il 1/1/'.:;iL::i,r-e ,1::,(' err 1 XJC1, (' US,C, )'l::; 1-115~}, ;lert3.lr1If1-;:) to
the ;~,:~re> h8ndll:-I~J, 2FI(1 t[-e,~trr :';111 cf' vv;~nr~ :.llocce:J <.ifllmals herd for 1'€se;:;rdL t,=:.ac::llIl'iq, or (tHl(:~r
activities StIP;:>C'rtf-ld l::';/ ::'l!l "'J'N,:!!",! uf ,:1'2:sisl~1nc0 unf\:r' In:::> 8greE::ment:
{l) 1~ '.'1lirr compfy w (h Title \:'111 of It Ie CI\..il F~:pl1b t\ct of '';1['8, 42 U S,C, 20Utk 3nrl 42 360 i, 36 9,;'Js
r-',rrH:~ilded. relat n~:i to rlOI'l,(jI~;~~'lrTil!'I;:11:(J:II"' U-18 :;;'JiC, rf;llt;~I, nr fint;nCltlp nfh~;IJsinL], ::-In':! Titlr-:- VI of
the Ci'l'il R.rIJr~ts ,":\C~ oi'1:,.-'<t>,;11::l,L ,:~;;\':~:j.2L "',,hle!; plO~liiJll5 C'I~;C:'Ii'llifl::JI:on :-,~! 111~-'-1)8:,lf, ofr;:)CE,
'", 'I~Jr c~r' !i;-~~Ii'r nlq1n,
lU)
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II ,~
'(,I: ~-:-;, :'11'11':'11:;'::<1. ...;;' U S,C7.;;:.or !\~~.
(\I.)
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~_j:-: :; J!\: ,,'" r: I "--'i:;"
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-:t
~_~,Ilj ~'~G
U.~,: '_'
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t, "
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1"",:1 _":;!~":':'!',\' ',~i,' ;:'2 E:,'!d ,:~~:=re(~
,:\:t (';1 l;:~':\, :" U '-.:~ C:,I~~Jl-~:'4"-,
(,0;)
I :, ili';':, "1 :-,1 \ '< ,". " :; j i -, ,~ I i" ,~, '\ ,__r-, '-;'; I!"
'-n!'w~' ,",-" c 1870, ~2 U.S,C ~725~~
()') [t ','\111 d~;:,;[:::t tile ,'j,'.,', trl~ I 'Iq ~;\,:;-'J "I : y In E:S ~:j; II': ~q ;:';Y~li:;II::l! IC.::c' '....~:I, [,II t: I\;at '<).'121 i Hli',tonc f'~rr:~~;c:.-v~~\ on
;,c:l of: ~J0;), ~~s "lI'nend:-:' I i'j L, ::d" ..:.:/t',
t=~ U '.'.'ill cOnlpl\' 'l'Vljil C'Y'''':I''ln;:i!.~rl;:'1 :;:"1,[,',:.1':]'; "'I--,'W:ll n-f)~:' [)f', ;Hl:Scr:L')B(! purs.uanl ',(1IIIE: 1",I3tVH1 i;'j
::ri','I'O! Irnent;~1 F'Cih;y ,.:'.:t (1; '1 0UJ, ,L' i,) S_C ;,LV'I-,J~_;"17:
raG) It ,...'111 3;ss~~;i the ~w.'~r-cllnq aqe'-I(~~r' Iri :::rsS::Jr'hq GDrnp!i:;Hlce ',I\o'lt:1 the Proservatio'l of Arclwu!ogi'::31
,~:-:d 1-:I::;tol'ic~~1 Pre'3~lv:'I:i(lr; .I'\,_;i oi ]:'1(;6, It! U,::; ,-; ,~O:?Jl':l ,"t scq:
26
(bb,) n \,vill r;or;lply ~vi1h the Rd)~lt!ilt~ltJo:m Ac' ul -:913, S'2GtIDn D04, 29 U S,C, 7~~4. mgarcllng nc.n-
d.scrirrliniJtion,
{cc~ It INill cU:-Tlply 'Nith tl"1I'? f:~IVlm:1rnert11 :;~(II:dcHCS "'ihi::J;, n:,'JY be pres.cribcd pu...-sLl3nllo the S3fe
DI'inking '.'V~ltDr Ac.t (1f ICI7-4.l2 U,.sC, ;jOOl-3UOj, l'ECJ;1rdl"19 the f)1'O:ectiofl or uneJe.rground ',valer
g;:)urCf:f.:
\dcJ) It '1,1,'111 cm"n p I'}" IIl,ilth ~re requ;'utlcrrs of TI11(~~& II ~r:d HI of Ihe Unrforn' RelclGc,tlon AS~;IS;;)nce and
P:'operty AcqLtlsllior Fol:Cif'S /\cl of HIlJ, 42 U::: c, 46:~1-463B, 'NrlCh ,~H(l'~lrjG for lair' ,:md
equit~lbl8 tr8a,':rnenl uf pers)f]s di~pl~lced or VV~iO:;e- properiV is DcqLweri 2':5 d r'8S~Jlt of FeGera! or
tE';~~'ern!~y 2ssr:::ted pIOql:.i.rn~;;
(f--;,e} Ij ':,:ill r.:or1iply ~""'Ith Hlf~ '~'Vi.'d und Sce-~1I(; F1ive,~s. f\C' 1)1 10i3H, rEo U.S,(, 12/1. 1287 l'sdat8(j to
prOleulfl'd CD~T~:JOi1e-~t~~ ;,.'r !Jo'enll:::1 (:c'n'l:Jonert.s I); the n,Jtlonal '.'.'iltJ i:~f1(j ~:::f-'ni{; liVe,s sy;;tem;
!,ffi :1 ',11,;;1 cc,n;pi~r" "Ni~~'lIJI':~' ICdl,:),',>'::I';; :=.:>~r':-::UL:\)'_~ <)r,^k:,-',:: CD 1, :"'I-1;'i',j!::.F'I\): :=.::) : 173t: (VIO;.at;'I~
i'::::i::llltleS): [=() 1:~gF rFI",,)d~jl:::jin 1"ildl;<"q,~r'l~o:;Tl), :;:c> 1-:f~Sf: 1"INpjio.ln:~s.J: ;::::"IU fO 'i.:::tl;,18
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:"!lI(: I!S ,jt.:m-c.:r!r;)I: ,~[JI;:I-c:-:-:::: :;) ~;,~:V':: SL:ff CI(:',')! rri2'-q,lD'/,:e:- ~1,:J l:;,,"ll1li;,r::,'~nt tu ~,;~If:-D;Y \.'eil~1 :lll?
1Ji::119~-:-IIn;lS C.S 0uti:n,~~d In thi9.l\'~;rccm~llt
2. Return the pl[Jpcrt~' Ie Its n<.ltcJi2r stale 'us th(~ugh 110 il1lprOVenHmis r'ad e'/c;.r been
conlE~~n(3d thr::;"'i.,,::on,
,J. Furmsr dOCUI'K'r:t3tiO 1 uf cdl qUi:JllfH::-::J penlOlmef, :c,sn~,e.:; CJrd (-'311 ~r;:II~Hnf]n1 rlP.(>'2'::isar),' 10
in~p8ct bL.II-L;lr":I:~'. ic,,::.::it-::d irl r::eClfllcrri\: IUr!sd,([[OIi to cJetec~ tl',(' pff)~:i',,~I-lce Df 3:s:),:-:r~t:::1:,
al i(l Io.Dci in i:V'C;l;"j j;"::ICL' ':,0':':'1 rl}:-:::'I,n::'m~-::II ';3 '.i1 ;:ilt~ U S_ En',/:m "'t'ilf. ,-:[::::1 F-',olu(;!i;Jr; ,.\pr~T::V
\:-1'.'" :=1"'11 i-:j,~.:
1 (ij [:il\' ',)r"Tk"li,'i; F-":.c;':::-~L)!I :,ric] th,:: '->'1."1\.' :-lc:a,'I~1
4, ,~~TC;~,'i',Ic". (':In:T!t:T,:'j,I~)' r:11 ih:~ Ir,,:' j'~'C::LII'1 i: ,,;',1:1:.:: rer '2::')~:I'~ str~Jct:Jr-~:' 10 Ii'~d:c~'-:~~:
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\''i':~:-I'k
";<i
(;CHICi,II>:):"1 \",<'hleh ,'ltJlTipers the- cont!';,:;c:~Cln;,
8, O!'joIJir~ elil I',aqLIlf't::,!j pcrr:-I:ts,
9, FJ-rO"/loe ~(jcb:~:_:;scs 30lcJ !I~{,:i-LC:G Ilk:i,lt. for (--;dC:!'I silt! .......h.~f'e W{j,I]r wells and septic tank::;
27
I ! I',
~\;';t',"'I:':ri ~tSTl Nc ^IC=~'
")-,r''''
are rn!Je cn!"-;~~(i ~i'ong 1,'.' ~I) 1,:11'.:' n~Jrlt"er of \.vel!s o:md septic tfmks ;'oc:Jted un each sHe
P(cl\'rde cJo';:,_U!~ If3rlt.8.':ion c:1' CIOSUif:'S,
'10. Carn;)I:\,' '"vith r.lcinC nt'()iY ~;tan~!<: rds 3nrJ policies relating ~o 9n8! 0)' eif!cienr:y \N!lICn are
cOl1tc:wlcd r- (118 Selc: el-'e"~H i::-~,nsel\2.jiorl p!arll.~,suecj 111 c;c;rnpi'I.;.H1GC vv!th tilt: En'~r~v
PO.li-G'1 and C.Cll",;l~(crvntIDr: /\ct (Public ,.t~VIJ 9~1- :6:3).
11. Cornpfy 'Nlt:-; all ;,"{};:dJca.i'd'2 S~L-l..,d;=H(jS o;c1cfs, ClI ~'t.'qLWerTiel1t$ I~~su,;;>d under Section ;'12
a'ld Joe of t1e L-:Ir:c,-lll ,.:\]r ,(\(;1 H;! us C, 18Si' {r,l, Section !)08 of the Clean \,<"later Act (33
U_S_ '13Gg), EX8ClFI\'e ()rjer 11738, ;me: 11'lc U_S, Envwonmenlal P~Dtec!iDI1 Apency
reguldtiollS (40 CFR P::lrt '15 .J~ld 81), I,HS ciau;e s~l::JII be i."Joejed to any Subconlr':lcl.s,
12, Provide r.!oc:unlf'-rlt,11 iJ:1 [!~' pl;:'i1r: n::'Jtic(-'s fc,- c1f.lllu!lll'Jn 3ctl,'<itlf~;;
:?s
I I I
" I
III
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I "
: , Agenda Ite
t I f'
No 16E3 ;',
'C," ';;",~)81. 0, )\,',
,~~{ ,:, ,j
Attachment 0
DIVISION OF EMI::RGENCY MANAGEMENT
REQUEST FOR ADVANCE OR REIMBURSEMENT OF
HAZARD MITIGATION GF1ANT PROGRAM FUNDS
~~ECIPIE~-JT NAME:
C ~l!,~I~~~ClJnt,v __,__
t\[JDF~E.SS:
.~---,_.__.- '---.~
CITY, STATE, ZIP CODE ____.___
PAY}.'IENT No
Dcr'~'l AgrE'i::m',':flt r'~u:"p_f:~I'lr'~'1, 6r2:':Q~,I::~ 'I.CI'l~O i 7
FEM.A. Trackinn Numbers:J.?_Q_S,:71-B
Ii I
i: Eligible I' U~i!I.GC."..I,:,::j
I ?118unt .' r,.~.~j~~r,::l
!;____1(i!J<:o______{:____ 7"':~
i __~Ii I
1;--- --I
Ii Ii
n-- II
h "
II: -{
Pn'IJIOL.!S
Pa) men!s
I
------- ~~. -___1_____
I--~i--------r
--~-----r-- i
-i~-'------ i'j
c.--------- r~----II
"roc
J.--Jiu
Current
Request
II OEM US(; Cnil\i
1--~~!SlVe'j--[ co~~:nts
I
[--- ~!
+-11
II
II
I
Otlligah~d
N0n~~edG';-al
TOTAL CURRENT REQUEST $.
I cerl,if~.' that to the bes! of crY kno\r\](;'L'lge l:m(l tJl::llef 11e Dk)',,'e ClCCCllwlts @re co,re.::t. and th3t all ,jlsDUr:3ernents
~'.'erf: 1J13de in aCGr.:;r(fc nc.::e '.I.'I1'h :JII~~[):lcil( or~1; [If :h,e U~:M cigi..::'ertlenl ".-md p.3)"nlenl is due and has rot bt:8n
~Ycviu~sjy leQu,;;~-;{t~d [or tfle;~;~, ;;l1iUl,It(3
RE,:'--;IPfENT SIGrlJ,;;\TURE
t~A,M= AKD TiTLE
OATE:_
r-
'1
)'i A?PROVt:D PROJECT TOTAL $-----
, ADMINISTRATIVE COST S
I) i\~'F'r':C>v'tT' !=e'R FX-, Iv' EO 10T s=~ .
!i
II
TO BE CDMt=JLETE:::! 5Y !JN~SI{)r~ OF Er..1ERGH-.'::;V M,'\.NA(~EMENT
c;OVEI'lNOR'S AUTHORiZED REPRE'SEI'HATIVE
O~,TE
29
~l
Appllcanr5
EJrgible C)~ts .1
100% .'
~l
Ii
Ii
'I
II
I:
I!
,I
II
I
I
I
I
III
I'
II
I
I' Ii
I,
I I,
-r -II
I_~~~~
DIVISION OF EMERGENCY MANAGEMENT
SUMMARY OF DOC'JMENTATION IN SUPPORT OF AMOUNT
CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE
HAZ!\RD MITIGATION GRANT PROGRAM
l\pptIGnnt' ~plliel- CIlh!.[1Ly__
r:::';S,~S~Cf I'Jo --1QQL
[.'cl\..1 A;;~eement No, ,~l..;;:t:i!::l-GC;J~Q',~ 1.-01 'Jl.i7,_
FEI'.,1-,\ Tr:Jcklfl;j1t1609-11.-R
'.~.~"
-,...,'~~".
r;::'---- _..
! hp;'ii(',dn":~
I F:d"::r:::n,;~[t 1'10,
, ~",,'V;Jr,~i:n(, ......:.;J:.Jchcr.
I "I" 'e .
\_ ;..jll~) '_' 8C"" UI
I '-h--I 'I' 'J' .
, ')'" ~~_:~'~' '-',,'
;':1,1tC: \~11 ~;-::.Ii'i-:;r}'
III ~..;rtlcl~~~;
~:Jrnpl(.'[ 1;11 "Jr
',\'(1-'1:. ~1'
\:'::'rf'~lrrT:,-i I';::....
r::~,~ 1:;:_U::1E.{~F,6,TI01\l
Li;,1 fi,.IC...,[':lf'llt,=IIII'I; ,:t',Pf,IH:2flt'S p;J'ir,~dl, m.:1:~~rJai OLJ~ ot
''':I'~:-I('.:Jr't'!; ::;r,):',I-;. :'r:Pii:~,,1111 Dw~r~c~ ~LI:Jir-,n'(::',: '_'It;d r!clil(' of
'" C'r' :'jr :'1 1,:1 cc r,,';;: ':)('1,; ~: \' ,::;-;1':"~i I) ',' ,;],"":,j Ii rl'~- ,t'::'I~l in Ih8-
:~r:pr'.: '.'~Ij ~.',"'lwi,1 dPi:'!IC:"lj",111 ~I-l':' Ji':':o' ::' l.lc.-rd 'lH::;,~:,';Jtl()n ;,If
.__' _'.Il'~ :l'~I':~;'-~~:__".I' -''-'r', i-
.' I - -------
I:
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....___L-__
TDiAL
30
";":/ .:;
----
:Cl"/"-' '-',:'" -'(:'
Attachml?nt E
JUSTIFICATION OF ACV,'\NCE PAYMENT
RECIPIENT:
Indicate by checkjn~ one of the bo:o:.cs beo~.,', if 'IOU EJr€ req(leS~inlj an3d\l2.mce, ff an 3dvi::lnce p,;'!yment is
reqlle~~k'd, budget datE! olll....I'dGh Jr'I8 r~~quest IS JBsecl must he stbrrlitled, l\ny advance pa:yrnent under llis
Agreement is subject to $, 216_'lf31 ('I G,I{,~ lib),. Florida ~jtatlJh=s" Tt18 amolfnt '~VhlCll rliay be adv31lced Sh311 not
cxceer] HIE: expected c,Jsh neefJs IJf the rec,';)!(~nt witl-:Ir1 the rltl.alll'rree IT'lontlls,
r-- -.-" - -.
I I NO ADVANCE REQUESTSD
~.,Jo advance payment 1:3 roquested
;:';:YfTlt:lll \'l,"H ;)e snlE..-:)v or. a
rCI,il~)L1i-~~er7'1.;:-':1 b2l;:.~i~:.;_ r'~o addlllonal
-I
I
I
1-[-- ) ADVANCE REQUESTED
-I
,i:,:::\0'3r1(';(; i);:lyr1en: )f ); _. !~; n;;;qu'2ste,~j BaJani;..;(: Df I
f'.:'iYITI'::'l: .'; '...:,11 i)e rr ;xlE;' Oil a t:>ln :h'ur:i!::'i"llenl ~.1r:.lsi:;;;, Thesl2:' funds
:-1'-C' ::,~:,?-:j,:"r; ir-, rXJY :;L::Jf, ;,l\.ivc:rd t!,~nf~rli~'r to clil~nls, du;,lic~:jrc: fon:'w, I
::=;:\[: ;llll-;;r:;:;~lt' :~:t::ri,ui_'1 SlJfJplii;'; .::nc:: ::ql1iprn9t.,~, '':','c ',,!)cul( not be
[,~,It: ~('I c;,C;',:."tl: 11':(: pr'~lClr,~i..tl v;IIIIOL;; t:-li:'; ~ith:a:Jcf.:.
------- -, - ____ ~_ __I
1"'L'HT::,;,;t;Oii .-::-: n"'UI,;li'.::C'
,_._..._,_.1
ADVANCE REOUEST WORKSHEET
I: \/,)J 7,; '? r ~'(;UC':ctl!lf; ;--1,'1 ;:C;\I::lrE~'~, 1,:nl,"Y,?!':: 'ilf
':,'D :'5'-:7-:1',1
l-n;"C'F"O~- I cc;~L'lcc;"]""-1 ,,;'100; r ,~, -I
'-:J-I-INlTiALCO~TRACT ALlOCATlON--- -=l----=~ 11____1
~ FIRST THREE MONTHS CONTRACT I ] :=J
, I ~~~':::';~~:::;'". "".0'0-'. ,,'s, I - --T- -l := I
_J~~~~;~,~~~~S!one1_1 ____ ,___~, 1_ --J---__-_L___L_____
'Firs: Ulrec. mm-;ths expenditures "We'd ().'1ly bt:, pro..tidcri jOt' :he yr:ii:-S in WhiC'l you requested an advance.
rf )IOt: do m::,t h.we tht5 mformation, ct::tl ~1~)L!r c:orisuJt~mt ,;Al:j th0)! wi!! as:.isl )rOiJ.
lYlAX1~~UM is.DVJ1<~-iC~ /~LLOVv=;~s:!-\.LJLt~A710r,i:
x '~
CeJl 03
HMGP AWllrd
(Do not inclucio match)
'--
MAXIMUM
ADVANCE
REOUEST FOR WAIVER OF CALCULATED MAXIMUM
Rt'~,';I;.~,:;~'i-lt ha~; IIU 1!li~'\"I'(l,j,'; Hr',,'ll~l~' L':Or':ri::.lct 'l'slllr~,' Curnpll~:'~i.: EStJ,Ti:iiec E:':Pf-;;-i:';i-::5 chart
i:~fl(J Eyp:!a.n\Jlio~l or CJn~! I'r!~,tar:ci'::_, bcdrY'N
r J r;eC';fJl(:~nt has e\Gcpti:J'-i~1 Cii")JI~-lstan(:('s nHH r(~ql.llr'3 an O:Jl1V,'Hlce giEa1.i:r than 1"1;<,: tI/1a:C-:IIl'IIHll
A\:"."W-'G8 cfJlclJla1cu anDvC:, COl"il;'dt:le 0-~I:Ir;V'i,l'~d {')~:JI~r::~t.:':s C"13...-t ;1"ICj E;c:pl2natwn Df Circumstances
t.18!OW /\~r21ch 8ddl1ion~L' p;:J-Gd~ I' nce:Jp(],
3t
-.....
, )::<.
:~ i
ESTIMATED EXPENSES
I BUDGE; CATEGORY- ., '--r!O07-;!008 Anticlpated"Expenditures fo.r First Th~ee Mo-nths o.f
~:~N;::::;N:::"-i-:-= --- C~'''ct__--=I
I TOT~L EXPENSES ~___-= I ===------ I
Explanation o.f Circumstances:
32
I
I II
. I
, . .. .
I.
"":':'ih::~:
"J: ~,,',
P:tta c h ment F
DIVISION OF EMI~RGENCY MANAGEMENT
HAZAFtD MITIGATION GRANT PROGRAM
()UARTEF:iL Y REPORT FORM
RECIPIENT ~~illl.lJ.L COllnLL-~,_,___
ProJC'ct NWTlbcr #- F:i09-71..:B
;:'F~OJEc:r Lc)CA,TIO~J: R(~'~rorit
DE~...t ID Ii: OElHlv1,6G.O~:~.~1-(rl.nJ.Z
Q!SASTE~: t~UtL,:13ER ,[flLI~~l~l.[/~l~ __._____.
CJUt..RTEF~ E}-,JDliJG
Pr"J'.IICe 2n--",~)i,m\ of eJd\';'HlCC lund:~ (i:;~_lll;S.':'C! fo: I'F:',-iud(f!
PlovKJC f,.::;irnblJr'.:->Cllleni ~lr'ov~c~l(Jn'.:, tm ~t-,i::;: rlral'8c~:
l-"I C:',~ S_
"ilJly-S('ll, :'UO *.
('i::t-Dt-:',,;,
JaI1-l\IIar, 200 _$_
Ape,June, 200__$ _
,hJI'i<;ep, =:0[.'
S '~I(;~-Llec ;!CJi.l ,C,
Jail-Mar,2CrO_$
Apr-June, 200_$_
r:.)e,~C,f7n: ;:.-1;: it,.' of 't/'}(~i'k c::. ',n--!r,J,:::[?d ,;:", ;:"',,.. :)':: ::-::-1:-; Ll11 '.:-:::1 by ~t(lt0!3 insp:;ctors):
S'Q
r:;-:Ji.-:~,;::t r";"'(;~::c',~llnc CHi ~:':dICij"II~; ,J 'YC':: 'j I""~~_
[I (-: ~;, ~..J: ;"'0 n i i E';: 1 ,-~II 0:':" SC I';';!'~\'f," ~j ..: ..I i'i I, ~1 ! ~I ::i c: L: iC~;': ~':i
PW\ffcJe ,'1 ':;cheduI8 for nm rer:l8lnder ~f ','I"e rk to projf~c c.:c mr-lidlun:
'-'_,,_,~-- ,------ .._---, '-~'..,.~-_...-
,----- -"'~"'_'-.._,".,,-
''''-"..------- ~---'-' -,-- ...._--."...~._, '-"~-' -,--
LJB~<;r:DC' pt-oJi~ms 01' C!i'Gufw;;.l;:mc-,es f(!:clli~g c~:linplr::tl:'-,r: Ci.:j'C, m!!eslow;s, :;0,(;01)'8' or '.'/t;r~" r:mrJ co~,t
~,>:-:tS1 ;:'!.r_,tu:.,- i J C:"';,;l Unc:nr'iY'li
[ ] Under Budget
[J Over Budget
Add!liOI!;-jll,-:'urJ;meri~;""E ;:i'_lIJ['zlicri,
~\!OTE Dr\':s.lorr oj Er[jr:r~lEnc;'.j r'l)I;~'l;::lI-;Jf~t"ll;:'lll ~T)t:.r)-,rf :;t~M r-::i'j.' rr1'cl-rn,,: i:'rlcrlm WI::~I'<:,ctons; .:JI'd.'\)r ':',idil$ ot
,::.HlV llniO, FVGnt~ I~'l;:)"'" Ix::c:ur L'~:\"r'~'c'n qU:'1"1cr!-.,' rCi:J(~IL, ':,'-hi:); il,;I'.j(~ ,:.,;1(-111;[;[.::11'11 IJI:;)JGI LIpari ~,'(JUf
prOr-8cti,;~), ;;uch as ,~I';licip;Jted I)',/f::r:lll"!~;, ,:-;h;~n,:'!cs In ::;(:opp of ~\lnrk et~' P';.".:a~;8 con~,~I'_~t DD,:,t :"':]S 5C.011 a~;
IIIC5C' C:O:l':]ltltH::::; bE~GCJrrH~ t;no'<,''i'l, nrllf.,r','\::se ',>:-;',] 111::']:/1)::::- :uu:'Ic1 nOi1c;xnplial':'1 '!Vltn 1,;\.':Jr 'SuhgrC'1nt ~:\,\'an:'
Ndmt~ an,j F'lhone Num:<er of r)crson:::::':Jnlpl,~tjllg --hiS r-'Xli'!
33
.\~. -,
I';'
-
. .
D,ttachment G
Copyright, Patent and Trademark
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE:
PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLOFllDA.
ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE
OF THIS AGREEMENT ARE HEREBY l'RANSFERI~ED BY THE RECIPIENT TO THE STATE OF
FLORIDA.
If the ReC1,,:licl1t bi'll!~IS Ie. tr~e pe.rlmrnance ::-;f Ihis ,A,WeA,7"lent.3 prf'-'~~xist:ng pa1cnl or r.n;lyr ght,
trll:'; F'cr.:iniBnt Sll~)1I rctzlIn 3rt liphi.s ,'::rld B;llf~k:rnent:::, Ie, :r-':111)re-'E')-::lt~~Wlg p3t~:i1t or CGp~I!lqht LJnle~;s Ihc-
,l;,(in::Je:'n~~r',! pio.....I,::ies c:tt)r~n,,'~:;'2
if an~: l!~~~~::J'''-2,~( (j,' I' "C::l!,:-,n ;;C!l',Sei :), :s cir,,,,'~"C1;';;-d ::-1 :111:' C'Jun::;i':': n~ [If c:l~; ~j n:::.su!t or l....-l\;l ['I
S'::~~'\"I~-~'l';!, ;!L-r,'r-,r'-Il'"~{~ III cicr- t;-r~. ,:'\~1:"'I."T1":'nt (1\ ':1 :::1;1'," \",,::,~.' conn'~:.c;!HlJ hC'r!}\NI!II. th-::.' r,'::,(;ip:'::r1i ~h;:-),!1 fli'-2;- tht:
I ::I~,r'nv\",r\' Dr In ',lent-inn I.:; rr]!~ ['q"/I:' 1(/', {)f ~-,/ ];]1 !,~ I] :: 'T':'~'r- [ (D:::: 1',/1 ,I 10' ~:i ,~J,:::':':' rmln;IL~):-I'''.' !.':f.~h c-r
:'Jtcl~1 ;::lr':):[:~;,:lFYI 1,','i'l i+: "_;;:-'U~!i1~ :1 :1", .Elnl~; ':1' 11,(:~;t,:: 1(~ )1 . ic::.'-v','J I\nv ::.inil r:::i ra',:'ni r 11~~ aC(:I~llrl:~
IJI~'~~CI [,' Iii ::n~j["~::~C;-li":ln ',i::lir: ''1-1';; .)o:--",in~',iX;:',~' c," n;~~.
.;!::::I)(::'I
if"S"I',rl~:C !':' jill' ,~<31-2 ni'
~-;' ::IL;::' 11-, ihr:-, ('\,cn: ~1~';7:: i'~;-II, [:':>:~d',~, ir-,;,~r,i,;c:!::;, :[;' el, (-,,(11 CCIP:.,ij 1~~il;;:I;)ie :-!i:,il','il"i .'?il-f;,
,j!!(.
::'::G'(';::l;,_'ri'-S;;1;::ill
[,.!::!.;: ';-,'1'.' ':::,-;,: ,ill
I'.',rr !~' ,,~(i:::i'U:l~:,1 :jl ':'r:'1 c.' ill ":::)'lnp.'._tl::" V'in, ;I-!,-' :,l('r1,::'.]'t:'-I:::il;:/
UI',;:,,: I: "0, ,1~\(lr-?,:,:I,'1I- rl, :;:.r-'.;, I'~", ~-,!_,,,,, T~.:II'2,!~ri, ;1 ~
;:~:':'~C:II'I,'-::'d ,J Ih,:: ,:::,;cJtc.' .~,i !'12,i-i~'L.1
'c":r~!-':'.I ::Ilil-:'.,' /.<1'
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,;,r' ",'I' '~"::'I,. i i !.:,
: sr-:2d {]i'.,::;,);o.::' .'Ii' 111!C!!'::;Cll!;_;1
ill, ",__,['; i ':c S rl"7! :'''".;-il'l: te I ~ 1'.- ; "~' - 'C'
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J'-i~ ,':11 ',~[:lll(, i '.""1 : ICrl '!:" ',',
Cj[i'J .sh,~i, 11'1(-:1, Llnd':'r Pc.'rr.:i:;fl-,:qd
1_~~:r1'.Jrr~"'l;-~!Ir:t:~.;); t'J.:?: ~\,g)<':~i_:[nf:T.!,
!l..-':_,
'J':::':::
1".-' ,[--, 1lt':':li '\",:11.,:(". I'f' ,:F ~:I:E i',:I(:""-~'; ;-:': sh,,~,d,.: fTC',''': l,u~ll,j
:_I::'i;;',-I~ ::~i" I' '.::tiLli; II r;;~"I:'; ;cJ(.d ~'ITL!U~:.Tli}l!l; te, ,r,',
, ,':\:"'C' i~,' i:!::,r:k:-:,,:', ',Viii 11-IC!iC;;k: :r:"s: ,",~ '::Iij-, ;-:I:l;'I,'n", p~~i~,;:;,
:~: <:.:1: PL;11(-::i'.~: ~ir:'c ;-:(J(,)\,r,~:hlr \,I,'II:,;;rl ~.!'~-;-:;I;;- Q!JI'ln:;
'-1,,:1':"
,.-':.',=-:,.
(I <', I-,::','.le ti,':'
34
"
A'ltachtnent H
Wamlnties and I~epresentatlons
fln;in~i~l_ r\:lal1~,g!='JTlel!!
C:)ntracto(~~, f\nJn:::'ial rn3flzl~~r:~i1I';-:11 ~;:/~,h~fn sh.;:J I p:m.'icll? fD;' Ule iollowwlg'
" 1 t ,~,:~UI~-]t-2, cur:'cnt ;?ind ':l\ir':di.::_t:~ c;i;';~:L:.l~'L;YC' [,' r ::i:? finGI1GI;)1 r''3S~ll1t~ 0: H"IS DiOject (),' :JrD'lr','l;~')
::..::, ::!i:::x-,r,j:,::', P-I~it ILb:.-Tii~\,1 i'il,:-:,! ~;:JL,rc( cmc! 3;:-r~:rll(:;:'Jtlnn 01 fun;~s IL)r ~JII ~clr::I\-'-i~i;-,:.: \.O\i-::ff:<
~:/ 1 n IS GC f'lh ::E:: l'r;: 'c':::o:d:.; '_;" I,~ Ii ::>:m "r" In[clr;TI:,1i.11J1 ;:l 'rtJlrwl~: :u f~I-3nr c,1:,"(~rcs,
,~lJlJ'l<Jrl,'':-c, fi.:-:,I'i'::, o:y I': ,:'~~I(, Y I ('~'rI! q2: ~'J'<.- i "I:::e~" '1:c~9,:.t~,: O~Ji:21""_:;, 1:'i(I.)n'~.:' ;,~rH; 1I"ter'<:,~;1
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Mtachmt'nt I
Gertifi',atjon Regarding
Ceb.lri'Tient. Sl!s;:Jension. tneligib:lity
and Voluntary [xcluskln
Contractor Coveted Tr.an~;;)ction;:
1. Trl(~ pr(Jspec~I"/e GOnt:'iJdor cf t18 Ilf':Ciplent,_,
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Contractor
R€r-:;tpient~s t~ame
By: ,_,___,_~
Sigr.ature-
OEM Contra::t Numbe-r
Name and nile
Street Address
City, State, Zip
Date
36
::::'0', k:;,iC,E4
i'-,:)' s:Tir"er 13, 2007
Fade 1:;12
EXECUTIVE SUMMARY
Recommendation to amend the previously approved carry forward budget amendment
to recognize $555,035.85 in funds appropriated and encumbered for the purchase of
three ambulances ordered, but not received in the 2007 fiscal year,
OBJECTIVE: To properly account for expenditures previously authorized by the Board in the
correct fiscal year.
CONSIDERATIONS: Shortly after the beginning of each fiscal year, staff asks the Board to
amend the new budget to account for revenues and expenses carried forwarded from the
previous fiscal year. Accordingly, the Board approved a "carry forward' budget amendment
on October 23,d. 2007 (Agenda Item No. 16E9). Subsequent to submitting that agenda item to
the Board, staff has learned that a purchase order issued to Hall Mark Fire Apparatus during
FY 2006 - 2007 for four ambulances had not been fully accounted for in the approved carry
forward calculation. Specifically; construction of three of the four units was delayed due to
unforeseen manufacturing issues, causing them to be received in the new fiscal year. The
County is scheduled to receive the remaining ambulances in November.
The approved Carry forward calculation included $185,011.95 to cover the costs for the unit
received in the previous fiscal year. In order to appropriate the fuil purchase order in FY 08,
staff recommends that the Board approve the requested budget amendment in the amount of
$555,035.85 for the cost of remaining three ambulances.
FISCAL IMPACT: To approve a budget amendment in the amount of $555,035.85 for Fund
490 for three ambulances not included in the fiscal year carry forward budget amendment
dated October 23'd, 2007.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approves the budget
amendment for $555,035.85 to appropriate carry forward and expenditure budgets for the
purchase of three ambulances budgeted for and order in the 2006-2007 fiscal year.
PREPARED BY: Joanne Markiewicz, Operations Manager. Purchasing Department
-
I'age 1 of 1
COLLIER COUNTY
:>:1:.)"
Item Number:
Item Summary:
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Meeting Date:
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1 CJf 56
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EXECUTIVE SUMMARY
Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-
Approved Contracts.
OBJECTIVE: To enable the Board to oversee the execution of administrative change orders
and changes to work orders, and prol11ote accountability in the use of staff authority.
CONSIDERATIONS: On April 22, 2003, the Board approved a recommendation to implement a
plan to enable changes to BCC-approved contracts (Section XIV. C, Collier County Purchasing
Policy) of not greater than 10 percent of the current Board approved amount or $10,000
(whichever is greater) to be authorized by staff. Also included in the report are changes to Work
Orders. These include work orders issued under CCNA Contracts which are less than or equal
to $200,000 (Section VII.C, Collier County Purchasing Policy), and changes to work orders for
all other contracts (Section XIV G, Collier County Purchasing Policy) which are not greater than
10 percent of the current Board Approved amount or $100,000 (whichever is greater). The
Administrative report identifies the percentage changes to contracts or work orders that have
occurred since the prior BCC approved al110unt which are below the threshold limits as
referenced above.
The plan calls for staff to submit a monthly report listing these change orders from the previous
reporting period. Enclosed is the monthly report of the Administrative Change Orders and
Administrative Changes to Work Order"s. These reports cover period September 20, 2007
through October 24, 2007.
FISCAL IMPACT: The total change to contracts is a net reduction of $1.613.25685 The total
change to work orders is $388,297.12.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with
this action.
RECOMMENDATION: That the Board of County COl11missioners accepts the enclosed
Administrative Change Orders Report and Administrative Changes to Work Orders Report and
ratifies the listed change orders and changes to work orders
PREPARED BY: Diana De Leon, Contract Technician, Purchasing Departl11ent
-
COLLIER COl'''HV
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Item Number:
Item Summary:
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~ !
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: GGCP Imaat;on Renovation PROJECT #: 80031.3 PROJECT MANAGER: Vickv Ahmad
BID/RFP #: ~ MOD #:.1
PO#: 4500082350
WORK ORDER #: NA
DEPARTMENT: Parks and Recreation
CONTRACTOR/FIRM NAME: Stahlman Enatand Irriaation. Inc.
Original Contract Amount:
$ _266,453.51
(Starting Point)
Current Bce Approved Amount:
$_266,453.51
(Last Total Amount Approved by the Bee)
Current Contract Amount:
$_266,453.51
(Including AU Changes Prior To This Modification)
$---G 3,312.02 )
$_253,141.49
(including This Change Order)
Change Amount:
Revised ContractIWork Order Amount:
i Cumulative Dollar Value of Changes to
Lhi~ Contract!VVork Order:
$k,31:.02 )
Date of Last Bce Approval June 26 2007 Agenda Item # 16D7
Percentage of the change over/under current contract amount_~.:;J~% jj~
Formula: (Revised Amo:.Jntl Last Bee approved amounl)-1 U
CURRC:NT COMPLETION DA7E (S): ORIGINAL: Januarv 27, 2008 CURREr>!T: November 30, 2008
Describe the changes: Eliminate the 3" and some of 4" sub-main line. isolation cate valve. hydrometer and
controller and add a 6" ftanae aate valve to the irriaation line.
Specify the reasons for the change(s) r 1. Planned or Elective r 2. Unforeseert.eonditions ~ Quantity
Adjustments r 4. Correction of Errors (Plans, Specifications or Scope of Work) V 5. Value Added
r 6. Schedule Adjustments Note: One or more may De checked, depending on the nature of the change(s).
Identify all negative impacts to the project if this change order were not processed: irriaation lines will De
instalied in the field with no plan for future use.
This change was requested by: r Contractor/Consultant r Owner ,- Using Department r CDES
,~ Design Professional r Regulatory Agency (Specify)
r Other (Specify)
CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS:
r-
Yes
t7 No
This form is to be signed and dated.
APPROVED BY:
Date:
I(lr-(~r
c; 1,~()(07
I
R"VIEWED BY:
Date:
Revised 07.23.2007
,
1\'
"
CONTRACTiWORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: Collier County Seven StOry AddItion Courthouse Annex PROJECT #52533 PROJECT MANAGER: Hank
JoneS
BID/RFP #: 04.3576MOD #: .1LPO#: 4500025867 WORK ORDER #:
DEPARTMENT: Facilities CONTRACTOR/FIRM NAME: Kraft Construction
I Original Contract Amount;
Current Bee Approved Amount:
$ 20,646,800.00
(Starting Point)
$37,617,933.48
(La~i Total Amount Approved by the BCG)
Current Contract Amount:
$34,713,268.74
(Including AI! Changes Prior To This Modification)
Change Amou nt:
5(850,000.00)
533,863,268,74
(Including This C:-tange Order)
Revised ContractlWork Order Amount:
Cumulative Doltar Value of Changes to
this ContracW-iork Order;
513,216.468,74
Date of last aGe Approval 11/14/06
Agenda Item #. 10 F
Percentage of the change overJunder current contract amount .9.98%"
Formula: (Revised Amount / Last Bee approved amOl:nt}-1
CJRRENT COMPLETION DATE (S): ORIGINAL: Not established CURRENT: Not established
Describe the change(s):lnitial DMPO for tax savings on Exterior Architectural Precast Panels, Floors 1 & 2
Specify the reasons for the changers) rt!. 1. Planned or Elective r 2. Unforeseen Conditions r 3. Quantity
Adjustments r 4, Correction of Errors (Plans, Specifications or Scope of Work) r 5. Value Added
r 6, Schedule Adjustments Note: One or more may be checked, depending on the nature of the change(s},
Identify all negative impacts to the project if this change order were not processed: Would not be able tv take
advantage of tax savings.
This change was requested by; r Contractor/Consultant Iil' Owner r Using Department r CDES
r Design Professional r Regulatory Agency (Specify) r other(Specify)
REVIEWED BY:
rYes r No
Date:
r1~L{ /" 7
3J2d92_.
r-
Date:
Revised 07.23.2007
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: Collier County Seven Story Addition Courthouse Annex PROJECT #52533 PROJECT MANAGER: Hank
Jones
BID/RFP #: 04.3576MOD #: ..1LPO#: 4500025867 WORK ORDER #:
DEPARTMENT: FacilitiesCONTRACTORiFIRM NAME' Kraft ConstrtJction
I
I Original Contract Amount:
!
Current Bee Approved Amount:
CUrTent Contract Amount:
Z33,863,268,74
Cnduding All C;langes Prior To This ModificCltion)
S 20,646,800.00
(Starting POI."'~)
S37,617,933.48
(Last Total Amount A;Jproved by the BCe)
Change Amount:
$276,350.00
Revised ContractJ\Nork Order Amount:
$34,139,618.74
;I:--::::I..ding Tnis Change Order}
Cumulative Dollar Value of Changes to
j this ContractNI./ork Order:
S13,'::S2,E1e.74
,
'------------,...~._-~-,
Date of Last see Approval 11/',:,/00
Agenda Item ii 1C' F
Percentage of the change over/under current contract amount -~J.2:l%
For'Tlula: (Re'vised Amount / Last B2C o;Jvoved amo:.m:,\-1
CURREr'-lT CCI\,1PL~-IO,'.J D/"T= ,~S): ORIGINAL: hJc;t e2li:bhsh,c:-iL.CURRENT: r~ot established
Describe the change(s): To replace the roof on the existing Courthouse Bldg, L
Specify the reasons for the change(s) ~ 1. Planned or Elective ("" 2. Unforeseen Conditions (' 3, Quantity
Adjustments r 4. Correction of Errors (Plans, Specifications or Scope of Work) r 5. Value Added
r 6. Schedule Adjustments Note: One or more may be checked, depending on the nature of the change(s).
Identify all negative impacts to the project jf t.l11s change order were not processed: XXXXXX)(YJeX.,'(
This change was requested by: r Cont,actorlConsultant ell: Owner r Using Department (" GOES
(' Design Prafessional r Regulatory Agency (Specify)
r Other (Specify)
CONTRACT SPECIALIST PARTICIPATION IN IEGOTlATIONS:
This form is to be signed ~'d ~ted.
// / ~,_ l"-..
APPROVeD 3Y/ f,.,' /r-y'\,/-~-
D 0 / n ger /'
1/.\' 1/
r
Yes
r No
Date:
q /2- '1107
, ,
Date:
')Ja \7dl
Revised (J7.23.2007
,v,,
,
..:/
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
~)'3
PROJECT NAME: Goodlette Frank Road IGolden Gate Blvd to Pine Ridae Road)
PROJECT #: 600055 Project Manager: Bob Petersen
BIDIRFP #: 07-4093
MOD #: ..R
POI: 4500079098
WORK ORDER #:
NIA
DEPARTMENT: Alternative TranSDortation Modes (ATMl Contractor/Firm Name: Hannula Landscape.
Inc.
I
Original Contract Amount:
$ 856.950.03
(SlartingPoint)
Current BeC Approved Amount:
$ 856950.03
(Last Tota.l.Amollnt Approved by the BeC)
Current Contract Amount:
$ R69Jt97.03
(Including All Changes Prior To This Modification)
Change Amount;
S 17.837.70
I Revised ContractJ\Vork Order Amount: $ 887.734.73
(Including Tbis CllJ:Ulgl.' Order)
, Cumulilti~'e Dollar Value ufChanges to this Contract:Work Ordt'r: $ 30.784.70
1-
_.1
Date of Last Bee Approval April 10 2007
Agenda Item # 16B-05
Percentage of the change over/under current contract amount 3.59%
Formula: (Revised Amount I Last BSe approved arnount)-1
CURRENT COMPLETION OJ.. TE (5)' ORIGINAL: October 13, 2007 CURRENT: October 13, 2007
Describe the change(s):
#ITJ, Jn~lnlledSit"l\ht"riRls:
a_ I-PH,,';:"-' J)n:orati"l' $np.:i,<iJL\ P:wers: D...,\;i';-;le-)lll Mcdi:l!,-2..1.Q1~,_~:!76 ::f:ii...$lLlit:,-U,,:;,$.{5_.211H!,oll- 4-JIT)jr,ncd.']I!r.:;oil- rlac'~cl k (;r<Hlt;..d..i::~~
ii'- ~2~,001 =$C6 332Jil)), 1(,tal Amount (0' Su/1sectiofl tit Jtr:m< '&4 =$(1/ 6!5.MIJ
#I'-"-I'lant Mllterilll,: Plllm_~tTrt'es
~u_:tnlm TrCUQImli!.:..lll:JJ,tl,ete 1-54<':.itJi'i J;537_0(1) = 1(:2.<:,~(!lilill1;l'.~, 2~r.!!!JJic Tl!h:l>~uia_2~..l~L.LQJ!Lfu.!l:t'L.J2c.Lj"!lS1nlr!!.ill_c~, :ZiSLX_:;',O(~
s:" r.2&JI:J. c- 4-Alcx[\flder Palm ;0' lit, [)~Ictc- (>{] R,_Qachidc and M~.Qii!flv:.~h!'2: $r.8(l_I}{tl.:::...Illi,~l\.Q-().0l
d, 4-A..l~~~n_(fq,.r~lm 10_'..11.(, Add '-''lI\,,_,\Cl~id~':7ea, fa' ,Elf:.iIJI.[IJ...::...H..R(ifU!l:t..t: ,!-h1xtailJ.::i.!lm_ln.: ht ll(:Ir.lr,.o!J..llila<:L<;;cf,/: f.~ 13rJ!~:.1?l.!lJ!0l.=
UU__lliJJoJ..; (, Ir,-E'-'-;;b!iI1'"lrn~([JL\c.As!.(J..QDJ19_11dsid~J~$~LO~fllil.:- $l("--Q..J!~.I,
r.:lJ'Rjbbon Pai,lJ:!..lQ: hI Dd.\:lC' oJd0..edian I~ '-lea_ @___&lJd!10_-:::.J;Wf>.,0Qj~.b~1~:J'1~nlg,orn[")'J'"I''l,Jll'lcl>:_[lfl n.";"i';;LU:'l,,,J,i $"2 J5-,-O(l\.~ ,'f."(::'I2.QW
rollllAnrmm! (l!'!iuhfcctlon tl4l/em.f 1---4&9,f] ~S(15 JJI,(}O!
~ ,<.;brllr.s
n- 1,1,Snwr S~" rJlmc!jQ....l&!.LDdel~ 1-1(;)"11 ra' S:7::'OO1'" $(11 521PDL,b,:___Ll-=-pw~rf[ire:tISb2!'.<1! ;';1l1>2Lf(lc..S_i1~Ui!~';,ime!(011(']elJ, @:...HL"~~\ =
iLlBJ_)8 'c- J]~!lwurfFircl'1\l~h .3 r.,d, Delete a! Wells (~.u.Q~~ $R,_~,~$(2Xg..E..~--.L;
d-l0,Dwa..-f AJlamlllld'hl.gailleictc at Wells (.24]~1I,_@.Hl601~,~L2~07;!Jill)
-Gr(lundCovcn
g:U,:I)fJh!tl~'!)(\r~). in the Medians' K~I.ikfu!m..f:J]S5e_i;".@;:5.8,~:D.=-102 261,75)' f- J~-Add Crov,n (lfTh[lm~] "gi!!~..cii~
(1785CJ, la' ~r; 51':1'" $1 1~4S,.30 ' e'-]5-Add r.~om, lloat at \'-'e1!s36" I),_~, l156ea @l.$6,58\=H),)264g
h,15,Ded\lcLQI!~nlOrns ] ~~t renlace to ~6" (.80ka la: S6_~ln =,K~--,281_74);j_ 16-Green l~land Ficus 3 val Dclete MedilllUJ (-43C(l,u' j;C),Z.2.=
H'197,7~l - ;, 17-Juniocr 1211]_ Delete ~t Wcll_ti.:1..0ea.rm ~8 (i~2~8,OO) ,;.,.k..:.~(l--S\XUJQD!til.lIl...l&llli:JlLW.~Jl~i:5_i8!M.(.}J ~('I 29) ,:,lU,,(I1 8.201
i- 17-Smj Bahia Add at Wells 19310$[\;7: ~O_19); $17(,8,90' TnlafAmoUflffo,.Subuctiolt fIIllcm,~J4,13&10.& /1-/7&20",$(2.1 3fU,aOl
#V-j,.rIPlIlionMatcri..ls
5!.:.....f':.l'!:i~EJ2 GaLloUQlj~i.!llilJ!!I,,-d cm,tmi wji~_G9(,4QO L ',i:' S(l,~91" l.'X5 9Q2,J..Q
!l:..J(i-lleari;;,~_H<\i!l:!!iffi.nQI?Je~ in Hunter !flst;, Sr-r<u;.._Velcl<: MediJn_;L,~,i~a_ iff ~'i6_(1{l\-c \;1252.1l(l}
~:_J7,lJe_~_d~R'liD-bj_rd_Ze..rillub~imluci 1:Jt~J'1!.1 pipe.;.J.leict\;,Mc-CliHn ]2 ,-=-ka~J.:lJ_OO) '" "Lt1.(I!1j
d- J7-!blCS: k,llj!.i,oi,.a z,.ri BujJrlCT< me] )~leral nil'/:: Add for !lQl- "treel,Tree~(3)ea ,i'i5:nDJl.l.::.1.l~1.QJIQ
t:_JB.:Sle/:\'u.DJn'''lional FI.Qr~, 6"'2~4Ir @ ~29QQl=_HiA'iLilll;J-....l<2:S1~c-v.:s r)irecl;Dn~1 B"re 4" ( :,~J1L@..1JS .f)(lL=,$D'!'!,O{!)
F_:_-Sien~llir.!;~tio'\a! Il()!~.l'~!~;W!L,:'q.; $1~.A51 '" ~~J13".O()~](>faL1r,u},u!!!J{''' Suh~"dir", !is Il~Ui.!.f>:.j_(cl1!JllJlg fO
fI\"T -P~I'ns! MatcrillI~
;,]<"\,,,1 PJlm 5'-6' [C~" ",,,ad full,: DC:"'I(' (,""" ,ii' ~(~(lO) = v~ );C'); 001 Toto! Ammlflll;'r_511I'l.,:.gJr>n fir, JI","2 '-S,(:.flIIIU}/I)
SuI! Total,Add~l})deles [or C(lnlrn!2tlfem~ In-\'! "',~17 X37,7Q
Specify the reasons for the char-gels) r 1, Planned or Elective ~ Z, Unforeseen Conditions
~. Correction of Errors (Plans, Specifications or Scope of Work) r 5, Value Added
r 6, Schedule Adjustments Note; One or more may be checked, depending on the nature of the change(s),
Identify all negative impacts to the project if this change order were not processed: Median #2 oaved du,.ina road
construction oliminaona the need for pavers' olant material substituted wldrouaht resistant non-irriaated material due to
potable waf! location in median, Not Blfowed to utilize ,.euse irriaation water within close oroximity of wells. City of Naoles
reauested the chancre & addition area (0,. maintenance of wells, None irriaatcd bahia is substituted for (lor8tam & crown of
thoms &. iunioer &. areen Island fin, Additional wire is needed, the cost to be covered.' oaid fo, bv Desion Consultant A,Gail
Boorman &. Associates in the amountof$13 273_61 due to iJ lower auantltv of wire indicatoo on the bid sheets,
This change was requested by: r Contractor/Consultant f( Ovmer r Using Department r CDES
r Design Professional r, Regulatory Agency (Specify) r Other (Specify)
~ 3, Quantity Adjustments ~
CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS:
r V"
r
No
APPROVED BY:
~_ 0_ ZS~Ci7
"g' l)D;( ~1Jil J
. . ''1 rt.,,*. _":_ .2:-(., +-07-
,-,peClah t ..'
REVIEVVCD BY:
handa Cummings, Con
Revised 5,21,2007
_ >~t
,;!.'":'"'
J
-Jr,
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: Collier County Emeracncv Servi:::es Comolex
PROJECT MANAGER: Hank Jones
PRDJ ECT #: 52160
BIDIRFP #: 04-3609
MOD #: ~ PO#: 4500030516 WORK ORDER #: NA
DEPARTMENT: Facilities
CONTRACTOR/FIRM NAME: Kraft ConstructIon Company, [nc
~- . -~-- ----
i Original Contract Amount
I
,
S ZC:,::2,SC2.0D
(Star.ing Pcmt)
Current Bee Approved Amount:
$ 34.322,150.87
(Last T:Jtal Amount A:::lproved by the Bee)
Current Contract Amount:
S 34,322, ~ 50.87 . .
(Including Ai' Changes Prior To This Modification)
Change Amount:
$ (571.431.47)
Revised ContracUWork Order Amount:
$ 33.750,719.40
(incl'-ldi.'lg This Ci--,ange Order)
Cumulative Dollar Value of Changes to
, this ContractIWork Order:
S (4,7E3.1B2,60)
Date of Last Bee Approval_September 25, 2007 Agenda Item #- ',G E 7
Percentage of the change over/under current con:ract amount -1.6C'i~
Formula: (Revised AmoLi;;t,l Las: BCe approved amoun~)-1
CURRE\,T COMPLcT:ON DATE (S): ORIGINAL: :)ec 2008 CURR::::NT: rvla:-c.h 2009
Describe the change(s): Direct Material Purchase Orders
Specify the reasons for the change(s) ~ 1. Planned or Elective r 2. Unforeseen Conditions r 3. Quantity
Adjustments r 4. Correction of Errors (Plans, Specifications or Scope of Work) C 5. Value Added
r 6. Schedule Adjustments Note: One or more may be checked. depending on the nature of the change(s).
Specify the reasons for the change(s): Tax Savings
Identify all negative impacts to the project if this change order were not processed:' There would be no tax
savings.
This change was requested by: r Contractor/Consultant
~
\. Owner
r Using Department (' CDES
r Design Professional r Regulatory Agency (Specify)
r Other (Specify)
CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS:
d
Yes
~
I
~o
APPROVED B
Date:
4+
'llz- c/o
. I
REVIEWED BY'
~J-.
Da~e:
Revised 07.23.2007
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
i>
,
~) ('" -,.n
PROJECT NAME: Naples Jail Improvement Proiect PROJECT #: 52008.2 PROJECT MANAGER: Bob Pierce
BID/RFP #: 07-4122MOD #: 3 .PO#: 4500080781 WORK ORDER #:
DEPARTMENT: Facilities Management CONTRACTOR/FIRM NAME: Vanderbilt Bav Construction
Original Contract Amount: $ 8,598,238.00
(Starting Point)
Current BCC Approved Amount: $7,518,865.49
(Last Total Amount Approved by the BCG)
Current Contract Amount: $7,518,865.49
(Including All Changes Prior To This Modification)
Change Amount: $79,928.03
Revised ContractlWork Order Amount: $7,598,793.52
(Including This Change Order)
I, Cumulative Dollar Value of Changes to
this ContractlWork Order: $(999,444.48)
!
I
J
Date of Last BCC Approval 9/11/07
Agenda Item #16 E
Percentage of the change over/under current contract amount 1, ,:)C;%
Formula: (Revised Amount / Last Bee approved amount)-1
CURREIH COIviPLETIOI~ DATE (S): ORIGINAl June 2008 CURRENT: Julv 2008
Describe the change(s): Application of Tuf Top Epoxy Floor Coating to second floor cells and walkways as
requested by Collier County Jail, which will add 30 day to contract.
Spe fy the reasons for the change(s) r 1. Planned or Elective r 2. Unforeseen Conditions r 3. Quantity
A 'ustments r 4. Correction of Errors (Plans, Specifications or Scope of Work) P'" 5. Value Added
r;: 6. Schedule Adjustments Note: One or more may be checked, depending on the nature of the change(s).
Identify all negative impacts to the project if this change order were not processed: The floors would have a
patch coat of paint and would not have a uniform finish. /.
This change was requested by: r Contractor/Consultant rVowner (- Using Department (" CDES
(" Design Professional r Regulatory Agency (Specify)
r Other (Specify)
~/
No
CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS:
rYes
APPROVED BY:
Date:
(~~~ 7
/0/,1()7
,
REVIEWED BY:
. ~a. ger /
,J vi ./
specialisVJ
t/)!t /v17{
Date:
-;
CONTRACTIWORK ORDER MODIFICATION
CHECKUSTFORM
PROJECT NAME: Naples .Jail Emero-encv Gano Lock Release System PROJECT # 53172 PROJECT MANAGER: Bob Pierce
BIOIRFP #:
MOO #: LPO#: 4500073835 WORK ORDER #:
DEPARTMENT: Facilities Management
CONTRACTORfFIRM NAME: Southern Folaer Detention EauiDment Comoanv
Original Contract Amount:
$ 495,536.00
(starting POint)
I Current BCe Approved Amoultt:
I
Current Contract Amount::
$ 495.536.00
(Last Total Amount Approved by the BCC)
$ 495,53600
(IndudingNI Changes Prior To This Modification)
Change Amount:
$ 19,970.00
$ 515,506.00
(Including This Change Order)
I
I
I
--------~
Revised ContractMiork Order Amount:
Cumulative Dollar Value of Changes to
this Contractf\Nork Order.
$ 19,B70.00
Date of Last Bee Approval 11/28/06
Agenda ttem # 16 E 7
Percentage 01' the change over!under CUrr~nt ccntra::.t amount .~, O::;u;"
Formula: ,:Rev[sed /.,mcurt.1 Li'.:lst Bee approved amount}-1
C>JRRE:UT COr,1?LcTJOI"J DATE IS}: ORIGINAL: C\:,t:)b~r :;J_ ~007 CURRENT; January 30, 2008
Describe the change(s): Furnish and install old Folger Adam 2B style systems at Crossover are2S. Add 90 days
to completion time, contractor had to stop working due to ,onmet with other projects going on the same area.
(Jail Renovation)
Specify the reasons for the change(s) r 1. Planned o.r Elective .P\ 2. Unforeseen Conditions r 3. Quantity
.e.9ius1ments r 4. Correction of Errors (Plans, Specifications or Scope of Work, r 5. Value Added
11'~' SChedule Adjustments Note: One or more may be checked, depending on the nature of the changers),
Identify all negative impacts to the project if this change order were not processed:
C~-{/t...D c:Aur
-r~ i?e-f'fJ-',I\c-rJ ~(. 10"""$ 10 &IY-LJ /'1-/\/.0 /ll1+t..F"',,",C.-M.v.
This change was requested by: r Contractor/Consultant )( Owner r Using Department (' CDES
(' Design Professional r Regulatory Agency (Specify) r Other (Specify)
COfJTRACT SPECIALIST PARTICiPATION IN NEGOTIATIONS:
r
Yes
){NO
This form is to be signed
Date:
~/O/I/O 7
10 11/67
, / i
APPROVED BY:
REVIEWED BY'
Date:
I
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME Consulting and Design Services for Capacity Improvements to Goodlt"tte.Frank Road from Golden gate
ParkwlI~ to Pine ridge Road.
PROJECT #: 60005
PROJECT MANAGER: Kevin Dugan
BID/RFP#: 03-3509 MOD#:~PO#:4500016367
WORK ORDER #:
DEPARTMENT: TEeM
CONTRACTOR/FIRM NAME: American Consultino Enqineers of Florida LLC
r-~-~ ---
Original Contract Amount:
Current Bee Approved Amount:
I Current Contea" Amoun"
, Change Amount:
I Revised ContracUWork Order Amount:
I Cumulative Dollar Value of Changes to
i this ContractIWork Order:
s
1,063,253.00
(Starting P:lint)
s
1,525170,00
(Last T olal Amount Approved by the BeC)
15'-4918.00
(Including All Changes Prior To Tllis Modification)
s
s
26491.00
s
1 571409,00
(Including This Change Order)
s
5~ 5t''?') /5i.o,' [lL) <-G
Date of Last Bee Approval October 25, 2005 Agenda Item # ~H,3 B (6)_
Percentage of the Change over/under current contract amount____~_----.2.!~% ,;:c....----
Formula: (Revised Amount I Last Bee approvec amountj-1
CURRENT C8MPLETIQN DATE (S): ORIGINAL: QEi'Q'.lQ1,___CURRENT:--------21ll.11QL
Describe the change(s):_The City of Naples extended Burning Tree Rd and the adjacent drainage system from
the limits of the Goodlatte-Frank Rd. intersection west to the city line. This left a considerable gap with steep
slopes from where the construction ends to where Burning Tree Rd turns north. TEeM is requesting the
Contractor to design a conflict structure that will connect the cities new drainage to the pre-cx.isting drainage
system and lessen the angle of the slopes.
Specify the reasons for the change(s) (" 1. Planned or Ele::tivc X 2. Unforeseen Conditions r 3. Quantity
Adjustments r 4, Correction of Errors (Plans, Specifications or Scope of Work) r 5, Value Added
r 6, Schedule Adjustments Note: One or more may be checked, depending on the nature of the change(s).
Identify all negative impacts to the project if this change order were not processed: The steep slopes and depth
of the ditch located at a 90 degree turn in the road presents a significant danger.
This change was requested by: r ContractoriConsultant r Owner X Using Department (" COES
(" Design Professional r Regulatory Agency (Specify)
r Other (Specify)
CONTRACT SPECIALIST PARTICrPATION rN NEGOTIATIONS:
r No
x Yes
APPROVED BY
Date .,.~ o~ 7
APPROVED BY'
an,!:SIect Mar.ager
~ /7//
tx ',.' r;f!~
Gary, utaansuu, Pr, ProjectMana;w
~ !-C:7}'/ /.. /'
J~ Ahmad/Dlreclor
(
Dale3~/2-07-
Date t7 ~//.7
. I
APPROVED BY
APPR.OVED BY:
::tt:l!/!-;Jff;
REVIEWED BY:
or
''1 U'!Jd!:l-
onl:-act SP:C:;
Revised 07.23,2007
,U
-1
r
I
I
I
:J,r~
co.
l..(
~, ..',.
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: Collier County Emerqencv Services Comolex
PROJECT MANAGER: Hank Jones
PROJECT #: 52160
BIDIRFP #: 04-3609
MOD #: 1.Q.. PO#: 4500030516 WORK ORDER #: NA
DEPARTMENT: Facilities
CONTRACTOR/FIRM NAME: Kraft Construction Company, Inc
Original Contract Amount:
$ 38,533,902.00
(Starting Point)
Current BCe Approved Amount:
$ 34,322,150,87
(Last Total Amount Approved by the BCC)
$ 33,750,719.40
(Including All Changes Prior To This Modificatioil)
Current Contract Amount;
Change Amount:
$ (610.031,51)
$ 33,140,687,89
(including This ChcHlge Order)
Revised ContractfWork Order Amount:
Cumulative Dollar Value of Changes to
this Contract/Work Order;
L~
$ (5,393,214.11)
Date of Last Bee Approval _September 25, 2007__~__n
Agenda Item tt 16 E 7
Percentage of the change over/under current contract amount -344%1
Formula: (Revised .4:T1Dunt / Last Bee approvec amount)-1
CURRENT COM?LETION DAiE (5): ORIGINAL: :le:::: 20011 CURR=.NT: MDr~;h 2CJC9
Describe the change{s}: Dire:::t Material Pur.....hZ:se Orders
Specify the reasons for the change(s) rZPlanned or Elective r 2, Unforeseen Conditions r 3. Quantity
Adjustments r 4, Correction of Errors (Plans, Specifications or Scope of Work) r 5, Value Added
r 6. Schedule Adjustments Note: One or more may be checked, depending on the nature of the change(s).
Specify the reasons for the changers): Tax Savings
Identify all negative impacts to the project if this change order were not processed: There would be no tax
savings.
This change was requested by: r Contractor/Consultant {;- Owner r Using Department r GOES
(' Design Professional r Regulatory Agenoy (Specify)
r Other (Specify)
~
CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS:
1-
Yes
REVIEWED BY:
Da:e:
/0/5/D7
/0/3/07
I '
It
Date:
~,
Re\~sed 5.21.2U07
..cj
-7 /0
!,,"-, ;~,~
>' ~.,;)
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: Collier County Emerqencv Services Complex
PROJECT MANAGER: Hank Jones
PROJECT #: 52160
BID/RFP #: 04.3609
MOD #: 1.L PO#: 4500030516 WORK ORDER #: NA
DEPARTMENT: Facilities
CONTRACTOR/FIRM NAME: Kraft Construction Comoanv, rnc
l
Original Contract Amount: $ 38,533,902,00
(Starting Point)
Current Bee Approved Amount:
$ 34,322,150.87
(Last Total Amount Approved by the BCC)
Current Contract Amount:
S 33.140,687.89
(Including All Chan;;les Prior To This Modification)
Revised ContracUWork Order Amount:
$ (208,493.00)
$ 32,932,194.89
(Inc,Lding This Change Ord8r)
Change Amount:
I Cumulative Dollar Value of Changes to
this Contract'Work Order:
$ (5,601,707.11)
Date of Last BCC Approval_Septembe~ 25. 2007'______,___.___
Agenda Item # 16 E 7
Percentage of the :::hange over/under current contract amount -4.D5v/o
Formula: (Revised Amount/ [_as! Bee &Dproved amollnt)-1
CURR~hIT COrVI?LETI:)N DATE (S): ORIGINAL: Dee 2J)o3 CURRENT: M3JY..t, 2J09
Describe the change(s): Direct Material pur~ Orders
Specify the reasons for the change(s) ~ Planned or Elective r 2. Unforeseen Conditions r 3. Quantity
Adjustments r 4. Correction of Errors (Plans, Specifications or Scope of Work) r 5. Value Added
r 6. Schedule Adjustments Note: One or more may be checked, depending on the nature of the change(s).
Specify the reasons for the change(s): This change represents all the remaining value engineering items above and
beyond the value engineering items in the GMP.
Identify all negative impacts to the project if this change order were not processed: Would not be following the
Boards request.
This change was requested by: r Contractor/Consultant <' Owner r Using Department C CDES
r Design Professjonal r Regulatory Agency (Specif~r)
r Other (Specify)
r Yes ri~
CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS:
Date:
/
10/'-I/v7
,
REVIEWED BY:
D3~e:
/U/Y(OI
Revised 5.21.2007
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Golden Gate Parkway
PROJECT NAME: Grade Seoarated Overpass PROJECT #' 60006
1/
3:l'i
3\~
\/~~
\~~ 1\.';.s~ ,
I
BID/RFP #: 04-3653
?O#: 4500031462
PROJECT MANAGER: James Zuver
WORK ORDER #:
MOD #: 18
DEPARTMENT: T.E.C.M.
CONTRACTOR/FIRM NAME:MCM Enoinccrs and General Contractors
Original Contract Amount:
$ 35,397.385.35
(Starting Point)
Current Bee Approved Amount:
$ 37,951,482,80
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 38.570,140,22
(InGluding All Changes Prior To This ModifJ::::a~ion)
Change Amount
s
195,1RO,69
Revised ContracUWork Order Amount:
S :8,765,3~a.91
'l:;iu~jng This C,'--,an;)e Oca~r)
Cumulative Dollar \'<:.Iue of Changes to
, this Contract!V\lork Order:
$" 3,367.935.56
Date of Last B'::::C Approval 0.'::-J/2=-\0;:;
p,gen:::!z Item #
101;::-'
Percentage of :he change over/under current ::omract amount_~I_~__
rQrmUIi:L (F;e'JI:.;~:J Ar.'oO'J:1t Las! E-,:;C aprr::wd amo:.nt,..1
c-
"
Des:::rfbe the change{s): adcit,oral t(J~sDi: 10. la~ds::2.pe 3reas,
CIJRr\t:r~T C~MP,---=H:.J:".J :),,':;,T::: (S): ORIGlhL/J,L: ___ g/.?t;:2J\Q"~_CURREr-:T: JU:1(' 18th. 2007 (this reaue"t)
Specify the reasons for the changers): Additional topsoil needed for landscape areas that was not specified in
contract plans.
Identify all negative impacts to the project if this change order were not processed: Landscape areas would not be
acceptable for planting, Additior:al work would be recuired during landscape ::::ontract.
This change was requested by:
Contractor/Consultant . Owner
Using Department
Other (Specify)
. Design Professional
Regulatory Agency (Specify)
CONTRACT SPeoCIAUST PARTICIPATION IN NEGOTIATIONS:
,
Yes
C No
This form tS to be sig-ned and cated.
RcVIEV\,::.C' BY
Date
,6,PPROVED BY:
~)at:
1~/1c 7
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Revised 5212007
CDeoS
~
RECE.Pt<E~D
OCT 0 3 2007
i I dns~urtaUon
EI ro1l-n. ~ [)epenment
1
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CONTRACTIWORK RDER MODIFICATION
CHECK ST FORM
PROJECT NAME: Golden Gate Libr.lrv ExPansion
BIDlRFP #: 07~82
MOD #: ~
PO#: 4500075451
DEPARTIIENT: Facilities IIanaaemenl CONTRACTORIFI NAME: DeAnaelIs DWnond Construction" Inc"
WORK ORDER #: N/A
Original Contract Amount
$ ..879.000.00
(Starting Point)
$ ..879,000.00
(last Total
Current Bee Approved Amount:
.~
PROJECT MANAGER: Hank Jones
nt Approved by 1he BCG)
CUrTent Contract Amount $ ".904.000.00
(Including All C nges Prior To This Modification)
Change Amount $14.131.95
Revised ContracllWo", Orde< Amount: $ 4 918.131.95
(Including This C ange Order)
Cumulative Dollar Value of Changes to
I this Cont:r;:e;~()rlc_ ..~~er.
.$ 39,131,95
Date of Last Bee Approval: December 12, 2006 Agenda Ite #: 1Q.E
Percentage of the change overlundel" CUm!!-nt contract amoun 0.80%
Formula: (Revised Amount I Last Bee approved amount)-1
CURRENT COMPLETION DATE (5): ORIGINAL: 718108
Describe the- cha e s : To increase the width of the sidewaI
reauirements, To furnish and install the Colf~r County standard
entrance off Lucerne Road for Dublic safety,
Specify the reasons for the change(s) ('~anned 0
Adjustments (' 4. Correction of Errors (Plans, Specifi
(' 6. Schedule Adjustments Note: One or more may
C RRENT: 7/BI08
a Lu:;eme Road from 6 feet to 10 _r the ROW _ it
'ecr. sion ref Counh' reaui~merrts, To omvide asohaft constru::::tion
Elective ~nforeseen Conditions r;; 3. Quantity
tions or Scope of Work) (" 5. Value Added
checked, depending on the nature ofthe change(s).
Identify all negative Impacts to the project if this cha e order were not processed: Wdl not complY with oermi1tino
reouirements County standard reauirements and a Dotential ub c safe issue
( Design Professional r Regu~atory Agency (Speci
This change was requested by: r Contractor/Consul nt "Owner (" Using Department " CDES
r Other (Specify)
CONTRACT SPECIALIST PARTICIPATION IN NEGOTlA IONS:
This form is to be signed n"'-dated.
APPROVED BY:~--// ,\"
H :~ ,Pri ~pal Project Mana er
Revised 07.23.2007
Wy
es
,-
No
Date: /O!,;) /0 7
, ,
Date!6 / I z./O]
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./
CONTRACT/WORK 0 DER MODIFICATION
CHECKL T FORM
PROJECT NAME: Sheriff's Soecial Operations Buildina PRO ECT #: 52002 PROJECT MANAGER: Ron Hovell
BID/RFP #: 06-4025
MOD #: ~
PO#; 4500073809
WORK ORDER #: N/A
DEPARTMENT: Facilities Manaoement
CONTRACTOR/FIRM NAME: Vanderbilt Bay Construction
Current BCe Approved Amount:
$10.250.269.00
(Last Total Amo t Approved by the BCe)
j Original Contract Amount:
$ 10.250.269.00
(Starting Point)
Current Contract Amount:
$10591.103.46
(Including All eh nges Prior To This Modification)
Change Amount:
$ 534.07
, Revised Contract/Work Order Amount:
$ 10.591.637.53
(Including This eh nge Order)
Cumulative Dollar Value of Changes to
this ContractfWork Order:
S 341.36e.53
Date of Last Bee A.pproval
October 24. 2006
Agenda Item '# 1 DB
Percentage of the change over/under current contract amount
Formula: (Revised Amo:Jnt! Last BCC approved arnount)-1
3,33%
CURRENT COflllPLETiON DATE (5): ORIGINAL 3/22108
CURRE.:NT: 3.'22/08
Describe the change(s): The labor and material (outside the M? nacka e tQ delete one liaht Dole and base relocate one liaht
oole and base apd 3dd one Gardea wall Hoht. ,t.,iso, to :18int the 10 vcrs.to prnvide i'ld1ition.f11 weather nrotection and better aestheti:,::s,
Specify the reasons for the change(s): .::Ilanned Q~ Elective
Identify all negative impacts to the project if this chang order were not processed: Inadeauate fiahtina at the chiller
yard. lost proiect funds. and poor aesthetics
This change was requested by: \... Contractor/Consult
r Owner r Using Department (' CDES
(;' Design Professional r Regulatory Agency (Specif
r Other (Specify)
CONTRACT SPECIALIST PARTICIPATION IN NEGOTlAT ONS:
~.
'yes
;-
No
This form is to be SignKatdated.
-7 'J
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APPROVED BY:" '/ ." ..1- . 1--/\ Q \; ,,_~__
E. ,.
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REVIEWED BY:
Dale:
/0/(,0/07-
/0/1':</07
I I
Date:
Revised 5.21.2007
Ii{
CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: GGCP Irriaation Renovation PROJECT#: 80031-3 PROJECT MANAGER: Vicky Ahmad
BIDIRFP #: 07-4117 MOD #:~
PO#: 4500082350
WORK ORDER #: NA
DEPARTMENT: Parks and Recreation
CONTRACTOR/FIRM NAME: Stahlman Enaland Irrioation. Inc.
Original Contract Amount:
$ _266,453.51
(Starting Point)
Current BCe Approved Amount:
$_266,453.51
(Last Total Amount Approved by the Bee)
Current Contract Amount:
$ 253,141.49
0ncluding All Changes Prior To This Modification)
Revised ContractfWork Order Amount:
$_3,000.00
$_256,141.49
(Including This Change Order)
/ I 'J' -, ') \
$_{~jr\ i.(\ .)1.<: L"-.
, \<:.-/",'/",)
Change Amount:
Cumulative Dollar Value of Changes to
this ContractIWork Order:
Date of Last Bee Approval June 26 2007
Agendz Item # 16D7
Percentage of the change over/under current contract amount-L.4 )
Formula: (Revised Amount I Last Bee approved amount)-1
%
(3 r7) ~1\ [o.rS,,"1
CURRENT COMPLETiON DATE (S): ORIGINAL: January 27. 2008 CURRENT: November 30, 2008
Describe the changes: Install 3" cycle stop as required for the reinstallation of the existing pump,
Specify lhe reasons for the change(s) r 1. Planned or Elective r. 2. Unforeseen Condilions r 3. Quantity
Adjustments r 4. Correction of Errors (Plans, Specifications or Scope of Work) r. 5. Value Added
r 6, Schedule Adjustments Note: One or more may be checked, de,pending on the nature of the change(s).
Identify all negative impacts to the project if this change order were not processed: After re-installing the existing
pump, it was recommended by our irrigation contractor and others to incorporate a control valve or 3" cycle stop to
regulate or control excessive pressure for the existing pump.
This change was requested by: ~ ContractorlConsultant r Owner r Using Department r COES
(J Design Professional r Regulatory Agency (Specify)
r. Other (Specify)
CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS:
Wv
,es
r No
This form is to be signed and dated.
REVIEWED BY:
Date. /0 /ld!1?
j L
Date /611 (;;, 7
I ' I
APPROVED BY:
Revised 07.23.2007
/-5
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: Annual Contract for General Contractor Services PROJECT #: ]ROJECT MANAGER:_Damon Gonzales_
BID/RFP #: 06-3971_MOD #: _1
PO#:
WORK ORDER #:
DEPARTMENT: Facilities
~~iginal Contract A~ount:
CONTRACTOFUFIRM NA~~LocJge Construction
Current Contract Amount:
$
aunt Approved by the BCC)
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'" arting Point)
Current BCC Approved Amount:
$
i Change Amount:
$
Revised ContractIWork Order _A.rnOt!t1t:
$
(In:.:ludlng I nls Change Order)
Cumulative Dollar Value of Changes to
this ContractIWork Order:
$
Date of Last BeC Approval__.._..._
Agenda Item tt-
Percentage of the change over/under current contract amount___~_
Formula: (ReVised I\nlount / Lest Bee approved amount)-1
"'
"
CU'lRf'I,T CCMf'LETIO', DAE (S) ORIGINAL:
CURRENT;
Describe the change(s):_ To bring orig!nal contracts Into compliance with the supplemental contracts.
Specify the reasons for the change(s) {'. 1. Planned or Elective (' 2. Unforeseen Conditions r 3. Quantity
Adjustments C 4. Correction of Errors (Plans, Specifications or Scope of Work) (' 5. Value Added
(" 6. Schedule Adjustments Note: One or more may be checked, depending on the nature of the change(s).
Identify all negative impacts to the project if this change order were not processed: _Contracts for all parties
awarded originally and supplernentally should not have different :::ontractua! conditions
This change was requested by: ':' Contractor/Consultant x Owner i~ Using Department
CDES
r Design Professional i~ Regulatory Agency (Specify)__.____ i" Other (Specify)
CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS:
;X Yes
r No
This form is to be signed and da~. .
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APPROVED BY ..:.~.), ~:~"_
Project Manager 7' --...,
") ----------' 1
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REVIEWED BY . "\ i. / i 'l'..,1L
Contrac SpecialISt
Date /e/I 'Jj(, '/
Date / ijl .sl" '7
{ . I
Revised 07.23.2007
EXHIBIT A-I Contract Amendment #1
"Anl).ual Contract for General Contractor Services"
This amendment, dated "~~11t-k~? ,;(5', 2()(J7 to the referenced ab~eement shall be
by 3I1d between the parries to tt1e original Agreement, Lodge CDnstruction, Ine, (to be referred to as
"Contractor") and Collier County, florida, (to he referred to as "Own;:r" or "County"),
Statement of Understanding
RE: Contract # 06~3971 - "Annual Contr~ct for Genera! Contractors Services"
Section 2, Statement of Work:- Paragraphs 2-6 shall be rcpli:lccd with the follo\',:ing:
The Ovmer shall provide a summary of Work to be performed which will afford the
Cont.ractor the opportunity 10 submit a fonnal quotation for the \\:'ork; the Contractor shall
respond with the information sought within seven (7) working days, For projects \-vith an
estimated cost of Twenty l.'j\'e Thousand Dollars ($25,000) or less. the (hvner .sh:.i11 tlbt3in a
proposal from one (1) of '~he nine (9) selected firms 0:1 :1 t(ltating hasis, ncgotiatl: favorahle
project temE ar,d cO:1ditions, and issue a numbered Work O:-d::r, signed hy the Ikrarlment
Dircctor, to mit;atc :hc prujccts.
For projects with <:In estimated cost over Twenty five Thousand Donars ($25,OOO) to Or:e
llundred Fif-y. Thousaild Dollars ($150,000), competitiyt quotes skdl be solicited from all of
the selected finns, The Contractor shall respond ivith rlH' inform:Jtion sought within Ten (] 0)
working days, The County will fl~-g(1tiatc favorable project tCllm and conditiom, and i~:~:ue :1
numhered Work Order, signed hy the f)~'partlllc:nt Di,(:ctor. 10 ini\i:Jt~ the proiects
For projects with an csti:~l:!ted co_,~t over One Hundred FiflY TilOu~;and Dollars ($150_000\ to
Two Hundred Fifty Tho:.r-;and (S>250,(J()(J), competitive qU()~;It:on\ sid! he solicited frum a!l
:lill:: (9) or the COnInlCId firms, nlc Co"lraclor sha11 r~:;pond wi1h th~' inr()nll:~ti()n sought
within ten (10) \\-(lrkin~ day:>, Tile County wiH :lcgi\liate lavor:ibk project l~T\llS illld
conditions alld Issue a tlumkrd Work Order, ';igned D) tl1e lJivi~,ioTl .\dministrdtoL t(, initiate
,lie ))1'Oj::C1S.
fa each Equest for Quotation, th::: ()wm'r reserves 1he right to speed)' the period of
completion 2nd the collection ofliquid::tcd dUlTlu.s;es in llie -:\':..:n1 or l:lIe compktiol1,
Construction services 5h<:l[! not exc(~ed Two Hundred Finy Thousand Dollars (5250,000) ror
anyone (1) project, and projects in excess of this amount will go O:lt for formal competition,
Section 13, A shall be changed as follows:
A. fhe Owner shall use its discretion for honding \-vh(;n~:l project nny be in excess offif!)' tllous:md
dollars (S5 0,000), J:;QJS.~!JIlI',[:1 cd inL:;;;l:JllQ}Lii,~;.I_Y,J.~Ql..d~l" '~"
Section 13, C :;;hal! b~ chang-..:d ~lS follows:
H. If the surdy for ilny' bund fUITIished by' ContriJctor is declared hank:-upt, hccoil1...:s insolvcr,t, I(l<'!,':.';i
it> rig.ht 10 do bcslfll:ss in the State \If Floricld. or Jl cr:~I';es 1() mect the fi:quirem(;l1~s imposed by
l11C C01l1r,lct Documents, the Contractor SJ:'-lll, v,'ithin rive (5) c;!cnc:lr dilYS thcrc:dler,..';ub!;titutc
:l:lOlhcr bUIld and :;urdy, both ofv.hicl1 sb111 he: subject tll thc (hvncr's apDr(H'al.
Peg, I of 3
<
>../C-,
Deleted: and compl((~d ill mor~ them
thirty Cifl) d:,\".., tbeContractu,hJ_\haJl
heJ('r.lliredtoIHO\,;,jtl':1\1llent:u,,1
l'~r~.unn;m~c Bond,
Sec:jon 14, Pc:yments, shall be changed as follows:
14, Pi\. Yi\IENTS, Gencrally, the Contractor will be paid upon completion; ho\\'cvcr, for \Vork
in excess of thilt)-' (30) days, the Contractor may injic:Jlc on his fesponse to the Request for
Quotation his wish to receive Progress P3ymcnts, .5J1.h:i~9..l1t'nl to i:l:~ fir>..LD.i.!l-Q~:,lti(Jn,_
C:0711ractor must provide Owner with a fully ::u'cutcd Release :mo AffidJ\'it in the form
attached hereto as Exhibit "8" as a condition precedent to release of each pwgn:s<; payment.
All applications for payment, whether for fllll p3ym::nt O~ <l pHlgress payment shall he in
writing, and i:1 substantially the form 3',t:~chcd hereto ;i.~ Exh~bit "C',
The following clausl:s shall he 2.dded to tl1C contract:
JJ. CONFLICT OF INTEREST: Contractor r(',pr:.::scnts that it presenlly h:ls no ink-rest and
shall3cquire no interest, either direct or indirect which would conflict in any mar.ner with the
pcrfom13nce of serdces required hereunder. Contractor further r('presents that no persons
h:1\'ing any such interest shall he cmplo)'cd to perform those sc:-viccs.
34 Il\-f\UGR\ TION LA '\7 COJ\-fPLIA~CF:: 8y execLlling ~lnd elltering inlo t:lis ~lgrCCl'.::nt
tk: Contrac.tor is formaily acknowledging without t:\cCr;il.111 or :;[ipu1ali\lll tb,l it i:> :ully
fe:;ponsihle for complying w:lh (he provisions (1:- the Irnmigr:nion Reform and C(lntrol Act of
19S6 as local,-'d at 8 USe. 1324, c: :;c:q, and r~';~u1:~ti(l:l~; reLllilit', therete., 3:; (i~her rr3y be
::Ill~:nd'.::d, FClilu:,c by tllc Contr~l(Wf ll) comply with ti~c :a\\-s l::fcrcllccj ller::in jh;dl
CI\l";litllte a b:-l::kh Ofl:1i" .1.::,rc~el~1('n1 ;md lLc' C'Hlnt: :hai! h:l\'t tht' discrcticwL tn uflil:l:eL\]]!'
lL-rr.',i:lal:.'. tl:is :J';''Teemt"r:; immcJi~,l~~'I:,.
:;5 \'[J\'lTF: _-\:lY Slll! (J[- :lctio!1 bHlL!~]n hy ('il!:er p,lI~:' lUlhis :\g:-~~cm~'11l ag:linst thc Ojll::l part:
;clati~}g to (If ;l1'l:;illL! flUI nrlh;~: !\t;rcemc"tJ; 1l1'.1st he br<\I.J,i;h; in t!,'.: Jppn1pri:nc f'L:zkfJI w ~;1;llc
wUl-1.5 in C(,liia Cuum)', rk'ri,b, which ;,:(\\1:-1S h:l\'tsnk iJ1HJ '':\:L'iusivc jln!"Jicliul1 UI1 .:Ill
"IJch :n:oC[';,
3(1. OFFER EXTENDED TO OTHER GO"U~'\I\lENT-\L ENTITIES: C\oIl;('f C(lUlll~
c:1Courag(:s and aL!rees 10 the succ('"sf'L;l prnp()s~-r ~'.\lCl1d;l1L: ll'll' pricing, t(,1':11::' :lnd ('('Ilc!il;ons
(,':his sulicit3tiotJ eof n:sul::mt con[[-;1::110 othcr f3o\'Crnmcfit_t1 ..::ntit;es ;It \h,..: JiA'ft:l;(1) of the
successful proposcr,
37, AGREEME!\T TER'I\-IS: If any portion of this Agrccl~lCnt is held to be void, invalid, or
otherwise unenforceable, in whole or in part, t11e remaining portion of this Agreement shJlI
remain in effect.
\\lords dclctd arc in iext boxes to the ;';ght; y,.-ords :lddcd an: ~J~:':ILiDe,lL
'\Il other terD') a:1d conditions ufthe a!2f(-'Clllcnt shall r''::ll1aln in r(l;'.;:e,
]'][;C 2 (\:'
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Deleted: Before allY paymell\ will be
, made
IN WIT!\'"ESS "'HEREOF, the Contractor and the COCJl1ty have ench, respectively, b:y an authorized
person or agent, hereunder set their hands and scals on the date(s) indicated below.
CONTRACTOR:
Lodge Construction. Inc.
By_ QtJk,D'*~QS'cI,?'_J
C \:J-JC+ L _ .l>VJ-Ji-I ).^-
Type Na:ne of Signatory
Pa;{,~ 3 of 3
ACCCPlCdJi;:J11;.,vt/;-i1 ;} .('2007
OWNER:
BOARD OF COl:NTY COMMISSIONERS
OF COLLIER 'OUNTY. F1.0RIDA
By'
lly:
DEPARTMENT DIRECTOR
-/~#?7/f
S--f<J r Camp
CO'\!Tf-Z.:1CI'SPE.Cli\LlS']
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CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: Annual Contracl for General Canlractor Services PROJECT #: _PROJECT MANAGER:_Daman Ganzales_
BID/RFP #: 06-3971_MOD #: J
PO#:
WORK ORDER #:
DEPARTMENT: Facilities
rri9inal Contract Amount:
I
i Current Bee Approved Amount:
I Current Contract Amount:
CONTRACTOR/FIRM NAME:
The Chris-Tel Company
Change Amount:
$
(Starting POint)
Changes Prior To This Modification)
tC')VlC>71 c't1'Vi.J;';7,f
-Iv
~ll t20-:CC-L
1 J "b
/ /1'" ' /..". /;- ("I ;J
'..../ 'L' I l ' ~.~- -- -~ '
$
""-
(Including This Chanoe bxlc~)
. . "\.
Revised ContractlWork Order Amount:
$
Cumulative Dollar Value of Changes to
this ContractfWork Order:
;;
Date of last BCC Approval____
Agenda !tern #
Percentage of the change over/under current contract amount_
Formula: (Revised J\mount / Last BCe approved amount)-1
"
"
CURRENT COMPLETION DATE (S) ORIGINAL:
CURRENT:
Describe the change(s):_ To bring original contracts Into compliance with the supplemental contracts
Specify the reasons for the change(s) (' 1. Planned or Eiective (- 2. Unforeseen Conditions (' 3. Quantity
Adjustments r 4. Correction of Errors (Plans, Specifications or Scope of Work) (- 5. Value Added
(' 6_ Schedule Adjustments Note: One or more may be checked, depending on the nature of the change(s).
Identify all negative impacts to the project if this change order were not processed:
awarded originally and supplementally should not have different contractual conditions,
Contracts for all parties
This change was requested by: C' Contractor/Consultant x Owner
Using Department r CDES
,~ Design Professional (- Regulatory Agency (Specify)
i- Other (Specify)
CONTRACT SPECIALIST PARTICiPATION IN NEGOTIATIONS:
r
Yes
No
This form is to be signed and ated.
APPROVED BY
-'~
Project Mii'nagsV/
-';;( J ,0
Date:
'(PS/ij '7
/o//--,/c 7
, i
REVIEWED BY:
pecialist
Date
Revised 07.23.2007
EXHIBIT A-l Contract Amendment #1
"Annual Contract for General Contractor Services"
f __ .'. :} ./
This amendment, dated ,_~~l)il'~l ' ..:t, 2007 to the referenced agreement shall be
by and between the parties to th~~eement, The Chrls-TcJ Company (to be refer-ed to as
"Contractor") and Collier County, Florida., (to be referred to as "Ovmcr" or "County')
Statement of Understanding
RE: Contract # 06~3971 ""Annual Contract for General Contracturs Sc:-vices"
S~ctiOi1 2, Statement of Work - Paragraphs 2-6 shall be replaced 1,vith the following:
The Own~r shall pro-vide a summary of Wark to he perfc)rmed which v..'ill afford the
Contractor the opportunity to submit a fonnal quotation for the Work; the Contractor shall
respond with the information sought within seven (7) working day'>, For projects with an
estimated cost of Twenry Fin~ Thousand Dollars ($2,\000) or less, the Owner shall obtain a
proposal from one (J) of tbe nine (9) selected firms on a rn!Jting b2.sis, :1egmi:lte fa\'orablc
project terms and conditions, aIld issue a flLlmbered WOlk OrJcr, signed hy :he D~~p:irtml:!]t
Director, to initi:llC It:: proj:;clS.
For prf'jccts with::1:1 estimated cost o\er Tv.LfI~ Fne 'j]wb,md Doij,lr~ (S2" (JOO)'o 01("-
Hundredfl:fy HlOmJnd Dollars (SI50,O~)(l), competitive quotes shat' be suliclted from al: of
the selected firms, The Cor::;-aclOr ~;hal] ;'l~spond with the illforl\ution sought within ten (10)
worlcing (by::;, The Cour.ty wif nef':otiiltc f3\'(lrabk pr~l_i,;;:ct l~~rnE J.nd condiT;()n:~, :md is,ue a
J)Jmkr~d Work O:'(12r, siL~ned by the DCr3.rtf:'lCnl LlircclOr, to) initi:lte lh~' pro.i~::;t;;,
Llr project" with:::n cSti~1Lltcd ('(1:;t O\-~T Ur:e llundred Fir:)' Thuu~;~nd DoJ1ar.s (.'bl.5(l'c)()Oi to
Two IIllIlJl'cd FifTY T/lnusJ.nd (:J;250(hj()), c\lmp:?,ti:ii'c qUOtiH:On5 SkIll he ,;oJicited f:'~)m 811
Cline (9) of the C(ltllrac[f.'d ~rT15, The C:orjTr:t~tor 5h3.]: r',:::p,.lJ~d with the information sou;::ht
within ten 00) working days. Thi..: COlmty will nC.:.~iJIiat~ Cl\'lJrilble ;m:j::ct 1C;',TI3 a;jJ
conditi()lls ilJld j~<"l;t': a rumbc~['cd Work (mLT si.:.~~I(~~ by Ih:,.l>ivi:;ioll ,\crn:nc;tl'illO;_ to initiat(.'
The pro.ic;ct~;,
lJ1 cad R~:quest for Quo(;ltiop., t:1C Ch\'t~c,r reSenTS the rigllt to specify tk~ period of
completion and the colkction of liquidated damages in the L\'em of btc completion,
Construction services s]lJ.Jlnot exceed Two Hundred Fifty Thousand Dollars ($250,000) for
any 01e (I) project, and rrojects in excess of this anwunt \-vill go out for formal compdition,
Section 13. A shall be changed as follo",.'s:
A, The Owner shaJJ use its d:scretioll for bonding where.3 project ma~ be in excess oLifly thousand
dollars ($50,00(1), ~1Ul, (:,(l!]PJct?:1jp-l~_~~Iln~~_~i,:\T\,(('~~LcL:!.:\~~~_
Section 1:';, C s]n)) b::-- chang,~d as foll(lws:
H. lrllle surety all)' hond f-J!'Tlish(':d hy C0ntr,!CIOr i5 ik:;Jared ha~l;~rurt, h,~Ci),fJtS imolvcnL li'~t:.:i.
i~s right to d, "~~;i;;;:ss in the State or FJJricla, or it cc;:~ses to reed the requirements imposed by
the Cont:-ad j, ~~uments, tfle Contractor shall, witbrt t1ve (5) Cdl'CiJclar lL,ys T,h',-r;::J.[':_cr _illh: l.ijL:V~
another hond (l;;j <,urety, l;('tn Of\'ihich shall be "~jhj,~"t to the O.,,\'ner'~; approv::tl,
1-'d0': ] (\['
"':P'
"";:
/i.. Q
,,~ :if .',,,",
----'---..
Deleted: i1nctc(\l1lpJc~d in ll1JrClh:ln
IhirryOO) d~ys, [he CWIlractod,.:1 ~hall
krcql.;rcdtopr(JvideP"yn"'-,taTlJ
l'~rfcrnHnv, B(mds
Section 14, Payments, ;;ha]] be changed as folL,'.vs:
14 FA Yl\-~E,"-.j lS, Uen::rdJJy. the COJ1Lj'dcwr \vill he fil.id UjW:1 C()mp1~tion; hm\'~ve:r, for Work
in eXCL:;,'>s ,ll th:rl)' (30) dJ)-'s_ tIle', CUlltl'ildur I;E1Y Uldit;<lt~ on .his response to the Request for
Ql;otatioll his wic;h to receive Plngle,~s Paymt:nts. ..5.!d.k~1~c'nl_ to tltcJil'SUJav.illW!iC;JliQDl...
Contractor must prcwjde OW'ler \vith a fully CXCClltt:(j Rek:J.Se 2.nd Affidavit in the fonn
attached he:-eto as F>~hibit "B" as a condit:::)!] prCCCc,;ilt te: rdease of celeh progress p.lym~:1t.
i\1l applications f:)r payme:lt, wheh::r for full paymenl (J;' a pH'gress jl:;yn:ent sha]] he in
vl'Titing, and in substantially the form attached hc~et(\ as Exr.ibit "C",
The fl.)l1owing cbuses ':;:];1]1 be addd ~o the contract:
33, COWLICT OF INTEREST: Contractor represents that :t prcse.mly has no inter~st and
shall acquir:; no intcest, eithcr direct 0, indiTe:ct, which w01Jld conflict in any tl1:JJ1ner with the
:'':'Tfonn::LtKc of services required hcrcL.:oder. Contn,ct();- fU:1her represents that 11(1 pC'rsons
:-:'J.vi"g an)-' such interest sh;:l.Ji be e:T~pJoyed to re:rform tfw3:: ~cr\'ices,
,)'l. L'\l1\1.JGR--'\.TIO!" LA W CO'!\fl>LL\NCE: By ec;ed.:t:rI,c and tnknng imo thE :1~c;rccrncnt.
the Contraclor is forma:ly 2.cknowkd;ing \"it~j()u ~'\;cq't:c'n or.';:ipulalioj) 11;:;: it is fl:lJ)
rcsjJun\il1!::': for ;::r.,'n:;~]y;rl;; \\'i:h ,h' I'J\)\'i:-;i(\lb ('[lhe :I:m:ip'~ti(\fi Rcfo,TTl illJd C(i;~trul Ac: (if
j 986 (1:' j(leJ!::d al S USe. 1324, e! see; 2.:ld r<~'~lL1! lon,' rcl:n::1; ,:v:rd;), 3S L~iti:cr rn:].\' he
::m~",-kd_ F:l!!urc ry Ihc C:Olll:-,lClor to C(l1lr1y with th~~ la'.\'<; T,'E~r,~I1C('d he:'.:-ir: :::uli
(:'.1I1~:Ij~,!<(: :l l:T~:,lcil (II' Ihj'~ :!i.:'rtC:l1~:jt :ll:,~ ',:IC L'UIJJ:l:, :::11<111 IL!\t ,;<~ ,iix:-..'lio!J tn u)]il:Jlc:r;jr~
t~'i:TliJj:lCf: thi:; dgr~~'rr:ent im;n::c;i11c:y
J~. "E1\,jl'TE: /,;~y ,':L:it or i1cti,yr] br:l'..:,;ht 0) chl],'T ::-,;~n\ '(I llt:'; " "<"~T:~'r~: ::;!J!rJ:: Iii..' (\;hcr r,:n)
;-cL::.till,L' 10 i1r ;~~i':il!g c!'.1t ofthi~; A[~:'c:eEil:n( rnihll'~' b~-()'.J:~,:I: i,l the :Jrpr(\i'r::ll~' kJ":':11 (Ir :;~itc
COU~l.:' i:l CuIiic:r (:0:';111), fJ.:'rid:l, '.\ ~Iich C'dIJ:-l''; h:J\T 'iok :;11,,: ~~\c]:2::i\-:..' jilri:;dicl!()]! OTl :]11
:;UC~l m:m':-s
_i(.. OFFEI,Lf,XTF:NDED T.O OTHEH. GO\'[R,\Tr\IE\'TAL C\TJTIr.S: C(\!li,-~r COlilll)'
tlh~l1Ur2..~tS :'llld ap'.::cs to tht jU:~' ;;'u: ;:n'l>,l~:n n:I~~IILiil!;' llil pri('lIIg, [em'.::; :clii:'ec'Ilclll]('II:'
of lhlS ':oIicital!Cl1 0:' re:~"![:l!lt C('1,tLlcl l ' ld]c, ~'u\'en;nC:;::ll :;:;Itn:r:" :1: Ihe dL:crCllcl:~ 01 tk'
,~lJi."c:::;;:;ul rr(\po:;~'r,
37 AGREEJ\fF.NT TE-R!\lS: jf :my ponion of thi,; /\~!rec:1';erJt is 1:,'IJ to be \(-,id, jJl\':.~lid, (Ir
otherwise unenforc(::J.b1e, in whole or in part, lhe n:maining pO;1iop. of this Agr'~cmcnt shall
remain in effect.
\:;'':01'05 dckt::d :lre in text Dl)::es lO the ri~nt: words J.Jdcd arc !.:.!.!.ili~rjjne(L
Ail oth::rterms ~l!ld con:Iili()fl~; (If the rtgrcl'!11::'nl,c,h::d! rer:uir: in [c,;;'c
I'?r:' :~ ill' 3
;'! I ,
;' '_\..,f' ':"J
Deleted: Bef()r~ any paym~l1t v.~11 be
'U1?de
--,------------'
IN mTNESS WHEREOF, the Contractor and the County have each, respeclively, by an authorized
person or agent, nereunder set t11eir hands and seals on the datc(s) indicated helow,
CO};TRACTOR:
The Chris-Tel Company
By:
,_ ..[> " ;.~ .~(\ ~..:~_l:'::~,d.fLc Jr.
Type Name of Sign3tory ,--
PJge 3 of:-:;
i _-I::- I"~ )(
Accepted: , 2007
O\',"JER:
BOARD OF COUNTY
COMMTSS10~ERS
or COLLIER C UNTY, FLORLDA
By'
Damon Cionz.'lIes,
Hy:
:EI~~_
S,~~~_!'//-
CO~I~~("r SprCIALlS~ 1 -i"
ny ,~"--JJ) (. (, j'J~l
10':j- Wood
Vi,.
,r, ,,.. '-/;.
.;:,:j ,:Ii :.'J
o
,--
I' ,)
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: Annual Contract for General Contractor Services PROJECT # _PROJECT MANAGER:_Damon Gonzales_
BID/RFP #: 06-3971
MOD#:_1
PO#:
WORK ORDER #:
DEPARTMENT:
Facilities
CONTRACTOR/FIRM NAME:
INm,J,
Revised ContractlWnrk; Order Amount:
s
~.
(L
-)z.
1) if(.) It/v
/'/-,-,)1'4((;(
l,/L " v "
Varian constructioni
II
i
ilU )Lt/Il."'IC
Original Contract Amount
$
(Starting POint)
Current BeC Approved Amount:
Current Contract Amount:
! Change Amount:
$
Cumulative Dollar Value of Changes to
this ContractfWork Order:
(Includll)g Th,s Cllange Clner) ~
$ ~
Date of Last Bee Approval
Agenda Item #
Percentage of the change over/under current contra::t amount_
rormL:ia: (Revised Amount / Last Bce approved cHllour;l)-1
"
"
CURRENT COM?lETION DATE (S) ORIGINAL:
CURRENT:
Describe the change(s):_ To bnng orig!llal contracts ,nto compliance with the supplemental contracts.
Specify the reasons for the change(s) (- 1. Planned or Elective r 2. Unforeseen Conditions t- 3. Quantity
Adjustments r 4. Correction of Errors (Plans, Specifications or Scope of Work) r' 5. Value Added
r 6. Schedule Adjustments Note: One or more may be checked, depending on the nature of the changers).
Identify all negative impacts to the project if this change order were not processed:
awarded originally and supplementally shouid not have different contractual conditions
Contracts for all parties
This change was requested by: r- Contractor/Consultant "Owner C' Using Department r CDES
r Design Professional (- Regulatory Agency (Specify)
i- Other (Specify)
CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS:
r-
Yes
r-
No
This form is to be signed and dated.
,_______00\
APPROVED BY ~.L~/~ _.~
Project Managrzr)
Y'
Date
/c /I.~!C]
, /
/t/>.< /;;?
/ /
REVIEWED BY
Date:
Revi,cd 07.23.2007
EXHIBIT A-I Contract Amendment #1
"Annual Contract for General Contractor Services"
i;?~ /'
This amendment, dated _,~ ",_ ~/]11 )Lb1 _ J _~ , 2007 10 the n:fl:renl:cd agreement shall he
by and between the pani~s to e original Agreement, Wm, 1. Varian Construction Co" Inc, (to be
referred to as "Contractor") and Collier County, Florida, (to be referred to as "Owner" or "County"),
Statement of Understanding
RE: Contract # 06-3971 - "Anr,ual Contract for (,eneral Contrdcturs Servic::s"
Section 2, Statement of Work - Paragraphs 2-6 shall he replaced \,,"ith the following:
The Owner shall provide a summary of Work to be performed which will afford the
Contractor the opportunity to submit a formal quotation for the Work: the Contractor shall
respond with the information sought within seven (7) vvorking days, For projects ",'ith an
cSlim<lted cost of Twenty Flve Thousand Dol1ars ($25,000) or less, the Owner shall obtain a
proposal from (lne II) of the nine (9) selected firr.ls on a rotating hasis, negotiate hvnrablc
pn,ject terms and conditions, amI issue a nUlllbcn.:d \\'ork Order, signed hy the Depanmcn1
Din:C1nr, to initiatt' the projects
for pr~iccts wi:h ;m estimated cost over Twenty rive Thou~-;and Doll::Jr,<; (S25,()(){)) to Olle
11ulldn:.~d Finy ThollsanJ Doiiars ($ 1 SO,()OCi), eompctili\"c CJuOles shaii be soiicilCd from aH of
the selected firms, The Contra,-'lor <1<111 respond with l!l{,: i)]f(lrm~llior, sOlJ}2ht within ten (lO)
\vorking J;l~'S, [')1(' C(lu!:1;; will llt'gOliatc fd\'orabk pf(l,kct tl;:JTIS mie! conditi(;;lS, and i:;Slll' :1
numhcH'd \\iork Order, Sif:-'11Cd by the Dcp:::rt:~1cnt DirCChlr, to inili:llC th::: project;,
for rrn,iccts with In eSlil11al~~d C(lst (\v-.:r' ()ll',~ IIUTlJrl'U r:j i'lY ThllllsanJ Doti3r::: (S] 5(),OOO) 1(1
1\\'(1 HUJlched rift) ThillJS::!lC (S250,()(!(Jj, competitive' quOldlions .'>llaU be solicited from :I!l
nim' (4) of the contraCTed finns" The Contr;:ctof' ~ihJlI respond \\'irh the ir;COrlTl:Ili(lr, sO:lC!ht
within ten IIOJ \\,(yrLi:lg ,bys, The CULlIlly will nC');Cltidll' iil\"01"able proiect terms and
conditions :md i~;:;lJt' fl nllnlht~rd WorL (lrder.sig-ncd hy the Lli\ision :\dministrator, to initi;ltc
t:1(_' rrojc~ct:
1n each I-:cqucst ror C)lIota1loll, tile OWller reS(,~\'C3 the' right to speciCy the' j1(:riod or
completion and the collcctiorl of: iCjuid,lIcd dUITlJgcs in the event or bte completion,
Conslruction service::: shall not exceed Two Hundred Fifty Thousand Dollars ($250,0001 for
anyone (1) project, and projects in neess of this amount will go out for formal competition,
Section ]3, A "hall be chaneed as follows:
.\, The OW!ler shall LIse its discretion for bonding where a project m;]>' be in excess 0ffifry thOUSand
dol !ms {S:; 0, OO(l), .rJ.LIlJ;mcJ Cll~d,jlU_o:'"~~!lw l:,.s.i':J~J(l()_I_ (~:','i;
Section 11 C sk:.lI be- ChJll!:,,-cd ~L': follO\vs:
B, If tlie sUfely for any llond i't:rnisheu by C:ontrdctor is decbrcu b<H;krur~, bccmm:s in,'>olvcnt, l(l'~Q
it~:; rig:11 to do bu';ine::s III lhc Sr:1k of Florida, or it CCil:-;C:'; to me.:t the rcqllin::mcm~, imp(J:~cd by
Ihe Cnr,lraet /)OCUIlICllls, the CO:llr,lctor ~'hall, \\ithin five (51 Glkndar da,ys tilercafLcr,YlhstitulC
alOthcr bond ~llld surd)', both pfwhich ,:r,all b:.: SUb)"cl to the (lwncr's <lpprpva1.
Page I oj' 3
,~rl~\
Deleted: and co"'pl,.t~d in morc 111;0"
tluny iJO) day,_ thcCoH!m,tl>r(,)sh.l1l
be'tqui,~dl"rw"lIie P"pnCH! and
!'eliolln'lnc~ B""ds
Section 14, Payments, -,halJ be changed as f'ollo\'.'s:
14 PAYMENTS, Generally, the Contractor will be paId tljlon comple:io:l: however, for Work
in excess of thirty (30) days, the Contr8ctor m~y indicate on his response to the Request for
Quotation his wish to receive Progress Paymcms, 51]0SeUlICnl ,0 Illl' Ilrsl,J2LtY..Jl.nn.!if<lti(\n~
Contractor must p:'"ov:de O\\'n~r \\'ith a fully ~xcculcd Release and ACfidayit in the form
attached hereto as L.\hib,t "13"' as a condirion p~eccdcnt 10 rcka:-;c of each progress p:Jyment.
All applications for rayment. \-\'hether ror fLill pil:'m~'nt or a prilgress payment shaIJ he in
wriling, and in substamiaily ihe form attached hcrct() 3.S Exhibit "C',
The following clauses shall he addeo 10 tht: contract:
33, C01\1J'L1CT OF INTEREST: Contr3ctor represents thai it prest'ntly hJS no interest and
shall acquire no interest either direct or indirect, whieh would connict in any manner with the
p~rfolTn.'lnce of services required hereunder. CO:ltractor fLillher represents that no persons
h.'l.ving any such inlerest shallllc c:nplcrvcd 10 pe;I()rm those s-::rvict::s,
3-1, fMMIGRA TJ01\l LA W COMPLlAl\'CE: By c~:ccu:niC ;l71d cmcring inl0 this :l,~reL'mcnL
tl1e Contractor is Cormall) acknllwkclgin; wlt:lllul c:\L'c;J~i(\r; or ~',ipulali():\ 1)J;t[ it is iul:)
I-'.:~ponsiblc [()r comr1ying with rhe fln)\:c:ioTls ,11't:;e 1:--:1ll'i'-Cr:lli(Jll J\cf(lrrn ;,lJ1(~ COlmo] :\cl cd'
!l1X6 as JOCl/CO at ~ L'.S,C, !32,l, CI -"cq, :md H.'~'Ulali(\Il:: r,'!Jlillg lhereto, ;,~; tither :11;11' ':l(~
::::r.icr.dd, F;,i;ur,' by ~h:.: (:;,.",';:(:till li-, C()i;,P:.,' "j:1i Ih~ Ll,,:. i(["JCn~'L,J hCi'(;ilt ,~IJJ.1i
cn!lstitule a hrt::tch ofrhis ~1[~lTCIW:111 and ,:1{:' en::)11,'> ';k~il 11:1\,' tll:: (:i:;crcli(ln 1(\ llllil:m::-:di,'>
t:.'nninaTc thiS ,lgr::Cl;1~'m :r~l:1--:,:l;l:lHy,
,", \'ENUE: Any ',\lit or ;JC'i(lll hmu!'h1 11,'> eilher p:lrt:: ,n t:1::; ;\grc:;:l::ll d~:i]W1 ill:: orIK'- p:Jrl:-
reLning tt, 0T ari:;in~), m:t uf this ;\gr~~'Tll{":lT rm:':, b,' 'rc'urI11 i!1lhc ;lI'Pl"l'Priiltc fcdcml 0: ':l;l~,'
c\Jurt:; in Cu!iicl' (:(\',1111.\', 1-:I(ll'id~l, which C;N;rj; h:l\l' \uk ;!nO l'\.cillsin' .iuri'o;dil:til1n In ::ii
such m::lllT<
::;0. OFFER EXTENDED TO OTHER CO\'ERN.\1E\'TAL ~NnTl[S: Culk-r CI11;nt:
ellci">..:r:lges :md <l1!recs In tiw "~:lCcc,,-';f',1] proJl(l~,T c:xlL'lldilll_; II:,' pricing, Inp.h :lTId cumiit!i'n<
of lhi': solicitation 01 result:lllt C(l11tLk:t tl) otiler glln~nlr1lClll,--d ,-'ntltie:; al ~h: discrel i(\n Ilf the
';UCL:cs:;ful prorlls::r.
37. AGREEMENT TERMS: If Jny p(lnion of this A!}.reclllelll i;; hc-ld 10 he \'(1io, inv:did, or
olhcrw'isc uncnforceahlc, in whole or in part the rcrn3ining portion of this Agrcement sl1311
remain in effect.
Word~ dckled {Ire i'l k\! hoxes to the rii-Oht; v\'ords J,Jd'.:d ,ire ',!!'~G 'Iin'.:d,
All other terr.1S and condi~ions of the 3.gre('Jllcnt .c;hall r('main in force,
I':l,ge 2 on
:r
VI b
--,:"
,~, Deleted: Before any r3\~"ent will be
made
/7 G
IN '\VITNESS "THEREOF, the CO:ltrac(OT and the County h[lve each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date(s) indicattd below,
CONTRACTOR:
Wm. J. Varian Construction Co., Inc.
Accepted )t~n7!~ ~_s. 200?
OWKFR:
By L)I"--
BOARD Of COUNTY COMMISSIONERS
Of CO!.LfER :OUNTY. fLORIDA
~._,,,,
WI L-L VIM T \J '-1R...:Au_
Type Name or SignatOl'Y 72..--4) {)1,ct
DEPARTMENT DIRECTOR
l~~
Ski, ,: ,
CClNTRt\CT SPECIALIST I I
\;[, , , ,1
By '" JI 7 '-t(/cd
l:\'lll\,j WO(ld
]\i::~ 3 ur]
(1
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: Annual Contract for General Conlractor Services PROJECT # PROJECT MANAGER:_Damon Gonzales_
BIDIRFP #: 06-3971
MOD #: J
PO#:
WORK ORDER #:
DEPARTMENT:
Facilities
CONTRACI-'2-R1F1Rr""AME,_PBS
Original Contract Amount:
~
Current BCe Approved Amount:
$
t21 IL2>c,-::i)!'u,<-;-
Current Contract Amount:
$
(d
/l;
Change Amount:
$
) 'll Lj/ G/C
R~vised Contr.actfWork Order Amount:
I, ..) LJ1 '1J'- c 1~:(
/lJ
Cumuiative Dollar Value of Changes to
this Contract/Work Order:
Date of Last BCe Approval
Agenda Item # __
Percentage of the change over/under current contract amount
Formu[Zl: (R9vised AmolJnt J Last ace dppro\fcd amount)--1
"
"
CURREIH COMPLETIOI, D!;TE is) ORIGINAL:
CURRENT:
Describe the change(s):_ To bring origlni1i CJntracts into cornpl:cJilce 'vIlith the supplemental contracts,
Specify the reasons for the change(s) (~ 1. Planned or Elective '~2. Unforeseen Conditions r 3. Quantity
Adjustments r 4. Correction of Errors (Plans, Specifications or Scope of Work) r 5. Value Added
r 6. Schedule Adjustments Note: One or more may be checked, depending on the nature of the change(s).
Identify all negative impacts to the project if this change order were not processed: Contrac:s for all parties
awarded origi;lally and supplementally should flot have different contractual cond:tions
This change was requested by:
Contractor/Consultant x Owner
Using Department " GDES
" Design Professional r Regulatory Agency (Specify)
Other (Specify)
CONTRACT SPECIAliST PARTICIPATION IN NEGOTIATIONS:
r-
Yes
r'
No
This form is to be signed and dated.
APPROVED BY ~~._.
Project M~,na r
, / 0') !
REVIEWED BY /)f:::. '_. '. I L' /c7~'-1j!
Contract )eCiallst~
Cale _-1cL.lS!(, 7
I
Date /( /IS/() 7
,
Revised 07.23.2007
EXHIBIT A-] Contraet Amendment #1
"Annual Contract for General Contractor Services"
c--. .-, ~
"['his <lmendment, dated , )~Ot +~.., \~.:> or ~_?,~_ ,..,_, 2007 to the rekrcllced agreement shall be
by and between the parties to the ngmal Agreement, \\'all Systems, Inc, ot Southwest Florida, d/b/a
Professional I1uilding Systems (to be refeneu to as "Contractor") and Collier County, Florida, (to he
referred to as "Owner" or .'County''').
Statement of Understanding
RE: Contract # 06.3971 - .'Annual Contract for General C0n1ractors Services"
Section 2, Statement of Work - Paragraphs 2-6 shall b:c replaced with the rol1owing:
The Owner sh311 provide a summary of Work to he performed which \l.'i]l afford the
Contractor the opportunity to submit a formal quotation for the Work; the Contractor shall
respond with the information sOLlght within seven (7) "....orking days. For projects with an
estimated cost of 1\v(;nty Five Thousand Dollars (~25J)OO) or less, tl1e Owner sh:111 ohtain il
proposal from one (1) of the nine (9) selected tirms on a rotating b:1Sis, negotiate fa\'OTable
project tenllS and conditions, and issue a numb~red \'v'ork Order, signed by the Department
Director, 10 initiat\: the projeCls,
For prn,jccL; with ell; (,Slim,itcd co;-;t (lver Twenty F:\'c ThouSJ.IlJ Dl,l[lJrs ($2S,(1(1()) i(l Chi\:
Hundred Fifty Thou:;nnd Dollars ('j;150,OOO), COll1pc(tive qllO(e::; sh:dl he solici1ed fr(\m all of
the selected finns, The Contractor shall respond with the int'orrnalinf! sOl!ght within It:1~ (10)
working d:1YS, The COUnt)-' will llcg(lliatc [:lVorabk rrnjcct terms JTHJ conditions, and :ssw.:: a
!l\Jmbered V/ork Order. si)Cllcd hy 1he Der:lrll1lCnt IJin:clor, 10 :nili:lle ~k projects,
For jJrojeCls with ,m e:-;till1<l~ed cost o\",~r One I Iundred Fifty ';'ll(\l:s,-mJ Dn;lars i)15(j,noo'i ,0
l\'d) !It:ndred Fifty TII(lus:.lnd ($:250)J()(jj, wJl1r~'litivc qtw1:l1icm:; sh:dl be solicited i'rom nil
nine (9) of ihe cnntracted ilml.'" The Contractor :;hall re<;polld \\'ill1 the inful'r:larloll sought
w:lhin lcn (10) workin).! eby::;, The' ('(lunt:' will 1Il'~',{\tid~C L:JvorJbJc. pruject terms and
clHliJill()n.'~ and iSS'J(; ,1 TIllfllbcn..'d Work Order, si!;nd ;1) i!I~: Divisi(ll1 AdministratoJ'. 10 iTlit~:i[l'
the rl'Oje-Ch
JI1 each l(equest ['or Quotmion, the Owner r(',':('n('s 111c right [0 specify the ;:criod of
completioll and the C(lJJc.dion of liquidJkd damages in the event of late cea:pklion,
Construction services shall nol exceed Two Hundred Fifty Thousand Dollars ($250,(lOO) for
any' one ('_) project. and projects in excess of this amount will go oul for formal competition.
S~CI1()n 13, A shall be changed as fol1O\vs:
A, The Owner shall use its di~-;crdion for handing where' a project may be in cxc::-ss of' fifty thou:,and
,inllars ($:=;0,000\ ,hu! C\\l}Jl'krcJ i 11 Il'<;~;
Sectiun ;3_ C shedl be changed:J.s follo\J..'s
/3, Ii' the surety fo;' :my hond Cllrnishd hy Contractor i~; dcebred h:ml:rup[, hecomes in~-;nlv::llcl()';e,
its right to do Dus-iness in the Slate of FloriJo., or it (l'Jses to nlC::ll~lC fequ:r(;mCIlIs irnpos;:J by
the Contract Documents, the C'ontr:iCtor ~;hdIL within five (5) cak:lclaT" tllJY~; !hercaCtcr,_suhsl;tutc
;molhcr hond and Sllre!y, both ol'which shall he subject to the Owner's appro\'al,
P:n.;e J or3
f/,
E:b
, Deleted: :md Gmnplrkd in !lime l!::in
thirry(301 days, 1IIl'C:,mraclal'I_,}sllall
he r~(l\\in'.d b I'r\J\"I~ic l'<ivln~'nlllll(l
, I'erfo;mance Londo,
Seuion 14, PaYll~~llts, ~hall be changed (is J(lllows:
]1., PA yt\-fENTS, Generally, tr,e Contractor will he paid :lp(ln completion; however, for \Vark
in excess of thir:) (30) days, the Contractor mel)' indicate on his respnnse to the Request for
Quotation his wish to receive Progress Paym::nts, ~Q.t'.'it;~l~~Ll\) the jTr'slJ1i.J.U~tjsln,,_
C(lOtractor must provide Owner with a f..Jilv exccuted Release :lTld /\rTidJvit in the fonn
attached herc:o as Exhibit "Tr '-IS a condition prcT::d::nl It) :-e1edse of each progn:ss payment.
All ;1pplic;:n:oJls for payment. wJlcther for full p}'ln:"nt or 3 prO~Tt'SS pay:nent sha]1 be in
',\-'Titing, and in su;)stanti:llly the form aU'-lcIJ,x :10.;r::TI) as Exhibit ';C",
The foll(l\.....ing clauses shall be 3ddcd to the contract:
33, CONfLICT OF INTEREST: Cor,trac1Ol' represents tlut it presently has flO interest and
s!ull acquire no interest, cithe~ direct or i:1dirl'ct. which would conillet in :my mar.neT with the
perfonnance of services required hercum:cr. ((l!1tri:lClOr further represents that no persons
h:l\'irrg allY such inllT~,':;[ sh:.:II h:.- employed \(\ pcrfon;1tlinse scrvic~'s
,14, IJ\1!\HGRA TlO~' LAW COJ\lPLIANCE: B:,' c\:ccut:n!-' Jnd l~Tlt(.~ring i:llo :his a~'.rccmcnt.
~hc Contractor is f'unllJl1y :ld:no\\:cdging \vitlwlJl l'~:("cp'i(\n ()r s~irlll~l1i(ln 1h:\1 it is full)
r'cspolbihle [or C()11111!yil1)C. with the ;mn'i,:,ium 0: lilt: IlllTnigrali()t~ Rci~lrn, ;,11.1 CU:~l1(11 Act oj'
]O';{; 2.'-~ i(!c:~t::J :l1 B L ,S,C, !~24,::1 s':~_ :::1J :I..',c~;::.:t::,::", ;-C:::1;:1;'. 1:::.-:-1..":;, ;l~; ,::tl1;:- "'...,, h('
:lmL"J),kd, FJihH-,' by thc (\-,nrr:l('u>r to ("('l'lply \\-il]1 Ih:> i~!\'.s rd~~'I"~'nccd her,"in sh:dl
c l)!; ',;1 Jtute :1 brC:lCh (\f:h::; ;l:~rccml'm anJ the: ('nUllt\ :-:hallli:I\'c [h(' r!i';LT~':iml IOllllibte:'Jll:,
IlTIfIIIUlt: tiT' ;:,c:r~":frlc:i' iCln1cdi:IL')>
:;S VE,\'l'E: _-\ny ~uit ur ,-lc'lic!l1 k')~);,I\I \': :':ltl1;:r :,Ir::' ~(' Ihi::\~r,-:~lTIl'T11 :lg:lin::: tile- (l[11t'~ r:I:'l:
r~'I.ItJ:l:-' to (II' :lrisil1;! (ILl "f1li: \!;I'~'~'I1]:.:nlll111':[ h~' :-'ro,I,!..dl1 ITIl! ~~ :1J;:'l"'i1r'l:l~( (~-dCJI W;l:~ ~
(0:1)'[<': in Cullin CO::l11Y, 1:)oTld:l. \\!J:,'1i C\111l~': 11:,\'," ""ok :irld ('\i..'iu<.:;n' :i:ri~,Jicli(lJl 11(1 :,]:
:-;~Jd, :L1HcL:
16, OFFER r:XT[1\;DEIl TO OTHrI,~ CO\'l:R:'\!\lr::\'"fAL EJ\TjT1ES: I. (\:]I('r C(ltJlll:
eClC-:Jur::E~': :md ;1!,'Tel',~ to the ~lli.:Ct':::flrl f':-(lf'C':'l':' (':\:~ndin~', lhe' pr:ciw.' ll'rTn\ ,lIId ("(\TlJiti(,n<
ofrhi" :;olicilat:oll ill' rL'\ult;,~:( cnnt:.l-:t :1' <1:11:1' lll,';liln',:lllJ: Cll,:tic,\ ::llli~ Ji,:-;n~'lil'Il (\:-tji'~'
',lJ{'c\~s"fll) proposer,
,')7, AGREEMENT TERMS: If '-lP.Y ponic'l1 of this Agl"C'cm(1)t is :JL'ld 1(1 b:: ',(lid, invalid, or
otherwise uncnforcc<lble, in \\h(i1e or in pan, lhL~ rCiminiTlg portio1l of this /\grccl\lcnt Sl131i
rcmain in effect,
\\-'ords dckted nrc in text hoxes 10 the riGht' words added 8r~ ll:1dcLli!l~~t
/\11 other tL~rns and condillons nfthe <Jgre::lllcrtl Sh~lIJ I'L'Il,ain in broce,
Pdi,'C 2 oj 3
I.h
Deleted: Before ~ny payment will he
made
IN WITNESS WHEREOF, the Contractor and the County have each, respectively, by an authorized
person or agent, hereunder set their hand;; and seals on the date(s) indicated below,
CONTRACTOR:
'Vall Systems, Inc. d/b/a
Professional Building Systems
By:
~d~
Russell A. Budd
-~_.._--,-,
Type '\Jame or Sign::Jtory
.,
Acceplcd t(I*"-/4' ., / 15' ~ , 2007
OWNER:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By':
B'~:~. T~;:,)i;"~/irl
Lyn)'OOd
Pilge.l of 3
',:r;
:')
r 7
~i r
~
M
,
"
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: Livinl!ston Road (C. R, 88]) Intersection Imorovements at Pine Ride:e Road
PROJECT#: 60016
BID/RFP #: 07-4896 MOD #:
PROJECT MANAGER: Julio F. OrdMez
PO#: 4500078606 WORK ORDER #: NIA
DEPARTMENT: TransDortation Enaineerina & Construction Manaaement
CONTRACTOR/FIRM NAME: Bonness, Ine,
I Original Contract Amount:
I
I Current Bee Approved Amount:
I
I Current Contract Amount:
I
,
I Change Amount:
,
! Revised ContractIWork Order Amount:
I
$ 420.587.37
(Starting PDlnt)
$ 420 587.37
(Last Total Amount Approved by the BCC)
$ 420.587.37
(Including All Changes Prior To This Modification)
$ 6.587.71
I
I
u__J
$ 427.17508
(Including This Change Order)
! Cumulative Dollar Value of Changes to
L this ContractlWork. Order:
~ 6.587.71
Date of Last Bee Approval Feb~alV 13 2007 Agenda Item # 16,8,2
Percentage of the change over/under current contra:::t amount :57 %
Formula: (Revised Amount I Last BCe apDroved amount)-1
CURRENT ::;OMPLETlOi< DATE (5): ORIGINAL: October 23.2007
CURRENT: C1:::tober 23. 2007
De, ::ribe the change{s): Added additional water main relocation valves, increased street lighting conduit
quantity, added additional conduits and pull boxes for traffic count systems, removed existing pavements
markings to match adjacent development work (Marquesa Plaza), added the reto:::ation of an existing traffic
monitoring site assembly, and deducted various pay items from the original contract
Specify the reasons for the change(s): The Public Utilities Engineering Department (PUED), through their
Engineering Inspector (Fred Sexton), requested an additional Air Release Valve for a water main relocation
and the replacement of an existing water valve al a fire hydrant relocation, The Traffic Operations Department
requested to include in the project additional conduits and pull boxes for traffic count systems, which required
the increase of the street lighting conduit quantity; they also requested the relocation of an existing traffic
monitoring site assembly needed to be outside the new sidewalk limits. Existing pavement markings on
Livingston Road south of Pine Ridge Road had to be removed to match adjacent work being done by the
Marquesa developer, Finally, deducted various pay items from the Original contract that were not needed
during construction
Identify all negative impacts to the project if this change order were not processed:
The existing water main could fail without a new air release valve, The Traffic Operations Department would
have to perform the additional work after the completion of the project. This work would be more expensive
and disruptive 10 traffic be:ause of additional lane closures,
This change was requested by: n Contractor/Consultant C Owner C Using Department C COES
C Design Professional n Regulatory Agency (Specify)
T,affic Qpe,atfons Deoartment
!:': Other (Specify) PUED and
CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS: I Yes
'i-No
This form is to be S!9!'!~d and dated,-
APPROVED BY:
Date: I 0 ~ 0'1.- - () c:;-
Project Manage~te __j!!j~71(J_7
eClallst I 7
Revised 5.21,1007
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D8/lS/20C7 13:34
23977443:'2
SC.,F::F
::>i~G::: 02
CONTRACTIWORK ORDER MODIFICATION
CHECKliST FORM
PROJECT NAME: Eaale uk" onaoinQ ExotioJNu;sanC:fl' V~tiOf'\ M3.n:3Q9mll!!im
PROJECT #: c'S_ ~"'"\ PROJECT MANAGER:
BIOIRFP .:
MOD.:
PO#:4500071&<l2
WORK ORDoR': EAB-FT -356t\-OG-01
DEPARTMENT: PU~
CONTRACTORIFIRM NAME: Earth Balance
I
: OrigInal Contract Amount
I
I CUrT'I3-I'lt Bee Approved Amount:
I
,
I CutT'Rnt Contract Amount:
I
$
1 0.650.00
(Starting Point)
$
$
(Last Total .Amount Approved by the BeG)
10,850.00
:Including All Change' Frior To This. MocHfiCll:ion)
Change ^mol.fn~
$
2:,900.00
~;::-~d Co!'!t~GUW~rk Dl"f'hllr A,....Qunt;
1~,5~t')(l
(lnc;JuCi~ Ths 2ha,'1ge (jr::jcr)
Cumulatlve Dolla.r Vi.lue of ChEn~s. to
this: ConnctJVtlQrt: Order.
$
2,OC)O,M
Oats of l..e9t sz:;.:: Approval
Agenda Item #
PMCentage of ehe cl1lm"e overiunOo:lr eurm~ con~ct ;tm~un~-ll-.:~ ".4
F'orm~la: (Revl~ed AmOLJnt f Last Dee approv~d <.'l:Tlourrtj-l
~URRENT COMPLETION DAlE: ($): ORIGINAL:
SlO8
CURRENT:
9108
DescMt:l8
2001
tho
change{$.): addlno
tho
slJrvi:;es
for
tho
S9CDnd
half
of
Sp~lfy tho ",a..on.. for tho change(s) if 1. Planned or Eloctlve .- 2. Unfo,."....n Conditions r 3. Quantity
AdJustmentll (' 4. Co~tjon of Errors (Plans, Speciflcatlo!l$ or SC<lpe of War\,) (' 5, Value Added
(' 6, Schedule AdJ""tmcnt& Note: One or more may be checked, depending on the natu", of tho change(.).
Identify all negallv. Impacts to the pro]""t if this change order were not proces.ed:
remOV4- all erotic./nuiGanc9 v9oetatlon, It f1; a part of our oo.eratina
Sl3tr!.
We 3r& reouired b DEP to
oennrt i1t8U&d by the
This change was requested by; r Contractor/Consultant J< Owner (" Usfng Departmont r COES
(' DnJ.Qn Proro.&slonLiI r RaguiatQ~ Agency (S~t:;ify) ("" Other (Spe;ify)
CONTRACT SPECIALIST PI,RTlCIPI, T10N IN NEGOTIA TrONS:
r-
Yes
r No
This form ie to b~ oslg:ned .:r.nd dOlted.
APPROVED BY. IY\-LL \rJ /!".-!Je I'
Plar;t Manager :1)
REVIEWED BY' 1\z0000UVL II Q)Ul\111,'t.""A
Contract Specialist I)
Re\~'ed 07.23.2007
Date:
Date'
q \ 2-D I 01
,J
v
CONTRACT/WORK ORDER MODIFICATION
CHECKUST FORM
~OJECTNAME:C~ ~ . PROJECT#: 60054- PROJECTMANAGER:Cb:.~.tI~M'I'"
e';O-'\'r Doc-t.::.. rz;.,.: r-A-N ::>=rJ
BIDIRFPit: MOD#: 4- POit:.39052... WORKOROERit:~""-P1-oS'-c>.3
DEPARTMENT:C:::O~I Z-oNE CONTRACTORIFIRM NAME: ~~N ~
Original Contract Amount:
-7~,~ 00
$ ~ . Oc):) ,
(starting Point)
AlY4-
(last Total Amount Approved by the BCC)
~O oE)c). ~
(IncludIng All Changes Prior To This Modification)
OCl
2-. <jOO. ,-
~ 00
$ ""77.-,900. -
(Including This Change Order)
$
Current BCC Approved Amount:
Current Contra=t Amount:
$
Change Amount:
$
Revised Contra:::tJWork Order Amount:
Cumulative Dollar Value 01 Changes to
this Contra...-ttWort. Order. $,
00
2, qO().-
Date or Last B::C Ap;>rova'
Ailene. Item #
Percentage of the change overlurnJer current contrad. 3m::JUnt 9. c;, 1 %
F onnula.: (Revised Amount I Last Bee approved amount)-1 ~
CURRENT COMPLETION DATE (5): ORIGINAl.; 0'2..08. / / CURRENT: 0'2-. CJ 8. / /
Describe the change(s): ?~vc-()E. 4DO=,",A-L.-1'~ fu.:s~=,J"'r{... fZ,..1~.. S-€U!~
,
P,.s So <---=-n~ ~ l-1<> t:.>L:Ft-CA~S "\D "11-ie- c",4'I 0 Del<- ~A,.J =:>.J 'P,.;r.:r~
. Specify the reasons for the change(s) r 1. Planned or Elective r 2. Unforeseen ,.{,.ditions r 3. Quantity
Adjustments r 4. Correction of Errors (Plans, Specifications or Scope of Work) ii/'5.v~lue Added
r 6. Schedule Adjustments Note: One or more may be checked, depending on the nature of the change(s).
Identify all negative impacts to the project if this change order were not processed: ""=- ~l..L.I.e-E.-"TO
'Mu.c.-eSS -ntt::s C\+Ar-'~E- c:#re+z. 1.N"dJ-. CAv5rz A- ~ -eN M Ar"'-v.;;~.,jI
14-.:n+ IJ.\i::.- c.t:::1Y OF Kf'if'...C-<> ~LANC\ R=vssTV-lGl T1f1z f-'\.O~c.-A-1!:ZINS".
This change was requested by: r Contractor/Consultant . Owner r Using Department (' CDES
(' Design Professional r Regulatory Agency (Specify)
r other (Specify)
~
CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS: rYeS
This fonn is to be signed and d
Date: <J. 'Z-f) r:J::t-
APPROVED BY:
REVIEWED BY
I
Date: 1-).@-07
.~
:5
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: Vanderbilt Drive Pedestrian Bridges
PROJECT MANAGER: Daniel G, Hall
PROJECT #: 600331
BIDIRFP #:
01-3290 MOD II:
PO#: 4500050494
WORK ORDER #: QGM-FT-3290'{)5-12
DEPARTMENT:
TECM
CONTRACTORIFIRM NAME:
Q. Gradv Minor & Assoc. P.A.
Original Contract Amount:
$ 67,300.00
(Starting Point)
Current Bee Approved Amount:
$ NtA
(Last Total Amount Approved by the BCC)
Current Contract Amount
$ 87.300.00
(Including All Changes Prior To This Modification)
! Change Am aunt:
1 Revised ContractfWork Order Amount:
I
,
I Cumulative Dolfar Value of Changes to
] this ContractfWork Order.
$ 3.600.00
$ 9(),900.00
(Including This Change Order)
$ 3.600.00
Dzte of Last BCe Approval
NtA
Agenda Item #
N/A
Percentage of the change over/under current contract amount
Formula: (Revised Amount J Last BCe approved amount)-1
41d
"
ro
CURRENT COMPLETION DATE (S): ORIGINAL:
November 6. 2006
CURRENT: ~J?jemher 1. 2008__
Describe the change(s): Additional survevina services are necessary to preoare leaal descrlotions and sketches
to meet the stipulations set by SFWMO pennltlinQ not included in the oriQinal
scone.
Specify the reasons for the changers) r 1. Planned or Elective ~ 2. Unforeseen Conditions r 3. Quantity
.A\ljustments C 4. Correction of Errors (Plans, Specifications or Scope of Work) C 5. Value Added
?"- 6. Schedule Adjustments Note: One or more may be checked, depending on the nature of the changers).
Identify all negative impacts to the project if this change order were not processed:
a oennit for the oroiect.
SFWMD would not issue
This change was requested by: r Contractor/Consultant r Owner r Using Department (' COES
/
Q Design Professional C Regulatory Agency (Specify) r Other (Specify)
CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS:
r-
Yes
iV"'N8
This fonn Is to be signed and dated.
APPROVED BY 4) ~ .<1 /if JJ
Proj t Manage
REVIEWED BY: ,~
Contract Specialist
Revised 07.23.2007
Date:
9-/7- 0;
'(It/ 10 7
ate:
l:;:'"
;~-;)
1.{
r_"
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: BuildinQ F Data Center PROJECT #: 50051-1 PROJECT MANAGER: Robert Fuentes
BID/RFP II: 06-3929 MOD II: 2 _PO#:4500073654 WORK ORDER #:VJl-FT_3929-07-03
DEPARTMENT :Information Technology CONTRACTOR/FIRM NAME: Victor J latavish Architects
Original Contract Amount:
$ 64,940.00
(Starting Point)
Current Bee Approved Amount:
$ N/A
(last Total Amount Approved by the BCC)
Current Contract Amount:
$ 68,740.00
(Including All Changes Prior To This Modification)
Change Amount:
$ 3,464.00
i R:evised ContractMIork Order Amount:
i Cumulative Dollar Value of Changes to
I this ContractlWork Order: _
$ 72.224.00
(Including This Ch;:mge Order)
$ 7,264.00
Date of Last Bee Approval
N/A
Agenda Item # _N/A___________
Percentage of the change over/under current contract amount 11~o
Formula: (Revised Amount / Last BCC approved amount) 2 ./
I:"'.C 1(,.
- /v
CURRENT COMPLETION DATE (5): ORIGINA,l: ^Uqust 5. 20Q7 .CURRENT: Februar,.' 5. 2008
Describe the change(s): ree sChe~eVised to include olan changj%.
Specify the reasons for the change(s) C 1. Planned or Elective C' 2. Unf~.e(een Conditions C 3. Quantity Adjustments r 4. Correction
of Errors (prans, Specifications or Scope of Work) C.. 5. Value Added (f. 6. Schedule Adjustments
Specify the reasons for the change(s): Requested by the owner to meet current needs.
IT made changes on the HVAC system to be used on the new space several times, this change
the initial Mechanical Engineering scope.
Identify all negative impacts to the project if this change order were not processed:
'?er.,.jcc:r tuou/d ./Jc: J6/,""ycll.
This change was requested by: r Contractor/Consultant ~ Owner r Using Department r CDES
IPATIO~.IN 7)TIA TIONS:
ateL::s7)
t:LL.-f2~ Date
IJ~-f
6~ c~ Viru~l
r ~Specify)
r;; No
r Design Professional r Regulatory Agency (Specify)
r
Yes
/~~~}
Date ((I /; ! 07
I I
Revised 5.21.2007
,-" ,
.--
-)
~
CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: Planned Unit DeveJoDment Hvdraulic Modefinq PROJECT #: 75011
PROJECT MANAGER: Phil Gramatqes
BIDIRFP #: 05-3785
MOD#:
PO#: 45-73300
WORK ORDER II: GH-FT-3785-07-01
DEPARTMENT: PUED
CONTRACTOR/FIRM NAME: Greelev and Hansen llC
Original Contract Amount:
$ 31.440.00
(Starting Point)
Current BCe Approved Amount:
$ N/A
(Last Total Amount Approved by the BCC)
Current Contract Amount:
S 31.440.00
(Including All Changes Prror To ihls Modification)
Change Amount:
39.300 08
Revised ContractIWork Order Amount:
$ 7074008
(Inciudirlg This Change Order")
Cumulative Dollar Value of Changes t'
this ContractIWork Order:
$ 39.300_00
Date of Last Bce Approval
Nip,
Agenda Item # hJ/A
Percentage of the change over/unde~ current contract amount 1.::'~ o/~
Formula: (Revised Amount I Last Bee emproved amount)--l
CURRENT COr,1PLETION DATE (S): ORIGINAL: Senler.lbc; 3c) 2.007
CURRENT: ~ep.t~.r}lP..Qr 30 2008
Describe the change{s): Added one vcar of Hvdrau!ic analvsis
Specify the reasons for the change(s): These PUD analysIs continue to be needed for an additional
year
Identify all negative impacts to the project if this change order were not processed: PUDs would be processed by
Public Utilities since IHe could not assess our ability to orovide services
This change was requested by: n Contractor/Consultant ril"'Owner C Using Department C CDES
C Design Professional n Regulatory Agency (Specify)
C Other (Specify)
CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS:
r
Yes
rVNo
APPROVED B
Date: 9/~81"~.Q.Q7
REVIEWED []V
Date:
~ I ~I D"('
,
~,
Revised 5.21.2007
l(
j: :i'J
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: Radio Road Median Renovation Phase I (One) PROJECT#: 156-162522
Richard, Project Manager, A TM Dept
BID/RFP #: 04-3614 MOD #: 2 (Two) PO#: 4500066290 WORK ORDER #: TLO-MA -3614-06-16
PROJECT MANAGER:_Darryl
DEPARTMENT: Alternative Transportation Modes CONTRACTOR/FIRM NAME: McGee & Associates
Original Contract Amount: $17.330.00
(Starting Point)
Current BCC Approvod Amount: $ 0
(last Total Amount Approved by the BCC)
Current Contract Amount: $19,840.00
(Induding All Changes Prior To This Modification)
Change Amount: $2.100.00
Revised ContractIWork Order Amount: $" 21.940.00
(Including This Change Order)
Cumulative Dollar Value of Changes to
tIlis ContractIWork Order: $ 4.610.00
Date of Last Bee Approval_n/a Agenda Item # _nfa
! -
Percentage of the change over/under current contract amount 2~
FonnuJa: (Revised Amount I Last BCe approved amount)-1 ..
I /<),
% C. :> t, "Ie
CURRE:NT COMPLETION DATE (5): ORIGINAL: Januarv 29. 2007 CURRENT: November 16.2007
Describe the change(s):
Specify the reasons for the change(s). 1. Planned or Elective (' 2. Unforeseen Conditions (' 3. Quantity
Adjustments (' 4. Correction of Errors (Plans, Specifications or Scope of Work) (' 5. Value Added
(' 6. Schedule Adjustments Note: One or more may be checked, depending on the natura of the change(s).
Identify all negative impacts to the project if this change order were not processed: Identify the changes. Change
Order is for additional services by Design Consultant McGee & Associates and Sub-Consultant Engineer (Arnold Kenly,
PE) for Radio Road Median Renovation Phase I (One) curbing and median modifications from Devonshire Blvd. to Blue
Sky. This Change Order adds an additional $2,100.00 to this Work Order. This amount is sub-divided into: Task 3.1 Final
Landscape & Curbing: (Add) S1,300.00; Task 4.1 Final Irrigation Design: (Add) S800.00. (see attached fee matrix noted
as: 'Rev. 5/8/0T from McGee & Associates)
This change was requested by: r Contractor/Consultant C Owner
(' Design Professional (' Regulatory Agency (Specify)
(' Using Department .. CDES
II' Other (Specify) ~),/~ ~ /(/sn(
A ';'"fJ ur7-'" L0Y1" rite c .
po No
CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS: rYes
This form is to be Slg_n~.
APPROVED BY: PI - ~ \'.\~ _ K 1 c\\t) '(Y)
~e?)M ager (I "
REVIEWED BY: ( ~ i'qa _jJYn11~~
on tract Specialist ( -
Revised 07.23.2007 "'-_.J
Date:
/O.2..ol
lo/1fo"!
. I I
Date:
7 ~
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: Wioains Pass Modelina PROJECT #: 900321
PROJECT MANAGER: Gary McAlcin
RFP #: 06-3902 MOD II: .LPO#: 4500080963
WORK ORDER #: HM-FT -3902-07 -05
DEPARTMENT: Coastal Zone Manaaement
CONTRACTOR/FIRM NAME: Humiston & Moore
Original Contract Amount:
$ 15.000
(StartIng Point)
Current BCe Approved Amount:
$ NfA
(Last Total Amount Approved by the BCe)
Current Contract Amount:
$ 15 000
(Including All Changes Prior To This MOdification)
Change Amount
$ 5000
I Revised Contract/Work Order Amount:
I: Cumulative Dollar Value of Changes to
! this CantractfWor1-; Order:
$ 20.000
(Including This Change Order)
$ 5.000
Date of Last Bce Approval
NIA
Agenda Item #
r~iA
Percentage of the change over/under current contract amount
Formula: (Revised Amount I Last BCe approved amountj-1
:3333%
CURRE"T COMPLETION DATE (S): ORIGINAL:
10/22/07
CURRENT:
1 QI22/07
Describe the change(s); Task 1 additional fee reouired of $5.000 for time and material.
Specify the reasons for the change(s) r 1. Planned or Elective r 2. Unforesee)Y~nditions r 3. Quantity
Adjustments r 4. Correction of Errors (plans, Specifications or Scope of Work) ~ 5. Value Added
C 6. Schedule Adjustments Note: One or more may be checked, depending on the nature of the change(s).
Identify all negative impacts to the project if this change order were not processed: Project study will not be
comoleted to satisfaction.
~er
G"' Using Department C' CDES
This change was requested by: C Contractor/Consultant
C Design Professional e Regulatory Agency (Specify)
r Other (Specify)
[" Yes ~/
CONTRACT SPECIALIST PARTiCIPATION IN NEGOTIATIONS:
This form is to be signed and dated.
APPROVED BY ~ lVio~
G .~cAlpjll-, Pr';'Fct Manager
REVIEWED BY~~A ly;-r-
Lp. ~fiest, Contract Speciaiist
/
Date:
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Date:
Revised 5.21.2007
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CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: Proiect Manaaement Services PROJECT #: Multiple PROJECT MANAGER: Hank Jones
BIDIRFP #: 05-3657 MOD #k-POII:4500074634 WORK ORDER #;CH2-FT-3657-07-02
DEPARTMENT: Facilities Management CONTRACTOR/FIRM NAME :CH2MHilll
Original Contract Amount: S 2,898,708.00
(Starting POint)
Current BCe Approved Amount: S2.898.708.00
(Last To1al Amount Approved by the Bee)
Current Contract Amount: $2,898,708.00
(Inducting All Changes Prior To This Modifica~io1)
Change Amount; $ 250,315.00
Revised ContractIWork Order Amount: $3,149,023.00
(iflciudin~ TI',i" Crlange Order)
Cumulative Dollar Value of Changes to
this ContractfWork Order: $250,315.00
Date of Last BCe Approval November 1~. 2006
Agenda Item t-:- 10 H
Percentage of the cllange over/under current contrad amount 8.64%.
r:ormuJa: (Revised Amount / Lasl 3CC approved amount}-1
CURRENT CDI',~Di ETION DA Tt=. (S): ORIGINAL: l}fOcprnhRr '/1. 2008CURRENT: Oeccmbc'" 21 20m)
Describe the change(s}:Based on efforts to date, and the latest project schedules, the projections for the multiple
projects have been updated.
Specify the reasons for the change(s) r 1. Planned or Elective r 2. Unforeseen Conditions 'r/ 3. Quantity
Adjustments r 4. Correction of Errors (Plans, Specifications or Scope of Work) r 5. Value Adde& "
r 6. Schedule Adjustments Note: One or more may be checked, depending on the nature of the change(s).
Identify all negative impacts to the project if this change order were not processed: Each project would not
receive the Project Oversight needed,
This change was requested by: r Contractor/Consultant e Owner r Using Department (' GDES
(" Design Professional r Regulatory Agency (Specify)
r Other (Specify)
CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS:
r-
Yes
r- No
ThiS form IS to be sIgned ~dat6-'\
ApPROVED BVv .;~~~~ \\.-,~
Pro) c arJa1)~/ \
REVIEWED BY ~ j Z:dJ't',~
pecialist
Date:
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Date:
Revised 07.23.2007
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
(1
PROJEeT NAME: US 41 North Phase "V" CWiaains Pass - County Line}
PROJECT#:600211
BIO/RFP #: 04-3614
Project Manager: Bob Petersen
MOD#:....Q1.
PO#: 4500055630
WORK ORDER #:TlO-MA-05-09
DEPARTMENT: Alternative Transportation Modes (ATM) Contractor/Firm Name: McGee & Associates
10. .
I nglOat Contract Amount:
$ 3Q,S80.HO
(Starting Point)
Current Bee Approved Amount:
S 39.S80.00
(La!':t Total Amount Approved hy the Bee)
i Current Contract Amount:
S 39,880.00
(Including All Changes Prior To 11ds Modific3tiun)
Change Amount:
$ 2~e;23.75
Revised Contrllctf\:\-'ork Order Amount:
S 42.4(13.:5
(Including This Change Order)
Cumillati..'e Dollar Value of Cbanges to this Contr'dcUWork Order: 5: 2513.-:'::;
Date of Last BGe Approval Fixed Amount Contrac:t
Agenda Item #
Percentage of the change over/under current contract amount 6.3.3%
Formula: (Revised Amount I Last BCC approved amount)-1
CURRENT COMPLETiON DATt:. (8): ORIGINAL: O::;tober 0'1. 2006 CURRENT: January 31 2008
Describe the change(s):
Iocrea_"" 10 n:i~lin:" Purchase Order No. 45onll44U30 for additional nrof('ssimHI.! Landsemt' Archit('ctural Servi('~'s.
{IS41 7'(I:.tll Phase V (\\'i[!!!jns Pass to Conn". Line\. Additional timf' was added to the contract durin" tbe bid
w.rjnd. Addilional Contract Administration O\'ersi"bt is nc.'('dt.d thr-ou"h .Ianuan' 31. 2008.
.D:.I!lf.~T)a.l:~';!;niotJ_..,,~..':; Hrs'a; : jOOOllr =: ;7_~,:'iO
Lanosc;J"Je J\r.chitrct 1.2,5_Hrs ({I~ 7:'i,OOlHr =~'3 ,75
~:.';D,Tech 2 l-Irs Iii: 60_00,-1-fr = 120,00
Administrlltive ] ,ilirs (al 45.00,' Hr =- f,7.50
Cledcal 1.75 Hrs ,@ 40.00fHrs =. 70,0.(2
Total F._~timated Cost orScn'ice to be $1.523."5
Specify the reasons for the change{s) (I 1. Planned or Elective ("' 2. Unforeseen Conditions ("' 3. auantity
Adjustments r- 4. Correction of Errors (Plans, Specifications or Scope of Work)" 5. Value Added
.. 6 SChe~Ule Adjustments Note' One or more may be checked, depending on the n;tze of ;hj Chang~%;: '"
I "l't1fy aJ' egat.. 0 a to.the pr'),e~t ,f thos ch n aT~er wYW not processed; ) I dJ itf /70 'C:J?- I I .'-,
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This change was requested by: r Contractor/Consultant . Owner r Using Department r CDES '
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r Design Professional r Regulatory Agency (Specify) ~______ r Other (Specify)
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CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS:
r Ne>
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Th,sfarm os to ~:a:te:B-8
APF)ROVEO B/~'1- '----'" --, - Date
Pam Lull~h, Landscape Operations fll'.ar.ager
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REVIEWED BY:;Ve ~
Rhonda Cummings, Contract S;J cialis
.' /
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Revised 07.23 .2007
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CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: US 41 East Phase C (Rattlesnake Hammock Rd. - 51. Andrews Blvd.l
PROJECT #: 600261 Project Manager: Bob Petersen
BIDIRFP #: 04-3614 MOD #: ..Q!. PO#: 4500032058 WORK ORDER #:TlO-MA-04-21
DEPARTMENT: Alternative TransDortation Modes {ATM} ContractorfFirm Name: McGee & Associates
1
! Original Contract Amount:
$ 27.945.00
(Starting Point)
Current BCC Approved Amount:
$ 27.945.00
(Last Total Amount Approved hy the Bee)
Current Contract Amount:
S 27.945.00
(Including AIl Changes Prior To This Modification)
Cbangc Amount:
S 3.467.s0
(Thischarlgeorderamounl)
I Revised ContrdetIWo,k Onle, Amount, $ 3] .41250
(In,Jud1l1g ThIs Change Order)
Cumulative Dollar Value of Changes to this Contract'" ark Order: $ 3.467.50
Date of Last Bee Approval Fixed Amount Contract
Agenda Item #
Percentage of the change over/under current contract amount 12.41%
Formula: (Revised Amount f Last Bee approved amount)-1
CURR:::'NT COMPLETION DATE (8): ORIGINAL: Februarv 15. 2005 CURRENT: February 15. 2008
Describe the change(s):
lncrea~e 1<1 exist;"" Purchase Order ]';0. 4500032U5R. for additional orofessional Landscaoc Ar(:hitectural Se-r"\'ict's.
For PS41 Ea~t Phase Co (Rattlesnake Hammock RiI to Sf. Andn'l'l-.s Blvd.)
Princinal::6 Hrs:11; J 1O,(10:Hr~:2 860.00
Ll!tLc!~')~Archilct":tl:J:IJ:":s_@_75.QlLlIL~ 150-,-()il
CAD.lTcch 4.5 Hrs (Q) 60,OQiHr '"" :;70.00
Administrativc J.5 Hrs ({j) 45_00,fHr '-" (,7."0
Clerical;:i lln:: {a~ 40_00,1-fr= 12\1_00
Total Estimated Cost nrScn'iet' to he $J 467.S0
r Using Department (' CDES
r Design ProfeSSional r Regulatory Agency (Specify) ~._ r Other (Specify)
/
VYes
CONTRACT SPECIALIST PARTICIPATION IN NEGOTJA TlONS:
~
,
No
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Revised 07.23.2007
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CONTRACTIWORK ORDER MODIFICA nON
CHECKLIST FORM
PROJECT NAME: US 41 East Phase E (Barefoot William Rd. - Collier Blvd.)
PROJECT #: 600451 Project Manager; Bob Petersen
BID/RFP #: 04-3614
MOD #: ~
PO#: 4500044030
WORK ORDER #:TlO-MA-05-14
DEPARTMENT: Alternative Transportation Modes (ATM) Contractor/Firm Name: McGee & Associates
Original Contract Amount:
S 39,880.00
(Starting Point)
Current Bee Approved Amount:
$ 39,880.00
(Last Total Amount Approved hy the BeC)
Current Contract Amount:
$ 40.645.00
(Including All Changes Prior To This Modifi~ti0n)
Change Amount:
$ 5.04750
(nlis Change Order Amount)
Revised Contract!\\'ork Order Amount:
$ 45.692.50
(Including This Olangc Order)
i
I
-----.-J
I Cumulative Dollar Value of Changes to this ContractM'ork Order: $ 5.8J2.::;:0
Date of Last BCe Approva I Fixed Amount Contract
Agenda Item #
Percentage of the change overlunder current contract amount 14m;"
Formula: (Revised Amount / Last Bee .:!::lproved amount)-1
\). 'n."%
CURRENT COMPLETIOhl DATE (5): ORIGINAL: October 02 2005 CURRENT: December 31.2007
Describe the change(s):
Increase- to cl:istin<> Purchase Order No. 4S00()440~O for additional orof/..'Ssinnal Landscape Architectural S{'rviccs.
For l1S41E. /Barefoot Williams Rd to CoHier Rh.d.)
tr.:.llflR.<!,LIO:' j Hi.()(),Hrs 3Q.50 Hr~_~_4.~l.",(lO
L3.I1_:!Si!pe- AI',,-hile~L@.:7.",OOlllrs :.<: III'S = 1 F.7_50
CAn'Tech (if' (,O,OO,'J-In; 4 Hrs = :'4QJ}Q
Administrative 'a'. 45.00/Hr, 3 HrL~ 13-'i_OO
. Clerical 40,00"lJr5 (if' 3,) HI's'" ]40.00 If<
TotnlEstimldedCosto $etvicetobcS5.047.00 Jj/("o; ~ / .. _/ ~
. . w><'. _ tU-<R.~. < I17C7\ 4' IYr te--.oP?~.i!. . (0 OI-1c;ac. . '.' h
:-L VT I ~-h" '!A"I..R/, CL' ,,~ -f{-JJ/!7 ~h n,,_ IV(9, ~ < .) OmLsfru-<J..(7 C?-
Specity the ,son~ change1i'). 1. Planne or Elective r 2-: Unforeseen Condibons (' 3. uan -tv Cl/y1?_L~
Adjustment 4. Correction of Errors (Plans, Specifications or Scope of Work). 5. Value Added 0 .
· 6. Schedule Adjustments Note: One or more may be checked, depending on the ,tI:.:uro of the chaf}iJe(sl.. :. ,/,
" '<>j'I,,,,,L-L /l 'r1 (/1;), at:
Id$:~i,fy),'1I negativ.:e_-impasts to the projec~jf this chan?e order et'"e t proc ssa.d' '_. ./'/:....: yjl.A. /;il.;iVy _iL I . .--./~
!Y-f/7r:r/J,tli/--!--r..~Ji;~ rYJI Ip i -, ,('.5- V~::.<eYI;z/~1c2(::, ('thpJ
This change was requestc-d by: r Contractor/Consultant 43 Owner r Using D ,lrtment r- CDES .-J
r- Design Professional r- Regu~tory Agency (Spe~ify) r- Other (" cify)
/
CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS: P y~s r,
/
/
/0/ -3OU 7
/
~ I 7/:;>[07
.'
Revised 07.23.2007
CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: US 41 East Phase 0 (St. Andrews Blvd. - Barefoot William Rd,)
PROJECT #: 600231 Project Manager: Bob Petersen
BID/RFP #: 04-3614 MOD #: $ PO#: 4500040868 WORK ORDER #:TlO-MA-05-08
DEPARTMENT: Alternative Transportation Modes (ATMl Contractor/Firm Name: McGee & Associates
Original Contract Amount:
S 33.644.60
(Starting Point)
Current Bee Approved Amount:
S 33.644.60
(Last Tom] Amount Approved by the BeC)
Current Contract Amount:
$ 35.939.60
(lncludlng All Changes Prior To This Modification)
Change Amount:
S 4.242.50
(This Change Order Amount]
Revised Contract!\\,'ork Order Amount:
5' 40.1R2.10
(including This Change Order)
; Cumulative Dollar Value of Ch.aDgl~S to this Conlntct/\Vork Onlu: $ 6.53'7.~O
(ThIS cr.ange amount plus last ,:hange amourlt)
"
Date of Last Bce Approval Fixed Amount Contract
Agenda Item #
Percentage of the change over/under current contract amoun~ f I ' ?C (-"
Formula: (Revised Amount / Last Bee approved amount)-1 '
CURREI',n COMPLETION DATE (8) ORIGINAL: Julv 31, 2005 CURRENT: Januarv 31,2008
Describe the change(s):
#J- Increa..,c to cxi~tiD(J Purchase Order No. 4500040868 for additional nrofc~sional Landscane Arcbitt:'ctur.d.1
S(>n--i(~cs. l.JS 41 I:ast PhaSe Il. (St Andrew" to Barefoot '\\'iJlillms Road).
Princio31." 26 Hrs (ii' ) 1O.00.Tlr = 3~,16S.00
Landscane Ar:chitc-el 2 Hrs fal 7S.00/Hr '" ! S(LQQ
CAj)/Tech 4.5 (irs ((i) 60.00/IIc_J60.00
Administrative 1.5 Hrs@45.00'Hr = 67__~O
qerical 3Hrs@4!J.OOI]Jr=200.00
Total Estimated Cost or Service to he $4.242.50.
Specify the reasons for the changc(s) ~ 1. Planned or Elective ("' 2. Unforeseen Conditions r 3. Quantity
Adjustments r 4. Correction of Errors (Plans, Specifications or Scope of Work). 5. Value Added
III 6. Schedule Adjustments Note: One or more may be checked, depending on the nature of the change(st.
Identify all negative impacts to the project if this change order were not processed:
This change was requested by: r Contractor/Consultant II Owner r Using Department r CDES
r Design Professional r Rogulatory Agency (Specify) C Other {Specify)
p/
Yes
r No
Revised 5.21.2007
I ~)
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CONTRACTIWORK RDER MODIFICATION
CHECK 1ST FORM
PROJECT NAME:
EMS 49 - Heritaoe Bav
PROJEC #: 55160
PROJECT MANAGER: Hank Jones
BIDIRFP #: 06-3929
MOD #: 002
PO#: 450006189
WORK ORDER #;' BSSW-FT-3929-06-01
".:l
DEPARTMENT:
Facilities Manaoement
CONTRAC OR/FIRM NAME:
BSSW Architect, Inc.
I
) Original Contract Amount:
Current Bee Approved Amount:
$ 86.000.00
(Starting Point)
$ NIA
(Last Total Am nt Approved by the BeC)
Current Contract Amount:
$ 97 700.00
(Including All C anges Prior To This ModifiC'.ation)
"
Change Amount:
$ 1.600.00
Revised ContractfWork Order Amount:
$ 99.300.00
(Inclucing This C ange Order)
eumulative Dollar Value of Changes to
this ContractIWork Order:
I
Date of Last Bee Approval N/A . .. Aclnda Item #
Percentage of the change over/under curre~t"contract amoun11s.e"t
Formula: {Revised. Amount,l Last Bee ap;lfoved amoLlnt)-1 j-
CURi=<EhJT COMP~~iION DATE (Sr ORIGINAL: ~ndetp.rr:I1l.n If;- CURRE!\;T: Mi'lv32008
Describe the change(s): Redesi n the interior of the fJjfit , to accommodate addit;~~af IT 5
the Collier County Information TechnoloQV
$ 13.300.00
N/A
1,1.':L_%
fl_
ace as reauested bv
Specify the reasons for the change(s)'-:- 1 Planned Elective r 2. Unforeseen Conditions r 3. Quantity
Adjustments ("" 4. Correction of Errors (plans, Speclfi tions or Scope of Work) r 5. Value Added
r 6. Schedule Adjustments Note: One or more maYle checked, depending on the nature of the change(s).
Identify all negative impacts to the project if this cha ge order were not processed: Collier County IT will not
have the re uested service areas around their e ui m t.
This change was requested by: r Contractor/Consul ot r Owner r Using Department r COES
r Design Professional r Regulatory Agency (Speci
("" Other (Specify)
CONTRACT SPECIALIST PARTICIPATION IN NEGOTlA IONS:
J
Yes
!Y' Ho
'i,
REVIEWED BY,
j
Date:
(u/n/) 7
/!//I/c7
I I
Date:
Revised 07.23.2007
------ - -- - -
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CONTRACTIWORK ( RDER MODIFICATION
CHECKl ST FORM
PROJECT NAME: EMS 73 - Vanderbilt Loaan PROJECT #: 5150 PROJECT MANAGER: Hank Jones
BIDIRFP #: 06-3929 MOD II: QQ1 PO#: 450007676\ WORK ORDER II: BSSW-FT.3929-07-01
DEPARTMENT: Facilities Manaoement CONTRAC loR/FIRM NAME: BSSW Architect. Inc.
Original Contract Amount: $ 89 733.00
(Starting Point)
Current BCe Approved Amount: $ N/A
(Last Total Amo nt Approved by the BCC)
Current Contract Amount: $ 89 733.00
(Including All C anges Prior To This Modification)
Change Amount: $ 2.000.00
Revised Contractwork Order Amount: $ 91 733.00 I
(Including This C an~Je Order) I
eumulative Dollar Value of Changes to
this Contract/Work Order: $ 2.000.00 ,
,
I -~ ~~
Date of Last Bee Approval NIA A enda Item # N/A -
Percentage of the change over/under current contract amour m: ') ,l"}) %
Formula: (Revised Amount / last Bee approved amount)-1
CURRENT COMPLETION DATE (5): ORIGINAL: __ Febrl!~_r:y.J. _2010__ CURRENT- Februarv 19 2010
Describe the change(s): Redesian the interior of the f ilitv to accommodate additional IT snace as renuested bv I
the CoWer County Information TechnoloQV
Specify the reasons for the change(s) c.- 1. Planned c r Elective r 2. Unforeseen Conditions r 3. Quantity
Adjustments r 4 Correction of Errors (Plans, Speclfi ations or Scope of Work) r 5, Value Added
I~I
r 6. Schedule Adjustments Note: One or more maYfe checked, depending on the nature of the change(s).
Identify all negative impacts to the project if this cha ge order were not processed: Collier County IT will not
have the reQuested service areas around their eQuipm nt.
This change was requested by: ("" Contractor/Consul ant r Owner r Using Department r COES
(' Design Professional r Regulatory Agency (Speci
r Other ,Specify)
CONTRACT SPECIALIST PARTICIPATION IN NEGOTI IONS:
r-
Yes
P" No
REVIEWED BY:
Date:
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Revised 07.23.2007
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CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: Collier Area Transit Ooeratina & Administration Center
PROJECT #: 350251 Project Manager: Sue Faulkner
BID/RFP #: 06-3971
MOD#:...Q1.
PO#: 4500061405 WORKORDER #: PBS-FT-39710711
OEPARTMENT: Alternative TransDortation Modes (ATMl ContractorlFirm Name: PBS
Original Contra!;t Amount:
$ 11)<1.141.00
(Starting Point)
Current Bee Approved Amount:
$ 11l9,]41.01l
(La~t Total Amount Approved hy the Bee)
Current Contract Amount:
$ 109.14]
(Including All Change~ Prior To This Modification)
Change Amount:
$ 9.R16.S7
{This changeordcramollnlJ
Revised Contr.acti\.Vork Order Amount:
$ IIR.t)57.R7
(Including This Change Order)
CWllulatjyc DoUar Value of Chan~, ; to thi... Contractl\,",ork Order: $._~__.~_
Date of Last BCe Approval W_.k order approval 6<~E'>--07
Agenda Item # 1.EE!L
Percentage of the change over/under current contract amount 8.99 %
F:Jrmula: (Revised Amount / Last BCC approved amount)~1
CURRENT COMPLETION DATE (SI: ORIGINAL: SeDtember 26. 2007 CURRENT: December 7. 2007
Des=ribe the change{s):
Increase to cristina PUrchllSf' Order Nfl. 4500081405 for additional GNIt'ral Contractor Scniccs. (CAT Ooeratin!!
& Administration Center). We had .~c"eral deletions" from ori!!innl StOrK' of work anUll COUI)!e of Jar!:'c additions.
Fleet had dctennined after orit!:inal SCOlle of work \liftS lI(!rt'l'd upon that si!:!nificanU1' Iar!!er ha\' doors arc n("cd(~d
in one section of the maintenance hg\'s: to ndeouuwh' nrO\-'ide for two bus!.'... In !."ct in and oul _safely: which
increased the cost of (hI' totD.1 nT"oiect We- also had to add several smalle. new items that were not ori!!inaIlv .",.oned
.such <IS replacim! hand ["aHim! on an outside staircase.
Total Chllnl>"c Costs = $9.816.87
Specify the reasons for the change(s) n ,. Planned or Elective E 2. Unfores!$n ConditIons C 3. Quantity
Adjustments C 4. Correction of Errors (Plans, Specifications. or Scope of Work) 9' 5_ Value Added
~ 6. Schedule Adjustments Note: One or mare may be checked, depending on the nature of the change(s).
Identify all negative impacts to the project if this change order were not processed: _ We would not be able to
adeouatelv accommodate buses in two of the baYs without adlustina two of the bav doors from 14 foot wide to 20
foot wide. Without this chanoe order we would not be able to accommodate as many buses Ell one time in the
bays.
This change was requested by: n Contractor/Consultant Il Owner n Using Department n CDES
n Design Professional [J Regulatory Agenc\' (Specify) ____ C Other (Specify) ~__.____
CONTRACT SPECiALIST PARTICIPATION IN NEGOTIATIONS: I Yes
j./ No
"
;!
This form is to be signed and daled.
j ~ cn
APPROVED BY; v--) /-0- (J\^..,-,,-~t.~----'""'-~ Dale:
Sue Faulkner, Principal 8lanner
REVIEWED BY f!IVUll{h~ (~Wlf!jl (J~
8ho ja Cummings, Ccntract Specialist V'e:
Revised 07.23.2007
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CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: Reclaimed Water ASR
PROJECT #:74030
PROJECT MANAGER: Alicia Abbott
BID/RFP #: 05-3785
MOD II: 2
PO#: 4500061191
WORK ORDER #: HM-FT-3785-06-05
DEPARTMENT: Public Utilities EnQineerinQ
CONTRACTOR/FIRM NAME: Hole Montes. Inc.
r-O" C
i ngmal ontract Amount:
$ 89.985.00
(Starting POint)
Current BCC Approved Amount:
$
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 89.985.00
(Including AI! Changes Prior To This Modification)
Change Amount:
$ 50.000.00
Revised ContractIWork Order Amount:
$ 139.985.00
(Including This Change Order)
Cumulative Dollar Value of Changes to
this Contract/Work Order:
$ 50.000.00
Date of Last Bee Approval__
Agenda Item #
.)crcentage of the change over/under current contract amount 55,5('~%
Formula: (Revised Amount / Last BCe approved amount)-1
CURRENT COMPLETION DATE (S): ORIGINAL: April 17. 2008
CURRENT: April 17. 2008
Describe the chanQe(s): Additional tasks will be added to the scope of work to provide additional enQineerinq
services for the desicm of an ammonia feed system at the North County Water Reclamation facility.
Specify the reasons for the change(s) n 1. Planned or Elective B 2. Unforeseen Conditions C 3. Quantity
Adjustments C 4. Correction of Errors (Plans, Specifications or Scope of Work) C 5. Value Added
C 6. Schedule Adjustments Note, One or more may be checked, depending on the nature of the change(s).
Identify all neqative impacts to the project if this chanqe order were not processed: This chanqe order is required
to provide a system that will provide reclaimed water that meets standards to allow injection jnto the ASR well.
This change WaS requested by: n Contractor/Consultant ~ Owner C Using Department C CDES
C Design Professional n Regulatory Agency (Specify)
C Other (Specify)
CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS:
rv
1 es
r No
This form is to be signed and dated.
APPROVED BY ~~ ~
Project Manager
. PPROVED BY
&~~~-
Date:
It)- l't - 01
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#
Date:
REVIEWED BY
-71,
Date:
~t SpeCialist
Revised 07.23.2007
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EXECUTIVE SUMMARY
Recommendation to authorize the conveyance of an Easement to Florida Power
and Light Company (FPL) for the installation of electric facilities to provide electric
service for the Emergency Services Center and the South Regional Library located
on Lely Cultural Parkway, at a cost not to exceed $27.00, Projects 52160-3 and
54003-1.
OBJECTIVE: To gain authorization from the Board of County Commissioners to convey
an Easement to FPL to install electric facilities for the purpose of providing electric
service to the Emergency Services Center and the South Regional Library, which are
located on Lely Cultural Parkway.
CONSIDERATIONS: The Easement area measures 10 feet wide by 1,999 feet, more or
less, in length and is described on Exhibit "A" to the attached Easement and depicted on
the attached location map. The County, who is the landowner, will not be compensated
because the Easement is a requirement of FPL to provide service to the property.
The Easement has been reviewed and approved by the County Attorney's Office and
also by the Facilities Management Department.
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FISCAL IMPACT: The total cost will not exceed $27.00 for recording of the Easement.
Funds in the amount of $27.00 are available in the FY 08 budget under Projects 52160-3
and 54003-1
GROWTH MANAGEMENT IMPACT: This project meets current Growth Management
Plan Standards to ensure the adequacy and availability of viable public facilities.
RECOMMENDATION: That the Board of County Commissioners authorizes the
attached Easement, authorizes the Chairman to execute the Easement, and directs the
County Manager or his designee to proceed to follow all appropriate closing procedures
and to record the Easement in the Public Records of Collier County, Florida.
PREPARED BY: Jason Bires, Property Acquisition Specialist, Real Estate Services,
Department of Facilities Management
.
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COLLIER COlJ,(T\
1temNumber:
Item Summary:
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Meeting Date:
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EASEMENT
Sec. 22, Twp. 50, Rge 26
Parcel J.D. 55.:;25014105
This Instrument Prepared By:
Name: Rand\' Cam"p
Co. Kame: Florida Power & Light c.ompany
Address: 4105 15th /\venuc SV/
1\;cwles, Florida 34116
Work Request '\Jo. 28690029
-:Mn:J1t<l.lTl~d by Property ,A,ppraj,,~,)
~orl1l :F22-A (Slacked; Rc\.7'94
The ullder,it:ncd, in considcf<!tian oi the p~ymcm of $1.00 and other bood and valuable considerilrion, the C1deq'..l"C!' and rl'~eipt of
which is herehy acknowledged, grant i.Jild give to Horid~ Power & Light Company, its licensees, '-lgcnts, Sllcccs~ors, and ilssigns. '-In
Cilsemcnt forever fur the construcTion, operation and mai:-.tenancc of overhead and underground electric utility faciliries (including
,vues, ;:ooles, gUYS, (,lull'S, cond;Jits and appurtC'n:Jnt ;>quipmcnt) to he installed from time to tir.1e: VI'ito the rig!:t to ft>consrruC"t, improve,
<lud lu. enJ3rge, change the voltage. as weJ] as, the sile of a;ld rer;lOve slleh faci]iues or ilr.y 0; them within nn C,>5'~men; 10 f~el in width,
dcsc,ihecasf0]jo\\'S.
An r:P&L Company caSC:Tlcnt morc particularly describ('d on ::xhiiJit "Po" attached hereto and made a part hereof. S<iid
casement prepared by. ,A.gnoli, Barber & Brun::lage, Inc
'1o;ccthcr \Nltl-. ,rw ri;:h\ l() permit uny othe~ p~rson, Lnn or (orporarion to 3twch wir('s TO an} fat'ilities hereunder and lav cable and
c~nduit \\ :thin the {'mement and to opcor:w-, dw SClITlC' jOt communications purP()S(~s: dw rif:!:t of in;>:rcss ,md egress to Siiid pn:rniscs <l! ~i]]
\T:e'; tl-~." r~/-'It: l( CiCiH tl\(- :ilnJ illn.! j.:"'l~~ I~ cJelHt'C of aU t~ces. under;:r~w:th <llld orher obS!ruc~lom within the t'ilv'mr'nt 11[(:a: to lrim
ilT;C ['1I1 and ~e'T :rimrr1c'L' J!id Cut <I]: dead ,,~"~';JJ.:. leaning Of dllngeroLls ..rees ()I limbs l'lItsid,~ of tit" C[!Sem('lll area \~hid: ]lli~:.t
tw.~ 10'1(' ,\ilI1 nr f:d upor: the :il1(" or S\.sl('ms -)~ CG:r.:llU:1ic;njo!1' or power tr,::bm:,s:or: ul d:~-'l'jb'.Jt:(;~ a:HJ f\Jr'.i;('~ r:,-ams, to tfl'': fu]k:,st
t'':ll'.11 th'~' 1IIld('r.<;i,'n(~cJ hrJ; :h", pOl:,'er t:l ~~:-illlt if;;1 all. th,,' ri~hl, IH'feill",:J()\'e 1'1'"t1leC "!1 the bllc ht'f-:~tofur~' dc';~rj]J'.'d ()V~t ,dong,
Linckl and across t]1'.:~ rCJllcs, ~;treet~ (J:- h:gll\ i:V:i ;Juiuinir-:i; lit 111lOl1t:h sa it! pr(Jr~J't")
1'\ V.-:lNESS \V!-IEREOF llie unders:;:nec hi:s ,tplCC ilnd ,C ih:J thi~ ins(rl:m(,:1~ on lhi,'
_ J~: \' 0 r
2007
BO;lrd or Coumy Commissioners
Co[:ic'r Cocnn', Ho~ida
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J301 Tanliami Tra:] Lost
I\aples,Flol-ida 34112
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EXECUTIVE SUMMARY
That The Board Of County Commissioners Of Collier County, Florida, As The
Governing Board of Isles of Capri Municipal Rescue and Fire Services Taxing
District Adopt a Resolution Accepting a Donation of a 25-Foot Boston Whaler
Challenger With Trailer From Capri Fire And Marine Rescue Benefactors Inc., a
Nonprofit 50ld Corporation, as a Valid Public Purpose.
OBJECTIVE: To accept on behalf of the Isles of Cap!i Municipal Rescue and Fire
Services Taxing District ("District"), a donation of a 25-Foot Boston Whaler Challenger
with trailer from Capri Fire And Marine Rescue Benefactors Ine.. a Nonprofit 501d
COlporation.
CONSIDER<\, nONS: Isles of Capri Fire Rescue District is requesting that the Board
of County Commissioners as Ex-Ohicio the Governing Board of the 1slcs of Capri Fire
Rescue District accept the donation of a 25-f<)ot Boston Whaler Challenger with trailer
from tbe Capri Fire and Marine Rescue Bendclctors lnc" a nonprofit 50 I c3 coq)oration.
This organizJt ion is made up of local intcr'csted citizens of the District whose Board of
Directors is not affiliated with the Isles of Capri Fire Rescue District. These citizens
voluntarily chose to raise funds to purchase this vessel in supp0l1 of thc Isles of Capri
Fire Rescue District. The Boston Whaler which was purchClsed hy the eoq)oration is a
used vessel. The cO'l)oration paid for c\tcns!ve rcnovations including the purchase of
ne\\-' n1arinc electronics. new emergency lighting, and nc\v firefighting equipment/fire
pump to make the vessel fully equipped [Cll' sen'ice. Titles JClr both the Boston Whaler
and trailer will he delivered Ji'ce and clear fClr ownership transfer. The vessel will be
delivered in full operational condition and is expected to have a service life of 8-1 0 years.
This donated boat replaces the District's 25-jc)ot 1992 Parker boat donated in 1992 and
placed out of service approximately four years ago. For the last four years, the District
has been utilizing the Collier County EMS 25-jc)ot Parker boat. The District's annual
marine and rescue calls are approximately 80 to 100 calls each year. The District needs a
rescue boat to provide fire and rescue services to Kccwaydin Island and the surrounding
waterways.
FISCAL IMPACT: There is no direct liscell impact associated with this Executive
Summary. The cost of purchasing a rescue boat is saved.
GROWTH MAJ\'AGEMENT IMPACT: There is no Growth Management Impact
associated with this Executive Summary.
RECOMME'\:DA nON: That the Board of County Commissioner approve and adopt
the Resolution attached hereto.
SUBMITTED BY: Emilio Rodriguez, Fire Chief
EXECUTIVE SUMMARY
THAT THE BOARD OF COUNTY COMMISSIONERS, AS THE
GOVERNING BOARD OF THE OCHOPEE FIRE CO~TROL DISTRICT,
ADOPT A RESOLUTION ACCEPTING A DONATIO'" IN THE AMOU"'T OF
$9,014.31, AND ANY SUBSEQUEl'\T DISTRIBITIONS, FROM THE ESTATE
AND/OR TRI:ST OF DELLA E. REYNOLDS ON BEHALF OF THE OCHOPEE
FIRE CO~TROL DISTIUCT.
OBJECTIVE: To accept, on behalf of the Ochopee Fire Control District, a donation
made by the Estate and/or Trust of Della E. Reynolds in the amount of $9,014.31, and
any and all subsequent donations made by that Estate and/or Trust by distribution, and to
authorize the interim Chief to execute any and all documentation required to accept those
donatillns, subject to the appnl\'al of the County Attorney's Ol1ice. To have the budget
of the Ochopee Fire Cllntrol District adjusted accordingly renecting that the funds arc
deposited je)r its use.
CONSIDER,\, T10I'\S: [}clla E. Reynolds. deceased. has granted through a testamentary
trust the amount of $9.0 I 4.3] to the Ckhopee Fire Control District. and has also made
prmisions fe)r future distributions tll the District li'om the sale llf prllperty in that trust.
The accept:mce and use of these lunds would serve a valid public purpose j()r the citizens
in the District as the District wOLlid be ahle tll provide newer and better llpe,-ating
equipment tll serve the needs of the eiti.cens it serveS. in order to receive the donations.
certain legal documents need to be executed, and to facilitate that. the interim Chief Alan
McLaughlin needs authority to execute them. subject to the prior approval oftbc County
Atto111ey's Office. A budget amendment for the Ochopee Fire Control District is also
necessary to reflect the acceptance and deposit of these donations.
FISCAL IMPACT: Tbe hudget of tbe Ochopce Fire Control District will be increased
by $9,014.31, and further increased by future distributions from the Estate and/or Trust.
GROWTH MA1\AGEMEl'\T IMPACT: There is no Growth ?vlanagemcnt Impact
associated with this Executive Summary.
RECOMMENDA nON: That the Goard of County Commissioners approve and adopt
the Resolution attached hereto.
Prepared by:
Alan McLaughlin. Interim Fire Chief
Copy of proposed Resolution attached
COLLIER COl"HV
Item Number:
ttemSummary:
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RESOLUTION 2007 -
A RESOLUTION BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BOARD OF THE OCHOPEE FIRE
CONTROL DISTRICT DECLARING A PUBLIC PURPOSE
FOR THE ACCEPTANCE OF A DONATION MADE BY
THE ESTATE AND/OR TRUST OF DELLA E. REYNOLDS
TO THE OCHOPEE FIRE CONTROL DISTRICT IN THE
AMOUNT OF $9,014.31, AND ANY SUBSEQUENT
DISTRIBUTIONS TO THE OCHOPEE FIRE CONTROL
DISTRICT FROM THE SALE OF REAL ESTATE FROM
THE ESTATE AND/OR TRUST OF DELLA E. REYNOLDS.
WHEREAS, the Board of County Commissioners of Collier County, Florida ("'Board")
created the Ochopee Fire Control District ("District") and acts as its Governing Board pursuant
to Collier County Ordinance No. 75-6. as amended; and
WHEREAS, one Della E. Rcynolds, dec~as~d_ died testat~. leaving the r~sidu~ of her
estate to a Trust previously created; and
WHEREAS, the Estate of Della E. Reynolds has be~n opened and is pending in the
Probate Division of the Twentieth Judicial Circuit in and for Collier County, Florida under File
No. 05-970-CP-02-HDH; and
WHEREAS, the District is named as one of the beneficiaries for distribution; and
WHEREAS, the l30ard finds that any such funds derived from the distribution can benefit
the District, and that acceptance of those funds would be in the interest of those citizens within
the District.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
1. The donation of monies by the Estate of Della E. Reynolds to the Ochopee Fire
Control District serves a valid public purpose.
2. The Board will accept, on behalf of the Ochopee Fire Control District, a check in
the amount of $9,014.31, and all future distributions, if any, from the Trust made by the
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4. That interim Chief Alan McLaughlin is hereby authorized to execute any and all
documentation required by the Estates' attorneys, subject to the approval of the Office of the
County Attorney, including, the Receipt and Refunding Agreement and Internal Revenue Service
Form W-9, necessary to obtain the donations.
BE IT FURTHER RESOLVED THAT this Resolution shall become effective
immediately upon its approval and adoption.
THIS RESOLUTION ADOPTED AFTER MOTION, SECOND AND MAJORITY
VOTE FAVORING SAME this _ day of
,2007.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
JAMES COLETTA
CHAIRMAN
ATTEST:
DWIGHT E. BROCK, Clerk
By:
Deputy Clerk
Approved as to form and
Legal sufficiency:
"
, Esq.
torney
COLLI ER COI.'"TY
Item Number:
IlemSummary:
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RESOLlTIOI\ "'0. lOU7-
A RESOLL'TlO!\ OF TIlE BOARD OF COlJ!l:T\' COMMISSIO!\ERS OF
COLLIER COL!l:T\', FLORIDA. AS TIlE GO\'ER'\I'\G BOARI) OF TilE
ISLES OF CAPRI ~llJ!l:ICIPAL RESCl'E A",I) FIRE SERVICES TAXING
DISTRICT, I)ECLARING A PLBLlC PlJRl'OSE FOR TilE DO",ATION
OF A FIRE AND RESCUE BOAT WITIl TRAILER TO COLLIER
COL!\T\' FOR ['SE B\' ISLES OF C,\PRI FIRE RESCUE DISTRICT
FOR THE PlJRPOSES OF PROVIDING FIRE A!\D RESCTE 1'\
KEEWA \'011' ISlA!l:D A'il) TilE SlJRROU!\DING AREAS
\VHEREAS, Collier County Emergency' Medical Services ("EMS") provides the Isles of
Capri Fire Rescue District with use of an EMS rescue hoat in Keewaydin Island and the
sunounuing areas; and
\VI1EREAS, due to a reallocation ofn:sources. E~1S has detennined that it can longer
provide bles of Capri fire Rescue District with use of the EMS rescue bOOlt: and
'VHEREAS. Mal"jne Rescue Benefactors. Inc. hns offered 10 donate n ~S-foot Boston
\\'haler Challeng::r with trailer to Cn]]icr County jll]" the purposes of prmjding j~r(' and rescue
sl:T\ices: ,md
WIlERL\S. \1annc Rc"CU" BcnclCtClnrs. Inc. purchased the 2.'-fuot Buston Whaler
Ch,dicnger with trailer f()1" <lppro'\illldlely <:;~::'..(I{)(i ilnd plam to spend <Idditiollill funds to make
!l1puifi(;,Jtioll and L1r~r,jdc.~ 1(' lhe emel.gclk.: response equipment Ie_g.. cmergen~';.' ]ighH. radio.';.
:-,ir~'lh. fire pumps. etc.) su llidt it Ill;!y lieii\ et" a "tunl-kt.'y" lire ,Jill] I.(.....CUC hOilt illld lrailel. imd
tra:lsfeT titles free dm] c]e:tr to C'n]iier Count:: and
\Y'H::Rf.AS. the 2:'-;(10t- R(l_~hln Wh:dcr Cha]lenger and trili]e-r \\i]] h::.' L1s(;'d by Is]es of
Clpri Fire Rescue Distnct t(1 pn1\iue fir.;' ,JIll! r~sCLJe scnice:; in Keew;l;'din lsbnd and the
surrounding areas: and
\YHERL\.S. the Board or CUUllty (omlllissiuners of Collier Count; linds that the use of
the ~5-fool Boston \Vhaler Challenger fiJr fire and rescue sen'ices is for the hene-fit of all
residents and visitors to Keewaydin bland: and
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COU!\TY
COM\'lISSIO!\ERS OF COLLIER COU",TY, FLORIDA, that the Board herehy declares
tll;]! there i:; a \iliid puh]ic purpo,>e (1:-; 10 the dpnation of d fin.' and n;':-;CLlC hoat and trailer 10
Col]ier Cnullt)' I()r use hy hk:; 0;' C8pri ["ire I~e:-;cue Distric1 for lhe purposc-:; of jwo\.idil1g fire
and resell(' in l,-ceway'din i:;land ,mu tht surrounding area:;.
PASS[I) A:\D DLL Y ADOI)TEI) h; the 8(1;1I'U of ((l1I1l1) Cl'lllmissic111C'rs o( Cpllier
COUll1Y. noriJa. this
(by ul'
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,\ TTEST
DW](j!--lT E. BROCK. CLLRK
BOARD OF COI'\TY COMMISSiONERS
COLLIER COI',\TY. FLORID.\
By:
Deputy- C]eri-.:
.I.\MES CDIYII '\. CIIi\IRMA'\
^ppr0\'c-d as to form and legal sufficiency:
.lcnniCer A. Be]pedio
As:;istdnt County' AttOlllCY
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EXECUTIVE SUMMARY
Recommendation to approve the necessary budget amendment in the
amount of $58,000 to purchase equipment to outfit fire apparatus.
OBJECTIVE: To obtain Board of County Commissioner's approval for a necessary
budget amendment in the amount of S>58.000 to purchase equipment to outfit fire
apparatus.
CONSIDERATIONS: To continue the task of outfitting fire apparatus by purchasing
equipment that will increase foam capacity for higher suppression capabilities and
aluminum covers to protect existing items from deterioration plus it doubles as a platform
for usage during incidents. A Iso Thermal Imagers for search and rescue efforts and other
types of equipment purchased will be used for Vehicle Accidents and Structure Fires.
A Hydraulic Hose Reel for quick retric\ al increases return to station readiness for the next
incident. This equipment is essential 1\)1' daily operations and will enhance the protection
of life and propel1y in Collier County.
-
FISCAL IMPACT: The purchases will total approximately $58.000 to be funded from
the Oehopee Fire Control District Reserve for Contingencies Fund 146. The budget
amendment is necessary to transfer the S>58.000 from Reserves j~)r Contingencies to
Other Machinery and Equipment 764990.
GROWTH MANAGEMENT IMPACT: There IS no Growth Management Impact
associated with this Executive Summat)'.
RECOMMENDA TION: That the Board of County Commissioners approve the
necessary Budget Amendment.
Prepared by: Alan McLaughlin Interim Fire Chief, Ochopee Fire Control District
-
Item Number;
Item Summary:
Meeting Date:
COLLIER Cot"T\
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EXECUTIVE SUMMARY 3
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 the total appropriations of a fund over the
adopted annual budget maybe approved by resolution of the Board of County Commissioners.
Each of the bud>!et 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 IMP ACT: The amendments and executive summaries, which were previously
considered and approved by the Board, con:ained their respective fiscal impact statements.
GROWTH MANAGEME1\'T IMPACT: There is no Growth Management Impact associated
with this Executive SummlL'")'.
~
RECOMMENDATION: That the Board adopts the attached resolution amending the riseal
Year 2006-07 adopted budget.
Prepared by: Michael Smykowski, Director, Oftice of Management and Budget
~
RESOLUTION NO. 07-BAR-
A RESOLUTION PURSUANT TO SECTION 129.06(2), FLORIDA STATUTES,
TO AMEND THE 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 COnmllssioners of Collier County, Florida, has received copies of budget amendmentS which
provide for but are not 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] 29.06, Florida Statutes.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIOJo,;ERS OF COLLIER COU"TY,
FLORlDA. 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
AME'IDME!\T
FU"D NUMBER
INCREASE
(DECREASE)
RECEIPT
INCREASE
(DECREASE)
EXPENDlTlJRE
INCREASE
(DECREASE)
RESERVES
EXPLANATION FOR
APPROPRIATION
123 07-644 $3,703 $3.703 Recognize revenue from the Medicaid Waiver
program to provide case management for the elderly.
123 07-645 $2,655 $2.655 Recognize grant funds from Florida Elder Affairs to
provide in-home support services for the elderly.
123 07-646 $389 $389 Recognize grant funds from Florida Elder Affairs for
provide case management for the elderly.
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 pCITI1anent record in his office.
This Resolution adopted this 13th day of November, 2007, after mOlion, second and majority vote.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIO!\ERS
COLLlER COUNTY, FLORIDA
By:
DEPUTY CLERK
By:
JAMES COLETTA. CHAIRMAN
Approved as to fonn and legal sufficiency:
David Weigel, County Attorney
COLLIER COl!\n
IkmNumber:
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EXECUTIVE SUMMARY
Recommendation to adopt a Resolution authorizing the borrowing of an amount not to
exceed $1,323,000, from the I'ooled Commercial Paper Loan Program of the Florida
Local Government Finance Commission pursuant to the loan agreement between the
Board of County Commissioners and the Commission in order to finance the purchase
of a radio location system; authorizing 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.
OBJECTIVE: That the Board of County Commissioners adopt the attached Resolution
authorizing a loan from the Commercial Paper Program in an amount not to exceed
$1,323,000 to finance the purchase of the Radio Location System.
CONSIDER..... nONS: On June 26. 2007 (agenda item] OC, attached) the Board of County
Commissioners awarded a contract to Locus Location Systems LLC for the purchase of a
radio locating system called SafcPoint. In the June 26, 2007, Executive Summary. the Board
further approved a Commercia] Paper Loan in the amount of $] ,459,000 to finance this
purchase.
~
For clarity of the record, the Board is rcquested to approve the attached Commercial Paper
Loan Resolution in a not-to-exceed amount of $1.323,000. The revised (lower) not to exceed
amount is based on the actual estimate provided by Commercial Paper Loan Program stafT
based on a finn closing date at the end ofthe montil of November, reflecting lower costs of
pre-paid interest.
FISCAL IMPACT: A loan in an amount not to exceed $1,323,000 that shall be repaid with
moneys derived from a covenant to budget and appropriate legally available non-ad valorem
revenues. The Estimated annual principal payments (based on a five-year term) anlount to
$264,600. Commercial paper principal and interest payment on this loan is budgeted at
$323,200 in FY 08. The interest is variable rate (5% interest rate was assumed in FY 08) and
paid monthly.
GROWTH MANAGEMENT IMPACT: There IS no Growth Management impact
associated with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners adopt the attached
Resolution autllorizing a loan in an amount not to exceed $1.323,000 fi'om the Commercial
Paper Loan Program as the funding source for the purchase of the Radio Location System.
Prepared by: Michael Smykowski, OMB Director
--
Pag\.: 1 or 1
COLLIER COUNTY
Item Number:
Item Summary:
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EXECUTIVE SUMMARY
Agenda Itenr;-,,~..c 1 DC:
June 26'. 2007
Page 1 of 22
Recommend Board approval to purchase a radio location system, SafePoint, from Locus
Location Systems at a cost of $1,459,000 and to finance the project with a loan from the
Commercial Paper Loan Program
OBJECTIVE: To obtain approval from the Board of County Commissioners (Board) to purchase a radio location
system, Safe Point, from Locus Location Systems at a cost of $1,459,000 and to finance the upgrade with a loan
from the Commercial Paper Loan Program.
CONSIDERATIONS: Numerous departments and agencies that utilize the County's 800 MHz radio network have
identified a requirement to be able to determine the location of field personnel to enhance safety and improve
operational efficiency. Public Safety agencies, in particular the Collier County Sheriff's Office, view this capability
as critical to improve response to calls for service and to assure the safety of the public safety responders they
provide dispatch services to. The Sheriff's Office has provided written support of this proposal.
Traditional vehicle based location technology provides the iocation of vehicles but does not provide the iocation of
personnel once they exit the vehicle. Vehicle based technologies also require the installation of hardware in each
vehicle to be tracked at a significant cost per vehide and a method to transmit the location data from each vehicle
back to a dispatch center or other central location. An alternative technoiogy has been identified that will provide
the location of any mobile or portabie radiO operating on the County's radio system. This technology provides
location dota without any modifications to 800 MHz system equipment or installation of any hardware in a vehicle.
The proposed system will be comprised of a network of radio receivers and a cent:-al server which will decode the
existing communication between each radio and the radIO system and then determine the 1:1Cation of each radio.
Once the system is installed it will provide location data for all current and future radios operating on the 800 MHz
system. Location data will be provided to dispatch centeis or integrated into the County's G lS system for display
and analysis. An added benefit to this system is a maintenance module that will analyze the performance of each
radio and identify any radio operating outside of established specification.
County staff has determined that this is a sole source procurement Contract 94-2201 was awarded to MIA COM
for the County's 800 MHz trunked radio system and on 9/14/99, agenda item 16 E1M, MIA COM and
Communications International Inc were recognized as sole source providers of 800 MHz equipment and services
in Collier County. SafePoint is the only provider of radiO location system technology licensed to use MIA COM
trunked radio system protocols. Installation services in the proposal will be performed by Communications
International inc.
FISCAL IMPACT: A Budget Amendment is needed to increase Loan Proceeds and the 800 MHz Project No.
500203 in the County-wide Capital Projects Fund (301) in the amount of $139,000. On January 26, 2007 the
Finance Committee approved the use of the Commercial Paper Loan Program in the amount of $1 ,339,000 for this
project A net loan amount of S1,339,000 is required for this project; with fees and pre-paid interest a gross loan
not to exceed $1.405,000 is recommended. Based on a five-year commercial paper loan of $1,405,000, the
estimated debt service payments for three months in FY 2007 will be $302,100 and for a full year lor FY 2008 will
be $340,700.
Another budget amendment will be needed to reduce the County-wide Capital Projects Fund Reserves for Debt
Service in the amount of $302,100 to transfer funds to the Commercial Paper Fund (299) for current year debt
service payments. These funds were specifically set aside for the .debt service associated With thiS capital proje::::t.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive
Summary.
RECOMMENDATION: That Ihe Board of County Commissioners authorizes: 1) the purchase of radio location
system. 2) the Chairman to execute a contract with locus Location Systems LLC 3) the issuance of a Commercial
Paper loan in a not-to-exceed amount of $1.459,000; 4) the necessary budget amendments; and 5) the execution
of the standard form Commercial Paper Loan Agreement
PREPARED BY: John Daly, Telecommunications Manager, Department of Information Technology
RESOLUTION NO. 2007-_
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AUTHORIZING THE BORROWING OF NOT
EXCEEDING $1,323,000 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 ACQUISITION
OF A RADIO LOCA nON SYSTEM, INCLUDING THE
REIMBCRSEMENT OF CERTAIN COSTS INCURRED
BY THE COUNTY IN CONNECTION THEREWITH,;
AUTHORIZING THE EXECUTION OF A LOAN NOTE
OR NOTES TO EVIDENCE SUCH BORROWING;
AGREEING TO SECURE SUCH LOAN NOTE OR )\,"OTES
WITH A COVENANT TO BUDGET AND APPROPRIATE
LEGALLY A V AILABLE 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 tem1S 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 oflaw.
"Additional Payments" means the payments required to be made by the County
pursuant to Sections 5.02(b), 5Jl2(c), 5.02(d), 5.05 and 6.06(e) of the Loan Agreement.
"Board" means the Board of County Commissioners of the County.
"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 .,s may be duly authorized to act on his or her behalf.
"Designated Revenues" means (I) Public Agency Moneys budgeted and
appropriated for r~lrposes of payment of the Loan Repayments and any other amounts
due under the Loan Agreement. and (2) the proceeds of the Loan pending tbe application
thereof.
"Dra"'" Dleans the borrowing of 1110ney under the Loan Agreenlent in accordance
with Article III ther"of.
"Loan" means the loan lO be made by the Commission to the County from
proceeds of the Series A l'otes in accordance with the terms of this Resolution and oflhe
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-42" means the Loan designated as "Loan No. A-42" the proceeds of
which shall be used to finance a portion of the costs of Project A-42.
"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 forn] 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
"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-42" means the costs and expenses relating to the acquisition of a radio
location system, SafePoint, from Locus Location Systems, 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
.A..greement.
"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 tenn "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 RESOLL'TfON. This Resolution tS
adopted pursuant to the provisions of the Act.
SECTION 3.
decl ared that:
FINDI:"IGS.
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
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County, desiring to finance and refinance 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 Kotes, 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-
42.
ID) The County desires to bon'ow an amount not to exceed $1,323,000 in order
(0 finance a portion of the acquisition of Project /1.-42.
(E) On June 26, 2007, the Board authorized Project /1.-42 to be financed with
proceeds of a loan under the Program in order to incur costs related thereto, which costs
were exp~cted to be reimbursed.
(F) The County bereby detennines that the provision of funds by the
Commission to tbe County in tbe fornl of Loan No. A-42 pursuant to the terms of the
Loan Agreement and the financing of Project /1.-42 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 (he most efficient and economical
development of such services, facilities and programs,
(G) Loan No. A-42 shall be repaid solely from the Designated Revenues. Such
Designated Revenues shall include moneys derived from a covenant to budget and
appropriate legally available Kon-Ad Valorem Revenues. The ad valorem taxing power
of the County will never be necessary or authorized to make the Loan Repayments.
(H) Due to the potential volatility ofthe market for tax-exempt obligations such
as the Note or Notes to be issued evidencing Loan No. A-42. 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 l\ote or l\otes to the Commission pursuant to the
Program by a negotiated sale pursuant to Section 21 ~.385(l), Florida Statutes, allowing
the Coumy 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 pemlitting the County to obtain the best possible price, issuance costs and interest
rate for such Note or Notes.
4
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SECTION 4. TERMS OF LOANS. The County hereby approves of Loan
No. A-42 in the aggregate amount of not exceeding $1,323,000 for the purpose of
providing the County with sufficient funds to finance, refinance or reimburse the costs of
Project A-42. The Chairman and the Clerk are hereby authorized to execute, seal and
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-42 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-42 in accordance with the terms of the Loan Agreement. The
Loan shall mature on such date as the County Manager may detennine prior to the
issuance of the Loan Note for Loan No. A-42; 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-42 shall bear interest at the
Loan Rate in accordance with the tenns of the Loan Agreement. Loan No. A-42 shall
bear interest at the Loan Rate in accordance with the tenns 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-42 shall be 30 basis
points or such other amount as Wachovia Bank and the County Manager shall agree.
SECTION 5. AUTHORIZA nON OF PROJECT A-42. The County
does hereby authorize the acquisition of Project A-42 and the reimbursement of any costs
incurred by the County with respect to Project A-42 since April 26, 2007 (60 days prior
to "official intent" referred to in Section 3(E) hereof).
SECTION 6. SEC{;RITY FOR THE LOAN. The County's obligation to
repay Loan No. A-42 will be secured by a pledge of and lien upon the Designated
Revenues in accordance with the tenns of the Loan Agreement. The obligation of the
County to repay Loan No. A-42 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 property
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 Conunission, 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 arc 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 ternls, covenants and
5
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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.
SECTIO:\' 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 pans thereof in conf1iet herewith are hcreby superseded and repealed to the
extent of such conflict.
SECTION 11. EFFECTIVE DATE. This Resolution shall takc effect
immediately upon its adoption.
DUL Y ADOPTED this _ day of
BOARD OF COU'\TY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
(SEAL)
By:
Chainnan
A TTEST: Dwight E. Brock, Clerk
Deputy Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
David C. Weigel
County Attorney
6
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EXECUTIVE SUMMARY
Recommendation to adopt a Resolution authorizing the borrowing of an amount not to
exceed $4,509,000 from the Pooled Commercial Paper Loan Program of the Florida
Local Government Finance Commission pursuant to the loan agreement between the
Board of County Commissioners and the Commission in order to finance the upgrade to
the 800 MHz Radio System; authorizing 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.
OBJECTIVE: That the Board of County Commissioners adopt the attached Resolution
authorizing a loan from the Commercial Paper Prof,'fam in an amount not to exceed
$4,509,000 to finance the upf,'fade o[the 800 MHzRadio system.
CONSIDERATIONS: On March 27, 20071agenda item lOr, attached) the Board of County
Commissioners awarded a contract to M/A-CO.'v1M Radio Systems for thc upgrade to the 800
MHz Radio System. In the March 27, 2007, Executive Summa~'y, the Board further approved
a Commercial Paper Loan in the amount of $5,040,000 to finance this upgrade.
-
For clarity of the record, the Board is requested to approve the attached Commercial Paper
Loan Resolution in a not-to-exceed amount of54,509,000. The revised (lower) not to exceed
anlount is based on the actual estimate provided by Commercial Paper Loan Prof,'fam staff
based on a firnl closing date at the end of the month of November, reflecting lower costs of
pre-paid interest.
FISCAL IMPACT: A loan in an amount not to exceed $4,509,000 that shall be repaid with
moneys derived from a covenant to budget and appropriate legally available non-ad valorem
revenues. The Estimated annual principal payments (based on a ten-year ternl) amowlt to
$450,900. Commercial paper interest and principal on this loan payment is budgeted at
$642,300 in FY 08. The interest is variable rate (5% interest rate was assumed in FY (8) and
paid monthly.
GROWTH MANAGEMENT IMPACT: There IS no Growth Management impact
associated with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners adopt the attached
Resolution authorizing a loan in an amount not to exceed $4,509,000 from the Commercial
Paper Loan Prob'fam as the funding source [or the UPb'fade of the SOO MHz Radio system.
Prepared by: Michael Smykowski, OMB Director
-
Page 1 oj" I
COLLIER COU'<TV
ttemNumber:
Item Summary:
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Aaenda It"oil,ci. 101
- March 27. 2007
Page 1 of 3
EXECUTIVE SUMMARY
Recommend Board approval to upgrade the 800 MHz Radio system at a cost of
$4.8 million and to finance the upgrade with a loan from the Commercial Paper
Loan Program
OBJECTIVE: To obtain approval from the Board of County Commissioners (Board) to upgrade
the 800 MHz radio system at a cost of $4.8 million and to finance the upgrade with a loan from
the Commercial Paper Loan Program.
CONSIDERATIONS: On October 26, 1994 the Board approved contract 94-2201 with Ericsson
Inc., now MIA-COM, for construction of the 800 MHz trunked radio system. The radio system
utilizes specialized technology for control and operation of the sites serving the western portion
of the County (simulcast sites). This technology has been operational for ten (10) years and is
close to the end of its life and support cycle. This upgrade requires replacement of the central
control point equipment. However, we have developed an upgrade plan that will modify a
majority of system equipment installed at the various tower sites instead of replacement.
The total cost of this upgrade is now $4,800,000, which is $300,000 more than the original
e,limate and the FY 07 project budget. Within the original budget we have been able to include
expansion of the radio system infrastructure to accommodate future growth. This includes
expanding the channel capacity of the system and expanding the total site capacity of the
system. Currently the system supports six simulcast sites using fifteen channels. After the
expansion the system will be able to accommodate twelve sites using twenty channels if our
needs require it. Required modifications to existing tower site equipment shelters and the
replacement of one modular equipment shelter have resulted in the additional expenses above
the FY 07 project budget.
This upgrade does not require replacement or modification of any radio equipment utilized by
agencies using the radio system.
FISCAL IMPACT: A Budget Amendment is needed to increase Loan Proceeds and the 800
MHz Project No. 50020 in the County-wide Capital Projects fund (301) in the amount of
$300,000.
On January 26, 2007 the Finance Committee approved the use of the Commercial Paper Loan
Program in the amount of $4,800,000 for the 800 MHz Upgrade. A net loan amount of
$4,800,000 is required for this upgrade; with fees and pre-paid interest a gross loan not to
exceed $5,040,000 is recommended. Based on a 10 year commercial paper loan of
$5,040,000, the estimated debt service payments for 6 months in fiscal year 2007 will be
$633,500 and for a full year for FY 2008 will be $734,300
Another budget amendment will be needed to reduce the County Wide Capital Projects Fund
Reserves in the amount of $633,500 to transfer funds to the Commercial Paper Fund (299) for
current year debt service payments. These funds were specifically set aside for the debt
service associated with this cap,tal project.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with
this Executive Summary.
Agenda It,,n\EcY. q olJ
March 27. 2007
Page 2 of 3
RECOMMENDATION: That the Board of County Commissioners authorizes: 1) the purchase of
equipment and services to upgrade the 800 MHz system using state contract pricing and
standard terms and conditions; 2) the issuance of a Commercial Paper loan in a not-to-exceed
amount of $5,040,000; 3) the necessary budget amendments; and (4) the execution of the
standard form Commercial Paper loan agreement.
PREPARED BY: John Daly, Telecommunications Manager, Department of Information
Technology
,
RESOLUTION NO. 2007-_
A RESOLGTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AUTHORIZING THE BORROWING OF NOT
EXCEEDING $4,509,000 FROM THE POOLED
COMMERCIAL PAPER LOAN PROGRAM OF THE
FLORIDA LOCAL GOVERNMENT FINANCE
COMMISSION PGRSUANT TO THE TERMS OF THE
LOAN AGREEME2\lT BETWEEN THE COMMISSION
AND THE COUNTY IN ORDER TO FINANCE THE
COSTS AND EXPENSES RELATING TO UPGRADING
THE 800 MHZ RADIO SYSTEM, INCLUDING THE
REIMBURSEMENT OF CERTAIN COSTS IKCURRED
BY THE COUKTY Il\ CO]\''KECTION THEREWITH,;
AUTHORIZING 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
LEG ALL Y A VAILABLE NON-AD VALOREM
REVENCES AS PROVIDED IN THE LOAN
AGREEMENT; AUTHORIZIl\G THE EXECUTION AND
DELIVERY OF SUCH OTHER DOCUMENTS AS MAY
BE NECESSARY TO EFFECT SUCH BORROWING; A"-iD
PROVIDING AN EFFECTIVE DA TE.
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 oflaw.
"Additional P::yments" 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 Commissioners of the County.
-,,.,'
(j; (';
"Chairman" means the Chairman or Vice Chairn1an 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.
"Dr'aw" 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 thc tem1S of this Resolution and of the
Loan Agreement.
"Loan Agreement" means the Loan Agreement, dated as of April 12, 199 l,
between the County and the Commission, as amended and supplemented and as the same
may be further amended and supplemented.
"Loan No. A-36" means the Loan designated as "Loan No. A-36" the proceeds of
which shall be used to finance a portion of the costs of Project A-36.
"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
"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-36" means the costs and expenses relating to upgrading the County's
800 MHz trunked radio system, as more particularly set forth in the plans and
specifications on file or 10 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 (Govemmentallssue), to be issued from time to time by the Commission.
The tenns "hereinl" "hereunder," "hereby," "hereto," "hereof," and any similar
terms, shall refer to this Resolution; the tenn "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.
SECTIO~ 2. ACTHORITY FOR RESOLUTIOl'l. This Resolution IS
adopted pursuant to the provisions of the Act.
SECTION 3.
dec lared that:
FTl'IDINGS.
It IS hereby ascertained, detennined 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
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County, desiring to finance and refinance the cost of acquiring, constructing and
equipping capital improvements and to finance and refinance other governmental needs.
(8) 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-
36.
(D) The County desires to borrow an amount not to exceed $4.509,000 in order
to finance a portion of the acquisition of Project A-36.
(E) On March 27, 2007. the Board authorized Project A-36 to be financed with
proceeds of a loan under the Program in order to incur costs related thereto, which costs
were expected to be reimbursed.
(F) The County hereby detem1ines that the proVIsIon of funds by the
Commission to the County in the form of Loan No. A-36 pursuant to the terms of the
Loan Agreement and the financing of Project A-36 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.
(G) Loan No. A-36 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.
(H) 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-36, 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.
4
SECTION 4. TER.IVIS OF LOANS. The County hereby approves of Loan
No. A-36 in the aggregate amount of not exceeding $4,509,000 for the purpose of
providing the County with sufficient funds to finance, refinance or reimburse the costs of
Project A-36. The Chairman and the Clerk are hereby authorized to execute, seal and
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-36 shall
reflect the terms of such Loan and shall be substantially in the fornl attached to the Loan
Agreement as Exhibit 1. The County Manager shall determine the date or dates of
funding of Loan No. A-36 in accordance with the tenns of the Loan Agreement. The
Loan shall mature on such date as the County Manager may determine prior to the
issuance of thc Loan Note for Loan No. A-36; 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-36 shall bear interest at the
Loan Rate in accordance with the terms of the Loan Agreement. loan No. A-36 shall
bear interest at the loan Rate in accordance v"ith 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-36 shall be 30 basis
points or such other amount as WachD\"ia Bank and the CDunty Manager shall agree.
SECTIO,," 5. AUTHORIZATION OF PROJECT A-36. The County
does hereby authorize the acquisition of Project A-36 and the reimbursement of any costs
incurred by the County with respect to Projcct A-36 since January 26, 2007 (60 days
prior to "official intent" referred to in Section 3(E) hereof).
SECTIO,," 6. SECURITY FOR THE LOAN. The County's obligation to
repay Loan No. A-36 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-36 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 propeny
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 benent, protection and security of the Lender.
SECTION 8. GEJ\"ERAL 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 perfornlance of all the tenns, co\"enants and
5
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 papcrs 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.
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 _ day of
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
(SEAl)
By:
Chairman
ATTEST: Dwight E. Brock, Clerk
Deputy Clerk
APPROVED AS TO FORM AND
LEGAL SUFFlCIENCY:
David C. Weigel
County Attorney
6
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1 of 2
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution autborizing tbe borrowing of an amount not to
exceed $2,642,000 from tbe Pooled Commercial Paper Loan Program of the Florida
Local Government Finance Commission pursuant to tbe loan agreement between the
Board of County Commissioners and tbe Commission in order to finance tbe
construction of the Collier County Fleet Facility; authorizing 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; autborizing tbe execution and delivery of such otber
documents as may be necessary to effect such borrowing; and providing an effective
date.
OBJECTIVE: That the Board of County Commissioners adopt the attached Resolution
authorizing a loan froni the Commercial Paper Program in an amount not to exceed
$2,642,000 to finance the construction of the Board of County Commissionet's Fleet Facility.
~
CONSIDERATIONS: On November 14, 2006 (agenda item IOJ, attached) the Board of
County Commissioners approved <L'11cndment #1 Wright Construction Corp. and change order
#15 to Disney & Associates, P..'\.. for the construction of the Fleet Facility. In the November
14,2006, Executive Summary, the Board funher approved a Conm1ercial Paper Loan in the
amount of $2,775,000 to finance the construction of this facility.
For clarity of the record, the Board is requested to approve the attached Commercial Paper
Loan Resolution in a not-to-exceed amount of $2,642,000. The revised (lower) not to exceed
amount is based on the actual estimate provided by Commercial Paper Loan Program staff
based on a firm closing date at the end of the month of November, reflecting lower costs of
pre-paid interest.
FISCAL IMPACT: A loan in an amount not to exceed $2,642,000 that shall be repaid with
moneys derived from a covenant to budget and appropriate legally available non-ad valorem
revenues. Estimated annual principal payments (based on a fifteen-year term) amount to
$176,200. Commercial paper interest and principal on this loan is budgeted at 5300,700 in
FY 08. The interest is variable rate (5% interest rate was assumed in FY 08) and paid
monthly.
GROWTH MANAGEMENT IMPACT: There IS no Growth Management impact
associated with this Executive Summary.
RECOMMEND A n01\": That the Board of County Commissioners adopt the attached
Resolution authorizing a loan in an amount not to exceed $2.642,000 from the Commercial
Paper Loan Program as the funding source for the construction of the Board of County
Commissioner's Fleet Facility
---
Prepared by: Michael Smykowski, OMB Director
Agenda Iter,'l~!\t"J7-IIJJ-.c
November 14, 2006
Page 1 of 97
EXECUTIVE SUMMARY
Recommendation to approve Exhibit E, Amendment #1 to Contract #06-3914,
"Construction Management at Risk Services for the Collier County Fleet Facilities"
with Wright Construction Corp. in the amount of $9,272,741.10 for the Fleet
Facility, project 52009, Phase 2 which includes the construction of the new Fleet
Management Department facility and to approve Change #15 to Contract #02-3422,
"Professional Architectural Services for New County Fleet Facility", with Disney &
Associates, P.A. to update the architect's rate schedule and include additional
services necessary for construction phase 2 in the amount of $60,885.
OBJECTIVE: To approve Exhibit E, Amendment #1 to Contract #06-3914,
"Construcllon Management at Risk Services for the Collier County Fleet Facilities" with
Wright Construction Corp. in the amount of $9,272,741.10 for the Fleet Facility, project
52009, Phase 2 which includes the construction of the new Fleet Management
Department facility and to approve Change #15 to Contract #02-3422, "Professional
Architectural Services for New County Fieet Facility-, with Disney & Associates, P.A. to
update the architect's rate schedule and include additional services necessary for
construction phase 2 in the amount of $60,885.
CONSIDERATION: A contract with Disney & Associates (Disney) to design a new
Board of County Commissioners Fleet Facility and a new Sheriff's Fleet Facility on the
same site at County Barn, project 52009, was approved by the Board on February 25,
2003, agenda item 16.E.2.
A number of design contract changes have been processed, some related to potentially
adding the CAT function to the project. The original design contract was negotiated to
not include all of the efforts that are ultimately needed during the construction phases.
The proposed Change #15 both updates the rate schedule (the contract allows for this if
the duration surpasses two years) and adds additional services necessary for
construction of the BCC Fleet Facility. The finel negotiated amount Is $60,885
(Attachment A).
The Fleet Facilities project was originally planned for three major construction phases.
The first phase includes replacing the communication tower with guide wires to a
monopole tower and this phase (projected completion by the end of October 2006). The
second phase includes constructing the County Fleet Facility and associated parking.
The third phase includes demolishing the existing Fleet Faciiity and constructing a
Sheriffs Fleet Facility on the western end of the property closest to County Barn Road.
The total approved project budget is $14,270,000 and the current design contract
amount is $822,224,73.
The Construction Management at Risk contract was approved by the Board on March
28,2006, agenda item 16E1 (Attachment B). The extent of the agreement covers "three
(3) phases and will include three (3) GMP Amendments; Board of County
Commissioners (BCC) Fleet Facility, Collier Area Transportation (CAT)/Transportation
Disadvantaged (TD) Operations Facility, and the Sheriffs Fleet Facility". The possible
Agenda ItemJ~;):: ~QJ-
November 14, 2006
Page 2 of 97
construction of the CAT/TD Facility co-located at the Fleet site is no longer a viable
option as the land owners are not willing to sell. Therefore that portion of the contract
will be removed.
After obtaining final site development and building permits, work was begun to obtain a
Guaranteed Maximum Price (GMP) for the construction of the BCC Fleet Facility and
associated parking. After review of an initial proposal, Wright Construction submitted a
revised GMP proposal in the amount of $9,272,741.10. The contract includes a
number of exhibits and states that the "GMP shall be set forth in Amendment No.1,
ettached hereto as Exhibit E". The completed Exhibit E for this GMP amendment is
included in this executive summary package (Attachment C).
Construction of the BCC Fleet Facility and associated parking is now planned to begin in
December 2006 and be completed in about one year. The demolition of the existing
BCC Fleet Facility and construction of the Sheriffs Fleet Facility will start a year from
now therefore those phases 11I'111 be priced separately.
The estimated project costs are as follows:
Tower
BCC Fleet
Sheriffs
Fleet
$1,150,000
$8,712.869
$240,000
$10,102,869
Total
Design / Permitting
Constru8tion
Commissioning
TOTAL
$0
$1,229,722
H1
$1,229,722
$1,350.000
$9,926,409
$300,000
$11,576,409
$2,500,000
$19,869,000
$540,000
$22,909,000
FISCAL IMPACT: The current budget for this project is as follows:
Source of Funds
Residual cash from capital replacement fund
Series 2005 revenue bond proceeds
Commercial Paper loan (budgeted in FY 07)
Total
Amount
$600,000
$9,570,000
$4,100.000
$14,270,000
The updated total cost estimate for this project (tower, County Fleet facility construction
and related parking, demolition of the existing BCC fieet facility, and Sheriff fleet facility)
is $22,909,000, amounting to a FY 2008 commercial paper loan need of $8,639,000.
This is noted in the table below.
Facility Rev. Budget Committed Est. to FYOB Com
Compl. Paper
BCC Fleet Facilitv & Tower $12,806,131 $2,191,932 $10,614,199 $0
Sheriff Fleet Facility $1,463,869 $433.424 $9,669,445 $8,639,000
TOTAL $14.270,000 $2,625,356 $20,283,644 $8,639,000
Staff recommends funding the construction of the County Fleet Facility and associated
parking within existing budgeted funds. To accomplish this, the 2005 bond money
allocated for BCC and Sheriff Fleet facilities will be used solely for the BCC fleet facility.
As no eligible Sheriff's facility will be constructed from proceeds of the 2005 bond, the
Law Enforcement impact fee fund cannot be used for these debt service payments. The
General Governmental Building Impact Fee Fund and the annual General Fund 1/3 mill
Agenda Iter;:n~:r: ~ITjJ' ,,::
r,overnber 14, 2006
Page 3 of 97
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I
capital allocation will be the sources of revenue to pay all the debt service payments
associated with the 2005 bond.
The existing budgeted funds as noted above in the source of funds are contingent upon
the issuance of a Commercial Paper loan. Net Commercial Paper loan proceeds of
$2,636,131 are required for the construction of the BCC Fleet facility and related
parking; with fees and pre-paid interest a gross loan not to exceed $2,775,000 is
recommended.
Due to the sequence of construction, the Sheriff's Fleet facility will be deferred and the
$8,639,000 funding will be addressed in the fiscal year 2008 budget. Any Commercial
Paper loan associated with the Sheriff's Fleet facility will be repaid with Law
Enforcement Impact fees.
Budget amendments will be needed in the, Facilities CIP Fund (301), General
Governmental Facilities impact Fee ",und (390), the Law Enforcement Impact Fee Fund
(385) and the CIP Refund Series 2005 Debt Service Fund (216) to accomplish the
following:
1) Revise the budget so the Law Enforcement Impact fee does not make a debt
service payment for the 2005 bond in FY 07 ($294,100) and is reimbursed for the
FY06 debt service payment ($269,200). This amounts to $563.300. There is
$149.400 available in the General Governmentai Facilities Impact Fee, and there
is $413,900 available in Facilities CIP Fund (301).
2) Reduce by $180.000 the Law Enforcement Impact Fee transfer in (loan) from
Facilities CI? Fund (301) to provide a cash reserve to pay the October 1, 2007
debt service payment on the Series 2005 bond, and move this reserve to the
General Governmental Facilities impact Fee fund (390).
3) Transfer from the Facilities CIP Fund (301) to the General Governmental
Facilities Impact Fee fund (390) $149,400, as a loan to assist the General
Governmental Facilities fund in making it's share of the 2006 and 2007 debt
service payment for the 2005 Bond.
GROWTH MANAGEMENT IMPACT: This project is consistent with the Growth
Management Plan.
RECOMMENDATION: That the Board of County Commissioners 1) approve Exhibit E,
Amendment #1 to contract #06-3914, "Construction Management at Risk Services for
the Collier County Fleet Facilities" with Wright Construction Corp. in the amount of
$9,272,741.10 for the Fleet Facility, project 52009, Phase 2 which includes the
construction of the new Fleet Management Department facility; 2) approve Change #15
to contract #02-3422, 'Profe5sional Architectural Services for New County Fleet Facility",
with Disney & Associates, P.A. to update the rate schedule and include additional
services necessary for construction phase 2 in the amount of $60,885; 3) authorize the
issuance of a Commercial Paper loan in the amount of $2,775,000 and 4) approve all
necessary budget amendments.
Agenda Item No' 10J -
November 14, 2006
Page 4 of 97
PREPARED BY: Ron Hovel!, P.E., Principal Project Manager, Facilities Management
Department
'."',,',-':>
.; ,~-:
RESOLUTION NO. 2007-_
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AUTHORIZING THE BORROWING OF NOT
EXCEEDING $2,642,000 FROM THE POOLED
COMMERCIAL PAPER LOAN PROGRAM OF THE
cLORIDA 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 ACQUISITION,
CONSTRUCTION AND EQUIPPING OF THE FLEET
MANAGEMENT DEPARTMENT FACILITY,
INCLUDING THE REIMBURSEMENT OF CERTAIN
COSTS INCURRED BY THE COUNTY IN CONNECTION
THEREWITH,; AUTHOIUZING THE EXECCTJON OF A
LOAN NOTE OR NOTES TO EVIDENCE SUCH
BORROWI"IG; AGREEING TO SECURE SUCH LOAN
NOTE OR NOTES WITH A COVENANT TO BUDGET
AND APPROPRIATE LEGALLY A V AILABLE NON-AD
VALOREM REVENUES AS PROVIDED IN THE LOAN
AGREEMENT; AUTHORIZING THE EXECUTION AND
DELIVERY OF SUCH OTHER DOCUMEKTS 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 tenns 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 Stahltes, 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 Commissioners oflhe County.
"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 (1) 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 Al1icle III thereof.
"Laan" means the loan to be made by the Commission to the County from
proceeds of the Series A Notes in accordance with the tenns 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-44" means the Loan designated as "Loan No. A-44" the proceeds of
which shall be used to finance a portion of the costs of Project .'\-44.
"Loan Note" means a note of the County evidencing the obligations incurred
under the Loan Agreement by thc county on account of a Draw made in regard to a Loan,
which shall be in substantially the fonn provided in Exhibit] to the Loan Agreement.
"Loan Rate" has the meaning set fOl1h 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 10 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
.S;'i'; .~.
",< .
"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-44" means the costs and expenses relating to the acqUiSItIOn,
construction and equipping of the Fleet Management Department facility, 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 10 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 tenns "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 tern1 "hereafter" shall mean after the date of adoption
of this Resolution.
Words impOIting 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, detennined 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
:
County, desiring to finance and refinance the cost of acqumng, 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-
44.
(D) The County desires to borrow an amount not to exceed $2,642,000 in order
to finance a ponion of the acquisition of Project A-44.
(E) On November 14, 2006, the Board authorized Project A-44 to be financed
with proceeds of a loan under the Program in order to incur costs related thereto, which
costs were expected to be reimbursed.
(F) The County hereby detcrnlines that the provislon of funds by the
Commission to the County in the form of Loan No. A-44 pursuant to the temlS of the
Loan Agreement and the financing of Project A-44 will assist in the development and
maimenance of the public welfare of tbe residents of the County, and shall serve a public
purpose by improving the bealtb and living conditions, and providing govcrnmcntal
services, facilities and programs and will promote tbe most efficient and economical
development of sucb services, facilities and programs.
(G) Loan No. A-44 shall be repaid solely from the Designated Revenues, Sucb
Designated Revenues shall include moneys derived from a covenant to budget and
appropriate legally available Non-Ad Valorem Revenues. Tbe ad valorem taxing power
of the County will never be necessary or authorized to make the Loan Rcpayments.
(H) Due to tbe potential volatility of the market for tax-exempt obligations such
as the Note or Notes to be issued evidencing Loan 1\0. A-44, the complexity of tbe
transactions relating to such Note or Notes and the uniqueness oftbe Program, it is in tbe
best interest of the County to deliver the Note or J\otes to the Commission pursuant to the
Program by a ncgotiated 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 tbe best possible price, issuance costs and interest
rate for such Note or Notes.
4
.,- ,
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SECTION 4. TERl\1S OF LOANS. The County hereby approves of Loan
No. A-44 in the aggregate amount of not exceeding $2,642,000 for the purpose of
providing the County with sufficient funds to finance, refinance or reimburse the costs of
Project A-44. The Chairman and the Clerk are hereby authorized to execute, seal and
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 ~otes with respect to Loan No. A-44 shall
reflect the terms of such Loan and shall be substantially in the fonn attached to the Loan
Agreement as Exhibit 1. The County Manager shall determine the date or dates of
funding of Loan No. A-44 in accordance with the tem1S 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-44; 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-44 shall bear interest at the
Loan Rate in accordance with the terms of the Loan Agreement. Loan No. A-44 shall
bear interest at the Loan Rate in accordance with the tenns 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-44 shall be 30 basis
points or such other amount as Wachovia Bank and the County Manager shall agree.
SECTION S. AUTHORIZATION OF PROJECT A-44. The County
does hereby authorize the acquisition of Project A-44 and the reimbursement of any costs
incurred by the County with respect to Project A-44 since Scptember 15,2006 (60 days
prior to "official intent" referred to in Section 3(E) hereof).
SECTION 6. SECURITY FOR THE LOAN. The County's obligation to
repay Loan No. A-44 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-44 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 property
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 perfonnance of all the terms, covenants and
5
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.
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 conlrary 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 r,",CONSISTEl\'T 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.
DUL Y ADOPTED this _ day of
BOARD OF COU,",TY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
(SEAL)
By:
Chairman
A TTEST: Dwight E. Brock, Clerk
Deputy Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
David C. Weigel
County Attorney
6
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EXECUTIVE SUMMARY
Recommendation to adopt a Resolution authorizing the borrowing of an amount not to
exceed $4,693,000 from the Pooled Commercial Paper Loan Program of the Florida
Local Government Finance Commission pursuant to the loan agreement between the
Board of County Commissioners and the Commission in order to finance the
construction ofthe Golden Gate Library Expansion; authorizing the execution of a loan
note or notes to evidence snch borrowing; agreeing to secure such loan note or notes
with a covenant to hudget 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.
OBJECTIVE: That the Board of County Commissioners adopt the attached Resolution
authorizing a loan from the Commercial Paper Program in an amount not to exceed
$4,693,000 to finance the construction of the Golden Gate Library Expansion.
-
CONSIDERATIONS: On December 1:>', :>'006 (agenda item I OF, attached) the Board of
County Commissioners awarded a contract to DeAngelis Diamond Construction, Inc. for the
construction of the Golden Gate Libra:-y Expansion. In the December 12,2006, Executive
Summary, the Board further approved a Commercial Paper Loan in the amount of $4,9:>.0,000
to finance the construction of this facility.
For clarity of the record, the Board is requested to approve the attached Commercial Paper
Loan Resolution in a not-to-exceed amount of$4,693,000. The revised (lower) not to exceed
amount is based on the actual estimate provided by Commercial Paper Loan Program staff
based on a firm closing date at the end of the month of November, reflecting lower costs of
pre-paid interest.
FISCAL IMPACT: A loan in an amount not to exceed $4,693,000 that shall be repaid with
moneys derived from a covenant to budget and appropriate legally available non-ad valorem
revenues. Estimated annual principal payments (based on a fifteen-year term) amount to
$312,900. Commercial paper principal and interest payment on this loan is budgeted at
$551,000 in FY 08. The interest is variable rate (5% interest rate was assumed in FY 08) and
paid monthly.
GROWTH MANAGEMENT IMPACT: There IS no GrO\\'th Management impact
associated with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners adopt the attached
Resolution authorizing a loan in an amount not to exceed $4,693,000 from the Commercial
Paper Loan Program as the funding source for the construction of the Golden Gate Library
Expansion.
-
Prepared by: Michael Smykowski, OMB Director
EXECUTIVE SUMMARY
.~n___._n.~'--l
Age~da Iti~~:;o 1DF!
December 12, 2006
Page 1 of 4
I
I
I
Recommendation to award contract #07-4082, "Golden Gate Library Expansion" to
DeAngelis Diamond Construction for the construction of the Golden Gate Library,
project 54261, in the amount of $4,879,000 and approve the necessary budget
amendments. .
OBJECTIVE: To award contract #07-4082, "Golden Gate Library Expansion" to
DeAngelis Diamond Construction for the construction of the Golden Gate Library, project
54261, in the amount of $4,879,000 and approve the necessary budget amendments.
CONSIDERATION: This project was originally approved by the Board of County
Commissioners in 2003. The onginal intent was to construct an addition to the existing
building. The .current scope of this project is to construct an approximately 17,000
square foot library adjacent to the existing library.
On October 9, 2006, formal bid invitations were posted in the lobby of Building G-
Purchasing and distributed to one hundred seventy seven (177) firms that provide these
services. On November 30, 2006, bids were received and opened 'rom five (5) firms.
Upon the review and evaluation of the bids, the Facilities Management Department
determined that the lowest, "qualified and responsive" bidder is DeAnaelis Diamond
Construction. -
DeAngelis Diamond Construction
Gates McVey Butz Institutional C::Jnstruction
Br::Joks and Freund
Vanderbilt Bay Construction
Lodge Construction
$4,879,000.00
$4,933,839.00
$4,955,000.00
$4,965,000.00
$5,487,650.00
The direct project costs are as follows:
Design I Permitting
Construction
Commissioning
Contingency
TOTAL
$1,175,830
$4,879,000
$ 436,670
$ 800.000
$7,293,500
The current project budget is 5:5,864,400 and the current project estimate is $7,293,500.
Grant
Commercial Paper (budgeted)
Impact Fees
Avtii!able Funds
$ 500,000
4,683,100
661.300
$5,864,400
$1,429,100
Total project shortfall
Construction is planned to begin in the first quarter of calendar year 2007 with
completion about twelve months later. The Site Deveiopment Plan (SDP) was submitted
Agenda Ile111 No' 1C F
December 12, 2006
Page 2 of 4
in June 2006 and is under review. The building permit application was submitted in
October 2006 and is also under review.
FISCAL IMPACT: A budget amendment is needed to increase the Golden Gate project
(54261) by $1,429.100 and a transfer from the General Fund (001). The General Fund
budget amendment will recognize additional carry forward in the amount of $1,429.100
and appropriate a transfer out to the Library Impact Fee fund 355, the additional revenue
is a portion of the excess fees that were received over and above what was forecasted
for fiscal year 2006.
A net Commercial Paper Loan of $4,683,100 is required for the construction of the
Golden Gate Library; with fees and pre-paid interest a gross loan not to exceed
$4,920,000 is recommended. Based on a 15 year commercial paper loan of $4,920.000,
the estimated debt service payments for 6 months in fiscal year 2007 will be $454,500
and for a full year for FY 2008 will be $561 ,100.
GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management
Plan.
RECOMMENDATIONS: That the Board of County Commissioners 1) award contract
#07 -4082, "Golden Gate Library Expansion" to DeAngelis Diamond Construction for the
construction of the Golden Gate Library, project 54261, in the amount of $4,879,000. 2)
authorize the Chairman to sign the agreement, 3) authorize the issuance of a
Commercial Paper lean in the amount of ~4,920,OOO, and 4) approve the necessary
budget amendments.
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RESOLUTION NO. 2007-_
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AUTHORIZING THE BORROWING OF NOT
EXCFFD!:'!G S..;,U"~,OOO FROM THE POOLED
COMMERCIAL PAPER LOAN PROGRJ\M 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 RELAT]]\"G TO ACQUISITION,
CONSTRUCTION AND EQUIPPING OF THE GOLDEN
GATE LIBRARY EXPAJ\'SION, INCLUDING THE
REIMBURSEMENT OF CERTAIN COSTS I'\Cl'RRED
BY THE COCl'\TY n, CO'\NECTJON THEREWITH.;
AUTHORIZING THE EXECUTION OF A LOAN' N'OTE
OR NOTES TO EVIDENCE SUCH BORROWIl\G:
AGREEING TO SECURE SUCH LOAN N'OTE OR NOTES
WITH A COVENANT TO BUDGET AND APPROPRIATE
LEGALL Y AVAILABLE NO."\-AD VALOREM
REVEJ\UES AS PROVIDED IN THE LOAN
AGREEMENT: Al:THORIZING THE EXECUTION AND
DELIVERY OF SUCH OTHER DOCTMENTS AS MAY
BE NECLSSARY 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. DEFINITlO2\S. Unless the context of use indicates another
meaning or intent, the following words and tenns as used in this Resolution shall have the
following meanings. Capitalized ten11S not defined herein shall have the meanings
ascribed thereto in the hereinafter clefi:led Loan Agreement.
"Act" means, collectively, Part I, Chapter 125, Florida Statutes, Part I, Chapter
163. Florida Statutes, and all other applicable provisions oflaw.
"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 Commissioners of the County.
"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 pur~oses 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 Arti cle 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 tenns of this Resolution and of the
Loan Agreement.
"Loan Agreement" means the Loan Agreement, dated as of April 12, 199],
between the County and the Commission, as amended and supplemented and as the same
may be further amended and supplemented.
"Loan No. A-43" means the Loan designated as "Loan No. A-43" the proceeds of
which shall be used to finance a portion of the costs of Project A-43.
"Loan Note" means a note of the County evidencing the obligations incuned
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 Ito 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 thc provisions of the Loan Agreement.
2
:11 :J
"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 saC.) 01 ';,C ""1"0,,,,;,,, uf the County or which are legally mandated by
applicable law.
"Program" means the Pooled Commercial Paper Loan Program established by
the Conunission.
"Project A-43" means the costs and expenses relating to the acqUlsltlOn,
construction and equipping of the Golden Gate Library Expansion, 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 Va]or~m 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 tern] "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 RESOUJTION. This Resolution IS
adopted pursuant to the provisions of the Act.
SECTION 3.
declared that:
FINDINGS.
It IS hereby ascertained, detennined 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
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~,
County, desiring to finance and refinance the cost of acquIrIng, constructing and
equipping capital improvements and to finance and refinance other governmcntal 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-
43.
(D) The County desires to borrow an amount not to exceed $4,693,000 in order
to finance a portion of the acquisition of Project A-43.
(E) On December 12, 2006, the Board authorized Project A-43 to be financed
with proceeds of a loan under the Program in order to incur costs related thereto, which
costs were expected to be reimbursed.
(F) The County hereby detennines that the provision of funds by the
Commission to the County in the forn1 of Loan No. A-43 pursuant to the tenns of the
Loan Agreement and the financing of Project A-43 will assist in the development and
maintenance of the public welfare of the residents of tbe County, and shall serve a public
purpose by improving the health and living conditions, and providing governmental
services, facilitics and programs and will promote the most efficient and economical
development of such services, facilities and programs.
(G) Loan No. A-43 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 Valorcm Revenues. The ad valorem taxing power
of the County will never be necessary or authorized to make tbe Loan Repayments.
(H) 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-43, the complexity of the
transactions relating to such Note or Notes and the uniqueness of the Program, it is in thc
best interest of the County to deliver tbe Note or Notes to the Commission pursuant to the
Program by a negotiated sale pursuant to Section 218.385(1), Florida Statutes, allowing
tbe 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.
4
-
SECTION 4. TERMS OF LOANS. The County hereby approves of Loan
No. A-43 in the aggregate amount of not exceeding $4,693,000 for the purpose of
providing the County with sufficient funds to finance, refinance or reimburse the costs of
Project A-43. The Chairman and the Clerk are hereby authorized to execute, seal and
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-43 shall
reflect the terms of such Loan and shall be substantially in the form attached to the Loan
Agreement as Exhibit I. The County Manager shall detemline the date or dates of
funding of Loan No. A-43 in accordance with the ten11S 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-43; 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 1\"0. A-43 shall bear interest at the
Loan Rate in accordance with the terms of the Loan Agreement. Loan 1\"0. A-43 shall
bear interest at the Loan Rate in accordance with the tenns of the Loan Agreement. The
County further agrees to make all Loan Repayments required of it pursuam to the tenns
of the Loan Agreement. The Letter of Credit fees for Loan No. A-43 shall be 30 basis
points or such other amount as Wachovia Bank and the County Manager shall agree.
SECTION 5. ACTHORIZATlON OF PROJECT A-43. The County
does hereby authorize the acquisition of Project A-43 and the reimbursement of any costs
incurred by the County with respect to Project A-43 since October 13, 2006 (60 days
prior to "official intcnt" refened to in Section 3(E) hereof).
SECTION 6. SECURITY FOR THE LOAN. The County's obligation to
repay Loan No. A-43 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-43 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 property
whatsoever of or in the County other than the Designated Revenues.
SECTIO)'; 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 refcncd to as the "Lender"). The pledge and agreements of the
County herein set forth shall be for the benellt, protection and security of the Lender.
SECTIO!\ 8. GE-"ERA.L 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 puncmal and complete performance of all the ternlS, covenants and
5
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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 nece5sary or proper for carrying out the transactions
contemplated by this Resolution and the Loan Agreement.
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.
SECTlO~ 11. EFFECTIVE DATE. This Resolution shall take effect
immediately upon its adoption.
DULY ADOPTED this ___ day of
BOARD OF COO:\'TY COMMISSIONERS
OF COLLIER COONTY, FLORIDA
(SEAL)
By;
Chairn1an
ATTEST: Dwight E. Brock, Clerk
Deputy Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY;
David C. Weigel
County Attorney
6
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F'?)8 i of 4
EXECUTIVE SUMMARY
Recommendation to officially approve Collier County's 2008 State Legislative
Priorities and direct the Commission Chairman to present them to the Collier
County Legislative Delegation on November 28, and direct the County Manager to
provide them to the county's state lobbyist who will represent the county's interests
in Tallahassee through the 2008 Legislative Session.
OBJECTIVE: To approve Collier County's 2008 State Legislative Priorities and direct
Board of County Commissioners Chairman Jim Coletta to present them to the Collier
County Legislative Delegation at the State Legislative Delegation Meeting and Public
Hearings scheduled on November 28, and direct County Manager Jim Mudd to provide
them to the county's state lobbyist to represent the county's interests in Tallahassee
through the 2008 Legislative Session.
CONSIDERATION: To develop Collier County government's legislative platform, the
Board of County Commissioners at a regular Board meeting on October 23,2007,
discussed a list of proposed legislative priorities. The Board then held aioint Pre 2008
Legislative Session Workshop with Collier County Legislative Delegation Chairman
Representative Garrett Richter and other members' staff on "Jovembcr 2,2007, at which
time the list of Collier County's proposed 2008 State Legislative Priorities was
deliberated and discussed.
The following list was determined as a result of that November 2,2007 workshop:
.
.
.
.
.
.
.
.
.
.
.
-
Collier Countv's
2008 State Lerdslative Priorities:
Continue Efforts to Decrease Insurance Costs
Affordable Housing - Remove Cap on Sadowski Housing Trust
Funds
Protect Impact Fees
Real Estate Transfer Fee
Partial-Year Assessments
Protect Home Rule
Transportation Funding Tied to Seat Belt Use
Cameras at Intersedions to Catch Red-Light Runners
Address Issues of Concern in Consultants Competitive Negotiation
Act (CCNA)
Monitor Growth 1\1anagement Developments
Support Any Attempt to Enforce Immigration Laws
* Encourage State to implement statewide the Collier County Sheriff
task force and Tax Collector dril'er license program
* Encourage State to file lawsuit against federal government for
failing to enforce immigration laws
. Support County Commissioners Appointing Members of the
Collier County Housing Authority Board
In addition, Collier County is proposing a Special Act as required in order for the Collier
County Commission to appoint the five members of the Collier County Housing
Authority Board, as opposed to Governor appointments.
The Special Act reads:
A bill to be entitled
i'ill act relating to Collier County; requiring the Collier County Board of
County Commissioners to appoint the commissioners of the Collier
County Housing Authority in the same manner as currently appointed by
the Governor pursuant to F.S. Sec. 421.27: providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1.
Notwithstanding F.S. Sec. 421.27(2) commissioners of the
Collier County Housing Authority shall be exclusivelv am)ointed by the Board of Count v
Commissioners of Collier County, in the same manner as presentlv appointed by the
Governor. In all other respects, the Collier County Housing Authority shall be governed
by F.S. Sec. 421.27, as mav be amended from time to time.
Section 2.
This act shall take effect upon becoming a law.
Upon approval by the Board, Commission Chaimlan Jim Coletta will present Collier
County's 2008 State Legislative Priorities to the Collier County Legislative Delegation
on Wednesday, November 28 beginning at 2 p.m. in the Board of Coumy Commissioners
chambers on the third floor of the W. Hannon Turner Building, Administration Building
F, 3301 East Tamiami Trail.
FISCAL IMPACT: There is no fiscal impact associated with this executive summary.
GROWTH MANAGEMENT I'fPACT: There is no growth management impact
associated with this executive summary.
LEGAL CONSIDER<\. nONS: There arc no legal considerations associated with this
executive summary.
RECOMMENDA nON: That the Board of County Commissioners approves Collier
County's 2008 State Legislative Priorities and directs the Commission Chairman to
present them to the Collier County Legislative Delegation on November 28, and directs
the County Manager to provide them to the county's state lobbyist who will represent the
county's interests in Tallahassee through the 2008 Legislative Session.
Prepared by Debbie Wight, Assistant to the County Manager
Item Number:
Item Summary:
Meeting Date:
COLLIER COU'\TY
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EXECUTIVE SUMMARY
Recommendation to the Board of County Commissioners to authorize the
preparation of a capital improvements plan for the Immokalee Urban Designated
Area (Companion item to Community Redevelopment Agency approval of item under
14A to be considered following action on 14A)
OBJECTIVE: To obtain Collier County Board of County Commissioners authorization,
contingent upon Community Redevelopment Agency approval, to retain the services of
Guardian Community Resource Management, Inc, (Guardian) to prepare a 15-year
Capital Improvements Pian (CIP) for the Immokalee Urban Designated Area that will be
consistent with the Collier County Growth Management Plan and the Capital
Improvement Element
--
CONSIDERATIONS: The draft Immokalee Urban Area Master Plan (lAMP) has been
prepared and is being reviewed internally with likely submittal for a Growth Management
Plan amendment in 2008, During the many public visioning meetings, public workshops
and meetings, participants reguiarly identified the following pervasive public
infrastructure inadequacies in Immokalee including, but not limited to:
. Storm drainage
. Streets
. Street lighting
. Sidewalks
. Entryways to Immokalee and its neighborhoods
The preparation of the 15-year CIP will be a collaboration of Guardian working closely
with the Immokalee Master Plan and Visioning Committee, the Immokalee Community
Redevelopment Advisory Board, the Immokalee Community, and the Community
Redevelopment Agency, Guardian is currently an approved contractor with Collier
County, The CIP is anticipated to be completed within 120 days of the date of a
purchase order and will identify specific public infrastructure needs and associated
estimated costs, a prioritization schedule, and alternative sources of funding within the
following Immokalee geographies:
. The Immokalee Urban Designated Area
. Sub-Areas of the Immokalee Urban Designated Area
. "Neighborhoods of Critical Concern" (areas within some sub-areas)
The uses of the CIP, upon finding of consistency with the Growth Management Plan,
may include, but not be limited to:
. Updating of the Immokalee Component of the Collier County Community
Redevelopment Plan
. Annual work programs and on-going daily use in stimulating development and
redevelopment within the Immokalee Urban Designated Area
. Possible consideration of projects for inclusion in the Capital Improvement
Element, upon review by County staff, the Collier County Planning Commission,
and approval by the Board of County Commissioners.
-
FISCAL IMPACT: Funds for the completion of the CIP are available in Fund No,186
entitled, "Immokalee Redevelopment" for FY2007-2008 and will not exceed $35,000,
Upon completion of the CIP, projects may be identified for inclusion in the Annual
Update and Inventory Report and the Capital Improvement Element which would have
additional financial ramifications if approved by the Board of County Commissioners,
CONSISTENCY WITH GROWTH MANAGEMENT PLAN: Upon completion, thorough
review by County staff, and acceptance of the CIP by the Board of County
Commissioners, the CIP would be found consistent with the Growth Management Plan
and Policy 4.2 of the Future Land Use Element which reads as follows:
'The Immokalee Area Master Plan addresses conservation, future land use, population,
recreation, transportation, housing, and the iocal economy, Major purposes of the
Master Plan are coordination of land uses and transportation planning, redevelopment or
renewal of blighted areas, and the promotion of economic development"
LEGAL CONSIDERATIONS: Upon completion of the CIP it will be reviewed by County
legal staff for consistency with the Collier County Growth Management Plan,
ADVISORY BOARD RECOMMENDATION: During their regular September 19 and
October 17, 2007 meetings, the following actions were taken:
. Immokalee Master Plan and Visioning Committee recommended to the Board of
County Commissioners authorization to proceed with this project as outlined in
the attached Scope of Services: and
. Irn:nokalee Redevelopment Advisory Board recommended to the Community
Redevelopment Agency authonzation to proceed with this project and make
payment for same from Fund No,186 at a cost not to exceed $36,000 and in
accordance with the attached Scope of Services,
RECOMMENDATION: That the Collier County Board of County Commissioners,
contingent upon approval by the Community Redevelopment Agency, accept the
recommendations of the Immokalee Redevelopment Advisory Board and the Immokalee
Master Plan and Visioning Committee and authorize proceeding with the preparation of
a CIP for the Immokalee Urban Designated Area that must be found consistent with the
County Growth Management Plan prior to acceptance by the Community
Redevelopment Agency and the Board of County Commissioners,
PREPARED BY: Thomas Greenwood, Principal Planner, Comprehensive Planning
Department, acting on behalf of the Immokalee Redevelopment
AdVISOry Board and the Immokalee Master Plan and Visioning
Committee
o
Item Number:
Item Summary:
Meeting Date:
COLLIER COll'\n
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SCOPE OF SERVICES
Timin~ and Cost of CIP
It is the intent of the CRA to have a CIP prepared for the Immokalee Urban Designated
Area for use as a supplemental plannino tool, with a maximum delivery time of 120 days
from the date of aooroval of the implementing purchase order, and at a cost not exceed
$35,000,
Sources of Data for the CIP
To accomplish the CIP in the timely cost effective manner as outlined above, it is
anticipated that the CIP preparation will rely largely upon the following available data, in
addition to the consultant's own previous experience and readily available information, in
preparing a CIP:
1, The draft lAMP (and its supporting Inventorv and Analvsis Report and Economic
Analysis Report) presently under review;
2, The Immokalee Storm Water Manaoement Plan of 2005;
3, The Collier County GIS on-line mappino available through the Collier County
/l,ssessor's Office
Field measucements to determine lineal dimensions and areas are not re~uired, and the
use of the County GIS mapping available from the Collier County !\ppraiser's web site
would be sufficiently accurate for the CIP, Unit cost estimates for various capital
improvements may be based upon the best available information (construction industry
and Collier County actual unit costs on similar proJects),
Deliverables:
. Reports and data points 1-3 to be provided by Collier County within 5 business
days after the purchase order (see Schedule A from Contract #0/'-4150)
. CIP inventory list, using data points 1-3 (above), with unit cost estimates to be
provided by the Contractor, Contractor acknowledges that GIS on-line mapping
is available to the public and, as such, #3 immediately listed above has already
been provided to the Contractor,
CIP Content
The CIP would contain a ranked list of future capital improvements and ootential fundino
sources for a 15-vear period (three 5-vear periods) beoinnino on October 1, 2008 and
endinG September 30, 2023, with capitallmorovements listed bv:
. The Immokalee Urban Designated Area as a whole (Map 1)
. The lAMP planning sub-areas (Maps 2-10)
. The individual "Neighborhoods of Critical Concern", where appropriate, within
each planning sub-area
The IMPVC and the CRA shall concur with the CIP and the ranking and listing of capital
imp;-ovements following the holding of at least one public work shop in Immokalee,
CIP Deliverables and Payment Schedule
A Init,al IMPVC and CRA Advisory Board Meetino
Within 25 calendar days of the date of the purchase order, an initial informational
meeting by the Consultant shall be held with the IMPVC and the CRA Advisory
Board, This initial meeting shall be held for the Consultant to obtain general and
:.;.
~-, ~.'f
specific direction about critical short term (0 to 5 years), mid-term (6-10 years),
and long term (11-15 years) capital improvement issues in order to better
prepare a draft CIP, Such issues may include, but are not limited to, those listed
in the lAMP and Attachments A and B hereto, Additionally, the meeting shall
be held to answer any questions the IMPVC and CRA Advisory Board may have
about the process and the preparation of the final product (10% payment)
Deliverables:
. IMPVC and CRA Advisory Board kick-off meeting
. Draft methodology for ranking future capital improvements to be provided
by Contractor
B, Draft CIP for IMPVC/CRA Advisory Board Review
Within 60 calendar days of the date of the purchase order, a preliminary draft CIP
(deliverables are 20 hard copies and 3 compact disks and attendance a
meeting with the IMPVC and CRA Advisory Board) shall be submitted to the
CRA staff by the Consultant and reviewed with the IMPVC and CRA Advisory
Board, Any appropriate modifications to the preiiminary draft CIP shall be made
during or within 5 days of the date of the presentation to the IMPVC and CRA
Advisory Board, (40% payment)
Deliverables:
. Contractor will produce a Preliminary Draft CIP with up to 20 hard copies
and 3 compact disks submitted to Collier County,
. Preliminary Draft CIP meeting with IMPVC and CRA Advisory Board
members with up to 2 presentation boards and 1 power point presentation
(with handouts)
. Contractor will produce a list of potential funding sources based on
Preliminary Draft CIP with up to 20 hard copies and 3 compact disks
submitted to Collier County,
C. Public Workshop on Preliminary Draft CIP
Within 90 calendar days of the date of the purchase order, a public workshop
shall be held on the revised preliminary draft CIP (deliverables are 20 hard
copies and 3 compact disks and attendance and presentation at the IMPVC
and CRA Advisory Board workshop) at a time and place agreed to by the
IMPVC and CRA Advisory Board to obtain public input regarding the preliminary
draft, (20% payment)
Deliverables:
. Collier County will be responsible for setting the public workshop meeting
date, reserving a meeting room, as well as advertising in local
newspapers and mailing lists,
. Contractor will conduct a public workshop to present Revised Preliminary
Draft CI? and obtain public input with up to 5 presentation boards and 1
power point presentation (with handouts),
D, Public Workshop on the Final Draft CIP
Within 120 days of the date of the purchase order, a final recommended CIP
shall be presented to the IMPVC and the CRA Advisory Board (deliverables are
2
20 hard copies and 3 compact disks) addressing and/or incorporating the
responses, comments, and recommendations agreed to during the public
workshop, (final 20% payment)
. Collier County will be responsible for setting the public workshop meeting
date, reserving a meeting room, as well as advertising in local
newspapers and mailing lists,
. Contractor will produce a Final Draft CIP that includes public workshop
input with up to 20 hard copies and 3 compact disks submitted to Collier
County,
. Contractor will conduct a public workshop to present the Final Draft CIP
with up to 2 presentation boards and 1 power point presentation (with
handouts)
,
~
MAP 1...FUTURE LAND USE MAP FOR THE IMMOKALEE URBAN
DESIGNATED AREA
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MAP 2,...SOUTH IMMOKALEE REDEVELOPMENT AREA SUB AREA
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MAP 3...MAIN STREET REDEVELOPMENT AREA SUB AREA
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MAP 7...LAKE TRAFFORD REDEVELOPMENT AREA SUB AREA
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MAP 8...IMMOKALEE REGIONAL AIRPORT/FLORIDA TRADEPORT
REDEVELOPMENT AREA SUB AREA
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MAP 8 A (RELATED TO MAP A)....CONCEPTUAL LAND USE PLAN FOR
THE IMMOKALEE REGIONAL AIRPORT/FLORIDA TRADEPORT
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MAP 9...SEMINOLE RESERVATION
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MAP 10...REMAINDER URBAN LANDS REVELOPMENT AREA SUB AREA
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-
EXECUTIVE SUMMARY
Recommendation to Community Redevelopment Agency to authorize the
preparation of a capital improvements plan for the Immokalee Urban Designated
Area (Companion item to Board of County Commissioners item 10A to be considered
before item 10A)
OBJECTIVE: To obtain Community Redevelopment Agency approval of the
recommendation of the Immokalee Master Plan and Visioning Committee and the
Immokalee Local Redevelopment Advisory Board to retain the services of Guardian
Community Resource Management, Inc, (Guardian) to prepare a 15-year Capital
Improvements Plan (CIP) for the Immokalee Urban Designated Area that will be
consistent with the Collier County Growth Management Plan and the Capital
Improvement Element
--
CONSIDERATIONS: The draft Immokalee Urban Area Master Plan (lAMP) has been
prepared and is being reviewed internally with likely submittal for a Growth Management
Plan amendment in 2008, During the many public visioning meetings, public workshops
and meetings, participants regu:arly identified the following pervasive public
infrastructure inadequacies in Immokalee including, but not iimited to:
. Storm drainage
. Streets
. Street lighting
. Sidewalks
. Entryways to Immokalee and its neighborhoods
The preparation of the 15-year CIP will be a collaboration of Guardian working closely
with the Immokalee Master Plan and Visioning Committee, the Immokalee Community
Redevelopment Advisory Board, the Immokalee Community, and the Community
Redevelopment Agency, Guardian is currently an approved contractor with Collier
County, The CIP is anticipated to be completed within 120 days of the date of a
purchase order and will identify specific public infrastructure needs and associated
estimated costs, a prioritization schedule, and alternative sources of funding within the
following Immokalee geographies:
. The Immokalee Urban Designated Area
. Sub-Areas of the Immokalee Urban Designated Area
. "Neighborhoods of Critical Concern" (areas within some sub-areas)
The uses of the CIP, upon finding of consistency with the Growth Management Plan,
may include, but not be limited to:
. Updating of the Immokalee Component of the Collier County Community
Redevelopment Plan
. Annuai work programs and on-going daily use in stimulating development and
redevelopment within the Immokalee Urban Designated Area
. Possible consideration of projects for inclusion in the Capital Improvement
Element, upon review by County staff, the Collier County Planning Commission,
and approval by the Board of County Commissioners.
--
FISCAL IMPACT: Funds for the completion of the CIP are available in Fund No,186
entitled, "Immokalee Redevelopment" for FY 2007-2008 and will not exceed $35,000,
Upon completion of the CIP, projects may be identified for inclusion in the Annual
Update and Inventory Report and the Capital Improvement Element which would have
additional financial ramifications if approved by the Board of County Commissioners,
CONSISTENCY WITH GROWTH MANAGEMENT PLAN: Upon completion, thorough
review by County staff, and acceptance of the CIP by the Board of County
Commissioners, the CIP would be found consistent with the Growth Management Plan
and Policy 4,2 of the Future Land Use Element which reads as follows:
"The Immokalee Area Master Plan addresses conservation, future land use, population,
recreation, transportation, housing, and the local economy, Major purposes of the
Master Plan are coordination of land uses and transportation planning, redevelopment or
renewal of blighted areas, and the promotion of economic development"
LEGAL CONSIDERATIONS: Upon completion of the CIP it wi Ii be reviewed by County
legal staff for consistency with the Collier County Growth Management Plan,
ADVISORY BOARD RECOMMENDATION: During their regular September 19 and
October 17,2007 meetings, the following actions were taken:
. Immokalee Master Plan and Visioning Committee recommended to the Board of
County Commissioners authorization to proceed with this ixoJect as outlined In
the attached Scope of Services; and
. Immokalee Redeveiopment Advisory Board recommended to the Community
Redevelopment Agency authorization to proceed with this project and make
payment for same from Fund I~o, 186 at a cost not to exceed $35,000 and in
accordance with the attached Scope of Services,
RECOMMENDATION: That the Community Redevelopment Agency accept the
recommendations of the Immokalee Redevelopment Advisory Board and the Immokalee
Master Plan and Visioning Committee and authorize proceeding with the preparation of
a CIP for the Immokalee Urban Designated Area that must be found consistent with the
County Growth Management Plan prior to acceptance by the Community
Redevelopment Agency and the Board of County Commissioners,
PREPARED BY: Thomas Greenwood, Principal Planner, Comprehensive Planning
Department, acting on behalf of the Immokalee Redevelopment
Advisory Board and the Immokalee Master Plan and Visioning
Committee
2
I'd1;.(.' I of 1
'-I
COLLIER COU'\TY
Item Number:
Item Summary:
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1-,-1;, 1er "'-'" ,.j V:sin 'r',; - ;:nm:1:",'O- ::I~d IT"'I
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""'CiI,i(;01'k' J''',\(J
Meeting Date:
"",11
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111"7/')(111",
SCOPE OF SERVICES
Timinq and Cost of CIP
It is the intent of the CRA to have a CIP prepared for the Immokalee Urban Designated
Area for use as a supplemental planninG tool, with a maximum delivery time of 120 days
from the date of approval of the implementing purchase order, and at a cost not exceed
$35,000
Sources of Data for the CIP
To accompilsn lne CiP in the timely cost effective manner as outlined above, it is
anticipated that the CIP preparation will rely largely upon the following available data, in
addition to the consultant's own previous experience and readily available information, in
preparing a CIP:
1, The draft lAMP (and its supporting Inventorv and Analvsis Report and Economic
Analvsis Reoort) presently under review;
2, The Immokalee Storm Water Manaoement Plan of 2005;
3, The Collier County GIS on-line mapoinG available through the Collier County
Assessor's Office
Fieid measurements to determine lineal dimensions and areas are n~t re~uired, and the
use of the County GIS mapping available from the Collier County App,aiser's web site
would be sufficiently accurate for the CIP, Unit cost estimates for various capital
improvements may be based upon the best available Informalion (construction industry
and Coliier County actual unit costs on similar projects),
Deliverables:
. Reports and data points 1-3 to be provided bv Collier County within 5 business
days after the purchase order (see Schedule A from Contract #07-4150)
. CIP inventory list, using data points 1-3 (above), with unit cost estimates to be
provided by the Contractor, Contractor acknowledges that GIS on-line mapping
is available to the public and, as such, #3 immediately listed above has already
been provided to the Contractor,
CIP Content
The CIP would contain a ranked list of future capital imorovements and potential fundinG
sources for a 15-year period (three 5-vear oeriods) beoinninG on October 1,2008 and
endinG September 30, 2023, with capital imorovements listed bv:
. The ImmoKalee Urban Designated Area as a whole (Map 1)
. The LA.MP planning sub-areas (Maps 2-10)
. The individual "I~eighborhoods of Critical Concem", where appropriate, within
each planning sub-area
I "e, "'VC and the CRA shall concur with the CIP and the ranking and listing of capital
improvements following the hoiding of at least one public work shop in Immokalee,
CIP Deliverables and Payment Schedule
A, Initial IMPVC and CRA Advisorv Board MeetinQ
Withi" -':; calendar days of the date of the purchase order, an initial informational
meeting by the Consultant shall be held with the IMPVC and the CRA Advisory
Board, This initial meeting shall be held for the Consultant to obtain general and
::' J
specific direction about critical short term (0 to 5 years), mid-term (6-10 years),
and long term (11-15 years) capital improvement issues in order to better
prepare a draft CIP, Such issues may include, but are not limited to, those listed
in the lAMP and Attachments A and B hereto, Additionally, the meeting shall
be held to answer any questions the IMPVC and CRA Advisory Board may have
about the process and the preparation of the final product (10% payment)
Deliverables:
. IMPVC and CRA Advisory Board kick-off meeting
. Draft methodology for ranking future capital improvements to be provided
by Contractor
B, Draft CIP for IMPVC/CRA Advisory Board Review
Within 60 calendar days of the date of the purchase order, a preliminary draft CIP
(deliverables are 20 hard copies and 3 compact disks and attendance a
meeting with the IMPVC and CRA Advisory Board) shall be submitted to the
CRA staff by the Consultant and reviewed with the IMPVC and CRA Advisory
Board, Any appropriate modifications to the preiiminary draft CIP shall be made
during or within 5 days of the date of the presentation to the IMPVC and CRA
Advisory Board, (40% payment)
Deliverabies:
. Contractor will produce a Preliminary Draft CIP with up to 20 hard copies
and 3 compact disks submitted to Collier County,
. Preliminary Draft CIP meeting with IMPVC and CRA Advisory Board
members with up to 2 presentation boards and 1 power point presentation
(with handouts)
. Contractor will produce a list of potential funding sources based on
Preliminary Draft CIP with up to 20 hard copies and 3 compact disks
submitted to Collier County,
C. Public Workshop on Preliminary Draft CIP
Within 90 calendar days of the date of the purchase order, a public workshop
shall be held on the revised preliminarv draft CIP (deliverables are 20 hard
copies and 3 compact disks and attendance and presentation at the IMPVC
and CRA Advisory Board workshop) at a time and place agreed to by the
IMPVC and CRA Advisory Board to obtain public input regarding the preliminary
draft, (20% payment)
Deiiverables:
. Collier County will be responsible for setting the public workshop meeting
date, reserving a meeting room, as well as advertising in local
newspapers and mailing lists,
. Contractor will conduct a public workshop to present Revised Preliminary
Draft CIP and obtain public input with up to 5 presentation boards and 1
power point presentation (with handouts),
0, Public Workshop on the Final Draft CIP
Within 120 days of the date of the purchase order, a final recommended CI P
shall be presented to the IMPVC and the CRA Advisory Board (deliverables are
2
;-j
20 hard copies and 3 compact disks) addressing and/or incorporating the
responses, comments, and recommendations agreed to during the public
workshop, (final 20% payment)
. Collier County will be responsible for setting the public workshop meeting
date, reserving a meeting room, as well as advertising in local
newspapers and mailing lists,
. Contractor will produce a Final Draft CIP that includes public workshop
input with up to 20 hard copies and 3 compact disks submitted to Collier
County,
. Contractor will conduct a public workShop to present the Final Draft CIP
with up to 2 presentation boards and 1 power point presentation (with
handouts)
3
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- C); 17
MAP 1...FUTURE LAND USE MAP FOR THE IMMOKALEE URBAN
DESIGNATED AREA
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MAP 8...IMMOKALEE REGIONAL AIRPORT/FLORIDA TRADEPORT
REDEVELOPMENT AREA SUB AREA
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MAP 8 A (RELATED TO MAP A)....CONCEPTUAL LAND USE PLAN FOR
THE IMMOKALEE REGIONAL AIRPORT/FLORIDA TRADE PORT
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MAP 9...SEMINOLE RESERVATION
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MAP 10...REMAINDER URBAN LANDS REVELOPMENT AREA SUB AREA
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14
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i;';:';:81 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/evcnt and approve payment by the Clcrk.
CONSIDERA nONS: Pursuant to Resolution No, 99-410, the Board of County
Commissioners has detcrmined that attendance at the functions of fratemal, business,
environmental, educational, charitable, social, professional, tradc. homcowners, ethnic,
and civic association/organizations serves a valid public purposc, provided that said
functions reasonably relate to Collier COLlnty matters,
COMMISSIONER: Donna Fiala
FUNCTIO~/EVE~T: Friends ofthe Library 50lh Anniversary Gala Celebration
PUBLIC PURPOSE: To attend the Friends of the Library 50lh Anniversary Gala
Celebration and network with constitucnts,
DATE OF FU!\CTlON/EVEJ\"T: Nllvcmbcr 30, December 2, 20(J7
FISCAL IMPACT: $200,(J(J Funds to be paid from Commissioner's travel budget
RECOMMENDA T10~: That the Board of County Commissioners, in accordance with
Resolution No, 99-410, approve payment by the Clerk fiJr Commissioner Donna Fiala to
attend function serving a valid public pU'1)OSC,
PREPARED BY: Kendra Hastin:cs, Executive Aide to BCC
APPROVED BY: Sue Filson, Executive Mana:ccr to BCC
AGENDA DATE: November 13, 2(J()7
,_ ~) c,
~ , ',d: T'
COLLIER COU:>ITY
""."-
Item Number:
Item Summary:
l'Il' '",:?
ili, (! ~ .;:)1 "; c",,',;,t ,f
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Meeting Date:
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. - - - - - - - - - - - - - - - - - - - - - - - - - - - -. - - - - - - - - - - - - - - - - -
- THE FRJEKDS oft!;' LIBRARY -
~.L-~ ~.L-P ~ ~~
[GENERAL: $200,00 for both events ]
PATRON: :;500.00 for both events & program recognition
SPONSOR: $1,000.00 for both events, priority scating & program reco[njrion
W 1?lease reserve I seats both events at $ each,
'0j.Jlease remind me in October to send my check.)
o Enclosed is my check for $ for _ guests,
o I am unable to attend, but enclosed is my check for $-
Name: t=-C Vi!^--,
Address:
City:
Phone,
, '=rl
t ,:"-~c'i:...~i\~, ,-r
'/fK:;: ~lli?'~ , r _~f ;~~:tf\ . i;?'.'
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F'fj;J8 1 oT 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 puhlic
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 deternlined 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: Donna Fiala
FUNCTION/EVENT: 20th Anniversary Celebration 8: Conference of Dawn Litchfield
and Dennis Nelson
~
PUBLIC PURPOSE: To attend and supp0l1 the 20th Anniversary Celebration 8:
Conference of Dawn Litchfield and Dennis Nelson and network with constitutents,
DATE OF FUNCTION/EVENT: Wednesday. Novcmber 7, 2007
FISCAL IMPACT: $SO,OO Funds to be paid {ium Commissioner's travel budget.
RECOMMENDATION: That the Board of County Commissioners, in accordance with
Resolution No, 99-4] 0, approve payment by the Clerk for Conmlissioner DOlma Fiala to
attend function serving a valid public purpose,
PREPARED BY: Kendra Hastings. Exc'2utive Aide to BeC
APPROVED BY: Sue Filson. Executive Manager to BCC
AGENDA DATE: November ]3,2007
--
Page 1 011
COLLIER COUNTY
"',').^C,''-,,:)'
'_;',T' CUL'
i.-"'''''''',
Item Number:
Item Summary:
,~~) pr; " ,l; 10'
f;" ~'tf' .m',," t'.I'" ''''',
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11i7i7n07
20tli JInniversary
Cet:e6ration et conference
c
r
lJ)awn LitclifieU CBrown and' lJ)ennis Ne[son
'RJ;quest tlie pleasure of )'our compan)'
fora
Special "'Thank, 'You" to tlieir dients, associates andfrienas
)hu[ an
'Economic (Di,cussion witli
lJ)ennis Ne[son
Litc~fze[d, ]Vc[son dCa,
CBroo~ parfisr
'Parfisr Capital 'Management
mate:
'lime:
C?face:
'T1'l:diu'saa:.-'VJ ]vo1)Cm(jcr f, 2007
4:00 - 6:00 p.m,
Nap[es <Beacli '}{otel d C;afJ Cfu6, Sunset TCnace iJls>am
851 (lufJ Sliare <Bou[C1'ard-'Kartfi (6eacfi sUfc of tfie street)
Cliampagne and Ca(;s, 11 ''inc and-:7{on d'ae1l1'rCs
Cuisine:
Please fee[ free to 6ring someone you wouU f1fis to introduce to Lc:1:N
<Dress code is "casua[!), e[egant"
'Yes and No ~W's ! IO~ I:A 01-
!J?sJ 6erta Patton
Carr: 239-261-4800 or 800-226-4801 or
'EmmI: 'R()6erto@[itcfifid{[ncfson,com
Sponsored in pmt 6y
Prosperitas Pamify Offices
)Ind
pitfeuty I nstitutiona{ 'V/ea[tfi Services
4/i~
!~e:T: :<'J
J.i:w':?:i'nbsr ~i ':; 2D07
F'a;]B 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
pwpose for a Commissioner to attend function/event and approve payment by the Clerk
CONSIDER-\TlONS: Pursuant to Resolution No, 99-410, the Board of County
Commissioners has detennined that attendance at the functions of fraternal, business,
environmental, educational, charitable, social, professional, trade, homeowners, ethnic,
and civic association/organizations serves a valid public purpose, provided that said
functions, reasonably relate to Collier County matters,
COMMISSIONER: Donna Fiala
FUNCTION/EVENT: League of Women Voters October Luncheon
PUBLIC PURPOSE: To participate in the League of Women Voters October Luncheon
and network with constituents,
DA TE OF FUNCTION/EVENT: Monday, October 15, 2007
FISCAL IMPACT: $20,00 Funds to be paid from Commissioner's travel budget
RECOMMENDATION: That the Board of County Commissioners, in accordance with
Resolution No, 99-410, approve payment by the Clerk for Commissioner Donna Fiala to
attend function serving a valid publie purpose,
PREPARED BY: Kendra Hastings, Executive Aide to BCC
i\PPROVED BY: Sue Filson, Executive Manager to BCC
AGENDA DATE: November]3, 2007
-
Pap-tlo!'1
COLLIER COl!I\TY
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Item Number:
ltemSummary:
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Page 1 of
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HastingsKendra
From: Sandy Parker [sparker101@gmaiLcom]
Sent: Monday, October 29,20071:17 PM
To: Hastin9sKendra
Subject: Re: Question about reimbursement
Kendra -
The League of Women Voters of Collier County received $20 from
Commissioner Fiala for her lunch at our October 15th meeting at the Collier
Athletic Club, We're so glad she was able to join us on that day,
If this is not a sufficient receipt, please let me know what more you'd like to
have,
Regards,
Sandy Parker
1 st Vice President - League of Women Voters of Collier County
m__ Original Message -----
From; liastinosKengra
To: S31qy_Par_k~r
Sent: Monday, October 29,20071118 AM
Subject: Question about reimbursement
Hi Sandy,
On another note,,,,,,,,,
Can you give me the contact persons name for the LWV who can provide me with a receipt
for the L VW luncheon she attended on October 15th at the Collier Athletic Club?? She
would like to be reimbursed for this, but didn't get a receipt - and we need one for that to
happen,
Thanks for your help,
Kendra
10/29/2007
il'8:-r ['!,"), '3f-.--:L;-
:'L)'/SIT::.c;r :::~, 2CJG7
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,
CONSIDERA TIONS: Pursuant to Resolution No. 99-410, the Board of County
Commissioners has determined that attendance at the functions of fratemal, business,
environmentat, educational, charitable, social, professional, trade, homeowners, ethnic,
and civic association/organizations serves a valid public purpose, provided that said
functions reasonably rdate to Collier County matters,
COMMISSIONER: Donna Fiala
FUNCTION/EVENT: The Salvation Army's Red Kettle Campaign Luncheon 2007
PUBLIC PURPOSE: To attcnd The Salvation Army's Red Kettle Campaign Luncheon
2007 and network with constituents,
DATE OF FUNCTION/EVENT: Friday, November 16, 2007
FISCAL IMPACT: S35,OO Funds to be paid lI'om 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 Donna Fiala to
attend function serving a valid public purposc,
PREP/I.RED BY: Kendra Hastings, Executive Aide to BCC
APPROVED BY; Sue Filson, Executive Manager to BCC
AGENDA DATE: November 13, 20U7
~
COLLIER COl!">!TY
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Item Number:
Page 1 of 1
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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 detemlined that attendance at the functions of fratemal, business,
environmental, educational, charitablc, social, professional, trade, homeowners, ethnic,
and civic association/organizations serves a valid public purpose, provided that said
functions reasonably rclate to Collier County matters,
COMMISSIO'\lER: Donna Fiala
FUNCTION/EVENT: EDC Pre-Legislalive Luncheon
~
PUBLIC PURPOSE: To attend the EDC's Pre-Legislative Luncheon and network with
constituents,
DATE OF FUNCTlON/EVE'\lT: Wednesday, l\ovember 28,2007
FISCAL IMPACT: $40,00 Funds to be paid ii'om Commissioner's travel budget
RECOMMENDATION: That the Board of County Commissioners, in accordance with
Resolution No, 99-410, approvc payment by the Clerk for Commissioner DOIma Fiala to
attend function serving a valid public purpose,
PREPARED BY: Kendra Hastings, Executiw ,\ide to Bee
APPROVED BY: Sue Filson, Executive Manager to BCe
AGENDA DATE: November 13,2007
.--.
Item Number:
Item Summary:
",T
1.,""-" (f." ~
Meeting Date:
COLLIER COII'in
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Your invited to the [DC's Pre-Legislative Luncheon, November :28, :20", Page I of 1
HastingsKendra
From: Beth@eNaplesFlorida,com
Sent: Tuesday, October 23, 2007 2:23 PM
To: Beth@eNaplesFlorida,com
Subject: Your invited to the EDC's Pre-Legislative Luncheon, November 28, 2007
Atlachment(s): R~gi.tc~9J',-Fj)n:n-1 ,pdt
You are cordially invited to attend the Economic Development Council of
Collier County (EDC) Annual Pre-Legislative Lunch which will be held on
Wednesday, November 28,2007 at the Club at the Strand, located at 5840
Strand Boulevard, Naples, FI 34110,
This luncheon hosts the Collier County Legislative Delegation and will give
you an opportunity to receive a recap of the 2007 special sessions as well as
a preview of the up:;oming 2008 legislative session, This will also be one of
the first opportunities to meet the newly elected Legislator from District 101,
Networking will begin at 11 :00 am and iun:;h will be served promptly at 11 :30
am, cost is $40,00 for EDC Investors and $50,00 for non investors, You may
register by calling the EDC at 239-263-8989 or by faxing the atta:;hed
registration form to the EDC at 239-263-6021,
Annual Pre-Legislative Lunch
Wednesday, November 28, 2007
11:00 am -1:30 pm
The Club at the Strand, 5840, Strand Blvd, Naples, FI 34110
The EDC would like to thank the following sponsors of the past luncheon who
will be recognized on November 28; Lutgert Companies, EMBARQ, Collier
Enterprises and Grant, Fridkin, Pearson, Athan & Crown, thank YO'J for
your ongoing suppo;i, If you or your organization would like to sponsors this
event or another event please contact 3eth Skotzke at 239-263-2989.
10/25/2007
::"':' [;'; \Ie,. ~ ':;;-1
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i::/
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 attcnd function/event and approve payment by the Clcrk.
CONSIDERA TIONS: Pursuant to Resolution No, 99-410, the Board of County
Commissioners has detcrmined that attcndallcc at the functions of lratemal, business,
environmental, educational, charitable, social. professional. trade, homeowners, ethnic,
and civic association/organizations scrves a valid public purpose. provided that said
functions reasonably rclate to Collier County matters,
COMl\nSSIONER: Donna Fiala
FUNCTION/EVENT: Collier Citizen orthe Ycar 2007 Dinner
~
PUBLIC PURPOSE: To attcnd the Collicr Citizen of the Ycar 2007 Dinncr and
network with consl ituents,
DATE OF FUNCTION/EVENT: Thursday. November IS, 2007
FISCAL IMPACT: $35,00 Funds 10 bc paid from Commissioner's travel budgct
RECOMMENDATION: That the Board of County Commissioners, in accordance with
Resolution No. 99-410. approve payment by the Clerk for Commissioner DOlma Fiala to
attend function serving a valid public purposc,
PREPARED BY: Kendra Hastings, Executivc Aide to BCC
APPROVED BY: Sue Filson, Executiv'c Manager to BCC
AGEJ\DA DATE: November 13.2007
Pat!L' lor I
COLLIER COUNTY
L""", :;r ~ "j:',\
Item Number:
Item Summary:
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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 at1end function/event and approve payment by the Clerk.
CONSIDERA TIONS: Pursuant to Resolution No, 99-410, the Board of County
Commissioners has deternlined that attendance at the functions of fraternal, busincss,
environmental, educational. charitable, social. professional. tJ'ade, homeowners, ethnic,
and civic association/organizations serveS a valid public purpose, provided that said
functions reasonably relate to Collier County matters,
COMMISSIONER: Donna Ftala
FUNCTIO'\'/EVENT: United Arts Council Celebrate the Arts Month Kick off Party
PUBLIC PURPOSE: To support the United Al1s Council Celebrate the AI15 Month
Kick offPaJ1y and network with comtitucnts
DA TE OF FUNCTION/EVENT: Saturday, November 10,2007
FISCAL IMPACT: S50,OO Funds [0 be paid from Commissioner's travel budgct
RECOMMENDA TION: That the Board of County Commissioners, in accordance with
Resolution No, 99-410, approve payment by the Clerk for Commissioner Donna Fiala to
attend function serving a valjd public pU'1)ose,
PREPARED BY: Kendra Hastings, Executive Aide to BCC
APPROVED BY: Sue Filson, Executive Manager to BCC
AGENDA DATE: November 13. 2()07
".....
COLLlEH COt:'>lTY
Item Number:
Item Summary:
( of; <;ii r '~':'i ty ,~"r::"v ';c""" "[;0'
pel
Meeting Date:
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The United Arts C6uncil of Collier County
Invites you to attend a FUN kick-off party for
~y~
.~._elebraf~~~
r~B A'hru ~ts~ )1)n~)U
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Saturday f . ovember 10
6:0 ,- :00 p.m.
The Club a ';aples Bay Resort
1800 Ti -lami Trail East
l-Iun:1rary '~~hcU:rs
Gu('s~ /..UcfJor-l~c:r:
Jack & Mona Antar-amian
M2ror Bin Barnett
?\'lusic lw Bd., Z(l~rul" ,-'.nd th~ Expanjable lel:::;;: Eand
D.:L'h,::-inC -'- C.pe2;,l.~ Pcrtoffil;crs + C.15Ual ?.lrt}' Attire
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Ov-.:>n EdT .;- Ciln'lDC Stahon~ & Ht,J.\'Y H():-~ d'{)('l1\-n~s + r)(~SS(,;tS
5ii!.::nt & live i}uctiU:1S b<.:'ncfitir<~ the ptD!:.'"":',;n1..'> of L~(; United :'.rts Coun.::.il
Event heLel im.:1ud,:,:s fn;~ ad.::ussion to t1w SVv'/\ Y Lounge that evcrung
"Renoir" Level Event Sponsors;
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Please make re~eryations f(j:---L-~t SSO per person
1'" r-, .
);ame: ~.ID(\,~ n tcZ":?L- .
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I cannot allcnd, bur \','ou1d ill~( to mai;c a laA lbluniblc contribution of S
i
Please mai<e checks payable to United Puts Council
or Visa/fv1uslcrca:-d #
3.xp, Date:
Name on card:
Amount: S
Signature;
S:25 per person is tax ded\';ctible, Charge may be faxeu to 263-3830.
:,:-:;~ 1<;0 ",'-,,'
.'L'\'::;lTlL<::['i':: J..:jC;7
': ':'I~ 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/organizatillns serves a valid public purpose, provided that said
functions reasonably relatc to Collier County matters,
COMMISSIONER: Donna Fiala
FUNCTJON/EVE1'\T: 2007 Living Christmas Trees
,~
PUBLIC PURPOSE: To SUppOlt the 2007 Living Christmas Trees and network with
constituents,
DA TE OF FUNCTIO'\/EVENT: Thursday, December 6, 2007
FISCAL IMPACT: $7,50 Funds to be paid fi'om Commissioner's travel budget
RECOMMENDATION: That the Board of County Commissioners, in accordance with
Resolution No, 99-410, approve payment by the Clerk for Commissioner Donna Fiala to
attend function serving a valid public purpose,
PREPARED BY: Kendra Hastings, Executive Aide to Bce
APPROVED BY: Sue Filslll1, Executive \1an3ger tll BCe
AGENDA DATE: November J3, 2007
--
COLLIER COU'\TY
r
Item Number:
Item Summary:
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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
CONSIDER<\. TlONS: Pursuant to Resolution No, 99-410, the Board of County
Commissioners has detemlined that allendancc 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: National Multiple Sclerosis Society (NMSS) Naples Holiday
Party
-
PUBLIC PURPOSE: Interact with local and national business, govemment and non-
profit organization officials,
DATE OF FUNCTION/EVENT: December 11,2007
FISCAL IMPACT: $18,95 - Funds to be paid from Conunissioner's travel budget
RECOMMENDA TlON: 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 Pllll)OSC,
PREPARED BY: Lisa Resnick, Administrative Aide to BCC
APPROVED BY: Sue Filson, Exccutive Manager to BCC
AGENDA DATE: 11,13/07
-
<,.-j
From: Colettalim
Sent: Thursday, November 01,20079:30 AM
To: ResnickLisa
Subject: FW: R,S,V,P, NMSS Naples Holiday Party, Tuesday, December 11,2007
Follow l'p Flag: Follow up
Flag Status: Red
Lisa
'Ne wili both be having the Lamb, Plsc:se put in for a public purpose for
my share of tne c:)st.
Jim
From: Dr, Sparks Lunney [mailto,drsparks,lunney@gmaiLcom]
Sent: Wednesday, October 31, 2007 10,02 AM
To: ResnickUsa
Cc: ColettaJim
Subject: Re: R5,V,P, NMSS Naples Holiday Party, Tuesday, December 11, 2007
CHOICE OF HALF RACK OF LAMB $18.95 or BAKED
STUFFED CHICKEN BREAST $16.95
Either entree served with ciabatta bread or foccacia, a salad of mixed
greens with mandarin oranges and red onions, twice baked potato and
green peas with slivered almonds and a deseli of Raspberry Swirl
Cheesecake
CHILDREN'S PLA. TE (Chicken tenders, Fries, Ice cream) $7,50
On 10/29/07, ResnickLisa
>- wrote:
Dcar L'r.
I ani fo!:ov.rrng UP to 3:, E;ariier s'no2i! re;::arding the l\Jr",iSS f\!aples Ho!iday Party,
Tuesday, Dece:"ber 11. Comrn:ss:oner Coletta will be a7tending 'v'Jith his v,Iife, hllary
,Ane,
Due to the Commissioner's "no gift" policy, there's a few administrative items that I need
to take care of. Would you be so kind as to send me the cost per person, and to whom
paymen: should be made? Please let me know If thers is someone else that I should be
contacting.
Thank you,
Lisa Resnick
From: ResnickLisa On Behalf Of ColettaJlm
Sent: Thursday, October 11, 2007 10,18 AM
To:
Cc: NMSS KAP,EN DRESBACH; Adrienne Franco; ResnlckLis2
Subject: RSV,P, NHSS N20les Holiday Party, Tuesday, December 11, 2007
T:....::mk ;,'GIJ br )'o:..:r im';~~tl=:':--i L~ ~':;in )/:.)'J:=:t t~le r;Jrv.~;s r<3p!es H:.::,!idey ?arty Tuesday,
De-:':E!:n~>3r '11. 2DC7. I .:Dl t~,2t J"'J:J I;:~"'::ud,:,-;d me ;;1 }'C):.Jr :nviiat:OI: 011: \vay:jf
t~\:s letter am j.:.ming you knC\N t~~at I plan to attend \,vjt~ r'lY wife, I\'iary .""Inn b,$ t~'is is a
C :::"Ytr!l!ssi:)'l t'l.::,r~.c -,'",,- i.:";,~,t !~'!2 CO'Ji:: rUfl C),'::-;r
,,~
Li
the cost per person, to
whom the check should be written, and their address,
L,/.,i.c
.,::
:'>1:,
"';.,;, ,",'
...iii,'l S:~,.~t:2. Cr:3:,rn~~n
'.:::"J:"iir;-iis::~jCF-i91 DiSlr:c:t 5
Collier County Government
3301 E. Tamiami T~ail
r~:2;Jies FL :',L'119
Ph:JIi-:?
77~-SC:,.'1 c c",
7-;"t_ Y3C2
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\'QU' c:r':,' !:licat,~.-,C ;~:.. 1'-" :;;~~I~. 1'€:~lhw~t [(. r'iir,ic cicc' ,c.
From: Dr, Sparks Lunney
Sent: Tuesday, September 18, 2007 10,10 AM
To: ColettaJim
Cc: NMSS V..AREN DRESBACH; Adrienne Franco
Subject: SAVE THE DATE
Dear Jim and J\1arv-Ann:
.
The 2007 Nl\1SS Naples Holiday Party will be
held on Tuesday, December 11 th 2007 at the
Glades Country Club, 6-9:30pm. This is your
opportunity to share a festive evening with
many others Naples civic leaders who, like
you, have given of their time, talent and
money to help people with 1\18 in
Naples/Collier. It is our opportunity to say
THANK YOU!
Invitation and menu selection will be sent to
you soon, but meanwhile, please SAVE THE
DATE, Tuesday December 11 t\ 2007. (I
know Tuesdays are tough for you Jim, it was
the only slot ayailable).
- Spaloks
Dr. Sparks Lunney,
Dircclur. S,W, Florida Operations
i\ational1\1ul1iple Sclerosis Society
rOB 9CJ47l\aples, Florida 34101
TEL: ~39-3.52-5364
Fi'\X: 239-352-0734
Dr. Sparks L unncy,
Director. S,W, Florida Operations
\Jational Multiple Sclerosis Society
rr;}7
POB 9647 Naples, Florida 34101
TEL: 239-352-5364
FAX: 239-352-0734
!'<lj.:l' I ,ii' I
COLLIER COI'\T\
Item Number'
lIemSumm<lry:
"'i."(
'c
Meeting Date;
I'rqHln'd HI
"F., r'..c ~
,."
"'1'-
"",,,,,1>);),,'
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1 C':
.~
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.
CONSIDER.\ nONS: Pursuant to Resolution No, 99-410, the Board of County
Commissioners has deternlined that attendance at the functions of fraternal, business,
enviromnental, educational, charitable, social. professionaL trade, homeowners, ethnic,
and civic association/organizations serveS a valid public PUlvose, provided that said
functions reasonably relate to Collier County matters,
COMMISSIO]\"ER: .Jim Coletta
FUNCTIO]\"/EVENT: EDC Annual Pre-Legislative Lunch
PUBLIC PURPOSE: Interact with local and statc government and business officials,
--
DATE OF FUNCTION/EVENT: Novcmber 28. 2007
FISCAL IMPACT: S40,OO - funds to be paid ii-om 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 PUlvose,
PREPARED BY: Lisa Resnick, Administrative Aide to BCC
/\PPROVED BY: Sue Filson, Executive Manager to BCe
AGENDA DATE: 11/13/07
,-
"1-:--: n
I .-, _ " , I,', ~~
""::,
Economic Development Council
of Collier County
Pre - Legislative Luncheon
VVednesday, November 28, 2007
The Club at the Strand,5840 Strand Boulevard, Naples, FI 34110
11 :00 a,m. Registration
11 :30 a.m, - 1 :30 p.m. Lunch and Program
Registration Form
This luncheon hosts the Collier County Legislative Delegation and gives EOC investors and
your guests an oppOliunit), to receive a summary of thc 1007 special session and ,1 prcvic\\-" of
the 1008 upcoming session. Attendees vvill have an
opportunit)--" to interact \vith the panel and address questions on legislation passed. This VI'ill
also be one of the first opportunities to meet the nc\\' Legislator f()r District] 0 1.
S40,OO EDC Members - S50,OO Non-Members
Wednesdav, November, 28
1 1 :00 a,!ll, Registration
1 1 :30 a.!ll, - j :30 p,m, Lunch and Program
A TTE'iDEE INFORMA TJON:
Names, Commissioner .Jim Coletta
Company' Board of Conntv Commissioners. Collier County Government
Phone number: 239-252-8097
PA YMENT INFORMATION- You may now register on-line at www,eNaplesFlorida,eom
Payment needs be recejved in advance by registering and paying on line or by mailing a
check
Check Credit Card ( AM EX, MC or Visa) circle one
Amount: S $40.(lO S40,OO EDC \1embers - SSO,OO Non-Members
Account Number: Exp Date
Signature: Security Code(~ digit C()(k' on had Ui"C,lrdt
Name as it appears 011 credit card: __ _ ___
Credit carel billing address
E-mail: ;imcolettaw.collier!!oulCt Phone: 239-252-8097
If Mailing a Check complete and retUTI1 this form by Wedncsdav. November 21, 2007 to,
Fax: 239-263-6021 - Phone: 239-263-8989
Economic Development Council of Collier County
3050 North Horseshoe Drive, Suite 120
Naples, Florida 34] 04
From: Beth Skatzke [mailto,beth@enaplesflonda,com]
Sent: Monday, October 15, 2007 9:56 AM
To: ResnickUsa
Subject: RE: R,S,V'p, Annual Legislative Lunch November 28, 2007
His cost is 540,00
Thank You,
From: ResnickUsa [mailto:LisaResnick@colllergov,net]
Sent: Monday, October 15, 2007 9:56 AM
To: Beth Skotzke
Subject: RSV,P, Annual Legislative Lunch November 28,2007
Dear Beth,
Commissioner Coletla would like to attend the Annual Legislative Lunch on November 28, 200/',
11 :00 am - 1 :30 pm at the Club at the St;--and, Please reserve a space for him. Please confirm
whether it will cost $40 or $50 (per the registration form).
Thank you,
Lisa Resnick
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
From: ColettaJlm
Sent: Friday, October 12, 2007 10,31 PI~
To: ResnlckLisa
Subject: RE, Would you like to attend this event? "Save the Date Annual Legislative Lunch
November 28i'*
Lisa
I do believe that I have already indicated that I want to attend this iunchean, No problem on
the time element as both meetings In Immokalee and Naples are the same people that wlil be at
the luncheon,
Jim
From: Immokalee Inter-Agency Council [mailto:IIAC@LISTSERV,NAPLES,NETj On Behalf Of
Beth Skotzke
Sent: Friday, October 12, 2007 1:27 PM
To: IIAC@LISTSERV,NAPLES,NET
Subject: Save the Date Annual Legislative Lunch November 28
You are cordially invited to attend the Economic Development Council of Collier
County, Annual Pre-Legislative Luncheon on Wednesday, November 28, from
11 :00 am - 1 :30 pm at the Club at the Strand,
This luncheon hosts the Collier County Legislative Delegation and gives EDC
investors and your guests an opportunity to receive a summary of the 2007
special session and a preview of the upcoming 2008 session, Attendees will
have an opportunity to interact with the panel and address questions on
legislation passed, This will also be one of the first opportunities to rneet the new
Legislator for District 101,
Sponsorship opportu:1ities are also available for this popular luncheon, Please
contact Beth Skotzke at the EDC for more information regarding sponsorship, or
use the attached sponsorship form,
Cost of the lunch is $40.00 for EDC Member Investors, payable prior to the
event If you carried over the cost of the post luncheon that was canceled you
will be automatically registered, if not please use the attached registration form or
register on line at www.eNaplesFlorida.com
(OLLlER COU'TY
II!!mNumber:
ItemSumrnary:
""'
Meeting Date:
l'rcpillTd f:I~
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\ppn'lcdll\
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1 \11!
FOR BOARD ACTION:
r;r
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BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
November 13, 2007
I. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A Districts:
B. Minutes:
--
-
H:Data/Format
I, Herita~e Greens Communitv Development District: Meeting Schedule FY
200R,
2, Oc!1opee Fire Control District Advisorv Board: Minutes of March 12,
2007; Minutes of February 12,2007,
3, P0I1 ofth" Islands Communitv Improvement District: Minutes and
Agenda of August 10,2007; Meeting Schedule for FY 2008; Minutes and
Agenda of September 14,2007,
L
Emerucncv Medical Services Advisorv Council: Minutes of June 27,
2007; Minutes of """ugust 22,2007,
o
Collier County Planninu Commission: Revised Agenda for October I R,
2007; Minutes of Scptember 6, 2007; Minutes of Special Session/LDC of
September 6,2007: Minutes of August 16,2007 LDC Meeting; Minutes
of August 16,2007 regular session,
3,
Golden Gate Community Center Advisorv Committee: Minutes of
October 1, 2007,
4,
Colller Count v Contractors' Licensin~ Board: Agenda for October 16,
2007,
5,
Forest Lakcs Roadwav and Drain3\!e MSTU Advisory Committee:
Agenda fix October 10, 2007; Minutes of September 12,2007,
6,
Bavshore Beautification MSTU Advisory Committee: Agenda for
October 17,2007: Minutes of September 12,2007,
7,
Radio Road Beautification MSTU Advisory Committee: Agenda for
October 16,2007; Minutes of Sept em her 19, 2007,
8,
Lelv Golf Estates Beautification MSTU Advisorv Committee: Agenda for
October] R, 2007; Minutes of September 20, 2007,
" '-'
9, lsles ofCa])ri Fire/Rescue Advisory Board: Minutes and Agenda of
October 4, 2007,
10, Conservation Collier Land Acquisition Advisor\' Committee: Minutes of
September] 0,2007,
II, lmmokalee Beautilication MSTU Advisorv Committee: Agenda fi:Jr
October 24,2007: Minutes of September 26,2007 - cancelled due to lack
of quorum,
J 2, Golden G"te Estates Land Trust Commit1ee: Agenda and Minutes of
Novcmber 20,2006; Agenda and Minutes of January 22, 2007; Agenda
and Minutes of February 1,2007; Agenda and Minutes of March 26, 2007;
Agenda and Minutes of 'v1ay 2], 2007: Agenda and Minutes of July 23,
20()7,
13, Collier Count v Parks and Recreation Aclv'isorv Board: Minutes of
Septcmb'T 19,2007,
] 4. 1 mmokalcc Local Rcdcvelonmcnl Advisor\' Committee: fv1inules of
Scplembi:.T 2n. 2(h17.
a) lmmokalcc r-,,1:1skr Plan and Visiol1il1~ Committee: rvlinuks of
Sl'ptc:nhcr 19,2007,
bi lmmokalee Enterprise Zone Development A~cJKv: Minutes of
September] 9,2007,
15, Pelican Bav Services Division:
a) Clam Bay Committee: Agenda of October] 7,2007; Minutes of
August] 5, 2007,
C Other:
J) Collier Countv Fire Review Task Force: tvlinut.cs of August 7, 2007,
.-"
H:Data/Format
COLLlt:R COUNTY
Item Number;
Item Summary:
Meeting Date:
:,1,
rc<"C' ,yo!!
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"'"'.1
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"f('pared By
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co." [.,'~' '," "'", (, (,; . IlL FL:::'
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--
EXECUTIVE SUMMARY
Request that the Board of County Commissioners Consider the Adoption
of an Ordinance to Regulate Security of Certain Convenience Store
Businesses to Protect the Physical Security of Convenience Business
Retail Employees and Individuals who Patronize such Businesses.
OBJECTIVE: That the Board of County Commissioners ("Board") consider
adoption of an Ordinance to authorize the Sheriffs Office personnel to enforce
specified security measures to try to protect the physical security of convenience
business retail employees and individuals who patronize such businesses,
including security measures and training of retail employees,
CONSIDERATIONS: Florida's "Convenience Business Security Act" requires
specified security measures regarding convenience store businesses and
required training of convenience store retail employees, Although state
employees are authorized to enforce the Act, that staff has too few personnel to
adequately enforce the Act throughout Florida, Local enforcernent is in the public
interest and will facilitate prompt elimination of avoidable threats to the safety of
visitors to, and employees of, convenience stores,
--
The Sheriff of Collier County is proposing adoption of the attached ordinance,
Similar ordinances have been adopted in rnany Florida counties and
municipalities, The Ordinance authorizes Sheriff's Office personnel to locally
enforce the Act's provisions,
FISCAL IMPACT: The recommended Ordinance will have no fiscal impact
GROWTH MANAGEMENT IMPACT: There will be no growth management
impact associated with enactment of this Ordinance,
LEGAL CONSIDERATIONS: This Ordinance has been approved by the County
Attorney's Office and by the Sheriff's legal staff,
RECOMMENDATION: The Sheriff's Office staff recomrnends that the Board of
County Cornmissioners authorize publication of notice of one public hearing and
to agendlze the attached Ordinance for possible adoption to authorize Sheriff's
Office personnel to locally enforce Florida's "Convenience Business Security Act"
for the protection of patrons and retail employees of convenience stores,
PREPARED BY: Michael Hedberg, Esquire, Captain, Legal Services, Collier
County Sheriff's Office
-
Page 101' I
COLLIER COU"iTY
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ORDINANCE NO, 2007 .
AN ORDINANCE OF COLLIER COUNTY, FLORIDA, CALLED THE COLLIER
COUNTY CONVENIENCE BUSINESS SECURITY ORDINANCE, PROVIDING
DEFINITIONS; SPECIFYING CONVENIENCE BUSINESS SECURITY
REQUIREMENTS; REQUIREMENTS TO TRAIN RETAIL EMPLOYEES;
ENFORCEMENT AND CIVIL FINES; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS
AND ORDINANCES; PROVIDING AN EFFECTIVE DATE,
WHEREAS, Section 812,172S, Florida Statutes, authorizes Florida counties to
adopt an ordinance regarding convenience business security provided the
ordinance does not differ from Section 812.173, Florida Statutes, ("Convenience
Business Security Measures") and Section 812,174, Flonda Statutes, ("Training
of Retail Employees"); and
WHEREAS, the Collier County Sheriffs Office is recommending that this
Ordinance be adopted to authorize local enfOicement of Florida's "Convenience
Business Security Act' (Sections 812,1701 through 812,175, Florida Stalules);
and
VVH~R=AS. :1i!S Ordinance complies with t="lorida's "Convenience Business
Security Act:" 3:lC
VVHER=AS, the Collier Co~nty Board of County Commissione:-s agrees with the
C81iier County Sheriffs Office recommencation that it will be in the bes: interests
of retail employees of convenience businesses in Collier County that Florida's
C::mvenience Business Security Act be enforced thro~ghout Collier Co...:nty
pursuant to this Or-dinance.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that a new Article VI in
Chapter 26 of the Code of Laws and Ordinances of Collier County is hereby
created to read as follows:
SECTION ONE, TITLE
This Ordinance is and may be cited as the "Collier County Convenience
Business Security Ordinance.'
SECTION TWO, DEFINITIONS,
"Convenience business" means any ~)Iace of business tr,at is primarily engaged
in the retail sale of groceries, or both groceries and gasoline, and that is open for
busine3s at any time between the hours of 11 :00 p.m. and 5:00 a.m. The term
"Convenience Business" does not include:
(a) A business that is solely or primarily a restaurant
(b) A business that always ~;as at least frve (5) employees on the premises after
11,00 p,m, and before S,OO a,m,
(c) A business that has at least 10,000 square feet of retail fioor space,
(d) A business in which the owners or members of the owner's family work in
the respective business premises between the hours of 11 :00 p.m. and 5:00 a.m.
"CCSO" means the Collier County Sheriffs Office.
"CBr' means any individual employed by the CCSO who has been certified as a
"Convenience Business Inspector."
"Retail Employee" means an employee of a convenience business who in the
course of such employment can be exposed to assault, bodily injury or death
from any individual in a convenience business premises at any time.
SECTION THREE: Convenience Business Security Requirements.
(1) Every convenience business shall be equipped with the following security
devices and standards:
(a) A security camera system capable of recording and retrieving an image to
assist in offender identification and apprehension.
(b) A drop safe or cash management device for restricted access to cash
receipts.
IC) A lighted parking lot illuminated at an intensity of at least two (2) foot-
candles per square foot at eighteen (18) inches above the surface.
(d) A conspicuous notice at the entrance that states the cash register contains
flfly dollars ($50) or less.
(e) Window signage that allows a clear, unobstructed view from outside the
building, including a clear line of sight of the cash register and the sales
transaction area.
(f) Height markers at the entrance of the convenience business that display
height measurements of individuals who enter the interior through the entrance.
(g) A cash management policy to limit the cash on hand at all times after 11 :00
p.m.
(2) A convenience business shall not have window tinting that reduces exterior or
interior view in a normal line of sight.
(3) Every convenience business shall be equipped with a silent alarm to law
enforcement or a private security agency, unless application for an exemption is
made to and granted by Florida's Attorney General. An application for exemption
must be in writing and must be accompanied by an administrative fee of twenty-
five dollars ($25) for each store for which the exemption IVould apply.
(4) If a rnurder, robbery, sexual battery, aggravated assault, aggravated battery,
kidnapping or false imprisonment. as those crimes are the identified and then
defined by Florida Statutes, occurs or has occurred at a convenience business
after July 1,1989, and arises out of the operation of the convenience business,
such convenience business shall implement at least one (1) of the following extra
security measures:
(a) Provide at least two (2) employees on the premises at all times after 11 :00
p.m. and until 5:00 a.rn.;
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(b) Install for use by employees at all times after 11:00 p.m. and until 5:00 a.m.,
a secured safety enclosure of transparent polycarbonate or other material that
meets at least one (1) of the following minimum standards:
(i) American Society for Testing and Materials Standard 03935 (classification
PC110 B 3 0800700), has a thickness of at least 0.375 inches, and has an
impact strength of at least two hundred (200) foot pounds; or
(Ii) Underwriters Laboratory Standard UL 752 for medium power small arms
(level one) Bullet Resisting Equipment:
(c) Provide a security guard on the premises at all times after 11 :00 p.m. and
until 5:00 a.m.;
(d) Lock the business premises throughout the hours from 11 :00 p.m. until 5:00
a.m., and transact business only through an indirect pass-through trough,
trapdoor, or window: or
(e) Ciose the business at all times after 11:00 p.m and until 5:00 a.m.
(5) For purposes of this Section, any convenience business that by law has then
implemented any of the extra secul"ity :TI82SUi"8S set forth in paragraphs (4)(a)-
(e). above, and has rr,aintainec su:::h extra measures VJithout any o:::currence or
incidence of any of the crimes identified by SJbsectlon (4). above, for a period of
at least twenty-four (24) months immediately preceding the f.llng of a notice of
exemption, may file with a CBI employed by the CCSO. a notice of exemption
from the exti"2 security measures. In no event shall this exemption be interpreted
to preclude full compliance with tne security measures set forth in Subsection (4),
above. should any oc:;urrence or incidence of any' crimes identified by
Subsection (4), above, cause that Subsection to again :.)ecome applicable.
(6) For the mutual convenience of the business and each investigating officer,
each convenience business is encouraged to maintain and have readily ava!lable
in the transaction area a red three ring binder ("Red Book") to include the
following items:
(a) Inspection LDg. maintained for the immediate past two (2) years'
inspections, including the instJection results:
(b) A copy of the business then current local Business Tax Receipt (formerly
called an Occupational !...icense);
(c) An annual test photograph taken by the security camera system and that
shows an Identifiable ima;Je (to assist in offender identification and
apprehension ):
~d) A lV1aintenance Log of the security camera system that verifies the
maintenance performed not less than once every four (4) consecutive montllS.
Upon re~uest, the CCSO will prOVide the requestor an example Camera Test and
Maintenance Log;
(e) The convenience business' written cash management policy that limits cash
on hand at all times from 11 :00 p.m. until 5:00 a.m. Upon request, the CCSO will
provide the requestor a copy of the CCSOs example Cash Management Poi icy;
3
(f) Documented proof that confirms the training (specified below) has been
provided to and learned by each retaii employee within sIXty (60) days of the
initial employment of each such retail employee, including date(s) of such training
for each such employee; and
(g) A copy of the then current Florida's Convenience Business Security Act
(currently Sections 812.1701 through 812.176, Florida Statutes).
SECTION FOUR: Required Training for all Convenience Business' Retail
Employees.
The owner or principal operator of each convenience business, applied to each
premises of the retail convenience business, shall provide to each retail
employee a proper robbery deterrence and safety training by Florida Attorney
General approved curricuium within sixty (60) days of the date of such
employee's initial employment. Upon request, the CCSO will provide a copy of
an example document titled "Robbery Prevention and Awareness Training
Handbook" that spedfies a training program that has many times been
"approved" by the Attorney General. The convenience business' original training
curriculum shalJ be submitted in writing to the Attorney General and shall be re-
submitted biennially to the Attorney General for re-approval. The application fee
shall be as then specified in Section 812,174, Florida Statutes. or its successor.
SECTION FIV!": Enforcement. Civil fines.
(1) Any certified Convenience Business Inspector ("CSI") employed by the
Collier County Sheriffs Office (CCSO) IS authorized by this Ordinance to
investigate any alleged violation of this Ordinance. Violation of any provision of
this Ordinance by any owner or principal operator of a convenience business
shall result in a notice of violation from such CSI. The noticed violator shall have
thirty (30) days after receipt of such notice to provide proof to the CBI that the
violator has complied with all requirements stated in such notice. If the violation
continues after that thirty (30) day period, the CBI may refer the case to Collier
County Code Enforcement for enforcement. The Director of Code Enforcement,
or the assigned Code Enforcement Special Master, if applicable, may suspend
imposition of any fine in his/her discretion up until an order imposing a fine has
been issued. After an order imposing a fine has been issued, fine reductions
shall be controlled by Chapter 162, Florida Statules, and applicable Collier
County Ordinances. No such notice, fine, or fine reduction, shall be subject to
any provision of Chapter 120, Florida Statutes.
(2) The CCSO or Collier County's Code Enforcement Department personnel shall
have full power and authority to petition a court of law for an injunction if it is
determined by the CBI, the Director of Code Enforcement, or by the Code
Enforcement Special Master, if applicable, that the health, safety, or public
welfare is threatened by continued operation of a convenience business in
4
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violation of this Ordinance. In any action for such an injunction, the petitioner
may seek a civil penalty not to exceed five thousand dollars ($ 5,000) per
violation. plus attorney's fees and costs,
SECTION SIX CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier
County or other applicable law, the more restrictive shall apply. if any phrase or
portion of this Ordinance is held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the
remaining portions.
SECTION SEVEN. 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. The sections of the Ordinance may be renumbered or
relettered to a::complish that result, and the word' Ordinance" may be changed to
"Section." "Article" or any other atJPropriate word.
S",CTION EIGHT. ",rFO:CTIV=: OAT=:.
This Ordinance shall be effective upon fiiing with the Florida Department
of State.
PASSED AND DULY ADOPTED by the Board of County CJmmissioners
of Collier County, Florida, thiS _ day of .2007.
ATTO:ST:
Dwight E. Brock, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
James Coletta, Chairman
Deputy Clerk
Approved as to form and legal suffiCiency
By:
Thomas C. Palmer
Assistant County Attorney
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EXECUTIVE SUMMARY
To obtain Board approval for disbursements for the period of September 29, 2007
through October 05, 2007 and for submission into the official records of tbe Board.
OBJECTIVE: To present to the Board of County Commissioners the disbursements for
the period of September 29, 2007 through October 05, 2007 for approval as well as to
obtain approval for the submission of the disbursement listing into the official records.
CONSIDERATIONS: in accordance with Florida Statutes, Chapter 136.06(1), the
Clerk's office requests that these listings be approved and made part of the official
records of the Board of County Commissioners.
GROWTH MANAGEMENT IMPACT: None.
FISCAL IMPACT: Disbursements as totaled on the altached report
.~
RECOMMENDATION: That the Board of County Commissioners approves the
disbursements listing for the period of September 29, 2007 through October 05, 2007 and
submit these documents inlo the official records.
Prepared By:
L fl rr?J~
Lisa N. Melvin
Assi t General Operations Manager
Date:
i 0/1 d-jD?
Reviewed By: ~___
Constance C. Murray, CGFO U
General Operations Manager
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EXECUTIVE SUMMARY
To obtain Board approval for disbursements for the period of October 06, 2007
through October 12,2007 and for submission into the official records of the Board.
OBJECTIVE: To present to the Board of County Commissioners the disbursements for
the period of October 06, 2007 through October 12,2007 for approval as well as to obtain
approval for the submission of the disbursement listing into the official records.
CONSIDERATIONS: In accordance with Florida Statutes, Chapter 136.06(1), the
Clerk's office requests that these listings be approved and made part of the official
records of the Board of County Commissioners.
GROWTH MANAGEMENT IMJ'ACT: None.
FISCAL IMPACT: Disbursemenls as totaled on the attached report
--
RECOMMENDATIO",: That the Board of County Commissioners approves the
disbursements listing for the peJlod of October 06, 2007 through Octobcr 12, 2007 and
submit these documents into the oflicial records.
Prepared By:
~il~
Lisa N. Melvin
Ass' t General Operations Manager
Date:
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Date--1Q J ,..." JO",!-
--
Pag~ 1 of I
COLLIER COU,TY
Item Number:
Item Summary:
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EXECUTIVE SUNIMARY
To obtain Board approval for disbursements for the period of October 13, 2007
through October 19, 2007 and for submission into the official records of the Board.
OBJECTIVE: To present to the Board of County Commissioners the disbursemenls for
the period of October 13,2007 through October 19, 2007 for approval as well as to obtain
approval for the submission of the dishursement listing into the official records.
CONSIDERA TlONS: In accordance with Florida Statutes, Chapter 136.06(1), the
Clerk's office requests that these listings be approved and made pan of the official
records of the Board of County Commissioners.
GROWTH MA"IAGEl\'IENT IMPACT: None.
FISCAL HIIPACT: Disbursements as totaled on the attached report
RECOMMENDA TIOI'\: That the Board of County Commissioners approves the
disbursements listing for the period of October 13, 20(J7 through October 19, 2007 and
sublnit thest' docun1cnts into the official records.
Prepared By: .k_u ~,jJj,^~
Lisa N. Melvin
As. nt General Operations Manager
Reviewed By ~ ; . .~1
Constance C. MWTaY. CGFO
General Operations Mamcgcr
Date:
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EXECUTIVE SUMMARY
To obtain Board appronl for disbursements for the period of October 20, 2007
through October 26, 2007 and for submission into the official records of the Board.
OBJECTIVE: To present to tbe Board of County Commissioncrs tbe disbursements for
the period of October 20, 2007 througb October 26,2007 for approval as well as to obtain
approval for the submission of tbe disbursement listing into the official records.
CONSIDERATIONS: ln accordance witb Florida Statutes, Chapter 136.06(1), tbe
Clerk's office requests tbat these listings be approved and made part of the official
records of the Board of County Commissioners,
GROWTH MANAGEMENT IMPACT: None
FISCAL IMPACT: Disbursements as totaled on the attached report
/.-.
RECOMMENDA TION: That the Board of County Commissioners approves the
disbursements listing for the peliod of October 20, 2007 througb October 26, 2007 and
submit these documents into the ot1icial recocds.
Date:
11/0, /o;z
I I
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Pil~l' I or 1
COLLIER COU'ITV
Item Number;
Item Summary:
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NO\!errlber 1 ~~:. 2007
1 or i8
EXECUTIVE SUl\lMARY
To obtain Board approval for disbursements for the period of October 27, 2007
throngh November 2, 2007 and for submission into the official records of the Board.
OBJECTIVE: To present to the Board of County Commissioners the disbursements for
the period of October 27, 2007 through November 2, 2007 for approval as well as to
obtain approval for the submission of the dishursement listing into the official records.
CONSIDERATIONS: ]n accordance with Florida Statutes, Chapter 136.06(1), the
Clerk's office requests that these listings be approved and made part of the official
records of the Board of County Commissioners.
GROWTH MANAGEMENT IMPACT: None.
FISCAL IMPACT: Disbursements as totaled on the attached report
-
RECOMMENDATION: That ti,e Board of County Conunissioners approves the
disbursements listing for the period of October 27, 2007 througb November 2, 2007 and
submit these documents into the official records.
Prepared By: ~ a rrzL
Lisa N. Melvin
A/iant ~eneral OperatIOns Manager
RevleWedBY:~ .
Constance C. Murray. CC:;FO'
General Operations Manager
Date:
11/05/07
Date:
It/os-Jot
-
Item Number:
Item Summary:
Meeting Date:
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EXECUTIVE SUMMARY
Request that the Board of County Commissioners accepts and approves
capital asset disposition records for time period October 1, 2006 through
September 30,2007.
OBJECTIVE: For the Board of County Commissioners (Board) to accept into
the Minutes the capital asset disposition records of items no longer deemed
to serve a useful function or to have commercial value in compliance with the
requirements set forth under Florida law regarding the disposition of County
assets.
CONSIDERATIONS: CMA# 5809 establishes a property and supply
management system authorized by the County Manager. Each operating
department is responsible for the proper and prudent acquisition,
safeguarding, utilization, maintenance and transfer of fixed assets (tangible
personal property of a non-consumable nature that has a normal useful life
of one year or more and an acquisition value of $1,000 or more). The Clerk
of the Circuit Court's Finance and Accounting Department is responsible for
inventorying and tracking these assets. The Board's Purchasing Department
is responsible for managing the transfer and disposition of these assets.
Resolution 2006-268 authorizes the County's Director of Purchasing to
determine whether fixed assets, which are no longer useful to the agency,
have commercial value. If not, the Director is authorized to dispose of those
items in an appropriate manner with or without offering the items for saie,
trade or donation to other entities. Additionally, the Clerk of Court's Finance
and Accounting Department is authorized to submit quarteriy reports to the
Board that identify the assets disposed under this provision.
Enclosed is a quarterly capital asset disposition report that includes July 2007
through September 2007 dispositions as well as other fiscal year 2007
dispositions that have not been previously reported.
FISCAL IMPACT: There is no fiscal impact associated with this action.
However, these transactions will be recorded as accounting gains or losses in
the appropriate sections of the Comprehensive Annual Financial Report.
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this action.
RECOMMENDATION: The Board of County Commissioners accepts and
approves into the Minutes the disposed assets listed in the enclosed report.
-
PREPARED BY: Karen Oberrath, Capital Assets Accountant, Clerk of Court's
Finance and Accounting Department
Item Number:
Item Summary:
Meeting Dale:
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COLLIER COLi,T\"
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Collier County Board of County Commissioners Disposition Report of Capital Assets
Fiscal Year 2007: July 1, 2007 through September 30, 2007 and Others
. Disposition from official capital asset record
N
COUNTY RECORD
ASSET # ITEM DESCRIPTION SUBMITTING DEPARTMENT DISPOSITION TYPE DISPOSITION COMMENT DATE
OCTOBER 2006 - JUNE 2007 CAPITAL ASSET DISPOSITIONS
200iC296 LAB EQUIP I-1EATED WATER BATH WASTEWATER SOLD tNTERNET AUCTION '0:31'2006
2 000 ~ '58 LAB EQUIP BATf' REFRIGERATOR WASTEWATER SOLD INTERNET AUCTION 1 0,'3 ~ /200 6
2:::'116,718 CONCRETE L1GW DOl ~ '::~I:=;AN HAY SERVICES TOTAL LOSS Cl.AiM # 336923 10'31:2006
BB62 M/,RCO ISl.AND TRANSFER STATION MARCO ISLAND TRAN$FE:R LAND SWAP 04/25,'06 BCC 16 C , 1/31.'2007
970725 DOUBLE GATE FENCE MAR:::;O ISLAND TRANSFER LAND SWAP 04'25106 Bec 1f c , ,,'31/2007
2001:::3Ci4 F'AN ROOF 1,IAF,CO ISLANe --:-RANSFER LAND SWAP 04/25/06 BCC ',0 C , '131,20:::'7
::::T26562 MARCO BEACH UNIT TRACT 0 MARCO ISI.AND TRANSFER SOLD INTEROEPARTMENT 3"3,12087
20060969 CLUB GOLF CART NCRP WATER PARK TOTAL LOSS CLAIM #56-04190700337 4/30/2007
JULY 2007 CAPITAL ASSET DISPOSITIONS
S'307~2 SCHONSTADT MAS 51 DETECTOR 5T,1,I<= & :"OCATE STOL.EN CLAii\,1f; 53-0 7C3~JIC 1 092 7i31/20G7
20030685 FORD E.250 VAN FACILITIES MGT TOT A:" LOSS CLAIM#~1-0622G70-026 7,'31/2007
;2051281 AUTOMATED ENVELOPE SEA:..E:R PURCHASING AUMIN '7'PADEU-IN CONTRACT #07.41C3 7/31/2007
2003:::798 DELI. GX260 iTRANSPORTATION ENG SCRAPPE.D'DESTROYED 7'31,'2007
2004;'i03 DELI GX;'70 ISTORMvV/<T::R OPERATION I SCRAPPED,DESTROYED 7.'31,'20C7
2~0..(16~7 I!JELL GxnQ ICOLlr-'FY "'7-0Rh~Y I SCI,AP::>ED'DESTROYED 7,:J1.'2'::J7
20222464 IO"LL GX24C IPliRC'IASII~G AlJMIN IS C RA ;'PF: D'D ES TRO YE D 7131/200"
I ~.' 0 ;\.1-:::'606 IDELLGXn:::, ICO.JNT" ATTORNEY I SGRAPi"EDiDlOSTROYL: D 7'31/2007
20114': '[5 IDELL GX2f.(i I~ !BF:f,Rv A~)~!N ISCRAPPELDESTR:)YCD 7.'31/:"'087
I;,,:c 7:;,", I[)~ I.~ GX~'4:J 1"lmCHASINC ADMIN ISCRAPPEDDESTROVED 1 I 7/3','2007
I?:",I, ';j':J1 IDE!..!.. G.\n~ IC,:IU~Ty f,~iORI":::Y ISCRJ.,"Pi-l.'TJESTRCJYEl.' 7'::1.'20iF
~' ,.I: "729 IDFL eX11-: IIvlAIN I ENANCc. SERVI~':.~. ISC<,APPE::;. ~,::STROYE:D 7'31,2007
;'0'J4Df23 lue:L: GX:'7C' CC)UN-'-Y t.,~~':JRf\'L1' ISCRAPoEDDEST,<lYLD I ~.:; 1 :'2 ~,::: 7
22oo3,G31> 18CL~ Lh -:-1Tl,'~)E IADDRL:Sc; , f~EC:Cl'ms IS,::; hA ,opc D:D Ee:, T RO iT ,J I I 7,~1'2!J~-'
12W",22,' II~w LAF'lClP ICLIc:N, S1'~<!'-M S,)PD,:.lR--:- IS;:;F,APPEDDE:'.TFWY!::D 7'31,20D7
1:'0:::2' C'7~ IDEL~ GX240 " ~L:TW:J~:r, I SC;,APPL:D'DESTRC-'Y: 21 7'31'.~',:'C7
12:'::2;-:,'[ I::::::L~ GX141' I\',,:/,TER -;-P,::AI (,' PLA.i\' I S ~RAD~cD DESTR:lYET ,3 ~ ;'2= J 7
12:C2~-";jW le:::!..L G);?4~ 1:~:JI.,1IJ DE'. !,~;h I.~ " I SC:RAYPEC-'j:.>ESTRJY[D -"31:2!J,j'
L?j=2:J79S 0ELLG/24J 1'/,,'WTr:~ IMI\'~'1f;AL' ,. I SCiZAF'P[ ':' DE:::TROY- D 7'3 ~ .2 CJe
120J~ ~ G7~ IDc:LL G>:2.:iC' I!T 1,'cTV,:O::':K S ::::RAI""'ElJ ':)[STR.01'EC, I 7,3",,2::;C;'-
n02'~75~ DEL: GX2~0 1;::Ur:CH/\SIN:; t,:::JMIN SCF:I\cJ?ED'OESTRCiY[[' 7?1.'2CQ7
20C-1~74 D!:'LLC;Y1,: 1'i\:'Alf;~ ~OLLIJ~I:m SCRAPPED [)~ :--;'7'RovEU 7']1/20C,7
202,1402 DELL GX11Q 1>1 1~"1 'N :JRV I SCRAPPEu'L'E STROY"D 7'31/2007
2:J;)1'f59 IDEL!. (OX ~ 1 0 c'RO;'EI'<lV & CASUA~ Ty SCRAPP"D, DESTR~YED 7Y,,2DG7
2a('439~2 DELL GX1",0 ITN:=n\'ORK SCR4PPF:.D.'DESTROYED 7,'31..2DJ7
20V 1~~'~ DL::LLGX11C CODE ENFDRCEcMENT SCRAf->PEO'DESTROYEO 7'31/2007
20C12008 DELL GX110 UNIVEF:SITY EXTENSION SCRAPPEDlDESl RDY"'D 7,'31/2007
20:"'-,:- DELLGX110 >1 ~ET\NORK ISCRAPPED,O[STROYED 731/2007
12~~~:: ... .' DELL GX240 IT ELEPH(JNF. SCRAPPED/DESTROYED 731/20D7
ID"-~L (;X250 I::::ODE ENFORCEMEr"T SCRAPPEDD[STROYfD 7,'3')007
1~:;0' 1516 :)Ec.~ GXl1C I"N'\/"~"_>I~Y [XENSION SCRAPPED/DE:ST ROYED ;'31'2007
12,l~;;:772 GATf.VVAv E~200 Ip"ANNING SERVICES ADMIN ISCRAPPED'DESl F,OYi:.O 7.'31,'2007
12r:-nU15tC HD F'RINT::::R ISLDS R&"' ADJ',IIN 'SCI~AP~TD'DES Tr,.]YED 7'2,i,'2[i:::7
12802U,,:59 iDELL ;;X2~C' IDR(1l>;=r-iTr APPR4.1SER ISCRA"'P[O'D"S: r~OY[D 7Y,20~7
2COJO::SC I::JEL!.. ~ 1;: IPRl'PEF,T\ AD,'RAISFR jSCRM'PE:JD::STROY=D 7312007
I;, 0 S ~ e, C I: 'i IHP P"IN~'ER Ipq:JPERT' AI-'PI~AISt:R ISCRAPP:;D,IESTR:JYE :) ~'31,'200,;
,?JG::'~847 Ic-:::LL GX24C' IC'RC':"L:R" ",r'l~i~A!:;EK I '::':RAI'D'::C- DE3TRovED 7,':;','2C'07
28020828 IDa~ GX2'4C, I~ROP=R~Y Ap,'RA1SER [SCRA"P": D.'D~STROYED I 7 '3 ~ ,'2 C C"
20020246 WtNDOW It,,~A::'-;E: MACH!NE jPROPEPT\' A"PR';iSE" ISCRAF'PF::JDc:ST,-\OY:;-U 7,J,:2J-]7
:OC:OUji' :;'''I.i -::;>;;4(, PR.OPEF'Tv NJ'-'R/IIS::R ISCI~APPI ODE:STROY::L' 7J1'~OO7
120C2J865 DELL GX:..l' "'ROD'CRTy,'PPRAISEF, ISCRAPDED'U':STROYFD 7 3 ~2 00 7
2'8020867 D[L~ GX?~O FRDPCRTY APPRAiSFR !SCF:AoPF: ~)"Df STRovED 7'3',20-0,
2CO:08~6 DEI,~ GX2~: PF.(jPEFTY A~oRAISER ISC;,APPELl'DE:S,:WrED 7 '31 2J.~7
20G2DSf" DeLL GX2~'~ PROi"i::IH" A:'PRAI S:::R I ~<;:-,Ai"PL:[\D[STf-;::"YC:0 I -',']1/2C1,::7
20C2J85~ D"Ll :J>-:='4U PR:)PE::;:TY APPRAISER ISCRAP~;:::[)DESTROYEI) 7:31,'2007
2C'C20875 ]D"LL GX)4D PRcc",RTY AF'DKAISER S::::RA'-"P[DDE:STROYC:D ,'3i,20'J7
2C02CJS30 IDEU GX'?40 PROCtERTY ApoF:.AIS!::R Scr.::,oppr:n,O"STR:))'cD " .'20G7
20C2::1865 [)~LL GX24C IPROPCRTY N'PRAI~';EF: SCRAPPEU~E':;TROYED 73~.'2-JC7
200~J,.43 DEl.L GX='~,~' I'ROPC:RTY /,,PPRAISER SC;RAPP" 0 'Of-.STRovED 7,31'2007
20020e6C D";L_1. c.;X.?!,.[. "'[,OP",,,,y AP"'RA;SE:f< S':RA"'PED'[)ES~ R()Y~D 7}';/2007
~ClJ2084;: DELL GX24C ;~ROPFRTY AP;:'RlIiSC:;, I SCRAPr>ED/UEST ROY"D "3i,;WC)7
20~'20&52 DELL GX2.:iO PROfo"RTY APPRAIS[R ISCI,APP[O'OESTROYED 7:31'200~
'leI','
...:. ',J; ~)
DISPOSITION
COUNTY RECORD
ASSET 1# ITEM DESCRIPTION SUBMITTING DEPARTMENT DISPOSITION TYPE DISPOSITION COMMENT DATE
JULY 2007 CAPITAL ASSET DISPOSITIONS Continued
990981 DELL 1300 PROPERTY APPRAISER SCRAPPEDIDESTROYED 7/31/2007
20020863 DELL GX240 PROPERTY APPRAISER SCRAPPED/DESTROYED 7/31/2007
20020852 DELL GX240 PROPERTY APPRAISER SCRAPPED/DESTROYED 7/31/2007
20020853 DELL GX240 PROPERTY APPRAISER SCRAPPED/DESTROYED 7/31/2007
20020862 DELL GX240 PROPERTY APPRAISER SCRAPPEDIDEsTROYED 7131/2007
20020831 DELL GX240 PROPERTY APPRAISER SCRAPPEDiDEsTROYED 7/31/2007
20030738 DELL GX240 FACILITIES MGT SCRAPPEDiDESTRDYED 7/31/2007
20011642 DEll GX110 FACILITIES MGT SCRAPPED/DESTROYED 7,'31/2007
910652 STANDARD CHECK DISBURSER TAX COLLECTOR SCRAPPED/DESTROYED 7:'31/2007
921082 XEROX TYPEWRITER TAX COLLECTOR SCRAPPED/DESTROYED 7/31/2007
20010603 VtEWSONIC MONITOR TAX COLLECTOR SCRAPPEDiDESTROYED 7/31/2007
973068 AT&T MONiTOR TAX COLLECTOR SCRAPPEDIDESTROYED 7/31/2007
20000874 VIEWSONIC MONITOR TAX COLLECTOR SCRAPPED/DESTROYED 7.'3112007
990974 BAYSTACK SWITCH 1 AX COLLECTOR SCRAPPED/DESTROYED 7/31/2007
961392 HP PRINTER TAX COLLECTOR SCRAPPED/DESTROYED 7/31/2007
AUGUST 2007 CAPITAL ASSET DISPOSITIONS
20060672 TECTRIX CLIMB MAX STEPPER G GATE AQUATIC SCRAPPED/DESTROYED 8,'31/2007
9514 TOWER RON CARLE CLAMP OCHOPEE FIRE: DISTRICT SCRAPPED/DESTROYED 8/31/2007
9914 SUCTION HOSE OCHOPEE FIRE DISTRICT SCRAPPED/DESTROYED 8/31/2007
9913 SUCTION HOSE OCHOPEE FIRE DISTRICT SCRAPPED/DESTRDYED 8,'31/2007
6550 PORTABLE RESCUE Kll OCHOPEE FIRE DISTRICT SCRAPPED/DES1ROYED 8,'31 /20~7
82688 PUMP 21,2" STRAINER OCHOPEE FIRE DISTRICT SCRAPPEDIDESTROY"'D 8/31/2D:}7
910302 PBA GEAR OCHOPEE FIRE DISTRICT SCRAPPED/DESTROYED 8131/2007
910303 IPSA GEAR OCHOPEE FIRE DISTRICT SCRAPPED/DESTROYED 8/31/2007
S'10547 PBA G" AR OCHOPEE FIRE DISTRICT ISCRAPPED/DESTRClYED 8/31'2007
S ~ Ob48 PBA GEAR OCHOPEE ;:IRE: DISTRICT SCRAPPEDlDESTROYED 8:31.'2~G7
960591 SCOTT EZ FLOV'/ AIRPACK OCHOPEE f'IRE DI<:;TRlc;T iSCRAPPED/DESTROYED 831/2007
%J592 seOI1 EZ FLOW AIRPACV OCHOPEE FIRE DISTRICT SCRAPPED/DESTROYEO 8i31/2007
960593 SCOTT EZ FLOW AIRPACV Oc;HOPEE FiRE DISTRICT SCRAPPED/DESTROYED i1'31,'20CI7
5141 MOTORClLA H"nf: RADIO !O:::HOPE:E FIRE D~STRICT SCRAPPED/DESTROYED 8'3','2007
5926 MOTOROLA MTfiOO RADIO OCHOPEE FIRE DISTRiCT SCRApoED,'DESTROyr::- 0 8:'31/2087
5931 MOTOROlA MT500 RADIO OCHOP2:E FIRE OISIRICT SCRAP;:>EDiDESTROYEO 8/31/20.J7
85263 MOTOROLA MT500 RADIO OCHOPEE FIRE DISTRtCT SCRAPPEDiDESTROYED e/31/Z007
85265 MOTOROLA MTS;),: RADIO OCHOPEE FIRE DISTRI:::;T SCRAPPED/DE:STROYED 8,'31/2007
86468 IMOTORO:"A MT500 RADiO OCHOPEE FIRE DISTRICT SCRAPPED/DESTRovED 8/3'/2007
8670 MOTOROLA M~500 RADIO OCHOPEf FIRE DiSTRICT SCRAPPED/DESTROYED 8/3 ~ /2 Dv 7
89G259 HT600 RADIO OCHOPEE FtRE DISTRICT SCRAPPEDIDESTROYED 8,'31/2007
890260 HT600 RADIO OCHOPEE FIRE DISTRICT SCRAPPED/DESTROYED 8/31/2007
890261 HT60C RADIO OCHOPEE FIRE DISTRICT SCRAPPED/DESTROYED 8/31/2007
891099 MT1000 RADIO OCHOPEE FIRE DISTRICT SCRAPPED/DESTROYED 8/31/2007
891100 MT1000 RADIO OCHOPEE FIRE DISTRICT SCRAPPEDiDESTROYED 8/31/2007
89,101 MT1000 RADIO OCHOPEE FIRE DISTRICT SCRAPPED/DESTROYED 8/31/2007
8?1102 MT100C RADIO OCHOPEE FIRE DISTRICT SCRAPPED,'DESTROYED 8/31/2007
891103 MT1000 RADIO OCHOPEE FIRE DISTRICT SCRAPPED./DESTROYED 8/31/2007
910-"22 MT~OOO RADIO OCHOPEE FIRE DISTRICT I SCRAPPED/DESTROYED 8/31/2007
810423 I MT 1 000 RADIO OCHDPE::E FIRE D!SlRICT SCRAPPED/DESTROYED 8,'31,'2007
9' 042~ MT1000 RADIO OCHOPE:E FIRE DISTRICT SCI~Af->PED/DE:STROYED 8/31/2007
92v730 MT1000 RADIO OCHOPEE FIRE' DISTRICT SCRAoPED/DESTROYED 8,3'/20v'7
920731 MT10CO RADIO OCHOPFE FIRE DISTRtCl SCRAPPEDiDESTRDYED 8'31'2007
95110~, IHP PRINTER UTIl.ITIES FIN ADMIN SCRAPPED/DESTROYED 8,'31,,?007
20040602 IDElL GX270 COUNTY ATTORNEY SCRAPPED/DESTROYED il./31,'2007
390241 IDEllGX110 SLOG R&P ADMIN SCRAPP::'.DlDESTROYED 8':;1,'2007
20011630 IDEll GX110 MANAGEMENT Ii BUDGET SCRAPPED,'DES" ROyt:D 8/31/2007
20012035 IDELl GX110 TRANSPORTATION ENG SCRAPPED.'m,STROYED 8:'31/2007
20012037 IDEll GX"O HI.ANSPORTATION ENG SCRAPF'EDfDESTROYED 8/31/2087
20012G34 IOElL GX11Q Tf<ANSPDRTATION fNG SCRAPPEDIDESTROYED 8/31/2G87
20020708 IDELl GX2--1D HR ADMIN SCRAPPED/DESTROYED 8'31/2007
2(:021063 DELL OPTIPlEX IT NETWORK SCRAf-'PEDiDESTROYED 8..'31..'2007
20021:)25 DELL GX240 TRANSPORTATION SCF:APPEDiDES1ROYED 8'31/2007
20022585 DELLC510 WATER POLLUTION SCRAPPED/DESTROYED 8'31/2007
20022632 DELL C610 MUSEUM EVERGLADES SCRAPPED/DESTROYED 3,'31/2007
2004f:-600 DELL GX270 IT ADMINISTRATION SCRAPPED/DEST ROYED 8,'31.,'2007
20G'117,~9 DELL GX110 IT ADMINiSTRATION SCRAPPEDiDESl ROYE.D 8'3 ~ /200 7
20(142[:'54 DELL 0600 COL,LECTlON SCRAPPEDiDESTROYED 8,'31/2007
2
DISPOSITION
COUNTY RECORD
ASSET 1# ITEM DESCRIPTION SUBMITTING DEPARTMENT DISPOSITION TYPE DISPOSITION COMMENT DATE
AUGUST 2007 CAPITAL ASSET DISPOSITIONS Continued
20050644 HP COMPUTER UTILITIES ADMiN SCRAPPED/DESTROYED 813112007
20020372 DELLC610 EMS SCRAPPED/DESTROYED 8/31/2007
990913 XEROX PRINTER EMS SCRAPPEOiDESTROYED 8/31/2007
87006 MOTOROLA PAGER HELICOPTER SCRAPPEDIDESTROYED 8/31/2007
20000115 NEW HOLLAND LIGHT TRACTOR W/MOWER AQUA TIC PLANT CONTROL CLAIM #56.08240701212 8/31/2007
SEPTEMBER 2007 CAPITAL ASSET DISPOSITIONS
2006'663 GOLDEN GATE ESTATES TRACT 108 LOT 2 ROAD IMPACT FEE CONS SOLD 07124107 Bec 16 B.10 9/30/2007
CT265iJ4 GOLDEN GATE ESTATt:-:S TRACT 108 BLOG ROAD IMPACT FEE CONS SOLD 07i2~i'07 BCC 16 B.lO 9/30/2007
CT26563 IMPROVt:-:MENT GG ESTATES TRACT 108 BLDG GAS TAX ROAD CONST SOLD G7124.,'07 Bce 16 B.10 9:30/2007
980267 GATEWAY E3000 OCHOPEE FIRE DISTRICT DONATED Te AH&l CO .-OR LOW INCOME FAMILY 9/30/2007
20011767 DELL GX11C ENGINEERING PROJECT REV DONATED TO AH&L CO FOR LOW iNCOME FAMILY 9/30/2007
20Q11fi4'2 DELL GX110 IT TELEPHONE DONATED TO AH&L CO FOR LOW INCOME FAMILY 9130/2007
200'8293 DELL GX110 UTILITIES BILLING DONATED TO AH&L CO FOR LOW INCOME: FAMIL Y 9/30/20S7
20030865 DELL GX260 CURRENT PLANr,!NG FY[J4 DONATED TO AH&L CO f-OR LOW INCOME FAMIL Y 9/30/2007
20030692 DELL GX2130 CURRENT PLANNING FY04 DONATED 10 AH&L CO FOR lOW INCOME FAMIL Y 9/30/2007
2 00206 ~ C DELL GX240 UTlltTIES BilLING DONATED TO AH&L CO FOR' OW INCOME FAMIL Y 9/30/2007
930330 KEYSTONE VISIO~ SCREfONER HEALTH DEPARTM~NT SCRApO:>ED/Of'-STROYED 9'30/2007
:'0060183 CRAFT SKI NAUTIQUE: BOAT SUGDEN PARK TRADED-IN 9/30/2007
2006218,4 2002 RAM UN BOAT TRAILER ~;UGD'::N PARK TRADE~).IN 9:'30/20S7
('.489 HONDA GENERATOR OC.HOPEE FIRE D!STRI:::T SC RAPF' ~_ D~) EST RO YE:Z) 9/30/2c;07
1>4436 '50e. GALLON TANV, O::HOP"E FIRE DISTF!lCl SCRAPPED'DO::Sl i,OY"D 9'3012007
9:'05:J3 SCOTT EZ FLOV-'" AIRP/\,'=:K OCHOP"E t=iRE DISTRI':l SCRApP":J :JEST:I:)YE[) 9/30'20:;7
93C'532 I~;:::OTT O::Z FLOVi Alf,PACK C1CHOPE':. FIRE: DIST"I:::T SCRAP"':=D uLSTRC'YED 9'30/20[.7
s:; ~)S8:, IKC)NI:::A COPI;::R C':::HOf)EE Flr~E [lISTRIC~ S8RAPF'E lJ 'D~STRovE [, 9.'30'20:)1
1965331 IDR!SM POPTAS:"E !-tP-10--; IMM~.1KA!..EE HOlJSING C;jDC:: fNSCRAPPEDD"S:I-:Oy'Cr: 9:30:2S~7
1::J!)10E86 VIE'NSONIC MONITOP r INAI,CE&ACCOLINTING S,::RApPE;)'~"Slr<::"-(:::l; 9'3:),'20(17
120D10687 ,VIEI/:SONIC MON:TOF-' I FINAN::E&ACC:OUN~lij;' SCRAP"ED.DCSTP':!\TC! 9'30:20,:j7
20U'('Hf IVIEI^.'sor"c MON:T(JR FINAr,CE&ACCO'JN~iNS S:::RAO--'[[J DESTRovED 9'30'2007
202 S'702 IVI~'^'EC:NI-:: MONITOf, FINAt--:C::&ACC:OUNTI NG S::;P.APP:'"::I D=STRovED 9'30/2[.[7
20 ,In"", I"OU\"'~S RAN:::',"R 4Y4 BEACH&VU,Te:P PARV SCRA!-'''', ;)Dt::~-'~R:)YEC; ! 9,'3J:2X;7
93 ,2:C !PANASONIC SVHS V::R DF:C;K P,JBLIC 1N!<ll,MATION SCRA!-'f'!-;J' --STR;W"D I ':;':10'2007
120 '01" , HJ fO>-1'JNE C0Ni'ECO\ENCltJ(:; SYS PljB~'C. INFO!',MA.iIDN ISCRAP'''-D i)"ST~,~1,TC! I 930'21)(,7
95 r~,,' JV:' GALLO" Ft~'EL TANK Ml..R:::;O IS, MJC. ::-:Xt:-:C !,IRPORT DISPOS~r-' CCJrHRACT t-J6.J96~ 2,'30/20C7
05'225 I/O~'c~ GALLON FUEL TAt,K /1.1 ".PC.O ISI.AND EXEC AIRPOW DISPC~: . CONmACT "'~)6.::;964 9'30:':')87
!:i5i'22f 100T:; GALLOrJ FLJEL TANf<, IvL4W;(1 IS LANe EXEC r,IRPORT DISPCSE::! CONTRACT "'06.3964 9'30.2'')J7
!:i:',1027 ,c,r:JO GALLON FUEL TAi~K M,\RCO ISLAND ;:XEC f,IRP;)RT DISPOSED CONTRAC; "'0(;-3';64 9,'3J.,'22:,/
961434 UNLEADED GAS P'JMP MARCO IS:"AND EXEC A.lf,PDRT DISPOSED C,:)NTRACT #0(;-3964 9.'30/2007
96'CJ61 LANE CRUiSER RECLINER ~..v,RCO ISi..AND EXEC AI.RPORT Sr:RA.P~~ED'DESTROYED 9'30'2007
961S'62 lANE CRUISER qECLlNER MARCO ISLArW EXEC ,\IRPORT SCRAPPEDiDESTROYLD 9,'30,'2007
3
:t~r,': 1'-'::; c:;J8
! ~-:.'veiT,b-::';r /i:) 20G 7
~i of 5
~
EXECUTJ:VB SUMMARY
RECOMMEND THAT THE COLLIER COUNTY COMMISSION ENDeRS!: THE UNITED STAT!:S
DEPARTMENT OF JUSTICE/DEPARTMENT OF TREASURY FEDERAL EQUITABLE SHARING
ANNUAL C!:RTIFICATION REPORT.
OBJBCTIVE: To have the Collier County Commission endorse the United
States Department of Justice/Department of Treasury Federal Equitable
Sharing Annual Certification Report form.
CONSIDERATION: The Collier County Sheriff's Office participates in
joint investigations with the United States Department of Justice and
United States Department of Treasury to enforce federal criminal laws.
Local law enforcement agencies that directly or indirectly participate in
an investigation or prosecution that result in a federal forfeiture by
these agencies may request an equitable share of the net proceeds of the
forfeiture. The Departments of Justice and Treasury require that a
Federal Annual Certification Report be submitted within 60 days after the
end of each fiscal year. The. fiscal year 2007 Federal Annual
Certification Report needs to be signed by the Chairman of the Board of
County Commissioners.
-
FISCAL IMPACT: Requested equitable share revenues are accounted for
according to Equitable Sharing of Federally Forfeited Property for State
and Local Law Enforcement Agencies guidelines. The fiscal year in which
the revenues are received depends on when a case is closed. Total
revenues to be received cannot be determined until cases are closed.
GROWTH IMPACT: None.
RECOMMENDATION: That the Collier County Commission endorses the 2007
Federal Annual Certification Report.
PREPARED BY:
UL~~U C~ ,--I
~i oligh y, Fi1an,ce Dir~or
~ \~
APPROVED BY:
DATE:
October
--
COLLIER COU~TY
";'.1','11>" "';'U""
Item Number;
Item Summary:
,rr,!1,snu'I'"CO",fc'
'W,!I' 'f';;:;r'"'' c'i
0' ", "L,~:,;;:
""U:I i"r -j',:1 (, 'j-,,, ,/;'''~ ( -"w
"'":lj~1
Meeting Date:
R"l1~" \' f;'mJd
-'"em", '!;;HW(""
D,dl!
ApprUVl'd By
b'",ru 0; ~,-,umy
\:;J",r:''';~r''f1~rs
("(;"n:"",,,,,,,,,,,,,' :)I';"!-'
'()iJ(j'~":jr.;-:-":C7(.W
Page) of I
Federal Annual Certification Report
Thisreponmustb.."ubmllledwllhin60deysetterthe close 01 your fisclIl y..rto the
Assai Forfeiture IInd Money l.al,lnriering Section
U,$,DepilrtmenlofJustioll
10lh Hnd Constill,l!ic:lI1AvllnulI, NW
8ondBuilding, 10" Floor
Washington. DC 20530
Frul;; (202)616.1344
E-matladdress: Btmls.eca@usdOi,Qov
E;ro;ecutive OffiClt lor Anel Forleitl.lre
U,S, Department of lhe T'eesury
1341 G Street, NW
Suite 900
Wlllhlnglon, DC 20220
Fax: (202)622-9610
E.meiladdrllU: rreas.acal1t!teoef_lreas,qov
Law Enforcement Agency:g_~I.IJ.~L.9_~u1']!Y..~he~f:f'~~_9~~~__....... . ".,___.._..._
o Police Dcpartm~~__~) Sheri}f's Offic,@~a.:!!TIent.__.,_QI~~Forcef.ltach lilll of~llI)
Contact Person: 1 ~QY~E3:_Ij,Q~ran _ , ..__ "____....'u~_~_______ E.mall Address:
Q..~S~~lJ_tl:>~-'~ 9fIl~e. 0 Other :...
. grant!i@coliiersheriff-net
-'"
....-:
-'.'-..-.---.,
Telephone Numbel": (239-;) _7~~~9346
----,--
Fax Number: (:239 J . 793-9405
Mailing Address: (Street) 33-o-1-Ta;TITamTfraiiEaSt,'sldg'--j:1-^' (City)!-~~~~~-__'=~-.~](State)~FI'Olida-~- (Zip Code) ..34112
Agency Fiscal Year Ends on: (MoniliDay/Year):
9/30107 NCIC/ORlfTracklng No,: F~q11 Q9.
Summary of Equitable Sh!ri.~ll!-ctlvity
(Fiscal Year Ending 2007 ')
1.
2.
Justice Funds
(DEA, FBI, ete)l
$^-3BT1i4-S:@
$ ^.H,&50..9.l
$ 000
$ 0.00
$ :_'::2~;ZnJ2
$':_'lR1IZ.13
S; ( --15~753Afr)
$ 428..423:64'
$ 0,00
0,
4.
5.
6.
Beginning Equitable Sharing Fund Balance (must match Ending Equitable Sharing Fund Balance from prior FY) , ,
Federal Sharing Funds Received from the Department of Justice and the Department of the Treasury
Federal Sharing Funds Received from Other Law Enforcement Agencies and Task Forces (complete attachment)
Other Income , . . . . . . . . . . , . , . , . , , , . , , , .
Interest Income Accrued (::J check if non-interest-bearinf account) ,.,'"....""
Total Equitable Sharing Funds {total of lines 1 - 5)
Federal Sharing Funds Spent (total ofl:nes a - n) ,
Ending Equitable Sharing Fund Balance (subtract line 7 from line 6)
Appraised Value ofOthe: Assets Received
S.
9.
. .,., ,. 'Summary 'of. S'hared'rj~'onies 'Spen't'
Total spent on salaries for new, tempora.)'. not to exceed J -year employees . . , , . , , . , , . , , ,
Total spent on ovenime , . . , , , .. , . . . ,
Total spent on iniormant and "buy money"
Total spent on travel and training
Tatal spellt on communications and computers
To'tal spent on firearms and weapons
Total spent on body armor and protective gear. .
Total spent on electronic surveillance equipment. . .. , , . , , . . .. . , , , . . , . .. . . , . , , , , . . , . ..
Total spent on building and improvements
Total spent on drug education and awareness programs , . , . , , . . , . .
Total spent on other law enforcement expenses (complete attachment) . , . .., ,. . , . . , . . ' . .. . ' . . . , , ..
Total transfers to other state and local law enforcement agencies (complete attachment)
Total permissible use transfers (complete attachment) . .
Amount of line (m) used for drug abuse treatment
and prevention programs $ :----::---"---o"1m'
Total spent on matching grants (complete attachment) . .
Your agen::y's budget for current fiscal year
Your jurisdiction's budget for current fiscal year
Your agen~y's budgcL for prior fiscal year
Your jurisdiction's budget for prior fiscal year. . , . . . , . , . . , . . , . .
a.
b.
$ 0.60
$ _ '^ _ __._:.0.00
$ ....0-.00
$-0.60
$ 0.00
$".'1)."00
$ 0:60
$ -~~.':' 0~0'"
$ :0.00.
$^._____.~O.OO,
$ '.ISls3Aii
$ '~__~.:~"_MOJ
$ ^^_^_OOOi
c.
d.
c.
f.
g.
h.
i.
j.
Ie
I.
m.
n.
o.
p.
q.
r.
.......... C':.-::~:OOO
. . . . . . . . . . . . . . . . . . . . $.~:^"-U,z:eZ2:60.6:00-
.. ... .. ... $ ',:1.286.789]60:00
1- ~ ---- j34;~4~400:00c
. . . . . . . . . . $:' ~::n80.55n~0.OO,
Treasury Funds
(IRS,ICE,etc)l
1-'S75~~1rj9
I ':.:::'4Z.Z .80-
S ::-^".:_~.OO'
$ :"::^:::J..OO
$ - 32.327:62
$ --654]10081
$ (35:ii~j 9n
$ .. p1sJlp .62
S ,. '--:Jnro
$__.__~~:::P:6^0
$ .:'3.06
$ - _"].00
$ ^::::::n:OO.
$ -::Ji:M
s .^ -0:00
~~~=3:~~
s. "^.:.:JLoo
s :::'_==:D:UO:
$ ::..:.:o;:9ID,9j
S --::::;:r.OO:
$ 33i6
Under the penalty of perjury, the undersigned hereby certify that th~ information in this repon is an accurate Dccouming of funds received and spent by the Jaw
enforcement agency under ~he federal equitable sharing proF8m during this reporting period,
Name (print or Typc) Don Hunter ^' ____:Datc 10/22/07
(~ ~~ n~~:~n: Agenc~ Head
Signaturc' ,,\ \\.1
Name (print 0: Type):J^a._l!Ie~_ _Co.I.~t!-03.
Goveming Body Head
Signature:
Title: :_QO~li_~O~;~~~~~j__ Title: :g!1..~I)f'!!1~~,__gg!E~~,go.~~~_.g9,~.r:!:'!~_~~~~
Date 11/13/07
This form is ~ut.j~C! 10 the Freedorr. ofl~fo.rmalion A"l and rnsy be released under 5 1; ,S,C ! 55:!. s~~ www.usdoi.ac.....c..m....l..cfmts.hlml cr ","-'w_Ire~',_I'""i"ffi"e~ler.fn:"er:'''n~,'leo~f fc: additional fO;':la.
, lnclude und~r Jus,ice fund, Shared ~a~h, pU>I;~~d~, and pro.p~ny received from the Dru, EnforoemonlAdminillralioll (DEA), huen! Buruu oflovesti,alion (FBIl, U.S, Atlo.rncy', OffIce, D_S, Pos<allnspeclioll Servicc,
foo.d and Droll' AdminiSlnlion, ond V.S, Dcportment of Apic'JHute.
'lndude under Tr.,os\lry fu~d. .ho,ed casb, prpued., ond property receiv~ fmm the Bureou of Alcoh<>l, Tnba~co. Fireonn. and E>::plo$ive~ ("-,F)., Interno1 R~yc~uc Service (IRS), ~,S.
!mmignlion ond CU$lOlP& EnfC>tcemenl (ICE), lJ_S, C.ulo.ml and Border Protcclion, U.S, SecretStTVice, ond U,S, CDlut Guard
"Tbe Dur""u of Akobo.l, To.bleeo.. Fi'''''rnl< Ind ExplMive. i. a componant of the Departmell1 0.[ JUltice, butATF', equllable .barini i. currently pro~e..ed by the Deputmem of
the Treasury ),J~tll f~T!b,~,UI~'C.t,'pIO:!'!C ~1'.Q~J;I,~U:'<.!lll'l,I.\W<:,n..~d.~A.,n<lllroC~~d~ lrom ATF In V"IIT a,eo~y I TTOUlIry fund j._
~'PPro'Tb~X~pJ~~' D~;B.BR'" ....
~tCormtJ Attomey It:
Apfll201 5
';, ";; :! ~';
Federal Annual Certification Report Attachment
3. Federal Sharing Funds Received from Other Law Enforcement Agencies and Task Forces
Name of Law Enforcement Agency
Arrency Address
Amount Received
Justice Funds Treasury Funds
.
r-'----- ---. .-.-." ....--,.----- ;----'.-----.'-.-'..----'_,
$~ . .0,00 $ . 0.00'
sL_ -='~-MQ1 s=------- O.QQ;
'.
· $I--=---:--"O.O()J C~-~=-:-~= 9.00:
!N/A .. .~
i
.
.--'--- . - I
!N/A ,
Ii
I". - .- -- .. - I!
iN/A -,,- -,---- ,
If additional space is needed, please attach additional page, Attachment 0 Yes 0 No
k. Total Spent on Other Law Enforcement Expenses
Amount Spent
Item Purchased Justice Funds Treasury Funds
Camcorder $' 2.S90.QO'lSt: "..--,-...- ..- - 0.00;
olio Recorder ,--. un. .. -- -- ---- $ 549:9911$. 6.00:
."'-.
LCO TV $' ._" ^s85.o6'1 $ 0.00.
Jfadditional space is needed, please attach additional page. Attachment 0 Yes 0 No
I. Total Transfers to Other State and Local Law Enforcement Agencies
I Name of Law Enforcement Agency
Agency Address
Amount Transferred
Justice Funds Treasury Funds
I iN/A ------"-, -- -
.
--- .
!N/A
- -
.. . ^ ..... ^ ^^. ^-
fN/A
---- -^ --
:f6J!o.' L--=~'^-_O.QQ
. $-===-~=_Q,QO $~=::- -.- 0.00
$;::---..---(rcl[ $[:::--==--.0_.00'
Ifadditional space is needed, please attach additional page, Attachment 0 Yes [2] No
m. Total Permissible Use Transfers
Amount Spent
Name of Recipient Agency Justice Funds
NlA-^ ",,'- --",.... -,,,..---- ...--.--._,---,,,----",,,,- -- $ O.OOi
1''''' $' ._,,-,,> ....-..--0,06,
ItJI~ S ------."..- .. O~Oo,
- ,~.'.._-->.~".- ...----- ...... ~,,-
If additional space is needed, please attach additional page, Attachment 0 Yes 0 No
n. Total Spent on Matching Grants
I Amount Spent
Name of Grant Justice Funds Treasury Funds
N/A '1$' O,OOi $ .. .0.00:
N/A ~t a.oW $ ,,,......,,.,.',,, ... 6Ji.oj
NTh: - 11$' _--D~QQj $ OJ.OOJ
.
If additional space is needed, please attach additional page, Attachment 0 Yes 0 No
April 2005
FEDERAL ANNUAL CERTIFICATION REPORT ATTACHMENT
Collier County Sheriff's Office - Naples, Florida
2007
K. Total Spent on Other Law Enforcement Expenses (continued)
Item Purchased
Amoum ::,pem
Justice Funds -~Treasury Funds
2.592.00
1,087.50
765.00
1,206.00
Binoculars
10 Microphone/Mini-Lapel, 3 wire
10 Tint Meters
GPS Cellular Tracking Devices
GPS Cellular Tracking Devices
Video Spectral Comparator
Fraudulent Document Recognition Guides
Homeland Security Trainhg Guides
Fixed Focus Magnifier & Stream light
4,824.00
25.019.00
1,700.00
5,678.00
4,446.19
itern ['';0, /1 E;J9
;3.2007
:='<:198 ~I of 9
~.
EXECUTIVE SUMMARY
Reeommendation to approve an Interlocal Agreement for Eleetion Services between
the City of Everglades City, Collier County Board of County Commissioners and
the Collier County Supervisor of Elections to provide services and voting equipment
to be used by the City of Everglades City for its election to be held on November 27,
2007, and for authorization for the Chairman of the Board of County
Commissioners to sign.
OBJECTIVE: To obtain the Board's approval of an InterlocaI Agreement for Election
Services between the City of Everglades City, Collier County Board of County
Commissioners and the Collier County Supervisor of Elections to provide services and
voting equipment to be used by the City of Everglades City for election to be held on
November 27, 2007, and for authorization for the Chainnan of the Board of County
Commissioners to sign. As noted, the agreement is among the Collier County Board of
Comissioners as owners of the voting and ballot tabulation equipment, the Collier County
Supervisor of Elections as custodian of the County's voting and ballot tabulation
equipment and the City of Everglades City.
-
CONSIDERA nONS: Past practice in Collier County has been that the Board of
County Commissioners, being the owners of the voting equipment, have granted
authorizaton to pennitting municipalities within the county to use county owned voting
equipment. In accordance with practice, the attached interlocal agreement identifies the
equipment and services that will be provided for the City of Everglades City election to
be held November 27,2007.
FISCAL IMP ACT: The Collier County Supervisor of Elections wilJ render a bill to the
City of Everglades City for approximately $1,600.00 to be paid to the Collier County
Board of County Commissioners.
GROWTH MANAGEMENT INPACT: None
RECOMMENDATION: That the Collier County Board of County Commissioners
approves the Interlocal Agreement and authorizes it's Chairman to execute the
agreement.
Prepared by: Jennifer J. Edwards, Supervisor of Elections
,.-
I'agc I or I
COLLIER COLNTY
--~~,:F ' :,L['
Item Number:
Item Summary:
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Meeting Date:
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F"'--
INTERLOCAL AGREEMENT FOR ELECTION SERVICES
By and Among the City of Everglades City, Collier County and the Collier County
Supervisor of Elections
This Agreement for Election Services (Agreement) is for the November 27, 2007 City Council
Election, and is by and among the City of Everglades City ("City"), Collier County, by and
through the Collier County Board of County Commissioners ("County") as owners of the County's
voting and ballot tabulation equipment, and the Collier County Supervisor of Elections
("Supervisor"), as custodian of the County's voting and ballot tabulation equipment.
WITNESSETH
In consideration of the premises and covenants set out below, and for $ 10 and other valuable
. consideration in hand received by the County and the City, it is hereby acknowledged and agreed
by the parties hercto as follows:
I. This Agreement is entered into pursuant to the proVISions of the Florida Interlocal
Cooperation Act of 1969, set forth in 9163.01, et seq., F1a. Sial., and is further authorized pursuant
to the parties' resp"...ctive home rule powers granted by the Florida Constitution.
2. Tne City represents that under the terms of the Ciry Charter, the City is responsible for the
conduct of all i:s municipal elcctions cxcept when the City chooses to call a special election to be
held by mail ballot. Nothing in this Agreement shall be construed to imply that the County or the
Supervisor interpreted the provisions of the City's charter or interfered in any way "~th the City's
exercise of its home rule powers pursuant to the conduct of the City election.
3. To facilitate the City's conduct of its November 27, 2007 election, the Supervisor shall do
those items enumerated in Exhibit "A" identified as s.19.1, Security Procedures for Stand Alone
Municipal Elections of Collier County.
4. The City shall provide to the Supervisor and the Florida Attorney General a copy of the City's
letter of submission and response to and from the U.S. Department of Justice relative to any
changes, which the City makes relative to polling site locations. or any applicable charter
amendment referendum questions. Such copy shall be provided no latcr than 5 :00 p.m. on the
fourth day preceding the election.
5. Subject to the terms of this A6'Teement. the County agrees to lease the following items to the
City for use at the polls in its election:
. 3 iVotronics with booths. including I ADA unit
. ] Compac
. ] Laptop computer
. Precinct Signs with Flags
. ] Precinct file caddy and supplies
. 3 Vote Herc Alphabet Card sets
Revised November 2007
;::';-; J'3 ,~
6. The City shall arrange for the voting equipment preparation to occur between the hours of
8:30 a.m. and 4:30 p.m. on Thursday and/or Friday preceding the election date. Nothing in this
Agreement shall be construed to require the County or the Supervisor to arrange for the installation
and delivery and pickup of voting machines or equipment to the City or to the poll sites for use on
Election Day, or to provide the setup of equipment for use by the City.
7. The City shall arrange to accept delivery of voting equipment supplies from the Elections
Warehouse between the hours of 8:30 a.m. and 4:30 p.m. on the Monday preceding the election
date. The Supervisor shall provide all oaths, forms, and training materials to the City's Poll
Workers, Clerks, Oath Persons, FED'S and Ballot Activators.
8. No later than the day following the election, the City shall check and clean out the equipment
to ensure that no City election supplies remain in the file caddy.
9. The Supervisor shall remove all elections information from the iV otronic voting booths and
return to the City for retention.
10. No later than 5:00 p.m. of the Friday immediately following the election, the City shall
remove its supplies -- both used and unused -- and transfer them to the City's own storage facility.
II. The City shall use the County's certified tabulating systems, and pay directly to the Supervisor
all costs for programming, on-site election support, and any repairs required as a result of the
City's use.
12. Nothing in this Agreement shall require the County or the Supervisor to arrange for the
acquisition or construction of additional equipment for use by the City at its poll sites should such
equipment not already be in the County's inventory for that specific poll site facility.
13. Neither the County nor the Supervisor shall be held accountable for equipment needs not
contained within this Agreement. There shall be no last minute adjustments to this Agreement for
equipment or consumable supplies.
14. Subject to the terms of this Agreement, the County agrees to lease to the City the ballot
tabulation equipment components enumerated herein:
. Unity Election System including
. Data Manager
. Ballot Image Manager
. Hardware Programming Manager
. Data Acquisition Manager
. Reporting Manager
15. The County agrees to lease the foregoing ballot tabulation equipment to the City subject to the
following additional conditions:
. The City shall utilize the services of the staff of the Supervisor to program the system for
ballot tabulation of the city election.
Revised November 2007
. Thc City shall not removc thc ballot tabulation cquipment from thc CoJlier County
Governmcnt Center whcre it is in the Supervisor's custody or take any action, which would
jeopardize the security of the system or interrupt the custody chain.
. The City shall be present to conduct the Logic & Accuracy Test at 9:00 a.m. on Tuesday,
one week prior to the election at the office of the Supervisor.
. The City shall arrange for the Supervisor staff to load the election-specific ballot tabulation
softwarc onto thc County's equipment between the hours of 8 a.m. and 9 a.m. no later than
Tuesday, one week prior the election.
. The City shall arrange for storage of its copy of the Logic & Accuracy Test at a site other
than the CoJlier County Government Centcr.
. The City's failure to comply with any of these provisions, as determined by the Supervisor,
shall constitute adequate grounds for termination of this Agreemcnt for convcnience by the
Supervisor, on behalf of the Supervisor and the County, upon five (5) calendar days notice
from the Supervisor to the City. However, any such termination for convenience by the
Supervisor shall not relieve the City from fully complying with any of its outstanding
obligations under this Agreement.
16. The Supervisor's office shall be and is solc!y responsible for the content and format of any
affidavits and training materials used in the course of its election.
17. The Supervisor shall be responsible for any training of City's election workers, and the
development of its training materials. The City Clerk or her representative will attend all training
sessions. The City shall be liable for all actions taken by the City's poll workers during the course
of its election dzy. The City shall enforce ~ 1 02.03] (4), Fla. Stat., which provides as follows:
H(4)(a) No person, political committee, committee of continuous existence, or other group or
organization may solicit voters inside the polling place or within 100 feet of the entrance to any
polling place, or polling room where the polling place is also a polling room, or early voting site.
Before the opening of the polling place or early voting site, the clerk or supervisor shall designate
the no-solicitation zone and mark the boundaries.
(b) For the purpose (!( this subsection, the term "solicit" shall include, but not be limited to.
seeking or attempting to seek any vote, fact, opinion, or contribution; distributing or attempring fa
distribute any political or campaign material, leaflet, or handout; conducting a poll; seel;ing or
attempting to seek a signature on any petition; and selling or artempting fa sell any item.
(c) Each supervisor of elections shall in!()rm the clerk of the area within which soliciting is
unlawful, based on the particular characteristics of that polling place. The supen'isor or the clerk
may take any reasonable action necessary to ensure order at the polling places, including. but not
limited to, having disruptive and unruly persons removed by law enforcement officers from the
polling room or place or from the I OCL(oot zone surrounding the po:Ung place. "
The City shall train all deputies on the solicitation within 100 fe?t of the palling site ruie.
18. The City shall be responsible for all activity relating I" any absentee ballots it chooses to
provide voters for its election, including processing requec addressing absentee envelopes; and
verification of voter signatures, the Supervisor will verin': ,latures that are faxed to the office.
Revised November 2007
-' ~,-';"- S:.i
19. The Supervisor shall prepare and advertise bilingually the voter registration book closing in
accordance with general law and obtain an Affidavit of Publication for same. Said advertisement
shaU subsequently be billed to the City, which shall be responsible for payment. With the sole
exception of the voter registration book closing advertisement, the City shall run proper bilingual
advertisements for required election notices in a newspaper of general circulation within the
County.
20. The City shall provide the necessary training and personnel on Election Day to verifY absentee
voter signatures, open absentee ballots, and prepare the voted ballots for actual tabulation. Such
work shall be conducted under the rules established by the City Canvassing Board.
21. The City shall be responsible for retention and destruction of all election materials III
conformity with applicable State and Federal laws.
22. With the exception of activities relating directly to the Supervisor's determinations regarding
voter registration and eligibility, and to the extent permitted by law, the City shall pay for the
Supervisor's selection of defense counsel and indemnifY and hold harmless the County, the
Supervisor, their officers, agents, and employees, from and against any and all actions, in law or in
equity, from liability or claims for damages, injuries, losses, and expenses including attorney's
fees, to any person or property which may result now or in the future from City's activities
associated with this City election, arising out of or resulting from any and all acts of omission or
commission relating to the City's election or the City's responsibility under this Agreement.
Further, to the extent permitted by law, the City shall pay for the Supervisor's selection of defense
counsel and indemniry and hold harmless the County, the Supervisor, their officers, agents and
employees, from and against any and aU actions, in law or in equity, from liability or claims for
damages, injuries, losses, and expenses, to any person or persons authorized by the City, its
employees, or agents to participate in the City election when not otherwise authorized or eligible,
or from events relating expressly to City election activity.
23. AU costs, including attorney's fees and court costs, shall be paid by the City for:
a. Litigation involving payment due to the County or Supervisor and for collection for any
judgment recorded against the City, and
b. Litigation involving the City's election whether brought by an elector, the U.S.
Department of Justice, or others.
24. To [ease voting units, and other supplies list"'..d within this contract, the fee shall be $100 per
voting unit ($100 x 3 units = $300). The fee shall cover replacement parts and shipping necessary
to repair any damages to the County's voting unit or equipment leased to the City. In the event the
cost of such replacement parts exceeds the amount of the fee, the City shall reimburse the County
for the difference. The fee of $300.00 shall be paid to the Supervisor no less than 10 days prior to
Election Day. The City agrees to pay for training, tabulation materials, ballot setup and precinct
registers in the amount of $1,800.00, additional charges may apply for Spanish translation at a rate
of $ .25 to $ .50 per word with a minimum charge of $25.00. The Supervisor will bill this amount
after the election.
Revised November 2007
25. Within 10 calendar days of the City election date, the City shall provide any replacement parts
or equipment that were lost, stolen, or damaged while in the City's possession.
26. If the Supervisor's actual City election costs exceed the amount of the fee, the City shall pay
the Supervisor's bill within ten calendar days of its receipt. Rates for the Supervisor's bill shall be
actual costs associated with the following:
. computer sort time at the rate of $1 00 per sort
· computer printing at the rate of $. 27 per page
· actual costs of advertising the voter registration book closing
. actual staff labor costs for work unique and peculiar to the City's election
· $.0125 per page of county Precinct Register paper used (does not include data processing
sorts or printing costs)
· $.1 5 per page for 8.5" x II" or 8.5" x 14" copies
· $.20 per page for duplexed copies
. actual cost of any expenditures required by the City's election and paid by the Supervisor.
27. Notwithstanding all provisions for payment set forth in this Agreement, the City shall be
responsible for all costs asso~iated "ith manpower, equipment, postage, and any other election
costs. whether or not specifically set forth in this Agreement.
28. Nothing in this Agreement relicves the City of its responsibility to deveiop security
procedures for its election. The County and Supervisor responsibility for security regarding the
City's election are limited to those items contained in the attached Exhibit "A."
29 The County and the Supervisor have no liability for costs or expenses or other liability
incurred by the City in preparation for this election should the U.S. I .'partment of Justice note an
objection in its response to the Mayor's request. Further, should tkre be a response noting an
objection which would delay or prohibit the conduct of the election, t. .. City is not relieved of any
related financial obligation owed to the County and Supervisor ? ;ing from fees, goods and
serviccs, or other costs and expenses whether or not specificall' :t forth in this Agreement,
incurred by the Supervisor up to the time the City notifies th~, .upervisor in writing of the
Department of Justice objection.
30. Tbe City shall obtain an insurance policy which shall name t!J
or agree to provide coverage through the City's self-insurance arl('
have no financial obligation which includes the City's responsib
any damages to the County's voting and ballot tabulating eq\'
election. A copy of the City's Certificate of Insurance ider
insured is attached hereto as Exhibit "B."
Junt:y as additionally insured
.all assure that the COWlty will
;' for paying any deductible for
,ent and systems used in a City
. ing the County as an additional
31. In the event there is an election protest, contest, or eel
election involving any component of the County's VOlin?
preclude its further use until the matter has been regol'
election scheduled where the equipment must be use.
deposit to Collier County within four calendar days
the tabulation component and an additional $2" t\)
cation order arising from the City's
_~m and/or equipment which would
oy the courts, and the County has an
.1e City shall make a $25,000 security
Ie isswmce of the sequestration order for
.1- votir units are involved. The unused
Revised November 2007
,)
~, :-,'i
balance on the security deposit shall be returned to the City when the legal matter has been
resolved and the equipment has been returned.
32. The City shall arrange for candidates, candidate supporters, and members of the press to
congregate and await election results in some publicly accessible meeting area such as the County
Commission meeting room, City Hall, or other comparable location. Candidates only may be
given tours of parts of the secured areas of the Elections Office. The City Canvassing Board, its
precinct election workers, its election night workers, and the Elections employee designated with
custodial supervision ofthe facility for the day will be admitted to the secured area for processing.
33. This Agreement shall be valid only for the City's election held November 27, 2007.
34. In the event any part of this Agreement is determined to be unenforceable by a court of
competent jurisdiction, said ruling shall not invalidate the remaining parts of the Agreement.
IN WITNESS WHEREOF, the parties hereto authorize this Agreement and affix their hand
and seal this day of , 2007 by the City Council of the City of
Everglades, and this _ day of , 2007 by the Collier County Board of
County Commissioners and the Supervisor of Elections of Collier County.
ATTEST:
Dwight E. Brock, Clerk
Collier County Board of County
Commissioners
, Deputy Clerk
James Coletta, Chairman
Approved as to form and legal sufficiency
for the County:
Supervisor or Elections of Collier County
Scott Teach
Managing Assistant County Attorney
Jennifer J. Edwards, Supervisor of Elections
ATTEST:
City of Everglades City
Dottie Smallwood, City Clerk
City of Everglades
Sammy Hamilton, Mayor
Approved as to form and legal sufficiency
for the City:
City of Everglades City Attorney
Revised November 2007
exhibit A
Collier County, Florida
5.19.1 SECURITY PROCEDURES
for Stand Alone Municipal Etections
(not s...""hedu~ concurrently with state/county dates or ma~ ballot elections)
1. The Elections Office will advertise the registration book closing.
2. The Elections office will provide the City with a precinct-by-precinct demographics report within seven
days of registration book closing.
3. On the 6th day preceding Election Day, the Elections Office will run the computer sort to produce
precinct registers for use by the City (not required for mail ballot election).
4. On the 4th day preceding Election Day, the Elections Office shall deliver the precinct register(s) to the
City Clerk no later than 5:30 p.m. (not required for mail ballot election).
5. If the City leases the County's voting equipment (not supplies), permission must be obtained from
both the Board of County Commissioners and the Supervisor of Elections for each election date. The City
shall provide the County with an itemized list of requested equipment no less than 45 days prior to Election
Day^ The County shall not be required to provide equipment tt does not have nor shall tt be required to
provide all equipment requested.
6. If authorized by the County "'Ie City shall arrange to pick up the leased equipment and deliver it to
their polling place(s).
7. The City shall retum leased County equipment to the !::Iections Office no later then the day after the
election. The equipment shall be in the same condition as when it was received by the city.
8. If the City issues absentee baliots. the Electi::ms Office will, prior to the canvass of votes. provide the
City with records access for their verifr..ation of voter signatures on absentee ballots brought to the
Elections Office by the City or the Supervisor will verify signatures that are faxed to the office.
9. No later than the 2nd day after the election, the City shall deliver to the Elections Office the precinct
register(s) organized in ascendmg precinct order. No later than the 3rd day aller the election, the City shall
deliver to the Elections Office, the voter affidavits organized in alphabetical order for use to the Elections
OffICe in updating elector records.
10. If the City leases the County's ballot tabulation system. only the Supervisor of Elections Security
procedures for building and system access shall apply. The City shall be responsible for all other security
measures for its procedures and supplies.
11. The Elections Office shall retain the precinct register(s) for twenty-two (22) months and then shall
seek Bureau of Archives authorization for destruction.
12. All candidate information, amendments, and referendums must be submitted to the Supervisor of
Elections no later than the 46th day prior to the Election, the last day of qualifying. All audio files with tape
recorded spoken name of candidate will be made available to the Eiection Systems and Software at the
same time. The Supervisor of Elections will invoice The City of Everglades all costs of the audio ballot.
13. Elections costs shall include. but not be limited to expenditures for all paper supplies including
envelopes, instructions to voters, affidavits. precinct registers. report. ballots, postage, notices to voters,
advertisements, testing of equipment, sample ballots, data processinr "me and supplies, delivery and pick
up of equipment, records retention and labor costs, including those c :s uniquely associated with absentee
ballot preparation and canvassing. These costs will be the respr .Ibility of the County and billed to the
City.
14. Cost of pollworkers. feds, and polling Icr..ations shall be '''0 3ponsibility for the City.
Revised November 2007
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EXECUTIVE SUMMARY
RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONER APPROVE THE
USE OF CONFISCATED TRUST FUNDS FOR DRUG ABUSE EDUCATION AND
PREVENTION.
OBJECTIVE: To seek appropriation from the Confiscated Trust Fund of $5,000 for drug abuse
education and prevention.
CONSIDERATION: The Southwest Florida Council, Boy Scouts of America, as a non-profit
50lc charter corporation and pursuant to Section 932.7055(5)(c)3, Florida Statutes, is seeking
Board authorization for the appropriation of funds for drug abuse education and prevention
purposes. The Southwest Florida Council, Boy Scouts of America has applied to the Sheriff for
appropriation. The Sheriffs Office requests Board approval to appropriate $5,000 to support the
Southwest Florida Council, Boy Scouts of America program in Collier County. The Council will
use the Confiscated Trust Funds to further the Learning for Life, Drug Abuse Prevention, and
Child Abuse Protection programs. The Boy Scouts of America exist to develop strong well
rounded citizens from the youth of this nation. Through other agencies, the Boy Scouts of
America promotes the ability of members to do things for themselves and others, to train
members in Scoutcraft, and to teach members patriotism, courage, self-reliance, and kindred
virtues using the methods which are now in common use by Boy Scouts, The Council certified
that the Confiscated Trust Funds will be utilized for authorized purposes as outlined in Section
932.7055(5)(c)3, Florida Statutes, drug abuse education and prevention.
FISCAL IMPACT: A budget amendment is needed to appropriate a $5,000 remittance to the
Southwest Florida Council, Boy Scouts of America and to reduce Confiscated Trust Funds (Fund
602).
GROWTH MANAGEMENT: ]\;0 recurring costs for subsequent years.
RECOMMENDATION: That the Board of County Commissioner approves the budget
amendment for the use of Confiscated Trust Funds for drug abuse education and prevention.
CERTIFICATION OF CONFISCATED TRUST FUND REOUEST
This request is a legitimate expenditure of Confiscated Trust Funds under Section
932.7055(5)(c)3, Florida Statutes, drug abuse education and prevention.
PREPARED BY:
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APPROVED BY:
01 Goligbtly, Fina~ceDirector )
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DonHu ter, Sben{f
October 22.2007 ~
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DATE:
COLLIER COUNTY
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Item Number:
Item Summary:
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EXECUTIVE SUMMARY
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-
Recommendation to Approve a Budget Amendment providing $37,000 for the Clerk of
Courts to provide AccountinglFinancial Services for the Supervisor of Elections in FY 08
OBJECTIVE: To establish budget appropriations for the Clerk of Courts to provide accounting/financial
related services for the Supervisor of Elections (SOE) in FY 08.
CONSIDERATIONS: The Clerk of Courts provides accounting/financial related services for the Supervisor
of Elections. During the FY 08 budget process, the Clerk notified the Supervisor of Elections that a payment
of $37,000 would be required for this service. The Supervisor of Elections informed the Board of County
Commissioners in writing of this additional budgetary requirement in September. In recognition of this
budgetary need, the Board specifically earmarked General Fund reserves at the final FY 08 budget hearing in
September 2007 to cover tltis expense. A budget amendment is needed to appropriate the $37,000 from
General Fund reserves.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this
Executive Summarv.
FISCAL IMPACT: The cost of providing the accounting/financial services in FY 08 is $37,000. Funds
were specifically earmarked in the FY 08 budget (within General Fund reserves) during the final budget
public hearing held on September 20. 2007.
^-
RECOMMENDATION: That the Board of County Commissioners approves a $37,000 budget amendment
from General Fund reserves for the Clerk of Couns to provide accounting/financial services for the Supervisor
of Elections office.
Prepared by: Michael Smykowski, OMB Director
-
.
JENNIFER J. EDWARDS
SUPERVISOR OF ELECTIONS
September 26, 2007
Michael Smykowski
OMB Director
Collier County B_CCh/;
/-/ }Id~L
Dear Mr.-5myJ<oWski:
As you are aware, the Collier County Cierk of Courts processes accounting-
related needs for the Election Office. Through the budget process. the Cierk of
Courts notified this office that for FY 2008 a payment of $ 37,000.00 will be
required for this service.
We submitted requests for service, as requested by the Chairman of the Board of
County Commissioners, to several outside firms in the area and did not receive
any acceptabie bids.
In the final budget meeting held on September 20,2007. the BCC authorized you
to set aside funds for accounting services for this office. Based on the fact that
we did not receive any acceptable bids from the public sector, we will be
continuing to use the Clerk of Courts for these services.
Please process the necessary papers to make the funds available in our budget
by appropriating them in 511010-080,60 Operating Expense, cost element #
634202 (ISF). We will authorize the Clerk of Courts to charge this cost element
on a monthly basis for services rendered.
If you have any questions, piease contact Gary Beauchamp, Chief Deputy
Supervisor of Elections at extension 8997.
/1"h1nk you,
, /~
''';f~ Ii'T', )-
,lJ,ennifer J.dwards
,'/Supervisbf Elections
Cc: James Coletta, Chairman BCC
Crystal Kinzel, Clerk of Courts
Kelly Jones, Clerk of Courts
Gary Beauchamp, Supervisor of Elections
Collier Government Complex. Martin Luther King. Jr. Bldg. . 3301 Tamiamt Trail East
Naples, Florida 34112.4902
Telephone: 2391774.8450. Fax: 2391774.9468
COLLlUl COl'Yn
Item Number:
IlcmSummarr:
Meeting Date:
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EXECUTIVE SUMMARY
Recommendation for the Board of County Commissioners to Approve Amendment No.1 to
the Retention Agreement with the Law Firm of Garvin & Tripp, P.A. and ratify prior
payments made under the original Agreement to Garvin & Tripp, P.A. for paralegal
services.
OBJECTIVE: For the Board of County Commissioners to approve Amendment No. I to the
retention agreement with the law fiml of Garvin & Tripp, P.A. ("Garvin & Tripp") and ratify
prior payments made under the original Agreement to Garvin & Tripp. P.A. for paralegal
servIces.
CONSIDERA TIONS: On or about October 27, 2004, the Board of County Commissioners
approved the County's cuo'ent retcntion agreement with thc iaw firm of Garvin & Tripp. Thc
Agreement has been administratively renewed. As the Board knows, the Garvin & Tripp firm
has provided signiJicant legal services to Collier County for a number of years. In July, 2006.
the County Attorney. pursuant to section 1.2 of tbe agreement. negotiated a ] 0% increase in
hourly rates for this finn.
Since the time the Agreement was first negotiated and attomcys idcntified, there have been
changes in personnel. Additionally, the original Agreement did not identify rates to be charged
for paralegal services. Since charging for paralegal services is a usual and customary practice in
the legal field and serves as a reduction in attorney costs by reducing attomey time on certain
projects, it is requested that the Board of County Commissioners ratify prior payments made
under the original Agreement to Garvin & Tripp. P.A. for paralegal services. Upon review of the
past invoices over the past three years, the total paid for paralegal services is less than $500.00.
This Amendment provides for the charges of attomeys, paralegals and law clerks not specifically
identified in the contract.
FISCAL IMPACT: The only fiscal impact associated with this executive summary is the
minimal charges of paralegal time included in invoices received from Garvin & Tripp.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary,
RECOMMENDA nON: For the Board ol'eounty Commissioners to approve Amendment No.
] to the retention agreement with the iaw linn 01' Cian'in & Tripp. P.A. ("Gan'in & Tripp'") and
ratify prior payments made uncler the origin"l Agrecment to Garvin & Tripp, P.A. for paralegal
serVIces.
Approved by: David C Weigel, County Attomey
-
Page I or I
COLLIER cov"n
Item Number:
ltemsummary:
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AMENDMENT NO.1
TO OCTOBER 27, 2004 RETENTION AGREEMENT
WITH GARVIN & TRIPP, P.A.
WHEREAS, the Board of County Commissioners of Collier County, Florida (the
"County"), and the law firm of Garvin & Tripp, P.A., of Fort Myers, Florida ("Garvin & Tripp")
entered into a Retention A~,'reement on or about October 27, 2004 pursuant to which Garvin &
Tripp is to provide legal and professional services to the County at least until and through
October 26, 2007 (unless the Retention Agreement is terminated earlier in accordance with
Articles 3 and 4 of the Retention A~,'Teement). Absent notice of intent to terminate, the
Agreement may be renewed upon mutual consent of the parties for two (2) additional terms of
one (1 ) year each; and
WHEREAS, the parties have consented to renew the original Retention Agreement via
administrative renewal; and
WHEREAS, the County and Garvin & Tripp now desire (0 alnend the Retention
Agreement in accordance with prior understandings and Paragraph 1.2 of the Retention
Agreement that it would be reopened for purposes of negotiating new hourly rates for Garvin &
Tripp on or after November of 2004.
NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES CONTAINED
HEREIN, the County and Garvin & Tripp hereby agree to the following changes in hourly rates
for legal and professional services (0 be provided by Garvin & Tripp in accordance with the
Retention Agreement:
I. The County and Garvin & Tripp agree that attorneys, paraiegals and law clerks
assigned to provide legal and professional services to the County shall be compensated either as
individuals or generally as follows:
Theodore L. Tripp, Jr.
Jeffrey R. Garvin
Kevin P. Fularzyk
Elisa S. Worthington
Other principles
Other associates
Paralegals and law clerks
$363.00 per hour
$363.00 per hour
$265.00 per hour
$220.00 per hour
$363.00 per hour
$220.00 per hour
$ 55.00 per hour
2. The hourly rates for legal and professional services set forth in Paragraph I of this
Amendment No. I to the Retention Agreement shall and do hereby replace the hourly rates set
forth in Exhibit A to the Retention Agreement.
3. Other than as expressly amended by this Amendment No. I to the Retention
A&>reement, all terms and conditions of the Retention Agreement remain in full force and effect.
DATE:
ATTEST:
DWIGHT E. BROCK, CLERK
By:
DEPUTY CLERK
Approved as to form and
legal sufficiency
David C. Weigel County Attorney
DATE:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
JIM COLETTA, CHAIRMAN
GARVIN & TRIPP, P.A.
By:
Its:
2
STATE OF FLORIDA
COUNTY OF
The foregoing Amendment No. I to the Retention Agreement was acknowledged before
me this _ day of
,2007, by
as
of
Garvin & Tipp, P.A., a Florida Professional AssociatiolJ, on behalf of the professional
association. He/she is personally known to me or produced
as identification.
Signature of Notary Public
Name of Notary Public typed, pcinled or
My Commission Expires:
3
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Pa;181 of 10
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $29,600.00 for the
acquisition of Parcel 739 in the lawsuit styled Collier County v. First National Bank of Naples,
Inc., et al., Case No. 04-3587-CA (Immokalee Road Project No. 66042). Fiscal Impact:
$61,454.70.
OBJECTIVE: That the Board approve a Stipulated Final Judgment for the acquisition of Parcel 739
in the lawsuit styled Collier County v. First Nati{mal Bank afNaples, Inc., et al., Case No. 04-3587-
CA (Immokalee Road Project No. 66042).
CONSIDERATIONS: The County acquired the subject property by entry of a Stipulated Order of
Taking on December 17, 2004 and by depositing $19,600.00 into the Court Registry on December 29,
2004. The tenant, Circle K Stores, Inc., made a business damage claim of $2,373,660.00 due to the
reconfiguration of the access on Immokalee Road and the impact to the underground storage tank. The
County revise.d its construction plans to replicate the existing access on lmmokalee Road and made an
offer on the business damage claim of S 10.000.00, which Circle K accepted. The County and
Respondents have negotiated the proposed ,ettlement of $29.600.00 as full compensation plus payment
of attorney's fees and all expert fees and costs.
If the settlement is approved, the County will pay the following costs:
~
. Additional Deposit/Disbursement Amount:
. Expert Fees:
. Clerk's Scrvice Fee:
. Attorney's Fees (hourly) & Costs:
$ 10.000.00
21,089.75
None
30.364.95
TOTAL:
S 61.454.70
Attached is the proposed Stipulated Final Judgment. The settlement is conditioned upon the following:
1. The County, at its own expense during construction, will construct a right in, right out
driveway connection from Respondents' Remaindcr parcel to Immokalee Road which replicates the
existing access in accordance with the plan prepared by Hole Montes, Inc.; and agrees that at all times
during road construction to maintain continuous mgress and egress to Respondents' remaining
property through the driveway on Immokalee Road.
2. Respondents agree to apply for a road right-of-way permit for any refurbishment,
replacement, modification or retrofitting of their underground gas tanks which are partially located
within the road right-of-way previously acquircd by the County; and at any time when Respondents or
their successors or assigns replace the underground gas tanks they agree to move the tanks outside of
the existing road right-of way.
To facilitate this settlement, the County Attorney's Office and Planning staff worked together to
determine the appropriate procedure to process Circle K's permitting to replace a canopy that blew
down in 2002 from a stonn.
.~
FISCAL IMPACT: Funds in the amount of $61,454.70 will come from the Transportation Supported
Gas TaX Fund and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDA TION: That the Board of County Commissioners:
1. Approve the Stipulated Final Judgment as to Parcel 739: and
2. Approve the expenditure and disbursement of funds as stated.
PREPARED BY: Heidi F. Ashton, Assistant County Attorney
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN ANI> FOR COLLIER COliNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a political
subdi vision of the State of Florida,
Case No.: 04-3587-CA
Petitioner,
Parcel No.: 739
vs.
FIRST NATIONAL BAN1\: OF NAPLES,
et ai.,
Respondents.
I
STIPULA TED FINAL JUDGMENT
THIS CAUSE huving come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through the undersigned counsel, and Respondents, RI
CS2 LLC, a Delaware corporation, and CIRCLE K STORES. INe. (hereafter collectively
"Respondents"), by and through their' undersigned counsel, for entry of a Stipulated Final Judgment
as to Parcel 739, and it appearing to the Court that the parties are authorized to make such motion,
the Court finding that the compensation to be paid by Petitioner, COLLIER COUNTY, FLORIDA,
is the full compensation due Respondents, and the Court being otherwise fully advised in the
premises thereof, it is thereupon,
ORDERED AND ADJUDGED that Respondents have and recover from Petitioner,
COLLIER COCNTY, FLORIDA, the sum of Twenty-Nine Thousand Six Hundred Dollars and
NollOO ($29,600.00) for Parcel 739 as full payment for the property interests taken and for damages
resulting to the remainder, if less than the entire property was taken, business damages, and for all
other damages in connection with said parcel; it is further
ORDERED that Respondents receive from Petitioner, COLLlER COUNTY, FLORIDA. as
a reasonable attorney's fee the sum of Thirty Thousand Three Hundred Fifty-One Dollars and
No/100 ($30,351.00), and Thirteen Dollars and 95/100 ($13.95) in costs pursuant to Section
73.091, F.S.; it is further
ORDERED that Respondents and their attorney waive any claims to non-monetary benefits;
it is further
ORDERED that Petitioner, COLLIER COUNTY. FLORIDA shall pay reasonable expert
fees in the amount of Twenty-One Thousand Eighty-Nine Dollars and 75/100 ($21,089.75)
equaling $8,744.00 for engineering fees of Messimer & Associates; $10,000.00 for business
damage expert fees for Morgenstern. Phifer & MessJOa, P,A.; and $2,345.75 for appraisal fees of
Urban Economics, Inc.; it is further
ORDERED that Petitioner. COLLIER COt.F.'ITY, FLORIDA. has previously deposited the
amount of Nineteen Thousand Six Hundred Dollars and No/IOO ($19,60(1.00) into the registry of
the Clerk of the Circuit Court toward the acquisition of Parcel 739 at which time titie to said parcel
as described in Exhibit "A" vested in the name of Petitioner; it is further
ORDERED that within thirty (30) days of receipt by Petitioner of the Stipulated Final
Judgment entered by the Court, Petitioner, COLLIER COUNTY. FLORIDA, shall disburse the total
amount of Ten Thousand Dollars and NoflOO ($10,000.00) to the GAYLORD MERUN
LUDOVICI DlAZ & RAIN TRUST ACCOl.:I\T c/o Kimbel R. Merlin. Esquire, Gaylord, Merlin.
Ludovici, Diaz & Bain, 3001 West Cypress Street. Tampa. FL 33607-3803 ror the balance due to
Respondents; it is further
ORDERED that within thirty (30) days of receipt by P .itioner of the Stipulated Final
Judgment entered by the Court, Petitioner, COLUER COUNTY. FLORIDA, shall disburse the lotal
amount of Thirty Thousand Three Hundred Sixty-FOI [" Dollars and 95/100 ($311,364.95) to
2
';";,1
KIMBEL L. MERLiN, ESQlJIRE, Gaylord, Merlin, Ludovici, Diaz & Bain, 5001 West Cypress
Street, Tampa, FL 33607-3803 for attomey's fees and costs; it is further
ORDERED that within thirty (30) days of receipt by Petitioner of the Stipulated Final
Judgment entered by the Court, Petitioner shall disburse the amount of Twenty-One Thousand
Eighty-Nine Dollars and 75/HIO ($21,089.75) to the GA'r"LORD MERLiN LUDOVICl DlAZ &
BAIN TRUST ACCOm-.l c/o Kimbel R, Merlin, Esquire, Gaylord, Merlin, Ludovici Diaz & Bain,
3001 West Cypress Street, Tampa, FL 33607-3803 for expert fees and costs; it is further
ORDERED that Petitioner, at its expense during construction, will construct a right in, right
out driveway connection from Respondents' Remainder parcel to Immokalee Road which replicates
Respondents' existing access in accordance with the plan prepared by Hole Montes, Inc. attached to
the Order of Tabng entered by this Court: it is further
ORDERED that Petitioner agrees that at all times during restoration of Respondents'
driveway and during road constmction, it will maintain continuous ingress and egress to
Respondents' remaining property through the dtiveway on lmmokalce Road; it IS further
ORDERED that Petitioner's use of Parcel 739 will be as follows; for the area 5 feet in
width, use will be limited to surface area use including mobilization of equipment and workers, and
surface area stabilization of the placement of curbs and sidewalks; for area 25 feet in width, use is
limited to restoration and rebuilding of driveway throat to reconnect to widened roadway.
Petitioner agrees to provide Respondents continued access for fuel tanker deiiveries to its gasoline
fill caps located within Parcel 739 throughout the duration of the temporary construction easement;
it is fwther
ORDERED that Petitioner agrees to restore Respondents' driveway to a maximum grade of
6% following construction; it is further
ORDERED that during construction within Parcel 739. the County will use every reasonable
effort and available precaution when working in the vicinity of Circle K's underground gasoline
3
tanks to protect the integrity and safety of those tanks and associated equipment. The County agrees
to repair any damage to the tanh caused by its construction at its e"pense and to restore Parcel 739
to as good a condition as existed before the taking; it is further
ORDERED that Respondents and their successors and assigns will apply for a road right-of-
way permit for any refurbishment. replacement, modification or retrofitting of the underground gas
tanks which are partially located within the road right-of-way acquired by the County in 1992. At
any time when Respondents or their successors or assigns replace the underground gas tanks, they
shall move the tanks outside of the e>cisting road right-of-way; it is further
ORDERED that title to Parcel 739, a Temporary Construction Easement, being fully
described in Exhibit "A" attached hercto and incorporated herein, which vested In Petitioner,
COLLIER COUl'TY. FLORIDA. pursuant to the Stipulated Order of Taking dated December 17,
2004, and the deposit of money heretofore made, is approved. ratified. and confil111ed; it is further
ORDERED that this Court reserves jurisdiction to enfor"e the terms of this Stipulated Final
Judgment; 1 t is further
ORDERED that the Notice of Lis Pendens fjiee! in this action and recorded in Official
Record Book 3610, Page 1019 el scq., of the Public Records of Collier County, Plorida be
dismissed as to Parcel 739; it is further
ORDERED that this Stipulated Final Judgment is subject u approval by the Board of
County Commissioners; it is further
ORDERED that this Stipulated Final Juugment is to be reeordeu in the OITicial Records of
Collier COUnly, Florida; it is therefore
DONE AND ORDERED in Chambers at Naples, Collier County, Florida this _ day of
,2007.
:fRClilT COURT JUDGE
4
~,' 0; '! C
Conformed Copies:
Heidi Ashton-Cicko, Esquire
KimbelL. Merlin, Esquire
E. Glenn Tucker, Esquire
Brian R. Brauebo, Esquire
Kevin Hendricks, Acquisition MgrfTransp.
RAK Enterprises
Circle K General, Inc., Successor by merger to Shop & Go, Inc.
Bookkeeping
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
The parties hereby stipulate and respectfully request this Court to enter the foregoing
Stipulated Final Judgment as to Parcel 739.
Dated:
Dated:
@
HEIDI ASHTON.CICKO, ESQUIRE
Florida Bar No.: 966770
COllIER COUNTY ATTORNEY'S OFFICE
Harmon Turner Building
3301 East Tamiami Trail
Naples. FL 34112
(239) 252-8400 - Telephone
(239) 774-0225 - Facsimile
ATTORNEY FOR PETITIONER
KIMBEL R. MERLIN, ESQUlRE
Florida Bar No.: 616760
GAYLORD MERLIN LUDOVICI D1AZ & BAIN
300] West Cypress Street
Tampa, FL 33607-3803
(813) 221.9000-- Telephone
(813) 221-9030 - Facsimile
ATTORNEY FOR RESPONDENTS
5
.
,
EXHIBIT -1L
Page~ot \'-.;';1
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HOLE MONTES
rJiGi!IEffiS-f'tJJ,wF}lS ~.r.\l~Drrs
100
~5!1 E~cor! W1i' ,).I.ple" FlOrk!a J( 110. Pllnrl~: ~-l1.~5~.2PtO fa~; 9'1125I",[lffil
TEM?ORAP:Y
CONS1RUCTlON EASEMENT
(DURAT10N: 3 Y"-ARS FROM
COMMENCEMENT OF CONSTRUCTION)
EN) PROJECr ./:1:J101-67
'7/!(,l3
J~IF,I)WG.IiH-3E9n.2
PARCEl... ~,:o, 739
LEGAl. DESCRrr-:-lON
A P:)RTION OF TRACT "A" OFFOURSEJ.SC!'~S ACCDrrr,mG TO THEP:~.^,'r; THF.REOF ]~EC'OImED IN P:~:\T
BOOK 10 AT PAGES 95 lllil.CUGE 97 :1FTE5 P'JB:J'C m:::=::"JRDS (JF COL~:::::R CO:>l>JTY, ;:..:....:JiUDA, gE!!-iC1
MOEPAR7ICtJ:./'-Rl.Y DESCR3I:n A~ f'O:":'CWS:
COMMEI'....CE AT Th"ENORTh;:,A,ST :::Q~':;{En OF TR,r\C; ";," :)F ;.'O':;l{ SEJI..SDN,<:; AcconD:S'G TI.~ 71-;::, ~'l.A T
7HER.;;OF RECORDED lH PLAT EOOX :0 r: PAGES Q5 'ZIIRo:..r,,JE~;7 0;': ~~-IE P~JBLlC P..E~C:RDS ,,1' C:OL.i2.R
COU:--.'TY, ,;.";.ORI;JA; n-::ENCE :\UN SOl o"-2'49"E" )..!..ONG Tf-::E EASTERL)- BC1.f!\"DARY CrF 5/JD ',lCAC "_(".
FOR A DI::T;V-';CE O?~ ),0:1 FEET ;'C T:ll? P()!\'T OP RECill-irNO OF,":'HE T'!\.H.2EL CF:._!..N::, H;~R~~~~
DESCr.IP,ED; TH2N::.E COh"I'INlE s:::Q.r::'t9"E., AL()NG THi~~~r~STERL y !:l(Y~"n';D!.R";.' CF SAT:, TR.1\C:T "_I.:',
POR A DISTANCE 01125.00 FE:.--;r; 7RHiCERljN S,g9~1.;'\lrr'w. FOR/-..~JST/uSCE OF 60.00 fEET; THENCE
ReN N.0Qo46.0n"\\,. ?OR A bIS'r ANCE OF 2G,CJ fEET; TE?.i-"TCE R:JN ;~.3Sl0j~'C'J"W, :::DR Ii. :;,.Si"/_"\CE ~)F
7.0: ,G~ FEET TO A PDJNT 01'\ 7HE BU(Ji,,-:)f..P.Y GF 'IRA':' P!\RCEl. Of' L/\H:l C'GPVE":'E!) TD L::CJLLJEI"Z
COG'};TY PER ;-HJ; INSTRl'MP,;7RECORDEI: IN O.it, BOOK ~S.23 Ai' PM,ES :319 THflGl.:GE 1.:24 CJF-;-'HE
PUBLIC RECORDS OF CO:.=-2R courl':'Y, ?LCP.1DA, 'f:mNCE Rt..'N N,44";4'lJ"R., A.LDNG 7;-,,"E }JODnJAKY
OF SAD PARCEL RECORDE;')!N OJt BOOK lSZ3 AT P/.QES :319 Tl-:F,OUGH :~24, POR A DlST ANCn or ;,07
FEETiQ A POt..r 17.00 FEET SmJTHERLY OF. As~n:.ASURED A"': RIGHT Ai-l'Ul.l:.5 TO, THE NORTh"E1U.,Y
BO'Llm~'1Y OF SAm T:RACT "Ani TI-IENC:S RL~ N.89~14'DC"E" 'p.t...RALLEL \V:7H TJ-tE NORTl-fERLY
BCUNDARY OF SAID TRACT "A", FOR:A DISi ANCE OF 2~5.64 FEET TO T.dF. PPINT (}}I BEGmNn{Q~
CONTAfNING 2487,6 SQUARE FEET. MORE OR LESS,
THIS PROPERTY IS 5USiECTTO E!l.SE1IriENTS, RESE:~VA:'10:\3' Oi~ r-.E.s-:':Il~~T]O!-iS OF ftEC8RD,
BEARINGS Rlli'tK iD THE NOTCHEIlL Y BOl.JND1,RY 0..:--= TRAC':' "Au:::JF Fm~R SEA3():'-;.') ACCORDlNC; T8
TI-'...E. Pl.AT THEREOf- RECORDED H\' fLAT 'flO'JK 10 AT :'~(J'::S 95 T::-mOCGH 97 C'F T;:-IE ?1YiL1C lU~,:::ORDS
OF CDU,,:ER CDlJNTY. nORIDA, AS BEING N,!19"j4'(JO"E, .
HOLE MONTES, tNC::,
~E:RTjRCATI:JN OF ACTHORIZA.';'lD)-i::-3 Jfl'7n
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COLLlLR (Ol'\n
Item Number:
Item$ummary:
Meeting Date:
l'rcpa'-cd B~
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Gage 1 of 2
ExecuHve Summal'Y
Recommendation that the Board of Count)' Commissioncrs authorize the County Attorney's
Office to make a business damage tounteroffer to settle a claim for business damages by Santa
Barbal'a Fnels, Inc. associated with the arq Ilisition of Parcels 104 and 604 in the lawsuit styled
Collier County v. Highland Properties (![ Lee and Collier Limited. et al., Case No, 06-0563-CA
(Santa Barbara Boulevard Project #62(81). (Fiscal Impact: $70,OOO.()(), if accepted).
OB.IECTI\'E: Authorize the County Attorn:y's Ofiice to make a business damage counteroffer to
settle a claim for business damages ac:sociall'd with the acquisition of Pal'cels 104 and 604 in the
lawsuit styled Collier COUIIlV \'. Highlalld p;^O[lCTli:,s or Lee and Collier Limited, et aI., Case No.
06-0563-CA.
C01\iSIDERA TlO'\'S: On .Iulv pc. 200u. the Count) acquired P2F:cl 104. a jCce Simple Interest.
and Parcel tS04. 3 PcqJctual Sbpc EJ~>;:m'~'n1. fj'om S~mta Barbara Fw;;~!s, inc. aL'mQ San18 Barbara
Bouievard.
On June L5. 2(j(Jt-:. C;Jnier C,:)U:11y r
fLlll'l RcspcndcilL S~I!1t~lB2.rhar~; FL;~'1
\\.u.s ad,lL!sled tel ! 0; it; :'\ug\lst
" :l~~i::::,<;;; dama~,~':i2in:.:r;
, ~lmO:'~:1t (,f ~r.]"'I()J)(l\l.nq
II_:'.. i:l !..>In''I~ctiul'i y, ;th P:lr.:c!s, 1(:-+ ~',nd 6(1-.i.
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c:al:;.l i~ ('V/:1':;:'I"":) tr~~;':"i(.' '::::1:!;;:1~:::;-
h~~s ()pin~c1 :.I-;::::.t th:; business \-,,'ill L;.:~~' .nrt',~: i':,i:
r~s~It nfthc implcrncntation of a eeLsl Ul ~L::-~ ~.n
Comny 11:1:-: a linlitec~ time [iJ ;':':SP\l11 ,! hi :~1~~ ;::1:ii1::..
C:;p~jC;.:;S;, ~c:d twn 'iCn1~'ln;-:lrYr;arl:ing s.pa~';.:,'s ;:i?- a
the u: 1:1:": :aLin,:;. By ~~wl~n:..:. the
n" I
loun!y <~in rC-':,C:l1nlCll( ~
h LFl n ~5::;';
countcroffer of Sevemy Thcusand ])"I,a1'o; ,mJ 1'," ] dO (S70.0(lO.(lO liO minimize ;,'C5 aliel C(,sts. if'
the prnpert>' nV'!1cr is <:I\va:dcd a bL~;~nc~:,- th;:'O the Coumy' will hI:.' ,-cquircd [0 P:1Y all
attorney's f:.:e h~lsed on the henct11 L:-jt; l~] :f.:p.::nce bCl\\'Cen Ihe er of S7(LUOO.OO :lnd the
business damage a\\.ard. If own:::r ~!CCE.'p:'=' the counterclaim, attorney's fe-cs as to the business
damage claim are calculated hourly.
. i\mount of Business Damage Claim:
. Proposed Offer fr0111 the COlonty:
S-+Oll.197.00
S 70.00CL(lO
FISCAL !'v!PACT: Funds in
:l::lC'L!111 (,f S7PJ1(JC.l,flO \\'i11 C0111':',,: fLml the Tr~!nsp(y't(;tion
Supported G:::~.s T d\: ~:nd Imru::t Fe..: r _Fle;'-:. ~:"'.~~':~"~: oC fL;nds ~1!"~ (Jas T,axcs :rnd
GROWTH I\Pd\AGEMEi\;T [~'fP '\CT: ('nil ,i:l~nt with Cuikr Count v Gro\\th Ma;;,,;"mcn~
Plan,
RECOM\1ENDAno\':
Th,:t ~(;;:
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(f (ount)
C(mln1~~:;;ior,(TS a~lthori::-:-;:
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PREP"L...RED l-:3'"Y': Heidi .AsLton-Cicl.;>_J. .::C.~')iSl:inl C'o:"mty-"\tio:-n~'y. CHlicc of the County AttOfllCY
---
rag.: 1 nf 1
COLLIER COll"'T'
::'1
Item Numuer:
lIemSummary:
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': ~lf 5
EXECUTIVE SUMMARY
-
Recommendation to Approve an Agreed Order for Payment of Expert Fees and Costs in
Connection with Parcels 720, 820A, 820B and 920 in the Lawsuit Styled Collier County v.
Elhanon Combs, et aL, Case No. 03-2352-CA (Golden Gate Parkway, Project #60027) Fiscal
Impact: $27,500.00.
OBJECTIVE: That the Board of County Commissioners approve an Agreed Order for Payment of
Expert Fees and Costs in Connection with Parcels 720, 820A, 820B and 920 in the lawsuit styled
Collier County v. Elhanon Combs, et aI., Case No. 03-2352-CA (Golden Gate Parkway, Project
#60027) .
CONSIDERATIONS: The County acquired the subject property by entry of an Order of Taking
on September 19, 2003 and subsequ~ntly depositing funds into the Court Registry. The County and
Respondents settled by Stipulated Final Judgment which was entered by Judge Hayes on January 9,
2007. Pursuant to p3.091. Fla. Stat., the property owners are entitled to all reasonable and
necessary costs incun'ed in defense of the eminent domain proceeding. The property owners
submitted invoices for appraisal fees of RlE Analysts, Inc. totaling $34,410.00 and engineering
consultant fees of Keene Engineering Consultants relating to the building/tenant totaling
$28,887.50. Through negotiation, the parties have agreed to settle for 825,500.00 and S2.000.00
respectively.
The County and Respondents are currently negotiating appraisal fees for Erickson Appraisers. Inc. ,
which may go to a cost hearing in January. 2008. Attached is thc proposed Agreed Order providing
for the following funds:
. Appraisal Fees ofR/E Analysts, Inc.:
. Engineering Consultant Fees:
$ 25,500.00
$ 2.000.00
Total
$ 27,500.00
The County has previously paid Owners' planning fees of $1.260.25 and Owners' engineering fees
of S] 0,500.00.
FISCAL IMPACT: Funds in the amount of $27.500.00 will come from the TranSpC)]1ation
Supported Gas Tax Fund and Impact Fee Funds. Source of Funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDA TION: That the Board of" County Commissioners:
I. Approve the Agreed Order; and
2. Approve the exp~nditure and disbursement of funds as stated.
-
PREPARED BY: Heidi F. Ashton, Assistant County Attorney, Office of the County Attorney
10/25/2007 0g:25
g5452221376
FORMAN HANRATTY MOHT
'Pl~Gi2:~: e2
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.: 03-2352-CA
vs.
Parcel Nos.; 720, 820A. 820B, 920
EJ..HANON COMBS, et aI,.
Respondents.
!
AGREED ORDER AWARDING EXPERT FEES AND COSTS
THIS CAUSE, having come b::fore the CQurt upon Joint Motion made by Petitioner,
COLLIER COUNTY, PLORIDA, by and through the undersigned counsel, and Respondents,
ELHA..l\TON COMBS and SANDRA S. COMBS (hereafter "Respondents"), by and through their
undersigned counsel, ror entry of an Agreed Order, and the Court. being fully advised in the
premises, it is hereby
ORDERED AND .4DJUDGED that:
1. Respondents shall receive from Petitioner, COLLIER COl.iNTY. FLORIDA, the
sum of Twenty-Ave Tbousand FiVe Hundred. Dolls1:'S and No/lOO ($2S,5Oll.00) for apprais.,tl fees
of R!E Analysts. Inc.
2. Responder;1ts shall receive from Petitioner, COLLIER COUNTY, FLORIDA, the
sum of Two Thousand Dollan; and No/lO!l ($2,000.00) for Keene Engineering Consultants for
evaluation of impacts to me buildingltenant.
3. ORDERED mat within thirty (30) days of receipt by Petitioner of thc Agreed Order
entered by the Court, Petitioner, COLLIER COUNTY, FLORIDA. shall disburse the total amount
of Twenty-Seven Thousand Five Hundred Dollars and NollOO ($27,500.00) to the FORMAN
10/25/2007 09:25
9545222076
FORMAl, HANRA TTV I~ClNT
?L'i3~: 03, ..
HANRATTY MONTGOMERY TRUST ACCOUNT. c/o Charles R. Foonan, Esquire, 1323 SE
Third A venue, Fort Lauderdale, Florida 33316 for proper disbursement
4. The Court reserves jurisdiction on the issue of appraisal fees claimed by Erickson
Apprarsers, Inc.
DONE AN0 ORDeRlill this _ day of
, 2007 in Naples, Collier
County, Florida.
CIRCUIT COURT JUDGE
Confooned copies to:
Heidi Ashton-Cioko. Esquire
Charles R. FOImal1, Esquire
E. Glenn Tucker, Esquire
Greg Carlisle, Individually 6;
d!bIa Fitne~ Quest (address unknown)
Gulf American Mllrine, Inc.
MIHM as Custodian in care of Tax Asset Group
JD Anen & Associar.es, Inc.
Kevin Hendricks, ROW Acquisition Mgr., TranslECM
Bookkeeping
2
10/25/2007 09:25
9545222075
FORMAN HANRATTY MONT
"p,~s;:;" O,:t ~
=
JOINT MOTION
The Parties, by and through thcir undersigned attorneys, hereby move for entry of the foregoing
Agreed Order as to Parcels 720, 820A. 820B and 920.
Dated:
{o/2.,~ /07
I (
Dated:
~L"rlo A- ~. ~
. ES RMAN, UIRE
Florida Bar No.: 229Z63
FORMANHANRAITY & MOl\'TGOMERY
1323 SE Third A venue.
Fort Lauderdale, Florida 33316
(954) 522-9441 - Telephone
(954) 522.2076 . Fac:simile
ATTORNEY POR RESPONDENTS
@
HEIDI ASHTON-CICIW, ESQUIRE
Florida Bar No.: 966770
OFFICE OF THE COUNrY ATTORNEY
B:annon Turner Building
3301 East Tamiami Trail
Naples. Florida 34112
(239) 774-8400 . Telephone
(239) 774-0225 - Faosimile
ATIORNEY FOR PETITIONER
3
COLLIER con,n
IlemNumber'
lIem Summary:
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Meeting Date:
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. .!. 07
~i ,:) 41
EXECUTIVE SUMMARY
V A-2007-AR-11778 Jose Martinez, represented by Gene Silguero of GMC Home
Builders, Inc., is requesting an after-the-faet Variance of 1.4 feet from the minimum
25-foot front yard setback requirement for the Residential Multifamily-6 (RMF-6)
Zoning District as provided for in Section 4.02.01.A. Table 2.1 of the Land
Development Code. The 0.34-aere subject property is a corner lot located at 505
Madison Avenue, northwest of the intersection with Glades Street, New Market
Subdivision, Lot 6, Block 19, Section 33, Township 46 South, Range 29 East,
Immokalee, Collier County, Florida
OBJECTIVE:
To have the Board of Zoning Appeals (BZA) consider the above-referenced Variance
petition and render a decision pursuant 10 Section 9.01.00 of the Land Development Code
(LDC) in order to ensure that the project is in harmony with all applicable codes and
regulations and that the community's interests are maintained.
CONSlDERA TIONS:
~
The applicant is requesting a Variance of 1.4 feet fi-cnn the minimum 25-foot front yard
setback requirement for the Residential Multifamily-6 (RMF-6) Zoning District, pursuant
to Section 4.02.01.A. Table 2.1 of the Land Development Code (LDC), to pem1il the
completion of a single-family home that was constructed with a 23.6-foot front yard
setback.
..-
The subject property occupies the southwestem quadrant of the Madison Avenue West
and Glades Street intersection in lmmokalee. Because the property abuts two roadways,
according to the LDC, it is considered to have two front yards instead of one. When
GMC Home Builders, Inc. applied for a building pClmit to construct the single-family
home on the property. both of the 25- j(lot front yard sctbacks required pursuant to the
RMF-6 Zoning District were shown on the submittcd plans and a building pem1it was
issued. However, when the prope11y was surveyed immediately prior to construction, the
surveying company centered the proposed home on the subject parcel without taking into
account the fact that its "side" yard adjoining Glades Street was actually anotherFrJllt
yard. As a result, this yard was not given the necessary 25- foot setback for front yards as
was given the primary front yard facing Madison A venue West. Instead it was given the
same 23.3-foot setback as its opposing yard. which is indeed a side yard. The error was
not discovered until the spot survey was conduc1cd, when the applicant's only options
were to raze the structure and mbuild, or apply jell- an af'ter-the- fact Variance of 1.4 feet.
Since construction on the house was well underway. the applicant requested and received
permission from Building Review and Pennitting (see letter included as Exhibit E to the
Staff RepOJ1) to proceed with construction "at his own risk" while Variance approval was
sought.
FISCAL IMPACT:
Approval of this Variance petition would have no liscal impact on Collier County.
GROWTH MANAGEMENT PLAN IGMP) IMPACT:
Approval of this Variance would not affect or change the requirements of the Growth
Management Plan.
AFFORDABLE HOlJSING IMPACT:
Approval of this Variance would have no affordable housing impact.
ENVIRONMENTAL ISSUES:
There are no environmental issues associated with this Variancc.
EJ\YIRONME'\'TAL ADVISORY COlJNCIL (EAC) RECOMME'\'DA TlO'\':
The EAC did not review this petition as thcy do not n0ll11ally hcar Variance petitions.
COLL/EH COUNTY PLANNING C01\1MISSION (CepC) RECOMMENDA nON
The CCPC heard petition VA-2007-AR-I i 77R on October 4. 2007, and believing that
apprming the Variance would not bc injurious to the neighborhood or detrimcntalto the
public welfare, voted unanimously (9-0) toj(,rward this petition to the BZA with a
recommendation of approval.
Because the CCPC appn)\'a] recommendation was unanimous and no letters of objection
havc been received, this petition has been placed on the Summary Agenda.
LEGAL CONSIDER>\. nONS:
The petitioner is requesting an after-the-fact Variance 01'1 A feet !i'om the minimum 25-
j(lot !i'ont yard setback requirement to jKTmit the completion of a single-family home that
was inadvel1ently constructed 23.6 feet Ii'om the front yard property boundary. The
granting of such a Variance is pennitted under LDC Section 9,04.02. The attached staff
rcp011 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 prow that the proposed
Variance is consistent with all the criteria set f0l1h below, and you may 'luestion the
petitioner or staIT [0 assure yourself that the neeessmy criteria have been satisfied.
Should you consider denying the Variance, to assure that your decision is not later found
to be arbitralY, discriminatory or unreasonable, the denial must be based upon competent,
substantial evidence that the proposal does not meet one or more of the listed criteria
beiow. Approval of this requcst requires three affimlativc \'oks ofthc Board. In granting
any Variance, the Board of Zoning Appeals may prescribe appropriate conditions and
safeguards in conformity with the zoning code, including. but not limited to, reasonable
time limits within which action for which the Variance is required shall be begun or
completed, or both. Violation of such conditions and safeguards, when made a pmt of the
terms under which the Variancc is granted, shall be deemed a violation of the zoning
code.
Criteria for Variancl's
I. There are special conditions and circumstances existing which are peculiar to the
location. size. and characteristics of the land, structure, or building involved.
2. There are special conditions and circumstances which do not result from the action of
the applicant, such as pre-existing conditions relative to the propelty which is the subject
of the variance request.
3. A literal interpretation of the provisions of the LDC work unnecessary and undue
hm'dship on the applicant or create practical dil1iculties on the applicant.
4. The variance. if granted. will be the minimum \anance that will make possible the
reasonable use of the land. building. 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 oy these zoning rl.'gulations to other lands, buildings, or structures in the
same zoning district.
(). Granting the variance will be in ha11110ny witb the intent and purpose of the LDe. and
not be injurious to the neighborhood. or otherwise detrimental to tbe pubiic welfare.
7. There are natural conditions or physically induced conditions tbat amelioratc the
goals and objcctives oftbc regulation. sucb as natural preserves. lakes. golf course. etc.
8. Granting the \'ariance will be consistent with thc GMP.
The proposed Resolution was preparcd by tbe County Attorney's Ol1ice and is sufficient
J{)J' Board action. -lA.X
RECOMMENDA TlO'\':
Staff recommcnds that the Board of Zoning Appeals approve Petition VA-2007-AR-
1 1778. subject to the fo!iowing conditions:
I. The Variance is limited to a I .4-Joot setback f{)r the li'ont yard adjacent to Glades
Street. as dcpicted in the survey plat datcd January 31. 2007.
o
If the structure is destroyed J{)r any reason to an extent equal to or greatcr than 50
percent of the actual replacemcnt cost of thc structurc at the time of its
destruction. all :'ceonstructiol1 of the structure must COnf0I111 to the provisions of
thc Land Development Code in effect at the time of reconstruction.
PREPARED BY:
John-David Moss. AICP. Principal Planner
Department of Zoning and land Development Review
P<lge I nf I
COLLIER COUr\TY
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STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
DIVISION
HEARING DATE: OCT013ER 4, 2007
SUBJECT:
PETITION VA-2007-AR-11778 GENE SIlGUERO
PROPERTY OWNI~R/AGFNT:
O\NERS: Jose and Rosa Martinel
505 Madison \ venue
Immokalee, FL 34142
AGENT: Ckne Silguero,
(,MC I-Iomebuilders, Inc.
1434 Botanical Drive
Immokalcc, 1"L 34142
REQUESTED ACTION:
The applicant is requesting an aHer-the-fact Variance 01' 1.4 fl'ct from the minimum 25-t(lotlhmt
yard sctback requircmcnt for tbe Residential Mullifamily-6 (RMF-6) Zoning District, pursuanlto
Section 4.02.0 l.A. Tuble 2. I of tbe Land Developmcnt e(lde (LDe), 10 permit the completion of
a singlc-famiiy home that was constructed 23.6 fect from the ii-ont yard properly boundary.
GEOGR.A.PHlC LOCATION:
Thc approximately O.34-acre subject parcel is located at 50S Madison Avenue West. in the
southwest corner 01' the Glades Street intersection. further described as Lot 6, Block] 9 of the
New Market Subdivision, in Section 33. Township 46 South, Range 29 East of Immoknlcc,
Collier County, ]']orida (see location map on the following page).
PURPOSEIDESCRTPTlON OF PROJECT:
The subject property occupies the southwestern quadrant of the Madison A vcnue \Vest and
Glades Street intersection in 11111110kalee. Because the property abuts t\\/O roadw~IYs, according to
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the LDC, it is considered to have two front yards instead of one. When GMC Homebuilders
applied for a building permit to construct the single-family home on the subject property, both of
tbe 25-foot front yard setbacks required pursuant to tbe RJ\1F-6 Zoning District were sho\vn on
the submitted plans (Exhibit A); and building permit II 2006065111 (Exhibit B) was issued on
October 2, 2006. However, when the property was surveyed immediately prior to construction,
thc surveying company centered the proposed home on the subject parcel without taking into
account the fact that its "side" yard adjoining Glades Street was actually anotherfi"on! yard. As a
result, this yard was not given the necessary 25-foot setback for front yards as was given the
primary front yard facing Madison Avenue West. Instead it was given the same 23.3-foot setback
as its opposing yard, which is indeed a side yard. This error was not discovered until the spot
survey was conducted on January 24, 2007 (see survey included as Exhibit C). On January 31,
2007, the applicant had the propcrty re-surveyed to verify the accuracy of the foundation's
dimensions, and it was determined that the cneroa~hing yard was actually set back 23.6 feet (see
Exhibit D). Consequently, the app]ieant's only options were to raze the structure and rebuild, or
apply for an after-thc-fact Variance or 1.4 feet. Since construction on the house was wel]
underway, the app]ieant requested and received permission ii'om Building Review and
Permitting (see letter included as Exhibit E) to proceed with construction "at his own risk" while
Variance Clpproval was sought.
SURROUNDINU LAND USE & ZONING:
No~th:
East:
Vaeanl land and agricultural use, zoned Agriculture (A) and T"lobilc Home
Overlay (MHO).
Sing]e-family residence, zoned Residential Multi-Family Six Units per Acre
(RMI'-6).
Single-family residence, zonee! Residential Multi-Family Six Units per Acre
(Ri\1F-6).
Vacant ]ot and then a single-family residence, zoned Residential Multi-Family Six
Units pel' Acre (RMF-6).
South:
West:
Aerial Map
"4 ^
GROWTH MANAGEMENT PLAN ((;MI') CONSISTENCY:
The subject properly is locatcd within the Urban Designation, Urban-Mixed-Use District, High
Residential Subdistrict of the lmmokalee Area Master Plan of the Growth Management Plan
(OMP). This land use category is described as follows:
Hii!h Residenual Subdistrict
"TI,~ }.::',J.._ r .'.'. A,c'^n'^'''':l ,. ~:J provide a Sllhdistrict for higb-density residential
development. Residential dwcllings sball be limited to multi-family structures and less intensive
units, such as single-hlmily and duplexes, provided they are compatible witb tbe district. Mobile
bome developmcnts shall be permitted only in the form of mobile home subdivisions or parks as
defined in the Land Development Code. A density less than or equal to eight (8) dwelling units
per gross ac.re is pcnnittcd.'l
ZONING MAP
1~I/Ci<jUI: m~l.E !.WOOl.
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The GMP docs not address individual Variance requests, but deals with tbe larger issue of tbe
actual use. As previously noted, thc petitioner seeks an lA-foot Variance hom the li-on! yard
setback requirement for a single-family home thal is located within a singlc-fmnily home
neighborhood. As single-fUl11ily homes arc an authori/.t:'d use in this land use designation, tne
.5.
-"
subjcct use is consistcnt with the Future Land Use Map of the Immokalee Area Mastcr Plan of
the GMP.
ANALYSIS:
Section 9,04.01 of the Land Developmcnt Code gives the Board of Zoning Appcals (BZA) the
authority to l,'l"ant Variances. The Planning Commission is advisory to the B7.A and utilizes the
provisions of Section 9.04.03 A. through H. (in bold font below), as gencral guidelines to assist
in making their recommendation of approval or dcnial. Staff has analyzcd this petition relative
to these provisions and offcrs the following responses:
a. Are thcl'c special conditions and cil'cumstanccs existing, which al'C pcculial' to the
location, sizc and charactcristics of thc land, structurc or building involvcd?
Yes. The subject sitc is located. at the juncturc of two wads and, consequently, has two
front yards instead of onc. Because the surveyors of the site did not account for this fact
and instead centered the proposed structure on the parcel by providing approximately 23
feet on eithcr "side" of it, the dwelling is now 1.4 fect sh0l1 of the required ::>'5-foot front
yard setback aiong its Glades Street frontage, as required pursuant to Section 4.02.0J.A.
Table::>' ofthe LDC. As shown in the table below, all other minimum setback requirements
havc beenmct or exceeded. 11 should also he not cd that had the subject properly not been a
corner lot, the required setback would have only bccn seven and a half feet.
Minimum Yard Requircments of tbe RMF.6 Zoning District
per Scctiou 4.02.01.A. Table 2.1 ofthc LDC 1'05. Providcd
25 feet
Provided
25.3 feet (01\ Madison Ave.)
23.6 feet (01\ Glades St.)
23.1 feet
37 feet
7.5 feet
20 feet
b. Are there spccial conditions and circumstances, which do not result from thc action
of the applicant such as pl'c-existing conditions I'dativc to thc property, which arc the
sub.icct of the Variancc request'?
Yes. As previously stated, the surveying company encd in determining the setback for this
"side" yard, which, as defined by the LDC, is actually a front yard. Because of this
oversight, the northeastern portion of the house now encroaches 1.4 feet into the fl.ont yard
setback area.
c. Will a litcral interprctation of the pl'ovisions of this zoning code work nnnecessary
and umluc hardship on thc applicant or cl'eate pmctical difficulties for the applicant?
Yes. A literal interpretation of the LDC would create practical difficulties illl'lhe applicant.
Rectifying the l.4-foot encroachment into the RMF-6 7.oning District's required 25-foot
front yard setback would force a corresponding rcduction in the width of the rooms on the
-6.
c ~ .;"
northeastern side of this modcst, three-bedroom home. According to the applicant, the two
affected tcn-foot wide bedrooms would each have to he fUJ1her reduced to just seven feet
in width, rendering them practically unusable.
d. "Viii the Variance, if granted, be the minimum Variance that will make possiblc the
reasonable use of the land, buildin!: or structure and which promote standards of
health, safety and wclfare?
According to the petitioner, the lA-foot Variance is the minimum neces~ary to allow a
reasonahle usc of the two bedrooms on the affected side of the house. However, if the
Variance were not approved, the petitioner would still have reasonable use of the land.
Approval of the Variance would not have a detrimental impact upon the standards of
health, safety and welfare. As evidenced by the photo below, if the Vm-ianee were
approvl'd. the structure would still be set back a reasonable 23.6 feet from the roadway,
and would therefore not create any sight distance issues fell' motorists tmveling on Glades
Street or l\hdison Avenue West. Furthermo,'e. it w(luld greatly augment the supply and
quality ortlle available housing slo~k in the Immokalee community.
View ojf 23.6.illch setback tt/OIlK Glades Street,
{IS .,'eellfrom lUadison Al'cuue We,';! looking southwest.
e. Will grllnting the Variance eonfcr on the applicant any special privilege that is denied
by these zoning regulations to other lands, buildings, or structlll'es in the same ,.oning
district?
Yes. A Variance by definition confers some dimcnsional relief hom the zoning regulations
specific to a site. The granting of this Variancc request would allow the three-bedroom
house to have one of its n'ont yards set back 23.6 feet, which exceeds the 25-foot minimum
- 7-
>~;t ~:Gf"::',
front yard setback requirement of thc RMF-6 Zoning District by 1.4 feet. Although no
similar Variances have been granted in the immediate vicinity of this neighborhood, it
should be noted that, because the preponderance of these homes were constructed in the
early] 960s (before the establishment of current setback standards), not all of the corner lot
homes in the neighborhood meet the 25-root setback for their secondary front yard, For
instance, the propelty sharing the subject propeliy's southwestern boundary, constructed in
1961, has a smaller setback than the one being requested. Although County rccords for
structures from this era do not contain the actual setback dimensions, the reduced setback
orthis house is substantiated by the aerial photograph below.
Aerial depicting setback ofncigltboring structure on the COTner lot to the southwest.
f. Will granting the Val'ianee be in harmony with the general intent and purposc of this
Land Dcvelopmcnt Code, nnd not he injurious to the neighborhood, or otherwise
detrimental to the publie welfare?
Yes. The proposed Variancc would allow the applicant to complete the construction of a
single-ramily home, which, as mentioned in the GMP pOltion of this repOlt, would bc
compatible with neighboring uses. Approval or this Variance would not have all injurious
effcet upon the neighborhood, nor would it be dctrimental to thc public welfare. As
previously noted, thc reduced setback would not crcatc allY sigbt disIallce issues on Glades
Street or Madison Avenue West, and the Variance would cnable the immediate occupancy
of the home, thereby increasing the critically short supply of lie '.'I' housing ill the Immokalcc
community. Moreover, as seen in the photo above and on thc following page (of the only
two neighboring properties along Glades Street), the Variance would not be a significant
departure Ji'om the established setbacks and would be in harmony with the purpose and
intcnt of the RMF-6 Zoning District. FUltherll1ore, both of the impacted neighbors have
provided staff with 1ctkrs in support of the proposed Variance. (The only other parcel
- 8-
abutting the subject property, located to the northwest, is vacant and owned by the
applicant's agent, GMC Homebuilders).
Neig:hhol'ing hOllle located across Glades Street.
~ .'
Neighboring home located behind subject site.
~. Are there natural conditions or physically induced conditions that ameliorate the
goals and objcetives of the regulation slIeh as natural preserves, hIkes, golf courses,
etc. ?
Yes. As shown on the survey pb on page three. the subieet prop~rty is a eon,er lot and the
area ofthe lot for which the Vmianee is oeing requested abuts Glades Street, a 60-foot wide
roadway. Because the subject property's boundary line begins 30 feet 1io:11 the edge of
pavement on Glades Street, with the structure itself situatcd another 23.6 feel from the
property boundary line, there is a considembie scparation between tbe fapde of tbe house
requiring the Variance and tbe closest neighbor situated across tbe street 10 the soutbeast.
There/ore, the reduced setback being requested would bave a negligible impact on the
subject property's most affected neighbor.
h. Will gl"anting the Variance be ,'onsistent with the Growth Management l'lan?
As already stated in the OMP Consistency portion of this report. the proposed single-family
use is consistent with ;he lmmokalec /\1'ea MasLT Plan of (he G!vlP, and approval of this
\'arianGc petition \vou1d have no impact on the GT\1P.
b"" 1l,'JNMENTAL ADVISORY COUNCIL rEAC) RECOMMENDA nON:
The FAe docs not normally hear Variance petitions, and did not hear this Variance.
RECOMMENDATION:
Staff recommends that the Collicr County Planning Commission forward Petition V A-2007-AR-
1] 778 to tbe BZA with a recommendation of approval subject to the following condition:
1, The Variance is li!nited to a 1.4-foot setback for tb~~ ii:ont yard adjacent to GlnJes Street)
as depicted in the survey plat dated January 31, 2( J7,
- 9-
^ ,
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2. If the structure is destroyed for any reason to an extent equal lo or greater lhan 50
percent of the actual replacement cost of the structure at the time of its destruction, all
reconstruction of the slrueture must conform to the provisions of the Land Development
Code in effect at the time of reconstruction,
PREPARED BY:
rkj-~
~:-~TD MOSS, AICP, PRINCIPAL PLANNER
DEPARTMENT OF ZONING AND
LAND DEVELOPMENT REVIEW
1//g/o1
DA11~
. REV(~Wfr. ~y,: f. _~__
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J~rjJr\
JEFFRE! . :"\.. KLAirt,KOW
MANA lNG ASSRSTANT COUNTY ATTORNEY
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RA YMezm . BELLO\";S, ZONING Mt\N-AGER
DEPAR fMENT OF ZONING AND
LAND DEVELOPMENT REVlEW
/ !
QI?J/7
DATE! (
~-(:f I O--~)_
DATE I
Jj '..Ad.., Vn .J-m~
~~ Y-ISTENES, AICP, DIRECTOR
DEPARTMENT OF ZONING AND
LAND DEVELOPMENT REVIEW
C} 0C;//;;,7
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APPROVED BY:
~7
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(~--/i/ L~
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JOSpPlI K. SCHMITT, ADMINISTRATOR
</({M1\tfUNTTY DEVELOPMENT &
ENVIRONMENTAL SERVICES ])[VISION
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__';1/;'::21 11}/
DATJ?T
Vv I (JJJ~ P ;JtFJ~
MARKf. STRAJN,'~H~A.IRMAN -
10 1(1 /0'7
DATE
Tentatively scheduled for the November 13,2007 Board of County Commissioners' Meeting.
-10.
RESIDl::NCE: HARTl NEZ :\iI05/GHC HOHES
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Exhibit A
10
30
50
SCI_F ["=20'-0"
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
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PERM IT
PERMIT #, 20060fi"1.11
ISSUED: 11~30-06 BY: HILLCAROL
VU'\-"TER~ 2006065111 COA II, 06--1537
PE~T_ TYPE: BR2
APPLIED D'_l'E: 06-29-06
VALID #: 111
APPROVnL DATE: 10 -02-06
JOB ADDRESS: 505 MADISON AVE W
---------- ".----
JOB DESCRXI?TIONl CBS SF HONE 200 Al'1PS
JOB PHONF,: 12391340--2254
SUDDlvrSloN #: 1305 - NeV\T M<:n:ket BLOCK: 19
!LaoD_J~~.~....:. 0150 ZONE: D ELEVATION:
FOLla #: 0000003856280000 oF.CTION-TOWNSIlIP-R,-'\NGE J3 46 29
l,Ol': 6
O~'~ER INFORMATION:
MARTINEZ. JOSE M
ROSA G 11ARTINE~
11626 LIT'l'LE LEAGUE RD
It'1MOKAL~S, FL 0 J/l1f1.2'2487
CONTRACTOR_~~~ORMATION:
G M C HOME 3UILDEP.S. INC.
3900 COJ.ONU.L Sf"VD, 112
FT. NYEH.S, FL 13912-
CF.P.TI?ICA'l'E #:
27024
PHONE: (239) 278-0704
F~C CODE: 101 - E/SINGLE FAIVlILY DETl\CHED
~yN:::TP,LTCT:~?]~__r;:gi!_~-.:.. REIE ,I CES/i1.ES 2003 - TYPE V - UNPROTECTED
~Q?__~i,:L~E; J"l~-;.OO().OO 'l'C'l'J'.L SOFT: 1.689
'3l.:.:'.!.'DJ\.CKS P'}{ONT: 25.00 PF;AP,: 7.::.0 :WErT: 2:J,no
,)E\tlEF~: lJ',1.t>1 SEPTIC N Kl\-'l'EE: Dflvj
~_Q~l'l'}"\~'l' NN1Ei- G;E~NE
CONTACT PHONE: (239) 340-2251
lUGHT: 7.50
VI'l:.:LL N
Per Collier County Ordinan~e No. 2002-01, as it 1ll8Y be amended, all work Hlust comply with all applicable laws, codes, ordulances, nnd ~I1lY additional
stipulations or conditiuns ofdus penn it. 111ispcTI111l expires if work auulorized by the pcnnlt is nOt cmnmenced within six (6) months from Ule date of
iSSUfUlce oftlle permit Additional fees for ruiliIlg to obtmn pennits prior to the comm~nCI.:IIIcnt of construction may be imposed, PcnnHtee(s) furtht.-'1"
ullderstnnds (hilt any contractor that may be employed must he a lic\..1lscd contractor and Ulat the slructurc nlllslllot be used or occupied un~l a Certi1icnlc
()ccuj),-U\t,;y ]s issued,
NOTICE: PRIOR TO THE REMOVAL OF ASBESTOS PRODlICTS OR TilE DEMOLITION OF A STRUCTURE, FfWERAL
AND STATE LAWS REQlJIRE TilE PERMITTEE (EITHER THE OWNER OR CONTRACTOR) TO SUBMIT A NOTICE or
THE IJIiTENDED WORI( TO TH~: STATE DEPARTMENT OF I;NVmOl\'MENTAL PROTECTION (DEP). FOR MORE
[I\PORMATION, CONTACTDEP AT (239) 332-<i975.
[II addition to the conditious of tlIis pCI'm it, the.re may he additional restrictions applicahlc to this prOperl)' tllllt Illay IJe found in tl
pu bHc records of this county, and thel'c may be additional permits requil'ed from other governmental en lilies such as wHtel'
management districts, state Hgencics, or federal awncies.
WARN ING TO OWNER: YOll R FA ILURE TO RECORD A NOTICE OF COMMENCEMEl\
MA Y RESULT IN YOUR PA VING TWICE FOR IMPROVEMENTS TO YOUR PROPERI'Y.
YOU INTEND TO OBTAIN FINANCING, CONStl L1' WITH YOUR LENDER OR AN
ATTORNEY BIGFORE RECORDING YOUR NOTICE OF COMMENCEMENT.
Exhibit B
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Exhibit D
I.I
-
GMC HOME BUILDERS, INC
~~i.W']'NW~l~~\~mkllf~Bl~&~.~l11
1434 Botanical Dr
lmmokalee, Fl14142
rhnn~: (2'19)B67.()704
PilX; <239)%7-0708 (ax
[.mail, l,'ll\llld~r>.@.nvtla,rr,com
Collier County Pcmlilting Office
Permit # RES20060(,5111
RE: Varicnce Reque:;t
Dear Mr:-;. Alamar tinnigcn,
'/006>..06"5111
c'-
This iettcr is LO inform you that GMC Home Builders, Inc., wjshes to continue wiHl constmction on permit H RES206-065111.
This project is lo=:;ated at 505 Madison Ave, lmmokalcc,
We understand that there is n risk that the varicnce may not be granted,
If you have any questions please [ecl free to contact me at 239-340-2254,
Si?ccrcly, A c~() .
. ( ;() L . c,J;J
~ero
_~_' t:'
President
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Exhibit E
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REoOLliTION 07 -
A RESOLUTION OF THE BOARD OF ZONING APPEAL.S OF
COLLIER COUNTY, FLORIDA, RELATING TO PEnnON
NU1vffiER VA-2007-AR-II778, FOR AN AFTER-THE-PACT
VARIANCE 01' l.~ mET FROM THE MINIMUM 2S-FOOT
FRONT YARD SETBACK REQIJIREMF,NT, FOR A SLNGLE-
FAMILY HOME CURRENTLY UNDER CONSTRUCTION LN
THE NEWMARKET SUBDIVISION, IN IMMOKALEE, ON
PROPERTY JlUREINAFTER DESCRillED IN COLLIER
COUNTY, FLOIU[)A.
WHEREAS, the Legislature of the Stale of Florida in CbaplCI' 1:2.5, Florida SUilulcs, has
cOllferrcd 011 all counties In Florida the power tu establish, coordinate and enforce zoning and
such business regulatiom as arc ne(:essm'y for the proteclion of the public; and
\V1lliREAS, tbe County pursuanl thereto has adopted a Land Development Colle (LDC)'
(Ordinance No. 2004-41, os .llmended) which cSl<lbJishcs regulations fur the zonillg of particular
gt:ographic divi8iL)ll~ of lllt, County, among which is lile granting of variances; and
V.,'HEREAS, due to a survc>ying error, Pelitiuner is constmcting a single fumily hou,<;('. on
it 0.34:t Hcre Sltc with a 23.6-fool froll! yard :;cLback m: shown on the attachcd plut plnn "/\,"
which is 1.4 feet short oJ l!i{', l'~qnired 25 foot SC:klCk for this 1.:?vlF-6 Zoning District, as
provi(kd by SC~liot1 4.02.01./\., T,IOk 2.1 of the I,DC; and
WHEREAS, the lloard of 7,oning App:.:als has held <!. public hcrH1Jlg after notice as in said
regulation:;; made and provi(kd, <Iud has cOllsidsrcd the advisabiJily of the rcq~lcstccl aflcl'-tlw-fact
vanancc or 1.4 feet from the minimum 25-1"00! front y,-lI'd ~clback requirement, and has found as
a 111<:ltlcr of [act tbut satisfllctory provision and arrangement have been made concerning all
applicable matters required by said regllJll.tiom; and in accurJnnce with Section 9.04,00 of the
7011ing Regulaliom of said Lllld Development Code for the unincorporated area of Collier
COUllty; and
V\.lUfW,ljAS, ull inleresled purlies h,we been given opportunity tn he heard by this Boord
ill puhlic IIlCl',ting Hsst'mbled, <lnu tlll; Board lHlVill['. considered till matlcf& Pl\~Sclltcd.
NOW, THEREFORE, HE IT RESOLVED BY 'HIE BOARD or ZONING APPEALS
01; CO:.l ,lER COUNTY, FLORlIJA, that:
Petition V ^-1007..AR-11778, filed hy Gene Silgu<:.:i'O of GlvlC Home Builders, with
respect tll tlit properl)' dcscriheu as 13luck It), Lot 6, Dr the Ncwm~lltet Subdivision located III
Imraokalec. ill Collier COUllty, Florida, he <tlld ll1c S~lllle h:.:n;~hy j."; approved for <in aflcr-lhc,.fnct
variancc of 1.4 feet from the miniulUl1l 25-fool hOlll Y<trd sclback requirement for the Residential
MuJtif!llllily-6 (RMl<'-6) Zoning District, as providr.::c! Cor in Section 4.02.01.A" Table 2,J of the
LDC, sllbject to the c()j]diliolJ.'> contr1ined in Exhibit "B."
Page 1 of 2
BE IT FURTHER RESOLVED lhal tllis Re:solution relating 10 Pctilioll Number V A-
2007-AR-11778 be recorded in the minutes of lhis Board,
This Resolution adopted after motion, serond nod majority VOle, this __ tby of
~____.__~, 2007.
ATTEST:
])WIOIIT E. BIWCK, CLERK
BOARD OF ZONING APPEALS
COI.!.mR COUNTY, FLORIDA
By:
By:
t D~pl1ty Clerk
.lAME;'; COLe'ITA, CHMRMAN
I\Ppr().'.~d. Wi t(.~' 'm
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Page 2 of 2
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CONDITiONS 011' APPROVAL
V A-2007-AR-11778
]. The Variance is limited to a lA-foot setback for the front yard adjacent to Glades
Street, as depicted in the survey plat dated January 31, 2007.
2. If the structure is destroyed for any reason to an extent equal to or greater than 50
percent of the actual replacement cost of the structure at the time of its
destruction, all reconstruction of the structure must conform to the provisions of
the Land Development Code in effect at the time of reconstruction.
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
-' (1 ;~; -':C"l, -.
(i)
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 403-2400 FAX (239) 643-6968
VARIANCE PETITION APPLICATION
(VARIANCE FROM SETBACK(s) REQUIRED FOR A PARTICULAR ZONING DISTRICT)
PETITION NO (AR)
PROJECT NAME
PROJECT NUMBER
DATE PROCESSED
ASSIGNED PLANNER
VA-2007-AR-11778
GENE SILGUERO VARIANCE
PRO,J1KT 2007050004
IIATE: 5/22/07 DUE: 6/(i107
.
/:/ [Jove to be complefed !.JY sLqff
c.
APPLICANT jAGENT INFORMATIC)N
._:J
NAMEOFAPPLICANT(SI_GJ\J\C- 1-j"""Cet,;ldpr~;>. _._
ADDRESSL#?4..6o~/C"" Q bf2..~ CITY:J;JtIP",k,'!,( STATE r;z: ZIP '!'7',/4L
TELEPHONE tfjYjJ,f~o 704 . .CELL #(i.-;J'fY5'-10-l ? C;4-JAX ~~2- () 70ff
E-MAIL ADDRESS:
NAME OF AGENT C:.WR 'Si-LJ1A(rcJ _
ADDRESS/.:/'?4 6,;t""I1J'('c.-l U.,-__CITY~STATE.
TELEPHONE #--/c{..7-(l704 CELL # __5'10 <! 2\4-. FAX #
E-MAIL ADDRESS:
,-c/ ZIP J~i/'L-
/c:;: ?-07 0 J>
l
J
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF
ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLlANCE WITH THESE REGULATIONS.
VUI;ancc Applicntioll rev, 12123104
- ASSOCIATIOrilS,
-
-~
Complete the following fat all Association(s) affiliatod with this peTition. Provide additional sheets
if necessary.
NAME OF HOMJ:OWNJ:R ASSOCIATION:
&
MAILlIIIG ADDRESS
CITY
ST ATE
ZIP
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS
CITY
ST A TE
ZIP
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS
CITY
STATE ZIP
NAM: OF MASTER ASSOCIA nON,
M.ldLING ADDRESS
CITY
STATE
ZIP
NA/;,E OF CIVIC ASSOCIATION:
MAILlIIIG ADDRESS
GTY
STATt:
;::IP
PROPERTY DESCRIPTION
Legal Descri.ptirm of Subject Vrop<.'-flY:
SoctionjTownshipjRonge 31 L!J,fj Zq {{. Property I.D.#:f t: 'Lf )~2"
/
Subdivis;ol1'J4&-Lt,fa..rV~f^ Unit Let: (",
5' ()() C) &__
Ble:k: I q
M!?tes 3. Bounds Description;: __.
), ,_,I
.'-:\..CTcage -13-:::-'- '") .:.r
Addre~~ of Subject Propeny (If di:-lc:rci1t from p,.:;ritioner's urjdrt:s~;);
VtlnHI.'~<; ,<!"pp',ic\\\ion rr;W ::Ll2.1!C'</-
8d
80Lo-L98-68<:
s.lepl!na ewoH 0 1^J I)
"89:01 LO LO des
s,~. 7. 2001 '.42AM
CDES R!COROSISCANNING
No. 2:;15 P. T::c2
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Front: '4 :2
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. Cornor tell
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" ':.~,;~; ,'::~l. ~- :~T: ~:~:,;:>~,\', ::\1' :,;',:'i.. ",'\';'~ :
PrlOJVidw'g dlnailed explanGtion of th. ntqUMt inclucllnSl whcrt muclure,- are eXi5ti"1 and whet j, propDSed;
the amDImf Qf encroachment propor;.a using numbers, T.e. red,," front setback from 25' to 18'; when
property ..w~or pur.....sed property} wh.n .,d..in, principal ._... was b"i" (in.lvclo buildin~ permit
nliolmber (d if pDulbl"'h why ~(fOQ,hJTM:nt ;.. MteUo.-y; how existing .neroocbment "mtl to> be; etc.
FDr proim; Qvtn9riud "'r'l:dCf t.1>C S~I;'f~l;," 9,Q4.C1, pro>vido cei'Qil&d duuiptlan of 5ite: alteraI1Dna;,
In,luding any clr...sins and flllin;.
\rJp OYf n<;t-:'\'j fl>r ClVo.,,,jO,,d I'll Q.. ree;;4hJiA.{ 11A;Y\.<J !r)('d4~
I\~ ::L;"'''l-Uwltl' , ~. ~(V(-'10r" ;;hkt.LJ{J.M<...Y hfMld,'lIti (I~)n!lX.s
S~ :J 1t~ f(li'~ ~e ~5r1d -::-+it -J1u b~ldA'~r~ or:~<'S 1
S.",u..J-!W'1 t'lIVl pni/llJid .)1,,.,R ~I1.US fJ-f- J.I../ '1-1 /.lIe
(;ntlr'lw.,u/ , .Jtl f .f\/fre {L.j- 171' 'B(/VW\ '.-kj e - r.}-~ . -t-Im L
"Ie. ret-le..-vd +hi c:,11XVt~ J.+h~'5 ;~ WheA1,We.. rJ'l--hcd 4
-tilth ~J\lrl ~(,~ ~~S il: r~ ~~.~-I- ~~:~ ~& '~s 1i1. s
..kuru..; j S ~ (0 I 'lli (\ 12" -l-+-; H 5' J...j" ) 1..0 ; ~v ...S-h-(/'ov\.... ~
<?',rI{> A+ ~v \'\ ~~ \JJJ&IJC\ \-!_",-ve +0:J.. _ btdnro'1L': _
~hc-l-- Sloe OG~ 1 IF _~f,
PI"",. nolo that olaf! and th. Collier County PI,onning Comml..lon .hall b. guided In !heir r.""mmenaallcn to
the: B-oard of zotli~ Appeolc.1 ol'td rhat the e.oard Qf zonl"G appeab sheall be: elJid~d tn lts eietermlntltiQrl to
approve or de-n)l' 0 vorlof'!l:e petitton by the- beloW' li~HHJ crita-rla (l..8). (Pltt:lte ad:ireN mese enteria \Ising
oddilKmal pao'" If "",."arj'.l
VtTiLtl;q AppU-uOOo lVI', 11123104
Pege J oP
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SOLO-L9S-6SZ
sIeplln8 8woH :) IIJ 8
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D3/87/2~D7 09:52
22~b~35'3b8
COLLIER cry zmW4G
PACiE :'EJl-/Ell"
1. Are there ~p~iol lXal"l-dftlons ~nd clrc:um~ta,.,\':@~ 1!~lrtlntJ whlcn 1I:m'~ peeullar 'iI;l 'h~ h:x".otlon. 51:::!! and
chorOCl'$riSlic of the fond, ~trt.rcturel Ot" bvildit"fg tnvolYE!od.
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I \I.~'
~ M-cl S
10-1-
;~c/
2. Are tMrf! special COfIdn1on! and circumstances ",,"im de not te5tllt from 1he action of the cpplicor\t
suet! os: flre,,!:'xlsting oondltioru rekttive to the prcpCf'ty which !s me mbjed oi the variance request.
I 'I'!LI . {al ;1 Wtt/L.l.t?...
S/"Ilr.f 1)1 .y '-C lJ)7 ..Hu -/c,Jd
.bid ( 0 ..p -/-11..) hrru \. .e-rir I l~rJ! c%f 1Tl' S We.re
oll__b.../A //1) ,"11cJJ 5 hi ..}'h~ ~l!.t___:h{.J (.t.e.
(. r'J-r :l1."j C;lv{vf)..1 ,btJ I' \( '"jt ^ \Neff! Ii J,r~""k1 0-* -h {:
J ()' I
Otcvw\. ,
3, Will 0 ;jnxol interprelation fJf flu: provl:;i-Dn~ of til" .oning ccdo work \lT1nC'ro:;iory ontll.lodl.l'e
hardship Of! the appll,:Qnt or creole prOCliCCTI c:iifficvlt\e~ Oil tf'!.& O'pplitant,
Yes ;./' we f'!J.d- -kj.J Sidf rJ:- ..(.t,/ h o~.s~ -l-kr",k is
. !f.p' l\\.deC:: sk...od- n.f .H'-I Se+ v....dc ,-~i(j rtr1''1lS
,W" II ,h-t (; hrJ1vf 7 H. IV;d I, S[nu...-f{il $;') (L os liud
a .f(on~k bl( ~ -H.ux... is\' 0 r 0"""'- .fiJI' iL Pel;.,,), C ~ I a. dj I'S{;.....~.::f
4. Wlll the ToriClfJC:e, if ~rOl"lted, be the minimt.tm .....oriOr'\ce th01 wjll 'I"I"Io\ce p-o$$ib-Ie ';,e- re050rlrlble U$'E! of
1he ICI"d, bullding C)f ~trUC'fvrs o"d whidl promote UCI!'ldords of heclth, safcty or wolfare.
,Ir:; I ht>rnH~.( -/1{)''3,
jjH.l't is f1kl- <:;\d),(';iA,,(
~~ ~~;6~~:~
i <; D. ~Jl rA. -(,hd <eMf /u"",e
r(7tJ}lL_-b:L~.
1- C-r<vt.$ +o.Q 2-n,,"( I
/f'dve
5. Will gronting fu, "'arlol1tB rlIquesttrd confer 00 the pe:Htioner any special privil~'Uf) tholls denied by
Ihe,>eo zoona r1!:gulo11onl to olr.er lands., building'>, or s1rocture~ in 1he mme o:oning dfstrict.
i[1Pxc:
JtlYll+
..:rkuj (
(ue 011"-./..1' /t.cn1.<...l c;
0tPI4-'/ +0 ho..4f
~'nVJ:- ~~..,
;BJJ-l Q.JZa -117;+
...a.s:~_ spJ\X(:k-c, Lie...
Y~rilll'.l::r'!\l1f11ir':ttilm fCIo', n:;:3f1J4
f'1lt~'" ~f7
S'd
SOLO'L9S-6SG
slepl!ng elllOH :) V~ 8
\3SS:0~ LO LO des
6. V.frll granting the variance be in harmollY with the intent on.d purpose of this zoning code, and not be
injurious to the nelghborhood, or otherwise detrimental to the public welfare.
-:Iii .e.. q nUL,'/-' "J
_ifj ti",ItM/<! ()-,
of-
IItP /M.,r/a.4t Of
IVoUj
w//( nu.:t----!u-
OAf/,j
(
7. Are there natural conditions or phy~kall)' induced conditiollS that ameliorate the goalr. and
obiectlves of the regulation such as natural preserves, lakes, golf courSG, etc.
no
..--'--------.---,-.--
l3. Vv'ilt grr::mting the variancE bec~nslstent with the gr:nvth nlanC1gemenf plan.
-*.Q,
BE ADVISED THAT SECTION 10.03.05.6.3 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 mE BOARD'S FINAL ACTION ON THiS ITEM, PLEASE REMOVE ALL
PUBLiC HEARING ADVERTISING SIGN(S) IMMEDIATELY.
Variance Applkzlion ~y, 12!23/04
g'd
80LO-L98-68"
S.lSPl'n8 GLUOH :) l~ D
BvS:OI La La des
. COLLI~R COUNTY GOVERNMENT
OEPT OF ENGINEERING SERVICES
WWW.COLLlERGOV.NET
(i)
AFFIOA-VIT
K~ ~rnNL2...,
Wel" <:'i0'C\f', fill - Mav+;'Ylf'7 being first duly sworn, depose and say that
well amlare the owners of the property described herein and which is the subject matter of
the proposed hearing; that all the answers to the questions in this application, including the
disclosure of interest information, all sketches, data, and other supplementary matter
attached to and made a part of this application, are honest and tme to the best of our
knowledge and belief. Well understand that the information requested on this application
must be complete and accurate and that the content of this form, whether computer
generated or County printed shall not be altered. Public hearings will not be adverlised
untif this application is deemed complete, and all required information has been submitted.
AsproperlyownerWelffurtherauthorize GrnC HtwYle... ~\de0, IhV.
to act as our/my representative in any matters regarding this Petition.
2800 NORTH HOP.SESHOE DR.iVE.
NAPLES, FLORIDA 34104 :' <_
(239) 213.5866 FAX (239) 53()..6201
... ~ : - .-~_u~=~-__ ~::- ~ I
..J -;?~) -7 .-+~ 7
C)t-:LP / ,> /, .....;:I-A'7.-~,t.U.l~L) /
signature of Property OWl-h~r
-1// aA / / 1_
/1 Jl<JJ2/-~ '/'1Q~
Signature of Property oJvner
-Sc-~ M - M.CLrlM Y\.e2
Typed or Printed Name of Owner
~0 ,
1<o~ \\~Ov<-\--';Re-L
Typed or Printed Name of Owner
The foregoing instrument was acknowledged before me this ~ day of
l\Aa \r( l~, 20.fi], bY:Yl'P,P. tv> - M()-Y~'\l\''i E' 7 who is personally known to me
or has produced as identification.
..--
State of Florida
County of Collier
~ TAMMY S. YZAGUIRRE
MY COMMlSS10N # DD]02443
,,~ l!KP1Rl'll: April 07, 200S
l~A:li.Y nNoc.yDi~IN.soc..c...
Notary Stamp
Page 50f 6
1\np<1!"""",..~~.tIOt/ll<l\l_~'''''~'ldo<lmem>f~"pIko_",~4l706l.Ooc
l
.)itil~GU~:.!l~b~,~~1<
';;t0~jf("1f,
~
t
!
"-----""T
JC ~J~- .., i
METRON
SURVEYING &1. h1..A.PPING, .LLC
~,"".,="',~ '_"'~_~~'n_""...~,._.~_",_,"_""...,,,"~,,,,..._,"W'C"~""""'_"'~"....~~~",.~
LAND SURVEYORS' PLANNERS
DESCRIPTTON
OF A PARCEL OF LAND
L VING IN
SECTION 33, TOWNSHIP 46 SOUTl-l, RANGE 29 EAST
COLLIER COUNTY, FLORIDA
(LOT 6, BLOCK 19/GLADr:S STREET, !'YEWJ\1:AKU\ET SUBDIVISION)
A PARCEL Of LAND LYING IN THE STATE OF FLORIDA, COUNTY Of COLLlER. SITUATEDIN SECTION 33,
TOViNSIIIP ~6 SOUTH, RANGE 29 EAST, BEING PART OF THE IJGHT.OF-WAY OF GLADES STRLET (60 FOOT
PUBLlC RrOUT-OF- WAY), J\EWI,1AFJ<:ET ,: lIBDfVTSION, ACCmmn0G TO THE ',lAP OR PLAT THEREOF, AS
Itr;:CORD?D IJJ PLj'~T BDDK 1 :\T PhCE3 lO~ _'\.!-..J!J 1(1:5 D< 'l'I-:!'E rUDLIC~ I~b:;ORDS UF '::~O:LLILR cO~n,ITYl
FLORTD/I, l,ND BEINC JdUKE PARTICCLAf.l)' DESCIUBED fl.:) FOLLC1V\,'S:
BEGINNING AT THE SOUTHEASTTIlI.LY CORNER Of LOT 6, BLOCK] 9, OF SAID NEWMARJ:ET SUBDfVlSlOi,;;
THENCE NA5054 '50"W. ALONG TEE EASTERl Y LIKE OF SAID LOT 6, BLOCI,- 19 AND THE ViE,;TERL Y IUGHT-
OF-WAY LINE OF GLADES STPJOE'F, A DISTANCE OF 1';0.00 FEET TO TIn:: NORTHEASTERLY CORNER OF
S/I.lD LOT 6, BLOCK] 9: Tf-TF(\}CE N,4'f'05'}O"E" A DF:TA_NCP OF] ,-15 FEET; THENCE S,45"5,j'50"E.; A
DISTANCE OF 150.00 FJeFl; THENCE 544005'] O"W., A DIS'rAJ,CE OF 1.45 F'SET TO THE SOTJTHEASTElI.L Y
CORNER OF SAID LOT G, BLOCK i9 AND THE POINT OF f:Ji;GINNING.
PARCEL CONTi'Jl0S 217.5 SQ1JAI\E FELT, MORE URLr,;s.
SUBJECT TO EASED/lENTS, RESTRICTIONS. ){F.SERVATICJNS AND mGHTS-OF-W A Y OF RECORD (\\1ZlTTEN
AND UNWRITTEN, RECOlillED AND UNRECORDED).
BEARINGS ARE BASED ON TIm EASTERLY Ln~ OF LOT 6, BLOCK 19, NEV..MARKET SUBDIVISION AS
BEARING N.~5"54'50"W.Accorilln~G TO SA lD PLAT.
Cerllflcarinn :fw BOllndilry D~sc:ipli[)n
SlIn'eyor A.J\:'D MBppc.r in Hespoll.iblt Ch<lq~{,:
Dt:lli~ J, O'COlJllCIl, Jr.. LS i\'.'i4JO
lVidron Stll'Yf':;\'illr,S;;:."I'.1.~.rping, LLC, LD t:70'11
109'/0 $, Clt,:}\diilici Ave" Gmt,--, liG{15 __
FC1TtMYCl'SC.2W.-39071' /----. '.} ...",.,-Ji
~) "/./ ,,"
. ------ ///
,",' -- -'
.,jl"~IN;. :;:~::> _~---
" ---- .~^?::
Dat~: ,j~/:Z-;~.7. f..,.,//
-.---- J ,---'~.+---'--
SH::ET 1 OF 2
[16.::1 :';;;<1 DEDC.doc
'10970 S. CLEVELAND AVE:, SUITE -#605. FORT MYERS, FLORIDA 33907 .. PHONE. (239) 2'15-8575 I FA>~ (239) 275-8457
WWW,metr'Onfl,COlli
Return 10:
Name:
Addrcs"
Leab Bonilla
Corpor.tc TItle Ialurance, Ine.
1227 SE 47th Stretf
SuiteD
C.pe- Coral, Florida 33904
3885987 OR: 40B'i'P(f 4087
RlCORDID iD OlllCIAL RlCORD5 of COLLIll CODIT!, 1L
08/11/2006 at Ol:OlPK DVIGffJ B. BRoer, CLBlr
UC!l!
DOC-,7D
18,5L
.70
This Instrument Pttparnd:
Leak 000111a
Co~l"IIte TItle inlurance., IDe..
1227 SE 47111 Street
SuittD
Cape Coni, Florida 339'04
as a necessary incident to the fulfillment of conditions
contained in a title insurance conunitment issued by it.
letD:1lD 11/1121155
CORPORA!! flfLI Il5DRANCB
1227 51 17fB 5f '0
CAPB COIAL 1L l19Dl 9629
Property Appraisers Parcel LD. (Folio) Nwnber(s):
520300 19 61E33
Grantee(s) 8.8.#(s):
File No:6-1139
CORRECTIVE DEED
I
· This corrective deed is being recorded tO~HflaW;crtain Quitclaim Deed recorded in Q,R. Book
4006, Page 3906 in the Public records K~~-R:oGn6il~a that did not refl""t the non-homestead
clause or marital status. O'V~Y)>~
():/' "r
Tbis \Varranty Deed ~~f J e, 2. 6.u; Nora Martinez hereinafter
called the grantor, whose po 0 ce ~J$=l!. \), ' '. /' lee,
'2J.Qo.... 3L\1 . I~m 7\
to Jose M Martinez and Riosa a f ez os '1 ad ess is: 4626 Little League
Road, Immokalee, Florida\G4 . th t k:
\' '1: ~
,~, &k '"V
WI1NESSETII: Thai said granto;- and in con5ideratio~' S $10.00 Dollars and other valuable
considerations, receipt whereof is h ~ eknowledged. hereby sO; gains, sells, aliens, remises, releases,
conveys and confirms unto the grantee, n " rt3in land situate' ~ County, Florida, viz;
Lot 6, Block 19, New Market Subd; . ~~,~ plat thereof recorded in Plat Book 1,
Pages 104 and IllS, Public Record. of Collier , lorida.
.,/
The oroperty i. not the nomestead oftne Grantor(s),
TOGETHER with aU the ten:::ments, hereditamenL'> and nppurtenanr:es 1hcreto belonging or 1n anywise appertaining.
To "Rve .nd to Hold. the same in fee simple forever.
A.nd the grantor herehy COVCfll1I1ts with said grantee that the grantor is lawfully sei~ of said land in fee simpie; that the gramor
ha.~ good right and lawful authority to seE Hnd convey said land; that the grantor herehy fully wa.'nmts the title to said land and
wiH defend the same aga.inst the lawful claims of un persons whomsoever; and that said iand is free of all encumbrances, except
La;; ~ uc....-ruing subsequCflt to, reservations, restrictions and casemenls of record, if any.
(!he lemzs "gralllo,," and "grantee" herein shall be construed to include all Kenders and singular or plural as the context indicall:.s.)
10 Witness Whereof, C'rranlor has hereunto set grantor's hand and seal the tiny and year first 8\)1"."... urritten,
VA-2007-AR_II778
GENl<: SILGUERO VARIANCE
PROJECT 2007050()04 .
1M TE: 51'1/07 D
-. VI<:: 616/07
*** OR: 4087 PG:;4b3a;~~*f
-a;]c,:,,,:, Ji':'
MUST HAVE TWO
SEPARATE WITNESSES
Signed, sealed and delivered in our presence:
Witn08SSign.turc:~~ ..
STATE OF FLORIDA
COUNTYOF c..O\\'U
My Commission Expires:
1/:;"0/07
Ko~~ Q- S;,l.SI.J..S..KU
Printed Name:
Notary Public
scn;U-a
j{g,~~~:Q(
'1 till) ~11WalD7 I
I Iif..~ -1I:lX.IQIl I
:<OOO.5"1lI4) _~_,Ino. ,
.'''....._ L1L I .........___
ADDRESSING CHECKLIST
Please complete the following AND FAX (239-659-5724) OR SUBMIT TN PERSON TO THE ADDRESSING SECTION. FORM
MUST BE SIGNED !JJ' ADDRESSING PERSONNEL PRIOR TO PRE-APPLlCA710N MEETING. Not aJI iien" will apply to
every project. Items in hnld type arc required,
LEGA L DESCRIPTION or suhiec! propelty 0'. propelties (COfl)' of lefiglll}' descrlpllon 1II0/, be ollne/lOIl;
/\je.-......>fV'\-O-'~ gl\c.. \'1 La+- (.,. ,>>-l(.(..-c~
F~L10 (Property ~~~_B1:i ~~Z(~;; ;,;rzoC1:0 lI1)h,/egnfdeSCriP/jOIIII=:~O~~:o:)____
STREET ADDRESS OR ~ODRE\SES (os opp/froMe, 1/ olreody oSSlgfl'0
50 c; # a ",I'c;" 11 /iu
:fA /.111 Lb.lt.1'--__EL_ 3#/-YL.
LOCATION MAP, ~howil1g (~XD(t IOCDtioll of proif!'[tisit~ in relotiull to nl-wrGsl puhli< rG[HI righl-of-w[I)-' (nt/flrD,)
COpy Of SURVEY (NEEDED ONLY fOR UIIPIA1[[[< PROPERTIES)
PROPOSED pnOJECT NhhlE (1! ojJflllio/;/"i
flRO~OSED STREET NAME) (i/{iP,oh(ob!c)
Site D8volopmcnt Plcll1/-h.'miJer (rOR EXI5TINi; rr.DJECT';/?:TE:; O:U \'/,
SOP
(lJJ,R-
Petition iypc - (Com~lelc 0 sconro~c !Iddr~s\rng Chccklist for cuch ['elitin]) Typo)
o SOP (~ilc Dc'{elopmclll Pion) D r'lll I'Piou$ (, rlut k~\'ir~'.'I)
o SDPA{SDf/l.lflCtldmcnl) D IjSPiflrciilllir.{:rySubdil'isif\l\Pinl)
o SDPI (\DP Ir,uc,lonl:n, (honoe) il ii' If"ul Pial)
o SIP (Sile lmproHmenl Pllltl) 0 LLA (Lolline Alljustrnon1)
o SIPI15IPllo"b,IOOllol (hungel 0 n 1,lusliog rerrllll)
o 5NR (5tre,lllumt (hunge) [J WW (Rlghl.of-Woy Permil)
D Vcge1aliQn/Exolic (Vcg, Rcmoval f'crmits) [] UP (ExWI'lltion Parmi1)
D VRS~P r,eg Removal K SiTe firl Permi1) [J TIlR :lrClnd(!! (lj Development r,llIlils)
~ Lund Use f'elilioh (Yuriotlr", Cnnuilionnl lise, Uoot Onc!' b:L, !:r.lnnc, r'llll reZOlle, ete)
o Othcr,Dcwibe:
PI"aiOCI or rJev8iarnwnt nam~s proposed tor, or olr'eady appe[lfin~ in, colluDminium dOClImellts {if uppliwbki indiwte wh~l1i~r' propo'ied Of t;y.i~tjnq)
Ilieo'le Check One: ~ Che;:kilst is Ie bE: ruxed Back
Applicollt Name ~fLKL-._-sd2'.rIAl.ctl
LJ r'Jr'iCil1oH)' ricl'~ed Up
__.~_PhOIl'ZL''r tt7-o7o'frllx__'?;,?1- 07,,/:
Si!pwture nil iliidres~in~ (b8c1l!i~j do~~ nut constitute Prl'iecl afluior :;~rcct ~iomc opprD\'oi nnt! i~ sublNt 1(, lur1h{!i rC'lic'I'l by the Ilddte~sinu Sectiilfl.
FI7/? JTA!! {IJ[ ONi r
PrimulY IllImber \ C::.'S (., \ .-J_...____
Aridress Number I <'a <;'4 '-I 3
Appro'leu by ~vL-~-'-- _~o.-,.-.,_
^dur(~ss ~~\tmbcr
f~ddres~ Number
fIote ,; -Ol-ol
Vnn,l1lcc Appliclltion rcv_ 12/:23/04
, \-2007-AR-11778
r;ENE SILGUERO VARIANCE
PIW,I ECT 2007050004
llA TE: 5/22/07 DUE: 6/6/07
'COLLlER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COlLIERGOV.NET
n
(i)
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 403-2400 FAX (239) 643.6968
_ ',!
,,)..:i c".."
V A_2007-AR-11778
GENE SILGUERO VARIANCE
PRO.JECT 2007050004
DATE: 5122107 HUE: 616/07
VARIANCE PETITION
L
o Dlmensio~al. .
"=:J
PRE-APPLICATION MEETING NOTES *
& SUBMJTT AL CHECKLIST ,
Dale: ~flTime: ~i :(' Assigned Planner: _. ~ t'v1.. ~ DCiJ<.AJ /JAss
Proiect Name: _. I]p A\.J-~~~~, VCL/)~U&/
Project AddrjLocation: ro r !v~ J /YL ;4v'-L I IlK }1/lA~J!..-.-
Applicant Name: _k,fJ.A'-~ [--) (d:,(,I.-.-O _ Phone: ' 2; to - 2,2- .';If
Firm: t:; /v1 G fbr.xv,dnvl (d-e-,r, ('
?Ai" /-
Current Zoning: r:-^fVL r ,-lP ,J
C.f\'\'~"-pj :-r "d 0'/
Owner Name:--6:UJ_ ~l!. /{)..!2A't)
L^6,f to L/);/fCL t. 'I..
Owner Address:
/ I'-<~
{fi.rnN 'V fj)Ar)"\.L~J.'
L f't10. Phone:
'.t/Jl-'Vl\'VO!~-G.<..--
&'
I i2 ....-I)rr'} iJ
/--1 }0.()-- n, - , 6 ('vn '..' IV'-.,!.
Meeting Attendees: (attach Sign In Sheet)
NOTES:
i.d.1Vi \-t'tL
IhV 11,4 \!y~
v~Hl./
. If telephone pre-application meeting is held, direct the petitioner to coordinate with Linda
concerning the requirement for the pet;tioner to send the notice letler to the surround;ng
property owners or to give them that information that Linda typically provides them
1
l-~
L_
VARIANCE PETITION
(VA) APPLICATION
SUBMITTAL CHECKLIST
THIS COMPLETED CHECKLIST 15 TO BE SUBMITTED WITH APPLlCATIOI\I PACKIT IN THE EXACT ORDER LISTED BELOW
W/COVER SHEETS ATTACHED TO EACH SECTION.
NOTE, INCOMPLETE SUMBIT7AlS Will NOT BE ACCEPTED.
RE QU IREM ,NTS
I
# Of COPIE
i
REQUIRED~ nr-
NOT
REQUIRED
Comple10d A~)Dlk,:ltion (download from wetJSit~ forcum~llt form) ------'~ 15
Pre-A.pplication rr2elin!l nates ." - 1 S
(::>mple1eo Acldl'<::ssing Cre::idist. $ianec by~\-Zd~-e~$in9 Dep::Jrtmo&nt 1 _~__.
-f~'2.~cp1ual Sit~ ricH' 2.4" x 3,6" ond_~~.?2~.I" copy ~---X.
J SurvcY~lf prorr::~~Y shcwi119 the enCHJochment (memu~ed in.l~efl ~. 1 __}(__
IOwnerlj\gentJlJfioovltsign:>d&,'lotmized - _~_~_~__~ .1 -X-==-[
De.dde~.;i~.. . ~'~
"~:,',~2IO;:h:t:';)rCP_hl~~!!h~ pro<iou;~ 2 m~___. .:.:~ l:n~-+1'~~T--
~.~ir()njC c. opy of.2!L.:!.?...::~.:nenh o~d p!(:I~.s leCROw, or ~is\:ett'2l ____.. '--1- 1 j _ . .~. .
Hist~oricoISurvcyc~woiverrt?qLlcsl ~ _ l:::__l__".__~_~ __I..~.~~_'
:,~p'erry OWI1G' Advis-::l'.Y .Lo11cr an:' CerHfic(lfiClil 1......-- I 1 _ _)(~_~;_,.,,____._
I[ ::nv-lron:e;l~c\ ~1,l"IPO:i Sl(]lem~~1ii (fIS; and ';lgitl1 /(;k~Ci;,orlk eef)) 0: EIS CI L' , 'y
: exom.~tlon IU:;tl'lcotll?ll ,.~______.. __ _~__ ' '-f~
~==Sy/
[JA'r€>-opplicatioli Fl:e ~.50),O)O (A"plkctions submitte-d 9 months or m:>rc cfter ihe d{Jh~ of the las~ pre--opP meeting
shClli no1 be crecl1te-d towards opplico.tion feco. Clrld 1:1 hew pre-of'piii:ation me(!ling will be reqvirelCl.)
Review F!~c~:
};J $2000.00 ,eoident'"l
F 0 $500C,CO hlan-Re"identia!
o $2000.00 Sign VCt!'iance
o After~T'ne.Foct Zoning/Lane. USG Petitions 2x the nonntll p{3'ition Fee
o ~760,OO cstim01ed Legal A::h-erti<;ing Fee - cepe I/,eetillg
o $363,:)0 E~t\rrroted L-=Qol A::Jvertisir:Q F-.;:e - Bee Meeting
(any over- or unC:er~pO'Y:r1enl ',I.'ill be reconciied U7)on raceip" of Invoice from Naples
Daily Ne\'/s:,.
o ~ ::'500.DO ElS l::I2-"iew
OTHl;R REQUIREMENTS.:
n__
O^_
0_
C:/::-::\~'A ,,-,().//:'I,,:,)2-
AgeIl1..7(;;rltCl'Sipwtil/,e ()
- ;;IO~
J-.:::~.C_._I
Du(t'
\'~ri"ncc r!>.J1pliC:3ti:m rev Ef23/(14
V A_20\J7-AR-l i 7i8 _
GENE SILGUERO V AlliANCe;
I'I'OJ ECT 20070S0(J04
"fl.' "'2"07 DUE: 6/6/07
Oil. '.: 0 .'
L'd
80L 0- L 98-680
SJepl!ng ecuoH :) f~ 0
8\>9:0 I La La des
Collier County Property Appraiser
..---
"
<:;'~:~~~:} ~?~.'~
\'_"'Y:;-;.i:: ::,I'o1!',Ll jl':mDlUi',1! ~I.\GE I
r,~' ~'..'
..i9 Introduction
,..;j;) Search for Parcels by
e Search Results
Folio Number: 35990600006
Name: MARTINEZ, JOSE M
Streem & Name: 4665 26TH CT SW
ELtiJ=-'
Folio Number: 63856280008
Name: MARTINEZ, JOSE M
Street# 8. Name: NO srrE ADDRESS
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Folio Numbor: 00060160003
Name: MARTINEZ, JOSE M=& ROSA
Street# & Name: 4626 LITTLE LEAGU~ RD
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Folio Number: 62154760001
Name: MARTINEZ, JOSE R=& MARIA
Stream & Name: 5367 SHOL TZ ST
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Folio Number: 49475000023
Name: MARTINEZ. JOSE=& FRANCES
Street# & Name: 51918TH ST N
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VA.2007.AR-II77~
GENE SILGUERO VARIANCE
I'ROJECT 2007050004
DA TE: 5/22/07 DUE: 6/6107
http://maps.collierappraiser.com/webmap/Map.aspx
3/26/2007
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RESOLUTJON 07 -
A RESOLUTION OF THE BOARD OF ZONiNG APPEAl., OF
COLLtER COUNTY, FLORIDA, RELATING TO PETITION
NUMBER YA-2007-AR-I1778, FOR AN AFITIR-TlLE-FACT
VARIANCE OF 14 PEET PROM THE MINIMUM 25-FODT
PRONT YARD SETBACK RDQUlREMENT, fOR A SINCLE-
fAMILY HOME CURRENTLY UNDER CONSTRUCTION IN
THE NEWMARKET SUBDIVISION, IN IIVlMOK/',LEE, ON
PROPERTY ELEREINt\FTER DESCRIBED IN COLLIER
COUNTY, RORTDA.
WHTIJillAS, the Legislalure of the Stale of Horidn in Ch.apter 125, Flo6da Statutes, has
confcncd on all counties in Flodda the power to estabHsh, coordinate and enforce zoning and
such budne.,,!; regulations ns are nece:;;;;ary for the protection of the public; and
WJ-llJREAS, the County pursml11t thereto l1a,,, adopted a Land Development Code (LDC)
(Ordim:Ilce, No. 200~-41, as mlle.ndecl) which estnbJi;..he~.reglllationr- for the zoninr; ('If pnrti;:ular
geographic djvis.iDlIS or the County, Clmollg \\'hich is the gmnting [If valiancc;;;; and
V/J-ffiREA:), due to .a sUlveying tn-Of, Petitioner is constructing a single family house on
a O.34:!: acre "itc with a 23.6-1'001 front yrlrd selback as shown on the atll1cbed plot plnn <fA,"
wbich is 1.r1 reet ~bort of tbe required 25 fODt ::;ethuck for lhis Rrv[F~6 Zaning District, as
providcu by Scdi(m 4.02,01.A. Tabk 2J of lbe LDC; (lnd
\VI-n~r-:'El\.S, the Board of Zoning ;\pp:als has held a public hearillg nfte.i" notice as ill said
regulations m.ade ~md provided, nnd lws considered the advi,c;3bility of the requested aftcr..th(>facl
variance of l.A f::.'ct [rom lha minimum 25-foot front y~rd setbJr.k requirement, and h;J.s found as
a matter of fact that s(lLisfa,::.tory provision and arnmgement have been made concerning all
Applicable 1llC1ttel'S required by said regulations and in accordance with Section 9.04,00 of the.
Zoning Regulations of said Land Development Code for the unincorporated area of Collier
County; and
WllliiU~AS, aU interested pflrties. have bee.1l given opp0l1unity to be heard by this Board
in public meeting as::;crnblt~d, and [he Board having considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY TllU nOIlED UF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, that:
Pt,tition V A-2007-AR-1l778, filed by Ocne Silguero of GlvlC Home Builders, \\11th
rer-peel to the properly tbscribed ns Block EJ.. Lot (l, of the Nev.;markct Subdlvigion lm:::;t:::d in
inunol:alee, in Collier County, Fiorida, bc and the ;:anlG hcr~by is approved for ~n nfler-tht-:-fnc1
variuncc of l.4lc~t from lbc minimum 25-[001 [fOnt )'3rd setback requirement for the Rcsid::'~lltial
Multif~Illily-6 (RIVIF-6) Zoning District. as pl"O"vided for in Section 4.02,01.A" Table 2.1 of the
LDC, subject tn the conditi-on:, conl<::incd in Ex.hibit "B."
Page 1 o[ 2
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DE IT FURTJiER RESOLVED thi.lt [his Resolution relating to Petition Number V AR
2007.AR-1l778 be recorded in the minutes of this Board,
This H.esolution adopted after motion. f:econd and majOlity Vole, lbis_ day of
.~, 2007.
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BOARD OF ZONING APPEALS
COLLIER COUNTY, FJ .ORillA
DWIGJJT E. BROCK, CLERK
By:_,_____
By:
, Deputy Clerk
JAfvfES COLETTA, CHAD/MAN
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CONDITIONS OF APPROVAL
V A-2007-AR-1l778
J. The Variance is limited to a J A-foot setback for the front yard adjacent to Glades
Street, as depicted in the survey plat dated January 31,2007.
2. If the structure is destroyed for any reason to an extent equal to or greater than 50
percent of the actual replacement cost of the structure at the time of its
desIruetion, all reconstruction of the structure mus1 eonfol111 to the provisions of
the l.and Development Code in effect at the time of reconstrucIiotl.
1 of 5
EXECUTIVE SUMMARY
Recommendation that Collier County Board of County Commissioners approve 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) amend 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.
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, 2007 the IMPVC
recommended that the date of dissolution of the IMPVC be extended from December 31,
2007 to December 31, 2009.
FISCAL IMPACT: The Immokalee Local 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 No.186 entitled, "Immokaiee
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 Unified 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 date of dissolution be extended from December 31, 2007
to December 31, 2009.
:;;:: ~
.,
STAFF RECOMMENDATION: That the Collier County Board of County Commissioners
consider adoption of the attached ordinance.
PREPARED BY: Thomas Greenwood, Principal Planner, Comprehensive Planning
Department
I'a~\: I of I
COLLIER COU'>TY
r':'r';;::/-
Item Number:
Item Summary:
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Meeting Date:
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AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, RORTDA.
AM::NDL'IG SEC710N SLX Of ORDLNANCE NO. ()'1-62, IN
ORDER TO EXTE~m THE TERM OF THE IMMOKALEE
MASTER PLAN AND VISIONING COMMITTEE TO
DECE\1BER :~ L :2009; PROVIDL"JG FOR lNCLUSlON IN THE
CODE Of LAWS AND ORDINANCES; PROVIDING FOR
COJ;;FLlCT AJ"D SEVERABILITY; [,ND PROVIDING .\N
,:rfECTIVE DA TE.
\VHEREAS. UJl September 28, 2004. the Board of County Commissioners adopted
Ordmance No, 0..:\-62 \vllich re-e.';;lubIL"lled lhe 1Jl1!DoJ,akc Area Master Pbn Restady Committee
<1" the lmmol:aJec Ma<;ter Plan :md Vi"iuiling COlllmiti::t iTI\1PVCI for the purpose of assisting
Counly <,laff with the rnoll1lorill; and Irnpkmcnt<ltlon of the ImllJokaite lueJ. Master Plan and
land us:: regui2.tJc,n~~ tl1at affect \'arj(lL::. IJ1l1Jluk;Jicc 2'omng dlS[r:Cls; and
VI."HERE./'.S. S...:::lio:J S]\ c;f DnJin;mc:: > ;), [J-':'.(,:; fI~c,\'idl':, {(I:' dissnllllion l< the flvlPVC'
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~S\Y, j'H:=:REFOR:=:. 13 E IT (jJ-:.DicL'\ED BY TEE BOARD OF CUUNT)'
COlvl~.HSSIONERS Of' COLLIER COU-.JTY. FLORIDA, that:
SECTION O~
A.MENDMENT TO SECTION SIX OF COLLII:R COllNTY
ORDJNANCE NO_ ():1-62.
Se::lion ;--:,i:; \if Ordin:rncc: [\]u, {j,c]f:2 I' her,:;hy ~\'llcj\L'd \0 rC!ld 2:" f(lI10v,'s:
SE::Cj'ICJ>.J S~X:
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2.dCDli:JJI ur ~!t~ 2(((7 :':'lL~ ,;j :i:'~' C:i!-u\','lh l\'lJn:J~C'~Tr:nt 1'1:'.:-1 al:l.::-ndlll'_'n:'-' for ;hc !nHiH_,k:ll(:'~'
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[NeLl '-SI(:':l,~ L'-i TEE C:ODE Or L\V,'S /,,,--,-1\,'0 Of8I:.l\,'A]'..JCES.
Tile pn:>vi'iiun" of lhis Ordill:lllCi: ~,halj [x:;comc and ho;.' rn,aj(~ :1 rUrL nf il1,- Cod:; of Laws
::!.nd OrdiaaJJc~" 0f C>,'JlJer Cuuc;~'. ::::brid<.:.. TI;t sections c'l tbe. ()rdl:,:m'::~ 11m)' b:: rc.numb~~rc(: or
;-c-kncrcd tCl accDlnpE::;!; "'Heh. oW] tlle word '\)rJmallC-;:;" fll:IY 1",' ,.:angeJ 10 "~e(.',tion," "anicle;'
,:.f 2ny oth~r :!pprcp!iate \'.'urd
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.~,~ :lIT deleted
Page 1 of':'
SECTIQl'!.IUjiJ:];: CONFLICT AND SEVERABILITY.
In the. event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable la\", the \l1ore ft;strictivc shall apply. If any phrase or portion of the Ordinance i.s held
inval1d or unconstitulional by any court of competent jurisdiction, 'such pon'lOn shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining ponion.
~ECT]ON FO\.l~:
EFFECTIVE DATE.
This urdinance shall become effective upon filing with the Depanment of State.
PASSED AND nUL Y ADOPTED by ..l majority v0te of the Board of County
Commissioners of Collier County. Florida, this
day of _,__"_"~_,_ , 2007.
:'\TTEST':
D\VIGIIT E. nROCK" CL:-::Rl(
BO.t.J:~D OF COUNTY COMMISSIONERS
COLLJER COf..'NT\', flJ.lfdDA
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Page 2 of2
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! Of 2
EXECUTIVE SUMMARY
Continuation of the Transmittal public hearing for petition CPSP-2007-7 the State
mandated School Concurrency Program to the Florida Department of Community Affairs
OBJECTIVE: To have the Board of County Commissioners (BCC) continue petition CPSP-
2007-7 from November 13, 2007 to the Deccmber 4,2007 BCC special meeting, in order to
all ow adequate time for document preparation, and to allow sufticient review time of those
documents by the public and the BCC aller the Collier County Planning Commission's (CCPC)
November], 2007 public mecting.
CONSIDERATIONS: The CCPC initiaIly heard the School Concun.cncy peIition at their
October 19, 2007 regular meeting ,md subsequently continued the item after their review of one
document - the Interlocal Agreement. Due to limited mecting locations and scheduling conflicts
with the School District and their consultants. the public mecting will be continued 10 November
L 2007.
The State has established a timciine for local gove111ments and school districts to adopt a schoo]
concurrency program: Collier County must adopt a program by March I. 2008.
The continuation of the BCC meeting to December 4. 2008 may result in missing the March],
2008 adoption date by a few weeks. Potentia] impacts to the County may include the loss of sales
tax revenues and a prohibition on the adoption of Growth Management Plan amendments that
increase residential density. However. slalT believes it is highly unlikely that sanctions will be
imposed by the State for a short delay in the program adoption. Further, staff wiIl coordinate
with the Depmiment of Community Affairs to inlorm them of any potential delay.
FISCAL IMPACT: There are no lisea] impacIs at this time.
GROWTH MANAGEMENT IMPACT: There arc no Growth Management Plan impacts at
this time.
LEGAL CONSIDER-\TIONS: There are no lega] considerations at this time.
RECOMMENDA TION: That the Board of County Commissioners continue petition CPSP-
2007-7 to the December 4, 201J7 Board of County Commissioners' special meeting.
Prepared by: Michele R. Mosca, AICp. Principal Planner. Comprehensive Planning Department
-
Pil?l' J or I
COLLI Ell COUJ\TY
Item Number:
Item Summary:
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L,gencs !tS':T; f'~o, "i 7D
i,iO'JET(;:xir 13, 2007
;:);;:::ge 1 of 12
EXECUTIVE SUMMARY
That the Board of County Commissioners of Collier County, Florida, adopt an
Ordinance amending Ordinance No, 2004-58, (The Collier County Property
Maintenance Code), specifically amending the Definitions, Rental Registration and
Procedures, and Inspection of Structures and Premises
OBJECTIVE: That the Board of County Commissioners (Board) adopt an Ordinance
amending Ordinance No. 2004-58, (The Collier County Propelty Maintenance Code).
CONSIDERATIONS: At the regular publiely noticcd meeting of the Board on October
9, 2007, the Board considered Agenda Item IOK pertaining to rental registration fees.
The Board directed that Resolution No. 2007-160 and Ordinance No. 2004-58 be
amended to: 1) require one annual registration fee per property, 2) impose daily late fees
per property and 3) limit annual daily late fees to S80.
At the regular publicly noticed meeting of the Board on October 23. 2007, the Board
considered a proposed resolution as pmt of Agenda Item ] OM. The Executive Summary
that was considered and the resolution that was adopted at this meeIing (Resolution No.
2007-3(9) m.e attached hereto.
The proposed amendments to Ordinance No. 2004-58 are in strike-through underline
format. These revisions hannonize Ordinance No. 2004-58 with Resolution 2007-309
and the Bom.d's previous direction ofOc!ober 9,2007 and October 23,2007.
First, a definition of "property" is proposed to be added. The definition of "property" is
restricted to being applied in the context of rental registration to avoid unintended
consequences. The definition is added to make clear that more than one rental unit on a
parcel ofland may be registered together for one annual rental registration fee.
Second, the proposed ordinance amendment clarifies that a separate certificate is not
required for cach rental unit locatcd on the same propelty and that rental units upon the
san1e property are not required to be separately registered. See proposed amendment to
Section Seven of Ordinance No. 2004-58.
Third, the proposed ordinm1ce amendmcnt authorizes the Collier County Manager or his
designee, to revoke or cancel a registration for the failure to timely renew by August 31 ,t
for the applicable renewal yem.. See proposed amendment to Section Seven, Pm.agraph 7.
This proposed amendment was not Board directed, but was proposed by Code
Enforcement staff to provide propelty owners with additional time to renew rental
registrations without a eode enforcement case being initiated. It also assists Code
Enforcement staff with monitorin;.: the status of rental registration and the related
renewals. Should a renewal not b; filed by August 31", the~rental rcgistration will be
considered cancelled or revoked subjecting the property owner to Code Enforcement
action if the respective property is deemed to be an unregistered rental unit and the
property owner will be required to file for an initial rental registration. In cases where a
property owner is late to file a rental renewal and the rental registration is revoked or
, ..~
:~ ~'1' :- :' ".:: ;-
c~mcelled, daily late fees up to the set maximum and the initial registration fee are
required unless clear and convincing evidence is provided to staff that the property was
not intended to be rented while the rental registration lapsed.
Fourth, the proposed ordinance amendment clarifies that mandatory inspections for rental
units covered by Ihe Department of Business & Professional Regulation (DBPR) license
are not required. A copy of the license is required to be produced to obtain such
exemption. See proposed amendment to Section Nine. Rental units covered by a DBPR
license may be subject to inspections as provided for in Ordinance No. 2004-58. These
units arc still subject to inspection should a complaint be filed with Code Enforcement
staff or oIherwise observed by Code Enforcement staff.
Fifth, to stay consistent wiIh the Land Development Code f01111al, references to "Collier
County Community Development and Environmental Services Administrator or his/her
designee" have been replaced \vith ""County Manager or his designee'".
Sixth, the reference to "Code Enforcement Board Ordinance" in Section Nine is proposed
to be replaced with "Consolidated Code Enforcement Ordinance." The Consolidated
Code Enforcement Ordinance was recently adopted on Mav 8, 2007 and rcpealed the
Code Enforcement Board Ordinance. This proposed amendment was not Board directed,
hut is proposed to ensure that the most recent ordinance is referenced.
LEGAL CONSfOERA nONS: County Attorney ()iIice has re\.icwcd and apprO\cd the
Ordinance associated with this itcm j(lr hll11 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 in the FY08 budget and forecasted revenues for this program are
projected to meet the budgeted expenses for the rental registration program.
GROWTH MANAGEME~T IMPACT: There is no growth management impact
associated with this Executive Summary
RECOM.MENDATlON: That the Board of County Commissioners of Collier County.
Florida, adopt an Ordinance amending Ordinance No. 2()()4-58. (The Collier County
Property Maintenance Code) and authorize the ChaiI111anlO execute same.
SUBMITTED BY: .Jennifer A. Bclpedio, Assistant County Atlol1lcy
~' i
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.
OBJECTNE: 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 Ie pertaining to rental re,gistration 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 infonl1ation 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: I) being charged a
renewalfee on aper 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
express~v 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.
At a future regular publicly noticed meeting of the Board, an Ordinance will need to be
considered by the Board to harmonize 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 ncxt regular meeting of thc 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 form 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 III
activities at $237,633.00 in the FY08 budget and forecasted revenues for this program are
projected to exceed thc budgeted expenses for the rental registration program.
GROWTH M.I\NAGEMENT IMPACT: There is no growth management impact
associated with this Executive Summary
RECOMMENDA nON: 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
A.mending Paragraph "00" of Resolution No. 2007.160 Pertaini:lg to Fees For
Registration Of Rental Dwellings.
SUBMITTED BY: Jennifer A. Belpedio, Assistant COW1!y Attorney
Paf.!.C I of I
COLLIER COL''iTY
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Item Number:
Item Summary:
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KESULUTICJI\ NO, 2007 - 3g~
A RFSOLUTIOl' OF TilE UOARIl OF COUl'TY COMMISSIONERS OF CUI.LIER
COU~TY, FLORIDA AMENDING RESOLUTION ~O. 2007-160, KNOWN AS TIlE
COLLIER COl'NTY COMMUNITY DEVELOPMENT A~D Ef,;VIRONMENTAL
SERVICES FEE SGIEDULE, BY AMENDING PARAGRAPH "00" PERTAINING
TO FEES FOR REGISTRATlOl' OF REl'TAL DWELLINGS
\VHEREAS, the Board of C iJunty Commissioners ("Board") at the regular publicly noticed
meeting of the Board on October 9. :::007, considered Board Agenda Item 10 K pertaining 10 rental
rt:gistration fees; and
v,.!T' :004-58,
. ~'., tllat uelinquent renewai uf rental regl::.traUO]L
resolution of the Board of County CommissiOlIl.:rs: and
Section 7, Paragraph 5, provides, in
'!" ;t :!:lily penalty as established by
WHEREAS, the Hoard fLrlds that it is in the governmellt and public inter,::"t to amend Resolutiun
"('{\7.1 hO 10 rt;,iucc the fee for lenewal ofrcmul registralions: and
\\'HEREf.:', jj(J Gt!l:,;r II:\; ,1:> sct forib III Resolution }.Ia. 2007.160 is being amended by this
Resolution.
NOW' THEREFORE, BE IT RESOLVED BY THE HOARD OF COUNTY CO;V1MISSJO~'ERS
OF COI.I.IER COUNTY. FLORJDA, II",,,
Paragraph "OC)'" penainin;:: to regl"tratioll of rental dwdJings of Re.~olution ?'\o. 2007-16(1 is
;Jm:;;nded as follows'
00) REGJSTH.A.TlO?\' OF RE"t\T.i\:... DWELLD"GS
]) The fee for registration of rental dwellings IS as follpws:
a. initial Repist,ati~Jn Fee. $30.00 P-['!-l~K.r1~
b. i\nTlUuJ Renewal - i:2C!.OO psr rrQn~'n\'
c. ,\nnuat Lali;; Fe~ $1(1.00 pcr u,~y 11"-' nrClf)crt\" UP t<C1.il m;lxilllunl llf 5?~!().
d.c. _... -'lilC lcr:1I hnr_QPf.:rl}" means a n;II':.:e!_\;'J!h all::':' mllnhe~ Df "lcnq.l_untrs" h:';il1e~1
LI:~et!P(1TI.
'\ "n;:H.a: un!!." is an\" :h\"C!1111~' lh<ll is Xl'"Jt (1wncr pc:.uried.. hut. (1c:~uried b)
S(l:1lC0l1e Nher thafllh_l~()-"~'lJ~~ for 3:1\' portion of ':_;:(LI~:.mll!:"Y~
:::) Rentallnspe:.:ticlI1
a. Renlal inspection. $ :200.00 per unit
b. Re-inspection Fce - $ 50.00 per rc-inspection ~i!
c __Rental inSfJeClions ShJ.!.tL)101 be recruired fQ~[cntal units cC1\'cn::~LbLl! Florida
I:2mJ1m~nt of Business and ProJc53_hma! Rel':ulalion ("Dnf'B.':l.lifen~e A qpv of the DBP1\
ill::iP~1iSJILwort shall be' nr<widcc\ wilb llJejnitial rental rCl!istTiltiDl] .alJd..ull suhSe(JU~lli Jt;.mill.
~enewal mmiications.
PASSED .-\.ND DULY ADOPTED by thc Uoard of County (ommissiullcrs of Collier CLHII1,Y,
Florida this :) '-1 TJ,'i day of .LL'_LOCE...fL., 20117
ATTLST:
D\\ lGHT E. BROCK. CLERK
BOARD OF COlJNT\' COMMISS10r-.:r-:RS
OF COI.LlER COUNTY. FLOIUDA
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Appr5\'aras fa Jorrn and lCb'aI
Sufficiency:
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J/01ES COLETTA, CI!AJRMAN
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ORDINANCE NO. 2007-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO.
2004-58 (THE COLLIER COUNTY PROPERTY MAINTENANCE
COIlE); AMENDING SECTION FOUR, DEFINITIONS; AMENDING
SECTION SEVEN, RENTAL REGISTRATION AND PROCEDURES;
AMENDING SECTION NINE, INSPECTION OF STRUCTURES AND
PREMISES; PROVIDING FOR INCLUSIO'" IN THE CODE OF
LAWS AND ORDINAC'iCES; PROVIDING FOR CONFLICT AJliD
SEVERABILITY AND I'ROVIDING AN EFFECTIVE DATE.
\\lJ-IEREAS, on October 9, 2007, at a regularly publicly noticed meeting the Board of
County Commissioners {"Board") considered Item 10 K and directed that an ordinance and
resolution be drafted that revisited policies related to annual rental registration application fees
and late fees; and
VlHEREAS, on October 23, 2007, at a regularly publicly noticed meeting the Board
considered hem 10M and passed Resolution No. 2007-309 based on its prior direction: and
\\.'HEREAS, the Board finds that it is in the government and public interest to allow
initial rental registrations, annual rental registration and latc fees to be collected p~r property and
not per renia] unit; and
WHEREAS. the Board finds that rental inspections will not be required for rental units
co\'cred by a Florida Department of Business and Professional Regulation license; and
\VHEREAS. the Board finds tbat units covered by a Florida Depanmcnt of Business and
Professional Regulation ijccnse remain subject to the local r~gu]atjons ofCollic-r County.
WHEREAS, the Board finds that the amount of fees charged for rental registration
rdated services and late penalties continue to be set forth by Resolution of the Board and cannot
be waived or suspended without further action of the Board,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COL"NTY, FLORIDA, that:
SECTlOJli ONE:
Section Four of Ordinance No. 2004-58 is hereby amended to add the
following definition:
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PROPERTY - for the purposes of rental registration "property" means a parcel or
contiguous parcels with any number of rental units iocated lhereupon under common ownership
and/or management.
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SECTION TWO:
Section Seven of Ordinance No. 2004-58 is hereby amended to read as
follo,"'s:
SECTION SEVEN: RENTAL REGISTRATJON REOUIREMENTS AND PROCEDURES.
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Words Underlined are added; Words S~TH:;I; Throu;h are deleted.
All rental units in unincorporated Cullier County must obtain a registration certificate
from Collicr Count)' Community Development and Enviroruncntal Services Division in
accordance with this section. A seDarate certificate is not reauired for each rental unit located
uPon the same pronertv.
1. V\i1Jen any dwelling unit is occupied by someone other than the ov.l1er for any
portion of a calendar year, a rebuttable presumption arises that the dwelling unit is a rental unit.
The presumption may be rebutted by evidence that the occupancy of the dwelling unit is due to
housesitting. baby-sitting, pet sitting. or the iike.
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REGISTRATION OF RENTAL lJl\ITS REQ\;IRED - The owner(s) of any rental
unit shall register each rental unit v.ith the Callier ('8HAt; CommHHit:" De el8~FHeHt and
[n"inmmentaJ St:'. 'iees ."AR.inistra~(Ir. sr hisbeF County Muna!ler or designee, and shall
designate an individual or entity as the Local Agent or {)perator for the registered rental unit.
Registration shall be made prior to the use of any dwe! I ing unit as a rental unit. Rental units
located unon the same oronertv a,c not required 10 be scni!ratelv re(!istt:red.
3. APPLICATION FOR REGISTR/\TIOJ, PROCEDl'RES - Appiication for
registration shall be completed for e-affi ren13.1 unit~ loC'att~d in the unincorporated Collier Count)
and in accordance with such instructions as may be pro~ icied by the ':on:muLil:' DcwlopFR:l1t
a:l: '"":fl','iH:HH11(,:;1:al Ser 'i(~l'n-i~~ COUnl\~ !Vlana~er or designee, and include at a
minimum. th:: follo\\'ing infoITn::nio!l:
a. The name and addresses and telephone numbers ofallc1\\11erS o[the rental
lUlit.
b. The name, local address and telephone number of the responsible local
agent or operator.
C. The number ofrenta] units and the address(es) of each rental unit.
d. The name and address of any mortgaGe holder.
e. A C()f1\" oftk~ Florida Denal1mcnt of Husiness and Professional RCQ:ulation
('DB!)}C\ license. if anDlicablc.
4. LOCAL i\GENT OR OPERi\TOR - A person or representatiye ofa corporation,
pannership, firm. joint \'entW"e. trust, association. organization or other entity, haying his or her
place of residence or business in Collier County designated by tbe ov.:ner to operate and/or
manage sllch prcmis\::s in accordance with the following provisions.
a. Lo~al Agent or Operator Requirements. The Loca! Agent or Operator
must be either: an individual who resides within Collier County and is a minimum of 18
years of age, a local busintss emity possessing a Collier County Occupational License
who is reg.istered with and known by the Florida Department of State, or the property
o"\\ner, provided he/she is a resident of Collier County. A real estate agent or broker of
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\\lords underlined are added; Words StmeL T1Lou;;fl are deleted.
the owner shall not be deemed a "Local Agent" for purposes of this section unless said
real estate agent or broker is registered in accordance v.ith this section.
b. Duties and Responsibilities. The designated Local Agent or Operator shall
at all times ensure the rental unites), for which he/she is responsible, is in compliance
\vith all Collier County Codes and Ordinances. The Local Agent or Operator shall be
vested with the authority to receive notices of violation and shall be vested with the
authority to consent to access to such residence to duly authorized public officials
conducting inspections necessary to ensure compliance with the terms of this Ordinance.
All official notices of violation of all Collier County Codes and Ordinances served to the
Local Agent or Operator shall be deemed to have been served upon the owner of record.
c. Property Owner and Local Agent Agreement. Any person(s) or entity
designated by the property o",ncr(s) to act as Local Agent or Operator must accept the
duties and responsibilities as set forth in this Ordinancc. Such acceptance shall be
indicated by "'Tinen agreement hy and between the property owner(s) and the named
Local Agent or Operator, which shall be duly noted on the application for Rental Unit
Registration. \\"ithdrawal of such an agreement shall result in revocation of said
registration. Failure to provide said agreement shall be grounds to refuse issuance of
rental unit r~gistralion thereby constituting a violation of this s(,:(,;tion.
5. TERMS, EXPIRATIO!\. RENEWALS A:-:]) TRi\l-iSFERS - Rental Uft~
registration certificates shall be issm,~d for a period of one (1) year. Said registration shall be
updated annually on or be10re June 30th. Delinquent registrations will result in a 6-a-t+;' ~
lute Ce,e as established by resolution of the Board of County Corrunissioners. Should a change
occur in ownership or Local Agent or Operator infom1ation, a transfer or supplemental
registration shall be filed v.'ith the Community Development and Environmental Services
Division within ten (to) days of such change by the property 0\\I'ner(5). Any change in o\vnersrup
or Local Agent or Operator information \vithout notice to the county shall result in revocation or
cancellation of said registration and shall be deemed a violation of this Ordinance.
6. RENTAL UNIT l:'JSPECTIONS - AlI--fRental units registered with CoIlier
County may be inspected, for an additional fee, by the Housing Official, or designee, in
accordance with this Ordinance to ensure the housing conditions and surrounding premises are in
compliance with the Codes and Ordinances for Collier County. All non-compliant conditions
shall result in a failed inspection and denial of a rental unit registration certificate. Notice of the
non-compliant conditions will be provided to the owner and agent and such conditions shall
require correction in a timely manner. Repeated non-compliance \\'ith any Code affecting
premises shall require an annual inspection until the premise has been Cound free of violations
for at least two (2) consecutive ycars.
7. REVOCATlON/CA1\"CELLATlON - The Collier CS1:lHtj. C'011:mblHit:, C:.:: :.::larrr.eItt-afl6
[nvironmen:al Ser.iees Di\isiBfl .^~dministF6tor, 8f his1:1er Count\' Manager or desillnee, may
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Words Underlined are added; Words Strl:1el~ Throu';H are deleted.
.-J.;.I; '\!J.
revoke or cancel a regis~ralion on the following grolUlds: 1) Information contained on the
regi~,lration is false or material facts have heen omitted, 2) a person or business registered lUlder
this :;ection has violated county laws or ordinances for the protection of the public health, safety,
or \velfare and it is determined that the continued rental registration would be detrimental to the
public health, safety, or welfare, €If 3) payment of rental registration fees are dishonored by a
financial institution, or 4) failure to timely renew rental reQ:islration bv Au(!ust 31st for the
apolicable renewal vear and ""ill r('~ult in late fees beinl2: eharl!ed even if revocation/cancellation
occurs. Onl\: if clear and convincinl! evidence is provided to the Countv Mana1!er or desil!nee
that the provenv was not intended to be rented while the rental rc!:.!istration laosed will late fees
not be charged. Revocation or cancellation of registration shall constitute an unregistered rental
unit.
8. APPEALS TO REVOCATION/CANCEl.LA TlON OF CERTIFICATE - Prior to
the cancellation or revocation of a license under this section, the county shall notify the owner of
the grounds for such cancellation or revocation and of the right of such person to request a
hearing befure the code enforcement board. Procedures for the notict:s and hearings shall be set
forth in the C'onsolidatcu Code Enforcement &afJ Ordinance,
SEeTIO:'\' THREE: Section !\line of Ordinance No. 2004-58 i~ hereby amended to read as
follows:
SECTION NINE:
!NS"ECTIOJ\ OF STRCCTI'RES AND PREM!SES.
1. Complo.int-d:i\'en or inspector-initiated inspections of properties subjcct to this
Ordinance sh~1l he conducted by tbe County to ensure that such properties a:e in compliance
with the provisions of this Property Maintcn~nce Code; pro\'id~d. however, this provision shall
not be interpretcd as authorizing the County to conduct inspections of properties withoU! the
consent of the owner or occupant or \\'ithout a warrant. In securing consent, or at the time of
inspection, the Housing Official or the Code Enforcement Investigator shall present County-
issued identification and shall explain to the owner, occupant or operator the purpose of the
inspection. Rental insneetions shall not be required for rental units on 3 oropertv covered by a
DBPR license. A CODY qf the current DBPR insvection license shall be orovided \-\lith the initial
rent:}! reuistration and al] SUDscouent renw.! renewal armlicatiolls.
If the inspection of (i prc'peny r::veals violations of the provisions of this Property
l'vlaintenance Code. this shall trigger a regues! fur ,m inspection of the interior of the propert)
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and;or a random sampling of the propenies involvec which Dlay include multiple units.
3. For inspections in\"()]ving multiple units at one location and upon consent of
()wner or d'~sig.net or issuance of inspeclion \,\'arrant, a random s3r.1pling of the properties \\"i11 be
insp(:cted as follows:
a. 1 to 4 units. all units;
b. 5 to 10 units. 50~o of units;
c. 11 to 29 units, 20%) of units;
d. 30 to -+9 units, 15~~ of unils;
e. 50 or greater. if one locJtion, 5~.u ofth(: units with a maximum of twenty (20) units.
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Words Underlined are added; Words Stru~L Tnrol:lgI:l are deleted.
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In the case of 50 or greater units, if the Housing Official finds one or more serious,
health. safety or habitability viulations in 5% of the units, the OfIicial may ask to inspect more
units to a total of 100% of the units in the development community. The Housing Official may
assess a noncompliance inspection fee of $50.00 per lUlit inspected, per re-inspection, if any
violation still exists after allowance of a reasonable time period for compliance.
4. The Housing Official and all appointed designees are authorized and directed, in
accordance with this Section, to enter and inspect dwelling units, buildings, structures and
premises to determine their condition in order to assure compliance with the provisions of this
Code or upon receipt of complaints or when the Housing Official has cause to believe a violation
of this Code exists. Inspections shall take place during the regular business hours of Collier
County Government, or at a time mutually agreed upon by the I-lousing Official and the O\\TIer,
operator or occupants. Should the owner. agent, operator or occupant fail to make the mutually
agreed upon inspection, a final inspection must be obtained within 30 days of the original
inspection date.
5. The O'NIler, operator, occupant or other person in control of d1,\'elling unit,
building, structure or premises shall, with consent, allow the Housing Ofiicial or designee free
and umestricted access to all areas subject to the provisions of this Ordinance for purposes of a
full and complete inspection. In the event that the Housing Official or designee is denied access
or cannot obtain access to a dwelling, dwelling unit. building. structure or premises for purposes
of inspection, the Housing Official or designee is authorized and directed to seek and obtain an
inspection warrant authorizing entry and inspection pursuant to Chapter 933. Florida Statutes. as
it may be amended.
SEeTIO]\" FOrR: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida, The sections of the Ordinance may be renumbered or
relettered to accomplish such. and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTIOJ\ FIVE: Conflict and Severability.
If any section, phrase, sentence or ponion of this Ordinance is for any reason held
invalid or unconstitutional by any court of competent jurisdiction. such portion shall be deemed
separate. distinct. and an independent provision, and such holding shall not affect the validity of
the remaining portions thereof.
SECTION SIX: Effective Date.
This Ordinance shall be(.~ome effective upon being filed with the Department of State.
PASSED AND DULY adopted by the Board of County Commissioners of Collier
County, Florida, this ~ day of ,2007.
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Words Underlined are added; Words 8truek T1'if01:lGR are deleted.
ATTEST:
DWIGHT E. BROCK. CLERK
Approval as to fonn and legal
Sufficiency:
~(K ~c...2>
Jennifer A. B P 10
Assistant County Attorney
HUARD OF CUlJ1\TY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
Hy:
JAMES COLETTA. CHAIRJ\IAN
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V':ords Cnderlill~ are added; V'/ords StrHeL Through arc ddcted.